FEBRUARY 5 2008 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. DlEZEL, Kempsville - District 2
ROBERT M. DYER" Centerville - District J
BARBARA M. HENLEY, Princess Anne - District 7
REBA S. McCLANAN, Rose Hall - 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
05 FEBRUARY 2008
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CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
I.
CITY COUNCIL BRIEFINGS
- Conference Room -
2:00 PM
A. VOLUNTEER OFFICE RESOURCES Annual Report
Mary Russo, Director
B. SPSA Financial Analysis
John Hadfield, Executor Director
II. CITY MANAGER'S BRIEFING
A. ECONOMIC DEVELOPMENT STRATEGY IDIVERSIFICA nON
R. Steven Herbert, Chief Development Officer
III. CITY COUNCIL LIAISON REPORTS
IV. CITY COUNCIL COMMENTS
V. REVIEW OF AGENDA
VI. INFORMAL SESSION
- Conference Room -
4:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VII. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
INVOCATION:
Reverend Jim Young
Wycliffe Presbyterian Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL AND FORMAL SESSIONS
January 22, 2008
G. AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
1. ORDINANCES/RESOLUTION
l. Ordinances to AUTHORIZE temporary encroachments into portions of City property:
a. MICHAEL H. and DARLENE KAY KW AITKOWSKI to construct and
maintain a proposed bulkhead, pilings and pier at Sand Broad Inlet and Pike Inlets
adjacent to 348 Tuna Lane. (DISTRICT 7 - PRINCESS ANNE)
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b. TOWN CENTER ASSOCIATES 6, L.c.c. and STUDIO 56
CONDOMINIUM at Town Center Owners Association, Inc. to maintain:
(i) two (2) existing canopies/signs at Market Street
(ii) existing canopy/sign at the Public Plaza
(iii) eight (8) balconies at Bank Street
(iv) twenty-four (24) balconies at Market Street
(DISTRICT 5 - L YNNHA VEN)
1. PLANNING
1. Application of BONAVENTURE INVESTMENTS, LLC re Modification of a
Conditional Change of Zoning request (approved by City Council on December l2, 2006
for Ocean Properties, LLC) at Centerville Turnpike and Lynnhaven Parkway re proffers
to allow a new site design, reduction of the retail space floor area and increase the number
of dwelling units.
RECOMMENDATION:
APPRO V AL
K. APPOINTMENTS
COMMUNITY SERVICES BOARD (CSB)
HUMAN RIGHTS COMMISSION
PERSONNEL BOARD
RESORT ADVISORY COMMISSION (RAC)
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
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PUBLIC COMMENTS
Non-Agenda Items
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Agenda 02/05/2008 gw
www.vbgov.com
CITY COUNCIL'S SCHEDULE
City-wide Town Meeting
Stormwater Plans and Funding
February 19, 2008
Virginia Beach Convention Center 7 - 9 PM
PROPOSED RESOURCE MANAGEMENT PLAN WORKSHOPS
April 8 (Workshop)
April 15 (Workshop)
April 17 (Public Hearing)
April 22 (Workshop)
April 22 (Public Hearing)
April 29 (Workshop)
May 6 (Reconciliation Workshop)
May 13 (Adoption)
Council Conference Room
Council Conference Room
Green Run High School - 6 p.m.
Council Conference Room
Council Chamber - 6 p.m.
Council Conference Room
Council Conference Room
Council Chamber - 6 p.m.
*********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
***********
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MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
February 5, 2008
Mayor Meyera E. Oberndorf called to order the CITY COUNCIL BRIEFING re VOLUNTEER
RESOURCES Annual Report in the City Council Conference Room, City Hall, on Tuesday, February 5,
2008, at 2:00 P.M
Council Members Present:
William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor
Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Rosemary
Wi~onandJamesL. Wood
Council Members Absent:
Robert M Dyer
[Absent due to Illness]
John E. Uhrin
[Entered: 3:20 P.M]
Ron A. Villanueva
[Entered: Formal Session 6:00
P.M, taking wife to doctor]
February 5, 2008
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CITY COUNCIL BRIEFING
VOLUNTEER OFFICE RESOURCES
ANNUAL REPORT
2:00 P.M.
ITEM # 57267
Mary Russo, Director - Volunteer Resources, advised that Volunteer Resources is celebrating their
Thirtieth (3(jh) Anniversary. In 1978, the City Council was responsible for making the Volunteer Office a
part of the City Government. Mrs. Russo cited the "Million Dollar Club". These Departments continue
not only to be models and leaders for other City agencies, but for the region, state and the nation. The
most important gift the citizens have to give their community is their time. This gift has provided more
than $10.9-MILLION in service value.
EXCELLENCE
MILLION DOLLAR CLUB
Fiscal Year 2006/2007 Hours Value
Emergency Medical Service 327,303 $ 4,620,147
Sherifrs Office 438,328 4,079,317
Parks and Recreation 211,879 2,249,978
The seven (7) over achievers each provide over $100,000 totaling $3.5-MILLION to expand services.
Over Achievers
$100,000 and over
Agriculture
Fire
Human Services
Juvenile Court Services Unit
Museums
Police
Public Libraries
PERFORMANCE
More than three (3) volunteers for every one (1) paid staff member
Fiscal Number of Hours Worked FTE Dollar Value
Year Volunteers Equivalent
06/07 21,553 1,198,603 576 $14,878,519
Some of the cost saving volunteer programs reduce the budget,' however, the majorities are cost avoidant,
providing added services, Friendship Print Shop at the Central Library is a good example. This shop
raised $56,261.45 ( a good return on the City's investment). Nine hundred fifty (950) youth comprise
the Mayor's Youth Council, Department of Museums, Public Libraries, Parks and Recreation and Human
Services. The City's Departments and Agencies give our youth the opportunities to participate in City
Government and learn how important it is to give back to their community now and in the future. Many of
these young people become permanent Volunteers with the City,
February 5, 2008
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CITY COUNCIL BRIEFING
VOLUNTEER OFFICE RESOURCES
ANNUAL REPORT
ITEM # 57267 (Continued)
As a result of strict, strategic planning, the Office of Volunteer Resources, replaced its existing Volunteer
Management system, The new Volunteer System aids our Volunteer Resource Managers within the City
Departments and Agencies to respond to the trend of doing more with less, another cost avoidance
program, Our logistics is "on-line" hosted solution for tracking and coordinating Volunteers. There is no
hardware or software for ComIT to support. The Office of Volunteer Resources administers and supports
this centralized data base, which is more user friendly and has better security. Citizens can submit a
completed application on-line, which is e-mailed directly to the Volunteer Resource Managers.
Volunteers can access their work schedule and enter their work hours via the Internet, An Annual Work
Plan includes training and certification of staff Mrs, Russo recognized and expressed appreciation to
Deborah A. Wellington, Administrative Technician, Office of Volunteer Resources, for the Volunteer
Management System.
Virginia Beach Clean Community is one of the very special programs. In 2007, their volunteers donated
4,414 hours valued at $210,868. Clean Community promotes litter prevention, recycling, beautification
and general environmental awareness through education of projects designed to reach all segments of the
community. Examples are "Clean the Bay Day" 2,433 volunteers cleaned one hundred sixty-six (166)
miles of shore and waterways, collecting 74,851 pounds of debris, contributing 14,926 hours valued at
$163,580, Clean Community Commissioners led one of the most successful innovative Earth Day
celebrations in its history. Stages included entertainment, interactive displays and children's activities,
Earth Day was held at Mount Trashmore with 6,000 attendees, 33 exhibitors and two hundred fifty-three
(253) Volunteers for a total value of $20,244. The new Storm Drain Marker program recorded thirty
(36) individuals marked 1,806 storm drains, equating to 340 volunteer hours, valued at $4,386. The
Helping Hands program links the efforts of residents with community resources to assist Senior Citizens
and physically challenged individuals in the community who may need occasional help in maintaining
their property. Four (4) groups completed five (5) projects, a total of 77 Volunteers giving 387 hours to
make a difference. 20,500 pounds of debris was collected Their total value of volunteer hours is $6,250.
Mrs. Russo displayed various photographs of "Volunteers in Action!" and Phase III of the Volunteer
Recognition Garden. Sheriff Lanteigne held a golf match netting $11,000 towards funding this
Recognition Garden. The Bayside Rotary Club donated $500 and great support was received from the
Garden Clubs. Amada Hoffler will construct the Gazebo with Home Depot donating the pavers,
Mrs, Russo recognized and expressed appreciation to Mayor Oberndorf, Councilman Jim Wood-
Liaison, Susan Walston, Chief of Staff and Representative for the Office of Volunteer Resources and Ruth
Fraser, City Clerk for her dedication re the First Impression Volunteers, Council Lady Henley started
the Volunteer Program in the southern part of the City and Council Lady McClanan assisting with the
formation of the Garden Clubs,
Councilman Wood advised there are still afew departments which do not utilize volunteers. This number
is "shrinking".
The City Manager advised he is requiring each Department have a Volunteer Resource Person. This
concept has also been made a part of the Department Directors' evaluations (to find ways to utilize
Volunteers in their efforts).
Mrs. Russo advised that next year in the 2007/08 Annual Report, the hours of the Volunteers comprising
the Boards and Commissions shall be noted and included in the data base.
February 5, 2008
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CITY COUNCIL BRIEFING
SPSA FINANCIAL ANALYSIS
ITEM # 57268
The SPSA FINANCIAL ANALYSIS WAS CANCELLED AND RESCHEDULED TO FEBRUARY 12,
2008. Because the Presenting Consultant was delayed in the Philadelphia Airport due to inclement
weather.
February 5, 2008
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CITY MANA GER'S BRIEFING
ECONOMIC DEVELOPMENT STRATEGY/DIVERSIFICATION
2:35 P.M.
ITEM # 57269
The City Manager advised the Economic Development Strategy was determined to be one of City
Council's goals during their last two Retreats. The City Manager introduced Steve Herbert, Chief
Development Officer,
Steve Herbert, advised Virginia Beach City Council endorsed an Economic Development Strategy on
June 20, 2000, and did a brief update in 2003,
At the City Council Retreat in August 2006, City Council gave the highest priority to completing an
Economic Diversification and Target Market Study. At this time work, began on a scope of services and
Request for Proposal (RFP) to select a qualified firm to assist the City on these initiatives.
Warren Harris, Director - Economic Development, advised in March 2007the firm of, Basile Baumann
Prost and Associates, Inc., Annapolis" Maryland, was selected to complete the study and strategy.
(BBPC Associates) is an economic and real estate development advisory firm which counsels an array of
public and institutional clients, as well as both novice and sophisticated private investors interested in
bringing projects to fruition. Their services include market and financial feasibility assessments,
developer solicitations and evaluations, implementation and packaging assistance, deal structuring and
negotiations, strategic planning and economic development analyses, resolution of public revenue
shortfalls, disposition of property, transportation and joint development planning and organizational and
project management. After pioneering many of the public/private development techniques used to rebuild
America's cities and towns, BBPC Associates has developed a reputation for tenaciously overcoming
development constraints, maximizing economic opportunities and formulating practical solutions for their
communities. They have worked with numerous communities-just to name a few: Fairfax, Arlington
County, Corpus Christie, Denver, Cleveland, Richmond, Boston, Albuquerque, Washington DC, Atlanta,
Pittsburg Hampton, Miami and Los Angeles. Mr. Harris introduced Doug Ellis, and Teresa Carrington
Virginia Beach Development Authority Liaisons on this project, They, along with Council Woman
Rosemary Wilson and Vice Mayor Louis Jones, set the scope of work and guided the consultants over the
past nine (9) months, Mr. Harris recognized the dedication of Cynthia Whitbred-Spanoulis who has been
very instrumental in providing staff support for this task
Doug Ellis, Virginia Beach Development Authority Liaison re the Economic Development
Strategy/Diversification, advised Vice Mayor Jones, Council Lady Wilson, Teresa Carrington,
Virginia Beach Development Authority Liaison, worked very closely with the Economic Development
staff to develop a scope of work that would move our community forward. The report was delayed to
include Warren Harris and Steve Herbert into the process in August 2007.
The members believe this was a definining moment in time for the community to attract and expand
companies that will grow the City's economy.
BBP was requested to perform the following:
. Review the City's Target Markets
. Review Land Utilization as it relates to Economic Development initiatives
. Provide recommendations for minority and women-owned business initiatives,
. Review our market and demographics
. Identify barriers to our growth
. Identify opportunities for competitive advantages
. Further analyze the role of the Hampton Roads Economic Development Alliance.
February 5, 2008
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CITY MANA GER'S BRIEFING
ECONOMIC DEVELOPMENT STRATEGYIDIVERSIFICATION
ITEM # 57269 (Continued)
Mr. Ellis introduced Ralph J. Basile, Principal - BBP and Associates, (Basile Baumann Prost and
Associates, Inc.) to share the results of the strategy,
Mr. Basile advised the Virginia Beach's Economic Development Department is a leader among
Virginia's communities. This City has a global economy and, to that end, opportunities have been
presented which can be implemented and reflect the shift in focus from primarily special projects to a
broader view of the economic base and capture the target industry clusters.
Agenda
o Work Completed
o Major Issue Areas
o Demographic, Economic, & Market Profile
o Competitive Strengths and Disadvantages
o Economic Development Goals
o Focus Areas
o Highlighted Opportunities in Focus Areas
Work Completed
o Stakeholder Interviews
o Field Research
o Completion of Nine Technical Memoranda (Addressing City Identified Issue Areas)
o Staff Review and Consultation
o Preparation of Economic Development Strategy Update 2007 (Demographic, Economic, and
Market Profiles and Action Agenda)
o Strategy Update: 2000 vs, 2007
D 2007 update covered all 2000 Items, Plus:
o Real Estate Market Conditions
o Strengthening of Women and Minority Business Opportunities
o The City's Coordination with the Hampton Roads Regional Economic
Development Alliance (HREDA)
o Detailed Recommendations Regarding Financing and Funding Strategies to
Achieve Economic Development
o The Firm/Industry Targeting was an Area of Special Focus
o Recommend Monitoring, Reevaluation and Update of 2007 Version of Plan Every Two Years to
Keep Pace with Changes in Global Marketplace and City's Priority Economic Development
Goals,
Major Issue Areas
o Strengths, Weaknesses, Opportunities, Constraints (SWOC) Analysis (Compiled from Stakeholder
Interviews)
o Industry Cluster Analysis
o Regional Demographic and Economic Trends
o Recent Trends - Business Growth & Expansion
o Real Estate Market and Land Use Conditions
o Evaluation of Hampton Roads Economic Development Authority's Role in City Business
Recruitment
February 5, 2008
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CITY MANA GER'S BRIEFING
ECONOMIC DEVELOPMENT STRATEGYIDIVERSIFICATION
ITEM # 57269 (Continued)
Major Issue Areas
o Evaluation of Public-Private Partnerships
o Identification of Target Industries and Firms
o Worliforce Development
o Opportunities for Women and Minorities
o City Job Creation Standards
Demographic, Economic, Market Profiles
Demographic (Includes)
o Population
o Income
o Diversity
o Active & Retired Military
Economic (Includes)
D Labor Force
D At-Place Employment
D Minority/W omen Firms
D Home Sales
Market (Includes)
D Business Growth
D Facility/Land Usage Trends
D Sub market Growth Trends
D Vacancies/Lease Rates
Competitive Strengths and Disadvantages
Strengths (Selected)
o High Quality of Life
o Competitive Land Prices and Rents Relative to Larger Urban Centers
o Emerging Centers with Urban Amenities (e,g. dining, shopping, entertainment, parking)
o Large Regional Labor Force with Desirable Skill Sets (e.g. health care professionals, engineers,
computer system professionals, administrative and office support)
Disadvantages (Selected)
o Low Unemployment
o No Port Access
o Limited Transportation/Access Options
o Limited Land Availability
o Higher Rental Rates Relative to Other Areas within the Region
o Little or No Existing Spec Space
February 5,2008
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CITY MANA GER'S BRIEFING
ECONOMIC DEVELOPMENT STRATEGYIDIVERSIFICATION
ITEM # 57269 (Continued)
Economic Development Goals
o Achieve Growth in Updated Target Industries.
o Efficiently Utilize Limited Commercial Space and Developable Land.
o Facilitate Redevelopment of Underutilized Land.
o Enhance Application of Economic Development Financing Tools to Achieve Growth in Target
Industries,
o Create Opportunities for Suppliers, Distributors and Workers with Office-Based Skills in the
Area.
o Diversify the City's Workforce and Job Market.
o Enhance Ability to Secure Major "Deals" with Major Employers on National or International
Level,
o Build upon the City's Quality of Life and Amenities to Recruit Firms Providing Higher-Quality
Jobs,
o Supply Necessary Infrastructure and Cultivate the Professional Agglomeration/Clustering of
Firms to Create Better Business and Employment Environment,
o Broad International Presence of Virginia Beach.
Focus Areas
1. Firm/Industry Targeting
2. Building a Workforce That Supports Desired Industries
3. Increasing and Enhancing Opportunities for Women and Minority-owned Firms
4. Providing Financing/Funding Mechanisms to Recruit Industries
5, Providing/Facilitating Identification of Needed Land or Building Space
6, Establishing Relationships and Marketing Approaches
Firm/Industry Targeting
...
· Architectural and Engineering Services
. Computer Hardware and Software Development
. Management, Scientific, and Technical Consulting Services
. Information technology development and computer simulation and
modeling associated with space (aeronautics) research and
technolo
Information Services. Broadcasting (Except Internet), particularly cable and other
subscription programming
. Internet Publishing and Broadcasting
. Data Processin , Hostin and Related Services
High Performance . Computer and Electronic Product Manufacturing
Manufacturing . Electrical Equipment, Appliance, and Component Manufacturing
. Aeros ace Product and Parts Manufacturin
Science and
Engineering
Research,
Management and
Technical Consulting
February 5, 2008
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CITY MANA GER'S BRIE FING
ECONOMIC DEVELOPMENT STRATEGY/DIVERSIFICATION
ITEM # 57269 (Continued)
Firm/Industry Targeting
..
Healthcare and
Social Assistance
Management of
Companies and
Corporations
Construction
. Home health care services
. Community care facilities for the elderly
. Residential mental health and substance abuse facilities
. All other residential care facilities
. Offices of physical, occupational and speech therapists, and
audiologists
. Outpatient care centers, offices of chiropractors, offices of all other
health ractitioners
. Hospitality industry
. Professional associations/organizations representing building
construction, real estate, facilities management industries
. Insurance com any head uarters
. Building Construction, particularly commercial and multifamily
. Heavy and Civil Engineering Construction, particularly highway,
street and bridge construction
. Specialty Trade Contractors, particularly highly-skilled technicians
(electrical contractors, foundation, structure, and building exterior
contractors
Strengthening of Minority and Women Business Opportunities
Potential Scope for Minority Business Development Manager
o Attend Conferences Targeting Minority Entrepreneurs, Networking Events,
Tradeshows, Continue MBC Expo
o Survey Local Swam Businesses to Understand Business Needs and Areas of
Potential Support
o Partner with Educational Institutions
o Partner With Other Agencies/Organizations (EG. Virginia Minority Supplier
Development Council, Greater Hampton Roads Black Chamber Of Commerce,
Hispanic Chamber Of Commerce, Metropolitan Business League)
o Continue to Work Toward Increasing City Awards and Expenditures to
Minority and Women-owned Firms
o Focus Efforts on Sizable Firms
Financing and Funding
o Implement Non-bonding TIF Structures (IE. Lynnhaven Mall)
o Consider CDAs as Another Potential Tool
o Establishing Criteriafor TIF Funding Giving Higher Priority to Projects
Fulfilling Multiple Economic Development Goals
o Expand Function and Uses of Special Service Districts (SSDs) to Achieve
Other Revitalization Goals (EG. Marketing, Fa9ade Improvements)
o Strengthen Marketing of IRE and Fast Track Construction Programs
o Incorporate Additional Elements Into EDIP Program that Further Fulfill
Economic Development Goals (IE. Criteria Focusing on Job Creation within
Tarflet Industries and Above Industry Average Salary Thresholds)
o Provide Targeted Incentives for Growth in Target Industries
February 5, 2008
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CITY MANA GER'S BRIEFING
ECONOMIC DEVELOPMENT STRATEGYIDIVERSIFICATION
ITEM # 57269 (Continued)
Land and Building Space
o Continue to Market More Urban Commercial Areas as Premium Locations for
Office-based Tenants
o Reposition Marketing of Corporate Landing to Highlight Locational Strengths
(close to government, housing; sizeable land area)
o Extend Parkway Through Corporate Landing
o Strengthen Targeted Incentives For Injill Development in Strategic Growth
Areas
o Develop Differentiated Strategies to Recruit Target Industries
o Focus on Development of Spec Space in City's Strategic Growth Areas and
Encourage Green Building Practices (LEED)
Relationships and Marketing
o Continue to Engage in Regional Marketing Efforts Through Hampton Roads
Economic Development Alliance (HREDA)
o Encourage HREDA to Expand on the City's Competitive Advantages and Seek
Businesses Aligned With Target Industries
o Strategically Partner with HREDA,
o Increase Virginia Beach Presence at All Marketing Missions in Target
Industries
o Engage in New Regional/National Campaign to Recruit the "Creative Class" -
Highlighting City's High Quality Amenities, Dining and Entertainment
Options, Emerging Urban Centers, and Plentiful Recreation Options
Mr, Herbert advised the City is working with the Navy to identify their Talent Bank in better detail,
identifying how their particular ranks would translate into a civilian occupation i.e, with A meriaGro up,
The City would encourage this talent to remain in Virginia Beach after retirement from service.
February 5, 2008
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CITY COUNCIL LIAISON REPORTS
3:35 P.M.
ITEM # 57270
Mayor Oberndorf advised Council Members Wilson and Villanueva, Liaisons - Legislative Coordination,
met with the City's General Assembly representatives in Richmond.
Council Lady Wilson advised the visit was very pleasant, All Senators and Delegates, with the exception
of Delegate Bouchard, Senator Stolle and Delegate Purkey who were attending other meetings, were in
attendance. Senator Northam believed his Bill re the Smoking Ban would move forward. Robert
Matthias, Assistant to the City Manager, advised there is a large shortfall of $800-MILLION in the State
Revenue rather than $600-MILLION.
Concerning the impact ion Virginia Beach, the City Manager advised the Governor has indicated he will
advise the General Assembly re a revised estimate of the shortfall. Thus far, the City's revenues are
"holding up" reasonably well.
February 5, 2008
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CITY COUNCIL COMMENTS
3:39 P. M
ITEM # 57271
Mayor Oberndorfreferenced The American Bus Association Marketplace Conference (February 2 - 7) at
the Convention Center. Marketplace allows the group travel and motorcoach industries to build business
relationships, conduct one-to-one business appointments, view the newest products and services, learn
about the latest trends and industry information and network. More delegates registered for the 2008
Market Marketplace than any other convention group in previous years, 3,300 delegates were in
attendance. Mayor Oberndorf expressed appreciation to Jim Ricketts, Director - Convention and Visitors
Bureau. Mary Russo and her dedicated Volunteers along with Hester Waterfield (a retired City
employee) managed this convention and really made "the City shine". All visitors were impressed by the
warmth and sincerity of Virginia Beach.
Mayor Oberndorf advised Sunday a tribute to the Military was performed at the Welcome Breakfast. The
Air Force Band performedfor the guests.
A Ballroom in the Convention Center was set up to seat 3,000 individuals, There were ten (10) Broadway
show stars performing portions of the shows i. e, Shampoo.
Councilman Uhrin advised the American Bus Association was a "cue" for the Convention Center. The
Convention and Visitors Bureau has worked extremely hard for the past three (3) years and put together
an incredible program, Councilman Uhrin requested staff provide a briefing to City Council within the
next two (2) weeks encompassing the success of this event and the impact for this particular industry.
ITEM # 57272
Mayor Oberndorf applauded the event at the Sandler Center for the Performing Arts entitled "Eros", on
Monday, February 4, 2008, This performance encompassed young people performing tumbling similar to
a ballet.
ITEM # 57273
Mayor Oberndorf expressed admiration to Plaxico Burress, who delivered the wining Touchdown for
the New York Giants winning the Super Bowl XLII. Mr. Burress brought this honor and distinction
home for the State of Virginia, for the City of Virginia Beach and Green Run High School.
Mayor Oberndorf requested a Resolution be presented by the Mayor and City Council.
ITEM # 57274
Councilman DeSteph advised speaking at the Operation Smile Dinner Celebration Dinner, January 25,
2008. Dr, William P. Magee Jr., Chief Executive Officer and Co-founder and Kathleen S. Magee, MEd.,
MS. w., President and Co-founder - Operation Smile Inc. are to be commended. Councilman DeSteph is
proud to say Operation Smile is headquartered here,
February 5, 2008
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CITY COUNCIL COMMENTS
ITEM # 57275
Council Lady McClanan referenced the memorandum from David Hansen, Chief of Information and
Technology, re the Capital Improvement Program criteria.
Council Lady McClanan requested this criteria be discussed during the City Council Session of February
12, 2008, Council Lady McClanan advised the Real Estate Assessor mentioned in his presentation he will
utilize the figures from 18 months ago. Assessments were extremely high during that period.
Councilman DeSteph concurred and advised he, Council Members Wilson and Dyer spoke at a Breakfast
discussing the Blue Ribbon Tax, Fee and Spending Task Force. The City Council needs to establish
priorities based on the recommendations.
ITEM # 57276
Council Lady Henley referenced the Schedule of Proposed Resource Management Plan Workshops.
Last year, a considerable amount of time was expended re the budget, not just at the regular City Council
Sessions. Council Lady Henley suggested commencing early in the morning and working on the budget
until the scheduled Agenda time with lunch in between.
The City Manager suggested commencing Workshops at 9:00 A.M and concluding at Noon.1fnecessary,
additional days can be scheduled.
ITEM # 57277
Councilman Diezel referenced a Resolution he had planned to distribute re the Homestead Act.
Councilman Diezel requested a letter be written to the Members of the General Assembly stating the City
Council has not taken a position and will not take one until the law is finalized and can be analyzed by
this City Council,
Council Lady Wilson advised the Virginia Municipal League supports the Homestead Act as long as the
implementation is a local option.
Council Lady McClanan had requested the City Clerk poll the other localities to determine if they have
taken positions re the "Homestead Exemption ",
The City Clerk read the results of the survey:
Chesapeake
As part of Chesapeake 's 2008 Legislative Package to the General
Assembly Delegation, a policy position was included stating Chesapeake
City Council's support of the State allowing greater authority to local
government concerning how they impose the real property tax and
supporting legislation to implement the constitutional amendment
proposed in SJR 354,
Mathews County
Has not taken any action on the proposed Homestead Exemption
Franklin
Have not taken any specific action other than supporting the position
of the Virginia Municipal League
Town of Smithfield
Has taken no official action
February 5, 2008
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CITY COUNCIL COMMENTS
ITEM # 57277 (Continued)
Suffolk
Has not taken any action regarding the Homestead exemption. At their
December 5, 2007, meeting, the Suffolk City Council approved their
2008 Legislative Agenda which included the following statement - "In
efforts to support provision of tax relief for homeowners due to rapidly
rising assessments in recent years, the City can support the second
passage of a Constitutional Amendment resolution and enabling
legislation to allow for adoption of a homestead exemption for owner
occupied homes, if it is allowed only by local option inclusive of local
flexibility to establish income criteria. The City opposed any legislation
that would limit local discretion in establishing real estate strategies
such as real estate caps. "
York County
The Board of Supervisors has an item in the legislative program that
speaks to a kind of homestead exemption, but the board has in mind
something that would be "needs based", that is reservedfor lower-
income people. They have not taken action to respond to the current
proposal before the General Assembly for authority for a 20% across-
the-board exemption for residential and farm properties
Norfolk
The City supports the second passage of a Constitutional Amendment
resolution and enabling legislation that authorizes the establishment of a
Homestead Exemption program in the Commonwealth
Portsmouth
Has not taken any action.
Mayor Oberndorf shall write a letter to the Members of the General Assembly to affirm the City Council
has NOT taken any action re the Homestead Exemption Act. Whatever action may be taken by the
Virginia General Assembly will be subject to a Voter Referendum and subsequently the action of the local
governing body.
The City Manager advised the "Crossover" is next Tuesday, February Twelfth, and, theoretically, the
City Council will then be aware of what the Homestead Bill will actually state. The City Manager
advised the City Council needs to state they wish to see both the Implementation Bill as well as the
Homestead Bill. There would be a "cap" on expenditures; and, therefore, there would be no way to make
up the lost revenue, .
ITEM # 57278
The City Attorney shall prepare an amendment to the City Council Policy re Comment on Non-Agenda
Items (Open Dialogue on the first meeting of each month). Each speaker will not only be given the
opportunity to speak, the number of speakers shall not be limited..
February 5, 2008
II II
- 15 -
AGE N DA REV IE W S E S S ION
3:03 P.M
ITEM # 57279
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
1. ORDINANCES/RESOLUTION
1. Ordinances to AUTHORIZEtemporary encroachments into portions of City
property:
a, MICHAEL H. and DARLENE KAY KWAITKOWSKI to construct and
maintain a proposed bulkhead, pilings and pier at Sand Broad Inlet and
Pike Inlets adjacent to 348 Tuna Lane. (DISTRICT 7 - PRINCESS
ANNE)
b. TOWN CENTER ASSOCIATES 6, L.e.e. and STUDIO 56
CONDOMINIUM at Town Center Owners Association, Inc, to
maintain:
(a) two (2) existing canopies/signs at Market Street
(b) existing canopy/sign at the Public Plaza
(c) eight (8) balconies at Bank Street
(d) twenty jour (24) balconies at Market Street
(DISTRICT 5 - LYNNHA VEN)
1. PLANNING
1. Application of BONA VENTURE INVESTMENTS, LLC re Modification of a
Conditional Change of Zoning request (approved by City Council on
December 12, 2006, for Ocean Properties, LLC) at Centerville Turnpike and
Lynnhaven Parkway re proffers to allow a new site design, reduction of the retail
space floor area and increase the number of dwelling units,
February 5, 2008
I '1
- l6 -
ITEM # 57280
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2. 1-3711 (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)(I)
Council Appointments: Boards, Commissions, Committees,
Authorities and Agencies
Performance of Council Appointees
PUBLICLY-HELD PROPERTY: Discussion or consideration of the,
acquisition, or of the disposition of publicly-held property, where
discussion in an open meeting would adversely affect the bargaining
position or negotiating strategy of the public body pursuant to Section
2.2-3711 (A)(3).
Acquisition/Disposition of City Property: Kempsville District
Bayside District
Beach District
Town Center
Upon motion by Councilman Uhrin, seconded by Councilman Wood, City Council voted to proceed
into CLOSED SESSION at 4:25 P.M.
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel William R. "Bill" DeSteph, 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:
Robert M Dyer and Ron A. Villanueva
(Closed Session: 4:25 P.M. - 5:40 P.M.)
(Break: 4:27 P.M. - 4:35 P.M.)
(Dinner: 5:40 P.M. - 6:00 P.M.)
February 5,2008
I 'I
- l7 -
FORMALSESSION
VIRGINIA BEACH CITY COUNCIL
February 5, 2008
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, February 5, 2008, at 6:00 P.M
Council Members Present:
Harry E. Diezel, William R. "Bill" DeSteph, Barbara M Henley,
Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Absent:
Robert M Dyer
[Absent due to Illness)
INVOCATION: Reverend Jim Young
Wycliffe Presbyterian Church
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 10, 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.
February 5, 2008
I 'I
- l8 -
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 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.
February 5, 2008
"I
- 19-
Item V-E.
CERTIFICATION OF CLOSED SESSION
ITEM # 57281
Upon motion by Councilman Wood, seconded by Council Lady Wilson, 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: 9-0
Council Members Voting Aye:
Harry E. Diezel, William R. "Bill" DeSteph, 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 Abstaining:
Ron A, Villanueva
Council Members Absent:
Robert M Dyer
Councilman Villanueva ABSTAINED as he was not in attendance during the Closed Session,
Councilman Villanueva took his wife to the doctor.
February 5, 2008
" II
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 #57280, Page 16, and in accordance with the provisions of The
Virginia Freedom of Information Act, and,
WHEREAS: Section 2.2-3712 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.
~~
Ruth Hodges Fraser, MMC
City Clerk
February 5, 2008
- 20-
Item V-F.]
ITEM # 57282
Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council APPROVED the
Minutes of the INFORMAL and FORMAL SESSIONS of January 22, 2008.
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor
Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E.
Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Robert M Dyer
February 5, 2008
II II
- 21 -
Item V-G.2.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 57283
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
February 5, 2008
- 22-
Item V-L
ORDINANCES/RESOLUTION
ITEM # 57284
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN
ONE MOTION Ordinances/Resolution 1 a/b, and Planning J.l. of the CONSENT AGENDA.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R, "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor
Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E.
Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Robert M Dyer
February 5, 2008
- 23 -
Item V-LJ.a.
ORDINANCES/RESOLUTION
ITEM # 57285
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to A UTHORIZE temporary encroachments into portions of City property:
MICHAEL H. and DARLENE KAY KWAITKOWSKI to construct and
maintain a proposed bulkhead, pilings and pier at Sand Broad Inlet and
Pike Inlet adjacent to 348 Tuna Lane. (DISTRiCT 7 - PRiNCESS
ANNE)
The following conditions shall be required:
1. The Temporary Encroachment will be constructed and maintained in accordance with the
laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with
the City's specifications and approval.
2. The Temporary Encroachment herein authorized terminates upon notice by the City to the
Grantee and that within thirty (30) days after the notice is given the Temporary
Encroachment must be removed from the Encroachment Area by the Grantee and that the
Grantee will bear all costs and expenses of such removal.
3. The Grantee shall indemnify and hold harmless the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees, in
case it shall be necessary to file or defend an action arising out of the construction, location
or existence of the Temporary Encroachment.
4. Nothing herein contained shall be construed to enlarge the permission and authority to
permit the maintenance or construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
5, The Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly
or a hazard.
6. The Grantee must obtain a permit from the Department of Planning prior to commencing any
construction with the Encroachment Area (the "Permit").
7. The Grantee shall establish and maintain a riparian buffer, which shall be a minimum of
fifteen (15) feet in width, landward from the shoreline, shall run the entire length of the
shoreline and shall consist of a mulched planting bed and contain a mixture of shrubs and
perennial plants (the "Buffer"). The Buffer shall not be established during the months of
June, July or August so that it has the greatest likelihood of survivability,
8. Prior to the City issuing a Permit, the Grantee must post a bond or other security in an
amount equal to the estimated cost of the required Buffer plantings to the Department of
Planning to insure completion of the required Buffer,
9. The Grantee shall notify the Department of Planning when the Buffer is complete and ready
for inspection. Upon satisfactory completion of the Buffer, as determined by the City, the
bond shall be released. An access path, stabilized appropriately to prevent erosion, through
the Buffer to the shoreline is allowed.
February 5, 2008
I '1
- 24-
Item V-L1.a.
ORDINANCES/RESOLUTIONS
ITEM # 57285 (Continued)
10. The Grantee must obtain and keep in force all-risk property insurance and general liability
or such insurance as is deemed necessary by the City and all insurance policies must name
the City as additional named insured or loss payee, as applicable. The Grantee also agrees to
carry comprehensive general liability insurance in an amount not less than $500,000.00,
combined single limits of such insurance policy or policies. The Grantee will provide
endorsements providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of, or material change to, any of the insurance policies,
11. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to
the construction, location and/or existence of the Temporary Encroachment,
12. The Temporary Encroachment must conform to the minimum setback requirements as
established by the City.
13. The City, upon revocation of such authority and permission so granted, may remove the
Temporary Encroachment and charge the cost thereof to the Grantee and collect the cost in
any manner provided by law for the collection of local or state taxes, may require the
Grantee to remove the Temporary Encroachment and, pending such removal, the City may
charge the Grantee for the use of the Encroachment Area, the equivalent of what would be
the real property tax upon the land so occupied if it were owned by the Grantee If such
removal shall not be made within the time ordered hereinabove by this Agreement, the City
may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and
every day that the Temporary Encroachment is allowed to continue thereafter, and may
collect such compensation and penalties in any manner provided by law for the collection of
local or state taxes.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E, Diezel, Barbara M Henley, Vice Mayor
Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, John E.
Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Robert M Dyer
February 5,2008
I 'I
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO PORTIONS OF CITY
6 PROPERTIES KNOWN AS SAND
7 BROAD INLET AND PIKE INLET
8 LOCATED ADJACENT TO 348 TUNA
9 LANE BY MICHAEL H. AND DARLENE
10 KAY KWIATKOWSKI
11
12 WHEREAS, Michael H. and Darlene Kay Kwiatkowski desire to construct and
13 maintain a bulkhead, pilings, and pier upon portions of the City's properties known as
14 Sand Broad Inlet and Pike Inlet, located adjacent to 348 Tuna Lane, in the City of
15 Virginia Beach, Virginia,
16
17 WHEREAS, City Council is authorized pursuant to SS 15.2-2009 and 15.2-2107,
18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
19 City's properties subject to such terms and conditions as Council may prescribe.
20
21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23
24 That pursuant to the authority and to the extent thereof contained in SS 15.2-
25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Michael H. and Darlene Kay
26 Kwiatkowski, their heirs, assigns and successors in title are authorized to construct and
27 maintain temporary encroachments for a bulkhead, pilings, and pier upon portions of the
28 City's properties as shown on the map marked Exhibit "A" and entitled:
29 "ENCROACHMENT PLAN Exhibit A Mike & Darlene Kwiatkowski 348 Tuna Lane
30 Virginia Beach, VA," a copy of which is on file in the Department of Public Works and to
31 which reference is made for a more particular description; and
32
33 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
34 subject to those terms, conditions and criteria contained in the Agreement between the
35 City of Virginia Beach and Michael H. and Darlene Kay Kwiatkowski (the "Agreement"),
36 which is attached hereto and incorporated by reference; and
37
38 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
39 is hereby authorized to execute the Agreement; and
40
41 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
42 time as Michael H. and Darlene Kay Kwiatkowski and the City Manager or his
43 authorized designee execute the Agreement.
44 Adopted by the Council of the City of Virginia Beach, Virginia, on the l)tl1
45 day of February , 2008.
CA-10546
X: \OID\REAL ESTATE\Encroachments\PW Ordinances\CAl 054 6 Kwiatkowski Ordinance. doc
V: \applications \ci tylawprod\cycom32\Wpdocs\DO 19\P002\ 0004 57 99. DOC
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PREPARED: 12/19/07
APPROVED AS TO CONTENTS
~rm0 C. ~!;.~\t\
. L1C WORKS, REAL ESTATE
CITY ATTORNEY
~
"I
; I 'I
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58,1-811(C) (4)
THIS AGREEMENT, made this ltD'\-\ day of J\';O\xlylX r ,2007, by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and MICHAEL H. and DARLENE KAY
KWIATKOWSKI, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee",
even though more than one.
WIT N E SSE T H:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or
parcel of land designated and described as "LOT 150" as shown on that certain plat
entitled: "SANDBRIDGE SHORES SECTION 1 B NORTH PRINCESS ANNE
BOROUGH VIRGINIA BEACH, VA." and said plat is recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virg inia in Map Book 103, at page 24, and
being further designated, known, and described as 348 Tuna Lane, Virginia Beach,
Virginia 23456;
WHEREAS, it is proposed by the Grantee to construct and maintain a
bulkhead, pilings, and pier, collectively the "Temporary Encroachment", in the City of
Virginia Beach;
GPIN 2433-16-7094-0000
II 'I
WHEREAS, In constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into portions of existing City
property known as Sand Broad Inlet and Pike Inlet, collectively the "Encroachment
Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the
City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain plat entitled: "ENCROACHMENT
PLAN Exhibit A Mike & Darlene Kwiatkowski 348 Tuna Lane,
Virginia Beach, VA," a copy of which is attached hereto as
Exhibit "A" and to which reference is made for a more
particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
2
I 'I
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify and hold harmless the City, its agents and employees, from and against all
claims, damages, losses and expenses, including reasonable attorney's fees, in case it
shall be necessary to file or defend an action arising out of the construction, location or
existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
a permit from the Department of Planning prior to commencing any construction with the
Encroachment Area (the "Permit").
It is further expressly understood and agreed that the Grantee shall
establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width
landward from the shoreline, shall run the entire length of the shoreline, and shall
consist of a mulched planting bed and contain a mixture of shrubs and perennial plants
3
, 'I
(the "Buffer"). The Buffer shall not be established during the months of June, July, or
August, so that it has the greatest likelihood of survivability. Prior to the City issuing a
Permit, the Grantee must post a bond or other security, in an amount equal to the
estimated cost of the required Buffer plantings, to the Department of Planning to insure
completion of the required Buffer. The Grantee shall notify the Department of Planning
when the Buffer is complete and ready for inspection; upon satisfactory completion of
the Buffer as determined by the City, the bond shall be released. An access path,
stabilized appropriately to prevent erosion, through the Buffer to the shoreline is
allowed.
It is further expressly understood and agreed that the Grantee must obtain
and keep in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City, and all insurance policies must name the City as
additional named insured or loss payee, as applicable. The Grantee also agrees to
carry comprehensive general liability insurance in an amount not less than $500,000.00,
combined single limits of such insurance policy or policies. The Grantee will provide
endorsements providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of, or material change to, any of the insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to
the construction, location, and/or existence of the Temporary Encroachment.
It is further expressly understood and agreed by the Grantee that the
Temporary Encroachment must conform to the minimum setbacks requirements, as
established by the City.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
4
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Michael H. and Darlene Kay Kwiatkowski, the
said Grantee, have caused this Agreement to be executed by their signatures. Further,
that the City of Virginia Beach has caused this Agreement to be executed in its name
and on its behalf by its City Manager and its sea I be hereunto affixed and attested by its
City Clerk.
(THE REMAINDER OF THIS PAGE WAS LEFT INTENTIONALLY BLANK)
5
I 'I
CI TV OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
200_,
by
CITY
MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER.
Notary Public
Notary Registration Number:
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 200_, by RUTH HODGES FRASER, City Clerk for the CITY OF
VIRGINIA BEACH.
Notary Public
Notary Registration Number:
My Commission Expires:
6
I 'I
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Michael H. wlatkowskl
J~ftrwfd:lr~ ·
Darlene Kay KWI kowskl
STATE OF ,
CITY/COUNTY OF\/fr {1 ;;1 ;0, (yo ( h , to-wit:
J
The foregoing instrument was acknowledged before me this
I
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(0 day of
,2007, by Michael H. and Darlene Kay Kwiatkowski
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APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SU FICIENCY AND FORM
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SITE PLAN
,- - 25'
ADJACENT PROPERTY OWNERS:
1, City of V\n;Iinla Beach (North - Pike Inlet)
2. Ur. Chon... Earp (North - across Pike Inlet)
3. City of Virginia Beach (South - Tuna LDne)
4. Ur_ Brandon Sonderw (Eoat - Adj. Property)
5. City of Virginia Beach (Pnroioualy - Bock Bo
Notional W11dlifo Rofu'ilo) (Woet - Sand Brood
Inlot)
I 'I
--z....=88 & FLOW
PIn INUT
(CU" oJ V'rvi"'" BeoDh)
S' ACCESS
PATH
[d,. uI ....lI't
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NOTE:
15' RIPARIAN BUFFER THE ENTIRE LENGTH
OF THE BULKHEAD CONSISTING OF 4'
THICK MINIMUM PINE NEEDLEJHARDWOOD
MULCH BED WITH BAYBERRYIWAX MYRTLE
SHRUBS PLANTED RANDOMLY ON 8'
MAXIMUM CENTERS.
EXlsnNG lll1Brn
BUU<t€AO RETURN WAllS
AT EXIST1NG RAMP
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GRAPHIC SCALE
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-
ENCROACHMENT PLAN
Exhibit A
Mike & Darlene Kwiatkowski
348 Tuna Lone
Virginia Beach, VA
SHEET 1 OF REVISION [)An:, 08/ 11 /07
Proposed Bulkhead &: Pier
Replacement Project In Back bay
at Sand Brood Inlet and Pike
Inlet.
City 0' V'rqinio 8eo<:h
Applicant l.4ik. <I< Donene Kwiatko....ki
"llt
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o
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- 25 -
Item V-I.l.b.
ORDINANCES/RESOLUTION
ITEM # 57286
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to AUTHORIZE temporary encroachments into portions of City property:
TOWN CENTER ASSOCIATES 6, L.C.C. and STUDIO 56 CONDOMINIUM at Town Center
Owners Association, Inc. to maintain:
(a) two (2) existing canopies/signs at Market Street
(b) existing canopy/sign at the Public Plaza
(c) eight (8) balconies at Bank Street
(d) twenty jour (24) balconies at Market Street
(DISTRICT 5 - LYNNHA VEN)
The following conditions shall be required:
1. Grantee shall not be permitted to make changes to the Temporary Encroachments without the
prior written consent of City, which consent can be withheld at City's sole discretion. Any
changes to the Temporary Encroachments shall be constructed (a) in a good and
workmanlike manner and (b) in accordance with the laws of the Commonwealth of Virginia
and the City of Virginia Beach.
2. Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to
remove, all or any part of the Temporary Encroachments from the Encroachment Area, in the
event of an emergency or public necessity, and Grantee, to the extent of their respective
interests therein, shall bear all costs and expenses of such removal.
3, The Temporary Encroachments herein authorized shall terminate upon notice by the City to
the Grantee (the "Termination Notice ''), and that within one hundred eighty (180) days after
the notice is given, the Temporary Encroachments must be removed from the Encroachment
Area by the Grantee and that the Grantee will bear all costs and expenses of such removal to
the extent of their respective interests in the Temporary Encroachments, In the event that
Granteefails to remove the Temporary Encroachments within such one hundred eighty (180)
day period, then the City shall have the right to remove the Temporary Encroachments at
Grantee's sole cost and expense, to the extent of their respective interests in the Temporary
Encroachments,
4. The Grantee, to the extent of their respective interests in the Temporary Encroachments, shall
indemnify and hold harmless the City, its agents and employees, from and against all claims,
damages, losses and expenses, including reasonable attorney's fees, arising out of the
construction, location or existence of the Temporary Encroachments,
February 5, 2008
- 26-
Item V-Ll.b.
ORDINANCES/RESOLUTION
ITEM # 57286 (Continued)
5. Nothing herein contained shall be construed to enlarge the permission and authority to
permit the maintenance or construction of any encroachment other than the Temporary
Encroachments specified herein and to the limited extent specified herein, provided, however,
in the event of a casualty or damage to or destruction of the Temporary Encroachments, and
provided the provisions of this Agreement are otherwise satisfied and the City had not given
the Termination Notice prior to such casualty or damage to or destruction of the Temporary
Encroachments, the Grantee shall be entitled to reconstruct the Temporary Encroachments
pursuant to this Agreement in substantially the same locations and with substantially the
same materials without the needfor approval by the City Council of a new Encroachment
Agreement, provided such reconstructed Temporary Encroachments shall be contained .within
the Encroachment Areas.
6. The Grantee agrees to maintain the Temporary Encroachments in good condition and repair.
The Temporary Encroachments shall not become unsightly or hazardous.
7. The Grantee must submit and have approved (by all applicable authorities and jurisdictions)
a traffic control plan before commencing any work in the Encroachment Area,
8. The Grantee agrees that no open cut of the public roadway will be allowed. Requests for
exceptions must be submitted to the Highway Operations Division, Department of Public
Works, for final approval.
9. Prior to issuance of a right-of-waylutility easement permit, in addition to obtaining the City's
written approval (which approval may be withheld at the City's sole discretion), the Grantee
must also post a bond or other security, in the amount of two times their engineer's cost
estimate, to the Planning Department to guard against damage to City property or facilities
during any construction.
10. The Grantee must obtain and keep in force all-risk property insurance and general liability or
such insurance as is deemed necessary by the City for the Temporary Encroachments, and all
insurance policies must name the City as additional named insured or loss payee, as
applicable. The Grantee also agrees to carry comprehensive general liability insurance in an
amount not less than $500,000.00, combined single limits of such insurance policy or policies
covering the Temporary Encroachments. The Grantee will provide endorsements providing
at least thirty (30) days written notice to the City prior to the cancellation or termination of,
or material change to, any of such insurance policies, The Grantee, to the extent of their
respective interests in the Temporary Encroachments, assumes all responsibilities and
liabilities, vested or contingent, with relation to the construction, location and/or existence of
the Temporary Encroachments.
11. The Grantee must submitfor review and approval, a survey of the Encroachment Area,
certified by a registered professional engineer or a licensed land surveyor, and/or "as built"
plans of the Temporary Encroachments sealed by a registered professional engineer, if
required by either the City Engineer's Office or the Engineering Division of the Public
Utilities Department.
February 5,2008
- 27-
Item V-Ll.b.
ORDINANCES/RESOLUTION
ITEM # 57286 (Continued)
12. The City, upon revocation of such authority and permission so granted, may remove the
Temporary Encroachments and charge the cost thereof to the Grantee and collect the cost in
any manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachments and, pending such removal, the City may
charge the Grantee for the use of the Encroachment Area, the equivalent of what would be
the real property tax upon the land so occupied if it were owned by the Grantee. If such
removal shall not be made within the time ordered hereinabove by this Agreement, the City
may impose a penalty in the sum of One Hundred Dollars ($100,00) per day for each and
every day that the Temporary Encroachments are allowed to continue thereafter and may
collect such compensation and penalties in any manner provided by law for the collection of
local or state taxes.
13. Pursuant to the Condominium Instruments, the Association is responsible for the
maintenance, repair and replacement of the Temporary Encroachments with the costs of
same to be the responsibility of the unit owners of the Condominium as set forth in the
Condominium Instruments. The Association executes this Agreement for the purposes of
acknowledging its requirements and, to the extent the Association has or may have, any
obligations hereunder pursuant to the Condominium Instruments accepting responsibility for
same.
14. The provisions of this Agreement shall be binding upon the Grantee and the respective
successors and assigns of the Grantee. Upon transfer of title to any unit in the Condominium
("Unit"), the rights and obligations of the owner(s) of a Unit hereunder, if any, shall transfer
automatically to the transferee of such Unit, and the transferor of such Unit shall be released
from all liability arisingfromfacts or circumstances arising after the date of recordation of
the deed transferring such Unit.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor
Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E.
Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Robert M Dyer
February 5, 2008
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE TEMPORARY
4 ENCROACHMENTS INTO PORTIONS OF CITY
5 RIGHTS-OF-WAY AND OTHER CITY PROPERTY,
6 KNOWN AS BANK STREET, MARKET STREET
7 AND PARCEL Z-1 GPIN 1477-44-7718,
8 RESPECTIVELY, FOR THE ADJACENT PROPERTY
9 OWNERS, TOWN CENTER ASSOCIATES 6, L.L.C.,
10 AND STUDIO 56 CONDOMINIUM AT TOWN
11 CENTER OWNERS ASSOCIATION, INC.
12
13 WHEREAS, Town Center Associates 6, L.L.C., a Virginia limited liability
14 company, desires to maintain the following encroachments in connection with the
15 development of the new Studio 56 Condominium (the "Building"): (i) two existing
16 canopies/ signs over a portion of the City right-of-way known as Market Street, (ii) an
17 existing canopy/sign over a portion of the public plaza known as Parcel Z-1 GPIN 1477-
18 44-7718, (iii) eight (8) balcony encroachments located on the north side of the Building
19 and extending over a portion of the City right-of-way known as Bank Street, and (iv)
20 twenty-four (24) balcony encroachments located on the east side of the Building and
21 extending over a portion of the City right-of-way known as Market Street, all in the City
22 of Virginia Beach, Virginia.
23
24 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107,
25 Code of Virginia, 1950, as amended, to authorize temporary encroachments into the
26 City's rights-of-way and other City property, subject to such terms and conditions as
27 Council may prescribe.
28
29 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
30 VIRGINIA BEACH, VIRGINIA:
31
32 That pursuant to the authority and to the extent thereof contained in 99 15.2-
33 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Town Center Associates 6,
34 L.L.C., and its assigns and successors in title are authorized to maintain (i) two existing
35 canopies/ signs over a portion of the City right-of-way known as Market Street, as
36 identified as "Canopy/Sign A" and "Canopy/Sign B" on sheets 2 and 3 respectively on
37 the plat entitled "EXHIBIT A PLAT SHOWING CANOPY, SIGN & BALCONY
38 ENCROACHMENTS" and attached hereto as "Exhibit A" (the "Plat"); (ii) an existing
39 canopy/sign over a portion of the public plaza known as Parcel Z-1 GPIN 1477-44-7718,
40 as identified as "Canopy/Sign C" on Sheet 4 of the Plat; (iii) eight (8) balcony
41 encroachments located on the north side of the Building and extending over a portion of
42 the City right-of-way known as Bank Street, as identified as "Balcony Detail North View
43 (Bank Street)" on Sheet 5 of the Plat; and (iv) twenty-four (24) balcony encroachments
44 located on the east side of the Building and extending over a portion of the City right-of-
45 way known as Market Street, as identified as "Balcony Detail East View (Market Street)"
"I
46 on Sheet 5 of the Plat. Copies of the Plat are on file in the Department of Public Works
47 to which reference is made for a more particular description; and
48
49 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
50 subject to those terms, conditions and criteria contained in the Agreement between the
51 City of Virginia Beach and Town Center Associates 6, L.L.C., (the "Agreement"), which
52 is attached hereto as Exhibit B and incorporated by reference; and
53
54 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
55 is hereby authorized to execute the Agreement; and
56
57 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
58 time as Town Center Associates 6, L.L.C., and the City Manager or his authorized
59 designee execute the Agreement.
60
61 Adopted by the Council of the City of Virginia Beach, Virginia, on the
62 5th day of Febrllary ,2008.
CA 10550
PREPARED: 1/28/08
v :lapplicationslcitylawprod\cycom3 21 WpdocslD0291P003 100044641. DOC
R-1
APPROVED AS TO CONTENTS
~~ 11. Ih. >n.. J.'>d}-
PUBLI WOR~ATE
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
;:<"""~F
CITY ATTORNE
"I
EXHIBIT A
4.08'
1.27'
BANK SlHEET 170' ~
(tNSTR. #20060311000395 40[ - Ct:: ':.ot- 5 <05 <05
(FORMERL Y POTOMAC STREET) ~ ~ ~ a5 <"! a5 ~ a5
(M.a. 5, PG, 201) ~, ~ 8 67'
N 89'35'48" E 8,67 100,75'(PL) ,
15,33' -=00
<"!
~
15,71' <0 0.07'
1.28' ,..., 1.21' IN
t; ENCR
cci
1.28'1 1.21'
ENCR
N
,...,
.0
ON LINE
<0
,...,
.0
00
~
PARCEL 2-3
AREA=15.534 SF
OR 0.357 AC
GPIN: 1477-44-8892
1.20'
1.28" }... ENCR
<0
cci
.
'"
':.ot-
f'J
Cl
Cl
Z
o
o
PARCEL Z-/
(/NSl
.1200702/3000208270)
CITY OF I1RClM'A BEACH
CPl#" /177-41-77/8
CANOPY, SIGN & (j
BALCONY LOCATION
EXTERIOR
BUILDING
WALL
~(SEE SHEET 2 OF 5
8 FOR CANOPY/SIGN
(/) DETAIL 'A'
FEA lURES LEGEND
o PLANTER
o LIGHT POLE
6 FLAG POLE
SEE SHEET 3 OF 5
FOR CANOPY/SIGN
DETAIL 'B'
SCALE:
1" = 20'
COI,IIIEHCE SlHEET (81' N/W) (j
(INSTR, #20060315000395940)
(FORMERL Y CLEVELAND STREET)
(M.B, 5, PG, 201)
EXHIBIT A
PLAT SHOWING
CANOPY, SIGN & BALCONY
ENCROACHMENTS
RIGHT-OF-WAY
LINE
lVlSA. P.C.
EN'v1RONMENTAL SCIENCES .GEOSCIENCES
PLANNING . SURVEYING . ENGINEERING
. LANDSCAPE ARCHITECTURE
50.3.3 ROUSE DRIVE, 'v1RGINIA BEACH, VA 23462
757-490-9264 (OFC) 757-490-0634 (FAX)
www.msaonllne.com
SHEET 1 OF 5
VIRGINIA BEACH
PROJ. NO, 06161A
VIRGINIA DATE: 12-27-07
DRAWN: KCR
SCALE: 1" = 20'
I 'I
BRICK
FACE GLASS CURTAIN WALL BRICK FACE
2,30' _ II in to 5
:1 L()
II """': ex;) Z
-a:::c.... ...., NW RIGHT-OF-WAY
<Xl U r-.
~:z .0 \0\.49' LINE
<ow I' \8.\8'
CANOPY/ 1/ RIGHT-OF-WAY
SIGN 'A' LINE
BRICK FACE
CANOPY/SIGN I A' GLASS
0,15' 18,18' CURTAIN
Co STUDIO 56 Co WALL
'C! 'C!
0,55' Sf Sf 18,18' CANOPY/
dd SIGN 'A' 4" X 6"
0.33' BOX BEAM
BRICK GLASS BRICK T BEAM
FACE GLASS
;., CURTAIN FACE
<Xi WALL DOOR
FIN FLOOR
SIDEWALK
SIDEWALK
CANOPY/SIGN t A' DETAIL
SCALE: 1" = 6'
GLASS
DOORS
RIGHT-OF-WAY
1.18':f: NOlI: SEE SHEET
ENCR. 1 OF 5 FOR
BALCONY CUT-OFFS
II
LG~SS
DOORS
BUILDING
BRICK FACE
BRICK FACE
HAND
RAILS
=j-...
_N
-.0
FINISHED FLOOR
~
.0
CONC
BALCONY
BRICK
FACE
8,67'
BRICK FACE
CONC :
BALCONY _
1.28'
II
II II
BALCONY DETAIL (TYPICAL)
SCALE: 1" = 5'
I
II
EXHIBIT A
PLAT SHOWING
CANOP~ ~GN & BALCONY
ENCROACHMENTS
l\.IlSA. P.C.
ENVlRONMENTAL SCIENCES . GEOSCIENCES
PLANNING . SURVEYING . ENGINEERING
. LANDSCAPE ARCHITECTURE
5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462
757-490-9264 (OFC) ~57-490-0634 (FAX)
www.msaonhne.com
VIRGINIA BEACH
SHEET 2 OF 5
PROJ. NO, 06161A DRAWN: KCR
VIRGINIA DATE: 12-27-2007 SCALE: AS NOTED
I '1
r--
0,87'
0.48'
RIGHT-OF-WAY
LINE
#221 MARKET STREET
5-STORY RETAIL
AND RESIDENTIAL
CONDOMINIUMS
GLASS CURTAIN WALL
METAL
COLUMN
CANOPY/
SIGN 'B'
SIGN LETTERING
GLASS CURTAIN WALL
BRICK
FACE
in
t.C! I
.-
0.87' ,
25.00
25.00'
0,75'
112
.-
-lZ
<::E
f-3
Wo
::Eu
CANOPY/SIGN 'B'
BRICK
FACE
GLASS CURTAIN WALL
io
LO
ci
.-
FINISHED FLOOR
SIDEWALK
RIGHT-OF-WAY
LINE
0,21'
0.55'
io
LO
ci
.-
1
1
BRICK 1
FACE 1
I. /
--I ~ CANOPY
. SIGN 'B'
- i74'4'-
1.85' 1
2.40' I GLASS
ENCR. 1 CURTAIN
I WALL
I
I
I FlNISHED
FLOOR
.-
n
1.24'
SIGN LETTERING /
CANOPY/SIGN '8' DEI AIL
SCALE: 1" = 6'
SIDEWALK
EXHIBIT A
PLAT SHOWING
CANOPY, SIGN & BALCONY
ENCROACHMENTS
:M:SA, P .C.
ENVIRONMENTAL SCIENCES .GEOSCIENCES
PLANNING . SURVEYING . ENGINEERING
. LANDSCAPE ARCHITECTURE
5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462
757-490-9264 (OFC) 757-490-0634 (FAX)
www.msaanllne.com
VIRGINIA BEACH
SHEET .3 OF 5
PROJ. NO. 06161A DRAWN: KCR
VIRGINIA DATE: 12-27-2007 SCALE: 1" = 6'
, 'I
#221 MARKET STREET
5-STORY RETAIL
AND RESIDENTIAL
CONDOMINIUMS
\
SIDEWALK
\
\
\
8,97' _ -j ~
::.::Z
u:::E
_=:l
0::...J
ala
u
0.70' GLASS CURTAIN WALL
17,63'
~ 5 CANOPY /
17,63' ~ aJ SIGN 'c'
'- RIGHT -OF -;:-Y :ri
LINE 0,51'
Lo
.r
d
4,50' -
9,65'
SIGN LEffiRING
0.51'
Lo
~ SIDEWALK
0.55' a
n
Lo
(!)
.....
18.65'
CANOPY/SIGN 'c'
0,51'
Lo
(!)
.....
Fres~ Seafood
~ SIGN LEffiRING
GLASS
CURTAIN
WALL
o~
_=:l
0::5
alu
GLASS CURTAIN WALL
r-.
.r
d
.....
FINISHED FLOOR
SIDEWALK
SIGN LETTERING
BRICK
FACE
5,10'
i
I
0.45'
0.55'
RIGHT-OF-WAY
LINE
Lo CANOPY/
~ SIGN 'c'
4.79'
ENCR
GLASS
CURTAIN
WALL
r-.
.r
d
.....
FINISHED
FLOOR
CANOPY/SIGN 'c' DEI AIL
SCALE: 1" = 6'
SIDEWALK
EXHIBIT A
PLAT SHOWING
CANOPY, SIGN & BALCONY
ENCROACHMENTS
:M:SA. P .c.
EN'v1RONMENTAL SCIENCES . GEOSCIENCES
PLANNING . SURVE'r1NG . ENGINEERING
. LANDSCAPE ARCHITECTURE
5033 ROUSE DRIVE, 'v1RGINIA BEACH, VA 23462
757-490-9264 (OFC) ~57-490-0634 (FAX)
www.msaonllne.com
VIRGINIA BEACH
SHEET 4 OF 5
PROJ. NO, 06161A DRAWN: KCR
VIRGINIA DATE: 12-27-2007 SCALE: 1" = 6'
~ $ FIFTH FLOOR
~ EL = 55.83'
~ $ FOURTH FLOOR
'=I EL = 43.16'
w
>- $ THIRD FLOOR
B EL = 30.50'
~ $ SECOND FLOOR
~ EL = 17.83
$ FIRST FLOOR
EL = 0.00'
$ FIFTH FLOOR
EL = 55.83'
$ FOURTH FLOOR
EL = 43.16'
$ THIRD FLOOR
EL = 30,50'
$ SECOND FLOOR
EL = 17.83
FIRST FLOOR
EL = 0,00'
FIFTH FLOOR $ ~
EL = 55.83' ~
FOURTH FLOOR$ ~
EL = 43.16' '=I
THIRD FLOOR $ W
EL = 30.50' ~
SECOND FLOOR$ ~
EL = 17,83' <(
CD
FIRST FLOOR .J.,
EL = 0.00' '"
I '1
NOTE:
1, ELEVATIONS REPRESENTED
HEREON ARE NOT
REFERENCED TO ANY SET
DA TUM, BUT ARE BASED
ON VERTICAL DISTANCE
W1TH THE FIRST FLOOR
BEING 0.00'.
BALCONY DETAIL
NORTH VIEW
(BANK STREET)
NOT TO SCALE
BALCONY DETAIL
SOU TH VI EW
(COMMERCE STREET)
NOT TO SCALE
BALCONY DETAIL
EAST VIEW
(MARKET STREET)
NOT TO SCALE
EXHIBIT A
PLAT SHOWING
CANOPY, SIGN & BALCONY
ENCROACHMENTS
l'VISA, P .c.
ENVIRONMENTAL SCIENCES . GEOSCIENCES
PLANNING . SURVl:Y1NG . ENGINEERING
.LANDSCAPE ARCHITECTURE
5033 ROUSE DRIVI:, VIRGINIA BEACH, VA 23462
757-490-9264 (OFC) 757-490-0634 (FAX)
www.msaonllne.com
VIRGINIA BEACH
SHEET 5 OF 5
PROJ. NO. 06161A DRAWN: KCR
VIRGINIA DATE: 12-27-2007 SCALE: AS NOTED
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PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT (this "Agreement"), made this
day of
, 2008, by and between the CITY OF VIRGINIA BEACH, VIRGINIA,
a municipal corporation of the Commonwealth of Virginia, "Grantor", "City"; and TOWN
CENTER ASSOCIATES 6, L.L.C., a Virginia limited liability company ("TCA 6"), and
STUDIO 56 CONDOMINIUM AT TOWN CENTER OWNERS ASSOCIATION, INC., a
Virginia corporation (the "Association"), "Grantee", even though more than one.
WIT N E SSE T H:
That, WHEREAS, TCA 6 is the Declarant under that certain Declaration of
Condominium of Studio 56 Condominium at Town Center dated January _, 2008,
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia
(the "Clerk's Office"), as Instrument No.
and related
instruments (as same may be amended from time to time, the "Condominium
Instruments"), pursuant to which a condominium known as "Studio 56 Condominium at
Town Center" and having an address of 221 Market Street, Virginia Beach, Virginia,
23462 (the "Condominium") was created (the "Grantee Property");
WHEREAS, the Association is a condominium owner's association which has
been formed to perform certain administrative and operational functions on behalf of the
Condominium and which is empowered to execute agreements for services for the
Condominium;
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GPIN: 1477-44-8892-0000 (Condominium/Parcel Z-3)
1477-44-7718-0000 (Parcel Z -1 )
(CITY RIGHT OF WAY - NO GPIN REQUIRED OR ASSIGNED)
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WHEREAS, TCA 6 has constructed the condominium building (the "Building")
that includes certain structures which extend beyond the boundaries of the Grantee
Property and encroach onto property owned by City being the rights-of-way for Market
Street and Bank Street and Parcel Z-1, GPIN 1477-44-7718 (all areas on which the
Temporary Encroachments (as defined below) exist shall be collectively referred to
herein as the "Encroachment Area"), which encroachments consist solely of the
following:
1. a canopy/sign encroachment (the "Studio 56 Canopy"), the location of
which is on the Market Street side of the Building overhanging the Market
Street right-of-way and more particularly shown as "CANOPY/SIGN 'A'" on
that certain plat entitled "PLAT SHOWING CANOPY, SIGN & BALCONY
ENCROACHMENTS," dated December 27, 2007, a copy of which is
attached hereto as Exhibit A;
2. a canopy/sign encroachment (the "East Retail Canopy"), the location of
which is on the Market Street side of the Building overhanging the Market
Street right-of-way and more particularly shown as "CANOPY/SIGN 'B'" on
Exhibit A attached hereto;
3. a canopy/sign encroachment (the "South Retail Canopy"), the location of
which is on the south side of the Building overhanging Parcel Z-1 and
more particularly shown as "CANOPY/SIGN 'C'" on Exhibit A attached
hereto; and
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4. eight (8) balcony encroachments (the "North Balconies") located on the
north side of the Building and overhanging the Bank Street right-of-way as
depicted on Exhibit A attached hereto; and
5. Twenty-four (24) balcony encroachments (the "East Balconies") located on
the east side of the Building and overhanging the Market Street right-of-
way as depicted on Exhibit A attached hereto
The Studio 56 Canopy, the East Retail Canopy, the South Retail Canopy, the North
Balconies and the East Balconies are collectively referred to herein as the "Temporary
Encroachments" .
WHEREAS, Grantee desires, and the City has agreed to permit Grantee, to
temporarily retain the Temporary Encroachments in their respective areas on the
Encroachment Area subject to terms of this Agreement;
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar
($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City
hereby grants to the Grantee, to the extent of their respective interests in the Temporary
Encroachments, temporary permission to retain and use the Temporary Encroachments
in their present "AS-IS" conditions and locations.
Grantee shall not be permitted to make changes to the Temporary
Encroachments without the prior written consent of City, which consent can be withheld
at City's sole discretion. Any changes to the Temporary Encroachments shall be
constructed (a) in a good and workmanlike manner and (b) in accordance with the laws
of the Commonwealth of Virginia and the City of Virginia Beach.
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Nothing herein shall prohibit the City from immediately removing, or ordering the
Grantee to remove, all or any part of the Temporary Encroachments from the
Encroachment Area, in the event of an emergency or public necessity, and Grantee, to
the extent of their respective interests therein, shall bear all costs and expenses of such
removal.
It is further expressly understood and agreed that the Temporary
Encroachments herein authorized shall terminate upon notice by the City to the Grantee
(the "Termination Notice"), and that within one hundred eighty (180) days after the
notice is given, the Temporary Encroachments must be removed from the
Encroachment Area by the Grantee; and that the Grantee will bear all costs and
expenses of such removal, to the extent of their respective interests in the Temporary
Encroachments. In the event that Grantee fails to remove the Temporary
Encroachments within such one hundred eighty (180) day period, then City shall have
the right to remove the Temporary Encroachments at Grantee's sole cost and expense,
to the extent of their respective interests in the Temporary Encroachments.
It is further expressly understood and agreed that the Grantee, to the
extent of their respective interests in the Temporary Encroachments, shall indemnify
and hold harmless the City, its agents and employees, from and against all claims,
damages, losses and expenses, including reasonable attorney's fees, arising out of the
construction, location or existence of the Temporary Encroachments.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than the Temporary
Encroachments specified herein and to the limited extent specified herein; provided,
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however, in the event of a casualty or damage to or destruction of the Temporary
Encroachments, and provided the provisions of this Agreement are otherwise satisfied
and the City had not given the Termination Notice prior to such casualty or damage to
or destruction of the Temporary Encroachments, the Grantee shall be entitled to
reconstruct the Temporary Encroachments pursuant to this Agreement in substantially
the same locations and with substantially the same materials without the need for
approval by the City Council of the City of a new Encroachment Agreement, provided
such reconstructed Temporary Encroachments shall be contained within the
Encroachment Areas.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachments in good condition and repair. The Temporary
Encroachments shall not become unsightly or hazardous.
It is further expressly understood and agreed that the Grantee must
submit and have approved (by all applicable authorities and jurisdictions) a traffic
control plan before commencing any work in the Encroachment Area.
It is further expressly understood and agreed that the Grantee agrees that
no open cut of the public roadway will be allowed. Requests for exceptions must be
submitted to the Highway Operations Division, Department of Public Works, for final
approval.
It is further expressly understood and agreed that prior to issuance of a
right of way/utility easement permit, in addition to obtaining City's written approval
(which approval may be withheld at City's sole discretion), the Grantee must also post a
bond or other security, in the amount of two times their engineer's cost estimate, to the
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Office of Planning Department to guard against damage to City property or facilities
during any construction.
It is further expressly understood and agreed that the Grantee must obtain
and keep in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City for the Temporary Encroachments, and all insurance
policies must name the City as additional named insured or loss payee, as applicable.
The Grantee also agrees to carry comprehensive general liability insurance in an
amount not less than $500,000.00, combined single limits of such insurance policy or
policies covering the Temporary Encroachments. The Grantee will provide
endorsements providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of, or material change to, any of such insurance policies.
The Grantee, to the extent of their respective interests in the Temporary
Encroachments, assumes all responsibilities and liabilities, vested or contingent, with
relation to the construction, location, and/or existence of the Temporary
Encroachments.
It is further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of the Encroachment Area, certified by a
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachments sealed by a registered professional engineer, if required
by either the City Engineer's Office or the Engineering Division of the Public Utilities
Department.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachments and charge the cost thereof to the Grantee, and collect the cost in any
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manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachments; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachments are
allowed to continue thereafter, and may collect such compensation and penalties in any
manner provided by law for the collection of local or state taxes.
Pursuant to the Condominium Instruments, the Association is responsible
for the maintenance, repair and replacement of the Temporary Encroachments with the
costs of same to be the responsibility of the unit owners of the Condominium as set
forth in the Condominium Instruments. The Association executes this Agreement for
the purposes of acknowledging its requirements and, to the extent the Association has
or may have, any obligations hereunder pursuant to the Condominium Instruments,
accepting responsibility for same.
The provisions of this Agreement shall be binding upon the Grantee and
the respective successors and assigns of the Grantee. Upon transfer of title to any unit
in the Condominium ("Unit"), the rights and obligations of the owner(s) of a Unit
hereunder, if any, shall transfer automatically to the transferee of such Unit, and the
transferor of such Unit shall be released from all liability arising from facts or
circumstances arising after the date of recordation of the deed transferring such Unit.
IN WITNESS WHEREOF, each Grantee has caused this Agreement to be
executed on its behalf by a duly authorized representative, with due authority to bind
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said limited liability company. Further, that the City of Virginia has caused this
agreement to be executed in its name and on its behalf by its City Manager and its seal
be hereunto affixed and attested by its City Clerk.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, CITY MANAGER/AUTHORIZED
, 2008, by
DESIGNEE OF THE CITY MANAGER.
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2008, by RUTH HODGES FRASER, City Clerk for the CITY OF
VIRGINIA BEACH.
Notary Public
Notary Registration Number:
My Commission Expires:
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TOWN CENTER ASSOCIATES 6,
L.L.C., a Virginia limited liability company
By:
Louis S. Haddad, Manager
By:
Anthony P. Nero, Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2008, by Louis S. Haddad, Manager on behalf of Town Center
Associates 6, L.L.C., a Virginia limited liability company.
Notary Public
Notary Registration Number:
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2008, by Anthony P. Nero, Manager on behalf of Town Center
Associates 6, L.L.C., a Virginia limited liability company.
Notary Public
Notary Registration Number:
My Commission Expires:
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STUDIO 56 CONDOMINIUM AT TOWN
CENTER OWNERS ASSOCIATION,
INC., a Virginia corporation
By:
Louis S. Haddad, President
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2008, by Louis S. Haddad, President on behalf of Studio 56
Condominium at Town Center Owners Association, Inc., a Virginia corporation.
Notary Public
Notary Registration Number:
My Commission Expires:
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
SIGNATURE
DEPARTMENT
5954\009\Encroachment Agreement - clean (01-24-08).DOC
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- 28 -
J. PLANNING
ITEM # 57287
1. BONA VENTURE INVESTMENTS, LLC
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MODIFICATION/ CONDITIONAL
CHANGE OF ZONING REQUEST
(APPROVED: 12/12/06)
February 5, 2008
II 'I
- 29-
Item J.1.
ITEM # 57288
PLANNING
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED TO
THE CITY COUNCIL SESSION OF FEBRUARY 12, 2008, application of BONAVENTURE
INVESTMENTS, LLC re Modification of a Conditional Change of Zoning (approved by City Council
on December 12, 2006, for Ocean Properties, LLC) at Centerville Turnpike and Lynnhaven Parkway re
proffers to allow a new site design, reduction of the retail space floor area and increase the number of
dwelling units.
ORDINANCE UPON APPLICATION OF BONAVENTURE
INVESTMENTS, L.L. C FOR THE MODIFICATION OF A REQUEST
APPROVED BY CITY COUNCIL ON DECEMBER 12,2006 (OCEAN
PROPERTIES, L.L.C.).
Ordinance upon application of Bonaventure Investments, L.L. C for the
modification of a request approved by City Council on December 12,
2006 (Ocean Properties, L.L. C). Property is located at the northwest
intersection of Centerville Turnpike and Lynnhaven Parkway (GPINs
1454980202; 1454983391), DISTRICT 1- CENTERVILLE.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor
Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E.
Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Robert M Dyer
February 5, 2008
- 30 -
Item V-K,I.
APPOINTMENTS
ITEM #57289
BY CONSENSUS, City Council RESCHEDULED thefollowing APPOINTMENT:
COMMUNITY SERVICES BOARD
HUMAN RIGHTS COMMISSION
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February 5,2008
- 31 -
Item V-K,3.
APPOINTMENTS
ITEM #57290
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Robert W. Hall
William H. Plackett
Three year term
March 1, 2008 through February 28, 2011
PERSONNEL BOARD
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor
Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E.
Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Robert M Dyer
February 5, 2008
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- 32 -
Item V-K,4.
APPOINTMENTS
ITEM #57291
Upon NOMINATION by Vice Mayor Jones, City Council
EXTENDED TERM:
Michael J. Standing, Jr.
Extended term: 1 year
January 1, 2008 through December 31,2008
APPOINTED:
Stacie Perros
Unexpired plus 3 years
January 1, 2008 through December 31, 2011
RESORT ADVISORY COMMISSION
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor
Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E.
Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Robert M Dyer
February 5,2008
- 33 -
Item V-No
ADJOURNMENT
ITEM # 57292
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:11 P.M.
~_~~2!ff~f~_
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
~~
City Clerk
1p~~_~,,,,^ ~~_D~
r ~:~~\~~~ndorf
Mayor
City of Virginia Beach
Virginia
The Public Comment Session adjourned at 7:16 P.M.
February 5, 2008
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OPEN DIALOGUE
Non Agenda Items
The following spoke re the proposed location of a dredge spoils transfer site adjacent to the Lynnhaven
Boat Launch:
Todd R. Solomon, President - Shore Drive Community Coalition, submitted a copy of his
correspondence re the proposed Permanent Dredge Spoils Transfer Station at Crab Creek to be made a
part of the record. Mr. Solomon requested City Council direct City staff to reconsider the plan to make a
permanent dredge spoils transfer station at Crab Creek (Municipal Boat Ramp). Mr. Solomon referenced
the structural impact to Lesner Bridge, unsightly views and vistas, lack of public input during alternate
site reviews and the burden on Shore Drive with no benefit.
Captain Lee Shuler, 2448 Rose Hall Drive, Phone: 718-1457, Charter Boat Captain for the past ten (10)
years, and President - Trantwood Lake Corporation. As a holder of a Master Captain's License, she
utilizes the Lynnhaven Inlet and wishes to concentrate on boating and navigation safety with regards to
this proposed site. $32,000 in revenue is derivedfrom parking and boat launching in this area.
Approximately eighty-seven (87) vehicles per day every day of the year utilize this boat ramp. Concern
was also expressed re the Environmental Filtration Tank (installed by the City) at a cost of$160, 000. The
Weight of the trucks (approximately 70,000 pounds) could cause damage to the water beingfiltered
from the parking lot and the boats going back into the River.
Rick Mercadante, 3920 Shady Oaks Drive, cited specific costs re the project. The fuel involved in moving
76,000 cubic yards in 50 cubic yard parcels will take approximately 1,520 downriver barge tripsfully
loaded with another 1,520 barge trips back up that area empty, total 3,040 shallow navigation barge
trips. These barges will consume approximately 18 gallons of diesel fuel per hour, at approximately $3.50
a gallon (conservative cost estimate: $192,000). Each of the trucks weigh approximately 66,000 pounds
and will shorten the life cycle of the roads.
Cindy Helmkamp, 2224 Sunvista, Phone; 754-9868, Ocean Park resident, spoke on behalf of all parents
and children along the Shore Drive Corridor re safety and traffic issues, She stated that Public Works
advised the addition of 40 to 50 dump trucks to the already high traffic volume along the route but this is
not considered to be a large impact. Since 1977, eighty-nine people have been killed on Shore Drive re
vehicular related accidents. In 2005, there were seven (7) vehicular related deaths in the whole city and
five (5) of those were on Shore Drive,
Andy Broyles, 3604 E. Stratford Road, Phone: 621-2082, resident of Ocean Park whose residence is on
the "hauling" route. Mr. Broyles bought this property on the corner of Shore Drive and Stratford Street
in 1999 and remodeled it to serve as a nursing home. He built his house next door, This project went
from "may be" to "will be" usedfor private dredging.
Dan Creeden, 605 Heston Road, Phone; 496-3813, Retiree, resident of Cape Henry Shores lives on Long
Creek, and he is pleased with the City's services. However, he does not believe it a desirable place for a
permanent transfer site at this location.
Kirstie Cowan, 3612 East Stratford Road, Phone: (808) 277-4934, one of the residents directly affected,
moved recently from Hawaii and chose this area because it is special.
John Cowan, 3612 East Stratford Road, (808) 277-4934, spoke re the effects on military families.
Concerning the Base, there are already cars stacked up at the corner of Independence and Shore Drive,
even outside of the normal work hours.
February 5, 2008
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- 35 -
OPEN DIALOGUE
Non Agenda Items
Grace Moran, 2225 Roanoke Avenue, Phone; 318-9224. Commuters, as well as residents along Shore
Drive, are also concerned about this issue. This operation is not consistent with the commercial and
residential mix, Industrial does not fit into the area's existing recreational, commercial and residential
area,
Sandy Linkous, 5225 South Lake Road, Phone: 464-1947 spoke in SUPPORT of recognizing Plaxico
Burress, who delivered the wining Touchdownfor the New York Giants who won the Super Bowl XLII.
Mr. Burress brought this honor home for the State of Virginia, for the City of Virginia Beach and Green
Run High School.
John D. Moss, 4109 Richardson Road, Phone; 363-1191, Chairman - Virginia Beach Taxpayer Alliance,
Mr, Moss notified the Commonwealth's Attorney as well as the Mayor and Members of City Council that
a majority of the members of the Virginia Beach Development Authority, has not filed their financial
disclosure statements "on time" as required by law, and, therefore, are not members in good standing.
VBTA requests the City Council, in the formulation of the 2008-2009 Operating Budget, take the
necessary steps to generate the internal cashflow, without higher rates or fees, to permit the immediate
andfull implementation of the real estate Homestead Act, upon approval of the Constitution of the
Commonwealth of Virginia,
February 5, 2008