JUNE 12, 2007 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
WILLIAM R. DeSTEPH, At-Large
HARRY E DIEZEL. Kempsvi/le - District 2
ROBERT M. DYER" Cen/erville - District I
BARBARA M. HENLEY, Princess Anne - District 7
REBA S. McClANAN, Rose Ha/l- District 3
JOHN E UHRIN, Beach District 6
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 FRASER, MMC
12 JUNE 2007
I.
CITY COUNCIL COMMENTS
II. REVIEW OF AGENDA
III. INFORMAL SESSION
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE: (757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
- Conference Room -
- Conference Room -
4:00 PM
5:00 PM
IV. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION
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
June 5, 2007
G. AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
I. ORDINANCES
1. Ordinances to AMEND the City Code:
a. AMEND 91-12.2 re an increase in the Courthouse Security Fee imposed upon
persons convicted of criminal or traffic offenses
b. INCREASE the Department of Sheriff and Corrections FY 2007-08 Special
Revenue fund by $300,000 re four (4) additional deputy positions with an increase to
part-time wages for Courthouse Security Screeners
c. ADD 96-127 to Chapter 6 Beaches, Boats and Waterways and ESTABLISH
regulations re the Lynnhaven River Watershed "No Discharge Zone"
d. AMEND 96-32 re the penalty for casting garbage into any waters of Virginia Beach
2. Ordinances re Beaches and Waterways Advisory Commission:
a. DELETE 96-165 of the City Code re termination of the Commission
b. AMEND the Bylaws re expansion of the Commission to eleven (11) members
3. Ordinance to AUTHORIZE, in accordance with Virginia Code 933.1-371.1, the issuance of
a vegetation control permit to Edwin B. Lindsley, Jr., re the removal and replacement of
certain vegetation on Virginia Beach Boulevard near Rosemont and Bonney Roads.
DEFERRED
JUNE 5, 2007
4. Ordinance to REQUEST the Virginia Department of Transportation (VDOT) establish a
Wesleyan Drive Improvement Project; ACCEPT and APPROPRIATE $640,550 of
Regional Surface Transportation Program (RSTP) funds from the City of Norfolk and
$4,950,000 RSTP funds from the State to complete the project design; and, AUTHORIZE
the City Manager to execute a Cost Participation Agreement with the City of Norfolk.
5. Ordinances to REVISE categorical appropriations for the School Operating Fund; and,
AMEND the City's FY 2007-08 Operating Budget and FY 2007-08 Capital Budget as
requested by the School Board:
a. Adjusted appropriations to the School Operating Budget:
1. $555,724,972 to Instruction
2. $ 24,189,034 to Administration, Attendance and Health
3. $ 30,891,040 to Pupil Transportation
4. $ 96,357,081 to Operations and Maintenance
b. Adjusted $12,108,658 transfer to the Capital Budget re decrease in the
appropriation for Various Site Acquisitions - Phase 1
c. Adjusted $1,185,000 appropriation to the School Operating Budget re additional
State revenue
d. Adjusted $4,681,645 appropriation to the School Athletic Special Revenue Fund
6. Ordinances to APPROPRIATE and/or TRANSFER:
a. APPROPRIATE $596,077 in additional Community Development Block Grant
(CDBG) and HOME Program income to the Department of Housing and
Neighborhood Preservation's budget to be used for additional grants
DEFERRED
JUNE 5, 2007
b. ACCEPT $60,000 from other Commonwealth's Attorney's offices and
APPROPRIATE $40,000 to the FY 2006-07 and $20,000 to the FY 2007-08
Commonwealth's Attorney's Operating Budget re upgrades to the Virginia
Commonwealth's Attorney Information System (VCAIS)
c. APPROPRIATE $38,563 from Cost Recovery Revenue and ACCEPT $10,716
from the Fire Department Gift Fund to be appropriated to the Department's FY2006-
07 Operating Budget re the support of several fire programs
d. APPROPRIATE $49,572 from the DEA Seized Property Special Revenue Fund and
$23,000 from the Sale of Weapons Fund to the FY2007-08 Police Operating Budget
re the Police Computer Crimes Unit and Wellness Center
e. TRANSFER $150,000 from the FY 2006-07 TGIF Fund and $150,000 from Various
Site Acquisitions to the FY2006-07 Planning and Community Development
Operating Budget re the development of the Resort Area Strategic Action Plan
f. TRANSFER $135,000 from Full-Time Salaries to Part-Time Salaries within the FY
2006-07 Operating Budget for the Virginia Aquarium Special Revenue Fund re
increased personnel costs
J. PLANNING
1. Application of M&M CONTRACTORS, INC. for a Modification of Condition No. 1 on a
Conditional Use Permit (approved by City Council on July 3, 2001, amended and approved
February 26, 2002, and indefinitely deferred January 31, 2006) at 533 South Lynnhaven Road
re additional storage space.
DISTRICT 3 - ROSE HALL
DEFERRED
RECOMMENDATION
JANUARY 23 AND 31, 2007
APPROVAL
2. Application of GARNETT POINT ROAD, L.L.C. for a Chanf!e ofZoninf! District
Classification from A-12 Apartment District to Conditional A-12 Apartment District with a
PD-H2 Planned Unit Development District Overlay at 416-516 Garnett Point re the
construction of forty (40) single-family dwellings.
DISTRICT 2 - KEMPSVILLE
RECOMMENDA nON
APPROV AL
3. Application of SOUTH INDEPENDENCE ACQUISITION, L.L.C., for a Chanf!e of
Zoninf! District Classification from R-5D and R-I0 Residential Districts to Conditional A-36
Apartment District, Conditional B-4 Mixed Use District and Conditional A-12 Apartment
District with a PD-H2 Overlay at South Independence Boulevard, Princess Anne Road and
1632 Salem Road, "Spence Farm," re 103 single-family dwellings, 347 townhomes, and 230
twin townhomes and Senior Housing.
DISTRICT 1 - CENTERVILLE and DISTRICT 7 - PRINCESS ANNE
DEFERRED
RECOMMENDATION
MA Y 22, 2007
DEFERRAL TO JUNE 26, 2007
4. Application of SOUTH HAMPTON ROADS HABITAT FOR HUMANITY, INC. for a
Chanf!e ofZoninf! District Classification from R-7.5 Residential District to Conditional A-12
Apartment District on the east side of Zurich Arch re the construction of a ten (10) unit
residential condominium.
DISTRICT 3 - ROSE HALL
STAFF RECOMMENDATION
PLANNING COMMISSION RECOMMENDA nON
DENIAL
APPROVAL
5. Application ofDTG OPERATIONS, INC. for a Conditional Use Permit at 3750 Virginia
Beach Boulevard, Suite 1, re motor vehicle rentals within an existing shopping center.
DISTRICT 5 - L YNNHA VEN
RECOMMENDATION
APPROV AL
6. Application of DARK AGE ENTERPRISES, L.L.C. for a Conditional Use Permit at 590
Baker Road re a car wash.
DISTRICT 2 - KEMPSVILLE
RECOMMENDA nON
APPROVAL
K. APPOINTMENTS
BEACHES and WATERWAYS COMMISSION
BLUE RIBBON TAX, FEE, and SPENDING TASK FORCE
OPEN SPACE ADVISORY COMMITTEE
REVIEW and ALLOCATION COMMITTEE (COG)
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
CITYWIDE TOWN MEETINGS
June 19
Virginia Beach Convention Center -7:15 pm
Shaping our Community and Ourselves to Protect our Waterways
**Due to this Town Meeting, the regular City Council Workshop
at 4:00 PM is cancelled.
September 18
Time and Location to be Announced
FY 2008-2010 Budget
November 20
Green Run Homeowners Association Building - 7:15 pm
SwrmwawrPfunsandFundmg
CITY COUNCIL SUMMER SCHEDULE
July 3
July 10
July 17
Cancelled
Briefings, Informal, Formal, including Planning items
Briefings, Informal, Formal, including Planning items
August 7
August 14
August 21
August 28
Cancelled
Briefings, Informal, Formal, including Planning items
Briefings, Informal, Formal
Briefings, Informal, Formal, including Planning items
*********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
* * * * * * * * * * *
Agenda 06/07/2007mb
www.vbgov.com
- 1 -
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 12, 2007
Mayor Meyera E Oberndorf called to order the City Council Session in the City Council Conference
Room, City Hall, on Tuesday, June 12, 2007, at 4:00 P.M
Council Members Present:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Ron A. Villanueva
[Delayed in traffic - Out of City}
June 12, 2007
- 2 -
MA YOR 'S COMMENTS
4:00 P.M.
ITEM # 56518
Mayor Oberndorf expressed appreciation for the beautiful plant from the City Council Members, during
her recuperation from surgery.
ITEM # 56519
Mayor Oberndorf advised on June Sixth, Secretary of the Navy Donald C. Winter, visited the City and she
played Host. The Secretary was very well informed on the City's Base Realignment and Closurt!
Commission (BRAC) compliance, as well as other activities throughout the City. City Attorney Les Lilley,
Charles Meyer, Chief Operating Officer, and Robert Matthias, Assistant City Manager, accompanied the
Mayor. City Attorney Lilley provided an excellent presentation of the City's BRAC compliance program.
ITEM # 56520
The City was honored with an Award for Outstanding Achievement in Local Government at the
Alliance for Innovation Conference on Thursday, June 7, 2007. The Public Voices on Redevelopment
Project Team received the award and made a presentation on the innovative project. The presentation
was selected in a competition to be part of the Citizen Engagement track for the National Conference of
the Alliance for Innovation.
ITEM # 56521
Mayor Oberndorf referenced visiting the 14th Annual North American Sand Soccer Championships
(June 8 -10,2007) at the oceanfront. Other beach sports attractions included beach wrestling, football,
tennis and rugby. Eight hundred sixty (860) teams participated. The Championships are held on over one
mile and a 'half of white sand. Mayor Oberndorf expressed appreciation to the dedicated volunteers
Mayor Oberndorf advised the wresting representatives from the West Coast presented her with a
wrestling trophy. Mayor Oberndorf advised this event attracts participants and visitors from throughout
the United States and many countries.
ITEM # 56522
Mayor Oberndorf referenced attending the graduation of the DARE Drug Abuse Resistance Education
Program) Elementary School participants. Mayor Oberndorf advised the young women directing this
program were extraordinary teachers even though Sherriff's deputies. The children, parents and
grandparents were very impressed and supportive of this program, Mayor Oberndorf expressed
appreciation to Sherriff Lanteigne.
June 12, 2007
-3-
CITY COUNCIL COMMENTS
ITEM # 56523
Council Members Dyer and DeSteph referenced attending on Sunday, June 10, 2007, the Navy SEAL
Memorial Fund Rally consisting of a Relay of two hundred seventy-three (273) "mini "Cooper motor
vehicles. This relay broke the "Guinness Book of World Records ". There were not two (2) mini
Cooper's alike. The participants are throughout the United States. There will be another Rally in August
with hopefully over five hundred (500) cars participating.
Mayor Oberndorf advised her daughter, a pilot with United Airlines, owns and drives a Cooper in order
to afford the gas in San Francisco.
ITEM # 56524
Council Lady Henley referenced the Citywide Town Meeting scheduled for June 19, 2007, 7:15 P.M. at
the Virginia Beach Convention Center, re Shaping our Community and Ourselves to Protect our
Waterways. The Workshop of June 19, 2007, will be CANCELLED.
The Green Ribbon Committee has been meeting all this year and met recently compiling the
recommendations of the various Subcommittees re regulatory and other methods of improving water
quality in the City's waterways. One of the main recommendations from all the Subcommittees was the
City setting the standard re practices for water quality. City policy should ensure all new City projects
and renovations meet water quality requirements and are a positive example of "green " building
techniques and standards. One of the discussions will concern methods individuals can follow on their
own properties to help water quality,
Council Lady Henley referenced the U.S. News and World Report article of June Fourth, which
referenced water quality. Maximum Daily Load (TMDL) study concerns the Southern Rivers (Nanney's
Creek, West Neck Creek and Mill Dam Creek) .
Council Lady Henley referenced the item on the Formal Session:
I.1. c. Ordinance to AMEND the City Code and ADD §6--127 to Chapter 6
Beaches, Boats and Waterways and ESTABLISH regulations
re the Lynnhaven River Watershed "No Discharge Zone"
Council Lady Henley advised apparently it is not unique for boats to discharge sewage, whether treated
or not, into the Waters of the Lynnhaven. Council Lady Henley has concerns and inquired re other
waterways which might be designated "No Discharge Zones. "
Councilman DeSteph advised just about everywhere where a boat can get gasoline, sewage discharge
areas are fully manned and ready to pump out ` for free ". There is no excuse.
Council Lady Henley advised Virginia Beach has the second only "No Discharge Zone " in the State.
Councilman Uhrin referenced a pump out station right by Chic's Marina on the inside of Lesner Bridge.
The facility was not manned on Sunday, Memorial Day weekend. The City Manager advised the employee
is no longer with the City and the City is attempting to backfill this position on a temporary basis.
Tvv,o 1 ~ ~nn~
- 4 -
CITY COUNCIL COMMENTS
ITEM # 56525
Council Lady Henley referenced the article appearing in the Virginia Municipal League (VML)
Newsletter concerning a one day symposium. The symposium entitled "Using the Transportation Act of
2007 to Make Growth Work" will be held July 2lh (10:00 A.M. - 3:30 P.M.) in Henrico and will
review the impact fees, cash proffers and how to develop Urban Development areas.
The City Manager advised staff will be attending and encouraged City Council Members to attend.
Transportation is determined to be City Council's Number One Priority.
June 12, 2007
- 5 -
AGE N DA REV IE W S E S ION
4:17 P.M
ITEM # 56526
I.e. Ordinance to AMEND the City Code ADD 96-127 to Chapter 6
Beaches, Boats and Waterways and ESTABLISH regulations re
the Lynnhaven River Watershed "No Discharge Zone"
Associate City Attorney Kay Wilson advised this Ordinance authorizes the Federal, State and local Police
to provide enforcement. However, the City's Marine Patrol will probably do the majority of enforcement.
This designation of a "No Discharge Zone" was a two-year process. Public Works/Engineering is
currently reviewing Rudee as a "No Discharge Zone". These designations must be approved through the
Department of Environmental Quality (DEQ) as well as the Environmental Protection Agency.
Councilman DeSteph believes watersheds should be reviewed as a group, rather than individually.
Charles Meyer, advised additional personnel impact is not expected through enforcement of additional
"No Discharge Zones. "
ITEM # 56527
3. Ordinance to AUTHORIZE, in accordance with Virginia Code 933.1-371.1, the
issuance of a vegetation control permit to Edwin B. Lindsley, Jr., re the removal and
replacement of certain vegetation on Virginia Beach Boulevard near Rosemont and
Bonney Roads.
Deputy City Attorney Macali advised good news. The five (5) crepe myrtles to be removed will be
relocated within three (3) miles, as per the City's direction. Relative the fifty-six (56) existing Euonymus
shrubs to be removed; however, the first twenty-four (24) from Rosemont Road West do not have to be
replaced,' however, there are others that are dying or deceased and Mr. Lindsey will transplant those
from this billboard to the new location as replacements. In addition, the area along the base of the
billboard visible from Virginia Beach Boulevard and Bonney Road will have twelve (12) Mini Crepe
Myrtles and such number of Dwarf Yaupon Holly shrubs as will be sufficient to fully screen the
supporting structures of the billboard from view. The remaining portion of the hedge will be replaced
with Dwarf Yaupon Hollys. Deputy City Attorney Macali will distribute the AMENDED Ordinance
during the Formal Session.
Council Lady McClanan advised Cheryl Klobucher, Nancy Parker, and Johnnie Miller - Members --
Virginia Beach Beautification Commission met yesterday morning, June 4, 2007, with Attorney Ken
Geroe, Mr. Lindsley and Deputy City Attorney Macali. Concerns have been addressed.
Members of the Beautification Commission wish to speak. This item will be discussed during the Formal
Session.
ITEM # 56528
BY CONSENSUS, the following shall compose the CONSENT AGENDA
1. Ordinances to AMEND the City Code:
a. AMEND 91-12.2 re an increase in the Courthouse Security Fee imposed
upon persons convicted of criminal or traffic offenses
b. INCREASE the Department of Sheriff and Corrections FY 2007-08
Special Revenue fund by $300,000 re four (4) additional deputy positions
with an increase to part-time wages for Courthouse Security Screeners
June 12, 2007
- 6 -
AGE N DA REV IE W S E S ION
ITEM # 56528 (Continued)
c. ADD ~6-127 to Chapter 6 Beaches, Boats and Waterways and
ESTABLISH regulations re the Lynnhaven River Watershed
"No Discharge Zone"
d. AMEND ~6-32 re the penalty for casting garbage into any waters of
Virginia Beach
2. Ordinances re Beaches and Waterways Advisory Commission:
a. DELETE ~6-165 of the City Code re termination of the Commission
b. AMEND the Bylaws re expansion of the Commission to eleven (J 1)
members
4. Ordinance to REQUEST the Virginia Department of Transportation (VDOT)
establish a Wesleyan Drive Improvement Project; ACCEPT and
APPROPRIATE $640,550 of Regional Surface Transportation Program (RSTP)
funds from the City of Norfolk and $4,950,000 RSTP funds from the State to
complete the project design; and, AUTHORIZE the City Manager to execute a
Cost Participation Agreement with the City of Norfolk.
5. Ordinances to REVISE categorical appropriations for the School Operating
Fund; and, AMEND the City's FY 2007-08 Operating Budget and FY 2007-08
Capital Budget as requested by the School Board:
a. Adjusted appropriations to the School Operating Budget:
1. $555,724,972 to Instruction
2. $ 24,189,034 to Administration, Attendance and Health
3. $ 30,891,040 to Pupil Transportation
4. $ 96,357,081 to Operations and Maintenance
b. Adjusted $12,108,658 transfer to the Capital Budget re decrease in the
appropriation for Various Site Acquisitions - Phase 1
c. Adjusted $1,185,000 appropriation to the School Operating Budget re
additional State revenue
d. Adjusted $4,681,645 appropriation to the School Athletic Special
Revenue Fund
6. Ordinances to APPROPRIATE and/or TRANSFER:
a. APPROPRIATE $596,077 in additional Community
Development Block Grant (CDBG) and HOME Program income
to the Department of Housing and Neighborhood Preservation's
budget to be usedfor additional grants
June 12, 2007
- 7 -
AGE N DA REV IE W S E S ION
ITEM # 56528 (Continued)
b. ACCEPT $60,000 from other Commonwealth's Attorney's offices and
APPROPRIATE $40,000 to the FY 2006-07 and $20,000 to the FY 2007-
08 Commonwealth's Attorney's Operating Budget re upgrades to the
Virginia Commonwealth's Attorney Information System (VCAIS)
c. APPROPRIATE $38,563 from Cost Recovery Revenue and ACCEPT
$10, 716from the Fire Department Gift Fund to be appropriated to the
Department's FY2006-07 Operating Budget re the support of several fire
programs
d. APPROPRIATE $49,572from the DEA Seized Property Special Revenue
Fund and $23,000 from the Sale of Weapons Fund to the FY2007-08 Police
Operating Budget re the Police Computer Crimes Unit and Wellness
Center
e. TRANSFER $150,000from the FY 2006-07 TGIF Fund and $150,000
from Various Site Acquisitions to the FY2006-07 Planning and Community
Development Operating Budget re the development of the Resort Area
Strategic Action Plan
f TRANSFER $135,000 from Full- Time Salaries to Part- Time Salaries
within the FY 2006-07 Operating Budgetfor the Virginia Aquarium
Special Revenue Fund re increased personnel costs
June 12, 2007
- 8 -
AGE N DA REV IE W S E S ION
ITEM # 56529
3. Application of SOUTH INDEPENDENCE ACQUISITION, L.L. c., for a Change of
Zoning District Classification from R-5D and R-lO Residential Districts to
Conditional A-36 Apartment District, Conditional B-4 Mixed Use District and
Conditional A-12 Apartment District with a PD-H2 Overlay at South Independence
Boulevard, Princess Anne Road and 1632 Salem Road, "Spence Farm, "re 103
single-family dwellings, 347 townhomes and 230 twin townhomes and Senior
Housing.
DISTRICT 1 - CENTERVILLE and DISTRICT 7 - PRINCESS ANNE
Jack Whitney, Interim Director - Planning Department, advised the applicant has requested a
DEFERRAL until the City Council Session of June 26, 2007, in order to meet with the surrounding
communities and modify the proffers re further reduction in traffic impacts.
ITEM # 56530
4. Application of SOUTH HAMPTON ROADS HABITAT FOR HUMANITY, INC
for a Chanf!e of Zoning District Classificationfrom R-7.5 Residential District to
Conditional A-12 Apartment District on the east side of Zurich Arch re the
construction of a ten (10) unit residential condominium.
DISTRICT 3 - ROSE HALL
Council Lady McClanan advised Kenneth Lacy, President - Lynnhaven Woods Civic League, wishes
to share concerns re this development. He is concerned re the Total Maximum Daily Load (TMDL)
Plan. Council Lady McClanan referenced the correspondence re City/Navy Memorandum of
Understanding. The Memorandum of Understanding between the City and NAS Oceana requires
representatives of both parties to meet in order to discuss and evaluate discretionary development
applications of uses that are designated as Not Compatible in either the City's AICUZ Overlay
Ordinance or the Navy's AICUZ Program. The Memorandum of Understanding (MOU) Committee
met on April 26, 2007, and was of the opinion that there are no other reasonable uses for the property
that are compatible with the Navy's AICUZ Program guidelines. A maximum development potential
of the site, six (6) unit residential condominium is not unreasonable. The applicant will be
requesting a DEFERRAL until the City Council Session of August 14, 2007, concerning reducing from
a ten (10) unit to a six (6) unit residential condominium. This application is within the 65-70 dB
DNL Noise Zone.
ITEM # 56531
BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA
J PLANNING
1. Application ofM&M CONTRACTORS, INCfor a Modification of Condition No.1
on a Conditional Use Permit (approved by City Council on July 3,2001, amended and
approved February 26,2002, and indefinitely deferred January 31,2006) at 533 South
Lynnhaven Road re additional storage space.
DISTRICT 3 - ROSE HALL
2. Application of GARNETT POINT ROAD, L.L.Cfor a Change of Zoning District
Classification from A -12 Apartment District to Conditional A -12 Apartment District
with a P D-H2 Planned Unit Development District Overlay at 416-516 Garnett Point re
the construction offorty (40) single-family dwellings.
DISTRICT 2 - KEMPSVILLE
June 12, 2007
- 9 -
AGE N DA REV I E W S E S ION
ITEM # 56531 (Continued)
3. Application of SOUTH INDEPENDENCE ACQUISITION, L.L.C., for a Change of
Zoninz District Classi/icationfrom R-5D and R-10 Residential Districts to Conditional
A-36 Apartment District, Conditional B-4 Mixed Use District and Conditional A-12
Apartment District with a PD-H2 Overlay at South Independence Boulevard, Princess
Anne Road and 1632 Salem Road, "Spence Farm," re 103 single-family dwellings, 347
townhomes, and 230 twin townhomes and Senior Housing.
DISTRICT 1- CENTERVILLE and DISTRICT 7 - PRINCESS ANNE
5. Application ofDTG OPERATIONS, INC.for a Conditional Use Permit at 3750
Virginia Beach Boulevard, Suite 1, re motor vehicle rentals within an existing
shopping center.
DISTRICT 5 - LYNNHA VEN
6. Application of DARK A GE ENTERPRISES, L.L. C. for a Conditional Use Permit at
590 Baker Road re a car wash.
DISTRICT 2 - KEMPSVILLE
Item J3 (South Independence Acquisition, L.L.c.) will be DEFERRED, BY CONSENT, until the City
Council Session of June 26, 2007.
June 12, 2007
- 10-
ITEM # 56532
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2. 1-371 1 (A), Code of Virginia, as amended,for the following purpose:
PERSONNEL MATTERS: Discussion, consideration of 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)(l)
Council Appointments: Boards, Commissions, Committees,
Authorities and Agencies
Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council voted to proceed
into CLOSED SESSION (4:58 P.M.).
Voting: 9-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin and Ron A. Villanueva
(Closed Session: 4:58 P.M. - 5:35 P.M.)
(Dinner: 5:35 P.M. - 6:00 P.M.)
June 12, 2007
- 11 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
June 12, 2007
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, June 12, 2007, at 6:00 P.M
Council Members Present:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Ron A. Villanueva
[Delayed in traffic -
Out of the City)
1NVOCA TION: Reverend T. E. "Gene" Thieman, DD
Retired Baptist Pastor
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank.
Three (3) years ago, Fulton Financial Corporation ("Fulton Financial") purchased Resource Bank. On
March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a
Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a
"personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of
transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton
Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal
knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting
of City Council for the purpose of identifying any matters in which he might have an actual or potential
conflict, If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the
appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones
regularly makes this disclosure. Vice Mayor Jones' letter of April 1 0, 2007, is hereby made a part of the
record.
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm 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 and file 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.
June 12, 2007
- 12 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
(Continued)
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 sht1
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 this disclosure. Council Lady
Wilson's letter of January 27, 2004, is hereby made a part of the record.
June 12,2007
- 13 -
Item V-E.
CERTIFICATION OF CLOSED SESSION
ITEM # 56533
Upon motion by Councilman Dyer, seconded by Councilman DeSteph, 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:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Ron A. Villanueva
June 12, 2007
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 #56532, Page 10, and in accordance with the provisions of The
Virginia Freedom of Information Act, and,
WHEREAS: Section 22-3712 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 RESOL VED: 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.
R h Hodges Fraser, MMC
City Clerk
June 12, 2007
- 14 -
Item V-F.J.
MINUTES
ITEM #56534
Upon motion by Councilman Dyer, seconded by Councilman DeSteph, City Council APPROVED the
Minutes of the INFORMAL and FORMAL SESSIONS of June 5, 2007.
Voting: 9-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara
M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E.
Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Abstaining:
Mayor Meyera E. Oberndorf
Council Members Absent:
Ron A. Villanueva
Mayor Oberndorf ABSTAINED as she was not in attendance during the City Council Session of June 5,
2007, as she was at home recoveringfrom surgery.
June 12, 2007
- 15 -
Item V-G 1.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM 56535
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
June 12, 2007
- 16 -
Item V-G 1.
ITEM 56536
PRESENTATION
Mayor Oberndorf recognized the following Boy Scout in attendance to fulfill requirements for his
Communications and Citizenship badge.
Troop 407
Bow Creek Presbyterian Church
Andrew Becker
Mayor Oberndorf presented the Scout with a City Seal pin from the City of Virginia Beach.
June 12, 2007
- 17 -
Item v.l.
ORDINANCES
ITEM #56537
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN
ONE MOTION Ordinances 1a/ble/d, 2alb., 4, 5a/ble/d and 6,a/ble/dle/fofthe CONSENT AGENDA
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorj, John E. Uhrin, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Ron A. Villanueva
June 12, 2007
- 18 -
Item V.I.] aalb/c/d
ORDINANCES
ITEM #56538
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinances to AMEND the City Code:
AMEND ~1-12.2 re an increase in the Courthouse
Security Fee imposed upon persons convicted of
criminal or traffic offenses
INCREASE the Department of Sheriff and Corrections
FY 2007-08 Special Revenue fund by $300,000 re four
(4) additional deputy positions with an increase to part-
time wages for Courthouse Security Screeners
ADD 96-127 to Chapter 6 Beaches, Boats and
Waterways and ESTABLISH regulations re the
Lynnhaven River Watershed UNo Discharge Zone"
AMEND ~6-32 re the penalty for casting garbage into
any waters of Virginia Beach
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Ron A. Villanueva
June 12, 2007
1 AN ORDINANCE TO AMEND CITY CODE SECTION 1-12.2
2 PERTAINING TO THE COURTHOUSE SECURITY FEE
3 IMPOSED UPON PERSONS CONVICTED OF CRIMINAL
4 OR TRAFFIC OFFENSES
5
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8
9 That Section 1-12.2 of the City Code is hereby amended and reordained to read
10 as follows:
11
12 Sec. 1-12.2. Assessment of court costs for the cost of persons admitted to jail
13 following conviction and the costs of court house security.
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16 (b) (1) In addition to any other fees prescribed by law, a fee of Hve ten
17 dollars (~$10.00) is hereby imposed in each criminal and traffic case
18 in which the defendant is convicted of a violation of any statute or
19 ordinance. The clerks of the district and circuit courts shall charge and
20 collect this assessment as a part of the fees taxed as costs.
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22 (2) After collection by the clerk of the court in which the case is heard,
23 the assessment shall be remitted to the city treasurer and held subject to
24 appropriation by the city council to the sheriffs office for funding court
25 house security personnel.
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27 Be it further ordained that the effective date of this ordinance shall be July 1,
28 2007.
29
30 Adopted by the City Council of the City of Virginia Beach, Virginia on this 1 ih
31 day of June, 2007.
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AN ORDINANCE TO INCREASE THE
DEPARTMENT OF SHERIFF AND CORRECTIONS
FY 2007-08 SPECIAL REVENUE FUND IN THE
AMOUNT OF $300,000 AND TO APPROVE FOUR
DEPUTY POSITIONS FOR COURTHOUSE
SECURITY
WHEREAS, the Sheriff's Department is responsible for providing courtroom and
courthouse security; and
WHEREAS, the 2007 General Assembly amended section S53.1-120 of the
Code of Virginia to allow localities to increase the assessment per conviction of a
violation of any criminal or traffic violation to a total of $10 per conviction; and
WHEREAS, this fee shall be used solely by the Sheriff's Department for the
funding of courthouse security personnel and equipment.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That $300,000 in increased estimated revenue is a result of the increased
fee from five dollars ($5) to ten dollars ($10) per conviction of any criminal or traffic
violation; and
2. That $300,000 in estimated revenue from the increase of the court
security fee is hereby appropriated to the Sheriff's Department FY 2007-08 Operating
Budget for four additional deputies for courtroom security and increases to part-time
wages for courthouse security screeners; and
3. That these additional deputies for courtroom security and increases to
part-time wages will be eliminated or funding within the Sheriff's Operating budget will
be permanently reallocated to support these increases costs if the fee authorization is
reduced by the state in the future; and
4. That $300,000 from local revenue sources is increased accordingly.
Requires an affirmative vote by a majority of the members of the City Council.
Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of
June , 2007.
Approved as to Content:
~l!!djL
Approved as to Legal Sufficiency:
;f~~
City Attorney's Office
CA 10423
R-2
June 1, 2007
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AN ORDINANCE ADDING SECTION 6-127 TO CHAPTER 6
BEACHES, BOATS AND WATERWAYS OF THE VIRGINIA
BEACH CITY CODE ESTABLISHING REGULATIONS FOR THE
L YNNHAVEN RIVER WATERSHED NO DISCHARGE ZONE
Section Added: 6-127
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 6-127 of the City Code is hereby added and ordained to read
as follows:
Chapter 6 BEACHES, BOATS AND WATERWAYS
Article V. Boating, Skiing and Surfing.
Sec. 6-127. No Discharqe Zone.
For purposes of this section, the followinq phrases shall have the
meaninqs respectfully ascribed to them:
(1 )
Container seal shall mean a tamper-evident plastic or wire security
device.
(2)
Discharae shall include, but is not limited to, any spillinq, leakinq,
pumpinq, pourinq, emittinq, emptyinq, or dumpinq.
(3)
Lvnnhaven River Watershed in the City of Virqinia Beach is
desiqnated as all contiquous waters south of the Lesner Bridqe at
Lynnhaven Inlet (latitude 36054'27.90"N and lonqitude
76005'30.90"W) and north of the watershed break point at the
intersection of West Neck Creek and Dam Neck Road (latitude
36047'17.60"N and lonqitude 76004'14.62"W).
(4)
Macerator /Jum/J valve shall mean a valve in a vessel's sewaqe
pipinq that in the open position allows an overboard discharqe of
sewaqe via a throuqh-hull fittinq.
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(5) Marine sanitation device shall mean any equipment installed on a
vessel and that is desiqned to receive. retain. treat. or discharqe
sewaqe and any process to treat such sewaqe.
(6) No Discharae Zone shall mean an area determined by the U.S.
Environmental Protection Aqency and the Commonwealth where
there is established a complete prohibition of all treated or
untreated discharqes of sewaqe from all vessels.
(7) Sewaae shall mean human body wastes. the wastes from toilets
and other receptacles intended to receive or retain human wastes.
and liquid-carried human wastes toqether with such industrial
wastes and other liquid as may be present.
(8) Vessel shall mean every description of watercraft or other artificial
contrivance used. or capable of beinq used on the waters of the
Commonwealth. includinq boats and houseboats. reqardless of
size. means of propulsion or place of reqistrv.
(9) Y-valve shall mean a valve in a vessel's sewaqe pjpinq that in the
open position allows an overboard discharqe of sewaqe via a
throuqh-hull fittinq and in the closed position prevents an overboard
discharqe and retains sewaqe in a holdinq tank.
The Lynnhaven River Watershed has been desiqnated a No Discharqe
Zone by the U.S. Environmental Protection Aqency and the
Commonwealth of Virqinia.
The followinq requirements apply in the No Discharqe Zone:
(1) All discharqe of sewaqe. whether treated or not. and other wastes
from all vessels into the No Discharqe Zone is prohibited.
(2) Vessels without installed toilets shall dispose of any collected
sewaqe from portable toilets or other containment devices at
appropriate facilities approved by the Virqinia Department of
Health. in a manner that complies with state law.
(3) Vessels with installed toilets shall have a marine sanitation device
to allow sewaqe holdinq capacity. unless the toilets are rendered
inoperable.
(4) Houseboats havinq installed toilets shall have a holdinq tank with
the capability of collectinq and holdinq sewaqe and disposinq of
collected sewaqe at a pump-out facility or other facility approved by
the Virqinia Department of Health for collection of sewaqe wastes; if
2
91 the houseboat lacks such capabilitv. the installed toilet shall be
92 removed.
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94 (5) Y-valves, macerator pump valves or any other throuqh-hull fittinq
95 valves capable of allowinq a discharqe of sewaqe from marine
96 sanitation devices shall be secured in the closed position bv a
97 device that is not readilv removable. includinq, but not limited to, a
98 numbered container seal. such that throuqh-hull sewaqe discharqe
99 capabilitv is rendered inoperable.
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101 (6) Every owner or operator of a marina within the No Discharqe Zone
102 shall notify boat patrons leasinq slips of the sewaqe discharqe
103 restriction. As a minimum. notification shall consist of No
104 Discharqe Zone information in the slip rental contract and a siqn
105 indicatinq the area is a No Discharqe Zone.
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107 (7) All vessels shall place in their marine sanitation device a dye tablet
108 supplied bv the City.
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110 (d) Violations of this section shall. upon conviction. be a Class 1
111 misdemeanor.
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113 (e) The Virqinia Beach Police Department and other law-enforcement officers
114 of this Commonwealth and the Federal Government shall have the
115 authority to enforce this section.
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117 Adopted by the City Council of the City of Virginia Beach, Virginia on this
118 12th day of June, 2007.
3
APPROVED AS TO CONTENT
~.c--
Pub' . s.. --
APPROVED AS TO CONTENT
CA 10384
R3
May 2, 2007
APPROVED AS TO LEGAL SUFFICIENCY:
Jl~1!J jfrmi
4
1 AN ORDINANCE TO AMEND SECTION 6-32 OF THE CITY
2 CODE PERTAINING TO THE PENALTY FOR CASTING
3 GARBAGE INTO WATERS
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5 Section Amended: City Code 9 6-32
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7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9
10 That the City Code is hereby amended and reordained by the amendment of
11 Section 6-32 to read as follows:
12
13 CHAPTER 6
14 BEACHES, BOATS AND WATERWAYS
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18 Sec. 6-32. Casting garbage, etc., into waters.
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20 Except as otherwise permitted by law, it shall be unlawful for any person to cast,
21 throw or dump any garbage, refuse, dead animal, trash, carton, can, bottle, container,
22 box, lumber, timber or like material, or other solid waste, except fish or crab bait in any
23 form, into any of the waters of this city. When a violation of any provision of this section
24 has been observed by any person, and the matter dumped or disposed of has been
25 ejected from a boat, the owner or operator of such boat shall be presumed to be the
26 person ejecting such matter; provided, however, that such presumption shall be
27 rebuttable by competent evidence. Every such act shall be a misdemeanor punishable
28 by a fine not to exceed one hundred thousand dollars ($100.00) ($1000.00) or
29 confinement in jail not to exceed thirty (30) days, or both.
30
31 This Ordinance shall become effective on July 1, 2007.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of
June, 2007.
- 19 -
Item V,I.2a1b
ORDINANCES
ITEM #56539
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinances re Beaches and Waterways Advisory Commission:
DELETE 96-165 of the City Code re termination of the
Commission
AMEND the Bylaws re expansion of the Commission to
eleven (11) members
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Ron A. Villanueva
June 12, 2007
1 AN ORDINANCE TO DELETE SECTION 6-165 OF THE
2 CITY CODE PERTAINING TO THE TERMINATION OF THE
3 BEACHES AND WATERWAYS ADVISORYCOMMISSION
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5 Section Deleted: City Code 9 6-165
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9
10 That the City Code is hereby amended and reordained by the deletion of Section
11 6-165 to read as follows:
12
13 CHAPTER 6
14 BEACHES, BOATS AND WATERWAYS
15
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17 ARTICLE VIII. BEACHES AND WATERWAYS ADVISORY COMMISSION
18
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21 Soc. 6 165. Termination.
22
23 The commission shall terminate automatically at midnight on June 30, 2005,
24 unless it is terminated or extended by city council prior to that date.
25
Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of
June, 2007.
1 AN ORDINANCE TO AMEND THE BYLAWS OF THE
2 BEACHES AND WATERWAYS ADVISORY COMMISSION
3
4 WHEREAS, the Bylaws of the Beaches and Waterways Advisory Commission
5 were adopted by City Council by Ordinance 2583 on May 23, 2000;
6
7 WHEREAS, the City Code was amended by Ordinance 2588 on June 13, 2000 to
8 provide for the incorporation of the creation and termination of the Commission into the
9 City Code;
10
11 WHEREAS, the Bylaws were not amended at that time to include the expansion
12 of the Commission from seven (7) to eleven (11) members;
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14 WHEREAS, the Bylaws also provided for the termination of the Commission on
15 June 30, 2005; and
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17 WHEREAS, the attached Bylaws (incorporated herein) are corrected to reflect the
18 current composition of the Commission and to delete the termination provision.
19
20 THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22
23 That the Bylaws of the Beaches and Waterways Advisory Commission are
24 hereby amended and reordained to read as attached:
25
Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of
June, 2007.
1 BYLAWS OF THE BEACHES AND WATERWAYS
2 ADVISORY COMMISSION
3
4 ARTICLE I
5 NAME
6
7 The name of the commission shall be the Beaches and Waterways Advisory
8 Commission.
9
10 ARTICLE II
11 PURPOSE
12
13 The purpose of the Commission shall be:
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15 1. To review issues referred to it by City Council concerning access to, and the
16 preservation, development and use of, the City's beaches and waterways, and to make
17 recommendations to the City Council regarding such issues.
18
19 2. To serve as the City's local erosion advisory commission and carry out the
20 responsibilities imposed on such local commissions pursuant to 9 10.1-711 of the Code
21 of Virginia.
22
23 ARTICLE III
24 MEMBERS
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26 Section 1. Number. The Commission shall be comprised of seven (7) eleven (11)
27 members, with one (1) member being appointed by City Council from the residents of
28 each of the City's seven (7) election districts. and four (4) members beinq appointed by
29 City Council from residents of the City at larqe.
30
31 Section 2. Term. The initial terms of the members appointed from the Bayside, Beach
32 and Centerville districts shall be for three (3) years; the initial terms of the one (1) at-
33 larqe member and the members appointed from the Kempsville and Lynnhaven districts
34 shall be for two (2) years; and the initial terms of the one (1) at-Iarqe member and the
35 members appointed from the Princess Anne and Rose Hall districts shall be for one (1)
36 year. Thereafter, all members shall be appointed to serve more than three (3) years. In
37 accordance with 9 2-3 of the City Code, no member shall be appointed to serve more
38 than three (3) consecutive three-year terms. All initial appointments shall commence on
39 the same date.
40
41 Section 3. Qualifications. Each member must be a resident of the district from which he
42 or she is appointed. and the at-Iarqe member must be a resident of the City of Virqinia
43 Beach. The appointees shall have knowledge and experience concerning beach and
44 waterway-related issues.
45
46 Section 4. Chair and Vice-Chair. The Chair and Vice-Chair shall be appointed by a
47 majority vote of the Commission held on the first meetinq in Julv, and shall serve for a
48 term of one (1) year. The Chair (or Vice-Chair in the Chair's absence) shall preside over
49 all meetings of the Commission. The Chair and Vice-Chair may be re-appointed for
50 additional terms.
51
52 Section 5. Attendance. Attendance records shall be kept at each meeting of the
53 Commission and an annual report of the attendance of the members shall be filed with
54 the City Clerk by June 30 of each year for review by city Council. No member shall
55 accumulate an annual total of more than three (3) absences (or be absent from more
56 than one-fourth of the total number of meetings). If this limitation is exceeded from
57 reasons other than personal illness, death, or other unusual circumstances, the
58 appointment shall be terminated automatically, or as otherwise prescribed by law.
59 Members shall be paid $50.00 for each meeting attended.
60
61 Section 6. Vacancies. A vacancy caused by death, resignation, termination, expiration,
62 or otherwise shall be filled by City Council for the unexpired term thereof, or in the case
63 of an expiration, for three (3) years, within thirty (30) days of said vacancy.
64
65 ARTICLE IV
66 MEETINGS
67
68 Section 1. Regular meetings. When the Commission has business it shall meet at least
69 once a month at a time and location to be determined by the Chair upon consultation
70 and coordination with the other members.
71
72 Section 2. Special meetings. A special meeting may be called by the Chair of three (3)
73 members of the Commission, or may be convened by City Council, to consider any
74 matter that, in the determination of the Chair, the members, or the City Council, needs to
75 be addressed prior to a regular meeting.
76
77 Section 3. Requirements. A majority of Commission members shall be present in order
78 for any official action to be taken. All actions of the Commission shall be conducted at a
79 regular or special meeting and shall require a majority vote of those members present.
80
81 ARTICLE V
82 REPORTS
83
84 Section 1. Annual Report. Within forty-five (45) days of the end of the rascal year, the
85 Commission shall prepare, and submit to City Council, an annual report of its activities,
86 recommendations, and proposals, including a financial statement, if applicable. Interim
87 reports to City Council may be provided when deemed appropriate or necessary by the
88 Commission or the Council.
89
90 Section 2. Requirements. All reports shall be approved by a majority of the members of
91 the Commission. In any report to the Council, the Commission shall identify any
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conflicts that its report may have with the proposals and/or recommendations of other
City agencies.
ARTICLE VI
COORDINATION
Section 1. City departments. The Commission shall work with and through the
Department of Public Works ("the department") which shall, in close cooperation with
the City Manager's Office, be responsible for coordinating the efforts of the Commission
with other City departments, boards, and commissions to (1) ensure that there is no
unnecessary duplication of efforts; (2) enable the Commission to review the proposals
and recommendations of such other City departments, boards and commissions for
compatibility (or incompatibility) with Commission objectives; and (3) enable such other
City departments, boards and commissions to review and provide comments on
Commission-generated proposals and recommendations.
Section 2. Other agencies. The Commission and the Department shall make a special
effort to establish open lines of communication with other agencies involved in the
review of beach and waterway-related issues.
ARTICLE VII
COMMITTEES
The Chair of the Commission shall have the authority to appoint committees,
comprised of members of the Commission and non-members with special expertise, to
study and review specific areas of concern and to report back to the full Commission for
such action as the Commission may deem appropriate.
ARTICLE VIII
AMENDMENTS
No alteration, amendment, repeal of these Bylaws or any section hereof shall be
effective without the prior consent of City Council.
ARTICLE IX
TERMINATION
The Commission sh311 termin3te 3utom3tic311y 3t midnight on June 30, 2005,
unless termin3ted or extended by City Council prior to th3t d3te.
Adopted by the City Council of the City of Virginia Beach on the
of June ,2007
12th day
- 20-
Item V.I. 3.
ORDINANCES
ITEM #56540
Attorney Ken Geroe, 1369 Laskin Road, Phone: 428-6021, represented the estate of Edwin Lindsley, Jr,
and advised meeting with the members of the Virginia Beach Beautification Commission. Deputy
City Attorney William Macali drafted a REVISED Ordinance, with which all parties concurred.
Cheryl Klobuchar, 758 Suffolk Lane, Phone: 463-4885, President - Virginia Beach Beautification
Commission and Past President of Council of Garden Clubs of Virginia Beach, expressed appreciation
to City Attorney William Macali concerning amendments.
Deputy City Attorney Macali advised representatives of the Virginia Beach Beautification Commission
met with Mr. Lindsley and Attorney Geroe, and reached an agreement. The five (5) crepe myrtles to be
removed will be relocated within three (3) miles, as per the City's direction. Mr. Lindsley will monitor
the health of these plants for one (1) year. Fifty-six (56) existing Euonymus shrubs are to be removed;
However, the first twenty jour (24) from Rosemont Road West do not have to be replaced. There are
others that are dying or deceased and Mr. Lindsley will transplant these from this billboard as
replacements to the new location. In addition, the area along the base of the billboard visible from
Virginia Beach Boulevard and Bonney Road will have twelve (12) Mini Crepe Myrtles and such number
of Dwarf Yaupon Holly shrubs as will be sufficient to fully screen the supporting structures of the
billboard from view. The remaining portion of the hedge will be replaced with Dwarf Yaupon Hollys.
Upon motion by Council Lady McClanan, seconded by Vice Mayor Jones, City Council ADOPTED, AS
REVISED:
Ordinance to AUTHORIZE, in accordance with Virginia Code 833.1-
371.1, the issuance of a vegetation control permit to Edwin B. Lindsley,
Jr., re the removal and replacement of certain vegetation on Virginia
Beach Boulevard near Rosemont and Bonney Roads.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Ron A. Villanueva
June 12, 2007
1 AN ORDINANCE APPROVING THE APPLICATION OF EDWIN B.
2 LINDSLEY, JR. FOR A VEGETATION CONTROL PERMIT TO
3 ALLOW THE REMOVAL AND REPLACEMENT OF CERTAIN
4 VEGETATION LOCATED ON VIRGINIA BEACH BOULEVARD
5 AND IMPOSING CONDITIONS UPON SUCH PERMIT
6
7
8 WHEREAS, Edwin B. Lindsley, Jr., by Kenneth P. Lindsley ("Lindsley"), his duly
9 appointed conservator, has submitted to the City a vegetation control permit application
10 pursuant to Section 33.1-371.1 of the Virginia Code, which authorizes the removal of
11 vegetation that obstructs motorists' view of signs displayed on outdoor advertising
12 structures located on highways within the Commonwealth of Virginia; and
13
14 WHEREAS, more particularly, such application seeks the removal of five (5) Crepe
15 Myrtle trees from their current location on the south side of Virginia Beach Boulevard, west
16 of Rosemont Road Drive, and the removal of fifty-six (56) existing Euonymus shrubs and
17 their replacement by an equal number of Dwarf Yaupon Holly shrubs, all as is more
18 particularly described in the landscaping_ plan submitted by Lindsley as a part of the
19 application; and
20
21 WHEREAS, the Commonwealth Transportation Commissioner has delegated to the
22 City the authority to administer, in accordance with the applicable statutes and regulations,
23 the vegetation control program set forth in Virginia Code Section 33.1-371.1, and the City
24 has accepted such delegation of authority; and
25
26 WHEREAS, notwithstanding the opposition of the City and many other persons to
27 certain legislation introduced during the 2006 General Assembly session, such legislation
28 was enacted, thereby rendering all highways within the City subject to the vegetation
29 control permit program; and
30
31 WHEREAS, while it is the sense of the City Council that the aforesaid legislation is
32 inimical to its longstanding and abiding efforts to beautify the roadways within the City of
33 Virginia Beach, the City Council is bound by the provisions of Virginia Code Section 33.1-
34 371.1 and the regulations promulgated thereunder; and
35
36 WHEREAS, Lindsley has submitted to the City cash surety, in the amount required
37 by statute, securing the performance of the conditions of the permit;
38
39 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
40 VIRGINIA BEACH, VIRGINIA:
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
That the City of Virginia Beach hereby grants the aforesaid application of Edwin B.
Lindsley, Jr., for a vegetation control permit upon the following conditions:
1. The vegetation to be removed shall be limited to the (5) five Crepe Myrtle
trees and fifty-six (56) Euonymus shrubs designated in the application and supporting
materials;
2. Lindsley shall replant the five (5) Crepe Myrtle trees at such location or
locations, within a radius of three (3) miles, as the City may determine. The City shall be
responsible for maintenance of such trees; provided, however, that for a period of one (1)
year after their replanting, Lindsley shall be strictly liable for the replacement of any of the
five (5) Crepe Myrtle trees that, in the sole judgment of the City, require replacement by
reason of drought or disease;
3. Lindsley shall replant such number of the fifty-six (56) Euonymus shrubs as
the City may specify to replace diseased or dying shrubbery in adjacent City beautification
projects on Virginia Beach Boulevard;
4. Lindsley shall replace the fifty-six (56) Euonymus shrubs as follows:
(a) The twenty-four (24) easternmost shrubs shall not be required to be
replaced; and
(b) The thirty-two (32) westernmost shrubs shall be replaced, on a one-
to-one basis, by Dwarf Yaupon Holly shrubs.
5. Lindsley shall plant, on property owned by him, at least twelve (12) Mini
Crepe Myrtles and such number of additional Dwarf Yaupon Holly shrubs as will be
sufficient to fully screen the supporting structures of the subject billboards from Virginia
Beach Boulevard and Bonney Road. Lindsley shall maintain such shrubbery in good
condition at all times, and any diseased, dying or dead vegetation shall be replaced by
Lindsley, at his sole expense, in a timely manner consistent with good landscaping
practices;
6. All replacement vegetation and the five (5) Crepe Myrtle trees to be relocated
shall be installed as soon after the removal and relocation of the Crepe Myrtle trees and
Euonymus shrubs as is consistent with good landscaping practices, and under the direct
supervision of a certified arborist.
2
79
80 6. Lindsley shall comply with all applicable laws and regulations, including,
81 without limitation, the vegetation control regulations promulgated by the Commonwealth
82 Transportation Commissioner.
83
84 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 1 2ttiay of
85 ,Jl]ne ' 2007.
AP~..:!~~I/::\~O L~GALlSUFFIC'7CY
. /l C t &U~ , , /
City Attorney's Office
CA-1 0386
R-3
June 12, 2007
3
fD)~@~ow~rm
wu APR - 3 'lJJ1/ lW
----'
Form ITS (page 1 of 2)
Rev. 10/15/98
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF TRANSPORTATION
VEGETATION CONTROL APPLICATION
24 VAC 30-200-10 et seq.
HAMPTON ROADS DISTRICT
ROADSIDE
~2J
, 't$ 2007
To A~c ~'(I2Ufc"J , Resident Engineer at
Application is hereby made to work on State Highway trees on Route sea in the City/County of
VU~c.,-'.UA. r:3e:.A..CoH between AO~e.roOfUT 'Z1';:).and "qcu..~1A.. ~ '&..."\10
J ~.
in accordance with description of work, 3 33.1-371.1 of the Code of Virginia, Vegetation Control
Regulations 24 VAC 30-200-10 et seq., and such other rules and regulations of the
Commonwealth Transportation Board as may be applicable thereto. All work to be done under
the direct supervision of S. G ~'Tut<:1it l.A...."':::>~ 'PE~ , Address 2.32. CI.'I'U"nU<Vh,J,.E 'Tl1~Pll(,E l\10R.TI-l
City c......B;~E.. '\JA. , Phone No. ('1f!S1) 4'7Q ...l./-9l.oc , Certified Arborist
No, 1\1"", Ol(p~ . All work shall be completed within days from
issuance of this permit. REASON FOR WORK: Improve motorist's view of {3,....L..e,04J2'OS .
If outdoor advertising sign - Permit Number ICjq~" ~ . Permit Guaranteed performance of
this work is covered by (a) Certified Check in the amount of $2,500.00 enclosed, which may be
used in whole or in part to complete the work outlined or it will be retumed when the work has
been completed in a satisfactory manner; or (b) Bond No.
of Company. Check, for the non-refundable
application and permit fee, in the amount of $400.00 is enclosed.
Applicant ~: ~ 'i~rJ ~ I ~~ :r;. Address: $1'1- Co Ff... + c.l_I~I-ZJ ,.:z;r<l-q
Signed by: _____.::<< J. _ QQ.=-_ TItle: (!~
Telephone No. (7$7) 4-2.5" ~454- Federal Tax I. D. No. 2.3'-'1.. - 0 .(02.-
(For Official Use Only)
All trees listed in description of work have been inspected and found to be on State Rights of
Way. The undersigned recommend that this permit be issued. An inspector will be assigned to
supervise this work at the permittee's expense Yes No.
Inspector's Name
Resident Engineer , Date
Environmental Manager , Date
Tree Trimming Permit No. issued at ,,19_
""'-
In so far as the Commonwealth Transportation Board has the right and power to grant same, the
above applicant is permitted to perform tree work as outlined. The Commonwealth
Transportation Board reserves full municipal control over subject matter of this permit.
Trans. Roadside Development Mgr for Dist. Administrator
Proposed Landscaping Plan
For
Edwin B. Lindsley, Jr., Outdoor Sign - Va Beach Blvd/Rosement & Bonney Rd.
Upon approval by the City of Virginia Beach Landscape Services Department this plan
will be implemented.
PLAN:
(Reference attached sketch)
1. The proposed work, and the replacement plants and materials to be supplied, will be
performed by Signature Landscapes. Their address, phone number and their point of contact are
as follows: 232 Centerville Turnpike North, Chesapeake, Virginia 23320, Phone (757) 479-4960,
Mr. Oscar Richardson.
2. Proposed work:
a. Replace approximately fifty-six (56) existing shrubs (each located 3ft on center)
with fifty-six (56) DwarfYoupon Holly plants (3 gallon size).
Includes bedding compost and hardwood mulch for all plants.
Includes 1 year warranty with watering for the warranty period.
Includes perpetual maintenance for the plants.
b. Rdocate five (5) Crepe Myrtle trees to reasonably nearby City property, specific
location to be determined by the City of Virginia Beach.
_ Includes the compost, the hardwood mulch; and the replacement, with an
8' to 10' Crepe Myrtle (pink) tree, of any of the five trees, during a period of
one year, due to disease or drought.
c. Work will begin as early as late Fall, pending weather and the recommendation of
Signature Landscapes and the City of Virginia Beach Landscape Services
Department.
Approved by:
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- 21 -
Item V.IA.
ORDINANCES
ITEM #56541
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to REQUEST the Virginia Department of Transportation
(VDOT) establish a Wesleyan Drive Improvement Project; ACCEPT
and APPROPRIATE $640,550 of Regional Surface Transportation
Program (RSTP) funds from the City of Norfolk and $4,950,000 RSTP
funds from the State to complete the project design; and, A UTHORlZE
the City Manager to execute a Cost Participation Agreement with the
City of Norfolk
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Ron A. Villanueva
June 12, 2007
1 AN ORDINANCE TO REQUEST THE VIRGINIA
2 DEPARTMENT OF TRANSPORTATION TO ESTABLISH A
3 PROJECT FOR IMPROVEMENT OF WESLEYAN DRIVE,
4 TO ACCEPT AND APPROPRIATE $640,550 OF RSTP
5 FUNDS FROM THE CITY OF NORFOLK AND $4,950,000
6 OF RSTP FUNDS FROM THE STATE TO CIP #2-145,
7 WESLEYAN DRIVE, TO COMPLETE THE PROJECT
8 DESIGN, AND TO AUTHORIZE THE CITY MANAGER TO
9 EXECUTE A COST PARTICIPATION AGREEMENT WITH
10 THE CITY OF NORFOLK
11
12
13 WHEREAS, the Wesleyan Drive project (CIP #2-145, VDOT 52148) will provide
14 for design and construction to widen Wesleyan Drive to a four-lane road between Baker
15 Road and Northampton Boulevard;
16
17 WHEREAS, approximately fifty percent (50%) of Wesleyan Drive is located in
18 Virginia Beach and fifty percent (50%) is located in Norfolk;
19
20 WHEREAS, the project is funded primarily with federal Regional Surface
21 Transportation Program (RSTP) funding;
22
23 WHEREAS, project selections are made by the Hampton Roads Planning District
24 Commission (HRPDC) and the federal program funds are administered by the Virginia
25 Department of Transportation (VDOT);
26
27 WHEREAS, RSTP funding is being provided to Virginia Beach for the portion of
28 the project in Virginia Beach and VDOT has approved $4,950,000 of RSTP funding in
29 FY 2008 for this project for Virginia Beach;
30
31 WHEREAS, Norfolk is receiving RSTP funding for the portion of the project in
32 Norfolk;
33
34 WHEREAS, based on current estimates, the project is fully funded;
35
36 WHEREAS, the City of Norfolk has requested that the City of Virginia Beach
37 manage the Norfolk Wesleyan Drive project as part of the Virginia Beach project;
38
39 WHEREAS, the project design for the roadway section within the City of Norfolk
40 will be funded by transferring $640,550 of Norfolk's allocation of RSTP funding to the
41 City of Virginia Beach;
42
43 WHEREAS, Virginia Beach and Norfolk have prepared a Cost Participation
44 Agreement for the design of the Wesleyan Drive project; and
45
46 WHEREAS, in accordance with the Virginia Department of Transportation
47 construction allocation procedures, it is necessary that Council request VDOT to
48 establish an urban highway project in the City of Virginia Beach.
49
50 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
51 VIRGINIA BEACH, VIRGINIA:
52
53 1. That the City Council of the City of Virginia Beach, Virginia, requests the
54 Virginia Department of Transportation to establish an urban system highway project for
55 Wesleyan Drive from Baker Road to the western city limits.
56
57 2. That the Council of the City of Virginia Beach agrees to pay its share of the
58 total cost for preliminary engineering, right-of-way and construction of this project in
59 accordance with Section 33.1-44 of the Code of Virginia, and that if the City of Virginia
60 Beach subsequently elects to cancel this project, the City of Virginia Beach agrees to
61 reimburse the Virginia Department of Transportation for the total amount of the costs
62 expended by the Department through the date the Department is notified of such
63 cancellation.
64
65 3. That the City Manager is hereby authorized to execute on behalf of the City of
66 Virginia Beach all necessary project agreements, including, but not limited to, the Cost
67 Participation Agreement.
68
69 4. That Regional Surface Transportation Program funding of $640,550 from the
70 City of Norfolk and $4,950,000 from VDOT is accepted and appropriated to CIP #2-145,
71 Wesleyan Drive, with estimated revenues increased accordingly, to complete the project
72 design from Baker Road to Northampton Boulevard.
73
74 Requires an affirmative vote by a majority of the members of the City Council.
Adopted by the Council of the City of Virginia Beach, Virginia on the .1 ?t-h day
of .l'me ' 2007.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~~.~
anagem t ervices -----
Lf~, I~ <).l{/0-
City Attorney's fflce
CA 10421
R-4
June 1, 2007
Cost Participation Agreement for Design of
Wesleyan Drive Roadway Improvements
THIS AGREEMENT is made as of this day of , 2007, by and
between the CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia ("Virginia Beach") and the CITY OF NORFOLK, a
municipal corporation of the Commonwealth of Virginia ("Norfolk") (individually,
"party" and collectively, the "parties").
RECIT ALS
A. Wesleyan Drive is a two lane road that is approximately 0.85 miles long
and runs perpendicular to Baker Road in Virginia Beach and
Northhampton Boulevard in Norfolk.
B. Wesleyan Drive traverses the boarder between Virginia Beach and
Norfolk and is located approximately fifty three percent (53%) in Virginia
Beach and forty seven percent (47%) in Norfolk.
C. The parties have agreed to jointly design and construct certain
improvements to the portion of Wesleyan Drive between Baker Road in
Virginia Beach and Northhampton Boulevard in Norfolk.
D. The parties desire to widen Wesleyan Drive so that it is a four lane road,
with two lanes running in the northwest direction towards Norfolk and two
lanes running in the southeast direction towards Virginia Beach.
E. Specifically, Virginia Beach desires to widen Wesleyan Drive from its
existing terminus at Baker Road to the 5900 block of Wesleyan Drive, and
Norfolk desires to widen Wesleyan Drive between Northhampton
Boulevard and the 6099 block of Wesleyan Drive.
F. The simultaneous design and construction of both the Virginia Beach and
the Norfolk portion of Wesleyan Drive will result in a significant cost
savings to the parties and will minimize public inconvenience and
potential damage to public infrastructure.
AGREEMENT
For and in consideration of the mutual covenants hereinafter set forth, the parties
do hereby agree as follows:
I. The Roadway Improvements
1. Design. Virginia Beach shall cause to be designed, in accordance with all
applicable specifications and standards of the Virginia Department of Transportation, the
City of Norfolk, and the City of Virginia Beach, roadway improvements that will result in
the widening of the portion of Wesleyan Drive between its existing terminus at
Northampton Boulevard and its intersection with Baker Road ("Roadway
Improvements"). The design shall include all survey, geotechnical and engineering work
to prepare a complete set of construction documents required for the Roadway
Improvements. The typical section to be included in the Roadway Improvements shall be
an arterial four-lane divided roadway. The Roadway Improvements project shall be
established as a locally administered project by the City of Virginia Beach for the
Virginia Department of Transportation.
2. Project Manager. The Project Manager for the design of the Roadway
Improvements shall be an employee of the City of Virginia Beach. As the Project
Manager, Virginia Beach shall be responsible for the following: (1) soliciting proposals
for the design of the Roadway Improvement; (2) awarding the design contract; (3)
overseeing and managing the design of the Roadway Improvements; and (4) preparing
final bid plans and specifications for construction of the Roadway Improvements.
Norfolk shall designate one of its employees as an Assistant Project Manager.
3. Design Team. A Design Team shall be established for the purpose of
developing design objectives and requirements, reviewing design proposals, and
reviewing design plans. The Design Team shall consist of the following members: (l)
representatives of both parties' Departments of Public Works; and (2) any other
individual deemed necessary by both parties for the completion of the design. The
Design Team shall convene as necessary to accomplish the objectives set forth in this
section.
4. Cost Allocation. The cost of designing the Roadway Improvements shall
be borne as follows:
(a) Virginia Beach shall be responsible for paying all design costs for
Roadway Improvements to the portion of Wesleyan Drive lying in Virginia Beach,
namely between the intersection of Wesleyan Drive and Bakers Road, and the city line
(approximately 0.45 mile). The design shall be prepared in accordance with the Virginia
Department of Transportation specifications and standard(s) associated with a four-lane
divided urban roadway.
(b) Norfolk shall be responsible for paying all design costs for Roadway
Improvements to the portion of Wesleyan Drive lying in Norfolk, namely between the
intersection of Northhampton Boulevard and Wesleyan Drive, and the city line
(approximately 0.40 mile). The design shall be prepared in accordance with the Virginia
Department of Transportation specifications and standard(s) associated with a four-lane
divided urban roadway.
5. Payment. Each party shall fund its respective portion of the design costs
for the Roadway Improvements. Norfolk shall transfer funds for design of the Roadway
Improvements, plus a fifteen percent (15%) contingency, from its Regional Surface
Transportation Program ("RSTP") funds, to Virginia Beach, through the Hampton Roads
Planning District Commission ("HRPDC"), to be used for payment of Norfolk's portion
2
of the design of the Roadway Improvements. Norfolk shall transfer funds to Virginia
Beach within sixty (60) days of execution of this Agreement.
Virginia Beach shall use its RSTP funds to pay for Virginia Beach's
portion of the design for the Roadway Improvements.
6. Award of Roadway Improvements Design Contract.
(a) Within ninety (90) days of the execution of this Agreement, Virginia
Beach shall issue a request for proposals ("RFP") seeking proposals for geotechnical and
topographic studies and the design of the Roadway Improvements. The RFP shall be
issued in accordance with the consultant procurement requirements contained in the
Urban Construction Initiative, Program Administration Guide of the Virginia Department
of Transportation.
(b) Within fourteen (14) days after receipt of the proposals, Virginia Beach
shall convene a meeting of the Design Team for the purpose of reviewing the proposals
and selecting a design contractor. After a contractor has been selected, Virginia Beach
shall award the design contract.
7. Roadway Improvements Design Phase.
(a) During the design phase of the Roadway Improvements, the parties shall
jointly conduct at least one (1) citizen information meeting and one (1) design public
hearing for the purpose of collecting public input on the Roadway Improvements.
(b) Plans shall be submitted by the design contractor to Virginia Beach at
intervals of twenty five percent (25%), fifty five percent (55%), ninety percent (90%),
one hundred percent (100%), and final bid plans. Design plans shall be distributed by
Virginia Beach to the Design Team for review. The Design Team shall convene to
review and discuss the design plans.
( c) If necessary, each party shall be responsible for securing access to private
property in their respective locality during the design phase so that surveyor
environmental investigations may be completed.
(d) Each party shall coordinate with the private utility companies in their
respective locality to determine if any relocation is necessary and to obtain an estimate of
work to be completed.
8. Change Orders. Either party may request a change order during the term qf this
Agreement. The party requesting a change order shall promptly notify the other party, in
writing, of the nature of the change order. If the party receiving a notice of requested
change order objects, the Design Team shall convene to review and discuss the requested
change order. The Project Manager shall have the authority to make the final
determination as to the necessity of a requested change order, after consultation with the
Assistant Project Manager. The Design Team shall convene to review any proposed
change order which would exceed one percent (1 %) ofthe cost of the design contract.
3
II. General Provisions.
9. Term. This agreement shall be effective upon execution and shall remain
in full force and effect until the completion of the Roadway Improvements design.
10. Termination. In the event that either party shall for any reason or through
any cause be in default of the terms ofthis Agreement, the other party may give it written
notice of such default. Unless otherwise provided, the party in default shall have twenty-
one (21) days from the date such notice is mailed or delivered in which to cure the
default, except to the extent such cure period requires a reasonably longer period, in
which case, such longer period shall apply, provided, however, that such actions required
to cure are commenced and proceeded with to completion in a prompt and diligent
manner. If such default is not timely cured, the other party may cancel and terminate this
Agreement as of the date of the default notice.
This Agreement may also be terminated without cause by either party. The party
seeking to terminate the Agreement shall give the other party sixty (60) days prior written
notice, at the address set forth in Section 16 herein, of its intention to terminate. Each
party shall pay its share of the expenditures outstanding at termination.
11. Assignment. Neither party shall assign its rights and duties under this
Agreement without the prior written consent of the other party, which shall not be
unreasonably delayed, refused or denied.
12. Modification. No modification of this Agreement shall be effective
unless made in writing and executed by the authorized representatives of both parties.
13. Performance. The parties shall perform their respective obligations to
effectuate the intent of this Agreement in a timely and diligent manner, with time being
of the essence.
14. Indemnification. To the extent permitted by law, and without waiving
their sovereign immunity, the parties shall be responsible to one another for any and all
damages to persons or property caused by, resulting from, or arising out of any gross
negligence or intentional wrongdoing on the part of the party, its contractors,
subcontractors, agents or employees under or in connection with this Agreement.
15. Applicable Law; Compliance With All Laws; Venue.
(a) Applicable Law. This Agreement shall be deemed to be a
Virginia contract and shall be governed as to all matters whether of validity,
interpretations, obligations, performance or otherwise exclusively by the laws of the
Commonwealth of Virginia, and all questions arising with respect thereto shall be
determined in accordance with such laws. Regardless of where actually delivered and
accepted, this Agreement shall be deemed to have been delivered and accepted by the
parties in the Commonwealth of Virginia.
4
(b) Compliance With All Laws. The parties shall comply with all
federal, state and local statutes, ordinances, and regulations now in effect or hereafter
adopted, in the performance of their obligations set forth herein. The parties shall at all
times observe all health and safety measures and precautions necessary for the sanitary
and safe performance of their obligations set forth herein.
(c) Venue. Any and all suits for any claims or for any and every
breach or dispute arising out of this Agreement shall be maintained in the appropriate
court of competent jurisdiction in the City of Virginia Beach.
16. Notices. Any notice given hereunder may be mailed, delivered or faxed
to the named project contact at the address provided below:
For Virginia Beach:
Tabitha Crowder, P.E.
City of Virginia Beach
Dept. of Public Works
2405 Courthouse Drive, Building 2
Virginia Beach, Virginia 23456
(757)385-5668
For Norfolk:
Rob Brown, P.E.
City of Norfolk
Dept. of Transportation
810 Union St - Room 200
Norfolk, VA 23510
(757)664-7311
17. Force Majeure. Neither party shall be deemed to be in default with
respect to the performance of any of the terms, covenants and conditions of this
Agreement where a party's failure to perform, or delay in performance, is caused by war,
invasions, insurrection, blockage, domestic or foreign embargoes, riots, floods,
earthquakes, fire, epidemics, lock-outs or other labor disturbance adversely affecting the
party's ability to perform, interruption, delay or other inadequacy of carriers or other
transportation facilities of any type, the operation of domestic or foreign statutes, law,
rules, rulings or regulations, interference by domestic, civil or military authority, agency
or governmental unit, shortages of materials, services or supplies, failure of parties with
whom the party has contracted for services to provide the same, or any other causes
whether of the same or different character from those herein specified, which cannot be
avoided or prevented by the due diligence of the party. To the extent that any such cause
of the party's failure or delay in performance ceases, the period for the performance by
the party of any act required under the terms of this Agreement shall be extended for a
reasonable period of time thereafter.
IN WITNESS WHEREOF, the parties hereto have executed and sealed Agreement as of
the day and year first above written.
5
CITY OF VIRGINIA BEACH
By:
City Manager
City Manager
APPROVED AS TO CONTENT:
Department of Public Works, Virginia
Beach
APPROVED AS TO LEGAL
SUFFICIENCY:
Office of City Attorney, Virginia Beach
CITY OF NORFOLK
By:
APPROVED AS TO CONTENT:
Director, Department of Public
Work, Norfolk
APPROVED AS TO FORM AND
CORRECTNESS:
Assistant City Attorney, Norfolk
6
SUMMARY OF TERMS
COST PARTICIPATION AGREEMENT FOR DESIGN
OF WESLEY AN DRIVE ROADWAY IMPROVEMENTS
City of Virginia Beach's Responsibilities:
. Cause to be designed, in accordance with all applicable specifications and
standards of the Virginia Department of Transportation, roadway improvements
that will result in the widening of the portion of Wesleyan Drive between its
existing terminus at Northampton Boulevard and its intersection with Baker Road.
. Act as Project Manager for the design ofthe Roadway Improvements.
. Responsible for the following: soliciting proposals for the design of the Roadway
Improvement; awarding the design contract; overseeing and managing the design
of the Roadway Improvements; and preparing final bid plans and specifications
for construction of the Roadway.
. Pay all design costs for Roadway Improvements to the portion of Wesleyan Drive
lying in Virginia Beach.
. Issue a request for proposals ("RFP") seeking proposals for geotechnical and
topographic studies and the design of the Roadway Improvements.
. Convene a meeting of the Design Team for the purpose of reviewing proposals
and selecting a design contractor.
. Award the design contract.
. Jointly conduct at least one (1) citizen information meeting and one (1) design
public hearing with Norfolk.
. Secure access to private property during the design phase.
. Coordinate with the private utility companies to determine if any relocation is
necessary.
City of Norfolk's Responsibilities:
. Designate one of its employees as an Assistant Project Manager.
. Pay all design costs for Roadway Improvements to the portion of Wesleyan Drive
lying in Norfolk.
. Transfer funds for design of the Roadway Improvements, plus a fifteen percent
(15%) contingency, from its Regional Surface Transportation Program ("RSTP")
funds, to Virginia Beach.
. Jointly conduct at least one (1) citizen information meeting and one (1) design
public hearing with Virginia Beach.
. Secure access to private property during the design phase.
. Coordinate with the private utility companies to determine if any relocation is
necessary
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- 22-
Item V.I.5.a/b/c/d
ORDINANCES
ITEM #56542
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinances to REVISE categorical appropriations for the School
Operating Fund; and, AMEND the City's FY 2007-08 Operating
Budget and FY 2007-08 Capital Budget as requested by the School
Board:
Adjusted appropriations to the School Operating Budget:
1. $555,724,972 to Instruction
2. $ 24,189,034 to Administration, Attendance and Health
3. $ 30,891,040 to Pupil Transportation
4. $ 96,357,081 to Operations and Maintenance
Adjusted $12,108,658 transfer to the Capital Budget re
decrease in the appropriation for Various Site
Acquisitions - Phase 1
Adjusted $1,185,000 appropriation to the School
Operating Budget re additional State revenue
Adjusted $4,681,645 appropriation to the School
Athletic Special Revenue Fund
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Ron A. Villanueva
June 12, 2007
1 AN ORDINANCE TO REVISE CATEGORICAL
2 APPROPRIATIONS FOR THE SCHOOL OPERATING FUND
3 AND AMEND THE CITY'S FY 2007-08 OPERATING
4 BUDGET AND FY 2007-08 CAPITAL IMPROVEMENT
5 BUDGET AS REQUESTED BY THE SCHOOL BOARD
6
7 WHEREAS, the City's FY 2007-08 Operating Budget as approved by City Council
8 on May 15, 2007, required a $10,920,916 reduction to total school funding; and
9
10 WHEREAS, to achieve a portion of this reduction, the School Board desires to
11 decrease the General Fund transfer to a school project in the Capital Improvement
12 Program for various site acquisitions; and
13
14 WHEREAS, additional state revenues in the amount of $1,185,414 is available for
15 school operations; and
16
17 WHEREAS, the transfer from the School Operating fund to the School Athletic
18 Special Revenue Fund will be decreased by $67,411; and
19
20 WHEREAS, a resolution to revise the categorical appropriations in the School
21 Operating Fund, reduce the General Fund transfer to the School Operating Fund, and to
22 reduce the funds available to the Schools other special revenue funds was approved by the
23 School Board on May 22,2007; and
24
25 WHEREAS, a resolution to decrease the General Fund transfer to the Capital
26 Improvement Program for student various site acquisitions was approved by the School
27 Board on May 22, 2007.
28
29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
30 VIRGINIA BEACH, VIRGINIA:
31
32 1. That the following adjustments are hereby allocated to the following categories in
33 the FY 2007-08 School Operating Budget:
34
35 (a) appropriations to the Instruction category are decreased by $3,917,522, resulting
36 in a total appropriation of $555,724,972; and
37
38 (b) appropriations to the Administration, Attendance and Health category are
39 decreased by $179,576, resulting in a total appropriation of $24,189,034; and
40
41 (c) appropriations to the Pupil Transportation category are decreased by
42 $2,876,468, resulting in a total appropriation of $30,891,040; and
43
44 (d) appropriations to the Operations and Maintenance category are decreased by
45 $2,208,796, resulting in a total appropriation of $96,357,081.
46 2. That the General Fund transfer to the Capital Improvement Program is hereby
47 decreased by $1,000,000, resulting in a total transfer from the General Fund of
48 $12,108,658. And that appropriations to Capital Project 1-006, Various Site Acquisitions-
49 Phase I are decreased by $1,000,000 accordingly.
50
51 3. That $1,185,000 in additional state revenues is hereby appropriated to the FY
52 2007 -08 School Operating budget.
53
54 4. That $67,411 in appropriations to the School Athletic Special Revenue Fund is
55 hereby reduced in the FY 2007-08 Schools budget, with local revenue decreased
56 accordingly, resulting in a total appropriation of $4,681,645.
57
58 Requires an affirmative vote by a majority of the members of City Council.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 2tlPay of
June , 2007.
Approved as to Content:
Approved as to Legal Sufficiency:
~~j[~~
;<!? ~.1-0C ~
City Attorney's Office
CA 10427
May 31,2007
R2
Summary of School Budget Changes
School Budget Changes Requested
Adopted by by the School Board School Board
City Council to Distribute the Adopted
School Operating Fund on May 15th Reductions Mav 22nd
Revenue from Local Sources
From Use of Money and Property $ 465,000 $ - $ 465,000
Charges for Services $ 1,761,594 $ - $ 1,761,594
Miscellaneous Revenue $ 472,000 $ - $ 472,000
Revenue from the Commonwealth $ -
State Share Sales Tax $ 76,188,327 $ 222,435 $ 76,410,762
Other Sources from the Commonwealth $ 275,447,976 $ 962,979 $276,410,955
Revenue from the Federal Government $ 14,771,131 $ - $ 14,771,131
Transfers from Other Funds $ 335,870,685 $ 1,000,000 $336,870,685
Total Revenue $ 704,976,713 $ 2,185,414 $707,162,127
Administration, Attendance, and Health $ 24,368,610 $ (179,576) $ 24,189,034
Instruction $ 559,642,494 $ (3,917,522) $555,724,972
Operations and Maintenance $ 98,565,877 $ (2,208,796) $ 96,357,081
Pupil Transportation $ 33,767,508 $ (2,876,468) $ 30,891,040
Less City Reduction
Reduction by the City Manager $ (446,860) $ 446,860 $ -
Reduction by the City Council $ (10,920,916) $ 10,920,916 $ -
Total School Operating Fund $ 704,976,713 $ 2,185,414 $707,162,127
School General Revenue Capital Projects Fund
Transfer from Other Funds $ 13,108,658 $ (1,000,000) $ 12,108,658
Capital Project 1-006 Various Site Acquisition- Phase I $ 1,000,000 $ (1,000,000) $ -
School Athletic Special Revenue Fund
Revenue from Local Sources
From Use of Money and Property $ 45,000 $ - $ 45,000
Charges for Services $ 484,348 $ - $ 484,348
Miscellaneous Revenue $ 4,195,708 $ (67,411) $ 4,128,297
Specific Fund Reserves $ 24,000 $ - $ 24,000
$ 4,749,056 $ (67,411) $ 4,681,645
Education - Athletic $ 4,749,056 $ (67,411) $ 4,681,645
-9IRGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF THE CURVE
BUDGET RESOLUTION
SCHOOL BOARD
Daniel D. Edwards
Chairman
Dlstnct 1 . Cenlerville
1513 Beachview Drive
VA Beach. VA 23464
495.3551 (h). 717-0259 (c)
Rita Sweet Bellitto
Vice Chairman
At-Large
PO Box 6446
VA Beach. VA 23456
416-0960 (c)
Todd C. Davidson
At-Large
2424 Savannah Trail
VA Beach. VA 23456
4n3330 (w) . 285-9409 (c)
Emma L. "Em" Davis
Distnct 5 - Lynnhaven
1125 Michaelwood Drive
VA Beach. VA 23452
340-8911 (hi
Patricia G. Edmonson
District 6 . Beach
401-205 Harbour POint
VA Beach. VA 23451
428-5240 (hi
Edward F. Fissinger, Sr.
At.Large
412 Becton Place
VA Beach. VA 23452
486-4567 (hi
Dan R. Lowe
District 4 - Bayside
4617 Red Coat Road
VA Beach, VA 23455
490.3681 (h)
Lyndon S. Remias
District 7 - Princess Anne
3225 Nansemond Loop
VA Beach, VA 23456
630-6102 (c)
Sandra Smith-Jones
Dist<ic\ 2 -\\el<\?s'/i\\e
705 Rock Creek Court
VA Beach, VA 23462
490-8167 (h)
Michael W. Stewart
District 3 - Rose Hall
105 Brentwooll<:ourt
I/A. BeachA'A 23452
498-4383 [h) ..445.4637 (w)
Carolyn..l.l. Weems
At..t.arge
1420 Qffludia Drive
VA B~, VA 23455
464-6~74 (hI
SUPERINTENDENT
WHEREAS, the mission of the Virginia Beach City Public Schools, in partnership with our entire
community, is to ensure that each student is empowered with the knowledge and skills necessary to
meet the challenges of the future; and
WHEREAS, the School Board of the City of Virginia Beach has adopted a comprehensive strategic
plan and school improvement priorities to guide budgetary decisions; and
WHEREAS, the School Board has studied the recommended School Operating Budget FY 2007-08
Amended in view of state and federal requirements, additional demands for space and operations,
the strategic plan, priorities, expectations, competitive compensation for employees and the best
educational interests of its students; and
WHEREAS, the total funds available for FY 2007-08 from the City of Virginia Beach to Virginia
Beach City Public Schools under the Revenue Sharing Policy is $390,381,437; and
WHEREAS, the debt service payment is estimated to be $41,402,094 leaving a balance of
$348,979,343 to allocate between the Operating Budget and the Capital Improvement Program.
WHEREAS, the School Board Proposed Operating Budget has been reconciled to meet the funding
provided by the City Council on May 15, 2007; and
Now, therefore, be it
RESOLVED: That the $348,979,343 be allocated as follows: $336,870,685 to the Operating
Budget, and $12,108,658 to the Capital Improvement Program (CIP); and be it
FURTHER RESOLVED: That City of Virginia Beach has also transferred $4,488,750 from the
Sandbridge TIF to the Schools PAYGO; and be it
FURTHER RESOLVED: That the Virginia Beach City School Board requests a lump sum
appropriation of $707,162,127 for FY 2007-08 from the City Council of Virginia Beach for the School
Board Proposed Operating Budget FY 2007-08 Amended. For information, this includes the
following categories:
Instruction
Administration, Attendance and Health
Pupil Transportation
Operations and Maintenance
and be it
$555,724.972
24,189,034
30,891,040
96,357,081
FURTHER RESOLVED: That the School Board of the City of Virginia Beach requests an
appropriation of $102,338,368 for special grants, and other special revenue funds, for the 2007-2008
fiscal year; and be it
FURTHER RESOLVED: That a copy of this resolution be spread across the official minutes of this
Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each
member of City Council, the City Manager, and the City Clerk.
Adopted by the School Board this 22nd day of May, 2007
SEAL
A~crd~--
Daniel D. Edwards, Chairman
Attest:
Jame& G. MerrilL Ed.D.
2512 George Ma&o~ Onve
VA Beach. VA 23456
I A _" .,0. /'\. IJ. - -- - _4. ~
263--1007 ~ If. ~~
Dianne P. Alexander, Clerk of the Board
School Administration Building' 2S 12 George Mason Drive . P.O. Box 6038 . Virginia Beach. VA 23456-0038
www.vbschools.com
+ IRGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF THE CURVE
CIP RESOLUTION
SCHOOL BOARD FY 2007-08/FY 2012-13 CAPITAL IMPROVEMENT PROGRAM
Daniel D. Edwards
Chairman
District 1 - Centerville
1513 Beachvlew Drive
VA Beach. VA 23464
495.3551 (h)' 717.0259 Ic)
Aita Sweet Sellitto
Vice Chairman
At-Large
PO Box 6448
VA Beach. VA 23456
418-0960 (c)
Todd C. Davidson
AI.Large
2424 Savannah Trail
VA Beach. VA 23456
427-3330 (w) . 285-9409 (c)
Emma L, "Em" Davis
District 5 - Lynnhaven
1125 Michaelwood Drive
VA Beach, VA 23452
340-8911 (h)
Petri cia G. Edmonson
District 6 - Beach
40\-205 Harbour Point
VA Beach. VA 23451
428-5240 (h)
Edward F. Fissinger, Sr.
At.Large
412 Becton Place
VA Beach. VA 23452
486-456'1 (hi
Dan A. Lowe
Dislricl 4 . Bayslde
4617 Aed Coat Road
VA Beach. VA 23455
490-3681 (h)
Lyndon S. Aemias
District 7 - Princess Anne
3225 Nansemond Loop
VA Beach, VA 23456
630-6102 (c)
Sandra Smith-Jones
Distnct 2 - Kempsville
705 Rock Creek Court
VA Beach. VA 23462
490-8167 (h)
Michael W, Stewart
District 3 - Rose Hall
105 Brentwood Court
VA Beach, VA 23452
498.4303 (h) . 445-4637 (w)
Carolyn O. Weems
At-Larg~
1420 Claudia Drive
VA Beach, VA 23455
~1>\-667~ (h)
SUPERINTENDENT
WHEREAS, the mission of the Virginia Beach City Public Schools, in partnership with
our entire community, is to ensure that each student is empowered with the knowledge
and skills necessary to meet the challenges of the future; and
WHEREAS, the School Board of the City of Virginia Beach has adopted a
comprehensive strategic plan and school improvement priorities to guide budgetary
decisions; and
WHEREAS, the School Board has studied the recommended Capital Improvement
Program FY 2007-08/FY 2012-13 Amended in view of state and federal requirements,
additional demands for space and operations, the strategic plan, priorities,
expectations, competitive compensation for employees and the best educational
interests of its students; and
WHEREAS, the total funds available for FY 2007-08 from the City of Virginia Beach to
Virginia Beach City Public Schools under the Revenue Sharing Policy is $390,381,437;
and
WHEREAS, the debt service payment is estimated to be $41,402,094 leaving a
balance of $348,979,343 to allocate between the Operating Budget and the Capital
Improvement Program; and
WHEREAS, the School Board Proposed Capital Improvement Program has been
reconciled to meet the funding provided by the City Council on May 15, 2007.
Now, therefore, be it
RESOLVED: That the School Board of the City of Virginia Beach adopts a CIP
program of $620,614,484 (as shown on the attached funding summary dated May 22,
2007); and be it
FURTHER RESOLVED: That the approved School Board Operating Budget allocates
$12,108,658 to PA YGO funding for FY 2007-08; and be it
FURTHER RESOLVED: That the City of Virginia Beach has also transferred
$4,488,750 from the Sandbridge TIF to the Schools PAYGO resulting in a total of
$16,597,408 allocated towards PAYGO CIP Funding for FY 2007-08;
and be it
FURTHER RESOLVED: That a copy of this resolution be spread across the official
minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this
resolution to the Mayor, each member of City Council, the City Manager, and the City
Clerk.
Adopted by the School Board this 22nd day of May, 2007
~~~
Daniel D. Edwards, Chairman
SEAL
Attest:
James G. Merrill, Ed.D,
2512 George Mason Drive
VA Beach. VA 23456
263.1007 ~ ~.~~
Dianne P. Alexander, Clerk of the Board
School Administration Building . 2512 George Mason Drive . P.O. Box 6038 . Virginia Beach, VA 23456-0038
www.vbschools.com
- 23 -
Item v'I.6.a/b/cld/e/j
ORDINANCES
ITEM #56543
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinances to APPROPRIATE and/or TRANSFER:
APPROPRIATE $596,077 in additional Community
Development Block Grant (CDBG) and HOME
Program income to the Department of Housing and
Neighborhood Preservation's budget to be used for
additional grants
ACCEPT $60,000 from other Commonwealth's
Attorney's offices and APPROPRIATE $40,000 to the
FY 2006-07 and $20,000 to the FY 2007-08
Commonwealth's Attorney's Operating Budget re
upgrades to the Virginia Commonwealth's Attorney
Information System (VCAIS)
APPROPRIATE $38,563 from Cost Recovery Revenue
and ACCEPT $10,716 from the Fire Department Gift
Fund to be appropriated to the Department's FY2006-07
Operating Budget re the support of several fire
programs
APPROPRIATE $49,572 from the DEA Seized Property
Special Revenue Fund and $23,000 from the Sale of
Weapons Fund to the FY2007-08 Police Operating
Budget re the Police Computer Crimes Unit and
Wellness Center
TRANSFER $150,000 from the FY 2006-07 TGIF Fund
and $150,000 from Various Site Acquisitions to the
FY2006-07 Planning and Community Development
Operating Budget re the development of the Resort Area
Strategic Action Plan
TRANSFER $135,000 from Full-Time Salaries to Part-
Time Salaries within the FY 2006-07 Operating Budget
for the Virginia Aquarium Special Revenue Fund re
increased personnel costs
June 12, 2007
- 24-
Item v.l. 6.a/b/c/d/e/f
ORDINANCES
ITEM #56543 (Continued)
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Ron A. Villanueva
June 12, 2007
1 AN ORDINANCE TO APPROPRIATE $596,077
2 IN ADDITIONAL COMMUNITY DEVELOPMENT
3 BLOCK GRANT (CDBG) AND HOME
4 PROGRAM INCOME TO THE DEPARTMENT
5 OF HOUSING AND NEIGHBORHOOD
6 PRESERVATION'S FY 2007-08 OPERATING
7 BUDGET
8 WHEREAS, more program revenue will be realized in the Department of
9 Housing and Neighborhood Preservation's CDBG and HOME Programs than
10 expected due to higher than estimated repayment of loans because of home re-sales
11 and re-financings.
12
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15
16 (1) That $116,208 from CDBG program income is hereby appropriated to the
17 Department of Housing and Neighborhood Preservation's FY 2007-08 Operating
18 Budget to provide additional grants to homeowners for home rehabilitation for facades
19 and home repair, with estimated revenue from program income increased
20 accordingly.
21
22 (2) That $479,869 from HOME program income is hereby appropriated to the
23 Department of Housing and Neighborhood Preservation's FY 2007-08 Operating
24 Budget to provide additional grants to non-profit organizations, and to increase
25 funding for rental security deposit assistance and to first-time home buyers, with
26 estimated revenue from program income increased accordingly.
27
28 Adopted by the City Council of the City of Virginia Beach, Virginia on this _12th
29 day of June, 2007.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
~~ ~ forG:.-t~(f7.v Pt,I,.,hdrJfl' ~ ~ r;,---
Management Services City Attorney's Office 6----
CA 10405
R-2
May 23, 2007
Attachment to Ordinance to Appropriate Excess CDBG and HOME Program Income
Revised 6/6/07 to Remove funding for Habitat Project
Proposed Uses of HOME Funds
Purpose/Organization Amount of
New HOME
Funds
Program Reserves $150,000
Judeo Christian Outreach-
New Construction: West $100,000
Lane Multi Family
Judeo Christian Outreach- $29,869
Acquisition 1 Rehab
First Time Homebuyer $150,000
Assistance
Rental Security Deposit $50,000
Assistance
Total New HOME Funds $479,869
to i\ppropriate
Proposed Use ofCDBG Funds
Purpose/Organization Amount of
New CDBG
Funds
Homeowner Rehabilitation $58,000
- Fayade Program
Homeowner Rehabilitation $58,208
- Home Repair Program
Total New CDBG Funds $116,208
to i\ppropriate
1 AN ORDINANCE TO ACCEPT $60,000 FROM OTHER
2 COMMONWEALTH'S ATTORNEY'S OFFICES AND
3 APPROPRIATE $40,000 TO THE FY 2006-07 OPERATING
4 BUDGET OF THE COMMONWEALTH'S ATTORNEY'S
5 OFFICE AND $20,000 TO THE FY 2007-08 OPERATING
6 BUDGET OF THE COMMONWEALTH'S ATTORNEY'S
7 OFFICE TO UPGRADE THE VIRGINIA COMMONWEALTH'S
8 ATTORNEY INFORMATION SYSTEM (VCAIS)
9
10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
11 VIRGINIA:
12
13 That $60,000 is hereby accepted, with $40,000 appropriated to the FY 2006-07
14 Operating Budget of the Commonwealth's Attorney's Office and $20,000 appropriated to
15 the FY 2007-08 Operating Budget of the Commonwealth's Attorney's Office to upgrade the
16 Virginia Commonwealth's Attorney Information System, with revenue from the
17 commonwealth reflected accordingly.
18
19 Requires an affirmative vote by a majority of the members of the City Council.
of
Adopted by the Council of the City of Virginia Beach, Virginia on the 12th
June 2007.
day
Approved as to Content:
Approved as to Legal Sufficiency:
~~~
City Attorney's Office
CA 10425
R-3
June 1, 2007
COMMONWEALTH a/VIRGINIA
Commonwealth IS Attorneys' Services Council
Past OffICtl Box 3549, Williamsburg, Vi'9inia 231,87-3549
Telephone: (7S7) 2S3-4146 Fax: (757) 253-7159
EmaH: cascoff@wm.edu Website: WWW.Ci1S.sliIte.va.U5
Date: March 12,2007
To: Commonwealth's Attorneys - VCAlS Jurisdictions
From: Bob Harris
Re: VeAlS Version 3
As most of you know, the basic design ofVCAIS has not changed significantly since the release
of Version 2 in 2000. This past year the City of Virginia Beach funded a project to refresh the
core design ofVCAlS and the result is veAls Version 3.0. I am writing to let you know about
the features of Version 3 and the current plans to make the updated version available to the 45
VCAlS jurisdictions, In a nutshell, the new Version 3 is a very good product; those jurisdictions
that choose to upgrade will be asked to share in the development cost; Council asks you to be
patient as we work to schedule upgrades; and, Version 2 will continue to provide the same
perfonnance if you do not upgrade. The rest of this letter is the details.
veAls VERSION 3
The VCAlS User's GToup submitted a list of requests and suggestions based on users' experience
with the existing product and Virginia Beach was able to incorporate many of the changes into
the Version 3 design. There are numerous benefits to the new design, the most significant of
which are 'listed below:
Design Stabilization: One of the biggest challenges in VCAlS has been the badly fragmented
core design that has developed since 2000. Each new installation received a slightly different,
more evolved version ofVCAIS. One of the primary goals of Version 3 is to fix and unify this
constantly changing design. Version 3 will have what Lotus Notes calls a design template that
contains the basic core design of VCAlS. As new changes and bug fixes are added to the design,
the template will be updated and replicated automatically to each VCAlS server in our domain.
The individual Domino server automatically will update the design of VCAlS at each site. The
design template will be carefully controlled to ensure the integrity of the core design.
Version 3 preserves one of the biggest strengths ofVCAlS: the flexibility that allows each site to
have features unique to the site. That means local customization of the VCAlS form documents
(e.g., subpoenas, indictments, transportation orders, and witness letters) will remain under
complete control of the local jurisdiction and local custom features will be protected from change
in the template update process.
Performance Stabilization: VCAlS Version 2 uses a two-database design to contain the data;
the Open Case Database and the Closed Case Database. The size of the open case database is
reasonably stable but the natural growth over time of closed cases in every jurisdiction slows
performance in the closed case database. . More significantly, the process of closing an open case
in the open case database takes longer and longer because the process that moves the case
requires an update to all of the active indices in the closed case database. Version 3 uses a
three-database design: an open case databaset a closed case database and an archived case
database. The archived case database contains cases that meet a pre-defined age threshold.
Cases are moved from the closed case database to the archive on a nightly basis by a scheduled
program process. Index refreshes of the growing archive database occur after normal working
hours when user load is small and server availability is at a maximum. Cases in the open case
database will continue being closed as before and the more stable size of the closed cas'e database
allows the process of updating indices to remain consistent. This design has been in operation in
Virginia Beach for over six months and has proved to be effective solution to the performance
dilemma. The streamlined and compact index structure of the archived case database should
offer long-term performance consistency for even the largest offices. .
User Interface Modernization' The VeAlS Version 2 user interface was based on the
technology available in Lotus NoteslDomino version 4,6, Lotus Notes is now in version 7,0.2
with version 8.0 now in beta testing. The VCAlS user interface takes advantage of these new
capabilities and gives the screens an updated appearance. Functionality of the various buttons
and menus has not changed.
Bug Fixes: A number ofminor~ annoying bugs in the VeAlS Version 2 application have been
corrected. The most noticeable one caused some cases that were closed to remain in the open
database. Another error did not allow the name of the defense attorney to be pushed down to
new events. Dialog boxes used to select charges on events have been improved to allow a more
precise selection of charges. The box now includes victim's name and date of offense.
New Capabilities and Features:
. Version 3 allows simultaneous searching of defendant information in open, closed and
archived databases and the search result includes the number of cases available in each
database with links to all three databases, In Version 2 the Open and Closed databases
had to be searched separately.
. A new document type has been added that allows detailed information of forensic
evidence submission and tracking.
. Version 3 provides a new capability for copying witness information from one case to
another: lIDs change is helpful in cases where there are codefendants and eliminates
having to enter the same witness information on all cases.
. VCAlS Version 2 supported only a single offense date; Version 3 enables the user to
specify a range of dates.
. Version 3 adds a greatly enhanced closing letter program. The pro~am reviews a case
that has been concluded, gathers all sentence infonnation and prepares a closing letter to
selected witnesses.
. Version 3 checks court event dates to avoid entering weekends and court holidays.
Override capabilities give complete control to the user.
. Version 3 includes a new application to manage asset forfeiture cases. It allows
automation and standardization of asset forfeiture documents and procedures. [Microsoft
Word templates for the majority of orders and letters are required for the asset forfeiture
management application.]
. Version 3 users now have the ability to enter gang affiliation from a locally-defined pick
list.
. Version 3 has the capability to include alternate address information so home and work
addresses can be recorded with witness information.
. The enhanced Version 3 Multiple Charge feature is easier to use and allows for entry of
different victim information for each of the charges.
. Version 3 permits entry of multiple victims on indic1ments.
. Version 3 has a new database that will track restitution details for those offices that
monitor restitution.
. Version 3 has added five new variables that can be added to the language that makes up
the body of the indictment. This highly sought after change provides significant
enhanced capabilities in offenses like forgery and uttering, use of false identification,
credit card fraud and drug offenses.
UPGRADING COSTS MONEY
VCAlS is now more than seven years old. Initial funding for VeAlS was provided by Federal
grant funds and a one-time investment from the Public Defenders led to Version 2. The
Commonwealth's Attorney's Services Council does not have a budget line item for VeAlS except
for the services of the Lead Engineer. The Commonwealth of Virginia funnels all IT investments
through the Virginia Information Technology Agency (VITA) and VITA does not provide
support for Lotus Notes and Domino as approved technologies for state agencies.
A 200S review of VCAlS by an outside contractor found that the underlying structure of veAls
was sound, the use of Lotus Notes and Domino as the platform was appropriate and replacement
with other technology would require a major financial investment. The current upgrade is
substantially less expensive.
Virginia Beach funded the development ofVCAlS Version 3 at a cost of approximately $50,000.
During the process, it was suggested that participating VCAlS jwisdictions share in the
development costs in proportion to their usage ofVCAlS. A schedule was prepared that reflects
each office's share and that schedule is attached. The funds will be paid to the Virguna Beach
Conunonwealth's Attorney's office which plans to deposit the funds in that office's technology
budget.
Checks should be made out to ''The Treasnre of the City of Virginia Beach"
:{:Ju:.T MAILED TO:
Office of the Commonwealth's Attorney-Virginia Beach
c/o A.B. Chapman, Administrator.
2425 Nimmo Parkway
Virginia Beach, Virginia 23456
Plefl:Se ensure that the checks, are sent directlv to the Vueinia Beach Commonwealth 's...
Attornev's offICe. A check sent straight to the Treasurer's office would be deposited in the
City of Virginia Beach General Funds.
The Virginia Beach Commonwealth's Attorney's Office will be happy to send you an invoice for
the upgrade, and this may help speed the process through your County or City Administrat9rs
infrastructure. If you desire such an invoice, please contact:
Vickie P. Rogers~ (757) 385-8723 or e-mail: VRo~rtiloca.vbll:ov.com.
Also, Lotus Notes has changed significantly since 2000 and the contractor who did the Version 3
programming used many of the newly added Lotus Notes features to add functionality to VCAlS.
Consequently, Version 3 requires a more up-to-date version of Lotus Notes (the workstatiQn
client) and Domino (the server platform) than was needed for the earlier version of VCAlS.
Version 3 requires Lotus Notes and Domino version 6.5.5 or newer to ell8ure compatibility.
If you are. not UBin2' this newer venion of Notes yOU will need to uDuade to the most
current version~ Purchase of updated Lotus software is the responsibility of the local
jurisdiction and the software licenses must be obtained via your nonnal IT software procurement
process. The CASe engineer will be happy to cooperate with your IT resources to identitY the
proper components that need to be ordered and he will work with your office to install the new
version of Lotus.
UPGl\ADING TAKES TIME
There are more than 45 offices running Version 2 of VCAlS and the conversion process will take
some time. CASC has one full-time support resource for VCAlS who already is regularly
overscheduled by local emergencies. Council is investigating ways to add manpower to the
upgrade process.
Converting veAls Version 2 to Version 3 requires significant work. The Virginia Beach
installation required an entire 3-day weekend of data conversion. This is not a do-it-yourself
conversion. A careful screening of the existing local design is necessary to ensure that al1local
customizations are retained in the new design on the local server. Conversion processes for
smaller sites will be much quicker but will still require a period of down-time for VeAlS
operations as the design changes are applied and the existing data converted.
C01IDCil will schedule VeAlS upgrades of jurisdictions that have made arrangements with
Virginia Beach for assisting in the cost of Version 3. Be prepared to wait until a site visit can be
reasonably scheduled. It will not be strictly first-come, fust-served, but will accommodate
CASC's engineer's schedule and the most efficient use of his time.
VERSION 2 STILL WORKS
J.......---
Because the existing design of VCAlS 2 does not depend on a central template and there is no
central replica of the VeAlS application, the timing of the upgrade is not critical. Version 2 will
continue to provide the same performance for as long as you care to run it. The features offered
by Version 3 are significant, this is a clear step in the evolution of an operational program.
Council will continue to provide support for VeAlS Version 2 as needed but no new features
will be added to the Version 2 design. Support will be limited to resolving operational problems.
All future veAls design enhancements will build on the Version 3 design template.
SHARED COST SCHEDULE
The following schedule is based generally on the following formula:
scale
1-2 altOmeyP $!joo
,3-5 ."'~ 1160
,&-10 dom.. $1,000
11-1$ ~ ",500
: 16'-%0 ~ $2,000
21~ aIlOrneys -43.000
2.8-30 a\tClrp8YP$4.ClIlO
31-1' allDfTMlYB" $6.000
1 AN ORDINANCE TO APPROPRIATE $38,563 FROM COST
2 RECOVERY REVENUE AND $10,716 FROM THE FIRE
3 DEPARTMENT GIFT FUND TO THE FIRE
4 DEPARTMENT'S FY 2006-07 OPERATING BUDGET
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 1. That $38,563 in cost recovery revenue is hereby appropriated to the Fire
10 Department's FY 2006-07 Operating Budget for reimbursement of various costs,
11 with miscellaneous revenue increased accordingly.
12
13 2. That $10,716 in additional gift fund revenue is hereby accepted and
14 appropriated to the Fire Department's FY 2006-07 Operating Budget to support
15 several fire programs with gift fund revenue increased accordingly.
16 Requires an affirmative vote by a majority of the members of the City Council.
Adopted by the Council of the City of Virginia Beach, Virginia on the 12t.h day
of June , 2007.
Approved as to Content:
Approved as to Legal Sufficiency:
~~~
;:e~ r
City Attorney's Office
CA 1 0424
R4
June 1, 2007
1 AN ORDINANCE TO APPROPRIATE $49,572 FROM THE
2 DEA SEIZED PROPERTY SPECIAL REVENUE FUND AND
3 $23,000 FROM THE SALE OF WEAPONS FUND TO THE
4 POLICE DEPARTMENT'S FY 2007-08 OPERATING
5 BUDGET TO PURCHASE REPLACEMENT COMPUTER,
6 FORENSIC LAB, AND FITNESS EQUIPMENT FOR THE
7 POLICE DEPARTMENT'S COMPUTER CRIMES UNIT AND
8 THE WELLNESS CENTER
9
10 WHEREAS, the Police Department has identified $49,572 within the FY 2007-08
11 DEA Seized Property Special Revenue Fund and $23,000 from the FY 2007-08 Sale of
12 Weapons Fund for the purchase of replacement computer, forensic lab, and fitness
13 equipment; and
14
15 THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
16 BEACH, VIRGINIA:
17
18 That $49,572 is hereby appropriated from the DEA Seized Property Special
19 Revenue Fund and $23,000 is hereby appropriated from the Sale of Weapons Fund to the
20 Police Department's FY 2007-08 Operating Budget for the purchase of replacement
21 computer, forensic lab, and fitness equipment.
22
23 Requires an affirmative vote by a majority of the members of the City Council.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of
,2007.
Juno
Approved as to Content:
Approved as to Legal Sufficiency:
~~~
Manag e t Services
-:7? 1 -- L .~
~c. ~1.R/!.~.(.6/[ r
City Attorney's Office
CA 10428
May 31,2007
R2
REQUESTED BY COUNCIlMEMBER UHRIN
1 AN ORDINANCE TO TRANSFER $150,000 FROM THE FY
2 2006-07 TGIF FUND AND $150,000 FROM CIP #3-368,
3 VARIOUS SITE ACQUISITIONS, TO THE DEPARTMENT OF
4 PLANNING AND COMMUNITY DEVELOPMENTS FY 2006-07
5 OPERATING BUDGET FOR A RESORT AREA STRATEGIC
6 ACTION PLAN
7
8 WHEREAS, in December of 2005, City Council adopted an Oceanfront Resort Area
9 Plan, Resort Area Design Guidelines and a number of related amendments to the City
10 Zoning Ordinance.
11
12 WHEREAS, subsequent efforts are necessary to further refine the content of these
13 adopted documents to further express the City's vision for the Oceanfront Resort Area.
14
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
16 VIRGINIA BEACH, VIRGINIA:
17
18 1. That $150,000 is hereby transferred from the FY 2006-07 TGIF Fund to the
19 Department of Planning and Community Development's FY 2006-07 Operating Budget;
20 and
21
22 2. That $150,000 is hereby transferred from CIP #3-368, Various Site Acquisitions,
23 to the Department of Planning and Community Development's FY 2006-07 Operating
24 Budget for the solicitation of proposals for a Resort Area Strategic Action Plan.
25
26 Requires an affirmative vote by a majority of the members of the City Council.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 ?th day of
June , 2007.
Approved as to Content:
Approved as to Legal Sufficiency:
~~~
~~
City Attorney's Offir
CA 1 0383
May 31,2007
R-2
1 AN ORDINANCE TO TRANSFER $135,000 FROM
2 FULL-TIME SALARIES TO PART-TIME SALARIES
3 WITHIN THE VIRGINIA AQUARIUM SPECIAL
4 REVENUE FUND TO COVER INCREASED COSTS
5
6
7 WHEREAS, the Virginia Aquarium and Marine Science Center uses part-time
8 labor for a variety of functions; and
9
10 WHEREAS, the Aquarium Special Revenue Fund has the required funding to
11 transfer from full-time salary accounts to part-time salary accounts; and
12
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15
16 1. That $135,000 is hereby transferred within the FY 2006-07 Operating
17 Budget of the Virginia Aquarium Special Revenue Fund to cover increased
18 personnel costs.
19
20 Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day
21 of June ,2007.
Approved as to Content:
Approved as to Legal Sufficiency:
Z;h/~~ ~
City Attorney's Office
CA 10429
May 31,2007
R1
- 25 -
Item V-J.1.
PLANNING
ITEM #56544
1. M & M CONTRACTORS, INC.
2. GARNETT POINT ROAD, L.L.c.
3. SOUTH INDEPENDENCE ACQUISITION, L.L.c.
4. SOUTH HAMPTON ROADS HABITAT FOR
HUMANITY
5. DTG OPERATIONS, INC.
6. DARK AGE ENTERPRISES, L.L.C.
MODIFICATION of Condition No. 1.
ConduwnalUsePermu
(Approved: 7/3/2001/amended 2/26/2002
and Indefinitely Deferred 1/31/2006)
CONDITIONAL CHANGE OF ZONING
CONDITIONAL CHANGE OF ZONING
CONDITIONAL CHANGE OF ZONING
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
June 12, 2007
- 26-
Item V-J.
PLANNING
ITEM #56545
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED Items 1,
2. 3 (Deferred), 5 and 6 of the PLANNING BY CONSENT AGENDA.
Item J.3 (South Independence Acquisition, 1.1. c., was DEFERRED, BY CONSENT, until the City
Council Session of June 26, 2007.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Ron A. Villanueva
June 12, 2007
- 27-
Item V-J.1.
PLANNING
ITEM #56546
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council MODIFIED
Ordinance upon application of M&M CONTRACTORS, INC. for a Modification of Condition No.1 on a
Conditional Use Permit (approved by City Council on July 3,2001, amended and approved February 26,
2002, and indefinitely deferred January 31, 2006) at 533 South Lynnhaven Road re additional storage
space (The request is to allow an additional 4,225 square feet of additional storage space to the north of
the existing facility.)
ORDINANCE UPON APPLICATION OF M&M CONTRACTORS, INe.
FOR A MODIFICATION OF CONDITIONS FOR A CONDITIONAL
USE PERMIT APPROVED BY THE CITY COUNCIL ON FEBRUARY
26, 2002.
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of M&M Contractors, Inc. for a
Modification of Conditions for a Conditional Use Permit approved by
the City Council on February 26, 2002. Property is located at 533 South
Lynnhaven Road (GPIN 14962713680000). DISTRICT 3 - ROSE HALL.
The following conditions shall be required:
1. All conditions of the Conditional Use Permit granted by the City Council on July 3, 2001, with the
exception of Condition Number 1, and all conditions of the Modification of Conditions granted by the
City Council on February 22, 2002, shall remain in affect. Condition Number 1 of the July 3, 2001,
Conditional Use Permit is deleted and replaced with the following:
When the property is developed, it shall be developed substantially as shown on the
exhibit entitled, "Conceptual Site Layout and Landscape Plan of Wyoming Mini Storage,
South Lynnhaven Road, Virginia Beach, VA," prepared by MSA, Inc., dated September 7,
2004.
2. The architectural design elements and exterior building materials shall be substantially in
conformance with those depicted on the elevation entitled "Proposed Detail Elevations, Morton
Realty Property, Self Storage Facility, "prepared by Sampson and Associates Architects, P.e., dated
November 21, 2001, with one exception: the use of Nichihafiber cement Brestone - Forest Brown
shall be substituted in lieu of the previously required brick on the block far;ade facing South
Lynnhaven Road and any other blockfar;ade visible from South Lynnhaven Road.
June 12, 2007
- 28 -
Item V-J.l.
PLANNING ITEM #56546 (Continued)
Voting: 10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Ron A. Villanueva
June 12, 2007
- 29-
Item V-J.2.
PLANNING
ITEM #56547
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of GARNETT POINT ROAD, L.L.C. for a Conditional Change of Zoning
at 416-516 Garnett Point re the construction offorty (40) single-family dwellings.
ORDINANCE UPON APPLICATION OF GARNETT POINT ROAD,
LLC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROMA-12 TOCONDITIONALA-12 WITHA PD-H2 PLANNED UNIT
DEVELOPMENT DISTRICT o VERLA Y Z06071282
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Garnett Point Road, L.L.c. for a Chanf!e
of Zoning District Classification from A -12 Apartment District to
Conditional A-12 Apartment District with a PD-H2 Planned Unit
Development District Overlay on property located at 416-516 Garnett
Point Road (GPINs 1467688397; 1467780500; 1467780653). DISTRICT
2 - KEMPSVILLE
The following condition shall be required:
1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court
and is hereby made a part of the record..
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of June Two Thousand
Seven
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Ron A. Villanueva
June 12, 2007
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6637
DATE: May 29,2007
FROM:
Leslie L. Lilley -..
&\).J
B. Kay Wilson
DEPT: City Attorney
TO:
DEPT: City Attorney
RE: Conditional Zoning Application: Garnett Point Road, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on June 12, 2007. I have reviewed the subject proffer agreement, dated
February 27,2007 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/als
Enclosure
cc: Kathleen Hassen
GARNETT POINT ROAD, L.L.C., a Virginia limited liability company
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 27th day of February, 2007, by and between
GARNETT POINT ROAD, L.L.C., a Virginia limited liability company, Grantor; and THE
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,
Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of three (3) contiguous parcels of property
located in the Kempsville District of the City of Virginia Beach, containing approximately
3.71 acres which are more particularly described in Exhibit "A" attached hereto and
incorporated herein by this reference. Said parcels are herein collectively referred to as the
"Property"; and
WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map
of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change
the Zoning Classification of the Property from A-12 Apartment District to Conditional A-12
(PD-H2) Apartment District; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various 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
Property and at the same time to recognize the effects of 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 are
needed to cope with the situation to which the Grantor's rezoning application gives rise; and,
PREPARED BY
~m SYHS.IWL'PDON. GPIN: 1467-68-8397
mil Al-ERN &. Lrv'Y. p,c. 1467-78-0500
1467-78-0653
1
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed amendment to the
Zoning Map, in addition to the regulations provided for the A-12 (PD-H2) Apartment
Zoning District by the existing overall Zoning Ordinance, 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 Zoning Map relative and applicable to the
Property, which has a reasonable relation to the rezoning and the need for which is
generated by the rezoning.
NOW, THEREFORE, the Grantor, for itself, its successors, personal
representatives, assigns, grantee, 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 or 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 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 the Grantor, its
successors, personal representatives, assigns, grantee, and other successors in interest or
title:
1. When the Property IS developed as a residential condominium, the
"GARNETT'S WATCH CONCEPT LAYOUT", dated February 26, 2007, prepared by
Kimley-H'orn and Associates, Inc. ("Concept Plan"), which has been exhibited to the
Virginia Beach City Council and is on file with the Virginia Beach Department of Planning,
shall be substantially adhered to so that there shall be coordinated design and
development of the site in terms of vehicular circulation, parking, buffering, landscaping,
building location, building orientation, and recreational amenities to better foster a sense
of community.
2. When the Property is developed, vehicular Ingress and Egress to the
Property shall be limited to one (1) entrance from North Garnett Point Road.
3. When the Property is developed, there will be no more than forty (40) single
PREPARED BY family condominium dwelling units utilizing the setbacks and land use plan designated
~m SYKhS, ~OUJDOi'!, and depicted on the Concept Plan.
m AtlIR?:& IX\'Y. P.e.
2
4. The architectural design of the residential buildings will be substantially as
depicted on the three (3) exhibits entitled "ARCHITECTURAL ELEVATIONS -
GAR..l\~'ETI'S WATCH"", dated November 15, 2006, which have been exhibited to the
Virginia Beach City Council and are on file with the Virginia Beach Department of
Planning ("Elevations").
5. The areas depicted on the Concept Plan which will not be occupied by
buildings, including drive aisles, parking areas, setbacks, landscaping features, and fencing
are open spaces which may only be utilized as such. Open Spaces shall be rezoned to P-1
Preservation District prior to Site Plan Approval and shall be maintained and used by the
Condominium Association consistent with the intent and regulations set forth in Article 3
of the Zoning Ordinance ("Preservation District").
6. Further conditions may be required by the Grantee 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.
The above conditions, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the 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 said instrument is
consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a
resolution adopted by the governing body of the Grantee, after a public hearing before the
Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code
of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with
said instrument as conclusive evidence of such consent, and if not so recorded, said
instrument shall be void.
PREPARED BY: The Grantor covenants and agrees that:
~ SVHS.. R. ammo;\, (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
m rllifRl\' &. U:YY. P.c.
vested ,.vith all necessary authority, on behalf of the governing body of the City of Virginia
3
PREPARED BY:
(;I]J svns. gOURDON.
OJ A!-Irn~ &. LD'Y. P.c.
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, the Grantor shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
(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 name of the Grantor and the Grantee.
4
PREPARED BY
m.m SYKES. ::JOL';.(JO:t
WN:i'II j 'IT"RN ~ ''','\' P r
WI!I. tr..:.:t..1 'lX l..:t. ..:.. .'._.
WITNESS the follo\\ing signature and seal:
I
II
'I
I
II
I
Ii
II
I:
Ii
I
I
I STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
Grantor:
Garnett Point Road, L.L.C., a Virginia limited liability
company .. ,
/(' ; . /'?? I
,/ I I-;~ " /' ,~/ ,
~ I ,/. .. '/'. .. ,"
.r --,-// ...ci- ,-0',1....- 1,,'jVt:!)'~;,..0<... .'
Steven Bishard, Managing Member
By:
(SEAL)
The foregoing instrument was acknowledged before me this 28th day of February,
2007, by Steven Bishard, Managing Member of Garnett Point Road, L.L.C., a Virginia
limited liability company, Grantor.
I pi".
/ -./ / J!
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/' \' <'" .1/... v " \. I . ;'
Notary Public
,1 /, ~
,ni' i) /111
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v"L">oc--.L-
My Commission Expires: August 31, 2010
5
PREPARED BY:
~m SI'](tS, :gOURDD~,
B'iI\lJ~l;>\, Q Lrvv j.l L-
00 c' t i:.h' lX :t. .. . . I
EXHIBIT "A"
PARCEL I:
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon
and the appurtenances belonging, lying, situate and being in the City of Virginia Beach,
Virginia and known, numbered and designated as the western one-half of Section "F" as
shown on the plat of property of Minnie L. Woodward, which said plat is duly recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 22, at
Page 71, and with reference to said plat being more particularly bounded and described as
follows, to-wit:
BEGINNING at a pin marking the northeast corner of the property herein conveyed, v,'hich
pin is also set in the dividing line between Sections "F" and "G" and is 239.20 feet as
measured along a course N. 560 45' W. from a pin set at the northeast corner of Section
"F", all as shown on the aforesaid plat of Minnie L. Woodward, and from said point of
beginning running thence N. 56045' W. 252 feet to a point set in the eastern line of North
Garnett Point Road; thence turning and running on a course S. 160 12' W. along the
eastern line of North Garnett Point Road a distance of 175.70 feet to a point; thence
turning and running on a course S. 560 45' E. a distance of 252 feet to a pin set at the
southeast corner of the property hereby conveyed; thence turning and running on a course
N. 16012' E. a distance of 175.70 feet to the point of beginning.
i LESS AND EXCEPT that certain strip of land 10 feet in width dedicated to the City of
Virginia Beach for Road purposes as shown on plat recorded in Map Book 55, Page 41.
GPIN: 1467-68-8397
PARCEL II:
ALL THAT certain lot, piece or parcel of land, lying and being in Kempsville District, City
of Virginia Beach, formerly Princess Anne County, Virginia, designated as Section "G" as
shown on the plat of property of Minnie L. Woodward, near Davis Corner, Virginia Beach,
formerly Princess Anne County, Virginia, made by W. B. Gallup, County Surveyor, bearing
date November 25, 1947, and more particularly bounded and described as follows:
BEGINNING at a point on the Eastern line dividing the property of Minnie L. Woodward
from the property now or formerly belonging to Martin, which point is the dividing line
between Sections "F" and "G", as shown on the hereinabove mentioned plat; which said
plat is recorded with a certain deed from Minnie L. Woodward to Elvert R. Johnson, in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, formerly Princess Anne
County, Virginia, and running thence North Fifty-Six Degrees, Forty-Five Minutes (560
45') West Five Hundred Eleven and Two Tenths (511.2') feet to the Eastern line of a
Twenty (20') Foot right of way; thence North Sixteen Degrees, Twelve Minutes (160 12')
East along said line of said right of way One Hundred and Eighty-One (181') Feet to the
dividing lines between Sections "G" and "H"; thence South Fifty-Six Degrees, Forty-Five
Minutes (560 45') East Four Hundred Ninety-Seven and one-half (497 112) feet to the
6
PREPARED BY:
~ syns, QOL'RDO\'.
r.1od _\1T-ry\ 9 L~\'\' ,,~
AlU. tll.~,1J( ~... Y.l.
dividing line of the said Woodward and Marti property; thence South Twelve Degrees,
Eight Minutes (120 8') East One Hundred Eighty-Five (185') Feet to the point of beginning.
TOGETHER with a right of way the width of Twenty (20') feet running to the Virginia
Beach Boulevard, as shown on said plat.
LESS AND EXCEPT that portion of land 30 feet in width dedicated to the City of Virginia
Beach for road purposes as sho'\o\-'ll on plat recorded in Map Book 55, Page 41.
GPIN: 1467-78-0500
PARCEL III:
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements
thereon, situate in the City of Virginia Beach, Virginia and known, numbered and
designated as part of Lot H, as shown on the plat of property of Minnie 1. Woodward,
located near Davis Corner, which said plat is duly recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in Map Book 22, at Page 71,
particularly described as follows, to-wit:
BEGINNING at a point on the Eastern side of North Garnett Pont Road in the dividing line
between Lots H and I, as shown on the above plat; thence South 56 degrees 45 minutes
East along the said dividing line between Lots H and I a distance of 455.99 feet to a point;
thence South 12 degrees 08 minutes West a distance of 92.82 feet to a point in the dividing
line between Lots Hand G, as shown on the above plat; thence North 56 degrees 45
minutes West along the said dividing line between Lots Hand G a distance of 463.06 feet
to a point in the eastern side of North Garnett Point Road; thence Northerly along the
eastern side of said North Garnett Point Road North 16 degrees 18 minutes 40 seconds
east a distance of 90.51 feet to the point of beginning; said parcel being shown on Physical
Survey of Lot H, #516 North Garnett Point Road, Property of Minnie 1. Woodward, Map
Book 22, Page 71, for Charles E. Ross, Nedra K. Ross and Stephan Van Wart, dated August
8,1995, made by Langley & McDonald, P.C. and recorded in Deed Book 3533, at Page 1751.
GPIN: 1467-78-0653
Conditiona!Rezone/ GarnettPointRoad/Proffer2.C!ean
Rev.2/28/07
7
- 30 -
Item V-J.3.
PLANNING
ITEM #56548
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until
the City Council Session of June 26, 2007, Ordinance upon application of SOUTH INDEPENDENCE
ACQUISITION, L.L.C., for a Conditional Change of Zoning, "Spence Farm", re 103 single-family
dwellings, 347 townhomes and 230 twin townhomes and Senior Housing.:
ORDINANCE UPON APPLICATION OF SOUTH INDEPENDENCE
ACQUISITION, L.L.c. FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-5D AND R-10 TO CONDITIONAL A-36,
CONDITIONAL B-4 AND CONDITIONAL A-12 WITH A PD-H2
OVERLAY
Ordinance upon application of South Independence Acquisition, L.L. C.
for a Change of Zoning District Classification from R-5D and R-10
Residential Districts to Conditional A-36 Apartment District,
Conditional B-4 Mixed Use District and Conditional A -12 Apartment
District with a P D-H2 Overlay on property located on the southeast and
southwest corners of South Independence Boulevard and Princess Anne
Road and 1632 Salem Road (GPINs 1485050352; 1485251012;
1475856017). DISTRICT 1 - CENTERVILLE & DISTRICT 7 -
PRINCESS ANNE
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Ron A. Villanueva
June 12, 2007
- 31 -
Item V-JA.
PLANNING
ITEM #56549
Attorney Edward Bourdon, Pembroke Office Park, Building One, 281 Independence Boulevard, Phone:
499-8971, represented the applicant and requested DEFERRAL until August 14, 2007. His clients
have spoken to Kenneth Lacy, President - Lynnhaven Woods Civic League, re storm water runoff
and will make arrangements to meet with the Lynnhaven Woods Civic League.
Upon motion by Council Lady McClanan" seconded by Councilman Dyer, City Council DEFERRED
until the City Council Session of August 14, 2007, Ordinance upon application of SOUTH HAMPTON
ROADS HABITAT FOR HUMANITY, INC.for a Conditional Change of Zoning re the construction of
a ten (10) unit residential condominium
ORDINANCE UPON APPLICATION OF SOUTH HAMPTON ROADS
HABITAT FOR HUMANITY, INC FOR A CHANGE OF ZONING
DISTRICT CLASSIFICA TION FROM R-7. 5 TO CONDITIONAL A-12
Ordinance upon Application of South Hampton Roads Habitat for
Humanity, Inc. for a Change ofZoninz District Classification from R-7.5
Residential District to Conditional A-12 Apartment District on property
located on the east side of Zurich Arch, south of 1-264 (GPIN
1487939540). DISTRICT 3 - ROSE HALL
Council Lady McClanan reiterated the concern and reduced the Conditional Use Permit from a ten
(10) unit to a six (6) unit residential condominium. The Memorandum of Understanding (MOU)
Committee met on April 26, 2007, and was of the opinion that there are no other reasonable uses for
the property that are compatible with the Navy's AICUZ Program guidelines. A maximum
development potential of the site, six (6) unit residential condominium is not unreasonable. This
application is within the 65-70 dB DNL Noise Zone.
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Ron A. Villanueva
June 12, 2007
- 32 -
Item V-J.5.
PLANNING
ITEM #56550
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of DTG OPERATIONS, INC. for a Conditional Use Permit re motor
vehicle rentals within an existing shopping center:
ORDINANCE UPON APPLICATION OF DTG OPERATIONS, INC.
FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE
RENTALS R060734227
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CIIT OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of DTG Operations, Inc. for a Conditional
Use Permit for motor vehicle rentals on property located at 3750
Virginia Beach Boulevard, Suite 1 (GPIN 1487444873). AICUZ is Less
than 65 dB Ldn. DISTRICT 5 - LYNNHA VEN
The following conditions shall be required:
1. Hours of operation shall be Monday thru Friday, 8:00 a.m. to 6:00 p.m. and Saturday 8:00 a.m. to
2:00 p.m.
2. No outside paging or sound amplification system shall be permitted.
3. No additional freestanding signs beyond what currently exists on the site shall be permitted.
4. No more than 10 rental motor vehicles shall be allowed on the site at any time. Rental vehicles shall
be parked in the area designated on the site plan as "Permitted area for parking or tenant's rental
vehicles" prepared by The Vision Group, dated February 27, 2007, entitled Birchwood Shopping
Center Suite 1.
5. There shall be no sale of automobiles on the site.
6. There shall be no on-site washing, detailing or maintenance of any motor vehicles on the site.
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of June Two Thousand
Seven
June 12, 2007
- 33 -
Item V-J.5.
PLANNING ITEM #56550 (Continued)
Voting: 10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Ron A. Villanueva
June 12, 2007
- 34 -
Item V-J. 6.
PLANNING
ITEM #56551
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of DARK AGE ENTERPRISES, L.L.c. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF DARK AGE ENTERPRISES,
L.L.C FORA CONDITIONAL USE PERMIT FORA CAR WASH
R060734228
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Dark Age Enterprises, L.L.C for a
Conditional Use Permit for a car wash on property located at 590 Baker
Road (GPIN 1468302759). AICUZ is Less than 65 dB Ldn.
DISTRICT 2 - KEMPSVILLE
The following conditions shall be required:
1. The site shall be developed in substantial conformance with the submitted site plan
prepared by The Livas Group Architects p, C
2. The structure shall be modified in substantial conformance with the submitted elevation
prepared by The Livas Group Architects P. C
3. The applicant shall submit a landscape plan for review and approval showing required
landscaping around the existing freestanding sign and showing the location of existing
and proposed site landscaping. At minimum, three additional trees of at least 2-inch
caliper shall be installed.
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 Twelfth of June Two Thousand
Seven
June 12, 2007
- 35 -
Item V-J. 6.
PLANNING ITEM #56551 (Continued)
Voting: 10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Ron A. Villanueva
June 12, 2007
- 36 -
Item V-K.1.
APPOINTMENTS
ITEM #56552
By CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
OPEN SPACE ADVISORY COMMITTEE
June 12, 2007
- 37 -
Item V-K.2.
APPOINTMENTS
ITEM #56553
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
*City Council adopted ordinances pertaining to this appointive agency in City Code Section 6-
166 and an amendment to the By Laws on June 12, 2007.
The new By Laws define the Commission's "purpose is to review issues referred to it concerning
access, preservation and development of the City's beaches and waterways; and, to serve as the
City's local Erosion Advisory Commission. "
The Commission shall be comprised of eleven (J 1) Members, one from each of the seven (7)
Districts andfour (4) At Large. Terms shall be 3 years:
The appointments made on June 12, 2007 have been recorded:
Thomas E. Fraim (Princess Anne)
William A. Hearst (At Large)
Stan E. Cawlfield (Kempsville)
3-year term - 07/01/2007 - 06/30/2010
3-year term - 07/01/2007 - 06/30/2010
Unexpired term plus 3-years - 06/30/2011
BEACHES and WATERWAYS COMMISSION
*This Ordinance and Bylaws were revised June 26,2006.
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Ron A. Villanueva
June 12, 2007
- 37 -
Item V-K2.
APPOINTMENTS
ITEM #56553
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
City Council adopted ordinances pertaining to this appointive agency in City Code Section 6-166
and an amendment to the By Laws on June 12, 2007,
The new By Laws define the Commission's "purpose is to review issues referred to it concerning
access, preservation and development of the City's beaches and waterways; and, to serve as the
City's local Erosion Advisory Commission. "
The Commission shall be comprised of eleven (11) Members, one from each of the seven (7)
Districts andfour (4) At Large. Terms shall be 3 years:
The appointments made on June 12, 2007 have been recorded:
Thomas E. Fraim (Princess Anne)
William A. Hearst (At Large)
Stan E. Cawlfield (Kempsville)
3-year term - 07/01/2007 - 06/30/2010
3-year term - 07/01/2007 - 06/30/2010
3-year term - 07/01/2007 - 06/30/2010
BEACHES and WATERWAYS COMMISSION
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorj John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Ron A. Villanueva
June 12, 2007
- 38 -
Item V.K.3.
APPOINTMENTS
ITEM #56554
Upon NOMINATION by Council Lady Wilson, City Council APPOINTED:
Linwood Branch (Chair)
Rosemary Wilson
(City Council)
Robert M. Dyer
(City Council)
Delegate Terri Suit
and
Senator Frank Wagner
(General Assembly Representatives)
Rob Goodman
(local business leader representing Virginia Beach Visions)
Dr. Maggie Sizer
(local business leader representing the Chamber of Commerce)
Dan Baxter
and
Chandler Scarborough
(Council of Civic Organizations' Representatives)
Captain Thomas Keeley, USN, Retired
(Citizen - Military Representative)
James Cooper
(Citizen Representative)
BLUE RIBBON T~ FEE, and SPENDING TASK FORCE
This Task Force is to serve in an advisory capacity to City Council. The Task Force shall
create a Local Tax and Fee Subcommittee and a Local Spending Subcommittee.
The Task Force shall report to the City Council no later than November 30, 2007
June 12, 2007
- 39 -
Item V.X.3.
APPOINTMENTS
ITEM #56554 (Continued)
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Ron A. Villanueva
June 12, 2007
- 40-
Item V-K.3
APPOINTMENTS
ITEM #56555
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
William Brunke
Joanne Griggs
Leslie L. Lilley,
City Attorney
James K Spore
City Manager
John E. Uhrin
Council Member
James L. Wood,
Council Member
INTERNAL AUDIT COMMITTEE
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Ron A. Villanueva
June 12, 2007
- 41 -
Item V-K4.
APPOINTMENTS
ITEM #56556
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Priscilla Beede
Patrick L Shuler
3-year terms
09/01/2007-08/31/2010
REVIEW and ALLOCATION COMMITTEE (COG)
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Ron A. Villanueva
June 12, 2007
- 42-
Item V-No
ADJOURNMENT
ITEM # 56557
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:38 P.M.
~___a_L~!-[~-
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
June 12, 2007