DECEMBER 13, 2005 MINUTES
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
HARRY E. DIEZEL Kempsville - District 2
ROBERT M. DYER, Centerville - District J
REBA S. McCLANAN, Rose Hall - District 3
RICHARD A. MADDOX, Beach - District 6
JIM REEVE, Princess Anne - District 7
PETER W. SCHMIDT, At-Large
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
CiTY CLERK - RUTH HODGES SMITH, MMC
13 December 2005
CITY HALL BUiLDING
2401 COURTHOUSE DRIVE
ViRGiNIA BEACH, VIRGINiA 23456-8005
PHONE:(757) 427-4303
FAX (757) 426-5669
E-MAIL: Ctycncl@vbgov.com
I.
CITY COUNCIL BRIEFING
- Conference Room -
1:00 PM
A. MINORITY BUSINESS COUNCIL ANNUAL REPORT
Louisa Strayhorn, Chair
II. CITY MANAGER'S BRIEFING
A. PUBLIC SAFETY COMPENSATION PLAN
Susan Walston, Chief of Staff
III. CITY COUNCIL COMMENTS
IV. REVIEW OF AGENDA ITEMS
v.
INFORMAL SESSION
- Conference Room -
3:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Reverend Ervin M. Scott
Pastor, The First Lynnhaven Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1.
INFORMAL and FORMAL SESSIONS
December 6, 2005
G. AGENDA FOR FORMAL SESSION
H. CITIZEN BRAC COMMITTEE REPORT
Phillip Shucet, Chair
I. PUBLIC COMMENT
1. BRAC/JLUS Elements
J. CONSENT AGENDA
K. ORDINANCES
1. Ordinances to AMEND the City Code:
a. AMEND S S 2-121, 2-122 and 1-123 re the Deferred Compensation Plan and Board
Membership (deferred on November 22, 2005)
b. Deferred Compensation Investment Policy (deferred on November 22, 2005)
c. AMEND Chapter 21 re traffic regulations; REPEAL the entirety thereof,
incorporate certain provisions of Title 46.2, Code of Virginia; and, REORDAIN
certain other provisions.
2. Ordinance to AUTHORIZE the assignment of the Agreement of Purchase and Sale for and
the acquisition of real property in the amount of$5,000,000 from OBFP, Inc., re the Virginia
Aquarium's Animal Care Annex.
3. Ordinances to AUTHORIZE temporary encroachments into the City's rights-of-way:
a. MARY K. and MICHAEL L. SIZEMORE at 2401 Whaler Court re replacement of
a fence (deferred on August 9, 2005) (DISTRICT 5 - L YNNHA VEN)
b. SANDRA CHALMERS MCLAUGHLIN at 109 82nd Street re maintenance of a
fence (DISTRICT 5 - L YNNHA VEN)
c. MICHAEL T. and JENNIFER LYNCH at the rear of2345 Bayville Road on Lake
Joyce re construction of two piers, existing dock and riprap. (DISTRICT 5 -
L YNNHA VEN)
4. Ordinances to ACCEPT and APPROPRIATE:
a. $1,010,000 from the Federal Emergency Management Agency (FEMA) to the Fire
Department's FY 2005-2006 Operating Budget re a deployment related to Hurricane
Wilma.
b. $100,000 from the U.S. Department of Homeland Security (DHS) - Buffer Zone
Protection Program, to the Police Department's FY 2005-2006 Operating Budget re
equipment to effectively combat terrorism.
c. $167,482 to the FY 2005-2006 Operating Budget ofthe Tourism Advertising Program
Fund (TAP) for marketing related activities.
L. PLANNING
1. Application of OCEANA DEVELOPMENT, L.L.c. for a Change of Zoning District
Classification from R-I0 to Conditional 1-1 re a light industrial park at Potters Road and
Viking Drive for office/warehouse uses. (DISTRICT 6 - BEACH)
RECOMMENDATION:
APPROV AL
2. Application of VIRGINIA SEAGULL TRAVEL BUS, INC. for a Conditional Use Permit
re bus terminal at 313 and 329 Kellam Road. (DISTRICT 4 - BA YSIDE)
RECOMMENDATION:
APPROVAL
3. Application of OM NIP OINT COMMUNICATIONS dba T-MOBILE for a Modification
of their PDH Plan re a communications tower at 3097 Magic Hollow Boulevard.
(DISTRICT 6 - BEACH)
RECOMMENDATION:
APPROV AL
M. APPOINTMENTS
BEACHES and WATERWAYS COMMISSION
GOVERNANCE COMMITTEE FOR HISTORIC SITES
HISTORICAL REVIEW BOARD
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
PERSONNEL BOARD (Alternates)
RESORT ADVISORY COMMISSION (RAC)
SHORE DRIVE ADVISORY COMMITTEE
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORAITON (VBCDC)
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
*********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: Virginia Relay Center at
1-800-828-1120
***********
Agenda l2/13/2005gw
www.vbgov.com
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
13 December 2005
Mayor Meyera E. Oberndorf called to order the CITY COUNCIL BRIEFING for the MINORITY
BUSINESS COUNCIL Annual Report in the Council Conference Room, City Hall, on Tuesday, December
13,2005, at 1:00 P.M.
Council Members Present:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Absent:
Richard A. Maddox
[Entered: 1:20 P.M.j
Jim Reeve
[Entered: 1: 1 0 P.M]
Peter W Schmidt
[Entered: 1:43 P.M.j
- 2-
CITY COUNCIL BRIEFING
MINORITY BUSINESS COUNCIL ANNUAL REPORT
1 :00 P.M.
ITEM # 54699
Louisa Strayhorn, Chair - Minority Business Council introduced the members:
Council LiaisonlMBC Members
Councilman Ron Villanueva
City Council Liaison
Louisa Strayhorn
Chair
President - Louisa Strayhorn and Associates
Prescott Sherrod
Vice Chair
President, Chief Executive Officer and owner of PEMCCO, Inc.
William R. Brown, CPA
The Brown Group, LLC
Angelica M. Ceron
Director of Business Development - Precision Measurements, Inc.
Attorney Wanda Cooper
Managing Partner and Co-owner - Bullock and Cooper, P.L.e.
James K. Hill
President and Chief Executive Officer - J. K. Hill & Associates, Inc.
Tim Miller
ACS Systems & Engineering, Inc.
Daniel Pearsall
President and Chief Executive Officer - Performance Assessment Solutions, Inc.
Luis Rivera
Self-employed Real Estate Sales and Public Speaker, Producer of Public Affairs Media
Edwin Tirona
Co-Founder & Chief Executive Officer - Dynamic Systems Integration
John M. Williams
President - Board of Directors - Kingdom Federal Credit Union
Vice President - Williams T. Mercer Foundation
Mr. William Brown and Luis Rivera were unable to be in attendance
December 13, 2005
- 3 -
CITY COUNCIL BRIEFING
MINORITY BUSINESS COUNCIL ANNUAL REPORT
ITEM # 54699 (Continued)
Louisa Strayhorn displayed a film highlighting the Seventh Minority Business Council Conference and
Expo held November 2, 2005, Virginia Beach Convention Center. To date, this Expo has been the most
successful. There were over fifty (50) booths with three hundred fifty (350) attendees. Mrs. Strayhorn
advised Prescott Sherrod will assume the position of Chair on January 2006.
Vice Chair Prescott Sherrod cited the MISSION:
To further the City's economic development and vitality we will:
Advance andfacilitate an environment ofbusiness opportunities
for all people
Focus on increasing expenditures to minority and women-owned
businesses
Smart Goals have been established:
Identify and encourage City agencies and firms projecting the City's
image to fairly reflect Virginia Beach as a City of ethnic and racial
diversity when carryingforward the City's business.
Help achieve and maintain the opportunities for improved Minority
Business participation levels in the procurement process for goods,
services, and construction and housing.
Mr. Sherrod displayed the chart indicating Population Diversity, depicting growth in the City over the past
twenty-three (23) years.
African-America! Asian
Hispanic
53% growth
White
19 % decline
The growth trends depicted demonstrate the importance of continued support by the City to ensure that all
citizens have an opportunity to do business with the City.
Wanda Cooper cited the Major Accomplishments:
Minority Business Council Resolution
City Council Priority
Council Funded two (2) Full Time Positions
Minority Business Council Expansion
Networking Events with Economic Development
Most Successful Minority Business Council EXPO
Liaison to the Virginia Beach Development Authority
Loan Program Evaluation
Improved Minority Business Council Website
Edwin Tirona worked diligently to create the Minority Business Council Website
December 13, 2005
-4-
CITY COUNCIL BRIEFING
MINORITY BUSINESS COUNCIL ANNUAL REPORT
ITEM # 54699 (Continued)
Daniel Pearsall cited the Strategies: Minority Awareness, Outreach Programs, Policy Development, and
Data Collection and Analysis. A goal was established to contact 20% of the minority and women-owned
businesses in Hampton Roads, Virginia, and throughout the United States. This contact was expanded to
forty percent (40%). In partnership with the Economic Development Department, the Minority Business
Council participated in their Annual Economic Development Business Appreciation Golf Classic. The
Minority Business Council continuously reviews policies and data to facilitate small minority and women-
owned business participation. Feedback resulting from this review is used to identifY possible areas of
improvement.
Mr. Prescott reiterated opportunities which emerged to facilitate the effectiveness of minority, women-
owned, small business programs which included the following:
Emerging Opportunities/Solutions
Developing City's own Small Women and Minority Business Database
(SWAM database)
Establish a School Board Liaison, Chairman Dan Edwards advised the
Liaison will be on board effective January 2006.
Consideration of grow American loans to provide capital for this
business section
Provide funding for bonding
Continuous development of the Minority Business Council Website i.e.
on-line vendor application process and establishing a "link" to the
City's bid process
Ms. Strayhorn referenced the example of the Virginia Beach Dollar depicting *2005 payments (Total
S265.4-MILLION). This dollar example equates to 2.0% Minority Business Enterprises and 1.8% Women
Business Enterprises. *These payments are in categories associated with the purchases of goods, services
and construction. Excludes categories such as utilities, debt service, et cetera. Education among the prime
contractors is very important. The Minority Business Council has determined a disparity study is not
necessary.
Councilman Villanueva expressed appreciation to Louisa Strayhorn for her extraordinary and dedicated
efforts, The City Council will be briefed relative proposed Minority Procurement Ordinances.
Ms. Strayhorn extended appreciation to the City Staff who support the Minority Business Council on a
continuous basis:
Patricia Phillips - Director of Finance
William Davis - Purchasing Agent
Jaime Tyler - Assistant City Attorney
John McConnell- Procurement Services Coordinator
Barbara Booker-Williams - Minority Business Coordinator
Loretta Brown - Executive Assistant
December 13, 2005
- 5 -
CITY MANA GER 'S BRIEFING
PUBLIC SAFETY COMPENSATION PLAN
1:35 P.M.
ITEM # 54700
The City Manager advised the Public Safety Compensation Plan was a priority established by City Council
during their August RETREAT Susan Walston, Chief of Staff, and Fagan Stackhouse, Director of Human
Resources, have been working on this plan.
Susan Walston advised Council Members Diezel and Wood are the City Council appointed Liaisons. Key
concerns have been identified: recruitment and retention (public safety employees - specific emphasis re
police sector) and issue of salary compression.
Method of Review - Pay Issues
Established Committees:
Steering Committee - City Manager James K. Spore, Chief of
Staff - Susan Walston, Chief Operating Officer Charles Meyer,
Fagan Stackhouse, Director of Human Resources, Police Chief
Charles Wall, Fire Chief Gregory Cade, Chief Bruce Edwards-
Emergency Medical Services, Catheryn Whitesell - Director,
Management Services and Gwen Cowart, Chief of
Communications and Technology (E-911 center). The charge was
to provide guidance and process.
Technical Review Task Force: provide research, review and
analyze information (comprised of staff within the affected
departments),
Fifty-nine (59) jurisdictions nationally were surveyed. Twenty-seven
(27) localities responded. The majority of these jurisdictions have
separate pay plans for public safety uniform employees; however, they
are consistent in the same annual salary increases. The majority have
salary compression with a relatively small number addressing this
issue. The majority also offer various levels of compensation to
recognize specialized training.
Employee Input (started but not completed)
Four (4) employee groups have met with the Steering Committee
twice to review feedback and share the various options:
Employee Associations - five representing Public Safety,
Public Safety Supervisors
Two (2) non-public safety groups comprised of a cross section
of Supervisors, middle management and city employees.
One-half of the groups supported a separate Public Safety Pay Plan and the other 'half split on this issue.
'Half of the other groups support a Public Safety Pay Plan with the caveat of equitable treatment of all
employees in terms of salary increases, The other 'half of the group was resistant to a separate pay plan
because this would establish a context of inequitable treatment.
December 13, 2005
1--
- 6-
CITY MANAGER'S BRIEFING
PUBLIC SAFETY COMPENSATION PLAN
ITEM # 54700 (Continued)
GAPS/CONCERNS
Recruitment challenges exit for Police Officers, emergency medical
personnel and E911 employees
Retention issues are primarily among SWAT, investigative and
specialized Police personnel. Retention is also an issue for E911
5-year turnover analysis shows that the number of employees leaving
has fluctuated annually while specialized Police Officers leaving for
federal and quasi-federal agencies has increased
Future efforts to moderate horizontal compression will require more
funding
Along with overlappingpay ranges, addressing horizontal compression
has contributed to vertical compression
A comprehensive approach is not being applied to structure and
market increases to prevent horizontal compression from recurring
Further enhancements to total compensation will require review for
sustainability and balance against the overall budget and burden to the
taxpayers
Existing Human Resources/Payroll System is at risk and cannot
accommodate major changes
Moderate changes to the current system delays and diverts dedicated
resources from completing the new system (January 2008)
EMS pay range equity concern
Addressing only public safety employees will raise pay equity concerns
throughout the rest of the organization
ALTERNATIVE COURSES OF ACTION
10-STEP PAY SYSTEM
Each pay range will consist of the pay range minimum and ten
(10) steps to the pay range maximum
Each step represents the employee being in thejob title one (1)
year
Provides a one-time pay increase to supervisors who receive less
pay than their highest paid supervised employees
Structure/pay range adjustments resulting from market will be
provided only when the City can absorb the associated costs
December 13, 2005
- 7-
CITY MANA GER 'S BRIEFING
PUBLIC SAFETY COMPENSATION PLAN
ITEM # 54700 (Continued)
1 O-STEP PAY SYSTEM
Cost
Real Estate
Tax Rate Impact
2.65 cents
.56 cents
Citywide Implementation: $11,927,536
Public Safety only $ 2,516,999
POLICE SUPERVISORS' ASSOCIATION PAY PROPOSAL
Applies only to public safety personnel
Employees are placed on a step with a corresponding salary based on
their overall tenure with the City (years of service)
Significantly increase pay range maximums - 2.1 % to 16% increase for
all, except entry level
Structure/pay range adjustments resulting from market will be
provided only when the City can absorb the associated costs
Cost
Real Estate
Tax Rate Impact
2.90 cents
Public Safety Implementation: $13,041,500
CURRENT SYSTEM ENHANCED
Open range pay plan provides flexibility to City Council in balancing
resource available to support compensation requirements
Features apply to all eligible employees
Horizontal compression based on years in title using a 15-year entry
to top progression plan
Promotion increase of 20%, instead of the current 5% or 10%, when
goingfrom a position that earns overtime to one that does not. Bonuses
for quality career service and educational attainment/specialized
training above the minimum requirements for positions with high
turnover
Vertical compression initially addressed within public safety
Vertical compression would then be reviewed among the remaining
workforce
Cost
$ 4,700,000
Real Estate
Tax Rate Impact
1.04 cents
December 13, 2005
-8-
CITY MANAGER'S BRIEFING
PUBLIC SAFETY COMPENSATION PLAN
ITEM # 54700 (Continued)
CURRENT SYSTEM
Open range pay plan provides flexibility to City Council in balancing
resources available to support compensation requirements
Applies consistently to all employees
Horizontal compression based on years in title using a 15-year entry
to top progression plan
Structure adjustments increase all pay range minimum and maximum
salaries
$ 1,700,00
Real Estate
Tax Rate Impact
.38 cents
Cost
Mrs. Walston referenced the Next Steps:
The following actions will be accomplished to finalize City Council's
request to review public safety pay:
Communicate the four (4) alternatives with the employee input group
Continue to refine the alternatives
Return to City Council in January to provide a full recommendation
Councilman Diezel inquired relative the date in January to provide afull recommendation. Mrs. Walston
advised discussion entailed either January 10, 2006, January 17, 2006 or January 24, 2006. However,
January Seventeenth is only a City Council Workshop. At the last meeting, there was a clear directionfrom
Public Safety that their priority is the Police Supervisors Association Pay Proposal.
Councilman Diezel asked if the Police Supervisors' Association Pay Proposal is fitted within the existing
Pay Plan, would this address the components discussed the past eleven years
Councilman Diezel suggested attempting to see the numbers in the Police Supervisors' Association Proposal
and assumed this is a 15-step plan, each step being a year, Mrs. Walston advised some of the ranges are
shorter than others. Not all the pay ranges of the different ranks are equal. Councilman Diezel advised there
is a starting and ending point with a value for each position listed. With that in mind, Councilman Diezel
requested to see figures within the existing pay plan, and "morph" into a combination of both of these
Plans. A combination of the Police Supervisors' Association Pay Proposal and the Ten-Step Pay System
is probably the preferable method to address the issues immediately and measure the impact of the retention
and recruitment and then review the bonus and other situations as applicable. VRS and Health care issues
must also be kept in mind.
December 13, 2005
-9-
CITY MANA GER'S BRIEFING
PUBLIC SAFETY COMPENSATION PLAN
ITEM # 54700 (Continued)
Mrs, Walston will provide clarity re "phasing-in". A recommendation was not broughtforward, since the
four (4) options were compiled, communication has not been completed with the groups as to their
satisfaction.
Chief Jacocks advised the Police Department is over 10% short of authorized strength on the street. There
are thirty-nine (39) vacancies to date with forty-six (46) in the two (2) academy classes. Also, there are
always afew Police Officers activated on military orders, with a "handful" on limited on "no duty" because
of health or injury reasons. The 1 O-Step Pay System and the Police Supervisors' Association Pay Proposal
most effectively addresses the Police retention and recruiting problems.
Mrs. Walston advised that based on the consumer price index and cost of living elements, the pay ranges
are adjusted annually, which is typically 2%. The current practice has been the pay range is adjusted, but
unless one is below the minimum, the individual does not receive a salary increase but has earningpotential,
When a market survey is completed, a pay range may increase as much as 5%. Only the individuals below
the minimum receive an immediate increase. If an increase were to be given through all position titles, this
would be a significantly higher cost and the staff would have to evaluate the ability to do other things in the
total compensation package. In response to Councilman Villanueva's concern relative the impact of a
hurricane similar to Katrina, Mrs. Walston advised every year increases are contingent upon funding being
available, Compensation increases within the proposed FY 2006-2007 Operating Budget will be additional
costs beyond the base.
Councilman Wood expressed concern relative the January 2008 time frame due to the antiquated Human
Resources Payroll system. Some of the core issues of equity and predictability need to be addressed.
Councilman Wood suggested combining the better elements of some of the plans to provide solutions well
before January 2008. Councilman Wood suggested more emphasis on career enhancements in order to
incite individuals to receive more specialized training.
Council Lady McClanan advised a plan should be created to address the concerns and not list all the
reasons the pay proposals cannot be initiated. All employees need to be aware of this issue. The City
Manager advised any of the options could resolve the compression issue, even with the current system, if the
City Council wishes to fund the market adjustments when these occur rather than range increases. The issue
has been one of economics and balancing the interest of the employees with the interest of the taxpayers,
Councilman Diezel advised retention and morale issues are not necessarily driven by money, but by the
working environment.
Gwen Cowart, Director - Communications and Information Technology, advised the current payroll system
was written in-house in 1989. Some of the options suggested were to move to a step program. This step
program ended in 1996. The new project initially came before City Council in 1989, as a Joint City/School
initiative, After a joint Request for Funds, the Virginia Beach Schools selected the Lawson Payroll System.
Schools implemented this system in 2001 completion in 2005. However, this application did not meet the
needs of the City being more tailored to a public school system. A separate Payroll project for the City was
scheduled for City Council 2001. Funding was not available and this project was placed in the Capital
Improvement Program for 2010. Last year, the City Council approved this project for funding. This system
is an 18-month project to install the core Human Resources Payroll, which IS necessary to meet planned
adjustments. The project for installation of other components would involve a longer length of time.
The City Manager advised it would entail $J.4-MILLION to eliminate horizontal compression.
December 13, 2005
- 10-
CITY CO UNCIL COMMENTS AND LIAISON REPOR TS
2:53 P.M.
ITEM # 54701
Councilman Villanueva referenced the numerous school bus accidents and inquired if there is any report
by the Virginia Beach School Board.
Mayor Oberndorf and Vice Mayor Jones met with the Virginia Beach School Board re funding. Mayor
Oberndorf referenced when problems occur, the Navy conducts a "stand down" bringing all affected
individuals in for a day or two of training. Chairman Dan Edwards advised the School Board has safety
training scheduled for January. Some of the accidents were not the result of mistakes by the School Bus
drivers. Mayor Oberndorf suggested adult supervisors ride on the individual school buses to assure the
conduct of students and allow the driver to concentrate on driving the bus,
ITEM # 54702
Councilman Reeve announced the Princess Anne Town Hall Meeting is scheduledfor December 19,2005,
Building 19 (Human Resources Training Center), 7:00 P.M - 9:00 P.M.. Councilman Reeve is willing to stay
longer if the citizens need more time. This Town Hall Meeting will encompass a variety of subjects.
Members of the various City departments will be in attendance. This Town Hall Meeting announcement was
included in the City Page.
ITEM # 54703
Mayor Oberndorf, Council Members Reeve and Schmidt are Liaisons to the Open Space Program.
Councilman Reeve distributed the report:
Present Status
Virginia Beach Outdoor Plan 2002 Updated, adopted by City Council in February 2001,
is the current guidance document for open space and recreational planning.
The Open Space Subcommittee (OSS) of Parks and Recreation appointed by City Council
to oversee the open space acquisition process, recommend sites andfundingfor acquisition
The Open Space Subcommittee was appointed in June 2001 for a three-year term,
reappointed in June 2004 an May 2007 and meets monthly. Staffsupport is provided by the
Department of Parks and Recreation
Thirteen (13) sites equaling 1,668 acres were acquired since 2000 under the Open Space
Program, Site Acquisition Capital Improvement Program (CIP)
Stumpy Lake Natural Area is largest acquisition to-date (June 2001) (1,500 acres)
Pleasure House Lake (4.6 acres), acquired through condemnation, is the most recent
acquisition site which occurred in April 2005.
December 13, 2005
- 11 -
CITY COUNCIL COMMENTS AND LIAISON REPOR TS
ITEM # 54703 (Continued)
As of November 30, 2005, there is a net $20.9-MILLION Open Space Program
unspent/unreserved appropriations
Minus $7-MILLION "reserved" for 80 acres of open space sites,
currently in due diligence phase of acquisition
$13.9-MILLION is available for future acquisitions after the current
reserved funds are considered
$2. 74-MILLION of $13.9-MILLION for Agricultural Reserve Program eligible areas:
Parks and Recreation is undertaking long-term City -wide strategic planning process,
which began in December 2004 to identify indoor and outdoor recreational needs, goals
and implementation strategies.
Near-future actions
The Open Space Subcommittee and Councilman Reeve recommended a proactive approach to determine
additional open space needs, critical acquisition sites and the involvement of stakeholders and citizens.
Use Geographic Information Systems to map existing undeveloped
land and identify existing and planned community resources by
planning area
Invite civic organization officers in each planning area to provide
their input on open space needs and critical acquisition sites. Nine (9)
community involvement workshops were held for Bayfront, Bayside,
Courthouse/Sandbridge and Pungo/Blackwater, Holland, Kempsville,
Little Neck, Great Neck and Oceanfront Planning Areas from
February to October 2005.
Next steps: Evaluate and summarize qualitative open space and
outdoor recreational recommendations from the 2005 community
involvement workshops; update current park and open space
standards; create objective equity/service area mapping for each
outdoor park, recreation land and facility; and, incorporate the
above-mentioned information and future open space and outdoor
recreational recommendations as part of the 2006 Virginia Beach
Outdoors Plan update
Unresolved Issues/Issues under study
A long-term funding source/dedicated taxfor the Open Space Program has been discussed
by City Council and is currently being evaluated for consideration in the FY 2006-08
Biennial Resource Management Plan,
December 13, 2005
- 12-
AGENDA RE VIE W SESSION
3:02 P.M.
ITEM # 54704
K1. Ordinances to AMEND the City Code:
a. AMEND 99 2-121, 2-122 and 1-123 re the Deferred
Compensation Plan and Board Membership (deferred
on November 22, 2005)
b. Deferred Compensation Investment Policy (deferred on
November 22, 2005)
Council Lady McClanan had requested this item be DEFERRED for amendment. Council Lady McClanan
had suggested a more diversified representation on the Deferred Compensation Board. Council Lady
McClanan suggested the City Council appoint one (1) Council Member, one (1) member from the Sheriff's
Office and one (1) School representative,
This item shall be discussed during the Formal Session.
Patricia Phillips, Director of Finance, advised the Virginia Beach School System currently has a non-voting
member on the Board. Currently the assets of the school system are very small. A Memorandum of
Understanding currently exists with the Schools. The Sheriff's department has their own Board which
determines the contributions for their employees.
ITEM # 54705
BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA:
ORDINANCES
K1, Ordinance to AMEND the City Code:
c. AMEND Chapter 21 re traffic regulations;
REPEAL the entirety thereof, incorporate certain
provisions of Title 46.2, Code of Virginia; and,
REORDAIN certain other provisions.
K2. Ordinance to AUTHORIZE the assignment of the
Agreement of Purchase and Sale for and the acquisition of
real property in the amount of $5,000,000 from OBFP,
Inc., re the Virginia Aquarium's Animal Care Annex.
K3. Ordinances to AUTHORIZE temporary encroachments
into the City's rights-ofway:
a, MARY K. and MICHAEL L. SIZEMORE at 2401
Whaler Court re replacement of a fence (deferred
on August 9, 2005) (DISTRICT 5 - L YNNHA VEN)
b. SANDRA CHALMERS MCLAUGHLIN at 109
82nd Street re maintenance of a fence (DISTRICT 5
- LYNNHA VEN)
December 13, 2005
- 13-
AGE N DA REV IE W S E S S ION
ITEM # 54705 (Continued)
c. MICHAEL T. and JENNIFER LYNCH at the rear
of 2345 Bayville Road on Lake Joyce re
construction of two piers, existing dock and ripra[r.
(illSTRiCT 5 LYMV;L-4.VENj (DISTRICT 4 -
BAYSIDE)
K 4. Ordinances to ACCEPT and APPROPRIATE:
a. $1,010,000 from the Federal Emergency
Management Agency (FEMA) to the Fire
Department's FY 2005-2006 Operating Budget re
a deployment related to Hurricane Wilma.
b. $100,000 from the u.s. Department of Homeland
Security (DHS) - Buffer Zone Protection Program,
to the Police Department's FY 2005-2006
Operating Budget re equipment to effectively
combat terrorism.
c. $167,482 to the FY 2005-2006 Operating Budget of
the Tourism Advertising Program Fund (TAP) for
marketing related activities.
December 13, 2005
- 14 -
AGE N DA REV I E W S E S S ION
ITEM # 54706
BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA:
L.1. Application of OCEAN A DEVELOPMENT, L.L. C. for a
Chanfle of Zoninfl District Classification from R-I0 to
Conditional I-I re a light industrial park at Potters Road
and Viking Drive for office/warehouse uses. (DISTRICT
6 - BEACH)
L.2, Application of VIRGINIA SEAGULL TRA VEL BUS,
INC. for a Conditional Use Permit re bus terminal at 313
and 329 Kellam Road. (DISTRICT 4 -BAYSIDE)
L.3. Application of OM NIP OINT COMMUNICATIONS dba
T-MOBILE for a Modification of their PDH Plan re a
communications tower at 3097 Magic Hollow
Boulevard. (DISTRiCT 6 - BEACH)
Council Lady McClanan shall vote a VERBAL NAY on Item L.1. (Ocean a Development) and Item L.3.
(Omnipoint Communications)
December 13, 2005
- 15 -
ITEM # 54707
Mayor Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant
to Section 2.1-344(A), Code of Virginia, as amended,for thefollowingpurpose:
PERSONNEL MA TTERS: Discussion, consideration or interviews of prospective
candidates for employment, assignment, appointment, promotion, performance,
demotion, salaries, disciplining or resignation of specific public officers, appointees
or employees pursuant to Section 2,2-3711 (A) (1).
To Wit: Appointments: Boards and Commissions:
Beaches and Waterways Commission
Governance Committee for Historic Sites
Hampton Roads Economic Development Alliance
Historical Review Board
Investment Partnership Advisory Committee- PPEA
Personnel Board (Alternates)
Resort Advisory Commission (RAC)
Shore Drive Advisory Committee
Virginia Beach Community Development Corporation (VBCDC)
Evaluation of Council Appointees
PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition,
acquisition, or use of real property 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 property owned or desirable for ownership by such institution pursuant
to Section 2.2-3711 (A)(3).
Princess Anne District
PUBLIC CONTRACT: Discussion of the award of a public contract involving the
expenditure of public funds, and discussion of the terms of scope of such contract,
where discussion in an open session would adversely affect the bargaining position
or negotiating strategy of the public body. pursuant to Section 2.2-3711 (A)(30)
Military Liaison
LEGAL MA TTERS: Consultation with legal counselor briefings by staff members,
consultants, or attorneys pertaining to actual or probable litigation, or other specific
legal matters requiring the provision of legal advice by counsel pursuant to Section
2.2-3711 (A)(7) ,
BRA C Issues
Upon motion by Councilman Schmidt, seconded by Councilman Dyer, City Council voted to proceed
into CLOSED SESSION (3:21 P.M.).
December 13, 2005
- 16-
ITEM # 54707 (Continued)
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt,
Ron A. Villanueva, James 1. Wood and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
(Closed Session: 3:21 P.M. - 5:50 P.M.)
(Break: 3:25 P.M. - 3:30 P. M).
December 13, 2005
- 17-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
December 13,2005
6:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 13, 2005, at 6:00 P.M.
Council Members Present:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Absent:
None
INVOCATION: Reverend John Haynes
The First Lynnhaven Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman
and Company and is directly and indirectly involved in many of Goodman and Company's transactions.
However, due to the size of Goodman and Company and the volume of transactions it handles in any given
year, Goodman and Company has an interest in numerous matters in which her husband is not personally
involved and of which she does not have personal knowledge. In order to ensure her compliance with both
the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to
thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters
in which she might have an actual or potential conflict. If, during her review she identifies any matters, she
will prepare andfile the appropriate disclosure letter to be recorded in the official records of City Council.
Council Lady Wilson regularly makes this disclosure, Council Lady Wilson's letter of January 27,2004, is
hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker
Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of
transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not
personally involved and of which she does not have personal knowledge, In order to ensure her compliance
with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her
practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any
matters in which she might have an actual or potential conflict. If, during her review she identifies any
matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of
City Council. Council Lady Wilson regularly makes ths disclosure. Council Lady Wilson's letter of January
27, 2004, is hereby made a part of the record.
December 13, 2005
- 18-
Item V-E.
CERTIFICATION OF
CLOSED SESSION
ITEM# 54708
Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council,
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter
W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 13, 2005
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 54707, page 15, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2,2-3711 (A) of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
~~sz1--=-
th Hodges Smith, MMC
City Clerk
December 13, 2005
- 19-
Item V-F.l.
MINUTES
ITEM #54709
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of December 6, 2005.
Voting: 11-0
Council Members Voting Aye:
Harry E, Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter
W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 13, 2005
- 20-
Item V-G.
ADOPTAGENDA
FOR FORMAL SESSION
ITEM #54710
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
December 13, 2005
- 21 -
Item V-H.
CITIZEN BRAC COMMITTEE REPORT
ITEM #54711
Phillip Shucet, Chair - Citizen BRAC Committee, presented the Committee's report. Twenty-four (24)
citizens, from diverse backgrounds with varying opinions, were appointed by City Council in October to
assure that all relevant information and factors would be considered as the City developed a Compliance
Plan for responding to the BRAC order.
The Charge
Review and monitor the work of the technical workgroups established by the
City Manager by being briefed at regular intervals by City staff and consultants
assigned to the technical workgroups
Serve as a "sounding board" and focus group for the technical workgroups
Assist with the public communication process by convening public forums for
the technical workgroups to share the status of their work and findings with
citizens and to gather citizen feedback
Serve as a conduit for public input to the analysis process
Meeting the Charge
The Citizen BRAC Committee questioned assumptions, raised questions and
provided feedback
Participated in a focus group to identifY committee member issues and
questions
Held five (5) full committee meetings, open to the public, with public input at
each
Sponsored three (3) public forums attended by nearly two hundred fifteen (215)
citizens.
Collected over one thousand (1,000) public comments and suggestions
Monitored the development of the Economic Impact Analysis
Reviewed the land use and zoning options
Reviewed the JL US/BRA C Elements presented to City Council on December 6,2005
Results
The Citizen BRAC Committee strongly endorses the BRAC/JLUS elements
presented to City Council on December 6, 2005, and encourages City Council
to carefully weigh four (4) areas of special concern:
Provide equitable compensation for lost property rights
IdentifY funding sources - both local and state, as well as federal
Review current definitions of "compatible use" in APZ-1
Take definitive action to establish a methodfor long-range planning on
the future of NAS Oceana with active participation from the Navy
December 13, 2005
- 22-
Item V-I.
ITEM #54712
Mayor Oberndorfwelcomed PUBLIC COMMENT:
BRA C/JL US Elements
The following registered to speak:
Glenn R. Davis, represented COMVERGE, Virginia Beach Business Council, Cell: 343-0387, email:
zlenn(QJ,comverze.us, supported the Compromise Plan
Joe Ferrara, 209 Che/tenham Drive, Phone: 572-9236, representing residents ofCheltenham Square,
Nottingham Estates and Gatewood Park, advised the plan needed to add an additional residential
property category to the two (2) existing residential categories of developed and undeveloped (an
underdeveloped category for the residential) and spell out a compensation package with a sunset provision
for those residents affected
Ron Banzi, 444 North Adventure Trail, Phone: 340-7581, Member - Citizen BRAC Committee, expressed
concerns re developer knowledge on Potters Road and eminent domain truly being "off the table"
Billy Almond, Chairman - Resort Advisory Commission, 209 709th Street, Phone: 422-9522, requested the
City retain a National Urban and Design Firm and to formally master a plan for the Resort in 2006.
Robert C. Goodman, Jr. President-Elect, Virginia Beach Visions, supported the Virginia Beach plan to
retain NAS Oceana, Suite 202, 5101 Cleveland Street, Phone: 499-7003
David Gracie, 2532 South Adventure Trail, Phone: 486-8341, advised legislation is not complete and
owners of underdeveloped property in the APZ1 area need to have their concerns addressed
Barbara Yates, 318 24th Street, Suite #4, Phone: 428-8052, President of Resort Beach Civic League,
spoke in support of the Old Beach Overlay Ordinance
Dr, Robert E. Young, 661, Fort Raleigh Drive, Phone: 428-4758, opposed and suggested converting
NAS Oceana 's 6,000 acres into sustainable industries
Sam Reid, 1533 Virginia Beach Boulevard, Phone: 437-5648, Member of Citizen BRAC Committee,
requested language be inserted within the Plan to compensate the landowners of duplexes and substandard
lots, Mr. Reid distributed a graph depictingforty-four (44) substandard lots
Rod Bradham, 184 Business Park Drive, Phone: 473-9700, represented Hampton Roads Realtors
Association comprised of over 3500 Realtors in Hampton Roads, Mr. Bradham concurred with remarks
of Mr. Reid.
Daniel Baxter, President - CCO, concurred with the three (3) premises of the presentation. Mr. Baxter
suggested an oversight or Appeals Board to address any compensation issues and a permanent council
re military facilities be formed to deal with other military organizations seeking realignment
Attorney Edward Bourdon, supported Mr. Baxter's idea of oversight. The complex dilemma posed to the
City by the Navy's unprecedented and reckless action in changing the OPNA V / A/CUZ compatibility table,
without study or communicating with the City, coupled with BRAC's demands, were and remain daunting
dilemmas. The citizens must be treated equitably.
John Oliveri, President - Tidewater Builders Association, Phone: 417-0641, unanimously voted to
support the City's proposed course of action in response to BRA C.
Kenny Golden, 3425 Montgomery Place, Phone: 463-4988, resident of Little Neck, retired Commanding
Officer and 31-year Navy veteran. The Master Jet Base should not be relocated. He supports the City's
plan.
Earl Jelke, 749 Queens Way, Phone: 437-0773, supports retention of the Master Jet Base
Bonnie Moore, 1569 Galvani Drive, Phone: 721-9391, supports retention of the Master Jet Base
Sue Theofanidis, 2409 Strawflower Court, Phone: 427-0769, supports retention of the Master Jet Base
Sara Marcum, 1083 Hanson Way, Phone: 630-1815, supports retention of the Master Jet Base
Dawn McCollough, 1743 Ocean Bay Drive, Phone: 721-6362, supports retention ofNAS Oceana
December 13, 2005
- 23-
Item V-I.
ITEM #54712 (Continued)
Gary Kennedy, 2420 Hunts Neck Trail, Phone; 754-4008, supports retention ofNAS Oceana
Don Celec, 2924 Lynnhaven Drive, Member of the Board of the American Logistics Association (Trade
Associationfor the Military Chain System and the Commissary System), Phone: 481-3944, supports the
City's recommendations and retention of NAS Oceana,
Gene Meekins, 112 Indian Avenue, Phone: (cell) 342-9100, and daughter, Jessica Meekings, Lakeside
Drive, Phone: 477-4508,endorses the report to BRAe. However, he referenced ownership of two (2) lots
on Laskin Road, comprised of a car wash, muffler shop and a paint store. When these leases expire, Mr,
Meekins and his daughter wish to merge these lots and build an office or retail complex. Mr. Meekins
expressed concern relative the loss of this property investment. The City staff shall confer with Mr. Meekins
Virginia Lockett, 204-55th Street, Phone: 491-0181, advised NAS Oceana could be utilizedfor industries,
alternative energy and transportation
Tracy Clark, 2224 London Street, Phone: 340-5046, registered in Opposition, resident of Gatewood Park
(directly west of the Oceana Airfield). Mrs. Clark expressed concern relative rezoning of her property
from R5D to single family zoning (I 5, 000 square piece of property without a written compensation package
for her zoning rights). Mrs, Clark is a lifelong resident of Virginia Beach
Alan K. Little, 1634 Cutty Sark Road, Phone: 486-1000, member of the Citizen BRA C Committee supports
the City's plan
Ramon W Breeden, 560 Lynnhaven Parkway, Phone: 486-1000, spoke in support of the City's plan and
saving Oceana
Matthew Hutchinson, Phone: 472-2235, purchaser of two (2) commercial properties on Virginia Beach
Boulevard in the APZ 1 zone, expressed concern relative his property.
December 13, 2005
- 24-
Item V-K.
ORDINANCES
ITEM # 54713
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN
ONE MOTION Items 1c, 2, 3alble, and 4alble of the CONSENT AGENDA.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter
W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 13, 2005
- 25 -
Item V-K.l.aJb
ORDINANCES
ITEM # 54714
Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinances to AMEND the City Code:
AS AMENDED*:
a. AMEND 99 2-121, 2-122 and 1-123 re the Deferred
Compensation Plan and Board Membership (deferred on
November 22,2005)
The City Council shall appoint * to the Deferred Compensation Board:
One (1) Council Member (Reba S. McClanan, Rose Hall- District 3)
One (1) member from the Sheriff's Office
One (1) School representative.
b. Deferred Compensation Investment Policy (deferred on
November 22,2005)
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan. RichardA. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter
W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 13, 2005
1 AN ORDINANCE TO AMEND THE CITY CODE
2 REGARDING THE DEFERRED COMPENSATION
3 PLAN AND BOARD MEMBERSHIP
4 SECTIONS AMENDED: ~~ 2-121, 2-122, AND 2-123.
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That Sections 2-121, 2-122, and 2-123 of the City Code are
8 hereby amended and reordained, to read as follows:
9 2-121. Plan Established.
10 Pursuant to the Government Employees Deferred Compensation
11 Act, section 51-111.67:14 et seq. of the Code of Virginia, 1950, as
12 amended, the city hereby adopts and establishes a plan of deferred
13 compensation for its employees dated the twenty-third day of March,
14 1981. The purpose of the plan shall be to provide for the deferral
15 of compensation to the participants. The plan shall exist in
16 addition to all other retirement, pension or other benefit systems
17 available to the participants, and shall not supersede, make
18 inoperative or reduce any benefits provided by any other
19 retirement, pension or benefit program established by law.
20
On behalf of the employer, the city manager is hereby
21 authorized and directed to execute and deliver the plan to the plan
22 administrator. The plan shall contain such terms and amendments as
23 the city council may from time to time approve. The City Council
24
shall adopt a deferred compensation investment policy.
The City
25 Council shall review the investment policy no less than every two
1
26 years.
27 2-122. Board-Established.
28 There is hereby created a deferred compensation board,
29 consisting of city employees, to be ~ppointed by the city m~n~ger
30 ~nd to be confirmed by the city council ~nd to oerJe ~t their
31 ple~oure. The City Council hereby appoints the Director of
32 Finance, the Director of Human Resources, the Employee Relations
33 Manager, and the Payroll Administrator to the board. The City
34 Council will appoint one (1) Councilmember and one (1) member from
35 the Sheriff's Office and one (1) member from Schools. The City
36 Manager may appoint up to three (3) additional board members from
37 the deferred compensation plan participants. The board members
38 appointed by the City Manager shall serve terms of three years from
39 the date of appointment. Notwithstanding the previous sentence, all
40 members of the deferred compensation board shall serve at the
41 pleasure of the City Council. The terms of the members of the
42 deferred compensation board shall not be limited by the
43 restrictions of City Code 5 2-3.
44 2-123. Same- Powers.
45 The deferred compensation board is hereby granted the power to
46 do all things by way of supervision, administration and
47 implementation of a plan of deferred compensation, including but
48 not limited to the power to contract with private corporations or
49 institutions for service in connection therewith; however, nothing
2
50 contained in this section shall be construed to authorize the
51 deferred compensation board to act beyond the limits of the plan.
52 The deferred compensation board shall administer the
53 investment policy in accordance with the terms of the investment
54 policy and prudent fiduciary standards. The deferred compensation
55 board shall have the authority to add and delete funds from the
56 investment policy in accordance with the investment policy adopted
57 by City Council.
58 Adopted by the City Council of the City of Virginia Beach,
59 Virginia, on this 13th day of December, 2005.
3
1
2
A RESOLUTION APPROVING A DEFERREED
COMPENSATION INVESTMENT POLICY
3
WHEREAS, the City of Virginia Beach established a plan of
4 deferred compensation for its employees on March 23, 1981; and
5
WHEREAS, the purpose of the plan is to provide for the
6 deferral of compensation to the participants of the plan; and
7
WHEREAS, assets in the City's deferred compensation plan
8 total $113 million; and
9
WHEREAS, it is important that these assets be invested in
10
accordance
with
current
fiduciary
responsibilities
and
11 practices; and
12
WHEREAS, the deferred compensation board has recommended
13 the adoption of a formal Investment Policy which establishes
14 performance standards based on financial composites and ratings,
15 expands investment options to include maj or asset classes, and
16 establishes a Fund Complex Corporate Rating.
17
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
18 OF VIRGINIA BEACH, VIRGINIA:
19
That the accompanying City of Virginia Beach Deferred
20 Compensation Plan Investment Policy Statement is hereby adopted.
21 Adopted by the Council of the City of Virginia Beach,
22
Virginia on the 13th
day of December 2005.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~tIL~UQj~
Department of Finance
Jalfw ( [ J!f.UA.
City Attorney's Office
CA9799
H:\PA\GG\OrdRes\Deferred Comp RES
R-2
November 10, 2005
CITY OF VIRGINIA BEACH DEFERRED COMPENSATION PLAN
INVESTMENT POLICY STATEMENT
PURPOSE:
This Investment Policy Statement ("Policy Statement") sets forth the goals and objectives of the
investment options available under the City of Virginia Beach Deferred Compensation Plan (the
"Plan"). The purpose of this Policy Statement is to guide the Plan Board of Directors (the
"Board") in effectively supervising, monitoring, and managing the investment options available
under the Plan. This Policy Statement is designed to allow for sufficient flexibility in the
management oversight process, while also setting forth reasonable parameters to promote the
exercise of reasonable prudence and care with respect to the investment options available under
the Plan. This Policy Statement provides a framework for the selection of investment options, a
procedure for the ongoing evaluation of the investment options available under the Plan, and
guidelines for terminating and replacing any available investment option(s).
BACKGROUND:
The Plan was established by City of Virginia Beach code Ord. No. 1156, gg 1--3, adopted March
23, 1981, Division 2.5, gg 2-121--2-123,* and is administered by the Board and is intended to
qualify as a Section 457 defined contribution plan. The Plan is intended to provide eligible
employees with a means to save monies on a tax-advantaged basis in order to assist the employee
in reaching his/her retirement goals. The Plan allows each eligible employee to direct how
contributions made to his or her Plan account are invested among a diverse menu of investment
options selected by the Board.
The Board shall choose which investment options shall be available under the Plan and shall
monitor the investment options' compliance with this Policy Statement.
The Board and the Recordkeeper do not provide investment advice to any participant or assist
any participant in deciding how to allocate contributions to the participants' plan accounts. No
fiduciary shall be responsible for any financial loss that may be incurred by any participant
because of the participant's investment direction or because of any action taken in accordance
with the participant's investment direction.
INVESTMENT OPTION SELECTION:
The Board recognizes that there is investment risk inherent in all investment options.
Furthermore, the Board recognizes that individual participants each have their own level of risk
tolerance. The Board shall, therefore, select a broad array of investment options providing
different levels of risk and historical return. To this end, the Board shall select investment
options based upon the following criteria:
*Now found under Va. Code S 51.1-600 et seq.
City of Virginia Beach Deferred Compensation Plan Investment Policy 10/05
Original adoption: June 2, 1999
Revision: October 31, 2005
CITY OF VIRGINIA BEACH DEFERRED COMPENSATION PLAN
INVESTMENT POLICY STATEMENT
1. Selected investment options shall represent the major asset classes. For purposes of this
Policy Statement, the following major asset classes will be used, at a minimum, as defined by
Morningstar@ (an independent fund evaluation company):
a. International: Foreign Stock;
b. U.S. Small-Cap Equity;
c. U.S. Mid-Cap Equity;
d. U.S. Large-Cap Equity (active and passive management);
e. Balanced! Asset allocation funds; and
f. Fixed Income/Stable Value.
g. Bond mutual fund - government or corporate, domestic or international, active or
passive management.
2. From funds in the domestic equity asset classes identified above in 1 (b), 1 (c) and 1 (d), the
Board will attempt to choose investment options with contrasting stock selection styles. The
Board will attempt to choose investment options that tend to purchase both "value" stocks
(stocks that are purchased because the fund manager believes the stock is under valued)
and!or "growth" stocks (stocks of companies who have shown accelerated earnings).
3. The Board shall select investment options based upon administrative, pricing, historical
performance, management style, and other mutually agreeable criteria in cooperation with
the Plan's recordkeeper.
4. The expense ratio of the investment options must be competitive with other investment
options with similar objectives as measured by the applicable Morningstar@ Category
average and one other rating agency. The Board will consider higher expense ratios,
however, for funds that have proven to outperform other funds (net of fees) with similar
objectives on a long-term basis.
5. Wherever practicable, the Board will choose investment options that are offered by
companies that have a reputation as being among the industry's leaders.
6. The selected investment options shall have at least three years of investment history.
Furthermore, the Board will attempt to choose investment options where the investment
manager exhibits style (i.e. growth, or value, large cap or small cap) consistency over at least
a three-year period. Lastly, the specific fund manager shall have managed the fund for at
least two years.
In accordance with the above criteria, the Board shall choose investment options that have
consistently outperformed their peer groups on both a total return and risk-adjusted basis.
City of Virginia Beach Deferred Compensation Plan Investment Policy 10/05
Original adoption: June 2, 1999
Revision: October 31, 2005
2
CITY OF VIRGINIA BEACH DEFERRED COMPENSATION PLAN
INVESTMENT POLICY STATEMENT
INVESTMENT OPTION PERFORMANCE STANDARDS:
The Board shall review each of the selected investment options at least annually to evaluate the
investment option's performance. The Board may utilize a consultant and/or recordkeeper to
assist in the evaluation process. The investment option review shall be objective, fair and shall
incorporate statistical analysis provided by an independent third party. The Board shall utilize the
following performance benchmarks:
1, Actively Managed Funds: Each Fund shall be benchmarked against its respective peer
group as determined by the Morningstar@ Category. The Morningstar@ Category identifies
funds based on their actual investment styles as measured by the underlying portfolio
holdings over the trailing 36-month period.
. Return Composite: The Return Composite measures the fund's performance relative to
its peer group on a net-of-fee basis. It is calculated by taking the equally weighted
average of the 3,5 and 10 year return percentiles.
. Sharpe Composite: The Sharpe Composite measures the fund's risk-adjusted
performance relative to its peer group. It is calculated by taking the equally weighted
average of the 3 and 5 year Sharpe percentiles.
. Overall Composite: The average of the Return Composite and the Sharpe Composite
determines the Overall Composite where an Overall Composite above the 66.67%
percentile is considered above benchmark.
. Morningstar@ Ratings: The Morningstar@ Rating is a quantitative measure of risk-
adjusted returns. This rating shows how well a fund has balanced risk and return relative
to other funds in the same Morningstar@ Category. The Morningstar@ Rating is
calculated over a 3, 5 and 10 year time period on a 1 through 5 scale. A 3, 4 or 5 rating is
considered above benchmark, while a 1 or 2 rating is considered "Below Benchmark."
. Overall Rating: The below matrix combines the Overall Composite with the
Morningstar@ Rating to determine if a fund is Above Benchmark, Neutral or Below
Benchmark for the most recent quarter-end time period.
Overall Composite Morningstar@ Overall Rating
Rating
> 66.67% AND 3, 4 or 5 Above Benchmark
>= 50.0% AND 3, 4 or 5 Neutral Rating
< 50.0% OR lor 2 Below Benchmark
City of Virginia Beach Deferred Compensation Plan Investment Policy 10/05
Original adoption: June 2, 1999
Revision: October 31, 2005
3
CITY OF VIRGINIA BEACH DEFERRED COMPENSATION PLAN
INVESTMENT POLICY STATEMENT
. Long- Term Rolling Analysis
To assess the long-term consistency of fund performance, the previous 12 quarters are examined
based on the accumulated Overall Ratings:
Consecutive Quarters
Below Benchmark
< 4 Quarters
>= 4 Quarters
AND
OR
Quarters Below out of
trailin 12
<7
Long- Term Rolling
Anal sis
Pass
>= 7 Quarters
Fail
2. Passively Managed Variable Funds (Index Funds): The Index Fund will track its
respective index within a 25 basis point range, gross-of- fees, as measured on an annual basis.
This tracking-error range shall be adjusted upward for International and Extended US Market
Index funds.
3. Fixed Income Fund (Stable Value Fund): The Fixed Income Fund shall continue to
provide participants with book value accounting and allow participants to make transfers
without restriction. The Fixed Income Fund's issuer shall be rated among the top three
ratings of at least two of the rating services (S&P, Moody's, Duff & Phelps, Best's).
The Board recognizes that Investment Manager's performance can move in cycles over time and
that investment option performance will not always be superior. As such, the Board will
generally monitor selected investment option performance on a periodic basis, but not less
frequently than annually. The Board will give fund managers sufficient time to remedy any
underperformance before the investment option is deleted from the available investment option
array available under the Plan.
While the primary analysis of the investment option will be quantitative, the Board reserves the
right to make decisions regarding the investment option based upon other criteria that it believes
will be in the best interest of the Plan and the participants.
Within the guidelines set forth above, the Board will evaluate investment options with the
assistance of the consultant or Recordkeeper. Investment options that do not perform at or above
their respective benchmark will be subject to the Plans' policies regarding underperforming
investment options.
UNDERPERFORMING INVESTMENT OPTIONS:
The Board shall take the following steps in the event that an investment option is rated "Below
Benchmark" for the current quarter or that "Fail" the Long-Term Rating criterion:
City of Virginia Beach Deferred Compensation Plan Investment Policy 10/05
Original adoption: June 2, 1999
Revision: October 31,2005
4
CITY OF VIRGINIA BEACH DEFERRED COMPENSATION PLAN
INVESTMENT POLICY STATEMENT
1. If the Board determines that an investment option is rated Below Benchmark for the current
quarter, then the investment option shall be placed on a "watch list." While an investment
option is on "watch," no action will be taken to terminate and replace the investment option.
The fund manager will be informed, and additional information will be gathered as to why
the investment option is under performing. The Board may invite the fund manager to meet
and explain the investment option's performance.
2. Should an investment option that was on the "watch list" subsequently exceed its
benchmarks, it will be taken off the "watch list" and the investment option will again be in
"good standing." If the investment option's performance continues "Below Benchmark" for
four consecutive quarters or seven out of the trailing twelve, then the investment option has
"Failed" the Long-Term Rating. The Board may notify participants of the failure and the
investment option that failed its benchmarks may be closed to new contributions.
Additionally, the Board may choose to select a new investment option in the same asset
class. The Board, in its discretion, may also choose to terminate the investment option that
failed its benchmarks and transfer its assets or designate an existing or new investment option
to receive the assets from the investment option that failed its benchmarks. To the extent
practical, these investment option deletions will only occur once per calendar year.
OTHER CONSIDERATIONS:
The Board, in its discretion, may conduct informal reviews and evaluations of an investment
option at any time. The Board may place an investment option under formal review, or
immediately terminate an investment option for any reason, including, but not limited to, the
following:
1. The investment option has changed managers, or such a change appears
imminent;
2. The investment option has had a significant change in ownership or control;
3. The investment option has changed its investment mandate or has experienced
style drift, departing from the investment objectives or parameters in its
prospectus;
4. The investment option has experienced substantial portfolio turnover;
5. The investment option has violated a SEC rule or regulation;
6. The investment option has experienced difficulty in transacting trades, fund
transfers, or pricing;
7. The investment option has experienced other changes or problems in its
procedures, operations, investing, reporting, or lack of employee participation,
which in the Board's view, has or could detract from the objectives of the Plan; or
8. Any other circumstance regarding the investment option that the Board
determines is in conflict with this Policy Statement.
9. Recognizing that retaining a fund or fund complex that has been involved in a
scandal process may be detrimental to the marketing of the Plan to participants
City of Virginia Beach Deferred Compensation Plan Investment Policy 10/05 5
Original adoption: June 2, 1999
Revision: October 31, 2005
CITY OF VIRGINIA BEACH DEFERRED COMPENSATION PLAN
INVESTMENT POLICY STATEMENT
this criteria allows the Board to delete funds or entire fund complexes depending
on their involvement in a scandal or regulatory violation. The Board shall
establish a rating for each mutual fund complex offered in the Plan to be called
the Fund Complex Corporate Rating. Levels Red, Yellow, and Green will be
determined. These ratings will be incorporated in the Fund Performance Report.
The Fund Complex Corporate Ratings will be determined periodically.
i. Red Fund Complex Corporate Rating -
A fund complex or any of its respective funds may be placed on the Red Fund
Complex Corporate Rating and may be terminated or disqualified from
participating in the Plan if that fund complex is determined by a court or
appropriate regulatory agency or the fund complex admits to having allowed
regulatory violations or corporate infractions in its funds by its employees
(officers or portfolio managers) of the complex. The occurrence of such
activity indicates a lack of supervision or control at the fund complex level. In
such event, depending on the severity of the violation or infraction, the Board
may determine the fund( s) shall be terminated even if such activity was not
found to have occurred in a fund used by the Plan but elsewhere in the fund
complex. If the decision is to terminate the fund or the fund complex for this
issue, the Board will use its best efforts to continue to monitor the fund or
fund complex, which may include meetings with the fund complex. Because
of the ongoing monitoring, the Board may determine at any time in the future
that the fund complex has addressed the abuses and may remove the fund
complex from the Red Rating making the fund complex eligible for
consideration for inclusion in the Plan. If removed from the Red Rating the
fund complex shall be re-rated.
ii. Yellow Fund Complex Corporate Rating -
A fund or fund complex will be put on the Yellow Fund Complex Corporate
Rating watch list if the fund complex is charged by a court or appropriate
regulatory agency or admits to regulatory violations or corporate infractions in
its funds. While a fund is on the watch list, no action shall be taken to
terminate or replace the fund. The Board, however, will use its best efforts to
periodically monitor the fund or fund complex to determine its
appropriateness for inclusion in the Plan. Such monitoring may include
meetings with the fund complex to determine if the fund should continue on
the watch list as a Yellow Rating or should be re-rated.
Hi. Green Fund Complex Corporate Rating -
A fund or fund complex that has not been implicated in any regulatory
violations of infractions nor has admitted to committing such activities.
City of Virginia Beach Deferred Compensation Plan Investment Policy 10/05
Original adoption: June 2, 1999
Revision: October 31, 2005
6
CITY OF VIRGINIA BEACH DEFERRED COMPENSATION PLAN
INVESTMENT POLICY STATEMENT
Definitions
. Balanced Fund -- A fund that invests its assets in a combination of asset classes
including money market, bonds, preferred stock, and common stock with the intention to
provide both growth and income. Also known as an asset allocation fund.
. Bond -- A debt investment with which the investor loans money to an entity (company or
government) that borrows the funds for a defined period oftime at a specified interest
rate.
. Equity - Stock or other security representing an ownership interest.
. Fixed Income Security -- An investment that provides a return in the form of fixed
periodic payments and eventual return of principle at maturity.
. Fund -- A security such as a closed or open end registered investment company (i.e., a
mutual fund) or other commingled or pooled funds consisting of a portfolio of assets,
including Equities, Bonds or other securities in which each holder participates in the gain
or loss of the entire portfolio.
. Growth Stock - Stock in a company whose earnings are expected to grow at an above
average rate relative to the market.
. International Fund - A Fund that can invest in the Stock bonds or other securities of
companies located anywhere outside the U.S.
· Lan!:e-Cap Stock - Stock issued by companies with a market capitalization over $5
billion.
. Mid-Cap Stock -- Stock issued by companies with a market capitalization of between $1
billion and $5 billion.
. Record Keeper
Third Party Administrator providing primary services of:
1. Trustee/Custodial Services - Take custody of all plan assets, maintain complete trust
accounting records, and provide monthly trust reconciliation statements.
2. Investment Funds SelectionlRetention - Provide advice and counseling to City
Department of Finance and Plan Investment Committee on performance reviews of
existing funds, recommendations on design of menu of funds, and advice and
information on initial selection, retention or replacement of existing funds, and
periodic (i.e., quarterly) ongoing monitoring of Plan funds against array of industry
benchmarks and performance targets.
City of Virginia Beach Deferred Compensation Plan Investment Policy 10/05
Original adoption: June 2, 1999
Revision: October 31, 2005
7
CITY OF VIRGINIA BEACH DEFERRED COMPENSATION PLAN
INVESTMENT POLICY STATEMENT
3. Participant Services - Provide adequate administrative support to provide plan
information on an individual and group basis.
4. Administrative Services - Provide the City with quarterly consolidated account
statements; investment performance summaries; assistance with negotiating reduction
or elimination of certain fund expenses; and notification, updates, interpretation, and
research of Section 457 plan issues. Management systems necessary for the
administration of the Plan and accurate financial accounting shall be maintained.
Meetings with the City as required to review the Plan's status, resolve problems, and
discuss relevant issues.
5. Education Services - At various locations, provide educational seminars on a variety
of investment and financial planning topics. Produce and distribute newsletters, with
materials suited for a broad spectrum of investment expertise.
6. Hardship Services - Provide explanation and information to participants requesting
application for a hardship withdrawal; begin immediate research of each received
request; obtain supporting documentation; and prepare a written recommendation to
the City for either denying or approving the request.
. Small Cap Stock -- Stock issued by companies with a market capitalization less than $1
billion.
. Stable Value Fund -- A Fund that invests in bonds and other fixed income securities
with a goal of protecting the stability of the principal.
. Value Stock - A stock in a company that tends to trade at a lower price relative to its
fundamentals (i.e., dividend, earnings, sales, etc) and thus is considered undervalued.
Common characteristics of such stocks include high dividend yield, low price-to-book
ratio and low price-to-earnings ratio.
POLICY STATEMENT:
This Policy Statement has been formulated by the Board based on consideration of a wide range
of policies, and describes the prudent investment process that the Board deems most appropriate
for the Plan. The Board shall review this Policy Statement at least annually. The Board may
amend this Policy Statement, as it deems advisable from time to time.
City of Virginia Beach Deferred Compensation Plan Investment Policy 10/05
Original adoption: June 2, 1999
Revision: October 31, 2005
8
CITY OF VIRGINIA BEACH DEFERRED COMPENSATION PLAN
INVESTMENT POLICY STATEMENT
AGREEMENT:
This Policy Statement was adopted by the Board on October 31, 2005, supersedes any previously
negotiated Investment Policy Statements, and shall remain in force until amended or revoked.
Signed (~~ljt([JQjUar
([JrI!d^tIL 3 (:;locIJ-
/
Board Chairperson Date
City of Virginia Beach Deferred Compensation Plan Investment Policy 10/05 9
Original adoption: June 2, 1999
Revision: October 31, 2005
- 26-
Item V-K.1.c.
ORDINANCES
ITEM # 54715
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to AMEND the City Code:
AMEND Chapter 21 re traffic regulations; REPEAL the entirety
thereof, incorporate certain provisions of Title 46.2, Code of
Virginia; and, REORDAIN certain other provisions.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter
W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 13, 2005
CHAPTER 16
Housing and Building Maintenance Code
Article VII: Storage of Vehicles
Old Section#
21-377
21-378
New Chavter Location
16-40
16-41
CHAPTER 21
Motor Vehicle and Traffic Code
Article I: Incorporation of Title 46.2 of the Virginia Code; Local Authority
Old Section#
n/a
21-1
21-12
21-3
New Section#
21-1
21-2
21-3
21-4
21-5 - 21-199. Reserved
Article II: Vehicle Operation
Division 1. Generally
Old Section#
21-256
21-259
New Section#
21- 200
21-201
21-202 - 21-219. Reserved
Division 2. Traffic Signs, Signals and Markings
Old Section#
21-297
21-456
New Section#
21- 220
21-221
21-222 - 21-229. Reserved
Division 3. Speeding
Old Section#
21-321.2
New Section#
21- 230
21-231 -- 21-239. Reserved
Division 4. Driving While Under Influence of Alcohol and/or Drugs
Old Section#
21-344
New Section#
21- 240
21-241 - 21-249. Reserved
Division 5. Operation of Motorcycles, Minibikes, etc.
Old Section#
21-441 a,c,d,e
21-444
21-32
21-33
New Section#
21- 250
21- 251
21-252
21-253
21-254 - 21-299. Reserved
Article III: Stopping, Standing and Parking
Division 1. Generally
Old Section#
21-363
21-374.1
21-356 (b&c only)
21-364
21-365
21-366
21-368
21-370
21-372
21-373
21-374
21-384
New Section#
21-300
21-301
21-302
21-303
21-304
21-305
21-306
21-307
21- 308
21-309
21-310
21-311
21-312 - 21-319. Reserved
Division 2. Parking Meters
Old Section#
21-394
21-395
21-396
21-397
21-398
21-399
New Section#
21-320
21-321
21-322
21-323
21- 3 24
21-325
21-400
21-40 1
21-402
21-403
21-405
21-406
21-407
21-326
21-327
21-328
21-329
21-330
21-331
21-332
21-333 - 21-349. Reserved
Division 3. Residential Parking Permits
Old Section#
21-440.1
21-440.2
21-440.3
21-440.4
21-440.5
21-440.6
21-440.7
21-440.8
21-440.9
21-440.10
21-440.11
New Section#
21-350
21-351
21-352
21-353
21-354
21-355
21-356
21-357
21-358
21-359
21- 360
21-361 - 21-399. Reserved
Article IV:
Use of Tow Truck Service to Enforce Parking Restrictions on Private
Property
Old Section#
21-419
21-420
21-421
21-422
21-423
21-424
21-425
21-426
21-427
21-428
21-429
New Section#
21-400
21-401
21-402
21-403
21-404
21-405
21-406
21-407
21-408
21-409
21-410
21-411 - 21-499. Reserved
Article V: Vehicle Size, Weight & Load
Old Section#
21- 204
21-205
21-207.1
21-211
New Section#
21- 500
21-501
21-502
21-503
21-504 - 21-599. Reserved
CHAPTER 23
Offenses - Miscellaneous
Old Section#
21-456
New Chavter Location
23-7.4
CHAPTER 33
Streets and Sidewalks
Article I: In General
Old Section#
21-30
New Chapter Location
33-9.1
CHAPTER 35
Taxation
Article XV: Local Vehicle License
Old Section#
21-71
21-71.1
21- 72
21-73
21-74
21-75
21-75.1
21-76
21-77
21-79
21-85
21-86
New Chapter Location
35-275
35-276
35-277
35-278
35-279
35-280
35-281
35-282
35-283
35-284
35-285
35-286
DATE: May 25, 2005
TO: Kathy Roundtree
FROM: Michael Davy, Court Administrator
SUBJECT: Incorporating State Traffic Code into City Code
This is to confirm that the Courts support moving forward to incorporate the State traffic
code into the City code. This will expedite the data entry processing of traffic tickets
and simplify and improve the reporting of convictions to the Department of Motor
Vehicles.
~'~
~, II
. igi S~ith, Chief Deputy Clerk
Criminal Department
Circuit Court Clerk's Office
L ra Dabbene, Traffic Division Manager
General District Court
1 AN ORDINANCE TO AMEND CHAPTER 21 OF THE CITY
2 CODE PERTAINING TO TRAFFIC REGULATIONS BY
3 REPEALING THE ENTIRETY THEREOF, INCORPORATING
4 CERTAIN PROVISIONS OF TITLE 46.2 OF THE CODE
5 OF VIRGINIA, AND REORDAINING CERTAIN OTHER
6 PROVISIONS
7
8 SECTIONS REPEALED: ~~ 21-1 thr. 34, 21-46
9 thr. 56, 21-71 thr. 77, 21-79, 21-85 thr. 86,
10 21-101 thr. 111, 21-113 thr. 130, 21-141 thr.
11 160, 21-176 thr. 179, 21-191 thr. 207.4, 21-
12 209 thr. 211, 21-226 thr. 260, 21-271 thr.
13 276, 21-278 thr. 281, 21-294 thr. 300, 21-311
14 thr. 324, 21-336 thr. 337, 21-338.1 thr.
15 341.1, 21-341.3 thr. 344, 21-356 thr. 386, 21-
16 394 thr. 395, 21-396 thr. 403, 21-405 thr.
17 407,21-419 thr. 429, 21-440.1 thr. 444, 21-
18 456 thr. 468, 21-481 thr. 485, 21-496 thr. 502
19
20 SECTIONS REORDAINED: ~~ 21-1 thr. 4, 21-200
21 thr. 201, 21-220 thr. 221, 21-230, 21-240, 21-
22 250 thr. 253, 21-300 thr. 311, 21-320 thr.
23 332, 21-350 thr. 360, 21-400 thr. 410, 21-500
24 thr. 503,
25
26 SECTIONS ADDED: ~~ 16-40 thr. 16-41, 23-7.4,
27 33-9.1, 35-275 thr. 286
28
29 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
30 BEACH, VIRGINIA:
31
That Chapter 21 of the City Code is hereby repealed and
32 reordained, and that Chapters 16, 23, 33, and 35 are hereby amended
33 and reordained, to read as follows:
1
34
CHAPTER 16
35
HOUSING AND BUILDING MAINTENANCE CODE
36
ARTICLE VI. Storage of Vehicles
37
38
Sec. 16-40.
Open storage of inoperable vehicles on residential,
commercial or agricultural property.
39
(a)
It shall be unlawful whether as owner, tenant, occupant,
40 lessee or otherwise, for any person, firm or corporation to keep,
41 except within a fully enclosed building or structure or otherwise
42 shielded or screened from view, on any property zoned for
43 residential, commercial or agricultural purposes, any vehicle,
44 which is inoperable. As used in this Section, notwithstanding any
45 other provisions of the law, general or special, "shielded or
4 6 screened from view" means not visible by someone standing at ground
47 level from outside of the property on which the subject vehicle is
48 located. The placing, draping or securing of a tarpaulin or other
49 nonrigid cover, over and around an inoperable vehicle shall not be
50 sufficient to comply with the requirements of this Section.
51
(b) As used in this Section, an "inoperable vehicle," shall
52 mean any motor vehicle, trailer or semitrailer, as defined in Code
53 of Virginia, section 46.2-100:
54
(1) Which is not in operating condition; or
55
(2) Which for a period of sixty (60) days or longer has been
56
partially or totally disassembled by the removal of tires and
2
57 wheels, the engine or other essential parts required for
58 operation of the vehicle; or
59 (3) On which there are displayed neither valid license plates
60 nor a valid inspection decal.
61 (c) Any person violating any provision of this Section shall
62 be given a notice that the keeping of such inoperable vehicle
63 constitutes a violation which must be abated within seven (7) days
64 from the date of such notice. The notice shall (1) reasonably
65 describe the subject inoperable vehicle; (2) state that any owner
66 of such inoperable vehicle or any owner of property upon which such
67 inoperable vehicle is located may appeal the decision that the
68 vehicle is in violation of this Section by a written notice of
69 appeal with the Code Enforcement Administrator of the Department of
70 Housing and Neighborhood Preservation within seven (7) days from
71 the date of the notice; (3) state that failure to comply with the
72 requirements of this Section may result in the removal and disposal
73 of the vehicle; and (4) state that such removal and disposal shall
74 be at the expense of the owner of such inoperable vehicle or the
75 owner of the property upon which such vehicle is located.
76 (d) Service of the notice provided for in subsection (c)
77 shall be by first-class mail, personal delivery or posting in a
78 conspicuous place. The owner shall, for purposes of this Section,
79 be defined as the owner of the inoperable vehicle, or if the owner
80 of the inoperable vehicle cannot be ascertained or readily located,
3
81 the owner of the property. The Code Enforcement Administrator and
82 inspectors of the Department of Housing and Neighborhood
83 Preservation are hereby authorized to deliver or post such notices.
84 (e) Failure of any person to place such inoperable vehicle
85 into a fully enclosed structure, to screen or shield such vehicle
86 from view as set forth in subsection (a) above, or to remove such
87 vehicle, or render such vehicle operable within the time prescribed
88 in subsection (c) above shall constitute a Class 3 misdemeanor. In
89 addition to any penal ties imposed hereunder, code enforcement
90 administrator or his designee may institute legal action to enjoin
91 the continuing violation and may request that the Chief of Police
92 or his designee remove and dispose of such inoperable vehicle as
93 provided in subsections 16-41(c)--(h).
94 Should the cost of removal and disposal exceed the proceeds of
95 sale as outlined in subsection (e) above, the additional cost of
96 any such removal and disposal shall be chargeable to the owner of
97 the inoperable vehicle or of the property and may be collected by
98 the city as taxes and levies are collected; and every cost
99 authorized by this section with which the owner of the property has
100 been assessed shall constitute a lien against the property from
101 which the inoperable vehicle was removed, the lien to continue
102 until actual payment of such costs has been made to the City.
103 (f) The owner or his agent may, at any time from the date of
104 removal, up to and including the twentieth day of storage, claim
4
105 such vehicle upon payment of towing, preservation and storage
106 charges.
107
(g) The provisions of this Section shall not apply to any
108 business duly licensed to deal in the buying, selling, storing or
109 disassembling of motor vehicles, trailers or semitrailers, or the
110 temporary storage of motor vehicles, trailers or semitrailers
111 awaiting repairs, or any motor vehicle, trailer or semitrailer
112 which is designed or used primarily for agricultural or
113 horticultural purposes and which is kept upon a farm or other
114 property principally used for such purposes.
115
(h) Any owner of an inoperable vehicle or owner of property
116 upon which such vehicle is located aggrieved of a decision made
117 pursuant to this Section may appeal such decision as set forth in
118 subsection (c) above. The Code Enforcement Administrator or his
119 designee shall schedule a hearing of such appeal on a date not
120 later than ten (10) business days after the filing of the appeal;
121 provided, however, that such hearing may, at the discretion of the
122 Code Enforcement Administrator or his designee, be rescheduled for
123 good cause shown. Enforcement proceedings otherwise permitted under
124 this Section shall be stayed during the pendency of such appeal.
125
126
Sec. 16-41.
Removal, storage and sale of certain unattended
vehicles--Generally.
127
(a) Any law enforcement officer may have removed for
128 safekeeping any motor vehicle, trailer, semi trailer or part or
5
129 combination thereof if:
130 (1) It is left unattended or has been involved in an accident
131 on a public highway or other public property and impedes the
132 flow of traffic;
133 (2) It is illegally parked;
134 (3) It is left unattended for more than ten (10) days either
135 on public property or on private property without the
136 permission of the property owner, lessor or occupant;
137 (4) It is immobilized on a public highway by weather
138 conditions or other emergency situation;
139 (5) It is left abandoned on a public highway or other public
140 property. For the purposes of this section, it shall be
141 presumed that a vehicle or part thereof is abandoned if (a) it
142 lacks either a current license plate, or a current county,
143 city or town license decal, or a valid state safety inspection
144 decal; and (b) it has been in a specific location for four (4)
145 days without being moved.
146 (6) It is designated for removal by the Code Enforcement
147 Administrator as provided by 5 16-40(e).
148 (b) No vehicle shall be moved from private property under the
149 provisions of subsection (a) (3) of this section without the written
150 request of the owner, lessee or occupant thereof. Further, the
151 person at whose request a motor vehicle, trailer or semitrailer is
152 removed from privately owned property pursuant to this section
6
153 shall indemnify the city against any loss or expense incurred by
154 reason of the removal, storage or sale.
"
155
(c) Each removal under this Section or ~ 16-40 shall be
156 reported immediately to the Chief of Police, who shall give notice
157 to the owner of the motor vehicle, trailer or semitrailer and to
158 the department of motor vehicles as promptly as possible. The owner
159
of such vehicle,
trailer or semitrailer, before obtaining
160 possession thereof, shall pay to the city all reasonable costs
161 incidental to the removal, storage and locating the owner of the
162 vehicle, trailer or semitrailer. Should such owner fail or refuse
163 to pay the costs or should the identity or whereabouts of such
164 owner be unknown and unascertainable, after a diligent search has
165 been made and after notice to him at his last known address and to
166 the holder of any lien of record in the office of the Department of
167 Motor Vehicles in Virginia against the motor vehicle, trailer or
168 semitrailer, the Chief of Police may, after holding the motor
169 vehicle, trailer or semitrailer twenty (20) days and after due
170 notice of sale, dispose of the same at public sale and the proceeds
171 from the sale shall be forwarded by the Chief of Police to the City
172 Treasurer.
173
( d)
If no claim has been made by the owner for the proceeds
174 of a sale under this Section, the remaining funds may be deposited
175 to the general fund or any special fund of the City. Any such owner
176 shall be entitled to apply to the city within three (3) years from
7
177 the date of such sale, and if timely application is made therefor,
178 the City shall pay the same to the owner, without interest or other
179 charges. No claim shall be made nor shall any suit, action or
180 proceeding be instituted for the recovery of such funds after three
181 (3) years from the date of such sale.
182 (e) Notwithstanding the foregoing provisions, any abandoned
183 vehicle which is inoperable and whose fair market value is
184 determined to be less than the cost of its restoration to an
185 operable condition, may be disposed of to a demolisher, without
186 title and without notification procedures, by the city or by the
187 person on whose property or in whose possession the vehicle is
188 found. The demolisher, on taking custody of the inoperable
189 abandoned vehicle shall notify the department as provided by Code
190 of Virginia, ~ 46.2-1205.
191 (f) Any personal property found in any unattended or
192 abandoned motor vehicle, trailer or semitrailer may be sold
193 incident to the sale of such vehicle pursuant to this Section.
194 (g) In enforcing this Section the police department shall not
195 utilize any tow truck service which is not in full compliance with
196 the requirements of Article IV of Chapter 21.
197 (h) The Chief of Police is authorized to adopt, with the
198 approval of the City Manager, additional requirements for towing
199 services related to the safety and convenience of persons whose
200 vehicles are towed in accordance with this Section.
8
201
CHAPTER 21
MOTOR VEHICLE AND TRAFFIC CODE
202
203
204
ARTICLE I. INCORPORATION OF TITLE 46.2 OF THE
VIRGINIA CODE; LOCAL AUTHORITY
205 Sec. 21-1. Adoption of Title 46.2 of the state law.
206 (a) Pursuant to the authority of S 46.2-1313 of the Code of
207 Virginia, 1950, as amended, all of the provisions and requirements
208 of the laws of the State contained in Title 46.2 of the Code of
209 Virginia, as amended, and pursuant to S 1-220 of the Code of
210 Virginia as amended in the future, except those provisions and
211 requirements the violation of which constitutes a felony, and
212 except those provisions and requirements which, by their very
213 nature, can not have application to or within the City, are hereby
214 adopted and incorporated in this Chapter by reference and made
215 applicable within the City. Such provisions and requirements are
216 hereby adopted and made a part of this Chapter as fully as though
217 set forth at length herein, and it shall be unlawful for any person
218 within the City to violate or fail, neglect or refuse to comply
219 with any provision of the Code of Virginia, which is adopted by
220 this Section; provided, that in no event shall the penalty imposed
221 for the violation of any provision or requirement hereby adopted
222 exceed the penalty imposed for a similar offense under the Code of
223 Virginia.
9
224 (b) Any change to any Section of this Article resulting from
225 a future amendment to a state law that is adopted and incorporated
226 by reference shall become effective at the same time the amended
227 state law becomes effective.
228 (c) All definitions of words and phrases contained in the
229 State law hereby adopted shall apply to such words and phrases,
230 when used in this Chapter, unless clearly indicated to the
231 contrary. Reference to "highways of the state" contained in such
232 provisions and requirements hereby adopted shall be deemed to refer
233 to the streets, highways and other public ways within the City.
234 Sec. 21-2. Title.
235 The provisions of this Chapter shall be known as the "Motor
236 Vehicle and Traffic Code of the City of Virginia Beach, Virginia"
237 and may be so cited.
238 Sec. 21-3. General powers of City Manager relative to traffic.
239 (a) The City Manager shall have final authority over the
240 management and direction of all vehicular and pedestrian traffic in
241 the City and of the parking and routing of vehicles in the interest
242 of the public safety, comfort and convenience, not inconsistent
243 with the provisions of this Chapter and Title 46.2 of the Code of
244 Virginia. He may cause appropriate signs to be erected and
245 maintained, designating residence and business districts, school,
246 hospital and safety zones, highways and interurban railway
247 crossings, turns at intersections, traffic lanes and such other
10
248 signs as may be necessary to carry out the provisions of this
249 chapter. He shall have power to regulate traffic by means of
250 traffic officers or semaphores or other signaling devices on any
251 portion of the highway where traffic is heavy or continuous or
252 where, in his judgment, conditions may require. He may adopt any
253 such regulations, not inconsistent with the provisions of this
254 Chapter, as he shall deem advisable and necessary, and repeal,
255 amend or modify any such regulation; provided, however, that such
256 regulations shall not be deemed to be violated if, at the time of
257 the alleged violation, any sign or designation required under the
258 terms of this Chapter is missing, effaced, mutilated or defaced, so
259 that an ordinary observant person, under the same circumstances,
260 would not be apprised of or aware of the existence of such
261 regulations.
262
(b) Notwithstanding the provisions of subsection (a), the
263 City Manager shall not implement any program or regulation which
264 requires the payment of a fee to park in any public lot within or
265 adjacent to the Municipal Center absent specific authorization from
266 City Council.
267
268
269
270
Sec.
21-4.
Compliance with chapter; general penalty for
violations.
It shall be unlawful for any person to violate or refuse, fail
271 or neglect to comply with any of the provisions of this Chapter.
272 Unless otherwise specifically provided, a violation of this Chapter
11
273 shall constitute a traffic infraction punishable by a fine of not
274 more than two hundred fifty dollars ($250.00).
275 Secs. 21-5 - 21-199. Reserved.
276
277
ARTICLE II. VEHICLE OPERATION.
DIVISION 1. GENERALLY.
278 Sec. 21-200. Blocking intersections or marked crosswalks.
279 No operator of a vehicle shall enter an intersection or a
280 marked crosswalk, unless there is sufficient space beyond such
281 intersection or crosswalk, in the direction in which such vehicle
282 is proceeding, to accommodate the vehicle without obstructing the
283 passage of other vehicles or pedestrians, notwithstanding any
284 traffic-control signal indication to proceed.
285 Sec. 21-201. Cruising.
286 (a) The City of Virginia Beach hereby finds and declares that
287 the unregulated practice of cruising on Atlantic Avenue in the
288 resort area creates substantial vehicular traffic congestion,
289 including extended periods of gridlock; interferes with the smooth
290 and orderly flow of both vehicular and pedestrian traffic; unduly
291 interferes with the ability of police, fire, and rescue vehicles to
292 respond to calls for assistance; and thereby endangers the health,
293 safety and welfare of the City's citizens and visitors. By adoption
294 of this Section, it is the intent of the City to regulate cruising
295 on Atlantic Avenue in the resort area and thereby to alleviate the
296 problems associated therewith.
12
297 (b) The following words and phrases shall, for purposes of
298 this Section, have the meanings respectively ascribed thereto:
299 (i) Cruising or to cruise shall mean to operate a motor
300 vehicle or low-speed vehicle, or as a custodian thereof,
301 to permit its operation, past a traffic-control point two
302 (2) times in the same direction within any three-hour
303 period.
304 (ii) Custodian shall mean any person who is the owner of a
305 motor vehicle or low-speed vehicle, or has custody
306 thereof, and who is riding therein (or thereon) at the
307 time of its operation.
308 (iii)Enforcement period shall mean the period from May 1 to
309 September 30, inclusive, between the hours of 2:00 p.m.
310 and 4:00 a.m., inclusive.
311 (i v) Restricted area shall mean Atlantic Avenue from and
312 including the Rudee Inlet Loop to and including 31st
313 Street.
314 (v) Resort area shall mean the area, from and including, the
315 sidewalk on the west side of Pacific Avenue to the
316 Atlantic Ocean between Rudee Inlet and 42nd Street.
317 (vi) Traffic-control point shall mean the location of any sign
318 indicating that cruising is prohibited, or any point
319 designated by the chief of police or his duly authorized
320 designee which is located between any such signs.
13
321
(c)
It shall be unlawful for any person to cruise in the
322 restricted area during the enforcement period. A violation of this
323 subsection shall constitute a traffic infraction, and each
324 successive trip past a traffic-control point after a violation has
325 occurred shall constitute a separate violation.
326
(d)
Signs indicating that cruising is prohibited shall be
327 posted at periodic intervals immediately adjacent to the restricted
328 area. Such signs shall state substantially as follows:
329 NO CRUISING 2 P.M. TO 4 A.M.
330 UNLAWFUL TO PASS THIS POINT
331 2 TIMES IN 3-HOUR PERIOD
332
(e) The provisions of this Section shall not be applicable to
333 the operator of a police, fire or rescue vehicle in the conduct of
334 official duties, the operator of a common carrier, or the operator
335 of any motor vehicle or low-speed vehicle when such motor vehicle
336 or low-speed vehicle is being operated for business purposes.
337 Secs. 21-202 - 21-219. Reserved.
338
DIVISION 2. TRAFFIC SIGNS, SIGNALS AND MARKINGS.
339 Sec. 21-220. Activation of traffic control signals by fire
340 department and rescue squad members.
341
Members of any fire department or any rescue squad, when on
342 duty, may activate electric traffic-control signals when such
343 control signals are specifically authorized by the State Highway
344 and Transportation Commissioner or the City Manager.
14
345 Sec. 21-221. Duty to obey traffic signs and signals and orders of
346 police officers.
347 Pedestrians shall obey signs and signals erected on highways
348 or streets for the direction and control of travel and traffic and
349 they shall obey the orders of police officers engaged in directing
350 travel and traffic on the highways and streets. Violations of this
351 section shall be punished by a fine not exceeding two hundred
352 dollars ($200.00) for each offense.
353 Sees. 222 - 229. Reserved.
354
DIVISION 3. SPEEDING.
355 Sec. 21-230. Traffic calming via maximum speed limits in certain
356 residential districts; penalty.
357 Pursuant to ~ 46.2-878.2 of the Code of Virginia, any person
358 who operates a motor vehicle in excess of the maximum speed limit
359 established for any portion of the following highways located
360 within the designated neighborhoods, on or after the effective
361 date, shall be guilty of a traffic infraction punishable by a
362 prepayable fine of two hundred dollars ($200.00), in addition to
363 other penalties provided by law. No portion of the fine shall be
364 suspended unless the court orders twenty (20) hours of community
365 service.
366
(1) L & J Garden: Norwich Avenue; Taj 0 Avenue; Fairlawn
367 Avenue; Dulcie Avenue.
368
(2) Acredale: Andover Road; Langston Road; Bonneydale Road;
369
Olive Road, Alton Road; Old Kempsville Road.
15
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392
393
(3) Lake Shores: Jack Frost Road; Lake Shores Road.
(4) Little Neck: Harris Road.
(5) Lake Shores: Oak Leaf Lane, Tern Road; Lake Road S;
Regina Lane; Meredith Road, School Road, Mosby Road, Frizzel Drive;
Finn Road; Charla Lee Lane; Smith Farm Road.
(6) Brighton on the Bay: Templeton Lane; Wivenhoe Way; Starr
Way.
(7) Baylake Pines/Baylake Beach: Ben Gunn Road; Indian Hill
Road; Baylake Road; Rampart Avenue; Bayville Road;
Lookout Road; Sandy Bay Drive.
(8) Country Haven: Stewart Drive.
(9) Fairfield: Lord Dunmore Drive.
(10) Bellamy Manor: Homestead Drive.
(11) Church Point: Church Point Road; Church Point Place;
Timber Ridge Drive.
(12) Stratford Chase: Stratford Chase Drive; Minden Road;
Violet Bank; Kittery Drive.
(13) Bayville Park: Greenwell Road (From Shore Drive to First
Court Road) .
(14) Milburn Manor: Davis Street.
(15) Lake James: Lake James Drive.
(16) Larkspur: Edwin Drive from Princess Anne Road to
Independence Blvd.
Effective as of April 6, 2004:
16
394
395
396
397
398
(1) Croatan: Croatan Road.
(2) Birdneck Point: Cardinal Road.
Effective as of April 5r 2005:
(1) Thoroughgood: Thoroughgood Drive.
(2) Hermitage Road.
399 Sees. 21-231 - 239. Reserved.
400 DIVISION 4. DRIVING WHILE UNDER INFLUENCE OF ALCOHOL OR DRUGS.
401 Sec. 21-240. Reimbursement for expenses incurred from emergency
402 responses.
403
(a) Any person convicted of violating any of the following
404 provisions of the Code of Virginia, or any similar ordinance in the
405 City Code, shall be liable in a separate civil action for
406 reasonable expenses incurred by the City of Virginia Beach or by
407 any volunteer rescue squad, or both, when providing a appropriate
408 emergency response to any accident or incident related to such
409 violation.
410
411
412
413
414
415
416
417
(1) The provisions of Code of Virginia ~~ 18.2-51.4, 18.2-266
or 29.1-783, when such operation of motor vehicle,
engine, train or watercraft while so impaired is the
proximate cause of the accident or incident;
(2) The provisions of Article 7 (section 46.2-852 et seq.) of
Chapter 8 of Title 46.2 relating to reckless driving,
when such reckless driving is the proximate cause of the
accident or incident;
17
418 (3) The provisions of Article 1 (~ 46.2-300 et seq.) of
419 Chapter 3 of Title 46.2 relating to driving without a
420 license or driving with a suspended or revoked license;
421 and
422 (4) The provisions of Code of Virginia ~ 46.2-894 relating to
423 improperly leaving the scene of an accident.
424 (b) Personal liability under this Section for reasonable
425 expenses of an appropriate emergency response shall not exceed one
426 thousand dollars ($1,000.00) in the aggregate for a particular
427 accident or incident. In determining the "reasonable expenses". a
428 flat fee of two hundred and fifty dollars ($250.00) may be billed,
429 or a minute-by-minute accounting of the actual cost incurred may be
430 billed.
431 (c) As used in this Section, "appropriate emergency response"
432 includes all cost of providing law-enforcement, fire-fighting,
433 rescue and emergency medical services.
434 (d) The provisions of this Section shall not preempt or limit
435 any remedy available to the Commonwealth, the City of Virginia
436 Beach, or to any volunteer rescue squad to recover the reasonable
437 expenses of an emergency response to an accident or incident not
438 involving impaired driving operation of a vehicle or other conduct
439 as set forth herein.
440
18
440
DIVISION 5. OPERATION OF MOTORCYCLES, MINIBIKES, ETC.
441
442
Sec. 21-250.
Opera tion on pri va te property; compliance with
registration and licensing requirements.
443
(a)
It shall be unlawful for any person to operate or permit
444 to be operated any motorcycle, minibike, trail bike, motor scooter
445 or other form of two (2) or more wheeled transportation propelled
446 by an internal combustion engine, upon the private property of
447 another, unless the operator of said vehicle has in his possession
448 written authorization from the property owner or his agent.
449
(b) The owner of any privately owned property desiring
450 enforcement upon his property of any provision of this Section
451 shall notify the Chief of Police or his authorized designee.
452
(c) When any police officer arrests a person and charges him
453 with a violation of this Section, such officer may seize the
454 vehicle involved and deliver the same to the Chief of Police or his
455 authorized designee, and the vehicle shall be held until the charge
456 is disposed of by the court having jurisdiction; provided, that
457 sei zure shall not be made of any vehicle operated on private
458 property, unless the owner of such property has complied with the
459 requirements of subsection (b) above. In disposing of the charge,
460 the court shall order the vehicle returned to its owner, except
461 that, when any person has been convicted of a second or subsequent
462 violation of this Section, the judge may order such vehicle held by
463 the Chief of Police or his authorized designee for a period not to
464 exceed ninety (90) days.
19
465
(d) The provisions of this Section shall not apply to
466 emergency vehicles, government vehicles or to persons driving upon
467 such property with the written consent of the owner or person in
468 lawful possession of such property or to the property owner or his
469 family, employees, agents or lessees.
470
471
472
Sec. 21-251.
Unreasonable loud, disturbing, etc., noise from
operation of motorcycle.
It shall be unlawful and a Class 4 misdemeanor for any person,
473 in operating a motorcycle wi thin the City, to create in the
474 operation thereof any unreasonably loud, disturbing or unnecessary
475 noise. In operating a motorcycle, the following acts, among others,
476
477
are declared to create unreasonably loud,
disturbing and
unnecessary noise in violation of this Section,
but such
478 enumeration shall not be deemed to be exclusive:
479
480
481
482
483
484
485
486
487
488
489
(1) The use of a motorcycle so out of repair as to cause
thereby loud and unnecessary grating, grinding, rattling
or any of such noises, or any other unnecessary noise.
(2) The practice of unnecessarily racing the motor of a
motorcycle while standing or moving, thereby causing
unnecessary noise from such motor.
(3) The practice of unnecessarily retarding the spark to the
motor and thereby causing unnecessary, loud and explosive
noise from such motor.
(4 )
In starting a motorcycle from a standing position the
practice of gaining speed unnecessarily quickly and
20
490
491
492
493
494
thereby causing unnecessary and loud noise from the
motor.
(5) The practice of coming to an unreasonably quick stop with
a motorcycle and thereby causing unnecessary grinding of
brakes and screeching of tires, or either of such noises.
495 Sec. 21-252. Boarding or alighting from moving vehicles.
496 No person shall board or alight from any vehicle while such
497 vehicle is in motion.
498
499
500
501
Sec. 21-253.
Riding on portion of vehicle not intended for
passengers; persons under sixteen prohibited from
riding in cargo areas of pickup trucks.
(a) No person shall ride on any vehicle upon any portion
502 thereof not designed or intended for the use of passengers. This
503 provision shall not apply to any employee engaged in the necessary
504 discharge of a duty or to persons riding within truck bodies in
505 space intended for merchandise; provided, however, no person under
506 sixteen (16) years of age shall be transported in the rear cargo
507 area of any pickup truck on any highway in this City.
508
(b) The provisions of this Section shall not apply to
509 transportation of persons in the bed of any pickup truck being
510 operated (i) as part of an organized parade authorized by the state
511 department of transportation or the City or (ii) on or across a
512 highway from one field or parcel of land to another field or parcel
513 of land in connection with farming operations.
514
21
514 Secs. 21-254 - 21-299. Reserved.
515
516
517
518
519
ARTICLE III. STOPPING, STANDING AND PARKING.
DIVISION 1. GENERALLY
Sec. 21-300.
General authority of director of public works as to
parking.
(a) Notwithstanding any provisions of this Chapter, the
520 Director of Public Works is hereby authorized, when in his
521 judgement it is in the public interest so to do, to set apart on
522 any of the streets of the city spaces for loading and unloading
523 merchandise, bus stops and other places in which no general parking
524 shall be permitted, and he is further authorized to set aside
525 spaces in which parking time shall be further limited or
526 prohibited. Such action shall not be effective, unless signs or
527 other markings are present, within or near such spaces, so as to
528 apprise an ordinarily observant person of such parking prohibitions
529 or regulations. It shall be unlawful for any person to fail to
530 comply with the requirements of signs or other markings.
531
(b) This Section shall not be construed to authorize the
532 Director of Public Works to designate parking meter zones or
533 taxicab stands.
534 Sec. 21-301. Appointees to enforce parking regulations.
535
The City Manager is hereby authorized to appoint city
536 personnel and/or personnel serving under contract with the City to
537 enforce the provisions of ~~ 21-303 through 21-310 of the City Code
22
538 in addition to the regular police officers of the City. Such
539 personnel shall wear a uniform as prescribed by the City Manager.
540 Nothing shall preclude the City Manager from appointing personnel
541 under this Section who may also have been appointed under ~ 21-328
542 of the City Code.
543 Sec. 21-302. Stopping or parking on highways generally.
544
(a) Except when actually loading or unloading merchandise, as
545 permitted in this Chapter, no vehicle shall be stopped except close
546 to and parallel to the right-hand edge of the curb or roadway,
547 except that a vehicle may be stopped close to and parallel to the
548 left-hand curb or edge of the roadway on one-way streets or may be
549 parked at an angle, where permitted.
550
(b) Except when actually loading or unloading merchandise, as
551 permitted in this Chapter, no vehicle shall be stopped except close
552 to and parallel to the right-hand edge of the curb or roadway,
553 except that a vehicle may be stopped close to and parallel to the
554 left-hand curb or edge of the roadway on one-way streets or may be
555 parked at an angle, where permitted.
556
557
Sec. 21-303.
General parking
violation.
prohibitions;
penalties
for
558
(a) No person shall park a vehicle, except when necessary to
559 avoid conflict with other traffic or in compliance with the
560 directions of a police officer or traffic-control device, in any of
561 the following places:
562
(1) Within fifteen (15) feet of a fire hydrant.
23
563 (2) Within any designated fire lane.
564 (3) At any place so as to block any fire department
565 connection.
566 (4) Within fifteen (15) feet of the driveway entrance to any
567 fire station and, on the side of a street opposite the
568 entrance to any fire station, within seventy-five (75)
569 feet of the entrance, when properly signposted.
570 (5) Within fifteen (15) feet of the entrance to a building
571 housing rescue squad equipment or ambulances, provided
572 such buildings are plainly designated.
573 (6) In front of a public or private driveway.
574 (7) Within an intersection.
575 (8) On the roadway side of any vehicle parked at the edge or
576 curb of a street (double parking) .
577 (9) Upon any bridge or other elevated structure upon a street
578 or highway or within a tunnel.
579 (10) On the left-hand side of roadway of a two-way street.
580 (11) At any place so as to impede or render dangerous the use
581 of any street or highway.
582 (b) No person shall park a vehicle, except when necessary to
583 avoid conflict with other traffic or in compliance with the
584 directions of a police officer or traffic-control device, in any of
585 the following places:
586 (1) On a sidewalk.
24
587
588
589
590
591
592
593
594
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
610
(2)
(3)
(4 )
(5)
On a crosswalk.
Wi thin twenty
(20)
feet of a crosswalk at an
( 6)
intersection; provided, however, that where there is no
crosswalk at an intersection, no person shall so park a
vehicle within twenty (20) feet from the intersection of
curb lines or, if none, then within fifteen (15) feet of
the intersection of property lines.
Within thirty (30) feet upon the approach to any flashing
beacon, stop sign or traffic-control signal located at
the side of a roadway.
Between a safety zone and the adjacent curb or within
thirty (30) feet of points on the curb immediately
opposite the ends of a safety zone, unless a different
length is indicated by official signs or markings.
Within fifty (50) feet of the nearest rail of a railroad
grade crossing.
Alongside or opposite any street excavation or
obstruction, when such parking would obstruct traffic.
At any place where official signs prohibit, reserve or
restrict parking.
In a residential or apartment district (area), if such
vehicle is a commercial vehicle in excess of twenty (20)
feet in length and/or seven (7) feet in height. This
restriction shall not apply to commercial vehicles parked
(7 )
(8 )
( 9)
25
611 while engaged in the normal conduct of business or in the
612 delivery or provision of goods or services in a
613 residential or apartment district (area).
614 (10) At any place so as to prevent the use of a curb ramp
615 located on public property or on privately owned property
616 open to the public.
617 (11) At any place, angle parked or perpendicular to a curb,
618 unless street markings permit.
619 (12) On any street or highway or any City parking lot,
620 displaying a sign or lettering indicating that the
621 vehicle is offered for sale or rent.
622 (c) No person shall park on any street or highway, or on any
623 City parking lot, any vehicle which fails to display one (1) or
624 more of the following:
625 (1) A valid state vehicle safety inspection decal.
626 (2) Valid and current state license plates.
627 (d) (1) When a notice or citation is attached to a vehicle
628 found parked in violation of any provision of this
629 Section, the owner of the vehicle may, within fourteen
630 (14) calendar days thereafter, pay to the City Treasurer,
631 in satisfaction of such violation, a penalty of thirty-
632 five dollars ($35.00), for a violation of any provision
633 of subsection (a) or (c), except (a) (2), or twenty
634 dollars ($20.00) for a violation of any provision of
26
635 subsection (b), for each hour or fraction thereof during
636 which such vehicle was unlawfully parked. Such payment
637 shall constitute a plea of guilty of the violation in
638 question. If such payment is not postmarked or received
639 by the City Treasurer within fourteen (14) calendar days
640 after issuance of such notice or citation, the penalty
641 shall be seventy dollars ($70.00) for a violation of any
642 provision of subsection (a) or (c) of this section,
643 except (a) (2), and forty dollars ($40.00) for a violation
644 of any provision of subsection (b) of this Section.
645 (2) For violations of subsection (a) (2), the penalty shall be
646 fifty dollars ($50.00) if paid to the City Treasurer
647 within fourteen (14) days after the notice or citation is
648 issued, and if payment is not postmarked or received by
649 the City Treasurer wi thin fourteen (14) days after
650 issuance of the notice or citation, the penalty shall be
651 one hundred dollars ($100.00).
652 (e) The failure of any owner to make payment in accord with
653 subsection (d) above or present the notice or citation for a
654 violation of this Section at an office of the City Treasurer for
655 certification to the General District Court, wi thin thirty (30)
656 days, shall render such owner subject to a fine of not more than
657 fifty dollars ($50.00) in addition to the penalty prescribed by
658 subsection (d).
27
659 Sec. 21-304. Parking or stopping for certain purposes prohibited.
660
661
662
663
664
665
666
667
668
669
670
671
672
673
674
675
676
677
678
679
680
681
(a) It shall be unlawful for any person to park or place any
automobile, truck, trailer or other vehicle upon or in any street,
alley or parkway for the purpose of selling or offering the same
for sale or rent. No sign or lettering shall be attached or placed
upon any automobile, truck, trailer or other vehicle parked in or
upon any public street, alley or parkway in the City indicating
that such vehicle is offered for sale or for rent.
(b) It shall be unlawful for any person to stop a vehicle at
any time upon a highway for the purpose of advertising any article
of any kind, or to display thereupon advertisements of any article
or advertisement for the sale of the vehicle itself.
Sec. 21-305. Washing or greasing vehicle on highway or sidewalk.
No person shall, for compensation, wash, polish or grease a
vehicle upon a highway or sidewalk, nor shall the owner of a
vehicle permit it to be washed, polished or greased, for
compensation, upon a highway or sidewalk.
Sec. 21-306. Backing to curb.
No vehicle shall be backed to a curb, except during the time
actually engaged in loading or unloading merchandise therefrom.
Sec. 21-307. Parking vehicle without current state license.
It shall be unlawful for any person to park any vehicle having
no current state license on any highway within the City.
28
682 Sec. 21-308. Parking in street sweeping zones.
683 It shall be unlawful for any person to park any vehicle in a
684 "no parking" zone designated for street sweeping during the
685 respective hours as noted. It shall also be unlawful for any person
686 to park any vehicle in a zone scheduled for street sweeping when
687 proper notification has been given by the City through the
688 placement of a notice on the windshield of vehicles located in the
689 sweeping zone. The City has the right to remove any vehicle located
690 within these zones during the designated times of street sweeping.
691 Sec. 21-309. Manner of using loading zones.
692 Where a loading or unloading zone has been set apart by the
693 Director of Public Works in accordance with applicable provisions
694 of this Chapter, the following regulations shall apply with respect
695 to the use of such areas:
696 (1) No person shall stop, stand or park a vehicle for any
697 purpose or length of time, other than for the expeditious
698 unloading and delivery or pickup and loading of
699 materials, in any place marked as a curb loading zone
700 during hours when the provisions applicable to such zones
701 are in effect. All delivery vehicles, other than regular
702 delivery trucks, using such loading zones shall be
703 identified by the owner's or company's name, in letters
704 three (3) inches high on both sides of the vehicle.
29
705 (2) The driver of a passenger vehicle may stop temporarily in
706 a space marked as a curb loading zone for the purpose of,
707 and while actually engaged in, loading or unloading
708 passengers or bundles, when such stopping does not
709 interfere with any vehicle used for the transportation of
710 materials which is waiting to enter or is about to enter
711 such loading space.
712 Sec. 21-310. Manner of using bus stops and taxicab stands.
713 Where a bus stop has been set apart by the Director of Public
714 Works in accordance with the applicable provisions of this Chapter
715 or where a taxicab stand has been designated in accordance with
716 Section 36-78 of this Code, the following regulations shall apply
717 as to the use thereof: No person shall stop, stand or park a
718 vehicle other than a bus in a bus stop, or other than a taxicab in
719 a taxicab stand, where such stop or stand has been officially
720 designated and appropriately signed, except that the driver of a
721 passenger vehicle may temporarily stop therein for the purpose of,
722 and while actually engaged in, the expeditious loading or unloading
723 of passengers, when such stopping does not interfere with any bus
724 or taxicab waiting to enter or about to enter such zone.
725 Sec. 21-311. Contest of parking citations.
726 Any person who shall desire to contest a parking citation
727 shall present the citation at any office of the City Treasurer, who
30
728 shall certify it on an appropriate form to the General District
729 Court.
730 Sees. 21-312 - 21-319. Reserved.
731
DIVISION 2. PARKING METERS
732 Sec. 21-320. Installation, maintenance, required signals, etc.
733 The City Manager shall have the authority to provide for the
734 installation or placing of parking meters within the City and the
735 regulation, control, operation and use thereof in accordance with
736 the provisions of this Division and shall maintain such meters in
737 good working condition. Such parking meters shall be placed upon
738 the curbing immediately adjacent to individual parking spaces
739 designated as provided in this Division. Each parking meter shall
740 be placed or set in such a manner as to show or display a signal
741 that the parking space assigned to it is or is not legally in use
742 and to display, upon deposit of the proper coin of the United
743 States of America therein, a signal indicating legal parking time
744 for the time allotted for such coin for the part of the street upon
745 which such meter is placed. Each meter shall be so arranged that,
746 upon the expiration of such parking limit, or the portion thereof
747 for which the necessary coin or coins have been deposited, it will
748 indicate, by mechanical operation and proper signal, that the
749 lawful parking period has expired.
31
750 Sec. 21-321. Designation of and method of parking in meter spaces.
751
(a) The City Manager or such officers and employees of the
752 City as he shall select shall place lines or markings on the curb
753 or in the street about or alongside of each parking meter installed
754 pursuant to the provisions of this Division, to designate the
755 parking meter space for which such meter is to be used. It shall be
756 unlawful for any person to park any vehicle in any such space,
757 except within the lines and markings designating such space.
758
(b) When a parking space in any parking meter zone is
759 parallel with the adjacent curb or sidewalk, any vehicle parked in
760 such space shall be parked so that the foremost part of such
761 vehicle shall be alongside of and nearest to the parking meter.
762 When a parking space in any parking meter zone is diagonal to the
763 curb or sidewalk, any vehicle parked in such parking space shall be
764 parked with the foremost part of such vehicle directed at and
765 nearest to such meter.
766
(c) The number of vehicles allowed to be parked in a
767 designated parking space in a parking meter zone shall be limited
768 to one (1) vehicle per space.
769
770
Sec. 21-322.
Deposit of coin required; exemption for senior
citizens; overtime parking generally.
771
(a) When any vehicle shall be parked in any parking meter
772 space designated as provided in this Division, the operator of such
773 vehicle shall, upon entering such space, immediately deposit, or
774 cause to be deposited, one or more coins of the United States of
32
775 America in the parking meter adjacent thereto, and such space may
776 then be lawfully occupied by such vehicle during the period of
777 parking time calculated on the basis of seventy-five cents ($0.75)
778 per hour, not to exceed, however, the maximum time prescribed by ~
779 21-423. If such vehicle shall remain in such parking space beyond
780 the period of parking time calculated on the basis of seventy-five
781 cents ($0.75) per hour, the parking meter shall display a sign or
782 signal showing illegal parking, in which event, the vehicle parked
783 in such parking space shall be considered as parked overtime and
784 beyond the period of legal parking time.
785 (b) Notwithstanding the provisions of subsection (a) above,
786 the City Manager or his designee may issue a parking permit to any
787 citizen of the City who is sixty-five (65) years of age or older,
788 which will allow the permittee to park in metered spaces in the
789 area commonly known as Rudee Inlet Loop Wayside without depositing
790 a coin or coins.
791 (c) It shall be unlawful for any person to cause, allow,
792 permit or suffer any vehicle to be parked overtime or beyond the
793 period of legal parking time established for any parking space
794 provided for in this division. It shall likewise be unlawful for
795 any person to permit a vehicle to remain or to be parked in any
796 parking space adjacent to any parking meter installed pursuant to
797 the provisions of this Division while such meter is displaying a
798 signal indicating that the vehicle occupying such parking space has
33
799 already been parked beyond the period of time prescribed for such
800 parking space.
801
802
Sec. 21-323.
Parking for more than three hours in metered space;
exemption for senior citizens.
803
Notwithstanding any other provisions of this Division, and
804 whether or not coins have been deposited in a parking meter, no
805 person shall park a vehicle in any parking space in a parking meter
806 zone established by this Division for longer than three (3) hours
807 at anyone time. The three-hour limit shall not apply to any
808 citizen of the City who is sixty-five (65) years of age or older
809 who is parked in a metered space in the area commonly known as
810 Rudee Inlet Wayside Loop and who has been issued and displays a
811 permit obtained under the provisions of ~ 21-322(b).
812 Sec. 21-324. Hours and dates during which Division is applicable.
813
(a) The provisions of this Division shall apply to parking
814 twenty-four (24) hours per day in all areas, every day including
815 federal and state legal holidays and Sundays from April first to
816 October first of each calendar year.
817
(b)
Pursuant to ~ 21-320, the City Manager shall have the
818 authority to designate specific areas in which the hours and/or
819 dates that the provisions of this Division is applicable are
820 different from the hours and/or dates set forth in subsection (a),
821 provided that any such area 1S clearly identified by signs, curb
822 markings or other means.
34
823
824
Sec. 21-325.
Use of metered space without deposit for loading,
unloading, etc.
825 Operators of delivery vehicles may use, without deposit, any
826 parking meter space referred to in this Division during the actual
827 loading and unloading of such delivery vehicles. Operators of
828 passenger vehicles, commercial or private, may use, without
829 deposit, such a parking meter space for the purpose of promptly
830 receiving or discharging any passenger.
831
832
Sec. 21-326.
Establishment of loading zones, bus stops, etc., in
meter zones.
833 The Director of Public Works may set apart, within the parking
834 meter zones established by this Division, spaces for loading zones,
835 bus stops and other places in which no parking by the general
836 public shall be permitted; provided, however, that taxicab stands
837 within such parking meter zones shall be designated as provided in
838 ~ 36-78 of this Code.
839 Sec. 21-327. Purpose of required deposits.
840
The coins required to be deposited in parking meters, as
841 provided in this Division, are hereby levied and assessed as fees
842 to provide for the proper regulation and control of traffic on the
843 public streets and to cover the cost of the supervision,
844 inspection, installation, operation, maintenance, control and use
845 of the parking meter spaces and regulating the parking of vehicles
846 in the parking meter zones established by this division.
35
847 Sec. 21-328. Appointment of persons to enforce Division.
848
The City Manager is authorized to appoint city personnel
849 and/or personnel serving under contract with the City to enforce
850 the provisions of this Division, except ~ 21-331, in addition to
851 the regular police officers of the City. Such personnel shall wear
852 a uniform as prescribed by the City Manager.
853
854
Sec. 21-329.
Duty of enforcing officers or persons with
reference to violations of Division.
855 Each police officer or other person charged with the duty of
856 enforcing this Division shall take the number of any parking meter
857 at which any vehicle is parked in violation of this Division, the
858 tag number of such vehicle and the length of time during which such
859 vehicle is parked in violation of any provision of this Division
860 and report the same to the police department and make proper
861 complaint touching such violation. Each such officer shall attach
862 to the vehicle in question a notice to the owner thereof that such
863 vehicle has been parked in violation of a provision of the parking
864 meter regulations and instructing such owner when and where to
865 report with reference to such violation.
866
867
868
Sec. 21-330.
Prepayment of penalty for parking in metered spaces
in violation of Division.
(a) When a notice is attached to a vehicle pursuant to ~ 21-
869 329, the owner of the vehicle may, within fourteen (14) calendar
870 days thereafter, pay to the City Treasurer, in satisfaction of the
871 violation for which the notice was given, a penalty of twelve
36
872 dollars ($12.00) for each hour or fraction thereof during which
873 such vehicle occupied a parking meter space illegally. Such payment
874 shall constitute a plea of guilty to the violation in question. If
875 such payment is not postmarked or received by the City Treasurer
876 within fourteen (14) calendar days after receipt of such notice,
877 the penalty for each hour or fraction thereof during which such
878 vehicle occupied a parking meter space illegally shall be twenty-
879 four dollars ($24.00).
880
(b) The failure of any owner to make payment in accord with
881 subsection (a) above or present the citation or notice of violation
882 at any office of the City Treasurer for certification to the
883 General District Court, within thirty (30) days shall render such
884 owner subject to a fine of not more than fifty dollars ($50.00) in
885 addition to the penalty set forth in subsection (a).
886 Sec. 21-331. Injuring, defacing, etc., meters.
887 It shall be unlawful and a Class 1 misdemeanor for any person
888 to deface, injure, tamper with, open or willfully break, destroy or
889 impair the usefulness of any parking meter installed pursuant to
890 this Division.
891
892
893
Sec. 21-332.
Division does not affect other provisions as to
traffic or parking.
Nothing in this Division shall alter or affect any other
894 provision of this Code or ordinance, rule or regulation of the City
895 relating to traffic or parking on any street, alley, lane or
37
896 highway wi thin the City, other than those included wi thin the
897 parking meter zones established by this Division.
898 Sees. 21-333 - 21-349. Reserved.
899
DIVISION 3. RESIDENTIAL PARKING PERMITS
900 Sec. 21-350. Objectives.
901 This Division is adopted in order to reduce nighttime traffic
902 congestion in public streets within residential neighborhoods; to
903 reduce hazardous traffic conditions during nighttime hours in
904 residential neighborhoods caused by the use of such streets for
905 vehicular parking by persons attempting to avoid the use of nearby
906 city meter-regulated parking; to protect residents of such
907 neighborhoods from unreasonable noise and disturbance during
908 nighttime hours; to protect such residents from unreasonable
909 burdens in gaining access to their residences; and to protect and
910 preserve the peace, good order, convenience and character of
911 residential neighborhoods located in close proximity to co~ercial
912 areas of the City.
913 Sec. 21-351. Definitions.
914 As used in this Division:
915 (a) Motor vehicle shall have the meaning set forth in ~ 46.2-
916 100 of the State Code, and shall also include mopeds and
917 motorcycles, as defined therein.
38
918 (b) Residence shall mean a single-family dwelling or a
919 dwelling unit, as defined in 5 111 of the City Zoning Ordinance
920 [Appendix A] .
921 (c) Residential area shall mean an area designated on the
922 zoning map of the City as a residential zoning district or an area
923 containing streets primarily abutted by residences or other
924 noncommercial uses, including, but not limited to, schools, parks
925 and churches.
926 Sec. 21-352. Designation of residential permit parking areas.
927 The City Manager or his designee is hereby authorized to
928 designate as residential permit parking areas street blocks within
929 any residential areas, or part thereof, which is located within
930 one-half mile of a city meter-regulated parking area.
931 Sec. 21-353. Parking restrictions.
932 (a) In any area designated as a residential permit parking
933 area, it shall be unlawful for any person to park or otherwise
934 leave unattended any all-terrain vehicle, bicycle, electric
935 personal assistive mobility device, electric power-assisted
936 bicycle, electric-powered wheeled device, gas-powered wheeled
937 device, low-speed vehicle, moped or similar wheeled device on the
938 street.
939 (b) In any area designated as a residential permit parking
940 area, it shall be unlawful for any person to park any motor vehicle
941 on the street between the hours of 8:00 p.m. and 6:00 a.m. unless
39
942 there is affixed to the driver's side exterior surface of the
943 windshield of such motor vehicle a valid residential parking
944 permit; provided, however, that the provisions of this Section
945 shall not apply to emergency or governmental vehicles, to delivery
946 or service vehicles while engaged in such delivery or service, or
947 to vehicles displaying a valid guest pass plainly visible from the
948 exterior of the vehicle.
949 Sec. 21-354. Permits generally.
950 (a) Following the designation of a residential permit parking
951 area by the City Manager or his designee, the City Treasurer shall
952 issue annual residential parking permits for the area so
953 designated. One (1) permit shall be issued, upon application and
954 payment of the prescribed fee, if applicable, for each motor
955 vehicle owned by a person residing on a street within the
956 residential permit parking area, or on a street within a
957 residential area that is contiguous to the residential permit
958 parking area as specified in subsection (b).
959 (b) An applicant for a permit shall present his motor vehicle
960 registration and operator's license with the application. No permit
961 shall be issued in the event either the registration or operator's
962 license shows an address not within a designated residential permit
963 parking area, unless the applicant demonstrates to the satisfaction
964 of the City Treasurer that he is, in fact, a resident of such area,
965 or that he is a resident of a residential area which is contiguous
40
966 to a designated residential permit parking area and in which
967 neither off-street nor nonmeter-regulated on-street parking is
968 available. Any applicant who is a resident of such a contiguous
969 residential area shall, upon receipt of a permit issued hereunder,
970 be permitted to park in the designated residential permit parking
971 area. Registered residential parking permit holders may obtain
972 annual or temporary guest passes by applying to either the city
973 treasurer's office or the city's parking systems management office.
974 Temporary guest passes shall be issued and validated for up to
975 seventy-two (72) hours.
976 (c) Annual business parking permits shall be issued by the
977 city treasurer's office or the city's parking systems management
978 office to businesses licensed to operate in city meter-regulated
979 parking areas. The number of permits issued to a single business
980 shall be limited to the maximum number of employees required to
981 work after 8:00 p.m. or, in the case of a lodging facility, the
982 number of rooms within such lodging facility that do not have on-
983 site parking, whichever is greater.
984 (d) Permits issued pursuant to subsection (a) shall not be
985 transferable, and may be revoked in the event the City Treasurer
986 determines that the owner of the vehicle for which a permit has
987 been issued no longer resides in the residential permit parking
988 area. Upon written notification of such revocation, the holder of
989 the permit shall surrender such permit to the City Treasurer. The
41
990
991
992
993
994
995
996
997
998
999
1000
1001
1002
1003
1004
1005
1006
1007
1008
1009
1010
1011
1012
1013
willful failure to surrender such permit shall be punishable by a
fine in the amount of twenty-five dollars ($25.00).
(e) Permits issued pursuant to subsection (c) shall be
transferable, and may be revoked in the event the City Treasurer's
office determines that the number of permits exceeds the allowable
number according to the criteria set forth in subsection (c).
(f) A replacement permit shall be issued upon proof of loss,
theft or damage of the original permit, and payment of the
replacement fee prescribed in ~ 21-359.
Sec. 21-355. Signs.
Following the designation of a residential permit parking
area, the traffic engineer shall cause to be posted in appropriate
locations within such area signs indicating the restrictions set
forth in ~ 21-353.
Sec. 21-356. Unauthorized use or display of permit.
It shall be unlawful for any person to use or display, or to
allow to be used or displayed, a permit issued under this Division
upon any vehicle other than the vehicle for which the permit was
issued.
Sec. 21-357. Obtaining permit by false pretenses.
It shall be unlawful for any person falsely to represent
himself as eligible for a permit under this division or to furnish
any false information in, or in conjunction with, an application
for a residential parking permit.
42
21-358. Penalties for violation of residential parking
restrictions.
1014 Sec.
1015
1016
(a) When a notice or citation is attached to a vehicle parked
1017 in violation of '5 21-353, the owner may within fourteen (14)
1018
1019
calendar days thereafter,
pay to the City Treasurer,
in
satisfaction of such violation, a penalty of thirty-five dollars
1020 ($35.00). If such payment is not postmarked or received by the City
1021 Treasurer within fourteen (14) calendar days after receipt of such
1022 notice or citation, the penalty therefore shall be seventy dollars
1023 ($70.00). Additionally, any vehicle parked in violation of '5 21-353
1024 may be towed at the direction of a law enforcement officer.
1025
(b) The failure of any owner to make payment in accordance
1026 with subsection (a) above or to present the notice or citation for
1027 a violation of '5 21-353 at an office of the City Treasurer for
1028 certification to the General District Court within thirty (30) days
1029 shall render such owner subject to a fine of not more than fifty
1030 dollars ($50.00) in addition to the penalty set forth in subsection
1031
1032
1033
(a) above.
(c) A violation of '55 21-356 or 21-357 shall be punishable by
a fine in an amount not to exceed one hundred dollars ($100.00).
1034 Sec. 21-359. Fees.
1035
1036
1037
1038
Fees required under this Division shall be as follows:
(a) For an annual residential parking permit, no fee for the
first two (2) permits issued for a single residence, and five
dollars ($5.00) for each additional permit.
43
1039
1040
1041
1042
1043
1044
1045
1046
1047
1048
1049
1050
1051
1052
1053
1054
1055
1056
1057
1058
1059
1060
1061
1062
(b) For an annual business parking permit, ten dollars
($10.00) each for the first five (5) permits issued, and twenty
dollars ($20.00) for each additional permit.
(c) For a replacement business parking permit, twenty dollars
($20.00) .
(d) For an annual or replacement guest permit, two dollars
($2.00) .
(e) For a temporary guest permit, no fee.
Sec. 21-360. Appointees to enforce parking regulations.
The City Manager shall be authorized to appoint city personnel
and/or personnel serving under contract with the City, in addition
to regular police officers of the city, to enforce the provisions
of this Division. Such personnel shall, while performing their
duties pursuant to this Division, wear a uniform prescribed by the
City Manager.
Sees. 21-361 - 21-399. Reserved.
ARTICLE IV. USE OF TOW TRUCK SERVICE TO ENFORCE PARKING
RESTRICTIONS ON PRIVATE PROPERTY
Sec. 21-400. Definitions.
Unless a different meaning is required by the context, the
following terms, as used in this Division, shall have the meaning
hereinafter respectively ascribed to them:
Custodian means any person who is in possession and control of
a vehicle whether or not such person is the registered owner of the
44
1063
1064
1065
1066
1067
1068
1069
1070
1071
1072
1073
1074
1075
1076
1077
1078
1079
1080
1081
1082
1083
1084
1085
vehicle. A person who is in possession of the ignition key to a
vehicle, and who is also in possession of a valid driver's license,
shall be deemed to be the "custodian" of such vehicle.
Decal-controlled parking area means a parking area In which
parking is limited to vehicles on which a decal, sign, placard or
similar authorization issued by the owner, lessee or agent of the
parking area is conspicuously displayed.
Operator means any person operating a tow truck for a tow
truck service.
Tow truck service means a person engaged in any business which
provides the services of one or more tow trucks for hire or use to
tow, transport or move motor vehicles on or from public streets or
on or from private property by way of public streets.
Tow truck service storage yard means any property, including
the premises of any service station, upon which vehicles are stored
that have been towed from privately owned lots or property at the
request of the owner, lessee or agent of such lot or property and
without the consent of the owner of the vehicle towed.
Sec. 21-401. Applicability of Division.
The provisions of this Division shall apply only to tow
services which tow vehicles on or from privately owned lots or
property, at the request of the owner of such lot or property and
without the consent of the owner of the vehicle towed.
45
1086
1087
1088
1089
1090
1091
1092
1093
1094
1095
1096
1097
1098
1099
1100
1101
1102
1103
1104
1105
1106
1107
1108
Sec. 21-402. Violations of Division.
(a) It shall be unlawful for any person to violate or refuse,
fail or neglect to comply with any of the provisions of this
Division. Each day that a continuing violation of the provisions of
any Section of this Division occurs shall constitute a separate
violation.
(b) Any person violating any provision of this Division shall
be guilty of a Class 1 misdemeanor.
Sec. 21-403. Signs required on property.
(a) Each owner of private property having parking facilities
accessible to the public, and offering parking to its customers,
clientele, residents, lessees or guests, who intends to enforce
parking restrictions by the use of a tow truck service, shall post,
at each point of ingress and egress to the parking area, clearly
legible signs, visible and unobstructed day and night upon entering
the parking area, that contains the following wording and sets
forth the hours of enforcement:
PRIVATE PARKING
NAME OF BUSINESS
RESIDENTS/CUSTOMERS/CLIENTELE/
LESSEES/GUESTS ONLY
TOWING ENFORCED
HOURS OF ENFORCEMENT
46
1109
1110
1111
1112
1113
1114
1115
1116
1117
1118
1119
1120
1121
1122
1123
1124
1125
1126
1127
1128
1129
1130
1131
1132
Unauthorized cars towed at owner's expense: $
night. Call (telephone number of tow truck
day or
service) for
location and information concerning return of car if towed.
With respect to retail establishments, this sign shall also
contain the wording "WHILE ON THE PREMISES" following the
wording "CUSTOMERS ONLY. " Finally, this sign or an
accompanying sign shall indicate whether the parking area is
decal-controlled and shall contain the name and telephone
number of any contracted towing service.
(b) The signs required by this Section shall be at least
thirty-six (36) inches in width and thirty (30) inches in height.
Lettering for the capitalized words shall be at least three (3)
inches in height and, for all other lines, at least one and one-
half (1 1/2) inches in height. The face of the sign shall be
composed of an engineering grade reflectorized sheeting or like
material. The name of the business may be on a separate sign, but
must be adjacent to the primary sign containing the information
required by this Section. The provisions of subsection (a) above
shall be applicable to any parking area located on private property
including parking areas of apartment houses, condominiums and
nonprofit organizations.
(c) In addition to the provisions of subsections (a) and (b)
above, if towing is enforced twenty-four (24) hours a day, the sign
or signs required by this section shall include the wording "TOWING
47
1133
ENFORCED TWENTY-FOUR (OR 24) HOURS A DAY" in letters at least three
1134 (3) inches in height. In the alternative, an accompanying sign
1135
1136
1137
containing this wording in letters of the same height may be placed
adjacent to each sign required by subsection (a) above.
(d) Vehicles may be towed from designated fire lanes approved
1138 by the fire department on private parking areas open to the public
1139
1140
1141
1142
1143
on which are posted signs as required by subsection (a) above,
provided that such fire lanes are properly marked, including the
posting of above grade signs stating FIRE LANE-TOWING ENFORCED.
(e) It shall be unlawful for any tow truck service or
operator to tow or otherwise move a vehicle from any privately
1144 owned land or property within the City, unless such land or
1145
1146
1147
1148
1149
1150
1151
1152
1153
1154
1155
1156
1157
property is properly signed in accordance with this Section.
Sec. 21-404.
Business license requirements; identification of
tow trucks.
(a) No tow truck service or operator shall remove any vehicle
from public or private property unless the tow truck service
possesses a valid business license issued in accordance with
Chapter 18 of this Code.
(b) All tow trucks operated by a tow truck service shall
display the name, address and telephone number of the owner thereof
on both sides of the tow truck on permanently mounted signs or
painted directly on the body of the truck in reflectorized letters
large enough to be readily legible, but in no case less than two
(2) inches in height. It shall be unlawful to operate a tow truck
48
1158
1159
1160
1161
1162
1163
1164
1165
1166
1167
1168
1169
1170
1171
1172
1173
1174
1175
1176
1177
1178
1179
1180
1181
1182
displaying an incorrect name or address, or a telephone number
which is incorrect or not in service.
Sec. 21-405.
Release of vehicle to owner or custodian prior to
towing.
(a)
If the owner or custodian of any vehicle not authorized
to be parked in a private parking area returns after a tow truck
service has arrived but before the vehicle has been towed from the
private parking area, he may reclaim the vehicle whether or not it
is fully hooked up to the tow truck, and it shall be unlawful for
the tow truck service or operator to refuse to release the vehicle.
However, if the vehicle has been hooked up, or is in the process of
being hooked up, the tow truck operator may charge a drop fee not
to exceed twenty-five dollars ($25.00) before releasing the vehicle
or discontinuing the towing process. The process of hooking up
shall be defined as (i) the removal and/or unreeling of any towing
equipment from the tow truck after the truck is positioned to
effect the tow, whether or not the equipment has been attached to
the vehicle, or (ii) the lowering of a hydraulically-operated lift
in preparation for loading the vehicle.
(b)
If the owner or custodian is unable or refuses to pay the
fee set forth in subsection (a) above, the vehicle may be towed and
the tow truck service may charge its basic fee for the tow.
Whenever a vehicle is towed under these circumstances, the tow
truck operator shall permit the owner or custodian to remove
personal items from the vehicle prior to the tow.
49
1183
1184
1185
1186
1187
1188
1189
1190
1191
1192
1193
1194
1195
1196
1197
1198
1199
1200
1201
1202
1203
1204
1205
1206
(c) No tow truck operator shall request payment of the fee
set forth in subsection (a) above or tow any vehicle thereafter if
the charge is not paid unless he shall first provide to the owner
or custodian of the vehicle a copy of this section. The tow truck
operator, upon receiving such payment, shall provide to the owner
or custodian a legible receipt containing the name of the towing
service, the date, time and place of vehicle release, and the name
of the tow truck operator. A copy of the receipt shall be retained
by the tow truck service for a period of one (1) year and shall be
made available for inspection by City police or the Commissioner of
the Revenue during the normal business hours of the tow truck
service.
(d) Notwithstanding any provision of this Section to the
contrary, if a police officer determines that a vehicle is needed
as evidence in a criminal matter, or concludes that, based upon
surrounding circumstances, the failure to release a vehicle is
likely to result in a disturbance of the public peace and good
order, such officer may order release of the vehicle without
immediate payment by the owner or custodian thereof of the fee set
forth in subsection (a) above; provided, however, that nothing
herein shall preclude a tow truck service or operator from civilly
pursuing payment of such fee at a later date from the owner or
custodian of the vehicle, or from the owner, lessee or agent of the
parking area.
50
1207
1208
Sec. 21-406. Police to be notified of removal of vehicle.
(a) At the time of removal of any vehicle by a tow truck
1209 service operator, or no later than thirty (30) minutes thereafter,
1210 the police dispatcher shall be notified of such removal, specifying
1211 the location of the storage yard to which the vehicle will be towed
1212 and the telephone number which the owner should call to reclaim the
1213 vehicle. The police dispatcher shall be given the license number
1214 and state of issuance of the license and, if known, the vehicle
1215 identification number and the make, model, and year of the vehicle
1216 towed or to be towed.
1217
(b) If notified by the dispatcher or any law enforcement
1218 officer that the vehicle is subject to seizure by law enforcement
1219
1220
1221
1222
1223
1224
1225
1226
authorities for evidentiary purposes, the tow truck operator or
towing service shall forthwith relinquish the vehicle to such
authorities and shall not be entitled to recover any costs or fees.
Sec. 21-407.
Charges for towing and storage of vehicle; receipt
required.
(a) No tow truck service or operator operating within the
City shall, at any time, charge a basic towing fee greater than the
fees set forth below:
Gross weight of vehicle Maximum fee
11,000 pounds or less $ 85.00
11,001 pounds or more 285.00
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The basic fee shall be inclusive of any additional towing
services such as the use of a dolly. This subsection shall apply
only when a vehicle is moved or towed without the prior consent and
agreement of the owner or custodian of the vehicle.
(b) No tow truck service or operator shall assess any charges
for storage for the initial twenty-four (24) hours, nor charge more
than twenty dollars ($20.00) per twenty-four-hour period
thereafter, for any vehicle with a gross weight of 11,000 pounds or
less removed from private property without the consent of the owner
or custodian of the vehicle, whether such tow originates in this
City or any other jurisdiction. For vehicles with a gross weight of
more than 11,000 pounds, a storage fee not to exceed twenty dollars
($20.00) per twenty-four-hour period may be assessed after the
first twenty-four (24) hours. Delays caused by storage yard
personnel shall not be included when computing storage charges.
(c) If any vehicle is not redeemed within seven (7) days
after it is towed, the tow truck service shall be entitled to
recover an additional fee, not to exceed fifty dollars ($50.00), as
payment for the cost of any search conducted to determine the
registered owner and lien holder, if any, of the vehicle.
(d) No tow truck service or operator shall charge any fee for
mileage, or any other fee in addition to the basic towing fee set
forth in subsection (a) above.
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(e) A monetary receipt for each and every fee collected must
be given to those persons whose vehicles have been towed by a tow
truck service, or released after hook up, upon release of the
vehicle. The information on the receipt must be clearly legible and
include the time, date and place of the tow, the name of the tow
truck operator who made the tow, and the name of the tow truck
service for which said operator works. The receipt must also list
the amount of money paid for the release of the vehicle, any
additional charges incurred in the tow, and the reason for said
additional charges. The following shall be printed conspicuously on
every receipt: "NOTICE: Virginia Beach City Code ~ 21-407 (f)
requires the tow company to offer you a Survey and Comment Form
with this receipt." A copy of the receipt must be retained by the
tow truck service for a period of one (1) year and shall be made
available for inspection by city police or the Commissioner of the
Revenue during normal business hours of the tow truck service
owner.
(f) A survey and comment form, developed by the Towing
Advisory Board, shall be offered to those persons whose vehicles
have been towed by a tow truck service, or released after hookup,
upon release of the vehicle.
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Sec. 21-408. Requirements for storage yard.
(a) At the storage yard of each tow truck service, there
shall be a sign prominently displayed specifying tow and storage
rates.
(b) If an attendant is not on duty twenty-four (24) hours a
day, seven (7) days a week, to return vehicles upon the payment of
towing and storage charges, the sign provided for in subsection (a)
hereof shall also contain a telephone number where the owner,
manager or attendant of the tow truck service storage yard may be
reached at any time so that a towed vehicle may be reclaimed by its
owner in a minimum amount of time, not to exceed two (2) hours.
(c) Each tow truck service storage yard shall provide
reasonable security and protection for all vehicles towed, whether
such tow originates in this City or any other jurisdiction,
including illumination of the storage area during hours of
darkness, and including a fence enclosing the storage yard if an
attendant or security guard is not on duty twenty-four (24) hours a
day, seven (7) days a week.
(d) During the hours of darkness, the operator shall provide
an area sufficiently illuminated to enable an owner to inspect a
vehicle prior to removing it from the storage yard.
(e) It shall be unlawful to operate any tow truck service
storage yard or to deposit, impound or store any towed vehicle
therein, unless said yard is in full compliance with the sign,
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security and lighting requirements of this Section and with all
applicable zoning regulations, licensing requirements and use
permits, established by this Code.
Sec. 21-409. Tow truck service operator's log.
Tow trucks service operators shall, within thirty (30) minutes
of vehicle hook up, complete a record of the make, model, year and
vehicle identification number, if known, of the vehicle, its
license number and state of issuance, the time, date and place of
removal, the name of the tow truck operator who made the tow and,
for each entry of tow, the signature of the owner of the private
lot, or his representative, requesting and authorizing the tow
shall be required. A letter of authorization from the owner of the
private lot or his representative, when carried in the tow truck
making the tow, shall be sufficient to meet this latter
requirement. Such record shall be retained by the tow truck service
for not less than one (1) year, and shall be available for
inspection by City police during normal business hours of the tow
truck service owner, including any time that a vehicle is being
impounded or reclaimed. Failure to keep and retain such a record,
or omitting to make a true and complete entry for each vehicle
towed, or failure to surrender such record to any police officer
upon request shall be unlawful.
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Sec. 21-410.
Miscellaneous prohibited acts by tow truck service
or operator.
Except when acting as an agent in the legal repossession of a
vehicle, it shall be unlawful for any tow truck service or operator
to:
(1) Tow or otherwise move a vehicle from any area or portion
of a public street without either the consent of the
owner or custodian of the vehicle or authorization from a
police officer or other designated official of the City.
(2) Block the movement of or tow or otherwise move a vehicle
from any private road, driveway or any other privately
owned land or property wi thin the City without the
consent of the owner or custodian thereof, unless:
(i) The vehicle is parked in a designated parking space
of a decal-controlled parking area and is not
displaying a decal or other form of authorization
issued by the owner, lessee or agent of such
parking area;
(ii) The vehicle is parked in a designated parking space
of a non-decal-controlled parking area during any
period when the business(es)
serviced by the
parking is (are) open, and the tow truck operator
obtains the written consent of the owner, lessee or
agent of such parking area prior to towing the
vehicle; or
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(iii) The vehicle is parked in a non-decal-controlled
parking area during any period when the
business(es) serviced by the parking area is (are)
closed, and towing is enforced twenty four (24)
hours a day by such business(es); or
(iv) The vehicle is parked on any portion of a parking
area in such manner as to block ingress or egress
to the parking area, or to block access to a
dumpster or properly marked service or delivery
area, or is otherwise parked in a portion of the
parking area that is not specifically designated,
by lines, curbs or similar markings, as an area for
the parking of vehicles.
No vehicle shall be towed pursuant to subsections (i)
(ii), (iii), or (i v) unless there is a written contract
between the tow truck service and the owner, lessee or
agent of the parking area to remove all unauthorized
vehicles from the parking area, the tow truck operator
has a copy of such contract in his or her possession, and
the owner, lessee or agent has complied with all of the
signage requirements set forth in ~ 21-403.
(3) Tow or otherwise move a vehicle from any private road or
dri veway, or from any other privately owned land or
property wi thin the City to a place out of the City
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wi thout the consent of the owner or custodian of the
vehicle; provided that, after a period of not less than
twenty-four (24) hours following the initial towing of a
vehicle, as recorded in the police dispatcher's log, any
such vehicle may be moved to a storage area located
outside of the City, with prior notification to and
approval of the police department. Notwithstanding the
above, if a tow truck service or operator owns or leases
a storage area located outside of the City, and such
storage area is closer to the location from which a
vehicle is towed than the closest in-city storage area
owned or leased by the tow truck service or operator,
such vehicle may be initially towed to the storage area
located outside of the City, provided the tow truck
service or operator is authorized to do business in both
cities, charges a fee not greater than that fee
authorized in Virginia Beach and invoices the tow in
Virginia Beach.
(4) Block any vehicle, other than when on the property of the
tow truck service, to prevent the movement thereof by its
owner or custodian who has appeared prior to the vehicle
being hooked up and desires to move the vehicle.
(5) Wait for employment by standing or parking on public
property.
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(6) Drive a tow truck or wrecker along any street to solicit
towing.
(7) Tow or otherwise move a vehicle from any place in the
city utilizing a wrecker or tow truck which is not
insured as required by ~ 18-55.1 of this Code.
(8) Provide false information to any police dispatcher
concerning any vehicle towed.
(9) Require the owner of any towed vehicle to wait for a
period exceeding two (2) hours for release of a vehicle.
Any delay over two (2) hours caused by failure to monitor
or respond to calls placed to the operator's designated
telephone number shall constitute a violation of this
Section.
(10) Move any vehicle to any intermediate place of storage, or
to any location other than to the registered secure
storage yard of a tow truck service, unless specifically
requested by the owner or custodian of said vehicle.
(11) During the initial twenty-four (24) hours after the
vehicle is towed and upon request by any owner or
custodian of a currently licensed vehicle, deny or
prevent access to said vehicle for the purpose of
removing personal items, whether or not the owner or
custodian is then able to reclaim the vehicle. After the
initial twenty-four (24) hours has expired and upon the
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request by any owner or custodian of a currently licensed
vehicle, no tow truck service or operator shall refuse to
allow such owner or custodian access to such vehicle once
per day between the hours of 8:00 a.m. and 5:00 p.m.
(12) Assess any charge or fee in excess of, or in addition to,
the charges and fees authorized by this Division.
(13) Fail to provide a monetary receipt, for each and every
fee collected, containing the notice provision outlined
in ~ 21-407(e).
(14) Fail to make the survey and comment form developed by the
Towing Advisory Board available when the vehicle is
retrieved.
Sees. 21-411 - 21-499. Reserved.
ARTICLE V. VEHICLE SIZE, WEIGHT AND LOAD.
Sec. 21-500. Temporary reduction of weight limit.
(a) The City Manager may make, promulgate and enforce rules
and regulations decreasing the weight limits prescribed in sections
46.2-1122 through 46.2-1127 of the Code of Virginia, for a total
period not to exceed ninety (90) days in any calendar year, when an
engineering study discloses that operation of vehicles over
highways or streets under the jurisdiction of the City, by reason
of deterioration or rain, snow or other climatic conditions, will
seriously damage such highways or streets unless such weights are
reduced.
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(b)
In all instances where the limits for weight have been
reduced by the City Manager pursuant to this Section, signs stating
the weight permitted on such highway or street shall be erected at
each end of the section of highway or street affected and no such
reduced limits shall be effective until such signs have been
posted.
( c)
It shall be unlawful for any person to operate a vehicle
or combination of vehicles over or upon any highway, street or
section thereof when the weight exceeds the maximum posted by
authority of the City manager pursuant to this Section.
(d) Any person convicted of a violation of any provision of
this Section shall be punished by a fine of not less than ten
dollars ($10.00) nor more than five hundred dollars ($500.00), or
be confined in jail for not less than one day nor more than six (6)
months, or both, and the vehicle or combination of vehicles
involved in such violation may be held upon an order of the court
until all fines and costs have been satisfied.
Sec. 21-501. Special per.mits for oversize and overweight vehicles
generally.
(a) The City Manager may, in his discretion, upon application
in writing and good cause being shown therefore, issue a special
permit in writing authorizing the applicant to operate or move a
vehicle upon the highways of the City of a size or weight exceeding
the maximum specified in this Article. Except as otherwise
specifically provided, every such permit may designate the route to
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be traversed and contain any other requirements or conditions
deemed necessary by the City Manager. For permits other than those
specified in subsections (b), (c) and (d), the following processing
fees shall be charged:
(1) Annual (blanket) permit. . . $300.00
(2) Restricted equipment . 75.00
(3) Single trip permit 75.00
(b) Special permits to operate or move a vehicle upon the
highways of the City of a weight exceeding the maximum specified in
this Article shall be granted without cost where the vehicle is
hauling or carrying containerized cargo in a sealed, seagoing
container bound to or from a Virginia seaport and has been or will
be transported by marine shipment, provided the single axle weight
does not exceed twenty thousand (20,000) pounds, the tandem axle
weight does not exceed thirty-four thousand (34,000) pounds and the
gross weight does not exceed eighty thousand (80,000) pounds, and
provided the contents of such seagoing container are not changed
from the time it is loaded by the consignor or his agents to the
time it is delivered to the consignee or his agents. Cargo moving
in vehicles conforming to specifications shown in this subsection
but exceeding axle and gross weight limitations shown in this
subsection shall be considered irreducible and eligible for permits
under regulations of the State Highway and Transportation
Commission. The requirement of this paragraph that the container be
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bound to or from a Virginia seaport need not be met if the cargo in
the container (i) is destined for a seaport outside Virginia and
(ii) consists wholly of farm products grown in that part of
Virginia separated from the larger part of the Commonwealth by the
Chesapeake Bay.
(c) The City Manager upon application in writing made by the
owner or operator of three-axle vehicles used exclusively for the
mixing of concrete in transit or at a project site or for
transporting necessary components in a compartmentalized vehicle to
produce concrete immediately upon arrival at the project site, and
having a gross weight not exceeding sixty thousand (60,000) pounds,
a single axle weight not exceeding twenty thousand (20,000) pounds,
and a tandem axle weight not exceeding forty thousand (40,000)
pounds, shall issue to such owner or operator, without cost, a
permit in writing authorizing the operation of such vehicles upon
the highways of the City. No such permit shall be issued
authorizing the operation of the vehicles enumerated ln this
subsection for a distance of more than twenty-five (25) miles from
a bat ching plant; however, the said permit shall not designate the
route to be traversed nor contain restrictions or conditions not
applicable to other vehicles in their general use of the highways.
(d) The City Manager, upon application in writing made by the
owner or operator of three-axle passenger buses, consisting of two
(2) sections joined together by an articulated j oint with the
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trailer being equipped with a mechanically steered rear axle, and
having a gross weight not exceeding sixty thousand (60,000) pounds,
a single axle weight not exceeding twenty-five thousand (25,000)
pounds and a width not to exceed one hundred two (102) inches,
shall issue to such owner or operator, without cost, a permit in
writing authorizing the operation of such vehicles upon the
highways.
(e) No permit issued under this Section providing for a
single axle weight in excess of twenty thousand (20,000) pounds or
for a tandem axle weight in excess of thirty-four thousand (34,000)
pounds shall be issued to include travel on the federal interstate
system of highways.
(f) Each vehicle, when loaded according to the provisions of
a permit issued under this Section, shall be operated at a reduced
speed. The reduced speed limit shall be ten (10) miles per hour
slower than the legal limit in fifty-five (55), forty-five (45) and
thirty-five (35) miles per hour speed limit zones.
(g) Every permit issued under this Section shall be carried
in the vehicle to which it refers and shall be open to inspection
by any officer and it shall be a misdemeanor for any person to
violate any of the terms or conditions of such special permit.
Sec. 21-502. Penalty for violation of weight limits.
Any person violating any weight limits as provided in this
Chapter or any permit issued by either the Department of
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Transportation or by the City pursuant to this Article shall be
subject to a civil penalty of twenty-five dollars ($25.00) and a
processing fee of twenty dollars ($20.00) in addition to any
liquidated damages and weighing fees imposed by this Article. Upon
collection by the Department or by the court, the civil penalty
shall be forwarded to the City Treasurer, to be allocated to the
fund appropriated for the construction and maintenance of City
highways; and the processing fee shall be paid to the state
treasury to be used to meet the expenses of the Department of Motor
Vehicles.
The penal ties, damages and fees specified in this Article
shall be in addition to any other liability which may be legally
fixed against the owner, operator or other person charged with the
weight violation for damage to a highway or bridge attributable to
such weight violation.
Sec. 21-503. Reduction of noise from loads.
No vehicle shall be loaded with materials likely to create
loud noises by striking together, without using every reasonable
effort to deaden the noise.
Sees. 21-504 - 21-599. Reserved.
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CHAPTER 23
OFFENSES - MISCELLANEOUS
Sec. 23-7.4. Duty to obey traffic signs and signals and orders of
police officers.
pedestrians shall obey signs and signals erected on highways
or streets for the direction and control of travel and traffic and
they shall obey the orders of police officers engaged in directing
travel and traffic on the highways and streets. Violations of this
section shall be punished by a fine not exceeding two hundred
dollars ($200.00) for each offense.
CHAPTER 33
STREETS AND SIDEWALKS
Sec. 33-9.1. Per.mits for parades and processions.
No procession or parade, excepting the forces of the United
States Army or Navy, the military forces of the state, the forces
of the police and fire departments of the city and funeral
processions, shall occupy, march or proceed along any street or
highway in the City, except in accordance with a permit issued by
the city manager and such other regulations as are set forth in
Chapter 21 which may apply.
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CHAPTER 35
TAXATION
ARTICLE XV. LOCAL VEHICLE LICENSE.
Sec. 35-275. Local vehicle license term; definition.
(a) After the transition period described in this Article,
the term for the license for motor vehicles, trailers and
semitrailers required by this Article shall be one (1) year, which
shall correspond to the identical period for the state vehicle
registration for that vehicle, trailer or semitrailer. Every local
vehicle license term shall begin at the time when the vehicle,
trailer or semitrailer is registered by the State Department of
Motor Vehicles, and shall expire at the same time the state
registration expires, which is the last day of the twelfth month
next succeeding the date of registration, as provided by Code of
Virginia ~ 46.2-646. Every local vehicle license, unless otherwise
provided, shall be renewed annually on application by the owner and
by payment of the fees required by law, with the renewal to take
effect on the first day of the month succeeding the date of
expiration. If the State Department of Motor Vehicles offers a
quarterly or multi-year registration option and if the vehicle
owner chooses this option, then the local vehicle license term
shall match the term chosen by the owner for the state vehicle
registration, with the annual fee prorated as necessary.
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(b) As used in this Article, "local vehicle license" shall
mean the license authorized by Code of Virginia 5 46.2-752 to be
required for motor vehicles, trailers and semitrailers.
(c) Notwithstanding the provisions of subsection (a), if the
State Department of Motor Vehicles offers a permanent registration
option and if the vehicle owner chooses this option, then the term
of the local vehicle license for this vehicle shall correspond to
the period for which the state registration is valid, subject to
payment of the fee established in 5 35-280 of this Article. No
further fee shall be required as long as the title for the vehicle
remains vested in the owner. Furthermore, no fee shall be charged
for any vehicle permanently licensed by the state prior to January
1, 2003.
Sec. 35-276. Applicability of Article.
The requirements of this Article shall be applicable to any
motor vehicle, trailer or semitrailer normally garaged, stored or
parked in this City. If it cannot be determined where any vehicle
is normally garaged, stored or parked, or if the owner of any
vehicle is a student attending an institution of higher education,
then the requirements of this Article shall be applicable if the
owner of such vehicle is domiciled in this City.
Sec. 35-277. General procedure.
(a) Pursuant to a contractual arrangement with the City, the
State Department of Motor Vehicles shall collect the local vehicle
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license fees required by this article, or portions thereof, for the
City, as authorized by Code of Virginia, 5 46.2-756. Local vehicle
license fees shall be collected at the same time state vehicle
registration fees are remitted.
(b) No vehicle shall be subject to a local vehicle license
tax or fee in more than one (1) jurisdiction for the same time
period.
(c) The following shall govern situations in which a vehicle
acquires situs in the City after a local vehicle license has been
issued by a jurisdiction that does not participate in the
department of motor vehicles' local vehicle registration program:
(1) If the state registration expires before the local
vehicle license, then a prorated portion of the local
license fee, giving credit for the months paid in the
other non-participating jurisdiction, shall be due when
the state registration is renewed; and
(2) If the state registration expires after the local vehicle
license, no local vehicle license fee shall be charged
for the time period between the expiration of the local
vehicle license issued by the non-participating locality
and the expiration of the state registration.
(d) Proration of the vehicle license fee shall not be
required when a vehicle acquires situs in the City after a local
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vehicle license for this vehicle has been purchased through the
Department of Motor Vehicles' local vehicle registration program.
Sec. 35-278. Exemptions.
(a) No person shall be required to pay the local vehicle
license fee prescribed by this Article on any vehicle for which a
registration certificate and license is not required by Code of
Virginia, Title 46.2, on any vehicle specifically exempt under the
provisions of Code of Virginia, ~ 46.2-755, or on any vehicle owned
solely by a person in active military service, who is in the City
solely by reason of military orders and who has a legal residence
in a state other than Virginia.
(b) Upon presentation to the Commissioner of the Revenue of
proof that the vehicle is exempted under this Section, the
commissioner of the revenue shall notify the State Department of
motor vehicles that no fee is required for such vehicle; provided,
however, that military personnel exempt from this section who
register a vehicle in Virginia for the first time must initially
report this status to the Department of Motor Vehicles. The form of
this proof shall be a military leave and earnings statement current
within ninety (90) days.
(c) In the event that the status of the owner of the vehicle
changes so as to no longer qualify the vehicle for the exemption
provided herein, the owner shall notify the Commissioner of the
Revenue within ten (10) days of the date of such change in status,
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and shall comply with all other provisions of this Article. The
Commissioner of the Revenue shall notify the State Department of
Motor Vehicles of each such change in status.
Sec. 35-279. Application.
The local vehicle license application shall be combined with
the state vehicle registration application in a form satisfactory
to the City Manager and the State Department of Motor Vehicles.
Each local vehicle license fee shall be paid to the State
Department of Motor Vehicles at the same time as the state vehicle
registration fee is collected, as authorized by Code of Virginia, ~
46.2-756.
Sec. 35-280. License requirement; imposition of fee.
(a) There is hereby imposed a requirement for a local vehicle
license, for the terms as established by this Article, on motor
vehicles, trailers and semitrailers, regularly kept in the City and
used upon public roadways of the City. The amount of the fee for
this license shall be as set forth in the following subsections of
this Section, and shall be due annually at the same time the state
registration is obtained, unless specifically provided for
otherwise. A valid vehicle registration, issued by the State
Department of Motor Vehicles after April 21, 2003, shall, as
necessary, document compliance with the local vehicle license
requirements imposed by this ordinance and serve as a license.
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(b) The license fee on a motor vehicle, designed and used for
the transportation of passengers, which is self-propelled or
designed for self-propulsion, shall be, except as otherwise
specifically provided in this Section, imposed in accordance with
the following schedule:
(1) Motor vehicles weighing four thousand (4,000)
pounds or less, and pickup trucks with a gross
weight of four thousand (4,000) pounds or less
$25.00
(2) Motor vehicles weighing more than four
thousand (4,000) pounds, and pickup trucks
with a gross weight from four thousand and one
(4,001) pounds to seven thousand five hundred
(7,500) pounds
(3) Motorcycle. .
(4) Antique motor vehicles licensed permanently
pursuant to Code of Virginia, ~ 46.2-730
(motorcycles or cars). . . .
(5) Any motor vehicle, trailer or semitrailer upon
which well-drilling machinery is attached
and which is permanently used solely for
transporting such machinery and any
specialized mobile equipment as defined by
Code of Virginia, ~ 46.2-700 . . . . .
$30.00
$23.00
$13.50
$15.00
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(c) (1) Unless otherwise specified in this Article, the
license fees for trailers and semitrailers not designed
and used for the transportation of passengers on the
highways in the commonwealth shall be as follows:
Registered Gross Annual Fee Permanent Fee
Weight
0-1,500 Ibs. $ 7.50 $ 52.00
1,501-4,000 $18.00 $ 52.00
4,001 Ibs and above $25.50 $ 52.00
(2) The license fee for each trailer or semitrailer designed
for use as living quarters for human beings shall be
twenty-five dollars ($25.00).
(3) The license fee for all trailers designed exclusively to
transport boats or horses shall be seven dollars and
fifty cents ($7.50).
(d) There is hereby imposed a license fee, to be paid by the
owner, upon each motor vehicle not designed and used for the
transportation of passengers, whether operated under lease or not.
The amount of the license fee shall be determined by the gross
weight of the vehicle or combination of vehicles of which it is a
part, when loaded to the maximum capacity for which it is
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registered and licensed by the state, according to the following
schedule:
Pounds
4,000 or less
4,001--16,000
16,001--17,000
17,001--18,000
18,001--19,000
19,001--20,000
20,001--21,000
21,001--22,000
22,001--23,000
23,001--24,000
24,001--25,000
25,001--26,000
26,001--27,000
27,001--28,000
28,001--29,000
29,001--30,000
30,001--31,000
31,001--32,000
32,001--33,000
33,001--34,000
34,001--35,000
Fee
$24.00
29.00
30.80
32.10
33.40
34.70
36.00
37.30
38.60
39.90
41.20
42.50
43.80
45.10
46.40
47.70
49.00
50.30
51.60
52.90
54.20
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1756 35,001--36,000 55.50
1757 36,001--37,000 56.80
1758 37,001--38,000 58.10
1759 38,001--39,000 59.40
1760 39,001--40,000 60.70
1761 40,001--41,000 62.00
1762 41,001--42,000 63.30
1763 42,001--43,000 64.60
1764 43,001--44,000 65.90
1765 44,001--45,000 67.20
\
1766 45,001--46,000 68.50
1767 46,001--47,000 69.80
1768 47,001--48,000 71.10
1769 48,001--49,000 72.40
1770 49,001--50,000 73.70
1771 50,001--51,000 75.00
1772 51,001--52,000 76.30
1773 52,001--53,000 77.60
1774 53,001--54,000 78.90
1775 54,001--55,000 80.20
1776 55,001--56,000 81.50
1777 56,001--56,800 82.80
1778 56,801 & over . . . 85.00
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(e) In the case of a combination of a truck or tractor truck
and a trailer or semitrailer, each vehicle constituting a part of
such combination shall be registered as a separate vehicle, and a
separate local vehicle license fee shall be imposed thereon, but,
for the purpose of determining the gross weight group into which
any such vehicle falls pursuant to subsection (d) of this Section,
the combination of vehicles of which such vehicle constitutes a
part shall be considered a unit, and the aggregate gross weight of
the entire combination shall determine such gross weight group. In
determining the fee to be paid for the local license for a truck or
tractor truck constituting a part of such combination, the fee
shall be assessed on the total gross weight of the combination when
loaded to the maximum capacity for which it is registered and
licensed. However, there shall be no deduction from this fee for
the local vehicle license fee of the trailer or semitrailer in the
combination.
Sec. 35-281. Transition period, billing and schedule.
(a) A transition period, with prorated license fees, as
authorized by Code of Virginia, 5 46.2-752, will be necessary to
adjust to a system in which the term of each local vehicle license
conforms to state registration renewal periods. The transition
period shall cover the time from January 1, 2003, through June 30,
2005; the transition billing shall be administered by the
Department of Motor Vehicles during 2003.
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(b) The transition billing shall modify the local vehicle
license term from the twelve-month period to correspond to the date
that the state registration period for that vehicle expires. During
this period, the local vehicle license fee amount shall equal one-
twelfth of the annual fee required for that vehicle, trailer or
semitrailer, multiplied by the number of months from January 1,
2003 until the state registration for the vehicle must be renewed;
this determination shall be made on the day preceding the
implementation of local vehicle licensing through the department of
motor vehicles.
Sec. 35-282. Proration of fee.
If proration is necessary in any case, a license fee equal to
one-twelfth of all fees required for that vehicle, trailer or
semitrailer, multiplied by the number of months for which a local
registration fee is owed within the state registration period,
shall be collected. The fee shall be computed to the nearest cent.
Sec. 35-283. Payment of personal property taxes and local vehicle
license fees prerequisite to state licensing; duties
of City Treasurer.
(a)
Pursuant to Code of Virginia, ~ 46.2-752(J), the
Commissioner of the State Department of Motor Vehicles shall not
issue or renew any state vehicle registration of any applicant
therefor who owes the City any local vehicle license fees or
delinquent personal property tax. Before being issued any state
vehicle registration or renewal of such license or registration by
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the Commissioner of the State Department of Motor Vehicles, the
applicant must first pay all such local vehicle license fees and
delinquent personal property taxes and present satisfactory
evidence that all such local vehicle license fees and delinquent
personal property taxes have been paid in full.
(b) The Treasurer shall have the duty of transmitting all
necessary information about unpaid delinquent personal property
taxes to the State Department of Motor Vehicles required to ensure
that no license is issued to any person with delinquent personal
property taxes. If a license is denied by the Department of Motor
Vehicles due to unpaid personal property taxes, the Treasurer shall
update records of the Department of Motor Vehicles after such taxes
have been paid or exonerated by the Commissioner of the Revenue.
Sec. 35-284.
Vehicle license at no charge for members of
volunteer fire companies or rescue squads,
auxiliary police officers, volunteer police
chaplains, auxiliary deputy sheriffs, disabled
veterans and surviving spouses of disabled
veterans.
For members of the various volunteer fire companies and rescue
squads in the City, auxiliary police officers serving the City,
volunteer police chaplains of the City, auxiliary deputy sheriffs
serving the City, disabled veterans as exempted by Code of
Virginia, ~ 46.2-756(B) there shall be no charge for local vehicle
licenses, in accord with the following provisions:
(1) No license fee shall be charged for one (1) vehicle owned
by each active member of the various volunteer fire companies and
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rescue squads, each active auxiliary police officer, each active
volunteer police chaplain, and each active auxiliary deputy
sheriff, and each such volunteer who, although presently inactive,
has completed ten (10) or more years of active service in the City.
Such persons shall submit a letter to the Commissioner of the
Revenue from the Chief of his fire company or rescue squad or, in
the case of auxiliary police officers and volunteer police
chaplains, from the Chief of Police, or in the case of auxiliary
deputy sheriffs, from the Sheriff, stating that he is an active
member of the company or squad or is an active auxiliary police
officer, volunteer police chaplain or auxiliary deputy sheriff, or
that, if inactive, he has completed ten (10) or more years of
active service. The preceding exemption from the license fee shall
apply to active members of volunteer fire companies and rescue
squads, and each active auxiliary police officer, volunteer police
chaplain and auxiliary deputy sheriff, regardless of whether the
volunteer owns or leases the vehicle for which the exemption is
requested.
(2) Each such volunteer fire company or rescue squad member,
auxiliary police officer, volunteer police chaplain and auxiliary
deputy sheriff shall, at the time the license fee is exempted,
agree to notify the Commissioner of the Revenue, if and when such
volunteer becomes inactive prior to completing ten (10) or more
years of active service.
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(3) The Chief of each volunteer fire company and rescue
squad, the Chief of Police, and the Sheriff shall submit to the
Commissioner of the Revenue the names and length of active
volunteer service of members, auxiliary police officers and police
chaplains and auxiliary deputy sheriffs who become inactive.
(4) No local vehicle license fee shall be charged for one (1)
motor vehicle owned and personally used by any disabled veteran and
each surviving spouse of a disabled veteran exempted from paying an
annual registration fee by Code of Virginia, ~ 46.2-739(B).
Sec. 35-285. Disposition of taxes generally.
All local vehicle license fees collected under this Article by
the State Department of Motor Vehicles shall be deposited into a
fiduciary account and held in trust for the City. Each month, such
fees shall be delivered to the City Treasurer, who shall credit
such fees to the general fund of the City.
Sec. 35-286. Refund for unused portion of license fee.
Any person who has paid a current license fee, and who moved
out of state, or who disposes of the vehicle for which it was paid
or otherwise surrenders its registration, may inform the State
Department of Motor Vehicles, and request a refund for the unused
portion of the license fee paid under this Article. The State
Department of Motor Vehicles shall refund to the applicant a
prorated portion, in six-month increments, of the local vehicle
license fee, if application for the refund is made when six (6) or
80
1895 more months are remaining in the license period, in the same manner
1896 as provided by Code of Virginia, 5 46.2-688.
1897
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1899
1900
1901
Sees. 35-287 - 35-299. Reserved.
BE IT FURTHER ORDAINED, this Ordinance shall become effective
March 1, 2006.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 13th day of December
, 2005.
APPROVED AS TO CONTENTS:
APPROVED AS TO LEGAL SUFFICIENCY:
~~
Ci y.. tor y' 5 --:fice ~
CA-9602
ORDRES/PROPOSED/Chapter 21 Traffic Code ord
R-10
November 29, 2005
81
- 27-
Item V-K.2.
ORDINANCES
ITEM # 54716
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to A UTHORlZE the assignment of the Agreement of Purchase and
Sale for and the acquisition of real property in the amount of $5,000,000 from
OBFP, Inc., re the Virginia Aquarium's Animal Care Annex.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter
W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 13, 2005
1
2
3 AN ORDINANCE TO APPROVE AND
4 AUTHORIZE THE ASSIGNMENT OF THE
5 AGREEMENT OF PURCHASE AND SALE FOR
6 AND THE ACQUISITION OF A 38+/- ACRE
7 PARCEL OF REAL PROPERTY FOR
8 $ 5 , 000 , 000 FROM OBFP, INC. , A
9 VIRGINIA CORPORATION, FOR LOCATION
10 OF THE VIRGINIA AQUARIUM ANIMAL CARE
11 ANNEX
12
13
14 WHEREAS, a 38+/- acre parcel of real property located adjacent
15 to the Virginia Aquarium and Marine Science Center (the "Aquarium")
16 and Owls Creek has been identified as a prime site for the location
17 of the Aquarium's Animal Care Annex due to the site's proximity to
18 the Aquarium and the availability of saltwater access to Owls
19 Creek;
20
WHEREAS, OBFP,
Inc., a Virginia corporation, owns the
21 identified 38+/- acre site (the "Property");
22 WHEREAS, the Virginia Aquarium & Marine Science Foundation,
23 Inc., a Virginia corporation (the "Foundation"), or its assigns,
24 has contracted to purchase the Property from OBFP by a certain
25 Agreement of Purchase and Sale dated October 12, 2005 (the
26 "Agreement") ;
27 WHEREAS, the Foundation is willing to assign to the City of
28 Virginia Beach (the "City") its rights under the Agreement for
29 purchase of the Property;
30 WHEREAS, the City Council of the City of Virginia Beach,
31 Virginia (the "City Council"), 1S of the opinion that the
32 assignment of the Agreement and the acquisition of the Property
33 pursuant to the Agreement would be in the best interest of the
34 C i t Y i
35 WHEREAS, funding for this acquisition is available and has
36 been appropriated in CIP 3-292 Animal Care Annex and CIP 4-004
37 Open Space Fund.
38 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
39 BEACH, VIRGINIA:
40 1. That the City Council approves and authorizes the
4] assignment of the Agreement of Purchase and Sale for and the
42 Acquisition of a 38+/- acre parcel of real property (the
43 "Property") for $5,000,000 from OBFP, Inc., a Virginia corporation,
44 by purchase pursuant to ~ 15.2-1800 of the Code of Virginia, 1950,
45 as amended, which Property is shown on Exhibit A attached hereto.
46 2. That the City Manager or his designee is authorized to
47 execute, on behalf of the City of Virginia Beach, an Assignment of
48 Agreement of Purchase and Sale for the Property in accordance with
49 the Summary of Terms attached hereto as Exhibit B.
50 3. That funds for the acquisition of the Property have been
5] appropriated as follows:
52 $1,500,000 from CIP 3-292 Animal Care Annex
53 $3,500,000 from CIP 4-004 Open Space Fund
54 4. That for any portion of the Property purchased with Open
55 Space funds, if subsequently sold and/or used for purposes other
56
than Open Space,
the Open Space Fund will be reimbursed
57 accordingly.
58
5.
That the City Manager or his designee lS further
59 authorized to execute all documents that may be necessary or
60 appropriate in connection with the assignment and purchase of the
61 Property, so long as such documents are consistent with the terms
62 contained in the Agreement, as assigned, are documents typically
63 executed and delivered in connection with real estate transactions
64 of this nature and are acceptable to the City Manager and the City
65 At torney .
66
67 Adopted by the Council of the City of Virginia Beach, Virginia, on
13th day of December
, 2005.
68
the
APPROVED AS TO CONTENT
~~.~
Mus ms & Cultural
Arts
APPROVED AS TO
LEGAL SUFFICIENCY
~~J(Ad
La partment
CA-9712
F:\Data\ATY\OID\REAL ESTATE\Assorted Projects\Virginia Aquarium - Animal Care Annex\assignment
and acquisition ordinance. animal care annex. doc
R-l
PREPARED: November 30, 2005
t''iHIBIT A
LOCATION MAP
PROPERTY OF OBFP, INC.
GPIN 2416-67-8078
SCALE: 1" = 600'
PREPARED BY PM ENG. DRAFT. 22-NOV-2005
EXt+\'BIT 1>
SUMMARY OF TERMS
OF AGREEMENT OF PURCHASE AND SALE
AND ASSIGNMENT OF AGREEMENT OF PURCHASE AND SALE
VIRGINIA AQUARIUM AND MARINE SCIENCE FOUNDATION, INC., or its Assigns
FROM OBFP, INC.
GPIN 2416-67-8078
PURCHASER:
Virginia Aquarium and Marine Science Foundations, Inc., or its
assigns (City of Virginia Beach)
DEPOSIT:
$1,000.00, to be applied to the purchase price
CLOSING:
90 day due diligence period, closing 30 days after due diligence
assuming contingencies met
SIZE:
38.64 :!: Acres
DESCRIPTION:
Parcel 3, Beach District, Eastern Shore Subdivision
PURCHASE
PRICE:
$5,000,000.00
CONTINGENCIES:
90 day due diligence period, expires January 10, 2006
ASSIGNMENT:
Contingent upon the appropriation of funds for the purchase of the
property
REAL ESTATE
COMISSIONS:
None
F:\Data\A TY\OID\REAL ESTA TE\Assorted Projects\Virginia Aquarium - Animal Care Annex\Summary of Terms.doc
- 28-
Item V-K.3.a.
ORDINANCES
ITEM # 54717
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to A UTHORIZE temporary encroachment into the City's right-of-
way:
MARY K. andMICHAELL. SIZEMORE at 2401 Whaler Court
re replacement of a fence (deferred on August 9, 2005)
(DISTRICT 5 - LYNNHA VEN)
The following conditions shall be required:
1. The temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and the
City of Virgin ia Beach, and in accordance with the City's specifications
and approval.
2. The temporary encroachment shall terminate upon notice by the City
to the applicant and, within thirty (30) days after such notice is given,
the temporary encroachment must be removed from the encroachment
area by the applicants and the applicants will bear all costs and
expenses of such removal.
3. The applicants shall indemnify and hold harmless the City, its agents
and employees from and against all claims, damages, losses and
expenses, including reasonable attorney's fees in case it shall be
necessary to file or defend an action arising out of the location or
existence of the temporary encroachment.
4. Nothing herein contained shall be construed to enlarge the permission
and authority to permit the maintenance or construction of any
encroachment other than that specified herein and to the limited extent
specified herein, nor to permit the maintenance and construction of any
encroachment by anyone other than the applicant.
5. 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 Office of Development
Services Center/Planning Department prior to commencing any
construction within the encroachment area.
7. Prior to issuance of a right-of-way permit, the applicant must post a
bond or other security, in accordance with their engineer's cost
estimate, to the Office of Development Services Center/Planning
Department.
December 13, 2005
- 29-
Item V-K.3.a.
ORDINANCES ITEM # 54717 (Continued)
8. The applicant must obtain and keep inforce 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
insured or loss payee, as applicable. The applicant agrees to carry
comprehensive general liability insurance in an amount not less than
Five Hundred Thousand Dollars ($500,000), combined single limits of
such insurance policy or policies. The applicant 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 applicant assumes all
responsibilities and liabilities, vested or contingent, with relation to the
temporary encroachment.
9. The City, upon revocation of such authority and permission so granted,
may remove the temporary encroachment and charge the cost thereof
to the applicant and collect the cost in any manner provided by law for
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 property tax upon the land so
occupied if it were owned by the applicant; and, if such removal shall
not be made within the time ordered herein above, the City may 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
continue thereafter and shall collect such compensation and penalties
in any manner provided by law for the collection of local or state taxes.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter
W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 13, 2005
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE A
4 TEMPORARY ENCROACHMENT INTO
5 A PORTION OF THE RIGHT-OF-WAY
6 KNOWN AS OCEAN SHORE AVENUE,
7 FORMERLY KNOWN AS OCEAN
8 AVENUE, LOCATED AT 2401
9 WHALER COURT BY MARY K.
10 SIZEMORE AND MICHAEL L.
11 SIZEMORE, THEIR HEIRS, ASSIGNS
12 AND SUCCESSORS IN TITLE
13
14 WHEREAS, Mary K. Sizemore and Michael L, Sizemore desire to maintain a 4-
15 foot fence, encroaching approximately two feet for a distance of approximately thirty feet
16 into the City's right-of-way located at 2401 Whaler Court.
17 WHEREAS, City Council is authorized pursuant to ~~ 15.2-2009 and 15.2-2107,
18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
19 City's right-of-way subject to such terms and conditions as Council may prescribe,
20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22 That pursuant to the authority and to the extent thereof contained in ~~ 15.2-
23 2009 and 15,2-2107, Code of Virginia, 1950, as amended, Mary K, Sizemore and
24 Michael L. Sizemore, their heirs, assigns and successors in title are authorized to
25 construct and maintain a temporary encroachment for a fence in the City's right-of-way
26 as shown on the map entitled: "PHYSICAL SURVEY OF LOT 1, BLOCK C
27 CHESAPEAKE BAY SHORES, SECTION III, RESUBDIVISION OF LOTS 'R', IS', 'T'
28 AND A PORTION OF '0' AMENDED MAP - PROPERTY OF L YNNHA VEN BEACH
29 AND PARK CO. 2401 WHALER COURT, VIRGINIA BEACH, VA FOR SOLLIE W.
30 KElLlHAN & PATRICIA l. KElLlHAN" a copy of which is on file in the Department of
31 Public Works and to which reference is made for a more particular description; and
32 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly
33 subject to those terms, conditions and criteria contained in the Agreement between the
34 City of Virginia Beach and Mary K. Sizemore and Michael l. Sizemore (the
35 "Agreement"), which is attached hereto and incorporated by reference; and
36 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
37 is hereby authorized to execute the Agreement; and
38 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
39 time as Mary K. Sizemore and Michael l. Sizemore and the City Manager or his
40 authorized designee execute the Agreement.
41 Adopted by the Council of the City of Virginia Beach, Virginia, on the
42 13th day of December , 2005.
43
44 ~PPROVED AS TO CONTENTS
45 'I.(J)mts C. cYfw~
46 SIGNA TURE
47 Pill Rud Edat
48 DEPARTMENT
49
50
51
52
53
54
55
56
57
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
CA- 9351
PR~PAREQ: 7mp5
F;IDataIATYIOrdinINONCODElpw ORDINICA9351 Sizemore.doc
PREPARED BY VIRGINIA BEACH
CITY ATroRNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(c) (3)
THIS AGREEMENT, made this 19th day.of October
, 2004, by and
between the CITY OF, VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor,
"City", and MARY K. SIZEMORE AND MICHAEL L. SIZEMORE, THEIR HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one.
WIT N E SSE T H:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "Lot 1, Block C, Section 3, Chesapeake Bay Shores" as shown
on plat entitled, "PLAT SHOWING CHESAPEAKE BAY SHORES SECTION III
RESUBDIVISION OF LOTS R, S, T AND A PORTION OF Q AMENDED MAP -
PROPERTY OF LYNNHAVEN BEACH AND PARK CO LYNNHAVEN BOROUGH
VIRGINIA BEACH VIRGINIA SCALE:!" 40 OCTOBER 21 1977" on a plat recorded in Map
Book 124 at Page 51, in the Clerk's Office of the Circuit Court in the City of Virginia Beach,
Virginia, and being further designated and described as 2401 Whaler Court, Virginia Beach,
Virginia 23451;
WHEREAS, it is proposed by the Grantee to construct and maintain a 4-foot
fence encroaching approximately two feet into the City's right-of-way, for a distance of
approximately thirty feet, "Temporary Encroachment", in the City of Virginia Beach;
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of existing City right of way, formerly known
as Ocean Avenue and now known as Ocean Shore A venue "The Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within The Encroachment Area.
GPIN 1590-20-1848-0000
1
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One DolJa, ($1.00), in
hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the
Grantee permission to use The Encroachment Area for the purpose of cons!ructing and
maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroaehq'z'nt will be
constructed and maintained in accordance with the laws of the Commonwealth \,irginia and
the City of Virginia Beach, and in accordance with the City's specifications and <lppr,wal and is
more particularly described as follows, to wit:
A Temporary Encroachment into The Encroachment Area <13
shown on that certain plat entitled: "PHYSICAL SURVEY ()F
LOT 1, BLOCK C CHESAPEAKE BAY SHORES, SECTION m
RESUBDIVISION OF LOTS 'R', 'S', 'T' AND A PORTION or
'Q' AMENDED MAP - PROPERTY OF L YNNHA VEN BEACH
AND PARK CO. 2401 WHALER COURT, VIRGINIA BEAC!l
VA. FOR SOLLIE W. KELLIHAN & PATRICIA I"
KELLIHAN" a copy of which is attached hereto as Exhibit I', l\ \
and to which reference is made for a more particular description
It is further expressly understood and agreed that the Temporary Eneroachment
herein authorized terminates upon notice by the City to the Grantee, and that wi~.;J hichirty (30)
days after the notice is given, the Temporary Encroachment must be removcll from The
Encroachment Area by the Grantee; and that the Grantee will bear all costs and expen'3CS of such
removal.
It is further expressly understood and agreed that the Grantee shan ir'i:1:mnify and
hold harmless the City, its agents and employees, from and against all claims, tb'lfc,ges, losses
and expenses including reasonable attorney's fees in case it shall be necessary [()
or defend an
action arising out ofthe location or existence of the Temporary Encroachment.
2
'~L
It is further expressly understood and agreed that nothing herein contained shall
be construed to enlarge the permission and authority to permit the maintenance or construction of
any encroachment other than that specified herein and to the limited extent specified herein, nor
to permit the maintenance and construction of any encroachment by anyone other than the
Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain
the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Development Services Center/Planning Department prior to commencing any
construction within The Encroachment Area.
It is further expressly understood and agreed that prior to issuance of a right of
way permit, the Grantee must post a bond or other security, in accordance with their engineer's
cost estimate, to the Office of Development Services Center/Planning Department.
It is further expressly understood and agreed that the Grantee must obtain and
keep in force all-risk property insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the City as additional 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 Grantee will provide endorsements providing at least thirty (30) days
written notice to the City prior to the cancellation or tennination 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.
3
It is further expressly understood and agreed that the City, upon revocation of
such authority and permission so granted, may remove the Temporary Encroachment and charge
the cost thereof to the Grantee, and collect the cost in any manner provided by law for the
collection of local or state taxes; may require the Grantee to remove the Temporary
Encroachment; and pending such removal, the City may charge the Grantee for the use of The
Encroachment Area, the equivalent of what would be the real property tax upon the land so
occupied if it were owned by the Grantee; and if such removal shall not be made within the time
ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is
allowed to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Mary K. Sizemore and Michael L. Sizemore, the said
Grantee has caused this Agreement to be executed by his/her/their signature. Further, that the
City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by
its City Manager and its seal be hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
4
'ffi~K ~
Mary K. izemore
~7Y1.f.) t~,~,~
Michael L. S~more
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, CITY MANAGER! AUTHORIZED
, 2004, by
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2004, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
Notary Public
My Commission Expires:
5
In the NA:..)~ (Branch of Service) of the United States.
I, Sho.u(\ ])e...n~ \ ~ , a commission~d officer of the U5~ (Branch of
Service) of the United States with the rank of E.y"\~'ljn of Bn\~,~rc. ,
J-.1o.("y\o.t"'\C'\ (home address of commissioned officer), do certify that
l"b.C"'f t.. 51'~c.mo('"e , whose name is signed to the writing ab~ve, bearing date on the \C\----
day of Ocrobe..<" ,2004, and who, or whose consort, is a c... \~ \"Z..e.r> of the United
States and whose address is ~4D\ Wh'\\l" < c..+. , \I\o{'~\""'\l<'LBe'.oc..-'" , V'>('5',(,,\~C. , has
acknowledged the same before me.
Given under my hand this Iq...... day of Oc-\c'oe.:( ,2004.
~n.._'l: D
Notary Public
...
In the ~"y.
(Branch of Service) of the United States.
I, SnaUt""l ~c.Y"\'C""l \~ , a commissioned officer of the us...l (Branch of
Service) of the United tates with the rank. of E..ns"~n of 8cL\+I........c{ f' ,
Ma.fY \o.~ (home address of commissioned officer), do certify that
j ~1 ,ad, S\'l.e.n"\C n' , whose name is signed to the writing above, bearing date on the ~
day of Odo \:leI' , 2004, and who, or whose consort, is a c.. \ -\- IL..~..... of the United
States and whose address is OlLfC' w\'o.\e..\- LT- ,,, ,c?J'Y""\ Ie. oeacl, , \/1""'3''''\(.1 , has
acknowledged the same before me.
Given under my hand this \q+'<' day of Oc...-Tcber- , 2004.
Mr- cc ..Q
Notary Public
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFIECIENCY AND FORM
k,.". ""r' ( ( . (J
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SI~NATURE
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AMENDED MAP- PROPERTY OF 0 . Lt?
LYNNHAVEN BEACH AND PARK C1.S^J '.' ~
2401 Wl-lAL~fl COURT, VIRGINIA 8 Cflf V~
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LAKE CDWAFlD NORTH INe
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SHOWING
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LYNNHAVEN BEACH AND PARK CO
LYNNHAVEN BOROUGH
VIRGINIA BEACH VIRGINIA
SCAI..! I- 40
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,2,1.ipJ WHALE:~ Cou...~T
City of Virgirl.ia Beach
LESLIE L. LILLEY
CITY A TIORNEY
/:0t?>UC 0/0
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MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9004
(757) 427-4531
FAX (757) 426-5687
TOO (757) 427-4305
August 9, 2005
The Honorable Meyera E. Oberndorf, Mayor
Members of City Council
Municipal Center
Virginia Beach, V A 23456
Re: Agenda for August 9, 2005 - Encroachment/WhaIer Court - Agenda Item 1.4
Dear Mayor Oberndorf and Members of Council:
As I advised you, an injunction action has been filed by property owners at 2411 Ketch Court
regarding encroachments and the city easement between adjoining property owners, on Ketch
Court and Whaler Court. Item 1.4 on your agenda is an encroachment request initiated by
another property owner on Whaler Court.' While the two matters are unrelated, I recommend that
you defer the encroachment request on your agenda today so that the issues common to both
matters can be resolved in a consistent manner.
Thank you for your consideration.
Very truly yours,
LLL:lh
c: James K. Spore, City Manager
Charlie M. Meyer, Chief Operating Officer
I9ath Hodges Smith, City Clerk
vDean Block, Public Works Director
.-.!:
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LOCATION MAP SHOWING
PROPERTY OF
MARY K. SIZEMORE AND MICHAEL LOUIS SIZEMORE
FOR A FENCE ENCROACHMENT AT
2401 WHALER COURT
GPIN 1590-28-1848
SCALE: 1" = 100'
PREPARED BY P.W. ENG. CADD 11-18-04
- 30-
Item V-K.3.b.
ORDINANCES
ITEM # 54718
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to A UTHORlZE temporary encroachment into the City's right-of-
way:
SANDRA CHALMERS MCLAUGHLIN at 109 82nd Street re
maintenance of a fence (DISTRICT 5 - LYNNHA VEN)
The following conditions shall be required:
1. The temporary encroachment will be constructed and maintained
in accordance with the laws of the Commonwealth of Virginia
and the City of Virginia Beach, and in accordance with the City's
specifications and approval.
2. The temporary encroachment shall terminate upon notice by the
City to the applicant and, within thirty (30) days after such notice
is given, the temporary encroachment must be removedfrom the
encroachment area by the applicant and the applicant will bear
all costs and expenses 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'sfees in case
it shall be necessary to file or defend an action arising out of the
location or existence of the temporary encroachment.
4. Nothing herein contained shall be construed to enlarge the
permission and authority to permit the maintenance or
construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to permit
the maintenance and construction of any encroachment by
anyone other than the applicant.
5. The applicant agrees to maintain the Temporary Encroachment
so as not to become unsightly or a hazard.
6. The applicant must obtain and keep in force all risk property
insurance and genera/liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the
City as additional insured or loss payee, as applicable. The
applicant agrees to carry comprehensive general liability
insurance in an amount not less than Five Hundred Thousand
Dollars ($500,000), combined single limits of such insurance
policy or policies. The applicant 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 applicant assumes all
responsibilities and liabilities, vested or contingent, with relation
to the temporary encroachment.
December 13, 2005
- 31 -
Item V-K.3.b.
ORDINANCES
ITEM # 54718 (Continued)
7. The applicant must submit for review and approval, a survey for 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.
8. The City, upon revocation of such authority and permission so granted,
may remove the temporary encroachment and charge the cost thereof
to the applicant and collect the cost in any manner provided by law for
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 property tax upon the land so
occupied if it were owned by the applicant; and, if such removal shall
not be made within the time ordered herein above, the City may 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
continue thereafter and shall collect such compensation and penalties
in any manner provided by law for the collection of local or state taxes.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter
W. Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 13, 2005
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE A TEMPORARY
4 ENCROACHMENT 10' INTO A PORTION OF THE RIGHT OF
5 WAY LOCATED AT 109 82nd STREET BY SANDRA
6 CHALMERS MCLAUGHLIN (A/KlA SANDRA C. MCLAUGHLIN
7 AND SANDRA FRANCES CHALMERS MCLAUGHLIN), HER
8 HEIRS, ASSIGNS AND SUCCESSORS IN TITLE
9
10 WHEREAS, Sandra Chalmers McLaughlin (A/KlA Sandra C. McLaughlin and
11 Sandra Frances Chalmers McLaughlin) desires to maintain an existing fence 10' within
12 the City's right of way located at 109 82nd Street.
13 WHEREAS, City Council is authorized pursuant to SS 15.2-2009 and 15.2-2107,
14 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
15 City's right-of-way subject to such terms and conditions as Council may prescribe.
16 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA:
18 That pursuant to the authority and to the extent thereof contained in SS 15.2-
19 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Sandra Chalmers
20 McLaughlin (A/KlA Sandra C. McLaughlin and Sandra Frances Chalmers McLaughlin),
21 her, assigns and successors in title are authorized to maintain a temporary
22 encroachment for a fence 10' into the City's right-of-way as shown on the map marked
23 as Exhibit "A" and entitled: "PHYSICAL SURVEY OF LOT 10, BLOCK 11 CAPE
24 HENRY SECTION-D L YNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA FOR
25 BRUCE C. McLAUGHLIN AND SANDRA C. McLAUGHLIN," a copy of which is on file in
26 the Department of Public Works and to which reference is made for a more particular
27 description; and
28 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly
29 subject to those terms, conditions and criteria contained in the Agreement between the
30 City of Virginia Beach and Sandra Chalmers McLaughlin (AlKlA Sandra C. McLaughlin
31 and Sandra Frances Chalmers McLaughlin) (the "Agreement"), which is attached hereto
32 and incorporated by reference; and
33 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
34 is hereby authorized to execute the Agreement; and
35 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
36 time as Sandra Chalmers McLaughlin (AlKlA Sandra C. McLaughlin and Sandra
37 Frances Chalmers McLaughlin) and the City Manager or his authorized designee
38 execute the Agreement.
39 Adopted by the Council of the City of Virginia Beach, Virginia, on the
40 13thdayof December ,2005.
41
42 APPROVED AS TO CONTENTS
43 CJnfJnlJ; C. ~(,{)5~
44 SiGNATURE
45 Pw RffJ FSiat
46 DEPARTMENT
47
48 APPROVED AS TO LEGAL
49 SUFFICIENCY AND FORM
~~ J(/Af/iR~/Itt~
52
53 CA':'9669
54 PREPARED:n1W05
55 X:\Projects\Encroachments\Applicants\McLaughlin, Sandra 82nd Street - RB\Ordinance Encroachment.Frm.doc
56 F;IDataIATYIOrdinINONCODElpW ORDINICA9669 McLaughlin.doc
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDA TION TAXES
UNDER SECTION 58.1-811(c) (3)
THIS AGREEMENT, made this 20th day of
July
,2005 by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor,
"City", and SANDRA CHALMERS MCLAUGHLIN (NK/A SANDRA C. MCLAUGHLIN
AND SANDRA FRANCES CHALMERS MCLAUGHLIN), HER HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE, "Grantee", even though more than one.
WIT N E SSE T H:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as Lot 10, Block 11, as shown on that certain plat entitled: "PLAN
OF LOTS SITUATE IN PRINCESS ANNE CO., VA. LAID OUT BY CAPE HENRY
SYNDICATE" and recorded in Map Book 7, Page 79 in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia, and being further designated and described as 109 82nd
Street, Virginia Beach, Virginia 23451;
WHEREAS, it is proposed by the Grantee to maintain an existing fence,
"Temporary Encroachment", in the City of Virginia Beach;
WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the
Grantee encroach 10' into a portion of an existing City right of way known as 82nd Street. "The
Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within The Encroachment Area.
GPIN: NO GPIN ASSIGNED TO RIGHT OF WAY
2419-69-0568
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in
hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the
Grantee permission to use The Encroachment Area for the purpose of constructing and
maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of Virginia and
the City of Virginia Beach, and in accordance with the City's specifications and approval and is
more particularly described as follows, to wit:
A Temporary Encroachment into The Encroachment Area as
shown on that certain plat entitled: "PHYSICAL SURVEY OF
LOT 10, BLOCK 11 CAPE HENRY SECTION-D
L YNNHA VEN BOROUGH, VIRGINIA BEACH, VIRGINIA
FOR BRUCE C. McLAUGHLIN AND SANDRA C.
McLAUGHLIN," a copy of which is attached hereto as Exhibit
"A" and to which reference is made for a more particular
description.
It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30)
days after the notice is given, the Temporary Encroachment must be removed from The
Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such
removal.
It is further expressly understood and agreed that the Grantee shall indemnify and
hold harmless the City, its agents and employees, 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.
2
It is further expressly understood and agreed that nothing herein contained shall
be construed to enlarge the permission and authority to permit the maintenance or construction of
any encroachment other than that specified herein and to the limited extent specified herein, nor
to permit the maintenance and construction of any encroachment by anyone other than the
Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain
the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must 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 Grantee will provide endorsements providing at least thirty (30) days
written notice to the City prior to the cancellation or termination of, or material change to, any of
the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the Temporary Encroachment.
It is further expressly understood and agreed that the Grantee must submit for
review and approval, a survey of The Encroachment Area, certified by a registered professional
engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment
sealed by a registered professional engineer, if required by either the City Engineer's Office or
the Engineering Division of the 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
3
the cost thereof to the Grantee, and collect the cost in any manner provided by law for the
collection of local or state taxes; may require the Grantee to remove the Temporary
Encroachment; and pending such removal, the City may charge the Grantee for the use of The
Encroachment Area, the equivalent of what would be the real property tax upon the land so
occupied if it were owned by the Grantee; and if such removal shall not be made within the time
ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is
allowed to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Sandra Chalmers McLaughlin (AlK/A Sandra C.
McLaughlin and Sandra Frances Chalmers McLaughlin), the said Grantee has caused this
Agreement to be executed by hislher/their signature. Further, that the City of Virginia Beach has
caused this Agreement to be executed in its name and on its behalf by its City Manager and its
seal be hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
~"Y\~ L ha.\V'\!~ ~C La.u.c\~"-.
andra Chalmers McLaughlin
(AIK/ A Sandra C. McLaughlin and
Sandra Frances Chalmers McLaughlin)
4
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2005, by
, CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2005, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
Notary Public
My Commission Expires:
STATE OF VIRGINI~ " A"
CITY/~ OF \)~ Jf)Uo. bJJ~o-wit:
"^ ~"
The foregoing instrument was acknowledged before me this~ day of
Jual&
, 2005, by Sandra Chalmers McLaughlin (AlK/A Sandra C. McLaughlin and
Sandra Frances Chalmers McLaughlin).
My Commission Expires: ,03"'~ t -()(Q
~~; / O. tJl~lJfV)Q1Ju;~
Notary PublIc u
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFIC)ENCY AND FORM
~ 9 UIltJtrW
\ XL C 7Ct
'-." ''jj )})[ ~ .' . to aO.sCh
v
SIGNATURE
PlD kf:c.1 Es.iafi
DEPARTMENT
5
X:\Projects\Encroachrnents\Applicants\McLaughlin, Sandra 82nd Street - RB\Agreement Encroachrnent.Frm.doc
6
--
Exhibit "A"
lIilS is TO .,din THAT WE ON. .__._._.-!!!!I.~-'~J!!96 SURVEYED THE PROPtRTY SHOWN ON II liS f'l ^I
i\NO THtJ. ) THE TITLE LINES AND THE WALLS OF THE BUILDINGS ARE AS SHOWN ON THIS P
smlcrL Y WITlilN THE TITLE LINES, AND THERE ARE NO ENCROACHMENTS OF orHER BU
rXO:f'T ^S SHOWN. THIS SURVEY WAS PREPARED WITHOUT TI~E GENF.FIT OF A LEG
.f
BENCH MARK. INC, ..
BEGINNING POINT OF DEVELOPMENT B
FLOOD DATA
THIS PROPERTY APPEARS TO FALL INSIDE FLOOD ZONE = ~
AS SHOWN ON F.E,!,l,A, FLOOD MAP COMMUNITY NUMBER _ 3/55JI
PANEL NUMBER 00100 , DATED 8118192
lL
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NINETEENTH STREET (PLA T)
82ND STR~eT (FInD)
PHYSICAL SURVEY
OF
LOT 10, BLOCK 1/
CAPE HENRY
SECTJON-D_____
f6~NHA VEN BOROUGH. VIRGINf,;frrrE~&. ~Rfl in
BRUCE C, McLAUGHLIN AND SANDRA C. McLAUGHLIN
WE ACKNCJ..'iLECGE AND ACCEPr ALL EJ\SEIvIENrS I
RESTRIcrroNS AND ENCROACHMEN'rS ON THIS SURVEY.
0/17/96
Bruce C. ~k:Laughl in
6/17/96
BENCH MARK
B1:GIHNIHG PoI"T bfj.C r1;V.., n",,~
SCAU:
DATE
{"25
--
-
~.,-~-- -------~----
-- Juur;.1LJ2.96
PROJ ~jQ . _~(JJn{j
[)fL'\\l,I~JPY 0/('
.?-\ (\ tJ
LOCATION MAP
ENCROACHMENT REQUEST
FOR A WOOD FENCE
SANDRA C. MCLAUGHLIN
GPIN 2419-69-0568
MCLAUGHLlN.DGN M.j.S.
PREPARED BY PM' ENG. CADD DEPT. FEB. 22, 2005
- 32-
Item V-K.3.c.
ORDINANCES
ITEM # 54719
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to A UTHORIZE a temporary encroachment into the City's right-
of way:
MICHAEL T. and JENNIFER LYNCH at the rear of 2345 Bayville
Road on Lake Joyce re construction of two piers, existing dock and
riprap. (D~TSTRfCT 5 LYN,V-gAVEN) (DISTRICT 4 - BAYSIDE)
The following conditions shall be required:
1. The temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and the
City of Virgin ia Beach, and in accordance with the City's specifications
and approval.
2. Nothing herein shall prohibit the City from immediately removing, or
ordering the applicant to remove, all or any part of the temporary
encroachment from the encroachment area in the event of an
emergency or public necessity.
3. The temporary encroachment shall terminate upon notice by the City
to the applicant and, within thirty (30) days after such notice is given,
the temporary encroachment must be removedfrom the encroachment
area by the applicant, and the applicant will bear all costs and
expenses of such removal,
4, 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 the temporary encroachment.
5. Nothing herein contained shall be construed to enlarge the permission
and authority to permit the maintenance or construction of any
encroachment other than that specified herein and to the limited extent
specified herein, nor to permit the maintenance and construction of any
encroachment by anyone other than the applicant.
6. The applicant agrees to maintain the Temporary Encroachment so as
not to become unsightly or a hazard.
7, The applicant must obtain a permit from the Office of Development
Services Center/Planning Department prior to commencing any
construction within the encroachment area.
December 13, 2005
- 33-
Item V-K.3.c.
ORDINANCES
ITEM # 54719 (Continued)
8. Prior to issuance of a right of way permit, the applicant must post a
bond or other security, in accordance with their engineer's cost
estimate, to the Office of Development Services Center/Planning
Department.
9. The applicant must obtain and keep inforce 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
insured or loss payee, as applicable. The applicant agrees to carry
comprehensive general liability insurance in an amount not less than
Five Hundred Thousand Dollars ($500,000), combined single limits of
such insurance policy or policies. The applicant 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 applicant assumes all
responsibilities and liabilities, vested or contingent, with relation to the
temporary encroachment.
10. The temporary encroachment must conform to the minimum setback
requirements, as established by the City.
11. The City, upon revocation of such authority and permission so granted,
may remove the temporary encroachment and charge the cost thereof
to the applicant and collect the cost in any manner provided by law for
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 property tax upon the land so
occupied if it were owned by the applicant; and, if such removal shall
not be made within the time ordered herein above, the City may impose
a penalty in the sum of One Hundred Dollars ($1 OO.OO) per day for
each and every day that such temporary encroachment is allowed to
continue thereafter and shall collect such compensation and penalties
in any manner provided by law for the collection of local or state taxes.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter
W Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 13, 2005
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO A PORTION OF CITY
6 PROPERTY KNOWN AS LAKE JOYCE
7 BY MICHAEL 1. LYNCH AND
8 JENNIFER LYNCH, THEIR HEIRS,
9 ASSIGNS AND SUCCESSORS IN
10 TITLE
11
12 WHEREAS, Michael 1. Lynch and Jennifer Lynch desire to construct and
13 maintain a 5-foot by 26-foot pier and a 5-foot by 26-foot pier with a 10-foot by 16-foot L-
14 head platform and maintain existing riprap and an existing dock within the City's
15 property known as Lake Joyce and located at the rear of 2345 Bayville Road.
16 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107,
17 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
18 City's property subject to such terms and conditions as Council may prescribe.
19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21 That pursuant to the authority and to the extent thereof contained in 99 15.2-
22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Michael T. Lynch and
23 Jennifer Lynch, their heirs, assigns and successors in title are authorized to construct
24 and maintain a temporary encroachment for a 5-foot by 26-foot pier, a temporary
25 encroachment for a 5-foot by 26-foot pier with a 10-foot by 16-foot L-head platform and
26 a temporary encroachment to maintain existing riprap and an existing dock in the City's
27 property as shown on the map marked Exhibit "A" and entitled: "PLAN VIEW FOR M.T.
28 LYNCH 2345 BAYVILLE RD. VA BEACH, VA 23455", dated March 23, 2005 and
29 revised June 21, 2005, a copy of which is on file in the Department of Public Works and
30 to which reference is made for a more particular description; and
31 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly
32 subject to those terms, conditions and criteria contained in the Agreement between the
33 City of Virginia Beach and Michael T. Lynch and Jennifer Lynch (the "Agreement"),
34 which is attached hereto and incorporated by reference; and
35 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
36 is hereby authorized to execute the Agreement; and
37 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
38 time as Michael T. Lynch and Jennifer Lynch and the City Manager or his authorized
39 designee execute the Agreement.
40 Adopted by the Council of the City of Virginia Beach, Virginia, on the
41 13th day of December , 2005.
42
43 PROVED AS TO CONTENTS
44 C:~ C. WJ-S;.t'
45 NATURE
46 PtD Red E's+Gk_
47 DEPARTMENT
48
49 APPROVED AS TO LEGAL
50 SUFFICIENCY AND FORM
;~ co/!f/lro~
53
54 CA-9696
55 PREPARED: 11/16/05
56 F:\Data\ATY\OID\REAL ESTATE\Encroachments\PW Ordinances\CA9696 Lynch,doc
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDA nON TAXES
UNDER SECTION 58,l-811(c) (4)
THIS AGREEMENT, made this 13th day of October
, 2005, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor,
"City", and MICHAEL T. LYNCH AND JENNIFER LYNCH, THEIR HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE, "Grantee", even though more than one.
WIT N E SSE T H:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "Lot 15" as shown on that plat entitled, "SUBDIVISION NQ 2
OF BAY LAKE PINES PRINCESS ANNE CO., V A. AND RE-SUBDIVISION OF PARCEL
"c" OF SUBDIVISION NQ 1 - BAYLAKE PINES SCALE-1"=100' DEC. ,1954" and being
further designated and described as 2345 Bayville Road, Virginia Beach, Virginia 23455;
WHEREAS, it is proposed by the Grantee to construct and maintain one 5' x 26'
finger pier and one 5'x 26' finger pier with a 10' x 16' platform, and to maintain existing rip rap
and an existing dock "Temporary Encroachment", in the City of Virginia Beach;
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of existing City property known as Lake Joyce
"The Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within The Encroachment Area.
GPIN 1570-90-1127
1
NOW, THEREFORE, for alLd in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in
hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the
Grantee permission to use The Encroachment Area for the purpose of constructing and
maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of Virginia and
the City of Virginia Beach, and in accordance with the City's specifications and approval and is
more particularly described as follows, to wit:
A Temporary Encroachment into The Encroachment Area as
shown on that certain plat entitled: "PLAN VIEW FOR M.T.
LYNCH 2345 BA YVILLE RD. VA BEACH, VA 23455", a copy
of which is attached hereto as Exhibit "A" and to which reference
is made for a more particular description,
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment
from The Encroachment Area in the event of an emergency or public necessity.
It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30)
days after the notice is given, the Temporary Encroachment must be removed from The
Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such
removal.
It is further expressly understood and agreed that the Grantee shall indemnify and
hold harmless the City, its agents and employees, from and against all claims, damages, losses
2
and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an
action arising out of the location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained shall
be construed to enlarge the permission and authority to permit the maintenance or construction of
any encroachment other than that specified herein and to the limited extent specified herein, nor
to permit the maintenance and constructi on 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 Center/Planning Department prior to commencing any
construction within The Encroachment Area.
It is further expressly understood and agreed that prior to issuance of a right of
way permit, the Grantee must post a bond or other security, in accordance with their engineer's
cost estimate, to the Office of Development Services Center/Planning Department.
It is further expressly understood and agreed that the Grantee must obtain and
keep in force all-risk property insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the City as additional 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 Grantee will provide endorsements providing at least thirty (30) days
written notice to the City prior to the cancellation or termination of, or material change to, any of
3
the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary Encroachment
must conform to the minimum setbacks requirements, as established by the City.
It is further expressly understood and agreed that the City, upon revocation of
such authority and permission so granted, may remove the Temporary Encroachment and charge
the cost thereof to the Grantee, and collect the cost in any manner provided by law for the
collection of local or state taxes; may require the Grantee to remove the Temporary
Encroachment; and pending such removal, the City may charge the Grantee for the use of The
Encroachment Area, the equivalent of what would be the real property tax upon the land so
occupied if it were owned by the Grantee; and if such removal shall not be made within the time
ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is
allowed to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Michael T. Lynch and Jennifer Lynch the said
Grantee has caused this Agreement to be executed by his signature. Further, that the City of
Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City
Manager and its seal be hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
4
(SEAL)
ATTEST:
City Clerk
I :'
]1t.~_- ; c- _ ;Jl
~d-
J nnifer ch .
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2005, by
, CITY MANAGER! AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2005, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
Notary Public
My Commission Expires:
5
STATE OF ''It\l 'r\\'o
CITY/COUNTY OF\} i ("q\n\~ ~~, to-wit:
The foregoing instrument was acknowledged before me this \ 3~ day of
~bo:u- , 2005, by Michael T. Lynch.
----.............'"
li~ICIAL SEAL )
PlRlLJC.COt.I<<TH (J WM\ j
LYNN M HARV.ev-HAROtNG "
'. ..
.. CITY OF VIRGIN
~. , My CommIsslor
" July 31, 2-
., ~:.,;",~6I".\w.-........... ~.............................,......
My Commission Expires: ~~ "5 ~, c.. ~<::) 2..
STATE OF V L'r5:n~T.....
CITY/COUNTY OFV '~MI'"cL ()xc, c...h , to-wit:
The foregoing instrument was acknowledged before me this C::> day of
l?ck b,.r , 2005, by Jennifer Lynch.
~~~
Notary Public
My Commission EXPires~ ~ \ Dj
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
c.."...
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SI GN:l~:f'<' , (yfMl!,~
or U0 ~t'~) Eb\-.c1r
DEPARTMENT
APPROVED AS TO CONTENTS
SIGNATURE
DEPARTMENT
6
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P\.JRPOSE: /;':~:"'f.';:, ~:;5
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ADJACE~T PROPERTY
OWNE RS: . '3) <.:'1"'" ~F
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2345 Bayville Road
Jennifer and Michael Lynch
Slivlll ;\R I NCROACIIMLNIS ALONG L/\KI .iO'{CL
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LAKE JOYCE
1570-90-1127
SCALE: 1" = 200'
BAWILLE.DGN M.J.S.
PREPARED BY P;W ENG. CADD DEPT.
AUG. 30, 2005
- 34-
Item V-K.4aJb/c
ORDINANCES
ITEM # 54720
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinances to ACCEPT and APPROPRIATE:
a. $1,010,000 from the Federal Emergency Management Agency
(FEMA) to the Fire Department's FY 2005-2006 Operating
Budget re a deployment related to Hurricane Wilma.
b. $100,000from the us. Department of Homeland Security (DHS)
- Buffer Zone Protection Program, to the Police Department's
FY 2005-2006 Operating Budget re equipment to effectively
combat terrorism.
c. $167,482 to the FY 2005-2006 Operating Budget of the Tourism
Advertising Program Fund (TAP) for marketing related
activities.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter
W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 13, 2005
!"-.L
1 AN ORDINANCE TO APPROPRIATE $167,482 TO THE FY
2 2005-06 OPERATING BUDGET OF THE TOURISM
3 ADVERTISING PROGRAM SPECIAL REVENUE FUND FOR
4 MARKETING RELATED ACTIVITIES
5 WHEREAS, $167,482 of additional revenues have accumulated to
6 the fund balance of the Tourism Advertising Program Special Revenue
7 Fund and should be appropriated to fund advertising and marketing
8 acti vi ties.
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11 That $167,482 is hereby appropriated from fund balance in the
12 Tourism Advertising Program Special Revenue Fund to the FY 2005-06
13 Operating Budget of the Tourism Advertising Program Special Revenue
14 Fund for advertising and marketing activities, with local revenue
15 increased accordingly.
16 Adopted by the Council of the City of Virginia Beach,
17
Virginia, on the 13th day of December
, 2005.
Requires an affirmative vote by a majority of the members of
the City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
J3~Q-)
, k ?,,-~~
City Attorney's Offlce
CA9821
H:\PA\GG\OrdRes\TAP Funding True-Up ORD (2)
R-3
November 30, 2005
Item V-L.
PLANNING
1. OCEANA DEVELOPMENT, L.L.C.
2. VIRGINIA SEAGULL TRA VEL BUS, INC.
- 35 -
ITEM # 54721
3. OMNIPOINT COMMUNICATIONS dba T-MOBILE
CONDITIONAL CHANGE OF ZONING
CONDITIONAL USE PERMIT
MODIFICATION of PDH PLAN
re communications tower
December 13, 2005
- 36-
Item V-L.
PLANNING
ITEM # 54722
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN ONE
MOTION Items 1, 2 and 3 of the PLANNING BY CONSENT AGENDA.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S.
McClanan, RichardA, Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter
W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
Council Lady McClanan voted a VERBAL NAY on Item 1.1, (Oceana Development) and 1.3 (Omnipoint)
December 13, 2005
- 37-
Item V-L.]
PLANNING
ITEM # 54724
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of OCEAN A DEVELOPMENT, L.L.C.for a Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF OCEAN A DEVELOPMENT, L.L.c.
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-1 0 TO
CONDITIONAL 1-1 LIGHT INDUSTRIAL DISTRICT Z012051235
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Oceana Development, L.L. C. for a Change or
Zoning District Classification from R-1 0 Residential District to Conditional 1-1
Light Industrial District on property located approximately 400 feet south of
Potters Road and 550 feet east of Viking Drive (GPIN 14976170180000). The
Comprehensive Plan designates this site as beingpart of Strategic Growth Area
9 - West Oceana Area, suitable for low intensity industrial uses that conform
to AICUZ provisions, The purpose of this rezoning is to develop a light
industrial parkfor office/warehouse uses. DISTRICT 6 - BEACH
The following condition shall be required:
1. Agreement encompassing proffers shall be recorded with the Clerk of
the Circuit Court and is hereby made a part of the record.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of December, Two
Thousand Five
Voting:
10-1 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Richard A.
Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
December 13, 2005
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6224
DATE: November 30, 2005
TO:
FROM:
Leslie L. Lilley 0J
B. Kay Wilson~
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; Ocean a Deve/opment~ LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on December 13, 2005. I have reviewed the subject proffer agreement, dated
June 1, 2005, and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW /ks
Enclosure
cc: Kathleen Hassen
Prepared By/Return To:
Troutman Sanders LLP
222 Central Park Avenue, Suite 2000
Virginia Beach, Virginia 23462
AGREEMENT
THIS AGREEMENT is made this 1st day of June, 2005, by and among OCEANA
DEVELOPMENT, LLC, a Virginia limited liability company ("Grantor"), and the CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Grantee").
WIT N E SSE T H:
WHEREAS, Grantor has initiated an amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the existing
zoning classification from R-10 to I-I Conditional on certain property which contains
approximately 54.889 acres, more or less, located in the Lynnhaven District of the City of
Virginia Beach, Virginia, which property is more particularly described in the attached Exhibit A
(hereinafter the "Property"); and
WHEREAS, Grantor is the current owner of the Property; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes, including mixed use purposes, through zoning and other land development
legislation; and
WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible
uses conflict, and that in order to permit differing uses on and in the area of the subject Property
and at the same time to recognize the effects of the change and the need for various types of uses,
certain reasonable conditions governing the use of the Property for the protection of the
community that are not generally applicable to land similarly zoned I-I are needed to cope with
the situation to which the Grantors' rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to
the public hearing before the Grantee, as part of the proposed conditional amendment to the
GPIN Number 1497-61-7018-0000
Page 1
Zoning Map, in addition to the regulations provided for in the existing 1-1 zoning district by the
existing City's Zoning Ordinance ("CZO"), the following reasonable conditions related to the
physical development, operation and use of the Property to be adopted as a part of said
amendment to the new Zoning Map relative to the Property, all of which have a reasonable
relation to the rezoning and the need for which is generated by the rezoning; and
WHEREAS, said conditions having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendme!1t to the Zoning Ordinance, such conditions shall
continue in full force and effect until a subsequent amendment changes the zoning on the
Property covered by such conditions; provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment is part of the comprehensive
implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the
foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record
owner of the subject Property at the time of recordation of such instrument; provided, further,
that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of
ordinance or resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-
2204, which said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent.
NOW THEREFORE, the Grantor, for themselves, their successors, assigns, grantees,
and other successors in title or interest, voluntarily and without any requirement by or exaction
from the Grantee or its governing body and without any element of compulsion of quid -pro qUO
for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the
"
following declaration of conditions and restrictions which shall restrict and govern the physical
development, operation and use of the Property and hereby covenant and agree that these proffers
(collectively, the "Proffers") shall constitute covenants running with the said Property, which
Page 2
shall be binding upon the Property and upon all parties and persons claiming under or through
the Grantors, their heirs, personal representatives, assigns, grantees and other successors in
interest or title, namely:
1. When developed, the Property shall be developed in substantial accordance with
the "Preliminary Subdivision Plan of London Bridge Industrial Park," dated March 30, 2005,
prepared by NDI, LLC, Basgier and Associates Division, a copy of which is on file with the
Planning Department and has been exhibited to the City Council (the "Conceptual Plan").
Grantor reserves the right to change the location of the stormwater facilities shown on the
Conceptual Plan, as necessary to accommodate its future subdivision or development of the
Property.
2. Grantor shall maintain a buffer of existing vegetation at least one hundred feet
(100') III width between the Property and the adjacent residential development known as
Nottingham Estates, in substantial accordance with the buffer shown on the Conceptual Plan.
Grantor reserves the right to apply for a reduction in the amount of wetlands shown on the
Conceptual Plan, in accordance with applicable federal, state and local environmental laws;
provided, however, that (i) no such reduction shall result in a buffer of less than one hundred feet
(100') in width between the Property and the adjacent residential development known as
Nottingham Estates, and (ii) for all other areas of the Property adjacent to property zoned for
residential purposes, Grantor shall either maintain a buffer of existing vegetation or install a
landscape buffer at least twenty feet (20').
3. Grantor shall maintain a buffer of existing vegetation of at least twenty feet (20')
around the cemetery located on the adjacent Property shown as "Now or Formerly William C.
Whilte (W.B. 24, P. 359) (D.B. 148, P. 141)".
4. Further conditions lawfully imposed by applicable development ordinances may
be required by the Grantee during detailed site plan and/or subdivision review and administration
of applicable City Codes by all cognizant City agencies and departments to meet all applicable
City Code requirements.
Page 3
All references hereinabove to zoning districts and to regulations applicable thereto, refer
to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the
conditional zoning amendment is approved by the Grantee.
The Grantor covenants and agrees that (1) the Zoning Administrator of the City of
Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing
body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages or other appropriate action,
suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate; (3) if
aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the
City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the
review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an
appropriate symbol on the map the existence of conditions attaching to the zoning of the subject
Property on the map and that the ordinance and the conditions may be made readily available and
accessible for public inspection in the office of the Zoning Administrator and in the Planning
Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia and indexed in the name ofthe Grantor and Grantee.
This Agreement may be signed in one or more counterparts which, upon execution by all
the parties, shall constitute a single agreement.
[Separate Signature Page Follows]
Page 4
IN WITNESS WHEREOF, the foregoing Agreement is executed by the parties ofthe date
first written above.
COMMONWEALTH OF VIRGINIA
GRANTOR:
OCEANA DEVELOPMENT, LLC
a Virginia limited liability company
By:
~
Kevin L. Maume, Special Manager
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this I :5~ day of June, 2005, by
Kevin L. Maume, personally known to me to be a Special Manager of Oceana Development,
LLC, a Virginia limited liability company.
My Commission Expires: )0 1 Z> 1 to r
VB289663v2
/)Q/r,_ ~
jNotary Pu\)fic
Page 5
Exhibit A
All that certain piece parcel or lot situate, lying and being in Lynnhaven Magisterial District,
Princess Anne County, Virginia, shown and designated on a certain plat made by W.E. Gallup,
County Surveyor, on May 6, 1957, which plat is duly recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, in Map Book 43, at Page 39, the property hereby
conveyed being designated as "MERTA McINTIRE, 61 Ac." on said plat, and is described as
follows:
BEGINNING at a pin in the edge of the right of way show on said plat, which
leads from the public road to the property hereby conveyed, which is marked
"pin" and is in the Western side of said right of way, and is the Northern corner of
the property hereby conveyed located at or near the Bridge over the creek, and
running thence across the right of way South 3 degrees East 398 feet to a point,
South 70 degrees 20 minutes East 376 feet to a point, South 53 degrees East 293
feet to a pin, South 5 degrees East 563 feet to a small oak; south 13 degrees West
482 feet to sweet gum, South 18 degrees 20 minutes West 181 feet to sweet gum,
South 22 degrees 45 minutes West 523 feet to a pin in the center line of the North
ditch binding the right of way leading to the Swamp Public Road; thence turning
and running along the center line ofthe North ditch North 77 degrees 30 minutes
West 449 feet to a pin; thence continuing along the center line of the Northern
ditch North 77 degrees 30 minutes West 244 feet to a post; thence North 53
degrees 45 minutes West 375 feet to a pipe in a ditch, North 33 degrees 44
minutes West 365 to sweet gum, North 4 degrees East 297 feet to black gum,
North 23 degrees West 305.2 feet to a small twin oak; North 2 degrees East 186
feet to a point, North 19 degrees 20 minutes West 368 feet to a point, North 4
degrees 38 minutes East 182 feet to a point in Lynnhaven Creek; North 63 degrees
20 minutes East 310 feet, more or less, to a post; thence turning and running along
the edge of the lands of Paul White South 73 degrees East 120 feet to a beech;
South 73 degrees East 149.7 feet to a pipe, South 73 degrees 45 minutes East 211
feet to a pipe, South 74 degrees 5 minutes East 135 feet to a pin in the edge of the
right of way, North 19 degrees 55 minutes East 12 feet to a pipe, North 19 degrees
55 minutes East 240.8 feet to a pipe, North 24 degrees 43 minutes East 142.4 feet
to a pin, North 43 degrees 38 minutes East 134.2 feet to the pin, the place of
beginning. Said tract of land containing sixty-one (61) acres, more or less, but is
conveyed in gross and not by the acre. Together with all rights of way, rights of
drainage, water rights, easements or other rights appertaining to said property.
It is distinctly understood that the two graveyards as shown on said plat are not conveyed by this
deed, nor are they included in the area of sixty-one (61) acres, and are expressly EXCEPTED
from this conveyance.
Page 6
It is further distinctly understood that the right-of-way as shown on said plat is only conveyed to
the grantee herein insofar as it is to be jointly used by the grantee, his heirs and assigns, along
with Paul White, his heirs and assigns.
LESS AND EXCEPT those portions of the above-described property conveyed to the City of
Virginia Beach, by (i) deed dated August 1, 1975, from Harry Richmond and Viola R.
Richmond, his wife, duly recorded in the aforesaid Clerk's Office in Deed Book 1504, at page
310; and (ii) deed dated June 4, 1985, from the Estate of Harry Richmond, acting by Viola
Richmond and William P. Connors, the Executors under the Will of Harry Richmond, deceased,
and W. Leigh Ansell, Ancillary Administrator of the Estate of Harry Richmond, deceased and
Viola Richmond, duly recorded in the aforesaid Clerk's Office in Deed Book 2420, page 1508.
IT BEING the same property conveyed to MAUREN P FLOOD, by deed from Peter J.
Strassberger, Administrator in Virginia of the Estate of Viola Richmond, and Larry B. Slipow,
Ancillary Administrators in Virginia of the Estate of Viola Richmond, dated May 29, 1991, and
filed for record May 31, 1991, in Deed Book 2990, page 1855; AND by Deed :from William P.
Connors, Executor of the Estate of Harry Richmond, and W. Leigh Ansell, Ancillary
Administrator in Virginia, of the Estate of Harry Richmond, dated March 9, 1989, and filed for
record July 25, 1990, in Deed Book 2926, page 1597; AND by deed :from J.M. Powers,
unmarried, dated March 26, 1999 and filed for record April 5, 1999, in Deed Book 4058, page
1958.
IT BEING the same property conveyed to EDWARD KLIM, by deed :from William P. Cormors,
Executor of the Estate of Harry Richmond, and W. Leigh Ansell, Ancillary Administrator in
Virginia, of the Estate of Harry Richmond, dated March 9, 1989, and filed for record July 25,
1990, in Deed Book 2926, page 1605.
IT BEING the same property conveyed to JUDY CAPOSSELA BOCCANFUSO by deed :from
William P. Connors, Executor of the Estate of Harry Richmond, and W. Leigh Ansell, Ancillary
Administrator in Virginia, of the Estate of Harry Richmond, dated March 9, 1989, and filed for
record July 25, 1990, in Deed Book 2926, page 1609 and from the Will of Ruth Capossela dated
April 17, 1973 and recorded January 11, 1991 in Will Book 78, page 2384.
IT BEING the same property conveyed to HARRY JAMES CAPOSSELA, by deed from
William P. Connors, Executor of the Estate of Harry Richmond, and W. Leigh Ansell, Ancillary
Administrator in Virginia, of the Estate of Harry Richmond, dated March 9, 1989, and filed for
record July 25, 1990, in Deed Book 2926, page 1613 AND by Will of Ruth Capossela dated
April 17, 1973 and recorded January 11, 1991 in Will Book 78, page 2384.
IT BEING the same property conveyed to JOSEPH H. CAPOSSELA, by deed from Harry J.
Capossela and Judith A. Boccanfuso, Co-Trustees of the Will of Ruth V. Capossela, dated May
18,2004, and filed for record May 28,2004 as Instrument Number 200405280083554.
Page 7
IT BEING the same property conveyed to HARRY DONALD RICHMOND, by deed from
William P. Connors, Executor of the Estate of Harry Richmond, and W. Leigh Ansell, Ancillary
Administrator in Virginia, of the Estate of Harry Richmond, dated March 9, 1989, and filed for
record July 25, 1990, in Deed Book 2926, page 1621.
Page 8
- 38-
Item V-L.2.
PLANNING
ITEM # 54725
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of VIRGINIA SEA GULL TRA VEL BUS, INC. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF VIRGINIA SEAGULL TRA VEL BUS,
INC. FOR A CONDITIONAL USE PERMIT R0120534135
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Virginia Seagull Travel Bus, Inc. for a
Conditional Use Permit for a passenger transportation terminal (bus) on
property located at 313 and 329 Kellam Road (GPIN 14772650500000;
14772546940000; 14772567630000). DISTRICT 4 - BAYSIDE
The following conditions shall be required:
1. The hours of operation for ticket sales are daily from 12:00 P.M.
(noon) until 5:00 P.M. andfrom 11:30 P.M. until the bus departs
(approximately 12:30 PM).
2. No more than one bus to stop at this terminal location at the
designated time.
3. No storage of buses onsite beyond the designated time for the
passenger drop-off / pick up.
4. No passenger transfers or connections onto other buses
conducted onsite.
5. No vehicle service repair or maintenance activities to be
performed at this site.
6. The applicant shall obtain all the necessary permits, inspections,
and approvals from the Fire Department and the Permits and
Inspections Division of the Planning Department. A Certificate
of Occupancy for the use shall be obtainedfrom the Permits and
Inspections Division of the Planning Department.
7. The use shall be administratively reviewed on an annual basis.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of December, Two
Thousand Five
December 13, 2005
- 39-
Item V-L.2.
PLANNING ITEM # 54725 (Continued)
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R, Jones, Reba S.
McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter
W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 13, 2005
- 40-
Item V-L.3.
PLANNING
ITEM # 54726
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED Ordinance
upon application of OM NIP OINT COMMUNICA TIONS dba T-MOBILEforaModification of their PDH
Plan re a communications tower:
ORDINANCE UPON APPLICATION OF OMNIPOINT COMMUNICATIONS
DBA T-MOBILE FOR A MODIFICATION OF PDH PLAN FOR A
COMMUNICATIONS TOWER Z012051235
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Om nip oint Communications dba T-Mobile for
a Modification of PDH Plan for a communications tower on property located
at 3097 Magic Hollow Boulevard (GPIN 14962112560000). The
Comprehensive Plan designates this site as being part of the Primary
Residential Area, suitable for appropriately located suburban residential and
non-residential uses consistent with the policies of the Comprehensive
Plan, The purpose of this modification to the plan is to allow
construction of a communication tower. DISTRiCT 6 - BEACH
The following condition shall be required:
1. Agreement encompassing proffers shall be recorded with the Clerk of
the Circuit Court and is hereby made a part of the record.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of December, Two
Thousand Five
Voting:
10-1 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Richard A.
Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
December 13, 2005
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6224
DATE: November30,2005
TO:
FROM:
Leslie L. Lilley
B. Kay WilS~
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; Omnipoint Communications CAP
Operations, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on December 13, 2005. I have reviewed the subject proffer agreement, dated
July 1, 2005, and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW /ks
Enclosure
cc: Kathleen Hassen
DECLARATION OF PROFFERED COVENANTS, CONDITIONS AND
RESTRICTIONS
THIS DECLARATION OF PROFERRED COVENANTS, CONDITIONS AND
RESTRICTIONS ("Declaration") effective the 1st day of July, 2005, by and between OSIA OF
TIDEWATER, INC., a Virginia corporation, ("OSIA"), a grantor for purposes of indexing,
OMNIPOINT COMMUNICATIONS CAP OPERATIONS, LLC, a limited liability
company, ("OMNIPOINT"), a grantor for purposes of indexing, and THE CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("CITY"), a
grantee for purposes of indexing, provides and states as follows:
AGREEMENT:
OSIA owns the parcel of real property located in the City of Virginia Beach, Virginia
described in Exhibit A, attached hereto and incorporated herein by reference ("Property"); and
OMNIPOINT, as lessee of a portion of the Property, proposes to develop the Property,
and in connection therewith, has filed an application with CITY to amend the current zoning
designation on the Property from PD-H1 to incorporate the commercial designations authorized
under B-2 (Conditional); and
It is the policy of CITY to provide for the orderly development of land for various
purposes through zoning and other land development legislation; and
OSIA and OMNIPOINT acknowledge that the competing and sometimes incompatible
development of various types of uses conflict and that in order to permit differing types of uses
on and in the area of the Property and at the same time to recognize the effects of change that
will be created by the proposed amendment to the PDH Plan, certain reasonable conditions
governing the use of the Property for the protection of the community that are not generally
applicable to land similarly zoned are needed to resolve the situation to which the proposed
amendment gives rise; and
OSIA and OMNIPOINT have voluntarily proffered, in writing in advance of and prior to
the public hearing before CITY, as part of the proposed amendment to the Zoning Map of the
City of Virginia Beach, Virginia ("Zoning Map") with respect to the Property, the following
reasonable conditions related to the physical development, operation, and use of the Property to
be adopted as a part of such amendment to the Zoning Map relative and applicable to the
Property, which has a reasonable relation to the proposed amendment and the need for which is
generated by the proposed amendment.
GPIN: 1496-21-1256-0000 (portion only) & 1496-21-2287-0000 (portion only)
Prepared by: LeClair Ryan, A Professional Corporation
999 Waterside Drive, Suite 2525
Norfolk, Virginia 23510
NOW, THEREFORE, OSIA and OMNIPOINT, their successors, assigns, grantees and
other successors in title or interest, voluntarily and without any requirement by or exaction from
CITY or its governing body and without any element of compulsion or quid pro quo for zoning,
rezoning, amendment, site plan, building permit, or subdivision approval, hereby make the
following declaration of covenants, conditions and restrictions which shall restrict and govern
the physical development, operation, and use of the Property and hereby covenant and agree that
this Declaration shall constitute covenants running with the Property, which shall be binding
upon the Property and upon all parties and persons claiming under or through OSIA and
OMNIPOINT, their successors, assigns, grantees and other successors in interest or title:
I
I
I
1. The Property shall be developed substantially as shown on the exhibit entitled "Site
Plan," dated April 29, 2005 and prepared by Atlantis Group, Inc., which has been
exhibited to the Virginia Beach City Council ("City Council") and is on file with the
Virginia Beach Department of Planning ("Planning Department").
2. The proposed communications tower shall be substantially the same as shown on the
exhibit entitled "Elevation and Antenna Coax Detail," which has been exhibited to
City Council and is on file with the Planning Department.
3. The proposed communications tower will not exceed 125' AGL and it will support
the antennae array of two (2) additional wireless communications carriers.
4. Unless a waiver is granted by the Planning Department, OSIA and OMNIPOINT will
conduct or cause to be conducted a radio frequency emissions study ("RF Study"), by
a qualified engineer licensed in the Commonwealth of Virginia, to evidence that the
proposed communications tower will not interfere with any emergency
communications facilities and related equipment owned by CITY. OSIA and
OMNIPOINT hereby agree to provide the RF Study prior to the submission of the
final site plan of the proposed development to the Planning Department. OSIA and
OMNIPOINT further hereby agree to provide additional RF Studies for any
subsequent users.
4. In the event that OMNIPOINT's use or any subsequent use by a wireless
communications carrier of the proposed communications tower results in any
interference with CITY's emergency communications facilities and related
equipment, OSIA and OMNIPOINT shall undertake any measures reasonably
necessary to correct and eliminate such interference. If the interference cannot be
eliminated within a reasonable period oftime, not to exceed sixty (60) days,
OMNIPOINT and OSIA shall immediately terminate or cause to be terminated the
operation of the antennae array causing such interference.
5, In the event that the proposed communications tower ceases to be used for a period
exceeding twelve (12) consecutive months, OSIA and OMNIPOINT, at their expense,
shall remove the tower and all related equipment and in the event that any antennae
2
cease to be used for a period exceeding twelve (12) consecutive months, aSIA and
OMNIPOINT, at their expense, shall remove such antennae and related equipment.
6. Further conditions as may be required by CITY during detailed site plan review and
administration of applicable City Codes by all cognizant City agencies and
departments to meet all applicable City Code requirements.
OSIA and OMNIPOINT further covenant and agree that:
All references herein to PD-H2 and to B-2 Districts and to the requirements and
regulations applicable thereto refer to the City Zoning Ordinance of Virginia Beach, Virginia, in
force as of the date of approval of this Declaration by City Council, which are by this reference
incorporated herein.
The above conditions, having been proffered by OSIA and OMNIPOINT and allowed
and accepted by CITY as part of the amendment to the zoning ordinance of the City of Virginia
Beach, Virginia, in force as of the date this Declaration is approved by the Virginia Beach City
Council ("Zoning Ordinance"), shall continue in full force and effect until a subsequent
amendment changes the zoning of the Property and specifically repeals such conditions. Such
conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the
subsequent amendment is part of a comprehensive implementation of a new or substantially
revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed,
amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the
time of recordation of such instrument, provided that such instrument is consented to by CITY in
writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing
body of CITY, after a public hearing before City Council which was advertised pursuant to the
provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Such ordinance or
resolution shall be recorded along with such instrument as conclusive evidence of such consent,
and if not so recorded, such instrument shall be void.
1. The Zoning Administrator ofthe City of Virginia Beach, Virginia, shall be vested
with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied, and (b) to bring legal action or suit to insure compliance with
such conditions, including mandatory or prohibitory injunction, abatement, damages,
or other appropriate action, suit, or proceeding;
2. The failure to meet all conditions and restrictions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate;
3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these
provisions, aSIA and OMNIPOINT shall petition the governing body for the review
thereof prior to instituting proceedings in court; and
3
4. The Zoning Map may show by an appropriate symbol on the map the existence of
conditions attaching to the zoning of the Property, and the ordinances and the
conditions may be made readily available and accessible for public inspection in the
office of the Zoning Administrator and in the Planning Department, and they shall be
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, and indexed in the names of each of OISA, OMNIPOINT and CITY.
WITNESS the following signatures and seal:
GRANTORS:
OSIA OF TIDEWATER, INC., a Virginia
corporation
B~,t,{71~
Its:
Date: (Jq- a. 3 - tJ S
OMNIPOINT COMMUNICA nONS CAP
OPERA nONS, LLC, a limited liability
com~
By: . ---
Its: _~L D~
Date: q - L. 7.05
STATE OF ~~\A
erN ~ '\l\\~\~Lt\ 'beA0-\
BEFORE ME, ~ ~, on this day personally
appeared (Z. of ~A 0::-11 06JV\~
known to me (or prov (l to me on the oath of.ffiZ.~ U_~ or through
_ . ) (description of identity card or oth r document) to be the person
whose name is subscribed to the foregoing instrument and acknowledged me that he executed the
same for the purposes and consideration therein expressed.
GNEN UNDER MY HAND AND SEAL OF OFFICE, this~ay of
~ ,2005
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BEFORE ME'b_n:1r~1 fr E.\faffi , on this day personally
appeared Yft/ln F~! , TEthnlct11:>~. of(}nn'lpOll'1t(DYm1.\.IOlcr::t1Vn~cz.o~1J.L.
known to me (or proved to me on the oath of'R> l?."Cnzd~ or through
) (description of identity car or other document) to be the person
whose name is subscribed to the foregoing instrument and acknowledged me that he executed the
same for the purposes and consideration therein expressed.
GNEN UNDER MY HAND AND SEAL OF OFFICE, this 2r:t- day of
~ ,2005 -
~
My Commission Expires:
Notary Public, State of ~1a'1)'j
COURTNEY A ~ANS
Notary Public
Prince George's County,MD.
My Commission Expires March 1,2008
Exhibit A
Legal Description of the Property
Parcell:
o
ALL THAT certain lot piece or parcel of land, situate in Princess Anne Borough of the City of
Virginia Beach, Virginia, and designated and described as Parcel 2, 0.932 Acre, on one certain survey
entitled "Survey of Property of Aragona Enterprises, Inc., Princess Anne Borough, Virginia Beach,
Virginia Scale: I" -100', March, 1974. Marsh and Basgier, Inc., P. C., Engineers -Surveyors-
Planners, 101 North Plaza Trail, Virginia Beach, Virginia", which said survey is duly of record in the
Clerk's Office of the Circuit Court of the City of Virginia Beaeh, Virginia, in Deed Book 1443, at
page 171, reference being made thereto for a more particular description.
Parcel 2:
ALL THAT certain lot and piece ofJand. situate in Princess Anne Borough of the City of Virginia
Beach, Virginia, a designated and described as Holland Swamp Community Drainage Project
Easement 0.458 Acre, on one certain survey entitled "Survey of Property of Aragona Enterprises, Inc.,
Princess Anne Borough- Virginia Beach, Virginia Scale: 1"= 100', March, 1974, Marsh and Basgier,
Inc., P. C., Engineers - Surveyors - Planners. 101 N. Plaza Trail, Virginia Beach, Virginia". which
said survey is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, inDeed Book 1443, page 171, reference being made thereto for a more particular
description.
IT BEING the same property conveyed to the Grantor herein by deed of O.s.LA. of Tidewater, Inc., a
non-profit non-stock VirgiDia corpontion, dated April 15. 1977, and duly recorded in the Clerk's
office aforesaid, in Deed Book 1706 at page 395.
6
- 41 -
Item V-M.
APPOINTMENTS
ITEM # 54727
BY CONSENSUS, City Council RESCHEDULED:
BEACHES and WATERWAYS COMMISSION
GOVERNANCE COMMITTEE FOR HISTORIC SITES
HISTORICAL REVIEW BOARD
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
PERSONNEL BOARD (Alternates)
RESORT ADVISORY COMMISSION (RAC)
SHORE DRIVE ADVISORY COMMITTEE
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC)
December 13, 2005
- 42-
Item V-N.l.
NEW BUSINESS
ITEM # 54728
ADD-ON
Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADDED TO THE
AGENDA:
Ordinances re City Council Appointee Compensation:
City Clerk salary from $90,000 to $94,050 annually and car allowance
from $5,000 to $10,000 annually, effective November 15,2005
City Assessor salary from $100,234 to $104,745 annually, effective
March 1, 2006
City Manager salary from $190,000 to $198,550 annually; City
contribution to deferred compensation plan from $16,000 to $18,000
annually; car allowance of $12,000; and. long term care insurance
premiums up to $2,684 annually, effective December 1, 2005
City Attorney salary from $180,000 to $188,100 annually; City
contribution to deferred compensation plan from $16,000 to $18,000
annually; and, car allowance of $1 0, 000 annually, effective
November 1,2005.
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter
W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 13, 2005
- 43-
Item V-N.2.
NEW BUSINESS
ITEM # 54729
ADD-ON
Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED:
Ordinances re City Council Appointee Compensation:
City Clerk salary from $90,000 to $94,050 annually and car allowance
from $5,000 to $10,000 annually, effective November 15,2005
City Assessor salary from $100,234 to $104,745 annually, effective
March 1, 2006
City Manager salary from $190,000 to $198,550 annually; City
contribution to deferred compensation plan from $16,000 to $18,000
annually; car allowance of $12,000; and, long term care insurance
premiums up to $2,684 annually, effective December 1, 2005
City Attorney salary from $180,000 to $188,100 annually; City
contribution to deferred compensation plan from $16,000 to $18,000
annually; and, car allowance of $ 10,000 annually, effective
November 1,2005.
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan *, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
*Council Lady McClanan voted a VERBAL NAY re the City Manager's Compensaiton
December 13, 2005
1 AN ORDINANCE PERTAINING TO THE
2 COMPENSATION OF THE CITY CLERK
3
4
5 WHEREAS, City Council has evaluated the performance of the
6 City Clerk; and
7
WHEREAS, based upon this evaluation, City Council has
8 determined that an increase in the City Clerk' compensation
9 would be appropriate.
10
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
11 OF VIRGINIA BEACH, VIRGINIA:
12
1.
That, effective November 15, 2005, the salary of the
13 City Clerk is hereby increased from $90,000 to $94,050 annually.
14
2 .
That the car allowance of the City Clerk is hereby
15 increased from $5,000 to $10,000 annually.
16
Adopted by the Council of the City of Virginia Beach,
17 Virginia, on the 13th day of December, 2005.
,-
1
2
3
4
5
6
AN ORDINANCE PERTAINING TO THE
COMPENSATION OF THE CITY REAL ESTATE
ASSESSOR
WHEREAS, City Council has evaluated the performance of
7
the City Real Estate Assessor; and
8 WHEREAS, based upon this evaluation, City Council has
9 determined that an increase in the City Real Estate Assessor's
10 compensation would be appropriate.
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
12 OF VIRGINIA BEACH, VIRGINIA:
13 That, effective March 1, 2006, the salary of the City
14 Real Estate Assessor is hereby increased from $100,234 to $104,745
15 annually.
16 Adopted by the Council of the City of Virginia Beach,
17 Virginia, on the 13th day of December, 2005.
1 AN ORDINANCE PERTAINING TO THE
2 COMPENSATION OF THE CITY MANAGER
3
4 WHEREAS, City Council has evaluated the performance of
5 the City Manager; and
6
WHEREAS, based upon this evaluation, City Council has
7 determined that an increase in the City Manager's compensation would
8 be appropriate.
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
10 OF VIRGINIA BEACH, VIRGINIA:
11
1 .
That, effective December 1, 2005, the salary of
12 the City Manager is hereby increased from $190,000 to $198,550
13 annually.
14
2 .
That the City's contribution to the City Manager's
15 deferred compensation plan is hereby increased from $16,000 to
16 $18,000 annually.
17
3 .
That the car allowance of the City Manager shall
18 be $12,000 annually.
19
4 .
That the City will pay up to $2,684 annually on
20 behalf of the City Manager in premiums for long term care
21 insurance.
22 Adopted by the Council of the City of Virginia Beach,
23 Virginia, on the 13th day of December, 2005.
1 AN ORDINANCE PERTAINING TO THE
2 COMPENSATION OF THE CITY ATTORNEY
3
4
5 WHEREAS, City Council has evaluated the performance of
6 the City Attorney; and
7
WHEREAS, based upon this evaluation, City Council has
8 determined that an increase in the City Attorney's compensation
9 would be appropriate.
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
11 OF VIRGINIA BEACH, VIRGINIA:
12
1.
That, effective November 1, 2005, the salary of the
13 City Attorney is hereby increased from $180,000 to $188,100
14 annually.
15
2 .
That the City's contribution to the City Attorney's
16 deferred compensation plan is hereby increased from $16,000 to
17 $18,000 annually.
18
3.
That the car allowance of the City Attorney shall be
19 $10,000 annually.
20 Adopted by the Council of the City of Virginia Beach,
21 Virginia, on the 13th day of December, 2005.
- 44-
ITEM # 54730
Mayor Oberndorf entertained a motion to permit City Council to conduct a second CLOSED SESSION,
pursuant to Section 2.1-344(A), Code of Virginia, as amended,for thefollowingpurpose:
PUBLIC CONTRACT: Discussion of the award of a public contract involving
the expenditure of public funds, and discussion of the terms of scope of such
contract, where discussion in an open session would adversely affect the
bargaining position or negotiating strategy of the public body, pursuant to
Section 2.2-3711 (A)(30)
Military Liaison
LEGAL MATTERS: Consultation with legal counselor briefings by staff
members, consultants, or attorneys pertaining to actual or probable litigation,
or other specific legal matters requiring the provision of legal advice by
counsel pursuant to Section 2,2-3711 (A)(7).
BRA C Issues
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council voted to proceed
into CLOSED SESSION (7:56 P.M.).
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S.
McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter
W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 13, 2005
- 45 -
CERTIFICATION OF
CLOSED SESSION
ITEM # 54731
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS (9:25 P.M.)
Only public business matters lawfully exempt from Open Meeting requirements
by Virginia law were discussed in Closed Session to which this certification
resolution applies;
AND,
Only such public business matters as were identified in the motion convening
the Closed Session were heard, discussed or considered by Virginia Beach City
Council,
Voting: 10-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 13, 2005
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 54730, page 44, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3711 (A) of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
~~:=:;-
uth Hodges Smith, MMC
City Clerk
December 13, 2005
- 46-
Item V-O.
ADJOURNMENT
ITEM # 54657
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 9:30 P.M.
Q J '-14 . )
\-~--'Lli1---(:.--.:~-~::'~
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
f2~,,~~
~~ges Smith, MMC
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
December 13, 2005