MAY 26, 2009
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR WILLIAM D. SESSOMS JR., At-Large
VICE MAYOR I.OurS R. JONES, Bayside - District.
GLENN R DAVIS, Rose Hall- District 3
WII-LIAM R DeS7JiPH, At-Large
HARRY E. DIE1.EL, Kempsville - Dlstrrct 2
ROB!;'/?T M. !Jl'ER, Centervllle - I),strrct!
BARBARA M. HhNL/:'Y. Prll1cess Anne IJwrrct 7
JOHN F UHRIN, Beach Distrrct (,
RON A VII-LANUFVA, AI-Large
ROS/:'MARY W1l50N, At-I,arge
JAMES L WOOD, I,ynnhawn -Dlstrrct 5
.c'
CITY COUNCIL APPOINTEES
CITY MANAGhR JAMES K. SPORE
CITY ATTORNEY MARK D. STILES
CITY ASSESSOR JERALD BANAGAN
CITY AUDITOR - LYNDON S. REMIAS
C17Y CLERK RUTH HODGES FRASER, MMC
CITY COUNCIL AGENDA
26 MAY 2009
I.
CITY MANAGER'S BRIEFINGS
- Conference Room -
A. HIGH SPEED RAIL
Robert Matthias, Assistant to the City Manager
B. INTERIM FINANCIAL STATEMENT
Patricia Phillips, Director - Finance
II. CITY COUNCIL COMMENTS
III. CITY COUNCIL AGENDA REVIEW
IV. INFORMAL SESSION
- Conference Room -
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
iii
II II
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH. VIRGINIA 23456-9005
PHONE.(757) 385-4303
FAX (757) 385-5669
E- MAlL: ctycncl@vbgov.com
3:00 PM
4:30 PM
.1 II
V. FORMAL SESSION AGENDA
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B.
INVOCATION:
Edward L. Moore, Pastor
Grace Covenant 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.
SPECIAL FORMAL SESSION
May 5,2009
2.
INFORMAL and FORMAL SESSIONS
May 12,2009
G. MAYOR'S PRESENTATION
1. RESOLUTION re SPECIAL OLYMPICS
H. PUBLIC HEARINGS
1. LEASE OF CITY-OWNED PROPERTY
a. Dolphin Run - 3rd Street and Atlantic Avenue
b. Theme Restaurants, Inc. (t/a II Giardino Ristorante) - 910 Atlantic Avenue
2. EXCESS CITY PROPERTY - Interfacility Traffic Area
Conveyance of easements - Indian River, Landstown and Salem Roads
I. AGENDA FOR FORMAL SESSION
J. CONSENT AGENDA
,I II
K. ORDINANCESIRESOLUTIONS
1. Ordinance to AMEND the City Code:
a. SS 5-602, 12.43.2 and 38-3 re the regulation and control of animals and birds
b. S 6-120-2 re the regulation of personal watercraft rentals
2. Resolution COMMENDING Robert S. Miller III, for his Twenty-Eight (28) Years of
V olunteer Service to the Special Olympics
3. Ordinance to DECLARE restrictive easements over thirteen (13) City-owned properties
in the Interfacility Traffic Area (IT A) to be EXCESS property and AUTHORIZE the
City Manager to convey these properties to the United States of America Department of
the Navy (USN) for $,4,050,000:
3592 Indian River Road
Landstown Road
2433 Salem Road
Salem Road, Parcel B
Salem Road, Parcel A
2561 Salem Road
Salem Road ( 6 parcels)
2437 Salem Road
4. Ordinance to GRANT Theme Restaurants, Inc., t/a II Giardino Ristorante two five (5)
year Franchise Agreements for open air cafes at the Resort Area.
5. Ordinance to AUTHORIZE the City Manager to execute a four (4) month lease for
vehicular parking with the Dolphin Run Condominium Association, Inc. at 3rd Street
and Atlantic A venue
6. Resolution of the CITY OF VIRGINIA BEACH re Spot Blight Abatement (City Code
~ 16-39) Determination at 620 Counselor Square.
DISTRICT 3 - ROSE HALL
RECOMMENDA nON
APPROV AL
7. Ordinance to AUTHORIZE the acquisition of blighted property by eminent domain at
620 Counselor Square for the purpose of rehabilitation to a qualified builder, developer or
other entity and APPROPRIATE $82,778 needed for acquisition.
8. Ordinance to AUTHORIZE temporary encroachments into a portion of City right-of-
way for JAMES M. ARNHOLD at 4332 Sandy Bay Drive to construct and maintain
three (3) parking areas and two (2) four (4") inch conduits.
DISTRICT 4 - BA YSIDE
9. Ordinance to APPROPRIATE $660,901 Federal Stimulus funds from the American
Recovery and Reinvestment Act (ARRA) under the Community Development Block
Grant to the Department of Housing and Neighborhood Preservation's FY 2008-09
operating budget re rehabilitation of eligible owner-occupied housing units.
10. Ordinance to APPROPRIATE $70,000 from the fund balance of the General Fund to
provide an interest-free loan to the Plaza Volunteer Rescue Squad for the purchase of
a replacement ambulance.
L. PLANNING - NO ACTION NECESSARY
1. Ordinance to AMEND Appendix C, Site Plan Ordinance, Section 5B, re floodplains and
the requirements of the National Flood Insurance Program.
2. Application of the CITY OF VIRGINIA BEACH for a Change of Zoning District
Classification from R-5D Residential Duplex to 1-1 Light Industrial at 212-228 Fair Lady
Road and 2305 Potters Road. (Deferred by the Planning Commission)
DISTRICT 6 - BEACH
M. PLANNING
1. Application of the CITY OF VIRGINIA BEACH for a street closure (unimproved) at
Terrell Avenue to incorporate the right-of-way into surrounding property owned by the
City.
DISTRICT 6 - BEACH
RECOMMENDA TION
APPROV AL
2. Application of the CAVALIER GOLF and YACHT CLUB for the closure of a portion
of Cardinal Road from the north side of Starling Court to its terminus.
DISTRICT 5 - L YNNHA VEN
RECOMMENDATION
APPROV AL
3. Application of ELLIS-GIBSON DEVELOPMENT GROUP I LAKE GEM II, LLC
for a Conditional Use Permit re a seasonal outdoor "green" market at 2181 Upton
Drive.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
APPROV AL
4. Application of NEW CINGULAR WIRELESS PCS, LLC (T/A AT&T) for a
Conditional Use Permit re a communication tower at 6009 Blackwater Road.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDA nON
INDEFINITE DEFERRAL
5. Application of CHESTER and VIVIAN TUCKER for a Conditional Use Permit to
convert their single family residence into a Country Inn at 1557 Sandbridge Road.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDA TION
APPROV AL
,I
6. Application of FLORDELIZA and DANIEL BA Y ANGOS, JR., DBA LIZA'S
RESIDENTIAL CARE for a Conditional Use Permit re senior residential care at 5084
Langston Court.
DISTRICT 2 - KEMPSVILLE
RECOMMENDA TION
APPROV AL
7. Application of PRINCESS ANNE CHURCH OF CHRIST for a Conditional Use
Permit re a church at 3016 Virginia Beach Boulevard.
DISTRICT 5 - L YNNHA VEN
RECOMMENDATION
APPROV AL
8. Application of the CITY OF VIRGINIA BEACH for a Change of Zoning District
Classification from R-5D Residential Duplex and A-12 Apartment to 1-1 Light Industrial
at London Bridge and Potters Road. (AICUZ)
DISTRICT 6 - BEACH
RECOMMENDATION
APPROV AL
9. Application of RICHMOND 20MHz, LLC, Modification of Conditions No.1 and 3
(approved by City Council on November 22,2005) re location and the number of antenna
arrays allowed on the tower at 1000 Great Neck Road.
DISTRICT 5 - L YNNHA VEN
RECOMMENDATION
APPROV AL
10. Ordinance to AUTHORIZE a new Official Zoning Map, which shall replace the
existing Map, due to a change in the computer mapping format used to store the data and
develop the printed copies. There are no changes between the current and proposed maps
in regard to the Zoning Districts or to their existing locations.
RECOMMENDATION
ADOPTION
N. APPOINTMENTS
BA YFRONT ADVISORY COMMITTEE
BIKEWAYS AND TRAILS ADVISORY COMMITTEE
CHESAPEAKE BAY ALCOHOL SAFETY PROGRAM
EASTERN VIRGINIA MEDICAL SCHOOL
HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC)
HUMAN RIGHTS COMMISSION
MINORITY BUSINESS COUNCIL
SOCIAL SERVICES BOA TRD
TIDEWATER COMMUNITY COLLEGE BOARD
TIDEWATER REGIONAL GROUP HOME COMMISSION
II, ;II
O. UNFINISHED BUSINESS
P. NEW BUSINESS
Q. ADJOURNMENT
*********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
* * * * * * * * * * *
Agenda OS/26/2009.gw
www.vbgov.com
- 1 -
II" III II
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May 26, 2009
Mayor William D. Sessoms, Jr., called to order the CITY MANAGER'S BRIEFING re HIGH SPEED
RAIL in the City Council Conference Room, Tuesday, May 26,2009, at 3:00 P.M
Council Members Present:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Absent:
Glenn R. Davis
[Entered: 3: lOP. MJ
May 26, 2009
Iii II
- 2 -
C I T Y MANA G E R 'S B R I E FIN G
HIGH SPEED RAIL
3:00 P.M.
ITEM # 58834
Robert Matthias, Assistant to the City Manager, advised the Souths ide Mayor's and Chairs organization
has become very interested in High Speed Rail. Mayor Sessoms, at the first meeting of the Mayor's and
Chairs, placed this as one of his priority issues. Mr. Matthias spoke with the Congressional Delegation
concerning this item.
Mayor Sessoms has requested a Resolution URGING the Commonwealth of Virginia and Congress to
make the advancement of high speed passenger rail service from Richmond to Southside Hampton Roads
a high priority.
What is President Obama's High Speed Rail Proposal?
@ President Obama has announced a vision to transform the Nation's transportation system. He
proposes rebuilding existing rail infrastructure while launching 100-600 mile high speed rail
corridors to connect major population hubs.
@ $8-BILLION "down payment" through American Recovery and Reinvestment Act (ARRA)
plus $1-BILLION/year for next 5 years
Proposed High Speed Corridors
VISI01'ifi~" HIGH-SPEED RAIL v"AMERICA
k.--
....~I..~.lllltl.
1\-
'\
High Speed Rail Facts
@ In the United States, high speed rail is defined as "traveling at least 125 mph". Elsewhere in
the world, it means faster speeds
Market Definition:
@ High-Speed Rail, sometimes called High-Speed Ground Transportation, is self-guided intercity
passenger ground transportation that is time-competitive with air and/or autos on a door-to-
door basis for trips in the approximate range of 100 to 500 miles. This is a market-based, not a
speed-based definition: it recognizes that the opportunities and requirements for High-Speed
Rail differ markedly among different pairs of cities.
May 26, 2009
- 3 -
C IT Y MANA G E R 'S B R IE FIN G
HIGH SPEED RAIL
ITEM # 58834 (Continued)
High Speed Rail Facts (Continued)
International Examples of High Speed Rail
Japan France Germany United China United States
Kingdom
Date of Initiation 1964 1981 1988 2003 207 1969/2000
System length 1,360 1,180 798 70 588 457
(route miles)
Top operating 188 199 186 186 186 125/150
speed (mph)
HRS Ridership 300 100 67 8 No data 11
(MILLIONS)
@ Only "high speed" rail in the United States is in the Northeast corridor
. Acela: Top speed limited by infrastructure to 135 mph (Average 86 mph)
@ High speed requires separate track and all grade separated crossings
@ "Higher" speed rail is what will likely be built on existing lines
May 26, 2009
" II
I I
- 4 -
C I T Y MANA G E R 'S B R IE FIN G
HIGH SPEED RAIL
ITEM # 58834 (Continued)
High Speed Rail Facts (Continued)
Benefits of High/Higher Speed Rail- Travel Costs
@ Taking Amtrak round trip between:
@
· Richmond, VA, and Washington, DC, is 39.56% cheaper compared to paying mileage
· Williamsburg, V A, and Washington, DC, is 51.88% cheaper compared to paying
mileage
· Newport News, VA, and Washington, DC, is 53.94% cheaper
· Washington, DC, and Richmond, VA, is 91.13% cheaper thanjlying
Source: Richmond-/Hamp/on Roads Passenger Rail Projec/-2009
Benefits of High/Higher Speed Rail- Environmental
@ Intercity passenger trains average 51 mpg per passenger mile compared to 40 mpg per
passenger mile for automobiles
@ Freight trains average 20.25 mpg compared to tractor-trailers that average 6.75 mpg
@ One railway track mile uses 0.42 football field(s) worth of land compared to one highway mile
that equals 1.10
@ One Virginia Railway Express commuter train can equal as many as 800 cars taken off the
highway
Benefits of High/Higher Speed Rail- Investment
@ Railways cost $2-to $6-MILLION per track mile compared to $11-MILLION or more per
highway mile
May 26, 2009
i II
I II
- 5 -
C IT Y MANA G E R 'S B R IE FIN G
HIGH SPEED RAIL
ITEM # 58834 (Continued)
Hampton Roads and Higher Speed Rail
@ Two alternatives under study
· CSX Corridor from Richmond to Newport News
· Norfolk-Southern Corridor from Richmond to Norfolk area
@
Chaste... l
(
'f.1CQIl>l!lal Halghts
Ettrick'" "'~ \.
~r"~
" ~ 4l!"
__ Pentnsula. CSX Ahvnme"t
-- Soulhstde. Norfolk Southern Altunmenl
Pe'ef"sbu"Q AUg-nment & Station Loc:.aHon
10 be du-Iermined in Future Study
o Proposed 8'a1l011 lOi::.ation
. Cities
Major Roads :tb.
WaleI' T
:) 10 201180,,,,,,
"
'\~ ~~;~;!,!!!~~fi~J!!~!!d
, . [;75
@3
Virginia
8each
fm
@
~H____
[ill
@ i
~......_____S__.__
Issues to be Addressed to make Norfolk Southern Freight Line Higher Speed Compatible
@ Environmental Issues
· 27 Flood plain crossings
· 584 Wetland acres (within 300ft of center line)
· 98 At grade crossings
· 34 Endangered species
@ Construction Issues
· Signaling system must be upgraded
· Freight train conflicts-very variable-longer trains
· Petersburg bottleneck
· Third track needed in many areas (allows passing)
· POE yard (outside of Petersburg) issues-very congested
Source: Richmond to South Hampton Roads High-Speed Rail Feasibility Study, Parsons 2002
May 26, 2009
II
- 6 -
C IT Y MANA G E R 'S B R IE FIN G
HIGH SPEED RAIL
ITEM # 58834 (Continued)
Current Draft Environmental Impact Statement (DEIS) Study Status
Project Schedule
Spring-Summer 2009
· Finalize detailed evaluation of the alternatives
· Complete the Draft Environmental Impact Statement (EIS)
Summer 2009
· Draft EIS available for public review
· Public Hearings and comment period
Fall 2009
· Final EIS prepared and submitted to the Federal Railroad Administration (FRA)
· FRA Record of Decision on the Final EIS
Projected Costs and Ridership
Route 460
957,800
1,017,700
Year 2000 Dollars
Does not include Richmond to Petersburg improvements
Source: Richmond to Southampton Roads High-Speed Rail Feasibility Study, Parsons 2002
Next Steps
1. Adopt Resolution supporting high(er) speed rail to South Hampton Roads
2. Closely monitor completion of on-going DEIS study by Virginia Department of Rail and Public
Transportation
3. Work with Congressional and General Assembly Delegations to move projectforward
4. Work with Governor's Office and others as necessary
Mr. Matthias referenced the $8-BILLION President Obama has set aside in the Federal Stimulus Bill,
and advised that because of where this proposal is in the "pecking order ", the area probably would not
be eligible for any of this funding. There are a certain number of projects which are "ready to go" and
the guidelines are coming out either June Seventeenth or June Twenty-fifth. Many jurisdictions have
plans ready.
Mayor Sessoms advised all of the Council's in Southside Hampton Roads will be voting on a Resolution
re high speed rail. The biggest fear in the organization is you can have high speed rail from Richmond to
Raleigh which does not involve Hampton Roads. The City needs to waive its flag strongly that if High
Speed Rail occurs, Southside Hampton Roads must be a part of that plan.
May 26, 2009
,i I
III
- 7 -
C IT Y MANA G E R 'S B R IE FIN G
INTERIM FINANCIAL STATEMENT
3:25 P.M.
ITEM # 58835
Patricia Phillips, Director of Finance, presented the Interim Financial Statements for the past ten (10)
months ending April 30, 2009. Ms, Phillips referenced the Ratings of the Bond Agencies:, Standard and
Poors -AAA; Moody's -Aa1 and Fitch: AA+. Draft reports have been receivedfrom Fitch and Moody's
re the diversified and economic base ongoing. Town Center is in its final stages and a proposed light rail
system would further expand the economic base and support development throughout the City. Private
investments in hotel renovations and construction along the Beachfront must continue. Per capita
personal income levels in Virginia Beach are on par with the Commonwealth and above the National
average.
Mrs. Phillips recognized Don Barnett - Comptroller, Miryam Woodson - Principal Accountant, Wendy
Hu - Accountant IV, and Loretta Brown - Executive Assistant. Mrs. Phillips expressed appreciation to
Richard N Dunford, Debt and Financial Services Administrator, who has been working on the Bonds.
The books will be closed officially August 15, 2009,
~ General Fund - Update
FY 2009 Revenues
FY 2009 Expenditures
Projections
~ Next Steps
FY2009 Year To Date General Fund Revenues
Compared to Historic Trend
April 30, 2009
100% 100.0%
80%
..
.,
" 60%
c
~
Ill:
]j
~ 40%
...
0
..
c
~
.,
ll. 20%
0%
Jul
Aug
Sep Oct Nov
.......Hlstorlc Trend
Dee Jan Feb Mar
-)(- Percent of FYOg Budget
Apr
I
May
Jun
~ Total Revenues are $619.5 million - 57.9%
~ Slightly below historical average (58.6%) ; behind compared to 2008 (58.5%)
~ Many items are on a 2-month lag
~ Personal Property tax due June 5
~ Interest rate environment
~ Economy
May 26, 2009
, II
- 8 -
C IT Y MANA G E R 'S B R IE FIN G
INTERIM FINANCIAL STATEMENT
ITEM # 58835 (Continued)
(IN MILLIONS)
Budget Actual Variance % of Budget
FY 2007 $ 963.6 $ 970.2 $ 6.6 0.7%
FY 2008 $ 1,026.4 $ 1,018.4 $ (0.8) (0.8%)
The trend line continues to do well and real estate revenues will be over budget.
$100
no
$80
$70
~
~
:e $60
..
w
G
~ $60
~
~
~ $40
$30
no
$10
$0
Real Estate Revenues
April 30" 2005 - 2009
$600
100%
FAVORABLE TREND
90%
BUDGET
$500 ---------------------------------------------------------------------------'$m:s--------------------------- 80%
$439.0
$0
0%
70%
$400
54.2%
60%
50%
40%
$200 on
30%
20%
10%
FY 2005
FY 2006
FY 2007
FY 2008
FY 2009
~nnual Collections _no -<>-% of Total]
Personal Property Taxes - Local
(nelude, I'I'TRA)
April 30,2005 - 2009
100%
UNFAVORABLE TREND
BUDGET
_________________________________________________________________________________________________________________Ull.;!.______________
$71.6
76%
60%
26%
0%
FY 2006
FY 2006
FY 2007
FY 2008
FY 2009
L ~Annual ~~;;;;tiOn$ _~ -<>':::-:-k ~~ Total ]
~- .,.__.__._---~-_.,..--- -~
May 26, 2009
,I II
1111
- 9 -
C IT Y MANA G E R 'S B R IE FIN G
INTERIM FINANCIAL STATEMENT
ITEM # 58835 (Continued)
The Commissioner of the Revenue has mailed the Personal Property Taxes notices. This was budgeted at
$ 78. 3-MILLION and is expected to be $11-$12-MILLION under budget.
The PPTRA chart is presentedfor information. The Personal Property Tax Relief Act (State portion) is
no longer tied to the collection at the local level.
Budget for FY 2009
$53.4-MILLION
Projected Schedule for FY 2009
1'1 Payment, November 15, 2008 $ 6.5-MILLION
2nd Payment, July 31, 2009 $42.5-MILLION
3rd Payment, August 15, 2009 $ 4.4-MILLION
Risk
PERSONAL PROPERTY TAX RELIEF ACT (PPTRA) - STATE
General Sales Taxes
April 30, 2005 - 2009
$100
100%
$90 ------------------------------------------------------_____m_____________m______________________ 90%
UNFAVORABLE TREND
$80 ------75:O"!O--------------74:7%""-------------70"'"------70:wr.-------------------- 80%
~ ~ ~ ~
$70 ________________________________________________m_____-----------""'0-711:0%- 70%
BUDGET
$60 ---------------------------------------------------------------------------------------------------------------_.-.- 60%
$50 -
50%
$40 ---
40%
$30
$20
$10
10%
$0
0%
FY 2005
FY 2006
FY 2007
FY 2008
FY 2009
~Annual Collections _VTD -Q-% of ~
The General Sales Tax is approximately 3.9% down from the prior year.
May 26, 2009
II II
1111
- 10-
C IT Y MANA G E R 'S B R IE FIN G
INTERIM FINANCIAL STATEMENT
ITEM # 58835 (Continued)
Utility Taxes include Telecommunications Taxes. Mrs. Phillips advised this is an unfavorable trend and
believed to be under budget by $1.6-MILLION.
Utility Taxes
A nril 30. 2005 - 2009
$60 ~."~-~'---~ ,~~~---_.~,.~"--,-"-~-~-~-,._~---~~-----_.~.._,----_.~ 100%
UNFAVORABLE TREND
BUDGET 90%
$49.1 $49.4 $49.0
$50
80'10
70%
$40
60%
$30 50%
40%
$20
30%
20%
$10
10%
$0 0%
FY 2005 FY 2006 FY 2007 FY 2008 FY 2009
l ~~~~~~~~~tions _VTO ~% of TotalJ
Business Licenses (BPOL)
April 30, 2005 - 2009
$50
$45
$40
$35
$25
$20
$15
$10
$5
$0
FY 2005 FY 2006
FY 2007 FY 2008
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
FY 2009
I Eml'iDAnnual Collections _YTD -0-% of Total I
Business License BPOL renewals in March: The Actual collections down 2.7% compared to FY08
The Commissioner of Revenue projects $2M to $2. 5M under budget due to economics.
May 26, 2009
" II
- 11 -
C IT Y MANA G E R 'S B R IE FIN G
INTERIM FINANCIAL STATEMENT
ITEM # 58835 (Continued)
Hotel Taxes are down 3%. However, last year these taxes experienced a record high.
Hotel Room Taxes
Auril30.. 2005 - 2009
$35 ---
---.-------.---- 1000/0
1111
900;.
80%
70%
60%
50%
40%
30%
20%
10%
0%
Restaurant Meal Taxes are experiencing an acceptable trend and revenues are expected close to Budget.
UNFA VORABLE TREND
$30
$25
c:
~
i
... $20
~
~
~
c:
~
~
a:
85.0% 85.0% 85.0% 85.9%
-----'(; ~ ---- --co' ')-'-"- -------m=::;Tf1l"r.---
BUDGET
$24.1
______________________m__________m_____________________---------------------------l73".'6'"----------m---------------------
$22.6
$21.0
$5
$0
FY 2005
FY 2006
FY 2007
FY 2008
FY 2009
c::::JAnnual Collections _VTD -0-% o~ Tot~~
Restaurant Meal Taxes
April 30, 2005 - 2009
$80
ACCEPTABLE TREND
90%
$70 ------------lI2.+~-------m-------er.e%_----------------Il:J:'O.".---------------'ll3:U"r,----------------82'.-i.ii,-----
<:; ~ ~ ;> <;
$60 _______________________________________________m_________________________________________________
BUDGET
$50
$40
$30
$20
$10
$0
FY 2005
FY 2006
FY 2007
FY 2008
FY 2009
I Ullll:IAnnual Colloc1lon. _YTD ...0;)-% of Total]
100%
80%
70%
60%
40%
30%
20%
10%
0%
May 26. 2009
, II
III
- 12 -
C IT Y MANA G E R 'S B R IE FIN G
INTERIM FINANCIAL STATEMENT
ITEM # 58835 (Continued)
Permits and Licenses have continued to stay down and are experiencing an unfavorable trend. Building
Permits have increased approximately 23 to 28%. according to the various types.
Permits and Licenses
April 30, 2005 - 2009
$7
100%
BUDGET
$6 ---------...1.3!lO-----..-$5.8..-"1!ct._------------------------------..-----~--------~~:-~--------..
4 77.9%
UNFA VORABLE TREND
90%
80%
70%
60%
50%
40%
30%
20%
10%
$0
0%
FY 2005
FY 2006
FY 2007
FY 2008
FY 2009
I ~Annual Collection. _VTD -0-% of TotalJ
City Tax on Deeds is also experiencing an unfavorable trend.
City Tax on Deeds
April 30, 2005 - 2009
$14
FY 2005
FY 2006
FY 2007
FY 2008
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
FY 2009
UNFA VORABLE TREND
$12.3
$12
$10
$0
I c::::JAnnualCollectlonl _VTD -o-%OfTotall
May 26, 2009
III
- 13 -
C I T Y MANA G E R 'S B R I E FIN G
INTERIM FINANCIAL STATEMENT
ITEM # 58835 (Continued)
Summary of General Fund Revenues
April 30, 2009
(In Millions)
Local Revenues
Real Estate Taxes $479.2 259.9 54.2% 52.9% F $8.2
Personal Property Taxes 78.3 17.0 21.6% 23.6% U (12.0)
,Personal Property - PPTRA 53.4 6.5 12.2% 12.2% A 00
jGeneral Sales Taxes 56.0 39.2 70.0% 75.4% U 0.6)
JUtility Taxes 49.0 33.3 67.9% 72.1% U (1.6)
!Restaurant Meal Taxes 48.7 40.0 l'Q,2% 83.0% A 0.0
I Business Licenses 43.2 39.0 90.3% 95.9% U (3.1)
Hotel Room Taxes 24.1 19.7 81.8% 85.9% U (1.3)
\Cigarette Taxes 13.2 9.6 72,X% 78.4% U (0.3)
; Automobile Licenses 9.0 6.5 72.Y% 744% U (0.5)
City Tax on Deeds H.O 4.5 56.0% 73.2% U (19)
Interest Income 7.0 4.6 65.6% H7.3% U (0.8)
Public Service (RE and PP) 6.1 3.6 5~(()% 52.7% F 1.1
Amusement Taxes 5.6 46 H13% 7H.9% F 0.0
Rental Income 4.5 3.H H3.X% 76.7% F (05)
'Permits and Licenses 5.H 3.4 58.5% 81.6% U (1.7)
iRed Light Violations 1.6 U (1.5)
IVirginia Aquarium 7.2 4.1 57.1% 70.9% U (1.4)
;PoJice False Alarms 1.1 0.1 9.0% 69.3% U (0.4)
iOther Local Revenues 43.2 25.1 58.1% 54.5% F (2.2)
iState Revenues 102.9 78.2 76.1% 71.5% F 0.4
IFederal Revenues "1 fl ~ 71.0% 75.4% --1!..- (2.0) I
L__~~_~... $1 0707 ~ 57.9% 58.5% ~ 1$2'; ()) I
='_~'^"'^.=-~'","""~='''n'''''~_U'',^_',^~^, """,^_h,~~'^~'__ ""~,^h~""'.'__""~_''',^_'w"'',_",,,.~~~~~.~_._.,,.~. ,,,_..1
>I< Reflects reductions in Recordation Fees and State Aid Law Enforcement funding.
Excludes School Revenues
15
FY2009 Year To Date General Fund Expenditures
Compared to Historic Trend
April 30, 2009
100,0%
100%
21
i3 80%
'6
c:
i!i
.lj
~ 60%
~
'0
1:
~
& 40%
20%
0%
Jul
Aug
Sep
Oct
Nov
Dee
Jan
Feb
Mar
Apr
May
Jun
....... Historic Trend
-:l(-Percent of FY09 Budget
May 26, 2009
III
- 14 -
C I T Y MANA G E R 'S B R IE FIN G
INTERIM FINANCIAL STATEMENT
ITEM # 58835 (Continued)
General Fund FY 2009 Expenditures
~ Total at April 30, 2009: $925.5M, or 81.2%
~ Historical Trend 84.1%
~ Projected Expenditures at June 30. 2009 = $1,107 M
~ Budgeted Expenditures = $1, 139M
~ Historical Comparison ~ Budget to Actual
S' (1 MILLIONS)
avmgs n
Total % of Total % of City
Bud~et City Bud~et Schools
2007 (Actual) $ 41.7 4.1% $ 25.9 3.8% $ 15.8
2008 (Actual) $ 60.3 5.6% $ 25.0 3.5% $ 35.3
Recap General Fund
Projections for June 30, 2009
At April 30, 2009
(in millions)
Revenues
$1,071
.$J.....U2
$1,046
$1.107
<$25>
Expenditures (including SPSA)
$32
Planned Reduction in Fund <$68>
Balance
Projected Fund Balance (after reservations)
FY2010 Revised Revenue Budget
<$61> ~
$90.1- $91.2
8.62% - 8.73%
Policy
8-12%
Reservations of Fund Balance
General Fund
(in millions)
2010 Capital Program (adopted)
2010 Operating Budget (adopted)
$33.9
4.8
Loans (actual)
11.3
Encumbrances (estimated)
Carryforwards and Other Reservations (estimated)
Total
5.0
-6.JL
$61.0
May 26, 2009
" II
II II
- 15 -
C IT Y MANA G E R 'S B R IE FIN G
INTERIM FINANCIAL STA TEMENT
ITEM # 58835 (Continued)
Mrs. Phillips advised Purchase Orders were "cut off" May 15, 2009, rather than the early part of June,
with the idea of trying to reduce the amount of encumbrances that are carried over. When a Purchase
Order is issued, the funds are encumbered in accounts, so that it is reserved and cannot be expended on
something else. It is part of the Department's responsibility to manage their budget so it does not impact
the subsequent year.
Undesignated General Fund Balance
150
16.0%
200
12.0%
o
III
Q)
::I
8.0% ~
~
lL
Cl
4.0% *
Cl
'C
::I
lD
'0
~
00% .
..
c
o
=100
~
f!
~
;3 50
2001 2002 2003 2004 2005 2006 2007 2008 ProJ
2009
- Undesignated GF Balance
-%ofBudgeted GF Revenue
Next Steps
~ Continue to Monitor Revenues in FY 2009
o Business Licenses - Continuous Monitoring of Future Cash Receipts
Personal Property - May-June
Real Estate - June
~ Report Again Next Month
May 26, 2009
1111
- 16 -
CITY COUNCIL COMMENTS
ITEM # 58836
3:37 P.M.
Council Lady Wilson advised she and Mayor Sessoms were fortunate a couple of weekends ago to visit
with the Scroll and Roll group, who presented an A ward of Recognition to the City of Virginia Beach:
2009
AWARD OF RECOGNITION
PRESENTED TO
CITY OF VIRGINIA BEACH
A LOCAL CHAMPION
FOR THE EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES
YOUNGLIFE CAPERNAUM OF HAMPTON ROADS
ITEM # 58837
Councilman Dyer referenced Councilman Villanueva's suggestion to move the City Council Retreat from
August 3-4 to June or July. Councilman Dyer concurred as it is essential to have all Members in
attendance.
Councilman DeSteph advised he had planned his vacation to Europe in August and would not be here
August 3-4.
The Retreat dates will be consideredfor rescheduling.
ITEM # 58838
Council Lady Henley noticed the Buffington House entrance had a sign that said Mill Dam Park not
West Neck Park.
The City Manager advised this is a sample of their new Park signage that the City is considering. The
name has not been changed. This is just a prototype for comparison to the old sign
ITEM # 58839
Mayor Sessoms expressed appreciation to the Mayor's Veterans Committee and City staff re the
inspiring Memorial Day Ceremony, May 25, 2009.
May 26, 2009
1II1
- 17 -
CITY COUNCIL COMMENTS
ITEM # 58840
Council Lady Henley referenced a memorandum re the Uranium Mining Study. Tom Leahy, Director of
Public Utilities, has made a tremendous accomplishment and is "staying on top" of this situation.
However, from the article in the newspaper, she did not know if the City Council was successful re having
concerns heard.
The City Manager advised Mr. Leahy is preparing a memorandum re the newspaper article and will
distribute same in City Council's Friday package.
May 26, 2009
" II
1II1
- 18 -
AGE N DA REV IE W S E S S ION
3:43 P.M.
ITEM # 58841
K.1.b. Ordinance to AMEND the City Code 9 6-120-2 re the regulation of personal
watercraft rentals
Councilman DeSteph suggested referring this Ordinance to the Beaches and Waterways Commission for
their review.
Vice Mayor Jones suggested this Ordinance be ADOPTED and then referred to Beaches and Waterways,
for their evaluation. This Ordinance can be amended.
ITEM # 58842
K. 3. Ordinance to DECLARE restrictive easements over thirteen (13) City-owned
properties in the Interfacility Traffic Area (ITA) to be EXCESS property and
A UTHORIZE the City Manager to convey these properties to the United
States of America Department of the Navy (USN) for $4,050,000:
3592 Indian River Road
Landstown Road
2433 Salem Road
Salem Road, Parcel B
Salem Road, Parcel A
2561 Salem Road
Salem Road (6 parcels)
2437 Salem Road
Council Lady Henley referenced Item K.3. re the Interfacility Traffic Area and expressed concern as
live stock production is prohibited at one of the ITA levels. The Wildlife Rehabilitators are interested in
using one of these parcels.
Deputy City Attorney Rebecca Kubin advised the Navy has reviewed the proposal and is agreeable with
the concept. The City would not go forward with the Ordinance without having the signed
documentation from the Navy confirming their agreement.
ITEM # 58843
Councilman Wood distributed a proposed ADD-ON Resolution:
Resolution DIRECTING the Department of Planning to produce a
Policy in regard to the use of "Chinese Drywall" in construction
projects in Virginia Beach
ITEM # 58844
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
K. ORDINANCES/RESOLUTIONS
1. Ordinance to AMEND the City Code:
a. H 5-602, 12.43.2 and 38-3 re the regulation and control of animals and
birds
b. 9 6-120-2 re the regulation of personal watercraft rentals
May 26, 2009
II I'
- 19 -
AGE N DA REV IE W S E S S ION
ITEM # 58844 (Continued)
2. Resolution COMMENDING Robert S. Miller II/, for his Twenty-Eight (28)
Years of Volunteer Service with the Special Olympics
3, Ordinance to DECLARE restrictive easements over thirteen (13) City-owned
properties in the Interfacility Traffic Area (ITA) to be EXCESS property and
A UTHORIZE the City Manager to convey these properties to the United States
of America, Department of the Navy (USN) for $4,050,000:
3592 Indian River Road
Landstown Road
2433 Salem Road
Salem Road, Parcel B
Salem Road, Parcel A
2561 Salem Road
Salem Road (6 parcels)
2437 Salem Road
4. Ordinance to GRANT Theme Restaurants, Inc., t/a II Giardino Ristorante two
five (5) year Franchise Agreements for open air cafes at the Resort Area.
5. Ordinance to AUTHORIZE the City Manager to execute afour (4) month lease
for vehicular parking with the Dolphin Run Condominium Association, Inc. at
3rd Street and Atlantic Avenue
6. Resolution of the CITY OF VIRGINIA BEACH re Soot Blight Abatement (City
Code 916-39) Determination at 620 Counselor Square.
DISTRICT 3 - ROSE HALL
7. Ordinance to A UTHORIZE the acquisition of blighted property by eminent
domain at 620 Counselor Square for the purpose of rehabilitation to a qualified
builder, developer or other entity and APPROPRIATE $82, 778 neededfor
acquisition.
8. Ordinance to AUTHORIZE temporary encroachments into a portion of City
right-ofway for JAMES M. ARNHOLD at 4332 Sandy Bay Drive to construct
and maintain three (3) parking areas and two (2) four (4 ") inch conduits.
DISTRICT 4- BA YSIDE
9. Ordinance to APPROPRIATE $660,901 Federal Stimulus funds from the
American Recovery and Reinvestment Act (ARRA) under the Community
Development Block Grant to the Department of Housing and Neighborhood
Preservation's FY 2008-09 operating budget re rehabilitation of eligible owner-
occupied housing units.
10. Ordinance to APPROPRIA TE $ 70, 000 from the fund balance of the General
Fund to provide an interest-free loan to the Plaza Volunteer Rescue Squadfor
the purchase of a replacement ambulance.
Resolution DIRECTING the Department of Planning to produce
Policy in regard to the use of "Chinese Drywall" in construction
projects in Virginia Beach (ADD-ON)
May 26, 2009
!I
II II
- 20 -
AGE N VA REV IE W S E S S ION
ITEM # 58844 (Continued)
Councilman DeSteph will vote a VERBAL NA Y on Item K. 1 b (personal watercraft rentals).
Councilman Wood DISCLOSED in accordance with the Virginia State and Local Government Conflict
of Interests Act re Item K 10. Ordinance to APPROPRIATE $70,000 from the fund balance of the
General Fund to provide an interest-free loan to the Plaza Volunteer Rescue Squadfor the purchase of a
replacement ambulance. Councilman Wood's wife is a member of the Plaza Volunteer Rescue Square
and currently serves as Administrative Second Lieutenant/Treasurer. She participated in the preparation
of the rescue squad's successful application for a State Rescue Squad Assistance Fund Grant. She is a
volunteer and receives no compensation. Councilman Wood wishes to voluntarily disclose the facts. The
City Attorney's Office has advised him that the Conflict of Interests Act provides that I may vote on, and
participate in discussions of this ordinance without restriction. Councilman Wood's correspondence of
May 26, 2009, is hereby made a part of the record.
May 26, 2009
II II
- 21 -
AGE N DA REV IE W S E S S ION
ITEM # 58845
NO ACTION BY CONSENSUS
L. PLANNING - NO ACTION NECESSARY
1. Ordinance to AMEND Appendix C, Site Plan Ordinance. Section 5B. re
floodplains and the requirements of the National Flood Insurance Program.
(Expedited and Adopted 4/28/09 Item #58765)
2. Application of the CITY OF VIRGINIA BEACHfor a Change of Zoning
District Classification from R-5D Residential Duplex to I-I Light Industrial at
212-228 Fair Lady Road and 2305 Potters Road. (Deferred by the Planning
Commission)
DISTRICT 6 - BEACH
ITEM # 58846
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA:
M PLANNING
1. Application of the CITY OF VIRGINIA BEACH for a street closure at Terrell
Avenue (unimproved) to incorporate the right-of-way into surrounding property
owned by the City.
DISTRICT 6 - BEACH
2. Application of the CA V ALlER GOLF and YACHT CL UB for the closure of a
portion of Cardinal Road from the north side of Starling Court to its terminus.
DISTRICT 5 -LYNNHAVEN
3. Application of ELLIS-GIBSON DEVELOPMENT GROUP / LAKE GEM II,
LLC for a Conditional Use Permit re a seasonal outdoor "green" market at
2181 Upton Drive.
DISTRICT 7 - PRINCESS ANNE
4. Application of NEW CINGULAR WIRELESS PCS, LLC (T/A AT&T) for a
Conditional Use Permit re a communication tower at 6009 Blackwater Road.
DISTRICT 7 - PRINCESS ANNE
5. Application of CHESTER and VIVIAN TUCKER for a Conditional Use Permit
to convert their single family residence into a Country Inn at 1557 Sandbridge
Road.
DISTRICT 7 - PRINCESS ANNE
May 26. 2009
II II
- 22 -
AGE N DA REV I E W S E S S ION
ITEM # 58846 (Continued)
6. Application of FLORDELIZA and DANIEL BAYANGOS, JR., DBA LIZA'S
RESIDENTIAL CARE for a Conditional Use Permit re senior residential care
at 5084 Langston Court.
DISTRICT 2 - KEMPSVILLE
7. Application of PRINCESS ANNE CHURCH OF CHRIST for a Conditional
Use Permit re a church at 3016 Virginia Beach Boulevard.
DISTRICT 5 - LYNNHA VEN
8. Application of the CITY OF VIRGINIA BEACH for a Change of Zoning
District Classification from R-5D Residential Duplex and A-12 Apartment to I-I
Light Industrial at London Bridge and Potters Road. (AICUZ)
DISTRICT 6 - BEACH
9. Application of RICHMOND 20MHz, LLC, Modification of Conditions No. 1 and
3 (approved by City Council on November 22, 2005) re location and the number
of antenna arrays allowed on the tower at 1000 Great Neck Road.
DISTRICT 5 - LYNNHA VEN
10. Ordinance to A UTHORIZE a new Official Zoning Map, which shall replace the
existing Map, due to a change in the computer mapping format used to store the
data and develop the printed copies. There are no changes between the current
and proposed maps in regard to the Zoning Districts or to their existing
locations.
Item M4.( New Cingular Wireless PCS, LLC (T/A AT & T) will be DEFERRED INDEFINITELY, BY
CONSENT.
Mayor Sessoms DISCLOSED and will ABSTAIN pursuant to Section 2,2-3115(E), Code of Virginia re
Item M3. (Ellis-Gibson Development Group/Lake Gem JJ, LLC). Mayor Sessoms will ABSTAIN from
voting on this transaction because he is an Officer of TowneBank, which is located at 297 Constitution
Drive, and the applicant may obtain financing from TowneBank. Mayor Sessoms' correspondence of
May 26, 2009, is hereby made a part of the record.
May 26, 2009
1,1 II
- 23 -
ITEM # 58847
Mayor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.2-3711 (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)(1)
Council Appointments: Boards, Commissions, Committees,
Authorities, Agencies and 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: Norfolk Southern Right-of Way
Lynnhaven District
Princess Anne District
Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council voted to proceed
into CLOSED SESSION at 4:04 P.M.
Voting: 11- 0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
(Closed Session: 4:10 P.M. - 5:08 P.M.)
(Dinner:
4:05 P.M. - 4:10 P.M.)
5:08 P.M. - 5:50 P.M.)
(Break:
May 26, 2009
1II1
I
- 24-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
May 26, 2009
6:00 P.M.
Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 26,2009, at 6:00 P.M
Council Members Present:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert
M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor
William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
INVOCATION: Pastor Edward L. Moore
Grace Covenant Presbyterian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297
Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's
transactions. However, due to the size of TowneBank and the volume of transactions it handles,
TowneBank has an interest in numerous matters in which he is not personally involved and of which he
does not have personal knowledge. In that regard, he is always concerned about the appearance of
impropriety that might arise if he unknowingly participates in a matter before City Council in which
TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne
Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and
spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is his practice to
thoroughly review each City Council agenda to identify any matters in which he might have an actual or
potential conflict. If, during his review of an agenda, he identifies a matter in which he has a "personal
interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter
with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of
March 24, 2009, is hereby made a part of the record.
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. 1n 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.
May 26, 2009
1II1
- 25 -
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.
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.
May 26, 2009
II II
- 26 -
Item V-E.
CERTIFICA TION
ITEM # 58848
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard. discussed or considered
by Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D, Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 26, 2009
II 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 #58847, Page 23, 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.
NOfY, 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.
~~
th Hodges Fraser, MMC
City Clerk
May 26, 2009
1,1 II
- 27 -
Item V-F.1.
ITEM # 58849
Upon motion by Councilman Dyer, , seconded by Council Lady Wilson, City Council APPROVED the
MINUTES of the SPECIAL FORMAL SESSION of May 5, 2009, and FORMAL SESSION of May
12, 2009.
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 26, 2009
1,1 II
- 28 -
Item V-G.
MAYOR'S PRESENTATION
ITEM # 58850
Mayor Sessoms PRESENTED a Resolution COMMENDING
Robert S. Miller III,
Special Olympics
This Resolution recognized Robert S. Miller, 111 for his twenty-eight (28) years of Volunteer Service to
the Special Olympics. Special Olympics is a year-round international program of sports training and
athletic competition for children and adults with intellectual disabilities with a goal of helping to bring
persons with such disabilities into the larger society under conditions whereby they are accepted,
respected and given the chance to become useful and productive citizens.
Mr. Miller's efforts on behalf of the disabled also include his support of the BIZNET Residential Village
for adults with disabilities, his work with People First and Aktion Club of Virginia Beach. a Kiwanis
program for adults with disabilities.
Mr. Miller expressed appreciation to the Mayor and City Council. Nancy Creech. President - Neptune
Festival, King Neptune and a host of supporters were in attendance. Mr, Miller recognized his coaches,
athletes and their parents in attendance.
Mr. Miller advised in twenty-eight (28) years, he has never had an athletic or parent come to him and
ask: "Why did this happen to me?"
May 26, 2009
1II1
- 29 -
Item V-G. 2.
MAYOR'S RECOGNITION
ITEM # 58851
Mayor Sessoms RECOGNIZED Diana Watson's Princess Anne High School Government Class in
attendance for the City Council Session of May 26, 2009:
Pratyush Agarwal
Joseph Newton
Krystopher Barnard
Kevin Mitchell
Brandon Carter
John Delos Reyes
Jamie Dailey
Brooke Neubauer
Allison Peters
Sandy Williams
Kerry Hughes
Eden Undeman
Kaitlin Kelly
Kelly Bryant
Rachel Tucker
Brooke Howerin
Paula Wiley
Brittany Kolodziejczyk
Jeremiah Cahill
Miranda Bellamy
Kelsey Ryan
Victoria Goodman
Rachel Stein
Alex Lichtenstein
Cacian Forres
Tianran Song
Taylor Spooner
Elizabeth Connor
Meghan Pryear
Joseph Malfitano
Councilman DeSteph sponsored the students.
May 26, 2009
- 30 -
Item V-H.1.a.b.
PUBLIC HEARING
ITEM # 58852
Mayor Sessoms DECLARED A PUBLIC HEARING:
FY 2009-2010 RESOURCE MANAGEMENT PLAN
a. Dolphin Run - 3rd Street and Atlantic Avenue
b. Theme Restaurants, Inc. (t/a II Giardino Ristorante)
- 910 Atlantic Avenue
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
1II1
May 26, 2009
II
II II
- 31 -
Item V-H.2.
PUBLIC HEARING
ITEM # 58853
Mayor Sessoms DECLARED A PUBLIC HEARING:
2. EXCESS CITY PROPERTY - Interfacility Traffic Area
Conveyance of easements - Indian River, Landstown and Salem Roads
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
May 26, 2009
II II
- 32 -
Item V-I.l.
ADD-ON
ITEM # 58854
Upon motion by Vice Mayor Jones, seconded by Councilman Wood. City Council ADDED to the
Consent Agenda as Item 11.
Resolution DIRECTING the Department of Planning to produce a
Policy in regard to the use of "Chinese Drywall" in construction
projects in Virginia Beach.
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis. William R. "Bill" DeSteph, Harry E. Diezel. Robert M Dyer.
Barbara M Henley. Vice Mayor Louis R. Jones. Mayor William D. Sessoms,
Jr.. John E. Uhrin, Ron A. Villanueva. Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 26. 2009
- 33 -
Item V-L2.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 58855
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
ADDED:
Resolution DIRECTING the Department of Planning to
produce a Policy in regard to the use of "Chinese Drywall" in
construction projects in Virginia Beach.
II II
May 26, 2009
1,1 I
- 34 -
Item V-K.
ORDINANCES/RESOLUTIONS
ITEM # 58856
Upon motion by Vice Mayor Jones, seconded by Councilman DeSteph, City Council APPROVED in
ONE MOTION Items IaI, 2, 3, 4, 5, 6,7,8,9,10 and 11 (ADD-ON) of the CONSENT AGENDA.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
Councilman Wood DISCLOSED in accordance with the Virginia State and Local Government Conflict
of Interests Act re Item K 10. Ordinance to APPROPRIATE $70,000 from the fund balance of the
General Fund to provide an interest-free loan to the Plaza Volunteer Rescue Squad for the purchase of a
replacement ambulance. Councilman Wood's wife is a member of the Plaza Volunteer Rescue Square
and currently serves as Administrative Second Lieutenant/Treasurer. She participated in the preparation
of the rescue squad's successful application for a State Rescue Squad Assistance Fund Grant. She is a
volunteer and receives no compensation. Councilman Wood wished to voluntarily disclose the facts, The
City Attorney's Office has advised him that the Conflict of Interests Act provides that he may vote on, and
participate in discussions of this ordinance without restriction. Councilman Wood's correspondence of
May 26, 2009, is hereby made a part of the record.
May 26, 2009
II I
- 35 -
Item V-K.l.a.
ORDINANCES/RESOLUTIONS
ITEM # 58857
Upon motion by Vice Mayor Jones, seconded by Councilman DeSteph, City Council ADOPTED:
Ordinance to AMEND the City Code 995-602, 12.43,2 and 38-3 re the
regulation and control of animals and birds
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 26, 2009
III
1 AN ORDINANCE TO AMEND SECTIONS 5-
2 602, 12-43.2 AND 38-3 OF THE CITY CODE
3 PERTAINING TO REGULATION AND
4 CONTROL OF ANIMALS AND BIRDS
5
6 SECTIONS AMENDED: ~~5-602f 12-43.2 and 38.3
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
11 That Sections 5-602, 12-43.2 and 38.3 of the Code of the City of Virginia Beach,
12 Virginia, are hereby amended and reordained to read as follows:
13
14 Sec. 5-602. Killing or injuring birds, etc.
15
16 f9l It shall be unlawful for any person to kill or injure any bird or to destroy the
17 nests or eggs of any bird, except starlings, in the bird sanctuary established by section
18 5-600; provided that such restrictions shall not prevent the lawful hunting of game birds
19 under authority of a permit issued pursuant to the provisions of section 38-3 of this
20 Code.
21
22 i.Q2 The provisions of this section shall not be applicable to any federal, state
23 or local qovernment animal or fowl manaqement aqency aqents actinq within the scope
24 of their lawful duties and as permitted under the provisions of the Federal Miqratory Bird
25 Treaty Act.
26
27 Sec. 12-43.2. Fireworks and pyrotechnic displays unlawful; exceptions.
28
29 (a) Except as otherwise provided in this section it shall be unlawful for any
30 person to transport, manufacture, assemble, store, sell, offer or display for sale, or to
31 buy, use, possess, ignite or explode any firecracker, torpedo, sky rocket, sparkler, or
32 other substance or device that contains any explosive or flammable compound or
33 substance, and is intended or commonly known as fireworks, and which explodes, rises
34 into the air or travels laterally, fires projectiles or discharges sparks into the air.
35
36 (b) The provision of this section shall not be applicable to ffiany organization
37 or group of individuals which has been granted a permit by the fire official for the public
38 or private display of fireworks or pyrotechnics, provided that such fireworks are stored,
39 handled, transported and used in compliance with the terms and conditions of such
40 permit; or (2) any federal, state or local qovernment animal or fowl manaqement aqency
41 aqents actinq within the scope of their lawful duties. Such aqents shall provide the Fire
42 Marshall's Office with at least 24 hours notice of intent to possibly employ pyrotechnic
43 tactics.
44
III
45 (c) The fire marshal or any law enforcement officer shall be authorized to
46 seize, take, remove or cause to be removed, at the expense of the owner, all fireworks
47 offered or exposed for display or sale, stored or held in violation of this section.
48
49 (d) Violation of any provision of this section shall constitute a Class 1
50 misdemeanor.
51
52 Sec. 38-3. Discharge of firearms, air guns, etc.
53
54 (a) It shall be unlawful for any person to discharge any firearm, spring-
55 propelled rifle or pistol or air-propelled rifle or pistol, from or across any land or water
56 north or west of the trace of the line beginning at the intersection of North Landing Road
57 and the Chesapeake-Virginia Beach city boundary line; thence northwardly along North
58 Landing Road to Indian River Road; thence eastwardly along Indian River Road to New
59 Bridge Road; thence northeastwardly along New Bridge Road to Sandbridge Road,
60 thence eastwardly along Sand bridge Road to its intersection with the Atlantic Ocean, or
61 across any land north of False Cape State Park and east of Shipps Bay and Point
62 Creek. This prohibition shall not apply to shotguns discharging pellets under the
63 following conditions:
64
65 (1) On land that is fifty (50) acres or more of contiguous area, or less than
66 fifty (50) acres of contiguous area south of the trace of the line beginning
67 at the intersection of Elbow Road and the Chesapeake-Virginia Beach city
68 boundary line; thence northeastwardly along Elbow Road to Salem Road;
69 thence southeastwardly along Salem Road to North Landstown Road;
70 thence northeastwardly along Landstown Road to Princess Anne Road;
71 thence southeastwardly along Princess Anne Road to Sand bridge Road;
72 thence eastwardly along Sandbridge Road to its intersection with the
73 Atlantic Ocean; and
74 (2) Under one (1) ownership; and
75 (3) Used primarily for agricultural purposes; and
76 (4) The landowner has applied for an annual permit from the city manager to
77 use his property for this purpose, which permit shall be granted by the city
78 manager if the applicant meets the requirements of this section; and
79 (5) The person discharging a shotgun as herein set forth shall, at all times
80 while engaged in such activity, have in his possession written permission
81 from the landowner to discharge such weapon on the premises; and
82 (6) All permits shall expire on the next June 30 after the date of issuance.
83
84 (b) Notwithstanding the provisions of subsection (a)(4) above, no permit shall
85 be issued to a landowner if it is determined by the city manager or his duly authorized
86 agent that the issuance of such permit would be detrimental to the public safety, and
87 any permit that has been issued and is in effect may be revoked by the city manager if it
88 is determined by the city manager or his duly authorized agent that conditions have
89 changed since the date of issuance of the permit that cause the continued use of the
90 land for the permitted purpose to be detrimental to the public safety.
II I
91
92 (c) It shall be lawful to discharge firearms of .22-caliber or less south of the
93 trace line enumerated in subsection (a) subject to the provisions of this section. It shall
94 be unlawful to discharge any firearms greater than .22-caliber any place within the city;
95 provided, however, that muzzleloading rifles using a charge of black powder or black
96 powder equivalent may be used to hunt deer during the open season prescribed
97 therefor by the Department of Game and Inland Fisheries south of the trace of the line
98 described in subsection (a)(1). For purposes of this section, a muzzleloading rifle shall
99 mean a single-shot flintlock or percussion rifle, .45 caliber or larger, firing a single lead
100 projectile or sabot with a .38 caliber or larger nonjacketed lead projectile of the same
101 caliber loaded from the muzzle of the weapon and propelled by at least fifty (50) grains
102 of black powder or black powder equivalent.
103
104 (d) Notwithstanding any other provisions of this section, it shall be unlawful for
105 any person to discharge any firearm, spring-propelled rifle or pistol, or air-propelled rifle
106 or pistol from, on, across or within one hundred fifty (150) yards of any building,
107 dwelling, street, sidewalk, alley, roadway or public land or public place within the city
108 limits.
109
110 (e) The prohibitions of this section shall not apply to the operation of a
111 shooting event that is sponsored by an organized group, provided, the written approval
112 of the chief of police as to the safety and location of the event is obtained prior to the
113 event.
114
115 (f) Nothing in this section shall be construed to prohibit the discharge of
116 firearms and other weapons by ill law enforcement agoncies and officers; (2) military
117 forces personnel; or (3) federal, state or local qovernment animal or fowl manaqement
118 aqencv aqents in the city as part of authorized training or in the performance of their
119 duties.
120
121 (g) A violation of any provision of this section shall constitute a Class 1
122 misdemeanor.
123
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 26th
day of May ,2009.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
'-:];7/1/''/ 4- C(,-"7-d'~
Police Department
~~.~
II I
- 36 -
Item V-K.l.b.
ORDINANCES/RESOLUTIONS
ITEM # 58858
Attorney Lisa Murphy, LeClair Ryan, 283 Constitution Drive, Suite 525, Phone: 271-4537, represented
Bell Air, Inc. Attorney Murphy registered in OPPOSIION. The present Section 29.1-749.2 of the State
Statute authorizes the City to regulate jet skis in the City, and limits the Jet Ski operations now to 800
cc 'so Attorney Murphy advised in order to change the City's Jet Ski regulations to make them less
stringent would require a change to that enabling legislation at the General Assembly. Attorney Murphy
understands the operation next to her client's business has three (3) jet skis that meet the requirements.
The operation has bought jet skis that do not meet the requirements. There is no mechanical device that
can regulate a jet ski's speed.
Attorney R.E. Bourdon, Pembroke Office Park. Building 21, 281 Independence Boulevard, Phone: 499-
8972, represented Rudee Inlet Jet Skis Rental, and spoke in SUPPORT of the Ordinance. The jet ski
manufacturers ceased to manufacture two-stroke engines for jet skis in 2004. The regulations that were in
place were approved in 1998. The four-stroke engines which is all that is manufactured now, are much
more environmentally friendly from a water and air quality standpoint. All of Rudee Inlet Jet Skis have
rev limiters and can limit the speedfrom 35 to 38 miles an hour. This ordinance corrects the problem.
Upon motion by Councilman Uhrin, seconded by Councilman Davis, City Council ADOPTED:
Ordinance to AMEND the City Code ~ 6-120-2 re the regulation of
personal watercraft rentals
Staffwas directed to refer the Ordinance to the Beaches and Waterways Commission for evaluation.
Voting: 9-2
Council Members Voting Aye:
Glenn R. Davis, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R.
Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
William R. "Bill" DeSteph and Harry E. Diezel
Council Members Absent:
None
May 26, 2009
"I
1 AN ORDINANCE TO AMEND SECTION 6-
2 120.2 OF THE CITY CODE PERTAINING TO
3 REGULATION OF PERSONAL
4 WATERCRAFT RENTALS
5
6 SECTION AMENDED: S 6-120.2
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
11 That Section 6-120.2 of the Code of the City of Virginia Beach, Virginia, is hereby
12 amended and reordained to read as follows:
13
14 Sec. 6-120.2. Regulation of personal watercraft rentals.
15
16 (a) Any business which offers personal watercraft for rent shall require any
17 person to whom a personal watercraft is rented, and any other person who will operate
18 the personal watercraft, to fill out and sign a rental agreement or application. Such
19 agreement or application, which must include the full legal name, address, date of birth
20 and social security number of the renter and any other operator(s), shall be kept on file
21 for a minimum of ninety (90) days.
22
23 (b) Any business which offers personal watercraft for rent shall also require
24 any person to whom a personal watercraft is rented, and any other person who will
25 operate the personal watercraft, to present, prior to such rental or operation, a
26 government-issued identification card containing his or her photograph, and shall retain
27 such identification card, or a copy thereof, during the time the personal watercraft is
28 being rented.
29
30 (c) No person who rents, leases or operates a personal watercraft shall
31 knowingly misrepresent any material fact or falsify any information requested on the
32 rental agreement or application.
33
34 (d) Any business which offers personal watercraft for rent on a short-term
35 basis (e.g., by the hour or half-hour) shall have at least one motorboat of at least fifty
36 (50) horsepower operated by an employee or agent of the business, in order to monitor
37 and ensure the safe operation of the personal watercraft.
38
39 (e) No business which offers personal watercraft for rent shall rent a personal
40 watercraft that has an engine displacement which exceeds eight hundred (800) cubic
41 centimeters unless the personal watercraft is equipped with a mechanical device that
42 cannot be disabled or removed by a renter of the watercraft and that limits the maximum
43 attainable speed of the watercraft to no more than 40 miles per hour.
44
45 (f) Any business which offers personal watercraft for rent shall have at tease
46 least two (2) marine VHF radios in operation during the time that a personal watercraft
II I
47 rental is being operated, and such radios shall monitor channel 16 whenever they are
48 not being actively used on a working channel.
49
50 (g) No business which offers personal watercraft for rent shall rent a personal
51 watercraft to any person who IS prohibited by state law from operatinq a personal
52 watercraft.
53
54 ib.l A violation of any provision of this section shall constitute a Class 3
55 misdemeanor.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 26th
day of May, 2009.
II !'
- 37 -
Item V-K.2.
ORDINANCES/RESOLUTIONS
ITEM # 58859
Upon motion by Vice Mayor Jones, seconded by Councilman DeSteph, City Council ADOPTED:
Resolution COMMENDING Robert S. Miller III, for his twenty-eight
(28) years of Volunteer Service to the Special Olympics
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 26, 2009
II I
Requested by Mayor Sessoms, Vice-Mayor Jones, and Councilmembers Davis,
DeSteph, Diezel, Dyer, Henley, Uhrin, Villanueva, Wilson, and Wood
1 A RESOLUTION COMMENDING ROBERT S.
2 MILLER, III FOR HIS lWENTY-EIGHT YEARS OF
3 VOLUNTEER SERVICE TO THE SPECIAL
4 OLYMPICS
5
6 WHEREAS, Robert S. Miller III is a life-long resident of Virginia Beach; and
7
8 WHEREAS, Mr. Miller's volunteer service to his community include his work on
9 behalf of the Virginia Beach Foundation, the Pembroke Kiwanis Club, Virginia Beach
10 Vision, and eight years of service on the Virginia Beach Planning Commission; and
11
12 WHEREAS, for twenty-eight years, his most significant volunteer work has been
13 on behalf of children and adults with disabilities through the Virginia Special Olympics
14 and Area 2 Special Olympics programs; and
15
16 WHEREAS, Special Olympics is a year-round international program of sports
17 training and athletic competition for children and adults with intellectual disabilities with
18 a goal of helping to bring persons with such disabilities into the larger society under
19 conditions whereby they are accepted, respected, and given the chance to become
20 useful and productive citizens; and
21
22 WHEREAS, Mr. Miller has expanded his support of the Virginia Special Olympics
23 by reaching out to involve many diverse members of the community including
24 volunteers and leadership of the Virginia Beach Neptune Festival who have, for fourteen
25 years, joined with him in supporting the athletic events thereby educating many in the
26 needs and understanding of persons with disabilities and providing an avenue for
27 increased participation for the community as a whole; and
28
29 WHEREAS, Mr. Miller's efforts on behalf of the disabled also include his support
30 of the BIZNET Residential Village for adults with disabilities and his work with People
31 First and Aktion Club of Virginia Beach, a Kiwanis program for adults with disabilities;
32 and
33
34 WHEREAS, his volunteer efforts reflect his deep commitment to improve the
35 quality of life for all of our citizens, especially those with special needs.
36
37 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
38 VIRGINIA BEACH, VIRGINIA:
39
40 That the City Council hereby commends Robert S. Miller, III for his twenty-eight
41 years of volunteer service to the Special Olympics.
42
43 Adopted by the City Council of the City of Virginia Beach, Virginia, this 26th
44 day of March , 2009.
II I
APPROVED AS TO LEGAL
SUFFICIENCY:
1nv-/~ b ,~____.
City Attorney's Office
CA 11132 R-3 May 20, 2009
, I,
II I
- 38 -
Item V-K.3.
ORDINANCES/RESOLUTIONS
ITEM # 58860
Upon motion by Vice Mayor Jones, seconded by Councilman DeSteph. City Council ADOPTED:
Ordinance to DECLARE restrictive easements over thirteen (13) City-
owned properties in the Interfacility Traffic Area (ITA) to be EXCESS
property and AUTHORIZE the City Manager to convey these properties
to the United States of America, Department of the Navy (USN) for
$4,050,000:
3592 Indian River Road
Landstown Road
2433 Salem Road
Salem Road, Parcel B
Salem Road, Parcel A
2561 Salem Road
Salem Road (6 parcels)
2437 Salem Road
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 26, 2009
II I
1
2 ORDINANCE TO DECLARE RESTRICTIVE EASEMENTS OVER
3 THIRTEEN (13) CITY-OWNED PROPERTIES IN THE
4 INTERFACILlTY TRAFFIC AREA (ITA) TO BE EXCESS
5 PROPERTY AND AUTHORIZE THE CITY MANAGER TO
6 CONVEY SAME TO THE UNITED STATES OF AMERICA
7
8 WHEREAS, the City of Virginia Beach (the "City") is the owner of thirteen (13)
9 certain parcels of land (collectively, the "Properties") located in the Inter-facility Traffic
10 Area (the "ITA") in the City of Virginia Beach, Virginia, which Properties are identified
11 (by location, size and GPIN) as follows:
12
13 3592 Indian River Road, 51.84 acres, 1483-38-6300;
14 2561 Salem Road 18.45 acres, 1484-22-6306;
15 Salem Road 12.428 Acres, 1484-21-5994;
16 Salem Road Parcel B, 17.38 Acres, 1484-41-0190;
1 7 Salem Road Parcel A 1.11 Acres 1484-30-8994;
18 Salem Road 9.56 Acres 1484-31-9964;
19 Salem Road 16.526 Acres 1483-59-8490;
20 Salem Road 1.531 Acres 1484-50-8055;
21 Salem Road 23.882 Acres 1484-60-3726;
22 Landstown Road 31.85 Acres 1484-61-2506;
23 Salem Road 19.733 Acres 1484-21-6047;
24 2433 Salem Road 2.072 Acres 1484-23-6232; and
25 2437 Salem Road 6.137 Acres 1484-23-8037;
26
27 WHEREAS, on September 27, 2007, the City and the United States of
28 America, Department of the Navy (the "Navy") entered into an agreement (the
29 "Encroachment Partnering Agreement") to partner to acquire property in the ITA;
30
31 WHEREAS, the terms and provisions of the Encroachment Partnering
32 Agreement provide that the City will sell to the Navy restrictive easements (the
33 "Restrictive Easements") over property the City acquires in the ITA, and in exchange the
34 Navy will pay to the City the fair market value of the Restrictive Easements, up to 50%
35 of the City's acquisition cost of each ITA property;
36
37 WHEREAS, the City acquired the Properties pursuant to the ITA
38 Acquisition Program and the APZ-1/Clear Zone Acquisition Program;
39
40 WHEREAS, the City funded the acquisition of ten (10) of the Properties
41 through a partnership with the Commonwealth of Virginia (the "Commonwealth"), with
42 the City and the Commonwealth each contributing fifty percent (50%) of the acquisition
43 funds;
44
45 WHEREAS, the City Council of the City of Virginia Beach finds that the
46 Restrictive Easements over the Properties are in excess of the City's needs and finds
47 that the sale of the Restrictive Easements over the Properties to the Navy, pursuant to
48 the terms of the Encroachment Partnering Agreement entered into in 2007, will allow
, I
"I
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
the City and the Commonwealth to recoup up to 50% of the purchase price of these
Properties;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That Restrictive Easements over the following Properties located in the
ITA are hereby declared to be in excess of the needs of the City of Virginia Beach:
3592 Indian River Road, 51.84 acres, 1483-38-6300;
2561 Salem Road 18.45 acres, 1484-22-6306;
Salem Road 12.428 Acres, 1484-21-5994;
Salem Road Parcel B, 17.38 Acres, 1484-41-0190;
Salem Road Parcel A 1 .11 Acres 1484-30-8994;
Salem Road 9.56 Acres 1484-31-9964;
Salem Road 16.526 Acres 1483-59-8490;
Salem Road 1.531 Acres 1484-50-8055;
Salem Road 23.882 Acres 1484-60-3726;
Landstown Road 31.85 Acres 1484-61-2506;
Salem Road 19.733 Acres 1484-21-6047;
2433 Salem Road 2.072 Acres 1484-23-6232; and
2437 Salem Road 6.137 Acres 1484-23-8037.
2. That the City Manager is hereby authorized to execute any documents
necessary to convey the Restrictive Easements over the Properties to the United States
Navy, in substantial conformity with the terms and provisions of the Encroachment
Partnering Agreement dated September 27, 2007, as amended, and such other terms,
conditions or modifications as are deemed necessary and sufficient by the City Manager
and in a form deemed satisfactory by the City Attorney.
3. That the revenue from the sale of each of the Restrictive Easements (up
to the total amount of $3,843,302) shall be received by the City and appropriated as
follows:
a) the proceeds from the sale of easements over any property acquired
with funds from the Commonwealth of Virginia shall be appropriated 50% to the Oceana
and ITA Conformity and Acquisition Project (CIP #9-060) and 50% to Various Site
Acquisitions (CIP #3-368); and the City Manager shall thereafter refund the
Commonwealth's portion of such revenue in the total amount of $1 ,458,251.25 from CIP
#9-060); and
(b) the proceeds from the sale of easements over any property acquired
solely with City funds shall be appropriated to Various Site Acquisitions (CIP #3-368).
This ordinance shall be effective from the date of its adoption.
"I
95 Adopted by the Council of the City of Virginia Beach, Virginia, on the
96 26th day of Mav ,2009.
R-1
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EXHIBIT A
To Grant of Easement
Table from CZO S 1804
TABLE 1 - AIR INST ALLA TIONS COMPATIBLE USE ZONES LAND USE
COMP A TIBILITY IN NOISE ZONES
Land Use Land Use
Compatibility
Land Use Name 70-75 dB >75 dB
DNL DNL
Residential and Related
Single-family dwellings N N
Semidetached dwellings N N
Attached dwellings/townhouses N N
Duplexes N N
Multiple-family dwellings N N
Dormitories and other group quarters N N
Mobile home parks N N
Hotels and motels N N
Other residential uses N N
Manufacturing
Food & kindred products; manufacturing Y Y
Textile mill products; manufacturing Y Y
Apparel and other finished products; products made from fabrics, Y Y
leather and similar materials; manufacturing
Lumber and wood products (except furniture); manufacturing Y Y
Furniture and fixtures; manufacturing Y Y
Paper and allied products; manufacturing Y Y
Printing, publishing, and allied industries Y Y
Chemicals and allied products; manufacturing Y Y
Petroleum refining and related industries Y Y
Rubber and misc. plastic products; manufacturing Y Y
Stone, clay and glass products; manufacturing Y Y
II
Primary metal products; manufacturing y y
Fabricated metal products; manufacturing y y
Professional scientific, and controlling instruments; photographic y y
and optical goods; watches and clocks
Miscellaneous manufacturing y y
Transportation, communication and utilities
Railroad, rapid rail transit, and street railway transportation Y y
Motor vehicle transportation Y y
Aircraft transportation Y y
Marine craft transportation Y y
Highway and street right-of-way y y
Automobile parking y y
Communication y y
Utilities y y
Other transportation, communication and utilities y y
Trade
Wholesale trade y y
Retail trade - building materials, hardware and farm equipment y y
Retail trade - general merchandise y y
Retail trade - food y y
Retail trade - automotive, marine craft, aircraft and accessories y y
Retail trade - apparel and accessories y y
Services
Retail trade - furniture, home, furnishings and equipment y y
Retail trade - eating and drinking establishments y y
Other retail trade y y
Finance, insurance and real estate services y y
Personal services y y
"I
.'
f
Cemeteries y y
Business services Y Y
Warehousing and storage Y Y
Repair services y y
Professional services Y y
Hospitals, other medical fac. y N
Nursing homes N N
Contract construction services Y Y
Government services y y
Educational services y N
Miscellaneous Y y
Cultural, entertainment and recreational
Cultural activities (& churches) y N
Nature exhibits N N
Public assembly halls N N
Auditoriums, concert halls y N
Outdoor music shells, amphitheaters N N
Outdoor sports arenas, spectator sports Y N
Other outdoor recreational facilities y y
Indoor recreational facilities Y y
Campgrounds y N
Parks y N
Other cultural, entertainment and recreation y N
Resource Production and Extraction
Agriculture (except live stock) y y
Livestock farming y N
Animal breeding y N
Agriculture related activities y y
III
,
,
"
I
Forestry activities Y Y
Fishing activities y y
Mining activities y y
Other resource production or extraction Y y
II I
SUMMARY OF TERMS
OF
ENCROACHMENT PARTNERING AGREEMENT:
Parties:
The City of Virginia Beach and The United States of America, acting through
the Department of the Navy
Term of Aareement:
The term of the agreement is 5 years, unless sooner terminated by either
party, upon 30 days' notice to the other party. The agreement may be renewed
or extended as the parties agree.
Other Terms
1. If the City purchases property from willing sellers in the ITA, then the
Navy will purchase from the City a restrictive easement over that
property limiting its use to those uses marked with a "Y" in the Table set
forth in City Zoning Ordinance Section 1804 as enacted on the date of
the Multi-Year Agreement (copy attached hereto as Exhibit A"):
a. If the property is in 65-70 and 70-75 dB DNL Noise Zones, then
the property would be limited to the allowed uses in 70-75 dB
DNL Noise Zone, as stated in the Table;
b. If the property is in >75 dB DNL, then the property would be
limited to the allowed uses in >75 dB DNL Noise Zone;
2. The Navy will pay 100% of the appraised value of the restrictive
easement or 50% of the City's fee simple purchase price, whichever is
less. After the appraisals are completed, the City can decide on a case-
by-case basis whether to sell an easement to the Navy.
3. The Navy will fund this arrangement with $3 million 1, plus the Marshview
property (the Navy will convey Marshview, in fee, to the City in
exchange for the City placing restrictive easements over its ITA
properties ).
4. The Navy and the City will share the costs of the appraisals.
5. The City shall provide surveys necessary to delete all standard
exceptions for title insurance as to surveys.
I Increased to $4,050,000 by ORD-3053C adopted September 23,2008 and by the Amended Encroachment
Partnering Agreement entered into on December 23,2008.
EI-11283
Prepared by:
United States of America
Commanding Officer (Altn: Code OPHRRES)
Naval Facilities Engineering Command Mid Atl'lntic
9742 Mmyland Avenue,
Norfolk, VA 23511-3095
All correspondence pertaining to
this Easement should reference
No. N40085-09-RP-OOI64
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58.1-811 (A)(3)
AND 58.1-81 I (C)(4)
EXEMPT PURSUANT TO ~7.1-22(c)
GRANT OF EASEMENT
THIS EASEMENT, made this 3rd day of June, 2009, by and between the CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, hereinafter
called the GRANTOR, and the UNITED STATES OF AMERICA, hereinafter called the
GOVERNMENT ("the GRANTEE");
WITNESSETH:
WHEREAS, the GRANTOR is the sole owner in fee simple of certain property
("Property"), hereinafter described as a tract of land containing 27.95 acres, more or less, located
in the City of Virginia Beach, State of Virginia and situated near Naval Air Station, Oceana,
Virginia Beach, Virginia and Naval Auxiliary Landing Field, Fentress, Chesapeake, Virginia,
hereinafter called the INSTALLATIONS;
WHEREAS, it is in the public interest to limit development or use of the Property in the
vicinity of the INST ALLA TrONS that would be incompatible with its mission and/or might
interfere, whether directly or indirectly, with current or anticipated military training, testing or
operations on such INSTALLATIONS; and
WHEREAS, the GRANTOR and GOVERNMENT have entered into a Multi-Year
Agreement pursuant to 10 U.S.C. 2684a to acquire property interests that would be incompatible
with the mission of the INSTALLATIONS and otherwise meet the mutual objectives of the
GRANTOR and GOVERNMENT.
NOW THEREFORE, in consideration of the sum of Six Hundred Fifty Thousand and
Noll 00 Dollars ($650,000.00), the receipt and sufficiency of which are hereby acknowledged,
the GRANTOR does hereby grant and convey to the GOVERNMENT, a perpetual easement
GPIN: 1484-31-9964,1484-41-0190 and 1484-30-8994
1
EI-11283
appurtenant to restrict the use and development of said Property that would encumber, impede,
limit or otherwise be incompatible, as defined herein, with the mission ofthe
INST ALLA TIONS, and to provide for ingress and egress for the purpose of monitoring
compliance with the easement, on, over and across said Property more particularly described as:
Easement on, over and across:
PARCEL NO.1:
ALL THAT certain piece or parcel of land sihlate, lying and being
in the City of Virginia Beach, Virginia, designated and described as
"PARCEL B AREA = 757,062 SF or 17.380 AC GPIN: 1484-41-
0190", as shown on that certain plat entitled "RESUBDIVISION
OF 'SURVEY OF PROPERTY OF GIDEON BROCKETT
ESTATE' (INSTRUMENT NO. 200210033043211) AND
'PROPERTY OF l.C. BROCKETT LOCATED ON SALEM RD.
IN PRINCESS ANNE CO., VA.' (MB. 75, PG. 49) VIRGINIA
BEACH, VIRGINIA", made by MSA, P.C. dated December 20,
2005, said plat being recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia as Instrument No.
20060717001075800.
PARCEL NO.2:
ALL THAT certain piece or parcel of land comprising 1.01 acres,
more or less, situate, lying and being in the City of Virginia Beach,
Virginia designated and described as "N/F JOHNNIE C.
BROCKETT PARCEL A (DB. 2457, PG. 149, PLAT) GPIN: 1484-
30-8994", as shown on that certain plat entitled, "RESUBDIVISION
OF 'SURVEY OF GIDEON BROCKETT ESTATE'
(INSTRUMENT NO. 200210033043211) AND 'PROPERTY OF
lC. BROCKETT LOCATED ON SALEM RD. IN PRINCESS
ANNE CO., VA.' (MB. 75, PG. 49) VIRGINIA BEACH,
VIRGINIA", made by MSA, P.C., dated December 20, 2005 and
recorded in the aforesaid Clerk's Office as Instrument Number by
20060717001075800.
PARCEL NO.3:
ALL OF THAT that certain piece or parcel of land, situate, lying and
being in the City of Virginia Beach, Virginia, designated and described
as "SALEM ROAD ASSOCIATES LLC INSTR. #200401220012435
(DEED) (PARCEL THREE) M.B. 17 PG. 31 GPIN 1484-31-9964
AREA = 416,291 SQ. FT. = 9.55672 ACRES" as shown on that certain
plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED
2
I
EI-11283
FROM SALEM ROAD ASSOCIATES, LLC BY CITY OF
VIRGINIA BEACH VIRGINIA B EACH, VIRGINIA", dated August
14, 2008, prepared by Department of Public Works/Engineering
Division/Survey Bureau City of Virginia Beach, Virginia, said plat
being recorded in the aforesaid Clerk's Office as Instrument No.
20080902001035790.
IT BEING an easement over the same property acquired by
the GRANTOR by deed from Salem Road Associates, L.L.C.,
a Virginia limited liability company recorded in the Clerk
Office of the Circuit Court of the City of Virginia Beach, as
Instrument Number 20080909001067470.
The Easement and rights for restrictions, ingress and egress are described as follows:
1. Restricted Uses and Development Ri2hts. Any activity or use of the Property inconsistent
with the purpose of this Easement is prohibited. Without limiting the generality of the foregoing,
and except as specifically permitted, the following activities and uses are expressly prohibited:
a. All activities EXCEPT those listed as compatible (Y) in the City Zoning Ordinance
(Appendix A to the Code of the City of Virginia Beach) (CZO), as enacted as of the
date ofthe date ofthe Multi-Year Agreement, by and between the City and the
Government, as executed on September 25, 2007, a copy of which is attached hereto
as Exhibit A and incorporated herein by this reference, as follows:
1. For Property within the 65-70 db DNL and 70-75 dB DNL Noise Zone,
those uses listed as compatible with the 70-75 dB DNL Noise Zone in
Table 1 within CZO ~ 1804, as enacted as of the date of the date of the
Multi-Year Agreement, by and between the City and the Government, as
executed on September 25, 2007.
11. For Property within the >75 dB DNL Noise Zone, those uses listed as
compatible with the >75 dB DNL Noise Zone in Table 1 within CZO
~ 1804, as enacted as of the date ofthe date of the Multi-year agreement,
by and between the City and the Government, as executed on September
25,2007.
b. Human Habitation. The Property may not be used for human habitation, including but
not limited to nursing homes and temporary accommodations such as cabins, trailers,
R V s, tents, etc.
3
EI-11283
c. Height Restrictions. No structure which on. the basis of its height would constitute an
obstruction to air navigation pursuant to Part 77 of the Federal Aviation Administration
Regulations, 14 CFR.
d. Lighting. All lighting equipment, including but not limited to floodlights and
searchlights, and all protective lighting, such as streetlights, shall have positive optical
control that shines downward so that no direct light is emitted above the horizontal plane.
e. Other Operational & Training Hazards. No operations of any type are permitted that
produce smoke, glare or other visual hazards, or encourage concentrations of birds, such
as bird feeding stations, ponds, (except as otherwise allowed herein) and mature crops
left un-harvested, that may be dangerous for aircraft operating from the
INST ALLA TIONS. Controlled bums for agricultural purposes, habitat improvement and
mitigation of fire hazards must be agreed to in writing by all parties to this Easement
prior to commencing said activities.
f. Construction. New construction of any structure or edifice, and any other additions to,
or alterations of the Property are prohibited except for those improvements or alterations
deemed to be reasonably necessary to the allowed uses of the Property defined within
this paragraph1, and to address any storm water management issues on or affecting the
Property authorized pursuant to paragraph 2(c). GRANTOR shall provide
GOVERNMENT written notice of GRANTOR's intention to undertake any such
construction, together with information on its size, function, capacity and location, not
less than ninety days (90) prior to the commencement thereto in accordance with
paragraph 3 below.
All authorized uses shall be consistent with applicable environmental laws.
2. Reserved Ri2hts. GRANTOR reserves to itself, its successors and assigns, all rights
accruing from its ownership of the Property that are not expressly prohibited herein and are not
inconsistent with the purposes of this Easement, including but not limited to:
a. Controlling predatory and problem animals by the use of selective control techniques.
b. Managing and harvesting of all forests on the Property consistent with Virginia State
Forestry Department Guidelines, as they may be amended from time to time.
c. Establishing retention or detention ponds or impoundments to ameliorate storm water
runoff on or affecting the Property. GRANTOR, in consultation with and with prior
approval of GOVERNMENT, will be permitted to create such storm water
impoundments on the Property, provided they are not enhanced for the attraction of
waterfow1. However, should the impoundments or other improvements made attract
such a concentration of birds to the extent that they cause a training or operational
4
EI-11283
hazard, the GRANTOR, upon the request of the GOVERNMENT, shall remove the
improvements to the extent required to ameliorate the training or operational hazard
created. Such removal work shall be at the sole cost of the GRANTOR.
3. Notification Provisions.
a. Notice ofIntent to Undertake New Uses and Construction. Whenever GRANTOR
plans to undertake a new use or perform new construction on the Property,
GRANTOR will notify the GOVERNMENT in writing by certified mail not less than
ninety days (90) prior to the date that GRANTOR intends to undertake the activity in
question. The notice shall describe the nature, scope, design, location, timetable, and
any other material aspect ofthe proposed activity in sufficient detail to permit the
GOVERNMENT to make an informed judgment as to its consistency with the
purpose of this Easement. Failure of GRANTOR to give such notice shall be deemed
a breach of the terms of this Agreement. Furthermore, should GRANTOR undertake
to make any improvements to control storrnwater runoff pursuant to paragraph 2(c)
above, the provisions ofthis paragraph shall apply.
b. GOVERNMENT 's Approval. Within ninety (90) days of receipt of the request, the
GOVERNMENT will grant or withhold its approval in writing. The
GOVERNMENT IS approval may be withheld only upon a reasonable determination
by the GOVERNMENT that the use or construction proposed would be inconsistent
with the purpose ofthis Easement and the restrictions on the use of the Property
included herein.
4. Monitoring. Enforcement and Remedies.
a. The GOVERNMENT may enter upon the Property on an annual basis in order to
monitor GRANTOR's compliance with the terms ofthis Easement or at any time upon an
event of noncompliance with the terms ofthis Easement to enforce the term of this
Easement; provided that GOVERNMENT will provide at least ten (10) days notice of
such entry to GRANTOR, except when there is a threat of imminent harm of personal
injury or property damage. GOVERNMENT shall not unreasonably interfere with
GRANTOR's use and quiet enjoyment of the Property.
b. In the event of breach by GRANTOR of any terms, conditions, or obligations created
by this Easement, the GRANTOR shall be afforded ninety (90) days from the receipt of
GOVERNMENT's notice of non-compliance to cure the subject breach, except where
irreparable harm may result from any delay in curing a breach. The GOVERNMENT
may grant a reasonable extension of time to complete the cure if it is determined by the
GOVERNMENT to be necessary. In the event that the non-compliance is not cured
within the ninety (90) day time frame, or extension of time if granted by the
GOVERNMENT, the GOVERNMENT may:
5
, I
EI-11283
i. take necessary actions to correct the non-compliance and upon request by
GOVERNMENT, GRANTOR shall reimburse GRANTEE for its reasonable actual
costs incurred to correct the non-compliance; and/or
ii. institute mediation or other alternative dispute resolution strategy that is agreed
to by the parties; or
iii. institute suits to enjoin any breach or enforce any term by injunction.
The GOVERNMENT's remedies shall be cumulative and shall be in addition to any other rights
and remedies available to the GOVERNMENT at law or equity. Enforcement of the terms of
this Easement shall be at the discretion of the GOVERNMENT. No failure on the part of the
GOVERNMENT to enforce any term hereof shall discharge or invalidate such term or any other
term hereof or affect the right of the GOVERNMENT to enforce the same in the event of a
subsequent breach or default.
5. Costs and Liabilities. GRANTOR retains all responsibilities and shall bear all costs and
liabilities of any kind related to the ownership and maintenance of the Property.
6. Subsequent Transfers. GRANTOR agrees to incorporate the terms of this Easement in any
deed or other legal instrument by which it divests itself of any interest in the Property, including
a leasehold interest. GRANTOR further agrees to give written notice to the GOVERNMENT of
the conveyance at least 30 days prior to the date of conveyance.
7. Notices. Notice shall be considered as provided upon delivery to the respective owners of
record for interests in property, unless otherwise agreed to in writing. Any notice, approval or
communication that the GRANTOR is required to give to the GOVERNMENT in writing may
be served personally or mailed to:
To GRANTOR:
City Manager's Office
City of Virginia Beach
2401 Courthouse Drive, Building 1
Virginia Beach, VA 23456
With copy to:
City Attorney's Office
City of Virginia Beach
2401 Courthouse Drive, Building 1
Virginia Beach, VA 23456
6
EI-11283
To GOVERNMENT:
Commanding Officer
Naval Air Station, Oceana
1750 Tomcat Boulevard
Virginia Beach, Virginia 23460
With copy to:
Commanding Officer (ATTN: OPHRRES)
Naval Facilities Engineering Command, Mid-Atlantic
9742 Maryland Avenue
Norfolk, Virginia 23511-3095
The GRANTOR is responsible for ensuring that the GOVERNMENT's address is current
at the time of any notification. The GOVERNMENT is responsible for ensuring that the
GRANTOR's address is current at the time of any notification.
The GRANTOR covenants with the GOVERNMENT that it is seized of said Property in
fee simple; that GRANTOR has the right to convey, and voluntarily conveys for the agreed upon
price, this Easement with the additional authority for the GOVERNMENT to control and restrict
the use and development of GRANTOR's Property as provided in this Easement; that
GRANTOR has done nothing to impair such title as GRANTOR received; and the GRANTOR
will warrant and defend the title against the lawful claims of all persons claiming by, under or
through GRANTOR.
IN WITNESS WHEREOF, the GRANTOR has caused this GRANT OF EASEMENT to
be executed as of the day and year first written.
UNITED STATES OF AMERICA
DEP ARTMENT OF THE NAVY
BY:~~
Real Estate Contracting Officer
By direction, Naval Facilities
Engineering Command, Mid-Atlantic
9742 Maryland Avenue
Norfolk, Virginia 23511-2699
7
State of Virginia )
)
City of vrle6IJJI)) ,enu_l-I )
EI-11283
I, (JAlXJ..Uyf fitoK.L , a Notary Public for the State at Large,
hereby certify that Matthew D. Kurtz, whose name as such is signed to the foregoing Easement
has this day acknowledged the same before me in the City and State aforesaid.
Given under my hand this ;3, 4 day of VtLlJtP , 200~.
fJakt4J )nOW- yj(iJtl~
Notary Public
My Commission expires:
Registration number:
(, --:1IJ ~01
a 1~9y.i
8
EI-11283
CITY OF VIRGINIA BEACH
APPROVED AS TO CONTENT
~ I ~ i'
B. ~ L. ~1)fJt
Attes :
BIf-='~.11YmG
APPROVED AS TO
LEGAL SUFFICIENCY
;[J(JV ;t ( / OA~,
City Attorney's Office --~
State of Virginia
)
)
)
City of JtJ;te6-:OJ.m IJeA-GH
I, (Jf-}TfLzcm NDDU mK;r-NS , a Notary Public for the State at Large,
hereby certify that v{tMGS k. sPtJ/te . whose name as such is signed
to the foregoing Easement has this day acknowledged the same before me in the City
and State aforesaid.
""....t'1i.'ft'J) under my hand this 3-,~ day of VlL/Je ,2001. (
......' ~OOR~ 'I, ~ .
" \~ .......~. li4 "I f)
~...~G""NOTARY"'/~'~ \.' ~ ~lJJL Yiu~u~
: ~... PUBLIC ".~ ~ '. C//'
= Q: REG 11 212944 ~ <fJ 7: Notary PublIc
: ~ MY COMMISSION': ::;
. o. ~I~ .::!;"
-- 0 . .0 . -. .
~ ~"'. I o.~ ~~~~~n expIres:
'" O"h1}6gH;t~~t~.;i\umber:
'1111 tAL n-\ 0 "\,,,
"'''''HI;I
ur.3{} ~(J'1
~d1. 94 'f
9
State of Virginia )
)
City of iJ':Cr<c..;'m.t: I:J IEl'ilCfl )
I, fhTP...J (l-:;'74./"ItJt:.VlE I~ XnJ ~ , aN otary Public for the State at Large,
hereby certify that ~uTl-I l-IoD6-G:5 PI2l15i3l~..J whose name as such is signed
to the foregoing Easement has this day acknowledged the same before me in the City
and State aforesaid.
3Jtdday of~, 200~.
Yri-k~ lJ)POhl--. fJ.uJl~
Notary Public
Given under my hand this
0.."1111"
", 1'1
.....' MOORj,~' :J:J~
.... (}r. ,...". ",1....)..; .'~
,:-" ~ ,""NOTAF<y..~t;/ <:,
.. ~.. pl. I"'" " i-:. ~
.. :'\. vOL,\.- . ~/ ...
.. Q . '''__ 'U
: : REG If 212944 ~ UJ ~:
: () : MY CcM~3&~inisSi.on expires: {p -SO -OcJ
~ ~ \. oE6,W~tr~i~jlUmber: flj /l/i4-'-I
-:. ~ .. ~oJ2Uiig., r.< ,.'
1# v" If' ^':-l-t.
..., ~A~If.llll""" ,\\,,-,'~.
""."t. A Or.. ,"
'"'' "1 L TH ' ,\b~
"'"11""
10
III
EI-11283
EXHIBIT A
To Grant of E .asement
Table from CZO S 1804
TABLE 1 - AIR INST ALLA TIONS COMP A rIBLE USE ZONES LAND USE
COMPATIBILITY IN NOISE ZONES
Land Use Land Use
Compatibility
Land Use Name 70-75 dB >75 dB
DNL DNL
Residential and Related
Single-family dwellings N N
Semidetached dwellings N N
Attached dwellings/townhouses N N
Duplexes N N
Multiple-family dwellings N N
Dormitories and other group quarters N N
Mobile home parks N N
Hotels and motels N N
Other residential uses N N
Manufacturing
Food & kindred products; manufacturing Y Y
Textile mill products; manufacturing Y Y
Apparel and other finished products; products made from fabrics, Y y
leather and similar materials; manufacturing
Lumber and wood products (except furniture); manufacturing Y y
Furniture and fixtures; manufacturing y y
Paper and allied products; manufacturing Y y
Printing, publishing, and allied industries Y Y
Chemicals and allied products; manufacturing Y Y
Petroleum refining and related industries Y Y
Rubber and misc. plastic products; manufacturing Y y
Stone, clay and glass products; manufacturing Y Y
Primary metal products; manufacturing y y
Fabricated metal products; manufacturing y y
Professional scientific, and controlling instruments; photographic y y
and optical goods; watches and clocks
Miscellaneous manufacturing y y
Transportation, communication and utilities
Railroad, rapid rail transit, and street railway transportation Y Y
Motor vehicle transportation y Y
Aircraft transportation y Y
Marine craft transportation y Y
Highway and street right-of-way y y
Automobile parking y y
Communication y y
Utilities y y
Other transportation, communication and utilities y Y
Trade
Wholesale trade y y
Retail trade - building materials, hardware and farm equipment y y
Retail trade - general merchandise y y
Retail trade - food y Y
Retail trade - automotive, marine craft, aircraft and accessories Y y
Retail trade - apparel and accessories y y
Services
Retail trade - furniture, home, furnishings and equipment y y
Retail trade - eating and drinking establishments y y
Other retail trade y y
Finance, insurance and real estate services y y
Personal services y y
Cemeteries y y
Business services Y Y
Warehousing and storage Y y
Repair services Y Y
Professional services y y
Hospitals, other medical fac. y N
Nursing homes N N
Contract construction services y y
Government services Y Y
Educational services Y N
Miscellaneous Y y
Cultural, entertainment and recreational
Cultural activities (& churches) y N
Nature exhibits N N
Public assembly halls N N
Auditoriums, concert halls y N
Outdoor music shells, amphitheaters N N
Outdoor sports arenas, spectator sports Y N
Other outdoor recreational facilities Y Y
Indoor recreational facilities Y Y
Campgrounds Y N
Parks Y N
Other cultural, entertainment and recreation Y N
Resource Production and Extraction
Agriculture (except live stock) y y
Livestock farming Y N
Animal breeding y N
Agriculture related activities Y y
Forestry activities y y
Fishing activities y Y
Mining activities y y
Other resource production or extraction Y Y
EI-EI-11401
Prepared by:
United States of America
Commanding Officer (Artn: Code OPHRRES)
Naval Facilities Engineering Command Mid Atlantic
9742 Maryland A venue,
Norfolk, VA 23511-3095
All correspondence pertaining to
this Easement should reference
No. N40085-09-0 1166
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58.1 -811 (A)(3)
AND 58.1-81 I (C)(4)
EXEMPT PURSUANT TO ~7.1-22(c)
GRANT OF EASEMENT
THIS EASEMENT, made this 3rd day of June, 2009, by and between the CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, hereinafter
called the GRANTOR, and the UNITED STATES OF AMERICA, hereinafter called the
GOVERNMENT ("the GRANTEE");
WITNESSETH:
WHEREAS, the GRANTOR is the sole owner in fee simple of certain property
("Property"), hereinafter described as a tract ofland containing 41.939 acres, more or less,
located in the City of Virginia Beach, State of Virginia and situated near Naval Air Station,
Oceana, Virginia Beach, Virginia and Naval Auxiliary Landing Field, Fentress, Chesapeake,
Virginia, hereinafter called the INSTALLATIONS;
WHEREAS, it is in the public interest to limit development or use of the Property in the
vicinity of the INST ALLA TIONS that would be incompatible with its mission and/or might
interfere, whether directly or indirectly, with current or anticipated military training, testing or
operations on such INSTALLATIONS; and
WHEREAS, the GRANTOR and GOVERNMENT have entered into a Multi-Year
Agreement pursuant to 10 U.S.C. 2684a to acquire property interests that would be incompatible
with the mission of the INST ALLA TIONS and otherwise meet the mutual objectives of the
GRANTOR and GOVERNMENT.
NOW THEREFORE, in consideration of the sum of Six Hundred Twenty-Nine Thousand
Ninety-Eight and 50/1 00 Dollars ($629,098.50), the receipt and sufficiency of which are hereby
acknowledged, the GRANTOR does hereby grant and convey to the GOVERNMENT, a
GPIN: 1483-59-8490; 1484-50-8055; and 1484-60-3726
EI-EI-11401
perpetual easement appurtenant to restrict the use and development of said Property that would
encumber, impede, limit or otherwise be incompatible, as defined herein, with the mission of the
INST ALLA TIONS, and to provide for ingress and egress for the purpose of monitoring
compliance with the easement, on, over and across said Property more particularly described as:
Easement on, over and across:
GPIN: 1483-59-8490:
ALL OF THAT certain lot, piece or parcel of land, situate, lying
and being in the City of Virginia Beach, Virginia, more
particularly described as "GPIN No. 1483-59-8490" and further
described as "GPIN 1483-59-8490 719,890 SQ. FT. 16.526
ACRES" on that certain plat entitled, "PLAT SHOWING
PROPERTY TO BE ACQUIRED FROM MILL DAM LANDING
ASSOCIATES, L.L.C. BY THE CITY OF VIRGINIA BEACH
FOR CIP 9-060.002 VIRGINIA BEACH, VIRGINIA," Scale: 1" =
1 00', Dated July 15, 2008, prepared by Rouse-Sirine Associates,
Ltd., which plat is recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, as Instrument
Number 20080925001128450, to which reference is made for a
more particular description.
GPIN: 1484-50-8055
ALL OF THAT certain lot, piece or parcel of land, situate, lying
and being in the City of Virginia Beach, Virginia, more
particularly described as "GPIN No. 1484-50-8055" and further
described as "GPIN 1484-50-8055 66,676 SQ. FT. 1.531 ACRES"
on that certain plat entitled, "PLAT SHOWING PROPERTY TO
BE ACQUIRED FROM MILL DAM LANDING ASSOCIATES,
L.L.C. BY THE CITY OF VIRGINIA BEACH FOR CIP 9-
060.002 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 1 00',
Dated July 15, 2008, prepared by Rouse-Sirine Associates, Ltd.,
which plat is recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, as Instrument Number
20080925001128450, to which reference is made for a more
particular description.
GPIN: 1484-60-3726
ALL OF THAT certain lot, piece or parcel of land, situate, lying
and being in the City of Virginia Beach, Virginia, more
2
EI-EI-11401
particularly described as "GPIN No. 1484-60-3726" and further
described as "GPIN 1484-60-3726 1,040,290 SQ. FT. 23.882
ACRES" on that certain plat entitled, "PLAT SHOWING
PROPERTY TO BE ACQUIRED FROM MILL DAM LANDING
ASSOCIATES, L.L.C. BY THE CITY OF VIRGINIA BEACH
FOR CIP 9-060.002 VIRGINIA BEACH, VIRGINIA," Scale: 1" =
1 00', Dated July 15, 2008, prepared by Rouse-Sirine Associates,
Ltd., which plat is recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beacb, Virginia, as Instrument
Number 20080925001128450, to which reference is made for a
more particular description.
IT BEING an easement over the same property acquired by the
GRANTOR by deed from Mill Dam Landing Associates, L.L.C.,
a Virginia limited liability company, recorded in the Clerk Office
of the Circuit Court of the City of Virginia Beach, as Instrument
Number 20080926001133820.
The Easement and rights for restrictions, ingress and egress are described as follows:
1. Restricted Uses and Development Rights. Any activity or use ofthe Property inconsistent
with the purpose of this Easement is prohibited. Without limiting the generality ofthe foregoing,
and except as specifically permitted, the following activities and uses are expressly prohibited:
a. All activities EXCEPT those listed as compatible (Y) in the City Zoning Ordinance
(Appendix A to the Code ofthe City of Virginia Beach) (CZO), as enacted as of the
date of the date of the Multi-Year Agreement, by and between the City and the
Government, as executed on September 25, 2007, a copy of which is attached hereto
as Exhibit A and incorporated herein by this reference, as follows:
1. For Property within the 65-70 db DNL and 70-75 dB DNL Noise Zone,
those uses listed as compatible with the 70-75 dB DNL Noise Zone in
Table 1 within CZO g1804, as enacted as of the date of the date ofthe
Multi-Year Agreement, by and between the City and the Government, as
executed on September 25, 2007.
11. For Property within the >75 dB DNL Noise Zone, those uses listed as
compatible with the >75 dB DNL Noise Zone in Table 1 within CZO
S1804, as enacted as of the date of the date of the Multi-year agreement,
by and between the City and the Government, as executed on September
25,2007.
3
EI-EI-11401
b. Human Habitation. The Propeliy may not be used for human habitation, including but
not limited to nursing homes and temporary accommodations such as cabins, trailers,
R V s, tents, etc.
c. Height Restrictions. No structure which on the basis of its height would constitute an
obstruction to air navigation pursuant to Part 77 of the Federal Aviation Administration
Regulations, 14 CFR.
d. Lighting. All lighting equipment, including but not limited to floodlights and
searchlights, and all protective lighting, such as streetlights, shall have positive optical
control that shines downward so that no direct light is emitted above the horizontal plane.
e. Other Operational & Training Hazards. No operations of any type are permitted that
produce smoke, glare or other visual hazards, or encourage concentrations of birds, such
as bird feeding stations, ponds, (except as otherwise allowed herein) and mature crops
left un-harvested, that may be dangerous for aircraft operating from the
INSTALLATIONS. Controlled burns for agricultural purposes, habitat improvement and
mitigation of fire hazards must be agreed to in writing by all parties to this Easement
prior to commencing said activities.
f. Construction. New construction of any structure or edifice, and any other additions to,
or alterations of the Property are prohibited except for those improvements or alterations
deemed to be reasonably necessary to the allowed uses ofthe Property defined within
this paragraphl, and to address any storm water management issues on or affecting the
Property authorized pursuant to paragraph 2(c). GRANTOR shall provide
GOVERNMENT written notice of GRANTOR's intention to undertake any such
construction, together with information on its size, function, capacity and location, not
less than ninety days (90) prior to the commencement thereto in accordance with
paragraph 3 below.
All authorized uses shall be consistent with applicable environmental laws.
2. Reserved Rie.hts. GRANTOR reserves to itself, its successors and assigns, all rights
accruing from its ownership of the Property that are not expressly prohibited herein and are not
inconsistent with the purposes of this Easement, including but not limited to:
a. Controlling predatory and problem animals by the use of selective control techniques.
b. Managing and harvesting of all forests on the Property consistent with Virginia State
Forestry Department Guidelines, as they may be amended from time to time.
c. Establishing retention or detention ponds or impoundments to ameliorate storm water
runoff on or affecting the Property. GRANTOR, in consultation with and with prior
4
EI-EI-11401
approval of GOVERNMENT, will be permitted to create such storm water
impoundments on the Property, provided they are not enhanced for the attraction of
waterfowl. However, should the impoundments or other improvements made attract
such a concentration of birds to the extent that they cause a training or operational
hazard, the GRANTOR, upon the request ofthe GOVERNMENT, shall remove the
improvements to the extent required to ameliorate the training or operational hazard
created. Such removal work shall be at the sole cost of the GRANTOR.
3. Notification Provisions.
a. Notice ofIntent to Undertake New Uses and Construction. Whenever GRANTOR
plans to undertake a new use or perform new construction on the Property,
GRANTOR will notify the GOVERNMENT in writing by certified mail not less than
ninety days (90) prior to the date that GRANTOR intends to undertake the activity in
question. The notice shall describe the nature, scope, design, location, timetable, and
any other material aspect of the proposed activity in sufficient detail to permit the
GOVERNMENT to make an informed judgment as to its consistency with the
purpose of this Easement. Failure of GRANTOR to give such notice shall be deemed
a breach of the terms of this Agreement. Furthermore, should GRANTOR undertake
to make any improvements to control stormwater runoff pursuant to paragraph 2(c)
above, the provisions of this paragraph shall apply.
b. GOVERNMENT 's Approval. Within ninety (90) days of receipt of the request, the
GOVERNMENT will grant or withhold its approval in writing. The
GOVERNMENT 's approval may be withheld only upon a reasonable determination
by the GOVERNMENT that the use or construction proposed would be inconsistent
with the purpose of this Easement and the restrictions on the use of the Property
included herein.
4. Monitorin1!. Enforcement and Remedies.
a. The GOVERNMENT may enter upon the Property on an annual basis in order to
monitor GRANTOR's compliance with the terms of this Easement or at any time upon an
event of noncompliance with the terms of this Easement to enforce the term of this
Easement; provided that GOVERNMENT will provide at least ten (10) days notice of
such entry to GRANTOR, except when there is a threat of imminent harm of personal
injury or property damage. GOVERNMENT shall not unreasonably interfere with
GRANTOR's use and quiet enjoyment of the Property.
b. In the event of breach by GRANTOR of any terms, conditions, or obligations created
by this Easement, the GRANTOR shall be afforded ninety (90) days from the receipt of
GOVERNMENT's notice of non-compliance to cure the subject breach, except where
irreparable harm may result from any delay in curing a breach. The GOVERNMENT
5
EI-EI-11401
may grant a reasonable extension of time to complete the cure if it is determined by the
GOVERNMENT to be necessary. In the event that the non-compliance is not cured
within the ninety (90) day time frame, or extension oftirne if granted by the
GOVERNMENT, the GOVERNMENT may:
i. take necessary actions to correct the non-compliance and upon request by
GOVERNMENT, GRANTOR shall reimburse GRANTEE for its reasonable actual
costs incurred to correct the non-compliance; and/or
ii. institute mediation or other alternative dispute resolution strategy that is agreed
to by the parties; or
iii. institute suits to enjoin any breach or enforce any term by injunction.
The GOVERNMENT's remedies shall be cumulative and shall be in addition to any other rights
and remedies available to the GOVERNMENT at law or equity. Enforcement of the terms of
this Easement shall be at the discretion of the GOVERNMENT. No failure on the part of the
GOVERNMENT to enforce any term hereof shall discharge or invalidate such term or any other
term hereof or affect the right of the GOVERNMENT to enforce the same in the event of a
subsequent breach or default.
5. Costs and Liabilities. GRANTOR retains all responsibilities and shall bear all costs and
liabilities of any kind related to the ownership and maintenance of the Property.
6. SubseQuent Transfers. GRANTOR agrees to incorporate the terms of this Easement in any
deed or other legal instrument by which it divests itself of any interest in the Property, including
a leasehold interest. GRANTOR further agrees to give written notice to the GOVERNMENT of
the conveyance at least 30 days prior to the date of conveyance.
7. Notices. Notice shall be considered as provided upon delivery to the respective owners of
record for interests in property, unless otherwise agreed to in writing. Any notice, approval or
communication that the GRANTOR is required to give to the GOVERNMENT in writing may
be served personally or mailed to:
To GRANTOR:
City Manager's Office
City of Virginia Beach
2401 Courthouse Drive, Building 1
Virginia Beach, V A 23456
6
EI-EI-11401
With copy to:
City Attorney's Office
City of Virginia Beach
2401 Courthouse Drive, Building 1
Virginia Beach, VA 23456
To GOVERNMENT:
Commanding Officer
Naval Air Station, Oceana
1750 Tomcat Boulevard
Virginia Beach, Virginia 23460
With copy to:
Commanding Officer (ATTN: OPHRRES)
Naval Facilities Engineering Command, Mid-Atlantic
9742 Maryland Avenue
Norfolk, Virginia 23511-3095
The GRANTOR is responsible for ensuring that the GOVERNMENT's address is current
at the time of any notification. The GOVERNMENT is responsible for ensuring that the
GRANTOR's address is current at the time of any notification.
The GRANTOR covenants with the GOVERNMENT that it is seized of said Property in
fee simple; that GRANTOR has the right to convey, and voluntarily conveys for the agreed upon
price, this Easement with the additional authority for the GOVERNMENT to control and restrict
the use and development of GRANTOR's Property as provided in this Easement; that
GRANTOR has done nothing to impair such title as GRANTOR received; and the GRANTOR
will warrant and defend the title against the lawful claims of all persons claiming by, under or
through GRANTOR.
7
EI-EI-11401
IN WITNESS WHEREOF, the GRANTOR has caused this GRANT OF EASEMENT to
be executed as of the day and year first written.
UNITED STATES OF AMERICA
DEPARTMENT OF THE NAVY
By tfl{~~----;'
Matthew D. Kurtz
Real Estate Contracting Officer
By direction, Naval Facilities
Engineering Command, Mid-Atlantic
9742 Maryland Avenue
Norfolk, Virginia 23511-2699
State of Virginia
)
)
)
City of V.d!6J;VaJ- ~7'tcf/
I, fJ4T1UCRfJ NDoU 11191l!(..nls , a Notary Public for the State at Large,
hereby certify that Matthew D. Kurtz, whose name as such is signed to the foregoing Easement
has this day acknowledged the same before me in the City and State aforesaid.
."fl11H -1..1.""-
.."", MO~oo,J1nder my hand this ~ day of 'v UAht:" , 200~t.
........ CJ\i>- ...... f;.: " ~ JZt ~ J:w,J
~... ~,,"'NOTARY<:J" ":... . VI.
: ~.. PUBLIC "\ '::. a(;L U';
~ Q..:" REG # 212944 ~ (j) ':~ Notary Public
: (') : MY COMMISSION : :~
~ 0 ". EXPIRES ,;' ::S.:
~~ ....oM~;@m1l1~ston expires: (p -30 '-0')
",,~1t,f:ket!t~t~~i/i1Umber: ,()I eX 7 1ft.!
,,/l::AL i1-1 0'"( ~\~.
""lfHII"
8
'I
EI-EI-11401
CITY OF VIRGINIA BEACH
APPROVED AS TO CONTENT
By~L~~
Attest:
B'J=r~ 1JlWtL
APPROVED AS TO
LEGAL SUFFICIENCY
iLcfJiRJ\ ~
City Attorney's Office
State of Virginia
City of V~fl6:PJ.z:T-t t€'JcnoJ
)
)
)
I, (JfJiR-~ flood /J:JtJHrJJ~ , a Notary Public for the State at Large,
hereby certify that rAtnG6 1<.. ,jpoJlG . whose name as such is signed
to the foregoing Easement has this day acknowledged the same before me in the City
~'Sof&t~ tlfp.resaid.
.... \/I \) i?[" ",
0:-'" ,}i^ ........ J.;<! '..
i'~~,""'=.Ji?'~~~my hand this ;fAd day of .;JtL;J~ ,200J
: 4:: REG # 212944 .~ (f) ';; f I~ 'J,.,~ rll,)
; C"l ~MYCOMMISSIQN} 'J: ~~ \., t!w! (!Yj~ Nod~
,:,. 9-". EXPIRES :.:-;: 1t P bl'
.~, '1', ". 06/30/2009 ... ~ ~:;' otary u lC
....:,.. /") '-. .-' r[.::; ,'..
..',\..,-!..! ........ \~...'
.. ,'. ' "1-:r::- TJ:t...a!. '. .j'
'MY;'1$:-{\l.\I.'\-sSlOn expires:
Registration number:
q -.30 .- t) 1
.1//2. () Jf1
9
State of Virginia
)
)
)
City of
1I17l6':FJJ.:rn- BOJcH
I, fJATtUC-t.71/ll)N!E /-)A J.)I<:nJ.5, a Notary Public for the State at Large,
hereby certify that Jet/TN fh Dot::.; FIMScF;() . whose name as such is signed
to the foregoing Easement has this day acknowledged the same before me in the City
and State aforesaid.
.,....Gi)l,yn under my hand this Jtca day of
." I"
..... ~OORE It. "
..- '\~ ...... .... 1",/ .~....
~ :-SJ .'"NOTARY ....'1;- -:.
... f!! .. P\JBLlC '. 'I ~.
= · .<f)~
= Cl i REG#212944: -:;;
: : MY COMMISSION : ~ :,;
-; '6.... M~gfu~@1fll expires: (p "-3D .-()?
~.. ~"'.~e'~~~ti'n.~tnnnber: a../:)'9H
"70IfAA~<9.... <:~v..
""i; YVE A L T'rI 0:",....
'",,,..,,,,
\Tt.u) If" , 200 1-
y1ah?-tta) >n ~'- f}od~
Notary Public
10
II
EI-EI-11401
EXHIBIT A
To Grant of Easement
Table from CZO g 1804
TABLE 1 - AIR INST ALLA TIONS COMPATIBLE USE ZONES LAND USE
COMPATIBILITY IN NOISE ZONES
Land Use Land Use
Compatibility
Land Use Name 70-75 dB > 7 5 dB
DNL DNL
Residential and Related
Single-family dwellings N N
Semidetached dwellings N N
Attached dwellings/townhouses N N
Duplexes N N
Multiple-family dwellings N N
Dormitories and other group quarters N N
Mobile home parks N N
Hotels and motels N N
Other residential uses N N
Manufacturing
Food & kindred products; manufacturing Y Y
Textile mill products; manufacturing Y Y
Apparel and other finished products; products made from fabrics, Y y
leather and similar materials; manufacturing
Lumber and wood products (except furniture); manufacturing y y
Furniture and fixtures; manufacturing Y Y
Paper and allied products; manufacturing y Y
Printing, publishing, and allied industries Y Y
Chemicals and allied products; manufacturing y Y
Petroleum refining and related industries Y Y
Rubber and misc. plastic products; manufacturing Y Y
Stone, clay and glass products; manufacturing Y y
Primary metal products; manufacturing y y
Fabricated metal products; manufacturing Y y
Professional scientific, and controlling instmments; photographic y y
and optical goods; watches and clocks
Miscellaneous manufacturing y y
Transportation, communication and utilities
Railroad, rapid rail transit, and street railway transportation Y y
Motor vehicle transportation Y y
Aircraft transportation Y y
Marine craft transportation Y y
Highway and street right-of-way y y
Automobile parking y y
Communication Y y
Utilities Y y
Other transportation, communication and utilities Y y
Trade
Wholesale trade y y
Retail trade - building materials, hardware and fann equipment Y y
Retail trade - general merchandise y y
Retail trade - food y y
Retail trade - automotive, marine craft, aircraft and accessories y y
Retail trade - apparel and accessories y y
Services
Retail trade - furniture, home, furnishings and equipment Y y
Retail trade - eating and drinking establishments Y y
Other retail trade y y
Finance, insurance and real estate services Y y
Personal services y y
'I
Cemeteries y y
Business services y y
Warehousing and storage y y
Repair services y y
Professional services y y
Hospitals, other medical fac. y N
Nursing homes N N
Contract construction services Y y
Government services y y
Educational services Y N
Miscellaneous y y
Cultural, entertainment and recreational
Cultural activities (& churches) y N
Nature exhibits N N
Public assembly halls N N
Auditoriums, concert halls y N
Outdoor music shells, amphitheaters N N
Outdoor sports arenas, spectator sports Y N
Other outdoor recreational facilities Y y
Indoor recreational facilities y y
Campgrounds y N
Parks y N
Other cultural, entertainment and recreation Y N
Resource Production and Extraction
Agriculture (except live stock) y y
Livestock farming y N
Animal breeding y N
Agriculture related activities y y
Forestry activities Y Y
Fishing activities y y
Mining activities y y
Other resource production or extraction Y y
EI-11282
Prepared by:
United States of Amelica
Commanding Officer (Attn: Code OPHRRES)
Naval Facilities Engineering Conunand Mid Atlantic
9742 Malyland Avenue,
Notfolk, VA 23511-3095
All cOlTespondence pCltaining to
this Easement should reference
No. N40085-09-RP-00162
EXEMPTED FROM RECORDA TlON TAXES
UNDER SECTIONS 58. 1-8] ] (A)(3)
AND 58.1-81 1 (C)(4)
EXEMPT PURSUANT TO g7.1-22(c)
GRANT OF EASEMENT
THIS EASEMENT, made this 3rd day of June, 2009 by and between the CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, hereinafter
called the GRANTOR, and the UNITED STATES OF AMERICA, hereinafter called the
GOVERNMENT ("the GRANTEE");
WITNESSETH:
WHEREAS, the GRANTOR is the sole owner in fee simple of certain property
("Property"), hereinafter described as a tract ofland containing 30.878 acres, more or less,
located in the City of Virginia Beach, State of Virginia and situated near Naval Air Station,
Oceana, Virginia Beach, Virginia and Naval Auxiliary Landing Field, Fentress, Chesapeake,
Virginia, hereinafter called the INSTALLATIONS;
WHEREAS, it is in the public interest to limit development or use of the Property in the
vicinity of the INSTALLATIONS that would be incompatible with its mission and/or might
interfere, whether directly or indirectly, with cun-ent or anticipated military training, testing or
operations on such INSTALLATIONS; and
WHEREAS, the GRANTOR and GOVERNMENT have entered into a Multi-Year
Agreement pursuant to 10 U.S.C. 2684a to acquire property interests that would be incompatible
with the mission of the INSTALLATIONS and otherwise meet the mutual objectives of the
GRANTOR and GOVERNMENT.
NOW THEREFORE, in consideration of the sum of Seven Hundred Thousand and
Noll 00 Dollars ($700,000.00), the receipt and sufficiency of which are hereby acknowledged,
the GRANTOR does hereby grant and convey to the GOVERNMENT, a perpetual easement
GPINs: 1484-21-5994 and 1484-22-6306
1
EI-11282
appurtenant to restrict the use and development of said Property that would encumber, impede,
limit or otherwise be incompatible, as defined herein, with the mission of the
INSTALLATIONS, and to provide for ingress and egress for the purpose of monitoring
compliance with the easement, on, over and across said Propeliy more particularly described as:
Easement on, over and across:
GPIN: 1484-21-5994:
ALL OF THAT certain lot, piece or parcel of land, situate, lying
and being in the City of Virginia Beach, Virginia, more
particularly described as GPIN No. 1484-21-5994 on that certain
physical survey dated July 1, 2003 prepared by Midgette &
Associates, P.C. entitled, "Physical Survey of GPIN-1484-21-
5994, D.B. 816 PG. 195, Virginia Beach, Virginia" made for
Claudia M. Guitierrez, which survey is recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia,
as Instrument Number 200308050120523, to which reference is
made for a more particular description.
GPIN: 1484-22-6306
ALL OF THAT certain lot, piece or parcel of land, situate, lying
and being in the City of Virginia Beach, Virginia, more
particularly described as GPIN No. 1484-22-6306 on that certain
physical survey dated February 20, 2003 prepared by Midgette &
Associates, P.C. entitled, "Physical Survey of GPIN-1484-22-
6306, D.B. 1703 PG. 476, Virginia Beach, Virginia" made for
Claudia M. Guitierrez, which survey is recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia,
as Instrument Number 200308050120522, to which reference is
made for a more particular description.
IT BEING an easement over the same property acquired by the
GRANTOR by deed from AGAR, L.L.C., a Virginia limited
liability company, dated September 9, 2008 and recorded in the
aforesaid Clerk's Office as Instrument Number
20080912001082060.
2
EI-11282
The Easement and rights for restrictions, inf,Tress and egress are described as follows:
1. Restricted Uses and Development Rh?:hts. Any activity or use of the Property inconsistent
with the purpose of this Easement is prohibited. Without limiting the generality of the foregoing,
and except as specifically pennitted, the following activities and uses are expressly prohibited:
a. All activities EXCEPT those listed as compatible (Y) in the City Zoning Ordinance
(Appendix A to the Code of the City of Virginia Beach) (CZO), as enacted as ofthe
date of the date of the Multi-Year Agreement, by and between the City and the
Government, as executed on September 25,2007, a copy of which is attached hereto
as Exhibit A and incorporated herein by this reference, as follows:
1. For Property within the 65-70 db DNL and 70-75 dB DNL Noise Zone,
those uses listed as compatible with the 70-75 dB DNL Noise Zone in
Table 1 within CZO 91804, as enacted as of the date of the date ofthe
Multi-Year Agreement, by and between the City and the Government, as
executed on September 25,2007.
11. For Property within the >75 dB DNL Noise Zone, those uses listed as
compatible with the >75 dB DNL Noise Zone in Table 1 within CZO
91804, as enacted as of the date of the date of the Multi-year agreement,
by and between the City and the Government, as executed on September
25,2007.
b. Human Habitation. The Property may not be used for human habitation, including but
not limited to nursing homes and temporary accommodations such as cabins, trailers,
R V s, tents, etc.
c. Height Restrictions. No structure which on the basis of its height would constitute an
obstruction to air navigation pursuant to Part 77 of the Federal Aviation Administration
Regulations, 14 CFR.
d. Lighting. All lighting equipment, including but not limited to floodlights and
searchlights, and all protective lighting, such as streetlights, shall have positive optical
control that shines downward so that no direct light is emitted above the horizontal plane.
e. Other Operational & Training Hazards. No operations of any type are pennitted that
produce smoke, glare or other visual hazards, or encourage concentrations of birds, such
as bird feeding stations, ponds, (except as otherwise allowed herein) and mature crops
left un-harvested, that may be dangerous for aircraft operating from the
INSTALLATIONS. Controlled burns for agricultural purposes, habitat improvement and
mitigation of fire hazards must be agreed to in writing by all parties to this Easement
prior to commencing said activities.
3
EI-11282
f. Construction. New construction of any structure or edifice, and any other additions to,
or alterations of the Property are prohibited except for those improvements or alterations
deemed to be reasonably necessary to the allowed uses of the Property defined within
this paragraph1, and to address any storm water management issues on or affecting the
Property authorized pursuant to paragraph 2( c). GRANTOR shall provide
GOVERNMENT written notice of GRANTOR's intention to undertake any such
construction, together with information on its size, function, capacity and location, not
less than ninety days (90) prior to the commencement thereto in accordance with
paragraph 3 below.
All authorized uses shall be consistent with applicable environmental laws.
2. Reserved Rh!:hts. GRANTOR reserves to itself, its successors and assigns, all rights
accruing from its ownership of the Property that are not expressly prohibited herein and are not
inconsistent with the purposes of this Easement, including but not limited to:
a. Controlling predatory and problem animals by the use of selective control techniques.
b. Managing and harvesting of all forests on the Property consistent with Virginia State
Forestry Department Guidelines, as they may be amended from time to time.
c. Establishing retention or detention ponds or impoundments to ameliorate storm water
runoff on or affecting the Property. GRANTOR, in consultation with and with prior
approval of GOVERNMENT, will be permitted to create such storm water
impoundments on the Property, provided they are not enhanced for the attraction of
waterfowl. However, should the impoundments or other improvements made attract
such a concentration of birds to the extent that they cause a training or operational
hazard, the GRANTOR, upon the request of the GOVERNMENT, shall remove the
improvements to the extent required to ameliorate the training or operational hazard
created. Such removal work shall be at the sole cost of the GRANTOR.
3. Notification Provisions.
a. Notice ofIntent to Undertake New Uses and Construction. Whenever GRANTOR
plans to undertake a new use or perfonn new construction on the Property,
GRANTOR will notify the GOVERNMENT in writing by certified mail not less than
ninety days (90) prior to the date that GRANTOR intends to undertake the activity in
question. The notice shall describe the nature, scope, design, location, timetable, and
any other material aspect of the proposed activity in sufficient detail to permit the
GOVERNMENT to make an informed judgment as to its consistency with the
purpose of this Easement. Failure of GRANTOR to give such notice shall be deemed
a breach of the terms of this Agreement. Furthermore, should GRANTOR undertake
4
EI-11282
to make any improvements to control stonnwater runoff pursuant to paragraph 2(c)
above, the provisions of this paragraph shall apply.
b. GOVERNMENT 's Approval. Within ninety (90) days of receipt of the request, the
GOVERNMENT will grant or withhold its approval in writing. The
GOVERNMENT 's approval may be withheld only upon a reasonable determination
by the GOVERNMENT that the use or construction proposed would be inconsistent
with the purpose of this Easement and the restrictions on the use of the Property
included herein.
4. Monitoring;. Enforcement and Remedies.
a. The GOVERNMENT may enter upon the Property on an annual basis in order to
monitor GRANTOR's compliance with the tenns of this Easement or at any time upon an
event of noncompliance with the terms of this Easement to enforce the term of this
Easement; provided that GOVERNMENT will provide at least ten (10) days notice of
such entry to GRANTOR, except when there is a threat of imminent harm of personal
injury or property damage. GOVERNMENT shall not unreasonably interfere with
GRANTOR's use and quiet enjoyment of the Property.
b. In the event of breach by GRANTOR of any terms, conditions, or obligations created
by this Easement, the GRANTOR shall be afforded ninety (90) days from the receipt of
GOVERNMENT's notice of non-compliance to cure the subject breach, except where
irreparable harm may result from any delay in curing a breach. The GOVERNMENT
may grant a reasonable extension oftime to complete the cure if it is determined by the
GOVERNMENT to be necessary. In the event that the non-compliance is not cured
within the ninety (90) day time frame, or extension of time if granted by the
GOVERNMENT, the GOVERNMENT may:
i. take necessary actions to correct the non-compliance and upon request by
GOVERNMENT, GRANTOR shall reimburse GRANTEE for its reasonable actual
costs incurred to correct the non-compliance; and/or
ii. institute mediation or other alternative dispute resolution strategy that is agreed
to by the parties; or
iii. institute suits to enjoin any breach or enforce any term by injunction.
The GOVERNMENT's remedies shall be cumulative and shall be in addition to any other lights
and remedies available to the GOVERNMENT at law or equity. Enforcement of the terms of
this Easement shall be at the discretion of the GOVERNMENT. No failure on the part ofthe
GOVERNMENT to enforce any tenn hereof shall discharge or invalidate such term or any other
5
EI-11282
term hereof or affect the right of the GOVERNMENT to enforce the same in the event of a
subsequent breach or default.
5. Costs and Liabilities. GRANTOR retains all responsibilities and shall bear all costs and
liabilities of any kind related to the ownership and maintenance of the Property.
6. Subsequent Transfers. GRANTOR agrees to incorporate the terms of this Easement in any
deed or other legal instrument by which it divests itself of any interest in the Property, including
a leasehold interest. GRANTOR further agrees to give written notice to the GOVERNMENT of
the conveyance at least 30 days prior to the date of conveyance.
7. Notices. Notice shall be considered as provided upon delivery to the respective owners of
record for interests in property, unless otherwise agreed to in writing. Any notice, approval or
communication that the GRANTOR is required to give to the GOVERNMENT in writing may
be served personally or mailed to:
To GRANTOR:
City Manager's Office
City of Virginia Beach
2401 Courthouse Drive, Building 1
Virginia Beach, VA 23456
With copy to:
City Attorney's Office
City of Virginia Beach
2401 Courthouse Drive, Building 1
Virginia Beach, VA 23456
To GOVERNMENT:
Commanding Officer
Naval Air Station, Oceana
1750 Tomcat Boulevard
Virginia Beach, Virginia 23460
With copy to:
Commanding Officer (ATTN: OPHRRES)
Naval Facilities Engineering Command, Mid-Atlantic
9742 Maryland A venue
Norfolk, Virginia 23511-3095
6
EI-11282
The GRANTOR is responsible for ensuring that the GOVERNMENT's address is current
at the time of any notification. The GOVERNMENT is responsible for ensuring that the
GRANTOR's address is current at the time of any notification.
The GRANTOR covenants with the GOVERNMENT that it is seized of said Property in
fee simple; that GRANTOR has the right to convey, and voluntarily conveys for the agreed upon
price, this Easement with the additional authority for the GOVERNMENT to control and restrict
the use and development of GRANTOR's Property as provided in this Easement; that
GRANTOR has done nothing to impair such title as GRANTOR received; and the GRANTOR
will warrant and defend the title against the lawful claims of all persons claiming by, under or
through GRANTOR.
IN WITNESS WHEREOF, the GRANTOR has caused this GRANT OF EASEMENT to
be executed as of the day and year first written.
UNITED STATES OF AMERICA
DEPARTMENT OF THE NAVY
By:~
Matthew D. Kurtz
Real Estate Contracting Officer
By direction, Naval Facilities
Engineering Command, Mid-Atlantic
9742 Maryland Avenue
Norfolk, Virginia 23511-2699
)
)
City of V XfC.6:P).'P} l8e71ef/ )
I, fh771~m-I100v A/)IJfb::ps , a Notary Public for the State at Large,
hereby certify that Matthew D. Kurtz, whose name as such is signed to the foregoing Easement
has this day acknowledged the same before me in the City and State aforesaid.
Given under my hand this ~) day of Jv...#JG ,2009.
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State of Virginia
7
APPROVED AS TO CONTENT
APPROVED AS TO
LEGAL SUFFICIENCY
Ciry~'~
State of Virginia
City of V:rteG-nJ.m l3a:Jcfl
EI-11282
CITY OF VIRGINIA BEACH
B~k.~~
Attest:
B~~d1n1'-0
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I, (J~T~a-~ I-Io/),{[ ll/JtJx,:Ws , a Notary Public for the State at Large,
hereby certify that\TIo/YJ~6 K- I 0PDIZG . whose name as such is signed
to the foregoing Easement has this day acknowledged the same before me in the City
fWd.~t~, aforesaid.
.....'" ~OORE: /J"""
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~ ;f) ,"N01.€)q'1V~ 111na~r my hand this
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Notary Public
t, ~ .30-0 'j
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8
I, Ihrhe~ fl1t'OIZC I-!/JN~~ a Notary Public for the State at Large,
hereby certify that ffu11-I !laJ)(jes; t=t2(1.Sc.KJ . whose name as such is signed
to the foregoing Easement has this day acknowledged the same before me in the City
.iJM..~~ate aforesaid.
"~I I"
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..........~~:..NOTA~er;~der my hand this .11\(;1 day of
:: f!:.. PUBLIC '. ~t- ~.
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: : MY COMMISSION': <( :,:
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State of Virginia
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City of V..J:/2.6:n):m ftAttJ
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EI-11282
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Notary Public
9
EXHIBIT A
To Grant of Easement
Table from CZO S 1804
TABLE 1 - AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE
COMPATIBILITY IN NOISE ZONES
Land Use Land Use
Compatibility
Land Use Name 70-75 dB >75 dB
DNL DNL
Residential and Related
Single-family dwellings N N
Semidetached dwellings N N
Attached dwellings/townhouses N N
Duplexes N N
Multiple-family dwellings N N
Dormitories and other group quarters N N
Mobile home parks N N
Hotels and motels N N
Other residential uses N N
Manufacturing
Food & kindred products; manufacturing Y Y
Textile mill products; manufacturing Y Y
Apparel and other finished products; products made fi'om fabrics, y Y
leather and similar materials; manufacturing
Lumber and wood products (except furniture); manufacturing y Y
Furniture and fixtures; manufacturing y Y
Paper and allied products; manufacturing y Y
Printing, publishing, and allied industries Y Y
Chemicals and allied products; manufacturing Y Y
Petroleum refining and related industries Y Y
Rubber and misc. plastic products; manufacturing y Y
Stone, clay and glass products; manufacturing Y Y
:1
Primary metal products; manufacturing y y
Fabricated metal products; manufacturing y y
Professional scientific, and controlling instruments; photographic y y
and optical goods; watches and clocks
Miscell aneous manufacturing y y
Transportation, communication and utilities
Railroad, rapid rail transit, and street railway transportation y y
Motor vehicle transportation y y
Aircraft transportation y y
Marine craft transportation y y
Highway and street right-of-way y y
Automobile parking y y
Communication y y
Utilities y y
Other transportation, communication and utilities y y
Trade
Wholesale trade y y
Retail trade - building materials, hardware and farm equipment Y Y
Retail trade - general merchandise y y
Retail trade - food y y
Retail trade - automotive, marine craft, aircraft and accessories y y
Retail trade - apparel and accessories y y
Services
Retail trade - furniture, horne, furnishings and equipment y y
Retail trade - eating and drinking establishments y Y
Other retail trade y y
Finance, insurance and real estate services y y
Personal services y y
Cemeteries Y Y
Business services y y
Warehousing and storage Y y
Repair services y y
Professional services Y y
Hospitals, other medical fac. y N
Nursing homes N N
Contract construction services Y y
Government services y y
Educational services y N
Miscellaneous y y
Cultural, entertainment and recreational
Cultural activities (& churches) y N
Nature exhibits N N
Public assembly halls N N
Auditoriums, concert halls y N
Outdoor music shells, amphitheaters N N
Outdoor sports arenas, spectator sports y N
Other outdoor recreational facilities y y
Indoor recreational facilities y y
Campgrounds y N
Parks y N
Other cultural, entertainment and recreation y N
Resource Production and Extraction
Agriculture (except live stock) y y
Livestock farming y N
Animal breeding y N
Agriculture related activities y y
I
Forestry activities y y
Fishing activities y y
Mining activities y y
Other resource production or extraction y y
EI-10153
Prepared by:
United States of America
Commanding Officer (Attn: Code OPHRRES)
Naval Facilities Engineering COIlU11and Mid Atlantic
9742 Maryland Avenue,
Norfolk, VA 23511-3095
All correspondence pel1aining to
this Easement should reference
No. N40085-09-RP-00161
EXEMPTED FROM RECORDA TION TAXES
UNDER SECTIONS 58.1-81 1 (A)(3)
AND 58.1-81 1 (C)(4)
EXEMPT PURSUANT TO g7.1-22(c)
GRANT OF EASEMENT
THIS EASEMENT, made this 3rd day of June, 2009 by and between the CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, hereinafter
called the GRANTOR, and the UNITED STATES OF AMERICA, hereinafter called the
GOVERNMENT ("the GRANTEE");
WITNESSETH:
WHEREAS, the GRANTOR is the sole owner in fee simple of certain property
("Property"), hereinafter described as a tract ofland containing 51.844 acres, more or less,
located in the City of Virginia Beach, State of Virginia and situated near Naval Air Station,
Oceana, Virginia Beach, Virginia and Naval Auxiliary Landing Field, Fentress, Chesapeake,
Virginia, hereinafter called the INSTALLATIONS;
WHEREAS, it is in the public interest to limit development or use of the Property in the
vicinity of the INSTALLATIONS that would be incompatible with its mission and/or might
interfere, whether directly or indirectly, with current or anticipated military training, testing or
operations on such INST ALLA TIONS; and
WHEREAS, the GRANTOR and GOVERNMENT have entered into a Multi-Year
Agreement pursuant to 10 U.S.C. 2684a to acquire property interests that would be incompatible
with the mission of the INSTALLATIONS and otherwise meet the mutual objectives ofthe
GRANTOR and GOVERNMENT.
NOW THEREFORE, in consideration of the sum of Seven Hundred Twenty-Three
Thousand Six Hundred Seventy-Four and 501100 Dollars ($723,674.50), the receipt and
sufficiency of which are hereby acknowledged, the GRANTOR does hereby grant and
GPIN: 1483-38-6300
EI-10153
and convey to the GOVERNMENT, a perpetual easement appurtenant to restrict the use and
development of said Property that would encumber, impede, limit or otherwise be incompatible,
as defined herein, with the mission of the INSTALLATIONS, and to provide for ingress and
egress for the purpose of monitoring compliance with the easement, on, over and across said
Property more particularly described as:
Easement on, over and across:
ALL THAT certain lot, piece or parcel of land, lying, situate and
being in the City of Virginia Beach, Virginia and designated and
described as "PROPERTY TO BE ACQUIRED BY THE CITY OF
VIRGINIA BEACH AREA = 51.84356 ACRES GPIN 1483-38-
6300," on that certain plat entitled, "PLAT SHOWING A TRACT OF
LAND TO BE ACQUIRED BY THE CITY OF VIRGINIA BEACH
FROM HARRY A. POTTER, VIRGINIA BEACH, VIRGINIA,"
Scale: l' = 200', dated June 5, 2007, prepared by Survey Bureau,
Engineering Division, Department of Public Works, City of Virginia
Beach, Virginia, which plat is duly recorded in the Clerk's Office of
the Circuit Comi of the City of Virginia Beach, Virginia as
Instrument 20070808001080320, to which reference is made for a
more particular description.
IT BEING an easement over the same property acquired by the
GRANTOR by deed from Harry A. Potter recorded in the Clerk
Office of the Circuit Court of the City of Virginia Beach, as
Instrument Number 20070829001181280.
The Easement and rights for restrictions, ingress and egress are described as follows:
1. Restricted Uses and Development Rights. Any activity or use of the Property inconsistent
with the purpose of this Easement is prohibited. Without limiting the generality of the foregoing,
and except as specifically permitted, the following activities and uses are expressly prohibited:
a. All activities EXCEPT those listed as compatible (Y) in the City Zoning Ordinance
(Appendix A to the Code of the City of Virginia Beach) (CZO), as enacted as of the
date of the date of the Multi-Year Agreement, by and between the City and the
Government, as executed on September 25, 2007, a copy of which is attached hereto
as Exhibit A and incorporated herein by this reference, as follows:
1. For Property within the 65-70 db DNL and 70-75 dB DNL Noise Zone,
those uses listed as compatible with the 70-75 dB DNL Noise Zone in
Table 1 within CZO S 1804, as enacted as of the date of the date of the
2
EI-10153
Multi- Year Agreement, by and between the City and the Government, as
executed on September 25, 2007.
11. For Property within the >75 dB DNL Noise Zone, those uses listed as
compatible with the >75 dB DNL Noise Zone in Table 1 within CZO
S 1804, as enacted as of the date of the date of the Multi-year agreement,
by and between the City and the Government, as executed on September
25,2007.
b. Human Habitation. The Property may not be used for human habitation, including but
not limited to nursing homes and temporary accommodations such as cabins, trailers,
R V s, tents, etc.
c. Height Restrictions. No structure which on the basis of its height would constitute an
obstruction to air navigation pursuant to Part 77 of the Federal Aviation Administration
Regulations, 14 CFR.
d. Lighting. All lighting equipment, including but not limited to floodlights and
searchlights, and all protective lighting, such as streetlights, shall have positive optical
control that shines downward so that no direct light is emitted above the horizontal plane.
e. Other Operational & Training Hazards. No operations of any type are permitted that
produce smoke, glare or other visual hazards, or encourage concentrations of birds, such
as bird feeding stations, ponds, (except as otherwise allowed herein) and mature crops
left un-harvested, that may be dangerous for aircraft operating from the
INSTALLATIONS. Controlled bums for agricultural purposes, habitat improvement and
mitigation of fire hazards must be agreed to in writing by all parties to this Easement
prior to commencing said activities.
f. Construction. New construction of any structure or edifice, and any other additions to,
or alterations of the Property are prohibited except for those improvements or alterations
deemed to be reasonably necessary to the allowed uses of the Property defined within
this paragraph1, and to address any storm water management issues on or affecting the
Property authorized pursuant to paragraph 2(c). GRANTOR shall provide
GOVERNMENT written notice of GRANTOR's intention to undertake any such
construction, together with information on its size, function, capacity and location, not
less than ninety days (90) prior to the commencement thereto in accordance with
paragraph 3 below.
All authorized uses shall be consistent with applicable environmental laws.
3
EI-10153
2. Reserved Ril!hts. GRANTOR reserves to itself, its successors and assigns, all rights
accruing from its ownership of the Property that are not expressly prohibited herein and are not
inconsistent with the purposes of this Easement, including but not limited to:
a. Controlling predatory and problem animals by the use of selective control techniques.
b. Managing and harvesting of all forests on the Property consistent with Virginia State
Forestry Department Guidelines, as they may be amended from time to time.
c. Establishing retention or detention ponds or impoundments to ameliorate storm water
runoff on or affecting the Property. GRANTOR, in consultation with and with prior
approval of GOVERNMENT, will be permitted to create such storm water
impoundments on the Property, provided they are not enhanced for the attraction of
waterfowl. However, should the impo undments or other improvements made attract
such a concentration of birds to the extent that they cause a training or operational
hazard, the GRANTOR, upon the request of the GOVERNMENT, shall remove the
improvements to the extent required to ameliorate the training or operational hazard
created. Such removal work shall be at the sole cost ofthe GRANTOR.
3. Notification Provisions.
a. Notice ofIntent to Undertake New Uses and Construction. Whenever GRANTOR
plans to undertake a new use or perform new construction on the Property,
GRANTOR will notify the GOVERNMENT in writing by certified mail not less than
ninety days (90) prior to the date that GRANTOR intends to undertake the activity in
question. The notice shall describe the nature, scope, design, location, timetable, and
any other material aspect of the proposed activity in sufficient detail to permit the
GOVERNMENT to make an informed judgment as to its consistency with the
purpose of this Easement. Failure of GRANTOR to give such notice shall be deemed
a breach of the terms of this Agreement. Furthermore, should GRANTOR undertake
to make any improvements to control stormwater runoff pursuant to paragraph 2(c)
above, the provisions ofthis paragraph shall apply.
b. GOVERNMENT's Approval. Within ninety (90) days of receipt of the request, the
GOVERNMENT will grant or withhold its approval in writing. The
GOVERNMENT's approval may be withheld only upon a reasonable determination
by the GOVERNMENT that the use or construction proposed would be inconsistent
with the purpose of this Easement and the restrictions on the use of the Property
included herein.
4
EI-10153
4. Monitoring:. Enforcement and Remedies.
a. The GOVERNMENT may enter upon the Propeliy on an annual basis in order to
monitor GRANTOR's compliance with the terms of this Easement or at any time upon an
event of noncompliance with the terms of this Easement to enforce the term of this
Easement; provided that GOVERNMENT will provide at least ten (10) days notice of
such entry to GRANTOR, except when there is a threat of imminent harm of personal
injury or property damage. GOVERNMENT shall not unreasonably interfere with
GRANTOR's use and quiet enjoyment ofthe Property.
b. In the event of breach by GRANTOR of any terms, conditions, or obligations created
by this Easement, the GRANTOR shall be afforded ninety (90) days from the receipt of
GOVERNMENT's notice of non-compliance to cure the subject breach, except where
irreparable harm may result from any delay in curing a breach. The GOVERNMENT
may grant a reasonable extension of time to complete the cure ifit is determined by the
GOVERNMENT to be necessary. In the event that the non-compliance is not cured
within the ninety (90) day time frame, or extension of time if granted by the
GOVERNMENT, the GOVERNMENT may:
i. take necessary actions to correct the non-compliance and upon request by
GOVERNMENT, GRANTOR shall reimburse GRANTEE for its reasonable actual
costs incurred to correct the non-compliance; and/or
ii. institute mediation or other alternative dispute resolution strategy that is agreed
to by the parties; or
iii. institute suits to enjoin any breach or enforce any tenn by injunction.
The GOVERNMENT's remedies shall be cumulative and shall be in addition to any other rights
and remedies available to the GOVERNMENT at law or equity. Enforcement of the terms of
this Easement shall be at the discretion of the GOVERNMENT. No failure on the part ofthe
GOVERNMENT to enforce any tenn hereof shall discharge or invalidate such term or any other
term hereof or affect the right of the GOVERNMENT to enforce the same in the event of a
subsequent breach or default.
5. Costs and Liabilities. GRANTOR retains all responsibilities and shall bear all costs and
liabilities of any kind related to the ownership and maintenance of the Property.
6. Subsequent Transfers. GRANTOR agrees to incorporate the tenns of this Easement in any
deed or other legal instrument by which it divests itself of any interest in the Property, including
a leasehold interest. GRANTOR further agrees to give written notice to the GOVERNMENT of
the conveyance at least 30 days prior to the date of conveyance.
5
EI-10153
7. Notices. Notice shall be considered as provided upon delivery to the respective owners of
record for interests in property, unless otherwise agreed to in writing. Any notice, approval or
communication that the GRANTOR is required to give to the GOVERNMENT in writing may
be served personally or mailed to:
To GRANTOR:
City Manager's Office
City of Virginia Beach
2401 Courthouse Drive, Building 1
Virginia Beach, VA 23456
With copy to:
City Attorney's Office
City of Virginia Beach
2401 Courthouse Drive, Building 1
Virginia Beach, V A 23456
To GOVERNMENT:
Commanding Officer
Naval Air Station, Oceana
1750 Tomcat Boulevard
Virginia Beach, Virginia 23460
With copy to:
Commanding Officer (A TIN: OPHRRES)
Naval Facilities Engineering Command, Mid-Atlantic
9742 Maryland Avenue
Norfolk, Virginia 23511-3095
The GRANTOR is responsible for ensuring that the GOVERNMENT's address is current
at the time of any notification. The GOVERNMENT is responsible for ensuring that the
GRANTOR's address is current at the time of any notification.
The GRANTOR covenants with the GOVERNMENT that it is seized of said Property in
fee simple; that GRANTOR has the right to convey, and voluntarily conveys for the agreed upon
price, this Easement with the additional authority for the GOVERNMENT to control and restrict
the use and development of GRANTOR's Property as provided in this Easement; that
GRANTOR has done nothing to impair such title as GRANTOR received; and the GRANTOR
6
EI-10153
will warrant and defend the title against the lawful claims of all persons claiming by, under or
through GRANTOR.
IN WITNESS WHEREOF, the GRANTOR has caused this GRANT OF EASEMENT to
be executed as of the day and year first written.
UNITED STATES OF AMERICA
DEPARTMENT OF THE NAVY
By:
&W1~~ ->
Matthew D. Kurtz
Real Estate Contracting Officer
By direction, Naval Facilities
Engineering Command, Mid-Atlantic
9742 Maryland Avenue
Norfolk, Virginia 23511-2699
State of Virginia
)
)
)
Cityof !/~J4J ~I
"',......,,
", "I,/)_ . - AI J L .
"......,"?- ~??~E.~}.~.zo.nJ- &ctt~ f1HIVK.:z:Nf , a Notary Public for the State at Large,
l~""NO~bj..~~y that Matthew D. Kurtz, whose name as such is signed to the foregoing Easement
g if f RE~f~{J2~.bis'~y~cknow1edged the sam7 before me in the City and State aforesaid.
: :MYCOMMIS~~t@$dermyhand this $~( daYOf~ ,2oo'l .
;'0 \ EXPIRES .:~: -" - ~
-:. ~ ". 06/30/2009... 0l
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My Commission expires: ~ ,-30" c) 9
Registration number: a...1 ,J} if 'fY
7
APPROVED AS TO CONTENT
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Planning e
APPROVED AS TO CONTENT
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APPROVED AS TO
LEGAL SUFFICIENCY
,
;t~ ((YJ
City Attorney's Office
State of Virginia
City of II.PeGpj:I:)1 I3e'lfCH
EI-10153
CITY OF VIRGINIA BEACH
:~~~~
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)
I, fJA112.zt-:nt ;'!tXJ!GC J..IMX.rNS , a Notary Public for the State at Large,
hereby certify that vtWes K SfJd~e , whose name as such is signed
to the foregoing Easement has this day acknowledged the same before me in the City
and State aforesaid.
",."."'~ ~.
........,~~~.~:~~~l.~~~~nder my hand this ~d day of
l "'~ ..' NU1A:"/">":[~, ~,
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-:;...%.....~~/~~orllih..iision expires: ~ .- 3() ..0 <;
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Notary Public
8
State of Virginia
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City of !/ZICGWa7 i!Ja:JCH
1,1
EI-10153
I, !htfl:1:.f.;m NOlJeE /-IrJ-JI1WS , a Notary Public for the State at Large,
hereby certify that tfa-n--I ;Joj)(..:..e..s FfV.JSE/'CJ . whose name as such is signed
to the foregoing Easement has this day acknowledged the same before me in the City
and State aforesaid.
"""""'1
" "
....,,, ~OO RE' '"
...... c;,~"'en~~_tf1)Y hand this
~ r0 .' NOTAR '. '/ '"
: i::::.' PUBLIC '. '-t- -:.
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= c{ i REG # 212944.: ~
: : MY COMMISSION : ~ .:
:: 00.., EXPIRES : :?: ::
... 9'0"
-=:.....~.. 06/30/200 ... gj. ,~
!lr'J,?~rmnl~b~.i:rxpires: q - 3tJ-O 9
Re~~tH~~llb~ber: ~/9.- q+"f
3\~~ day of va-AN;" ,2002-
~'7n()&A.L jJ{l~
Notary Public
9
EXHIBIT A
To Grant of Easement
Table from CZO S 1804
TABLE 1 - AIR INST ALLA TIONS COMPATIBLE USE ZONES LAND USE
COMPATIBILITY IN NOISE ZONES
".
Land Use Land Use
Compatibility
Land Use Name 70-75 dB >75 dB
DNL DNL
Residential and Related
Single-family dwellings N N
Semidetached dwellings N N
Attached dwellings/townhouses N N
Duplexes N N
Multiple-family dwellings N N
Dormitories and other group quarters N N
Mobile home parks N N
Hotels and motels N N
Other residential uses N N
Manufacturing
Food & kindred products; manufacturing Y Y
Textile mill products; manufacturing y y
Apparel and other finished products; products made from fabrics, y y
leather and similar materials; manufacturing
Lumber and wood products (except furniture); manufacturing Y y
Furniture and fixtures; manufacturing Y y
Paper and allied products; manufacturing y y
Printing, publishing, and allied industries Y Y
Chemicals and allied products; manufacturing y y
Petroleum refining and related industries Y y
Rubber and misc. plastic products; manufacturing y y
Stone, clay and glass products; manufacturing y y
Primary metal products; manufacturing y y
Fabricated metal products; manufacturing y y
Professional scientific, and controlling instruments; photographic y y
and optical goods; watches and clocks
Miscellaneous manufacturing y y
Transportation, communication and utilities
Railroad, rapid rail transit, and street railway transportation y y
Motor vehicle transportation y y
Aircraft transportation y y
Marine craft transportation y y
Highway and street right-of-way y y
Automobile parking y y
Communication y y
Utilities y y
Other transportation, communication and utilities y y
Trade
Wholesale trade y y
Retail trade - building materials, hardware and farm equipment y y
Retail trade - general merchandise y y
Retail trade - food y y
Retail trade - automotive, marine craft, aircraft and accessories y y
Retail trade - apparel and accessories y y
Services
Retail trade - furniture, home, furnishings and equipment y y
Retail trade - eating and drinking establishments y y
Other retail trade y y
Finance, insurance and real estate services y y
Personal services y y
Cemeteries y y
Business services y y
Warehousing and storage y y
Repair services y y
Professional services y y
Hospitals, other medical fac. y N
Nursing homes N N
Contract construction services y y
Government services y y
Educational services y N
Miscellaneous y y
Cultural, entertainment and recreational
Cultural activities (& churches) y N
Nature exhibits N N
Public assembly halls N N
Auditoriums, concert halls y N
Outdoor music shells, amphitheaters N N
Outdoor sports arenas, spectator sports y N
Other outdoor recreational facilities y y
Indoor recreational facilities y y
Campgrounds y N
Parks y N
Other cultural, entertainment and recreation y N
Resource Production and Extraction
Agriculture (except live stock) y y
Livestock farming y N
Animal breeding y N
Agriculture related activities y y
Forestry activities y y
Fishing activities y y
Mining activities y y
Other resource production or extraction y y
II
- 39 -
Item V-K.4.
ORDINANCES/RESOL UTIONS
ITEM # 58861
Upon motion by Vice Mayor Jones, seconded by Councilman DeSteph, City Council ADOPTED:
Ordinance to GRANT Theme Restaurants, Inc., t/a II Giardino
Ristorante two five (5) year Franchise Agreements for open air cafes at
the Resort Area.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 26, 2009
,,' III
1 AN ORDINANCE GRANTING THEME
2 RESTAURANTS, INC., TIA IL GIARDINO
3 RISTORANTE, TWO FRANCHISE
4 AGREEMENTS FOR AN OPEN AIR CAFE IN
5 THE RESORT AREA
6
7 WHEREAS, by resolution adopted November 15, 1985, City Council ("Council")
8 authorized the City Manager to promulgate Open Air Cafe Regulations, which have
9 been amended from time to time, for the operation of open air cafes on public property;
10 and
11
12 WHEREAS, the City has developed a franchise agreement for the regulation of
13 open air cafes, which grantees are required to execute as a condition of the grant; and
14
15 WHEREAS, Theme Restaurants is seeking two franchise agreements for the
16 operation of (1) an Atlantic Avenue Side Walk cafe; and (2) an Atlantic Avenue Side
17 Street cafe; and
18
19 WHEREAS, the Convention and Visitors Bureau recommends that Theme
20 Restaurants be granted two five-year franchise agreements for the operation of an
21 Atlantic Avenue Side Walk cafe and an Atlantic Avenue Side Street cafe.
22
23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH:
25
26 That the City Council hereby grants two five-year franchise agreements to
27 Theme Restaurants, Inc., t/a II Giardino Ristorante, subject to the terms and conditions
28 of the franchise agreements and all ordinances, resolutions, and regulations applicable
29 to open air cafes.
30
31 Adopted by the City Council of Virginia Beach, Virginia on this 26th day of May,
32 2009.
A9Lfto~
Convention and Visitors Bureau
L'
Office
CA 11125
R-4
May 12, 2009
III Iii
- 40-
Item V-K5.
ORDINANCES/RESOLUTIONS
ITEM # 58862
Upon motion by Vice Mayor Jones, seconded by Councilman DeSteph, City Council ADOPTED:
Ordinance to AUTHORIZE the City Manager to execute a four (4)
month lease for vehicular parking with the Dolphin Run Condominium
Association, Inc. at 3rd Street and Atlantic Avenue
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 26, 2009
i, 1;1'
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A SHORT-TERM LEASE
3 (4 MONTHS) WITH THE DOLPHIN RUN
4 CONDOMINIUM ASSOCIATION, INC., A VIRGINIA
5 NON-STOCK CORPORATION, FOR A O.09-ACRE
6 PARCEL OF CITY-OWNED LAND LOCATED AT 3m
7 STREET AND ATLANTIC AVENUE
8
9
10 WHEREAS, the City of Virginia Beach ("the City") is the owner of that
11 certain 0.09 acre of land located at 3rd Street and Atlantic Avenue, Virginia
12 Beach, Virginia (the "Premises");
13
14 WHEREAS, the Dolphin Run Condominium Association, Inc. ("Dolphin
15 Run"), a Virginia non-stock corporation, has agreed to pay the City $4,320 for the
16 use of the Premises for a four-month period;
17
18 WHEREAS, Dolphin Run would like to enter into a formal lease
19 arrangement with the City for use of the Premises shown on Exhibit A;
20
21 WHEREAS, the Premises will be utilized as an overflow parking lot for the
22 registered guests of Dolphin Run, and for no other purpose;
23
24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
25 CITY OF VIRGINIA BEACH, VIRGINIA:
26
27 That the City Manager is hereby authorized to execute a lease for a term
28 of less than five years, between the Dolphin Run Condominium Association, Inc.,
29 a Virginia non-stock corporation, and the City, for the 0.09 acre of land located at
30 3rd Street and Atlantic Avenue (the "Premises") in accordance with the Summary
31 of Terms attached hereto as Exhibit B and such other terms, conditions or
32 modifications as may be acceptable to the City Manager and in a form deemed
33 satisfactory to the City Attorney.
34
35 Adopted by the Council of the City of Virginia Beach, Virginia on the 26th day of
36 May, 2009.
1,1
CA-10989
R-1
5/13/09
\ \vbgov .com\dfs 1 \applications\citylawprod\cycom32\Wpdocs\D007\P005\00011835. DOC
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!il III
EXHIBIT B
SUMMARY OF TERMS
LEASE FOR THE USE OF 0.09 ACRE CITY-OWNED PROPERTY
LESSOR: City of Virginia Beach
LESSEE: Dolphin Run Condominium Association, Inc.
PREMISES: Approximately .09-acre parcel of City-owned property located at the comer
of 3rd Street and Atlantic Avenue, known as GPIN: 2427-32-0138
TERM: May 15, 2009 through September 15,2009
RENT: Rent shall be $4,320, payable either in a lump sum or in equal monthly
installments of $1,080.
RIGHTS AND RESPONSmILITIES OF
DOLPHIN RUN CONDOMINIUM ASSOCIATION, INC.:
. Will use the Premises for overflow parking for its guests and for no other purpose.
. Will keep, repair, and maintain the Premises at its expense and will do so in a
workmanlike manner.
. Will maintain commercial general liability insurance coverage with policy limits of
not less than one million dollars ($1,000,000) combined single limits per occurrence,
issued by an insurance company licensed to conduct the business of insurance in
Virginia. Such insurance shall name the City of Virginia Beach as an additional
insured. Lessee shall provide a certificate evidencing the existence of such insurance.
. Will maintain Automobile Liability Insurance including coverage for non-owned
and hired vehicles in an amount not less than five hundred thousand dollars
($500,000) combined single limits per occurrence, issued by an insurance company
licensed to conduct the business of insurance in Virginia. Licensee shall provide a
certificate evidencing the existence of such insurance.
. Will assume the entire responsibility and liability for any and all damages to
persons or property caused by any act or omission of the Lessee or its agents, etc.
associated with the use of the Premises.
. Will comply with all applicable laws, ordinances, and regulations in the
performance of its obligations under the Lease.
RIGHTS AND RESPONSmILITIES OF
THE CITY:
. Will have access to the Premises at any time, without prior notice, in the event of an
emergency or public necessity.
1,1
. Will have the right to require Dolphin Run Condominium Association, Inc. to
surrender possession and control of the Premises to the City upon forty-eight (48)
hours' notice in the discharge ofthe City's powers, purposes, or responsibilities.
. Will have the right to grant easements and rights of way across the Premises for
streets, alleys, public highways, drainage, and other similar purposes.
TERMINATION: The City may terminate the Lease upon providing thirty (30) days'
written notice to Dolphin Run Condominium Association, Inc.
II
- 41 -
Item V-K.6.
ORDINANCES/RESOL UTIONS
ITEM # 58863
Upon motion by Vice Mayor Jones, seconded by Councilman DeSteph, City Council ADOPTED:
Resolution of the CITY OF VIRGINIA BEACH re Spot Blif!ht
Abatement (City Code <S 16-39) Determination at 620 Counselor Square.
D/STRICT 3 - ROSE HALL
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 26, 2009
I" 1,1'
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A RESOLUTION OF THE PLANNING COMMISSION
RECOMMENDING THAT THE PROPERTY AT 620
COUNSELOR SQUARE BE DECLARED BLIGHTED AND
THE PROPERTY ACQUIRED
WHEREAS, the property located at 620 Counselor Square in the City of Virginia
Beach (lithe Property") was placarded as unsafe and the owner, Marlena Evans, notified
by mail of the violations of the Property Maintenance Code;
WHEREAS, the violations were that the Property was vacant and open, and that
the roofing system was collapsing;
, ,
WHEREAS, since January 2002, the Department of Housing and Neighborhood
Preservation ("DHNP") has issued 28 notices of violations, and the owner has
responded to none of these;
WHEREAS, the initial spot blight letter requesting the owner to present a plan
within 30 days was issued January 6, 2009, and there has been no response; and
WHEREAS, DHNP's plan for the Property is that the property should be acquired
by the city and then resold. The structure should be brought into code compliance by
the new owner; as either owner occupied or resold for rent as a quality, affordable
housing unit.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
1.
36-49;
That the Property is blighted, within the meaning of Virginia Code Section
2. That the owner of the Property has failed to cure the blight or present a
reasonable plan to do so;
3. That the plan for the repair or other disposition of the Property is in
accordance with the Comprehensive Plan, City Zoning Ordinance and other applicable
land use regulations; and
4. That the Property is not located within an area listed on the National
Register of Historic Places;
FURTHER, THE PLANNING COMMISSION RECOMMENDS:
That the City Council approve the plan presented by the Department of Housing
and Neighborhood Preservation for the repair or other disposition of the Property, to-wit:
The property should be acquired by the city and then resold. The structure should be
brought into code compliance by the new owner; either as owner occupied or resold for
rent as a quality, affordable housing unit. This recommendation is based on the
, II
48 appraised value of the property, on the type and cost of comparable housing in the
49 area, and on the very unusual opportunity to provide affordable housing.
50
Adopted by the Planning Commission of the City of Virginia Beach, Virginia on
the 26th day of May ,2009.
L-
APPROVED AS TO LEGAL
SUFFICIENCY:
(JJ{~ m;JJd:
City Attorney's Office
APPROVED AS TO CONTENT:
Gm'1".H..~ORS I It"A}'
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Spot Blight
II
#1
April 8, 2009 Public Hearing
APPLICANT:
CITY OF VIRGINIA
BEACH
PROPERTY OWNER:
MARLENA EVANS
STAFF: Wells Freed, Dept of Housing and Neighborhood Preservation
Sharon Prescott, Dept of Housing and Neighborhood Preservation
REQUEST:
Spot Bliqht Abatement Determination
ADDRESS I DESCRIPTION: 620 Counselor Square
GPIN:
1486269112
ELECTION DISTRICT:
BA YSIDE
SITE SIZE: AICUZ:
2,416.03 square feet Less than 65 dB DNL
SUMMARY OF REQUEST
This property is the subject of possible acquisition under the
"spot blight authority" provided for under Section 16-39 of the
City Code. It is being recommended for acquisition due to its existing condition and its continuing status
as a 'problem property.' Under the process required by the City Code, both the Planning Commission and
the City Council must hold public hearings, determine that the property meets the definition of blight, and
that the owner has failed to remedy or present a plan to remedy the blight.
The property was placarded as unsafe on June 26,2007, as it was vacant and the roofing system was
collapsing. Since January 2002, the Department of Housing and Neighborhood Preservation (DHNP) I
Code Enforcement Division has issued 28 notices of violation, including 25 property maintenance notices
and three notices for exterior code violations. The property owner has responded to none of these
notices. As a result, DHNP/Code Enforcement has been maintaining the exterior of the property.
CITY OF VIRGINIA BEACH - SPOT BLIGHT
Agenda Item 1
Page 1
1,1
Key Facts - 620 Counselor SQ.
Date Determined Unsafe June 26, 2007
Number of Code Enforcement Notices Issued 28
Assessed Value $138,800
Land Value $62,700
Buildinq Value $76,100
Delinauent Taxes $4,248
Liens Due $3,976
Estimated Repairs Needed $42,000
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Townhouse
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
. Townhouse / A-12 Residential District
. Townhouse / A-12 Residential District
. Townhouse / A-12 Residential District
. Townhouse / A-12 Residential District
NATURAL RESOURCE AND
CULTURAL FEATURES:
Developed site. No known significant natural resource or cultural
features.
EVALUATION AND RECOMMENDATION
Plan for Use of Prooertv - The initial notice in the spot blight process was issued on January 6, 2009,
notifying the property owner that they must present a plan to correct blighted conditions within thirty days.
To date, there has been no response from the owner to this notice. If a spot blight determination is made,
the City can proceed with a plan for use of the property.
Staff concludes that the property should be acquired by the City. It is recommended that the property
should then be declared as excess property and offered for sale. The rehabilitation requirements to bring
the property into compliance with the Code can be part of the sales agreement. Once fully rehabilitated
by the new owner, the property could be owner-occupied or resold as a quality, affordable housing unit for
either owner-occupancy or rental. The Department of Housing and Neighborhood Preservation will
monitor the rehabilitation to ensure the property is brought into full Code compliance. This
recommendation is based on the assessed value of the property, on the type and cost of comparable
CITY OF VIRGINIA BEACH - SPOT BLIGHT
Agenda Item 1
Page 2
II
housing in the area, and on the very unusual opportunity to provide affordable housing. It is
recommended that Public Works Real Estate handle the advertising and sale of the property.
Cost and Fundina - Total cost to the City will include acquisition, advertising, legal and appraisal
costs, possible short-term holding costs, and repair costs to stabilize the property until it is resold.
The following charts provide a cost estimate based on the City's assessed value and the estimated
repair costs.
Cost Estimates
Item Amount Explanation
Advertising, legal, appraisal $4,000
and holdina costs
Acquisition Cost $110,500 Appraised value of $152,500 when fully
repaired, less est. repair cost of $42,000
Contingency for unanticipated 2,500
expenses
Total Project Cost $117,000.00
Funding Requirements
Item Amount Explanation
Current Spot Blight CIP $13,000 This amount is unencumbered and can be
balance applied to this proiect once authorized
Appropriation requested $104,000
Total $117,000.00
Use of Disposition Proceeds
Amount
Dependent on sale price
Use
Reimbursement of appro riation
The Planning Commission is required to make the following findings to make a spot blight determination:
1. Is the property bliahted? The property meets the criteria for blight as outlined in the Spot Blight
Ordinance adopted by City Council as noted below.
. This property has been vacant for over seven years.
. This property has been the subject of 28 Code enforcement notices in the past seven
years.
. The property is in poor condition and is affecting adjacent properties. The roofing system
is compromised and the property is an eyesore to the neighborhood. The owners of this
property have consistently failed to maintain the property.
. The owners of this property are in arrears in their taxes and owe $3,976.51 in liens to the
Department of Housing and Neighborhood Preservation.
2. Has the owner cured the bliaht or presented a reasonable plan to do so? No. On January 6,
2009, the property owner was issued a notice that they must present a plan to correct blighted
conditions within thirty days. To date, there has been no response from the owner on this notice.
CITY OF VIRGINIA BEACH - SPOT BLIGHT
Agenda Item 1
Page 3
1,1
3. Is the City's plan for repair or disposition in accordance with the Comprehensive Plan and the
Zoninq Ordinance? After acquisition, the City would issue a Request for Proposals (RFP) for the
sale and rehabilitation of the property. The entire structure would be required to be brought into
compliance with all applicable codes. Any code violations present on the exterior premises would
also be required to be corrected (such as junk, weeds, fencing, accessory structures, etc.) The
RFP would allow a contractor or private individual to purchase and rehabilitate the structure, with
the final disposition of the property being as an owner-occupied home. Based on the adjoining
property values, this property would be affordable to households at 80% to 100% of area median
income.
4. Is the property within an area listed on the National Reqister of Historic Places? No.
In conclusion, Staff recommends that the Planning Commission make a determination of spot blight for
this property, and that the proposed plan for disposition be forwarded to City Council with a
recommendation for approval.
CITY OF VIRGINIA BEACH - SPOT BLIGHT
Agenda Item 1
Page 4
II
AERIAL OF SITE LOCATION
CITY OF VIRGINIA BEACH - SPOT BLIGHT
Agenda Item 1
Page 5
I,ll
CITY OF VIRGINIA BEACH - SPOT BLIGHT
Agenda Item 1
Page 6
II
CITY OF VIRGINIA BEACH - SPOT BLIGHT
Agenda Item 1
Page 7
" 1,1,
CITY OF VIRGINIA BEACH - SPOT BLIGHT
Agenda Item 1
Page 8
, 1,1
Department of Housing and Neighborhood Preservation
Housing Development Division
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CITY OF VIRGINIA BEACH - SPOT BLIGHT
Agenda Item 1
Page 9
III
ARTICLE VI. HOUSING AND BUILDING MAINTENANCE CODE
Page 1 of2
ARTICLE VI. HOUSING AND BUILDING MAINTENANCE CODE
Sec. 16-39. Spot blight abatement.
(a) The City of Virginia Beach, in accordance with Code of Virginia sections 36-49.1: 1 et seq.
may acquire or repair any blighted property, as defined in (b) below, by exercise of the powers
of eminent domain provided in title 25.1 of Code of Virginia, and further, shall have the power to
hold, clear, repair, manage, or dispose of such property for purposes consistent with this
section. In addition, the city may recover the cost of any repair or disposal of such property from
the owner, or owners of record at their last known address as contained in the records of the
treasurer or the current real estate tax assessment records.
(b) "Blighted property" means any individual commercial, industrial, or residential structure or
improvement that endangers the public's health, safety, or welfare because the structure or
improvement upon the property is dilapidated, deteriorated, or violates minimum health and
safety standards, or any structure or improvement previously designated as blighted under the
process for determination of "spot blight".
(c) The city manager or his designee shall make a preliminary determination that a property is
blighted in accordance with this section. The city manager or his designee shall notify the
owner, or owners of record as determined in (a) above, specifying the reasons why the property
is considered blighted. The owner or owners shall have thirty (30) days from the date the notice
is sent within which to respond in writing with a spot blight abatement plan to address the blight
within a reasonable time. A spot blight abatement plan is a written plan prepared by the owner
or owners of record of the real property to address spot blight.
(d) If the owner or owners of record fail to respond within the thirty-day period with a written
spot blight abatement plan that is acceptable to the city manager or his designee, the city may
(i) request the planning commission to conduct a public hearing and make findings and
recommendations that shall be reported to city council concerning the repair or other disposition
of the property in question and (ii) in the event a public hearing is scheduled, shall prepare a
written spot blight abatement plan for the repair or other disposition of the property.
(e) No spot blight abatement plan shall be effective until notice has been sent to the property
owner or owners of record as determined in (a) above and an ordinance has been adopted by
city council. Not less than three (3) weeks prior to the date of the public hearing before the
planning commission, the commission shall provide by regular and certified mail, notice of such
hearing to (i) the owner of the blighted property or the agent designated by him for receipt of
service of notices concerning the payment of real estate taxes within the locality; (ii) the abutting
property owners in each direction, including those property owners immediately across the
street or road from the property; and (iii) the representative neighborhood association, if any, for
the immediate area. The notice shall include the plan for the intended repair or other disposition
of the property. The notice of the public hearing shall be published at least twice, with not less
than six (6) days elapsing between the first and second publication in a newspaper published or
having general circulation in the locality in which the property is located. The notice also shall be
posted on the property. The notice shall specify the time and place of the hearing at which
persons affected may appear and present their views, not less than six (6) days nor more than
twenty-one (21) days after the second publication.
(f) The planning commission, at this public hearing, shall determine whether:
(1) The property is blighted;
(2) The owner has failed to cure the blight or present a reasonable plan to do so;
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3/31/2009
CITY OF VIRGINIA BEACH - SPOT BLIGHT
Agenda Item 1
Page 10
II
ARTICLE VI. HOUSING AND BUILDING MAINTENANCE CODE
Page 2 of2
(3) The plan for the repair or other disposition of the property is in accordance with the
city's comprehensive plan, and the comprehensive zoning ordinances; and
(4) The property is located within an area listed on the National Register of Historic
Places. In such instances, the planning commission shall consult with the architectural
review board, regarding the proposed repair or other disposition of the property by city
council.
(g) The planning commission shall report its findings and recommendations concerning the
property to city council. City council, upon receipt of such findings and recommendations, may
after an advertised public hearing, affirm, modify, or reject the planning commission's findings
and recommendations. If the repair or other disposition of the property is approved, the city
manager or his designee may carry out the approved plan to repair or acquire and dispose of
the property in accordance with the approved plan, the provisions of this section, and applicable
law. If the ordinance is adopted by city council, the city shall have a lien on all property so
repaired or acquired under an approved spot blight abatement plan to recover the cost of (i)
improvements made by the city to bring the blighted property into compliance with applicable
building codes and (ii) disposal, if any. The lien authorized by this section shall be filed in the
circuit court of the City of Virginia Beach and shall be subordinate to any prior liens of record.
City council may recover its costs of repair from the owner or owners of record of the property
when the repairs were made at such time as the property is sold or disposed of by such owner
or owners. If the property is acquired by the city through eminent domain, the cost of repair may
be recovered when City council sells or disposes of the property. In either case, the costs of
repair shall be recovered from the proceeds of any such sale.
(h) If the blighted property is occupied for personal residential purposes, city council, in
approving the spot blight abatement plan, shall not acquire by eminent domain such property if it
would result in a displacement of the person or persons living in the premises. The provisions of
this subsection shall not apply to acquisitions, under an approved spot blight abatement plan, by
the city of property which has been condemned for human habitation for more than one year. In
addition, if the city is exercising the powers of eminent domain in accordance with title 25.1 of
Code of Virginia, it may provide for temporary relocation of any person living in the blighted
property provided the relocation is within the financial means of such person.
(i) In lieu of the acquisition of blighted property by the exercise of eminent domain and in lieu of
the exercise of other powers granted in subsections (a) through (g), city council by ordinance,
may declare any blighted property to constitute a nuisance, and thereupon abate the nuisance
pursuant to Code of Virginia section 15.2-900 or section 15.2-1115. Such ordinance shall be
adopted only after written notice by certified mail to the owner or owners of the property at the
last known address of such owner as shown on the current real estate tax assessment books or
current real estate tax assessment records.
0) The provisions of this section shall be cumulative and shall be in addition to any remedies
for spot blight abatement that may be authorized by law.
(Ord. No. 2613, 9-12-2000; Ord. No. 2963, 11-28-06)
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CITY OF VIRGINIA BEACH - SPOT BLIGHT
Agenda Item 1
Page 11
101
Item # 1
City of Virginia Beach
Spot Blight Abatement Determination
620 Counselor Square
District 4
Bayside
April 8, 2009
REGULAR
Janice Anderson: The last items are the items that we're going to hear, and as soon as the
majority gets out the door, we'll get started on that. Don Horsley is the Secretary of the
Planning Commission, but he is out today. So, Gene Crabtree has volunteered to be our
Secretary. I believe the first matter to be heard is agenda item 1. That's the application of
the City of Virginia Beach for Spot Blight Abatement on property at 620 Counselor Square.
Could the applicant come forward?
Wells Freed: Good afternoon Madame Chair and members of the Commission, my name is
Wells Freed. I'm the Code Enforcement Administrator for the Virginia Beach Department of
Housing and Neighborhood Preservation. I'm here today to provide some background on
this case. Provided in the written packet is a description of the proposal. This property has
been a long term problem property. It was condemned in June 2007 for being open and
vacant. And at this time it is considered unsafe, and is starting to become structurally
unsound. Since 2007, our department has issued 25 property maintenance notices and three
notices for exterior code violations. The property owner has not responded to any of these
notices. We have issued summons to the property owner, who currently lives in
Pennsylvania, and the summons at this time are outstanding and are unserved. The Police
Department has been involved with this case. They have expressed their concern to us
regarding the nuisance that this property presents. As you can see from the pictures that we
have provided, the front and rear exterior roofing system is failing. It has allowed a large
pigeon population to inhabit the property, which is a potential health risk to the neighbors.
The interior surfaces of the property are subject to severe water damage and mold infestation.
There is also evidence of termite infestation imposing a risk to the structure and to the
adjoining units as well. The exterior is subject to continual abatement processes by our
department to include the removal of severe poison ivy growth and noxious weeds and grass.
At this time, we have exhausted all possible avenues to obtain compliance from the owner.
Without prompt intervention to prevent further deterioration, health and safety hazards will
become more severe. Therefore, I'm before you today based on the current Spot Blight
Abatement Ordinance, and requesting that the Commission make the following
determinations. One, that the property is blighted; two, that the owner has failed to cure the
blight or present a plan to do so; and three, the plans to repair or dispose of the property is in
accordance with City's Comprehensive Plan and Zoning Ordinances. This plan is included in
the written package that was provided to you. The final determination is that the property is
not located within an area listed on the National Register of Historic Places. So, at this time,
I would like for Sharon Prescott to come and discuss the abatement plan and disposition.
II
Item # 1
Spot Blight Abatement Determination
Page 2
Janice Anderson: Thank you. Are there any questions ofMr. Freed at this time? Thank you.
Wells Freed: Thank you.
Sharon Prescott: Good afternoon Madame Chairman and members of the Commission. My
name is Sharon Prescott. I am the Housing Development and Program Administrator for the
City's Department of Housing. This property is obviously in need of serious repair. The
structure is about 32 years old, which by regulatory standards would be in need of some
major work, but because of the neglect, it is in serious need of work. What we are proposing
in the disposition plan is that the City would offer this property for sale. And that the buyer
of this property would be required to bring the entire structure to code. The construction and
repair would be monitored by not only Permits and Inspection but by our department to make
sure that the plan that is proffered by whoever buys this property is fully carried out and the
structure is fully stored. And we are recommending that the end results of the property can
either be owner occupied or for rent.
Janice Anderson: Are there any questions of Ms. Prescott? Go ahead.
Ronald Ripley: Sharon, the Department of Housing and Neighborhood Preservation, how
often have you invoked both his code as far as enforcement in the City of Virginia Beach?
Sharon Prescott: This will be the third property that we have brought to the Planning
Commission for a declaration of being a spot blight property. There were two, probably
about three years ago that went before the Planning Commission and to City Council that
were declared blighted. The City acquired the property through a condemnation process and
the properties have since been cured of the blight.
Ronald Ripley: Would you consider this your very last result in trying to resolve this
housing problem with the City?
Sharon Prescott: Absolutely. As Mr. Freed said, we have been trying to work with the
owner for several years now to try and get them to respond to notices that Code Enforcement
has sent out over a period of years. They just absolutely failed to respond to any of our
notices to take any action whatsoever to make any improvements or repairs needed to the
structure. This is our last resort. Ifwe don't get a Declaration of Spot Blight, then the house
will continue to deteriorate.
Ronald Ripley: It's a townhouse. In your opinion, could you remove the townhouse and
rebuild it or do you have to renovate the townhouse?
Sharon Prescott: At this point in time, the structure is still feasible for rehab. Ifwe don't
take action now, it could get to the point where you would have to demolish it, which is
problematic within a townhouse situation.
Ronald Ripley: Thank you.
II I
Item # 1
Spot Blight Abatement Determination
Page 3
Janice Anderson: I just wanted to confirm with you that the owner of the property and your
staff has actually talked to her and you know she has actual notice ofthese proceedings. She
has signed certified receipts?
Sharon Prescott: That is correct.
Janice Anderson: Okay. Thank you. Are there any other questions? Thank you.
Sharon Prescott: Thank you.
Eugene Crabtree: Madame Chairman, we have one speaker in support. Nancy O'Shee.
Janice Anderson: Welcome. State your name for the record.
Nancy O'Shee: I'm Nancy O'Shee. I do live on Counselor Square. Unfortunately, this has
been going on for almost ten years, where it has been abandoned. Not only do we have the
problem of the property falling apart but we also have rats coming from this property. We
also have water damage where it's going into the house because the runoff is going into the
property also. My question is how much longer do you think we're going to have to wait for
something to be done to this even if you go ahead and agree to have a spot blight done on this
home?
Janice Anderson: Maybe I get Ms. Prescott. Sharon or Freed? How long is the process? I
know that this goes to Council next month. They will have to vote on it, and then the
condemnation time. Bill Macali, do you know how long this takes?
Sharon Prescott: It's the combination process that will take some time.
Bill Macali: Well, when the owner doesn't appear, it takes a lot less time. Once the Council
approves it, we have to go ahead and jump through some procedural hoops in a
condemnation case. We need an appraisal. We need to make an offer to the property owner.
If the property owner doesn't respond, then we have to file the action. Probably more than
anything else, it depends on how quickly the court has an available court date, but I can
pretty much assure you all that we will make the court aware of the condition of the property
and the affect that it is having on the other homes in the area, and ask for a very quick court
date. It could be a matter of several months though, but it all depends on when we can get a
court date, but we will do everything that we can to expedite the process.
Nancy O'Shee: The other problems that we're having are teenagers and adults that go in the
home. There is drug abuse going on in there. There are problems in the community as it is.
So, this doesn't help it any at all. And the quicker it could be rectified, we really appreciate
it.
Janice Anderson: Okay. As probably a suggestion if you contact your local precinct.
II
Item # 1
Spot Blight Abatement Determination
Page 4
Nancy 0' Shee: Oh, we have.
Janice Anderson: You have? Okay.
Nancy O'Shee: We have many a time. I think they're tired of hearing from us.
Janice Anderson: Hopefully, this matter will alleviate the problem for you.
Nancy O'Shee: Thank you.
Janice Anderson: Thank you.
Eugene Crabtree: Madame Chairman, there are no speakers.
Janice Anderson: I'll open it up for discussion.
Joseph Strange; I have a question for Sharon.
Janice Anderson: Sharon?
Joseph Strange: When something like this happens in a community, the townhouse
community, and it is doing damage to the other neighbor's homes, like the water damage that
she said. Is there any avenue for them to get some type of restitution for their expenses to get
their property fixed?
Sharon Prescott: I believe that would be a civil matter.
Joseph Strange: A civil matter? So there is no money that comes out of the money you
collect?
Sharon Prescott: No.
Joseph Strange: Okay.
Sharon Prescott: I will say we have learned a lot from the first two spot blights, and once the
city acquires the property, we will be able to move quickly to dispose of it, and get it under
construction.
Joseph Strange: Okay. Thank you.
Bill Macali: Mr. Strange? There is a remedy. If the person who is suffering the damage
sues the property owner and obtains a judgment, that judgment could be recorded and it
would provide a lien on the property, which would be taken care of during the condemnation
case. More than that, I can't really say because I don't know how quickly that could be done
or anything, but there is that legal avenue that is out there.
II
Item # 1
Spot Blight Abatement Determination
Page 5
Joseph Strange: Yeah. I just think that because ofthe suffering that the neighbors have gone
through in this deal if there is some kind of remedy for them, even if is just a little financial
help them with their repairs and stuff. I'm sure they would appreciate any help they could
get. So, I just wanted to kind of help them out a little bit there.
Janice Anderson: Jay?
Jay Bernas: Just as a point, I just wanted to voice my concern that I think that $117,000 that
I think is in the plan is high, and as it goes through the condemnation process, I understand
that the fair market value as the condition of it exists, is what the City actually pays for it,
because I think the City would not want to buy this for $117,000. That is just way too much,
and that it should be valued in its current condition, and that is what it should be condemned
as. My biggest fear is that the taxpayers footing the bill for a lot of this. We shouldn't be
rewarding this person for letting it go down hill, and giving her such a high market value for
the property. But I understand that should all be taken care of during the condemnation
process. But I just wanted to voice my concern that I think that $117,000 is very high.
Janice Anderson: Bill?
Bill Maca1i: Mr. Bernas, I was going to answer what you mentioned. But as you noted, the
condemnation award would not be based upon any presupposition that the repairs would be
made. In fact, I would suspect that probably when we handle that condemnation case, we
would ask either the judge or the commissioners who sit as the jury to take a look at the
property, which is permitted, and that will sure have quite an effect on them in determining
the value, which we expect to be considerably less than $117,000.
Janice Anderson: Go ahead Dave.
David Redmond: Just very briefly and for the record. I want to echo to what Mr. Bernas
said. If! were a neighbor of this property, I would be absolutely furious and up all night
concerned with what might be going on in there with vermin, and all those other sort of crime
problems. Nonetheless, it is not the citizens of Virginia Beach responsibility to pay large
amounts of money to someone who has been derelict in the management and ownership of
their own property. I would just hope that we go about this in such a way, expeditiously and
quickly and frankly, not just in this case but every single place we find it in the city. My
concern is that it seems like it is taking a long time to deal with it. And I know that the
neighbors probably feel that too, but in such a way that we don't penalize taxpayers, and
have people who are irresponsible in the management of their properties, whether they be
vacant or occupied, and think, oh well, the City will come in and throw some money at it and
fix it, so I don't have too. I don't want to see that occur in this case. It doesn't sound like
listening to Mr. Maca1i that it will in this case, but I share Mr. Bernas' view, I think probably
about 99.9 percent of the taxpayers view, that we be careful not to view this City's coffers as
a limitless way to be able to solve this. We ought to do it in the right way and a smart way,
and a way that also protects the taxpayers when we go forward. Thank you.
II I
Item # 1
Spot Blight Abatement Determination
Page 6
Janice Anderson: Thank you Dave. Are there any other questions or comments?
Bill Macali: Madame Chairman, what's a little unusual about this is there is an actual
resolution for the Commission to consider rather than just the usual grant or denying. So, the
motion would be to adopt the resolution as it appears in your agenda.
Janice Anderson: Okay. Thank you. Do I have a motion?
David Redmond; Madame Chairman, I move that we adopt the resolution as it appears in our
agenda.
Janice Anderson: I have a motion by Dave Redmond and a second by Ron Ripley.
AYE 10 NAY 0 ABSO
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY
KA TSIAS AYE
LIV AS AYE
REDMOND AYE
RIPLEY AYE
RUSSO AYE
STRANGE AYE
ABSENT 1
ABSENT
Ed Weeden: By a vote of 10-0, the Board has adopted the resolution as indicated in the
agenda for the spot blight abatement at 620 Counselor Square.
Janice Anderson: Thank you.
II I
CITY OF VIRGINIA BEACH - SPOT BLIGHT
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Spot Blight
Relevant Information:
" Rose Hall District
· This property is the subject of possible acquisition under the "spot
blight authority" provided for under Section 16-39 of the City Code. It
is being recommended for acquisition due to its existing condition
and its continuing status as a 'problem property.'
· Under the process required by the City Code, both the Planning
Commission and the City Council must hold public hearings,
determine that the property meets the definition of blight, and that
the owner has failed to remedy or present a plan to remedy the
blight.
Evaluation and Recommendation:
" Planning Staff recommended approval
· Planning Commission recommends approval (10-0).
Consent agenda
1,1 i
- 42 -
Item V-K.7.
ORDINANCES/RESOLUTIONS
ITEM # 58864
Upon motion by Vice Mayor Jones, seconded by Councilman DeSteph. City Council ADOPTED:
Ordinance to A UTHORIZE the acquisition of blighted property by
eminent domain at 620 Counselor Square for the purpose of
rehabilitation to a qualified builder, developer or other entity and
APPROPRIATE $82, 778 neededfor acquisition.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 26, 2009
I, 1,1 I
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AN ORDINANCE AUTHORIZING THE
ACQUISITION OF PROPERTY LOCATED AT
620 COUNSELOR SQUARE AND
APPROPRIATING $82,778 TO CAPITAL
IMPROVEMENT PROJECT #9-336
WHEREAS, on April 8, 2009, in accordance with Virginia Code Section 936-
49.1:1, and following a public hearing, the Virginia Beach Planning Commission made
the following findings regarding the property located at 620 Counselor Square, in the
City of Virginia Beach (GPIN 1486-26-9112) (the "Property"):
1. That the Property is blighted, within the meaning of Virginia Code
Section 936-49;
2. That the owner of the Property has failed to cure the blight or
present a reasonable plan to do so;
3. That the plan for the repair or other disposition of the Property is in
accordance with the comprehensive Plan, City Zoning Ordinance
and other applicable land use regulations; and
4. That the Property is not located within an area listed on the
National Register of Historic Places; and
WHEREAS, the Planning Commission recommended that the City Council
approve the plan presented by the Department of Housing and Neighborhood
Preservation for the repair or other disposition of the Property, to-wit: that the Property
should be acquired by the City of Virginia Beach through eminent domain and then
resold. The structure should be brought into code compliance by the new owner; as
either owner occupied or resold for rental as a quality, affordable housing unit; and
WHEREAS, the Property has been condemned for human habitation for a period
in excess of one (1) year;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
FIRST
That the City Council hereby affirms the aforesaid findings and recommendations
of the Planning Commission; and
SECOND
That the City Council hereby finds that the Property should be acquired by the
City for the preservation of the safety, health, peace, good order, comfort, convenience
" II
47 and welfare of the people of the City of Virginia Beach and other related public
48 purposes, and hereby authorizes the acquisition of the Property in fee simple by
49 purchase or condemnation pursuant to Section 936.49.1: 1 and Chapter 2 (925.1-200 et.
50 seq.) of Title 25.1 of the Virginia Code; and
51
52 THIRD
53
54 That the City Manager is hereby authorized to make, or cause to be made on
55 behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable
56 offer for the purchase of the Property to the owners or persons having an interest in the
57 Properties. If such offer is refused, the City Attorney is hereby authorized to institute
58 and prosecute proceedings to condemn the Property; and
59
60 FOURTH
61
62 That upon acquisition of the Property, the City shall resell the Property for
63 purposes of rehabilitation to a qualified builder, developer or other entity, with
64 appropriate provisions in any such contract of sale to ensure that the property will be
65 timely rehabilitated or reconstructed and thereafter sold to a qualified owner-occupant or
66 as a rental property; and
67
68 FIFTH
69
70 That $82,778 is hereby appropriated to Capital Improvement Project #9-336
71 (Spot Blight Abatement), and estimated revenue from Sale of Property-Spot Blight is
72 hereby increased by $82,778.
73
74 Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day
75 of May , 2009.
76
77 Requires an affirmative vote by a majority of all the members of City Council.
78
APPROVED AS TO CONTENT:
of Housing and
od PreseNation
APPROVED AS TO CONTENT:
B~f\(>>Q ~
Management SeNices
APPROVED AS TO LEGAL
St0IC,IENCY:
City Attorney
CA 11 058/R-6/May 15, 2009
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II I
CITY OF VIRGINIA BEACH
Spot Blight Report
620 Counselor Square
City Council - OS/26/2009
Staff: Andrew Friedman, Dept of Housing and Neighborhood Preservation
The following report is provided as an attachment to the City Council agenda request for
this item.
LOCATION:
GPIN AND
OWNER:
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Location and General Information ..::;::t
620 Counselor Square
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Marlena Evans
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CITY OF VIR~J.NIABE~CH
SP9~alight R~p'ort..
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COUNCIL
ELECTION
DISTRICT:
District 3
SITE SIZE:
2,416.03 square feet
EXISTING
LAND USE:
Single-family residential/1 03 Townhouse
SURROUNDING North: . Single-family residential! A 12 Residential District
LAND USE AND South: . Single-family residential! A 12 Residential District
ZONING: East: . Single-family residential! A 12 Residential District
West: . Single-family residential! A 12 Residential District
The Windsor Oaks West Townhouse neighborhood is bordered by
Windsor Oaks Blvd to the West, Holland Road to the South and
Single Family R-75 Residential District to North and East.
AICUZ:
N!A
Key Facts - 620 Counselor Square
Date Determined Unsafe June 26, 2007
Number of Code Enforcement Notices 28
Issued
Assessed Value $138,800
Land Value $62,700
Building Value $76,100
Appraised Value Based on Current $83,000
Condition
Delinquent Taxes $4,302
Liens Due $3,976
Estimated Repairs Needed $42,000 (per third-party repair estimate)
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CITY OF VI~~JNIAB~CH
Sp:9~Blight ~~port
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This property is the subject of possible acquisition under the "spot blight authority,"
Section 16-39 of the City Code. It is being recommended for acquisition due to its
condition and long-term problem property status. Under the process required by the
City Code, both the Planning Commission and the City Council must hold public
hearings, determine that the property meets the definition of blight and that the owner
has failed to remedy or present a plan to remedy the blight.
This property was placarded as unsafe on June 26, 2007, as it was vacanU open and
the roofing system was collapsing. Since January 2002, the Department of Housing
and Neighborhood Preservation (DHNP) I Code Enforcement Division has issued 28
notices of violation, including 25 property maintenance notices and 3 notices for exterior
code violations, none of which the owner has responded to. Therefore, DHNP/Code
Enforcement has been maintaining the exterior premises. The initial notice in the spot
blight process was issued on January 6, 2009, notifying the property owner that they
must present a plan to correct blighted conditions within thirty days. To date, there has
been no response from the owner to this notice.
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'.:...:.:.:.:.:.:.:
Major Issues "::::"m,
Plan for Use of Property -
The property should be acquired by the city. It is recommended that the property then
be declared excess property and offered for sale, with specified rehabilitation
requirements to bring the property into code compliance as part of the sales agreement.
Once fully rehabilitated by the new owner, the property could be owner occupied or
resold without restriction for either owner occupancy or rental. DHNP will monitor the
rehabilitation to ensure the property is brought into full code compliance.
Cost and Fundina - Our goal for this action is to recover all costs from the proceeds of
the resale of the property to a private owner.
. .. .. .-,
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CITY OF VIR$'NIABg~CHH
Sp~~alight Report.
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1,1 III',
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Total costs to the City will include acquisition, advertising, legal and appraisal costs, and
possible short term holding costs. The following charts detail the costs and the funding
requested to carry out this action.
Item
Advertising, legal, appraisal
and holding costs
Acquisition Cost
Contingency for
unanticipated expenses
Delinquent Taxes
Liens Due
Total Project Cost
Item
Current Spot Blight CIP
balance
Appropriation requested
Total Requested Funding
Costs
Amount
Explanation
$2,000
Third-party appraisal based on
$83,000 "AS-IS" condition.
$2,500
$4,302
$3,976
$95,778
Funding
Amount Explanation
This amount is unencumbered
and can be applied to this
$13,000 project once authorized
$82,778
$95,778
Use of Disposition Proceeds
All funds from the sale of the property will be used to reimburse the Spot Blight CIP
account. The balance in this account can then be applied to future actions, or can be
transferred to the general fund, depending on future needs and circumstances.
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CITY OF VIR~lNIABt::~CH
Sp~tali9ht R~PQrt
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The Comprehensive Plan recognizes this site and the surrounding area as a Primary
Residential Area. The policies for this area recognize the need to preserve and protect
the character and aesthetic quality of neighborhoods.
Planning Commission Action
The Planning Commission held a public hearing on April 8, 2009 and made the
following determinations:
1. That the property is bliqhted. The property meets the criteria for blight as
outlined in the Spot Blight Ordinance adopted by City Council as noted below.
. This property has been vacant for over seven years
. This property has been the subject of 28 code enforcement notices in the
past seven years
. The property is in poor condition and beginning to affect adjacent
properties. The roofing system is compromised and the property is an
eyesore to the neighborhood. The owners of this property have
consistently failed to maintain the property.
. The owners of this property are in arrears in their taxes and owe
$3,976.51 in liens to the Department of Housing and Neighborhood
Preservation.
2. That the owner has failed to cure the bliqht and failed to present a reasonable
plan to do so. The property owner received notice of the Spot Blight Abatement
on January 14, 2009. The notice stated that they must present a plan to correct
blighted conditions within thirty days. To date, there has been no response from
the owner on this notice.
3. That the City's plan for repair or disposition is in accordance with the
Comprehensive Plan and the Zoninq Ordinance. After acquisition the city would
issue a Request for Proposal for the sale and rehabilitation of the property. The
entire structure would be required to be brought into compliance with all
applicable codes. Any code violations present on the exterior premises would
also be required to be corrected (junk, weeds, fencing, accessory structures,
etc.) The RFP would allow a contractor or private individual to purchase and
rehabilitate, with the final disposition of the property being an owner occupied
home or resold as a for owner occupancy or rental. Based on the adjoining
property values, this property would be affordable to households at 80 to 100% of
area median income.
4. That the property is NOT located within an area listed on the National Reqister of
Historic Places.
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CITY OF VIf{GJNIAB~CH
Sp~~Blight R~p.ort .
.page..5.
Iii III
The Planning Commission made the determination of spot blight on this property and
recommended that the proposed plan for disposition be adopted by City Council.
Attachments:
Photographs of the subject property follow
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CITY OF VIRGINIA BJ;,ACH
SpptBlight R~pqrt
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Sp~~alight ~~port.
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III
- 43 -
Item V-K.8.
ORDINANCES/RESOLUTIONS
ITEM # 58865
Upon motion by Vice Mayor Jones, seconded by Councilman DeSteph, City Council ADOPTED:
Ordinance to AUTHORIZE temporary encroachments into a portion of
City right-ofway for JAMES M. ARNHOLD at 4332 Sandy Bay Drive
to construct and maintain three (3) parking areas and two (2) four (4 ")
inch conduits. DISTRICT 4 - BAYSIDE
The following conditions shall be required:
1. The temporary encroachment will be constructed and maintained in accordance with the laws of
the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's
specifications.
2. Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to
remove, all or any part of the Temporary Encroachmentfrom the Encroachment Area in the event
of an emergency or public necessity and Grantee shall bear all costs and expenses of such
removal.
3. 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 removedfrom the Encroachment Area
by the Grantee and that the Grantee will bear all costs and expenses of such removal.
4. It is further expressly understood and agreed that the Grantee shall indemnify~ fH'IfI-hold harmless
and delend 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.
5. 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.
6. 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.
7. It isfurther expressZv understood and agreed that the Grantee must submit and have approved a
Traffic Control Plan before commencing work in the Encroachment Area.
8, It isfurther expressly understood and agreed that the Grantee agrees that no open cut of the
public roadway will be allowed, except under extreme circumstances. Requests for exceptions
must be submitted to the Highway Operations Division, Department of Public Works, for final
approval.
9. It is further expressly understood and agreed that the Grantee must obtain a permit from the
Office of the Planning Department prior to commencing any construction within the
Encroachment Area.
^;("" '"J';' '"Jfllln
III I
- 44 -
Item V-K.8.
ORDINANCES/RESOLUTIONS
ITEM # 58865 (Continued)
10. It is further expressly understood and agreed that prior to issuance of a right-of way/utility
easement permit, the Grantee must post a bond or other security in the amount of two times their
engineer's cost estimate to the Office of Planning Department to guard against damage to City
property or facilities during construction.
11. It is further expressly understood and agreed that the Grantee shall not erect signage of any type
indicating that the said parking areas as shown on the aforesaid f.exhibit (the "Parking Spaces ")
are private parking, nor shall the Grantee prohibit, in any way, the usage of those parking spaces
by the general public, notwithstanding the fact that portions of such parking spaces are on
private property. Furthermore, the Grantee must allow parking by the members of the general
public on any parking area where ~pavers are installed, except for that portion of the
Grantee's driveway necessary to gain access to the garage. For the purposes of this Agreement,
attempts to prohibit the public from parking within the parking spaces created by the Temporary
Encroachment shall include verbal requests/statements to members of the public not to park in
the parking spaces, obstructing the parking spaces with physical barriers, posting signs stating
"no parking", "no trespassing", "towing enforced". or similar phrases, askingfor vehicles to be
towed from such parking spaces or any other action the reasonable effect of which is to prevent
or dissuade members of the general public from parking in the parking spaces.
12. 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 oj. 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.
13. It is further expressly understood and agreed that the Temporary Encroachment must conform to
the minimum setback requirements as established by the City.
14. It is further expressly understood and agreed that the Grantee must submit for review and
approval a survey of the Encroachment Area, certified by a registered professional engineer or a
licensed land surveyor. and/or "as built" plans of the Temporary Encroachment sealed by a
registered professional engineer. if required by either the City Engineer's Office or the
Engineering Division of the Public Utilities Department.
15. It is further expressly understood and agreed that the City. upon revocation of such authority and
permission so granted, may remove the Temporary Encroachment and charge the cost thereof to
the Grantee, and collect the cost in any manner provided by law for the collection of local or
state taxes; may require the Grantee to remove the Temporary Encroachment and pending such
removal, the City may charge the Granteefor 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 ffsuch 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
eve,:v 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.
- 45 -
Item V-K.8.
ORDINANCES/RESOLUTIONS
ITEM # 58865 (Continued)
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones. Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
II I
May 26, 2009
III i
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO A PORTION OF CITY RIGHT OF
6 WAY KNOWN AS SANDY BAY DRIVE
7 FOR JAMES M. ARNHOLD
8
9 WHEREAS, JAMES M. ARNHOLD desires to install, construct and maintain
10 three (3) parking areas designed with pavers, stone paving, landscaping, piping and
11 yard inlets, and two (2) 4" conduits within a portion of the City's right of way of Sandy
12 Bay Drive, and located adjacent to his property located at 4332 Sandy Bay Drive, in the
13 City of Virginia Beach, Virginia.
14
15 WHEREAS, City Council is authorized pursuant to SS 15.2-2009 and 15.2-2107,
16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
1 7 City's right of way subject to such terms and conditions as Council may prescribe.
18
19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21 That pursuant to the authority and to the extent thereof contained in SS 15.2-
22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, JAMES M. ARNHOLD, his
23 heirs, assigns and successors in title are authorized to construct and maintain
24 temporary encroachments for three (3) parking areas designed with pavers, stone
25 paving, landscaping, piping and yard inlets, and two (2) 4" conduits into a portion of the
26 City's right of way as shown on those three (3) maps collectively marked Exhibit "A" and
27 entitled: "EXHIBIT "A", SHOWING ENCROACHMENTS INTO THE RIGHT-OF-WAY
28 OF SANDY BAY DRIVE FOR LOT 48, BA YLAKE BEACH" a copy of which is on file in
29 the Department of Public Works and to which reference is made for a more particular
30 description; and
31
32 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
33 subject to those terms, conditions and criteria contained in the Agreement between the
34 City of Virginia Beach and JAMES M. ARNHOLD, (the "Agreement"), which is attached
35 hereto and incorporated by reference; and
36
37 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
38 is hereby authorized to execute the Agreement; and
39
40 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
41 time as JAMES M. ARNHOLD and the City Manager or his authorized designee
42 execute the Agreement.
43
44 Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day
45 of May ,2009.
1
CA-10991
V:lapplicalionslcilylawprodlcycom32lWpdocslD004lP004100011331.DOC
R-1
PREPARED: 04/22/2009
APPROVED AS TO CONTENTS
arm~ c.
P ic Works, Real Estate
III I
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
(~:LJk~
Nell L. Ford,
Special Counsel for the City Attorney
2
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 1st day of April, 2009, by and between the CITY
OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia,
Grantor, "City", and JAMES M. ARNHOLD, HIS HEIRS, ASSIGNS AND SUCCESSORS IN
TITLE, "Grantee".
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 48", as shown on that certain plat entitled: "Baylake
Beach" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia in Map Book 41, at page 31, and being further designated, known,
and described as 4332 Sandy Bay Drive, Virginia Beach, Virginia 23455;
WHEREAS, it is proposed by the Grantee to construct and maintain 3 parking
areas designed with pavers, stone paving, landscaping, piping and yard inlets, and 2 4"
conduits, collectively, the "Temporary Encroachment", in the City of Virginia Beach;
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of an existing City right of way known as
Sandy Bay Drive, the "Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
GPIN: (CITY RIGHT OF WAY - NO GPIN REQUIRED OR ASSIGNED)
1570.81.8343.0000
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, consisting of three (3) sheets entitled:
"EXHIBIT "An, SHOWING ENCROACHMENTS INTO THE
RIGHT-OF-WAY OF SANDY BAY DRIVE FOR LOT 48,
BA YLAKE BEACH" copies of which are attached hereto
collectively 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.
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,
hold harmless, and defend the City, its agents and employees, from and against .all claims,
2
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 submit and
have approved a traffic control plan before commencing 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 except under extreme circumstances.
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 the Grantee must obtain a
permit from the Office of Planning Department prior to commencing any construction within
the Encroachment Area.
It is further expressly understood and agreed that prior to issuance of a right of
way/utility easement permit, the Grantee must post a bond or other security, in the amount of
two times their engineer's cost estimate, to the Office of Planning Department to guard
against damage to City property or facilities during construction.
3
III I
It is further expressly understood and agreed that the Grantee shall not erect
signage of any type indicating that the said parking areas as shown on the aforesaid Exhibit
(the "Parking Spaces") are private parking, nor shall the Grantee prohibit in any way the
usage of those Parking Spaces by the general public, notwithstanding the fact that portions of
such Parking Spaces are on private property. Furthermore, the Grantee must allow parking
by the members of the general public on any parking area where pavers are installed, except
for that portion of the Grantee's driveway necessary to gain access to the garage. For the
purposes of this Agreement, attempts to prohibit the public from parking within the Parking
Spaces created by the Temporary Encroachment shall include verbal requests/statements to
members of the public not to park in the Parking Spaces, obstructing the Parking Spaces with
physical barriers, posting signs stating "no parking", "no trespassing", "towing enforced", or
similar phrases, asking for vehicles to be towed from such Parking Spaces, or any other
action the reasonable effect of which is to prevent or dissuade members of the general public
from parking in the Parking Spaces.
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.
4
It is further expressly understood and agreed that the Temporary Encroachment
must conform to the minimum setbacks requirements, as established by the City.
It is further expressly understood and agreed that the 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 lias built" plans of the Temporary
Encroachment sealed by a registered professional engineer, if required by either the City
Engineer's Office or the Engineering Division of the Public Utilities Department.
It is further expressly understood and agreed that the City, upon revocation of
such authority and permission so granted, may remove the Temporary Encroachment and
charge the cost thereof to the Grantee, and collect 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 ot state taxes.
IN WITNESS WHEREOF, JAMES M. ARNHOLD, the said Grantee, has caused
this Agreement to be executed by his signature. Further, that the City of Virginia Beach has
caused this Agreement to be executed in its name and on its behalf by its City Manager and
its seal be hereunto affixed and attested by its City Clerk.
5
III I
CITY OF VIRGINIA BEACH
By (SEAL)
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
, 2009, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2009, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its
behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
6
"I I
TE OF VIRGINIA
CITY VIRGINIA BEACH, to-wit:
VIRGINIA BEACH.
oing instrument was acknowledged before me t .
day of
CITY OF
Public
STATE OF Yi Ie-'t iN i 4 13.
CITY/COUNTY OF YiR.1iAJ14 ~lt!:J/tO-Wit:
'r
The foregoing instrument was acknowledged before me this / $ day of
f}f~iL
, 2009, by JAMES M. ARNHOLD.
~!!ic~~
~ ,.
Notary Pu c ?
Notary Registration Number: 3 ~ 31~7
My Commission Expires: FE' /j ;(; ( c20 II
BETTY CJENKINS
NOTARY PUBLIC
Commonwealth of Virginia
Reg. #323757
My Commission Expires Feb,28, 2011
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
7
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
era-- c ~
51 NATURE
rID I(('A) ('side.
DEPARTMENT
l,X)
rrwJuJ ",\"Cl,,~(l~
X:\Projects\Encroachments\Applicants\Arnhold, James M\Agreement Encroachment.doc
8
SEE SHEET 2 FOR DIMENSIONS _m_______
AND MATERIAL FOR -------
ADDITIONAL eARKING-- __
SEE SHEET 3 FOR LANDSCAPE
PLAN WITHIN THE
RIGHT-OF-WAY
4336 SANDY BAY DRIVE
LOT 47
CPIN 1570-81-7357
Nlr
JAMES c. & MARY ANNE
CARLSON
~NST/ 20040511000734750)
III II
S 63'22'50" -
100.00
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I; LOT 49
! CPIN 1570-81-9330
i~ AI IJ'f
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\& CLARENCE A. & MARY B.
II HOLLAND
I (DB. 1001, Pc. 238)
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-- "--0- S --sANDY BAY DRIVE S(5O'R7~- · -
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If. I( (el)
SITE DATA & NOTES
THE SUBDIVISION PlAT FOR THIS PROPERlY WAS RECORDED IN MAP BOOK 41, PAGE 31.
GPIN 1570-81-8343, LOT 48 "BAYLAKE BEACH"
SITE ADDRESS IS 4332 SANDY BAY DRIVE
ZONING R-15 (SEfBACKS: FRONT 30', SIDE 10', REAR 20')
THE PROPERlY FALLS IN THE CHESAPEAKE BAY WATERSHED.
THE PROPERlY DOES FALL IN A SPECIAL FLOOD HAZARD AREA AS SHOWN ON THE FEMA NFIP FIRM FOR THE CllY
OF VIRGINIA BEACH, COMMUNllY PANEL NUMBER 515531-0004E, DATED DECEMBER 5, 1996. THE PROPERlY FALLS
IN FLOOD ZONE 'YE", BASE FLOOD ELEVATIONS 9 - 12. THE PROPOSED DWELUNG IS LOCATED IN A SPECIAL
FLOOD HAZARD AREA. EXHIBIT "AU
SHOWING
80 ENCROACHMENTS INTO THE RIGHT-OF-WAY
I OF
feet SANDY BAY DRIVE
FOR
LQT 48, BAYLAKE BEACH
(M.B. 41, PAGE 31)
VIRGINIA BEACH, VIRGINIA
SCALE: 1 "=40' DATE: 08/29/08
SHEET 1 OF 3
40
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scale
40
SITE IMPR""
Cfvil Engineers, SUl'leyois
EMAll: ccdd@sileimprovemenl.nel
Office: 757_671.9000 . cax: 757.671.9268
EOO J'Jr~oer Crescent, Suite A . Chesapeake, Va. 23320
SIA Ii 0317-4-
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11111
June 2, 2008
Mayor Meyera Obemdorf
Virginia Beach City Council
City Hall Building
Virginia Beach, Virginia 23456
SUBJECT: Encroachment Request Located at 4332 Sandy Bay Drive, BayIake
Beach, for Mr. James Arnhold - Improved Parking Areas in City
Right-Of-Way
Dear Mayor Oberndorf:
We, the undersigned adiacent property owners. are writing to show our support for Mr.
Jim Arnhold's encroachment request for the improved parking areas and columns within
the City's right-of-way. Mr. Arnhold has worked closely with the adjacent property
owners and advised us of the various details of the construction of this beautiful new
residence. We feel that the new home and the additional improvements he proposes will
be an excellent addition to the neighborhood. Furthermore, we feel that parking would
take place in the identified areas regardless of the materials used within the right-of-way.
It can certainly be argued that the materials that Mr. Arnhold proposes greatly enhance
the streets cape at this location.
Therefore, we strongly support Mr. Arnhold's encroachment request and respectfully ask
that City Council consider approving the encroachments as submitted.
Sincerely,
Name:e L 1~,2.FAC F-- A rtc") U /)./l, f)
Printed
Address: lJ. -2,"2. V S A /V D V . q:>~ A-V I ~ K.
VA ' ~ f=-Acf-I (liP-. -:::2"54 J---=r
Name: j"" Avv\, 0 6... CAfU-<b~
Printed
Address: f~~ h
V\1/ni~
(.J .-fL--f1-~~
Signed
~~
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-. .
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.,
','
:;j:":~~ .
III II
- 46-
Item V-K.9.
ORDINANCES/RESOLUTIONS
ITEM # 58866
Upon motion by Vice Mayor Jones, seconded by Councilman DeSteph, City Council ADOPTED:
Ordinance to APPROPRIATE $660,901 Federal Stimulus funds from
the American Recovery and Reinvestment Act (ARRA) under the
Community Development Block Grant to the Department of Housing and
Neighborhood Preservation's FY 2008-09 operating budget re
rehabilitation of eligible owner-occupied housing units
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 26, 2009
III II
1 AN ORDINANCE TO APPROPRIATE FEDERAL STIMULUS
2 FUNDS TO THE FY 2008-09 OPERATING BUDGET OF
3 THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD
4 PRESERVATION
5
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9
10 That $660,901 provided to the City under the American Recovery and
11 Reinvestment Act (ARRA) under the Community Development Block Grant is hereby
12 appropriated, with federal revenue increased accordingly, to the FY 2008-09 Operating
13 Budget of the Department of Housing and Neighborhood Preservation for rehabilitation
14 of eligible owner-occupied housing units.
15
16 Adopted by the Council of the City of Virginia Beach, Virginia on the 26th day
17 of May , 2009.
18
19 Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT:
SU FFICI ENCY:
APPROVED AS TO LEGAL
~CJ~(l. ~-
Management Services
-v /~t: ~-------
City ~tt rney's Office
CA11135
R-2
May 15, 2009
':1
III II
- 47-
Item V-K.IO
ORDINANCES/RESOL UTIONS
ITEM # 58867
Upon motion by Vice Mayor Jones, seconded by Councilman DeSteph, City Council ADOPTED:
Ordinance to APPROPRIATE $70,000 from the fund balance of the
General Fund to provide an interest-free loan to the Plaza Volunteer
Rescue Squad for the purchase of a replacement ambulance.
Voting:
IO-O (By Consent)
Council Members Voting Aye:
Glenn R. Davis. William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer. Barbara M Henley. Vice Mayor Louis R, Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Abstaining:
James L. Wood
Council Members Absent:
None
Councilman Wood DISCLOSED in accordance with the Virginia State and Local Government Conflict
of Interests Act re Item K 10. Ordinance to APPROPRIATE $70,000 from the fund balance of the
General Fund to provide an interest-free loan to the Plaza Volunteer Rescue Squadfor the purchase of a
replacement ambulance. Councilman Wood's wife is a member of the Plaza Volunteer Rescue Square
and currently serves as Administrative Second Lieutenant/Treasurer. She participated in the preparation
of the rescue squad's successful application for a State Rescue Squad Assistance Fund Grant. She is a
volunteer and receives no compensation. Councilman Wood wishes to voluntarily disclose the facts. The
City Attorney's Office has advised him that the Conflict of Interests Act provides that he may vote on, and
participate in discussions of, this ordinance without restriction. Councilman Wood's correspondence of
May 26,2009, is hereby made apart of the record.
May 26, 2009
III I
Citye>f Virgi:r1ia Beach
JAMES L. WOOD
COUNCILMAN - DISTRICT 5 - L VNNHAVEN
PHONE:
FAX:
(757) 340-8411
(757) 340-2082
In Reply Refer to 0039038
May 26, 2009
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure Letter
Dear Mrs. Fraser:
In accordance with the Virginia State and Local Government Conflict of Interests Act, I
make the following declarations:
1. I am executing this written disclosure regarding City Council's discussion and
vote on an ordinance to appropriate $70,000 to provide an interest-free loan to the
Plaza Volunteer Rescue Squad for the purchases of a replacement ambulance.
2. My wife is a member of the Plaza Volunteer Rescue Squad. She currently serves
as Administrative Second Lieutenant/Treasurer, and she participated in the
preparation of the rescue squad's successful application for a state Rescue Squad
Assistance Fund grant of $65,658.50. The rescue squad intends to purchase the
replacement ambulance using a combination of the loan funds, the state grant,
funds donated to the rescue squad, and proceeds from the sale or trade-in of the
ambulance that will be replaced.
3. My wife is a volunteer with the rescue squad and receives no compensation for
her volunteer service.
4. Although the City Attorney's Office has advised me that the Conflict of Interests
Act provides that I may vote on, and participate in discussions of, this ordinance
without restriction, I nevertheless wish to voluntarily disclose the facts detailed
above.
3778 PRINCE ANDREW LANE, VIRGINIA BEACH, VA 23452
III
Mrs. Ruth Hodges Fraser
2
May 26, 2009
Accordingly, I respectfully request that you record this declaration in the official records
of City Council.
Thank you for your assistance in this matter.
Sincerely,
JL W /RRI
III
1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE
2 AN INTEREST-FREE LOAN TO THE PLAZA VOLUNTEER
3 RESCUE SQUAD FOR THE PURCHASE OF A
4 REPLACEMENT AMBULANCE
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7
8 1. That $70,000 is hereby appropriated from the fund balance of the General
9 Fund for an interest-free loan to the Plaza Volunteer Rescue Squad for the purchase of
10 a replacement ambulance, contingent upon execution of the attached agreement.
11
12 2. That this loan is to be repaid by Plaza Volunteer Rescue Squad over three (3)
13 years, pursuant to the terms of the attached promissory note.
14
15 Adopted by the Council of the City of Virginia Beach, Virginia on the 26th day
16 of May ,2009.
17
18 Requires an affirmative vote by a majority of all members of the City Council.
Approved as to Content:
Approved as to Legal
Sufficiency:
D~;) 0
Management Services
12! ~----
ity ttorn y s 0 ice
CA11134
R-1
May 14, 2009
III II
PROMISSORY NOTE
$70,000
Virginia Beach, Virginia
May 26, 2009
FOR VALUE RECEIVED, PLAZA VOLUNTEER RESCUE SQUAD, ("Maker"),
promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at
Municipal Center, Virginia Beach, V A, or such other place as Noteholder may designate in writing,
the principal sum of SEVENTY THOUSAND DOLLARS ($70,000) together with interest thereon.
From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO
Percent (0%) per annum.
Payment on principal shall be as follows:
On or before June 1,2010 - $23,500
On or before June 1,2011 - $23,500
On or before June 1,2012 - $23,000
This note may be prepaid in whole or in part without penalty. Any such prepayments shall
be applied to principal.
If the Noteholder has not received the full amount of the annual payment by the end of 15
calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of
the charge will be 15% of any overdue payment of principal. Maker will pay this late charge
promptly but only once on each late payment.
If Maker does not pay the full amount of each annual payment on the date it is due, Maker
will be in default, and the entire principal amount hereof, together with all accrued interest and late
charges, shall become immediately due and payable at the option of the Noteholder. Failure to
exercise this option upon any default shall not constitute or be construed as a waiver of the right to
exercise such option subsequently.
Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas
on the ground of any extension or extensions of the time for payment or of the due dates of this
note, the release of any parties who are or may become liable hereon, in whole or in part, before or
after maturity, with or without notice, are waived by the Maker and are jointly and severally waived
by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the
foregoing parties that they will pay all expenses incurred in collection this obligation, including
reasonable attorney's fees, if this obligation or any part hereof is not paid when due.
WITNESS the following signature(s).
PLAZA VOLUNTEER RESCUE SQUAD
(SEAL)
By: Mark Collins, Lieutenant
III II
Agreement Between the City of Virginia Beach and
the Plaza Volunteer Rescue Squad
THIS AGREEMENT is made and entered into this __ day of
2009, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the
Plaza Volunteer Rescue Squad ("RESCUE SQUAD"), in accordance with the provisions
of Code of Virginia SS 27-15.2 and 27-23.6.
WHEREAS, the RESCUE SQUAD maintains equipment and personnel for
emergency medical services within the City of Virginia Beach; and
WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified
and certified volunteer personnel and equipment to provide emergency medical services,
and
WHEREAS, the CITY hereto desires to support the volunteer emergency medical
services in Virginia Beach provided by the RESCUE SQUAD; and
WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial
for the parties to enter into this agreement to render support and services to one another in
accordance with these terms.
WITNESSETH
For and in consideration of the mutual promises and covenants set forth herein,
and for other valuable consideration related to the acquisition of a vehicle, the parties
enter into the following agreement as defined below:
RESPONSIBILITIES OF THE CITY
A. Provide a no interest loan for the purchase of the vehicle.
B. Provide standardized equipment required for operations within the City including
but not limited to mobile communications devices, pagers, and map books.
C. Provide or pay for insurance covering emergency service and support vehicles
owned by the RESCUE SQUAD.
D. Provide fuel for the vehicle.
E. Provide all vehicle maintenance and inspection services, including payment of the
annual maintenance fee, in support of the vehicle through the CITY's Division of
Automotive Services, so long as the vehicle remains a CITY -insured vehicle. The
1
III II
Division of Automotive Services shall maintain maintenance records and allow
the RESCUE SQUAD's officers access to those records.
RESPONSIBILITIES OF THE RESCUE SQUAD
A. The RESCUE SQUAD shall repay the loan for the vehicle according to the
Promissory Note. The RESCUE SQUAD shall have the ability to request
reasonable relief on the due date/amount should extenuating circumstances occur.
This request for extension shall be made to the EMS Chief no less than 30 days
prior to the payment due date.
B. If the vehicle is sold, after satisfying all conditions of the loan, including
repayment, the CITY -owned equipment shall be removed and returned to the
CITY prior to the sale of the vehicle, unless prior arrangements have been made
to reimburse the CITY for the fair market value of the CITY -owned equipment.
C. If, notwithstanding the provisions of subsection E in the prior section, the
RESCUE SQUAD elects not to use the services of the CITY's Division of
Automotive Services for any and all maintenance and inspection services, it shall
be the responsibility of the RESCUE SQUAD to maintain the vehicle in
accordance with the manufacturer's recommended maintenance schedule and
procedures. The RESCUE SQUAD shall pay for all necessary maintenance and
repairs and shall only use repair shops that are acceptable to the EMS Chief.
DEF AUL T AND MODIFICATION
A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its
sole discretion agree to a modification of this agreement, in accordance with the
modification procedure set forth in the next subsection. If the parties do not agree
in writing to a modification of this agreement, then, upon default of the loan,
ownership of the vehicle shall revert to the CITY. The CITY shall provide a
rebate to the RESCUE SQUAD based on the net difference between the fair
market value of the vehicle and the unpaid portion of the loan. If the CITY and
the RESCUE SQUAD are unable to agree upon the fair market value of the
vehicle, the parties shall select a third party who is acceptable to both the CITY
and the RESCUE SQUAD to determine the vehicle's fair market value.
B. This agreement may be reviewed at any time upon the direction of the City
Manager. Each party must agree in writing to any subsequent modifications.
2
III II
IN WITNESS WHEREOF, the parties have executed this Agreement on the day
and year first above written.
CITY OF VIRGINIA BEACH, VIRGINIA
James K. Spore, City Manager
ATTEST:
City Clerk
PLAZA VOLUNTEER RESCUE SQUAD
By:
Title:
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
Virginia Beach Management Services
City Attorney's Office
Virginia Beach Risk Management
Virginia Beach EMS Chief
3
III I
PLAZA V(lLUNTEER RESCUE SQUAD
P.O. Box 2128
\' irginia Beach. V;\, 23450
Chief
Department of EMS
1917 Arctic Avenue
Virginia Beach, VA. 23451
May 11,2009
The Plaza Volunteer Rescue Squad needs to replace its aging 1999 International 4700
Ambulance (1621) with a new Ambulance. This will ensure continuation of quality
emergency services with state of the art equipment.
Ambulance 1621 is the oldest of four ambulances in the Plaza Rescue Squad inventory.
Over the past year we have experienced increased mechanical problems including brake,
suspension and electrical failures resulting in towing service and unscheduled periods of
down time. We attribute this, in part, to the following:
. Electrical problems include outdated lighting which creates a larger draw on the
electrical system resulting in premature failure of the Ambulance batteries.
. Air Conditioning is not adequate to handle the summer temperatures which create
scheduling problems during the summer days.
. Maintenance costs are now twice as the other ambulances and is only used 18
percent of the time trying to save unnecessary costs.
Unit 1621 is a 1999 model year chassis and is now 9 years old and in dire need of
replacement. In addition to the aforementioned outdated lighting, the flooring is also in
need of replacement. It is not cost effective to rechasis this unit, as the flooring, electrical
systems, air conditioning, and upholstery all need replacement. At its present mileage of
200,000+ with the aforementioned problem areas it has become undependable.
Plaza Volunteer Rescue Squad has researched and priced ambulances and has decided on
another ambulance with a Chevrolet truck chassis. Plaza Rescue Squad currently has
three (3) ambulances with the same chassis type in its inventory and its members are
familiar with the driving and handling of this type ambulance chassis. Also with the
current Chevrolet chassis' in the inventory the maintenance facilities utilized by Plaza
Rescue are already in place.
III II
The proposed cost to purchase a new Ambu]ance is $] 56,832.00 Of this cost Plaza
V 0] unteer Rescue Squad has applied for a RSAF grant from the state office of EMS and
had been awarded a grant in the amount $65,568.50.
Plaza Rescue Squad will be applying $21,263.50 from donations towards the cost plus
the sale or trade of the current 1621 (price to be determined). Current budget constraints
limit Plaza Rescue Squad's ability to fund this new ambulance without the assistance of
the City of Virginia Beach.
Plaza Volunteer Rescue Squad is requesting the city of Virginia Beach to augment the
state grant and its funds for the purchase of a new ambulance with a no-interest loan of
$70,000.00. We are further requesting to pay back this loan over a period of three (3)
years at $23,333.33 per year. We request the first payment to be one year after the loan
is secured.
William J. Walker
President
III
- 48 -
Item V-K 11.
ORDINANCES/RESOLUTIONS
ITEM # 58868
ADD-ON
Upon motion by Vice Mayor Jones, seconded by Councilman DeSteph. City Council ADOPTED:
Resolution DIRECTING the Department qf Planninf? to produce a
Policy in regard to the use of "Chinese Drywall" in construction
projects in Virginia Beach.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 26, 2009
III II
REQUESTED BY COUNCILMEMBERS WOOD and DeSTEPH
1 A RESOUTION DIRECTING THE DEPARTMENT OF
2 PLANNING TO PRODUCE A POLICY IN REGARD TO THE
3 USE OF "CHINESE DRYWALL" IN CONSTRUCTION
4 PROJECTS IN VIRGINIA BEACH
5
6 WHEREAS, gypsum wallboard imported from China, commonly referred to as
7 "Chinese drywall," has been associated with negative health effects and adverse effects
8 upon electrical systems and other structural components in residences and other
9 structures in which such drywall has been installed; and
10
11 WHEREAS, "Chinese drywall" has not been determined to be in compliance with
12 applicable code provisions and standards contained in the Uniform Statewide Building
13 Code ("USBC"); and
14
15 WHEREAS, the City's Building Code Official has the authority to ban the use of
16 such material, under the authority of the USBC, until such time as the material is tested
17 and approved; and
18
19 WHEREAS, the use of unauthorized building material may subject the contractor
20 to numerous penalties under the USBC, including suspension of the building permit;
21 and
22
23 WHEREAS, City Council desires to protect the health and safety of its citizens
24 from the dangers posed by use of this unauthorized product.
25
26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
27 VIRGINIA BEACH:
28
29 That the Department of Planning, Division of Permits and Inspections, shall
30 forthwith develop and implement a policy that bans the use of "Chinese drywall" in
31 construction in Virginia Beach unless and until such material is determined to be in
32 compliance with all applicable USBC requirements.
Adopted by the Council of the City of Virginia Beach, Virginia on this 26th day of
May , 2009.
APPROVED AS TO LEGAL SUFFICIENCY:
~~
City Attorney's Office ~
CA 11146 R-3 May 26, 2009
1III1
- 49-
Item V-LIM.
PLANNING
ITEM # 58869
NO ACTION NECESSARY
1. Ordinance to AMEND Appendix C, Site Plan Ordinance, Section 5B, reflood plains and the
requirements of the National Flood Insurance Program. (Expedited and Adopted 4/28/09 Item #58765)
2. Application of the CITY OF VIRGINIA BEA CH for a Change of Zoning District Classification from
R- 5D Residential Duplex to I-I Light Industrial at 212-228 Fair Lady Road and 2305 Potters Road.
(Deferred by the Planning Commission) DISTRICT 6 - BEACH
1. CITY OF VIRGINIA BEACH
STREET CLOSURE
2. CA VALIER GOLF and YACHT CLUB
STREET CLOSURE
3. ELLIS-GIBSON DEVELOPMENT GROUPI
LAKE GEM II, LLC
CONDITIONAL U8SE PERMIT
4. NEW CINGULAR WIRELESS PCS, LLC (TIA AT & T
CONDITIONAL USE PERMIT
5. CHESTER and VIVIAN TUCKER
CONDITIONAL USE PERMIT
6. FLORDELIZA and DANIEL BAYANGOS, JR.,
DBA LIZA'S RESIDENTIAL CARE
CONDITIONAL USE PERMIT
7. PRINCESS ANNE CHURCH OF CHRIST
CONDITIONAL USE PERMIT
8. CITY OF VIRGINIA BEACH
CHANGE OF ZONING
9. RICHMOND 20 MHz, LLC
MODIFICATION OF CONDITIONS
No.1 and 3 (approved by City
Council 1112212005)
10. OFFICIAL ZONING MAP
AUTHORIZE
May 26, 2009
Item V-L.1.
PLANNING
- 50 -
ITEM # 58870
NO ACT/ON NECESSARY
NO ACT/ON BY CONSENSUS
Ordinance to AMEND Appendix C, Site Plan Ordinance, Section 5B, re
floodplains and the requirements of the National Flood Insurance
Program. (Adopted by City Council April 28, 2009, Item #58765)
"11
May 26, 2009
Item V-L.2.
PLANNING
- 51 -
ITEM # 58871
NO ACTION NECESSARY
NO ACTION BY CONSENSUS
Application of the CITY OF VIRGINIA BEACHfor a Change of
Zoning District Classiticationfrom R- 5D Residential Duplex to I-I
Light Industrial at 212-228 Fair Lady Road and 2305 Potters Road.
(DEFERRED BY PLANNING COMMISSION) DISTRICT 6-
BEACH
11111
May 26, 2009
11II1
- 52 -
Item V-M.
PLANNING
ITEM # 58872
Upon motion by Vice Mayor Jones, seconded by Councilman DeSteph, City Council APPROVED in
ONE MOTION Items 1, 2,3, 4, 5,6, 7,8,9 and 10 of the PLANNING BY CONSENT AGENDA.
Item M. 4 (NEW CINGULAR WIRELESS PCS, LLC (T/A AT & T) was DEFERRED
INDEFINITELY, BY CONSENT.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
Mayor Sessoms DISCLOSED and will ABSTAIN pursuant to Section 2.2-3115(E), Code of Virginia re
Item M3. (Ellis-Gibson Development Group/Lake Gem I/, LLC), Mayor Sessoms will ABSTAIN from
voting on this transaction because he is an Officer of TowneBank, which is located at 297 Constitution
Drive, and the applicant may obtain financing from TowneBank. Mayor Sessoms' correspondence of
May 26, 2009, is hereby made a part of the record.
May 26, 2009
11I1
- 53 -
Item V-M.l.
PLANNING
ITEM # 58873
Upon motion by Vice Mayor Jones, seconded by Councilman DeSteph, City Council ADOPTED
the Ordinance upon application of the CITY OF VIRGINIA BEACH for a street closure at Terrell
Avenue (unimproved) to incorporate the right-ofway into surrounding property owned by the City
ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA
BEACH FOR THE CLOSURE OF A PORTION OF TERRELL A VENUE
EAST OF LONDON BRIDGE ROAD.
Ordinance upon application of the City of Virginia Beach for the closure
of a portion of Terrell Avenue east of London Bridge Road. (GP IN: South
of 14979276410000, and north of 14979284620000,
14979274750000,14979274020000 and 14979264530000)
DISTRICT 6 - BEACH
The following conditions shall be required:
1. The City Attorney's Office will make the final determination regarding ownership of the
underlying fee. The purchase price to be paid to the City is normally determined
according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to
Street Closures, " approved by City Council. Copies of the policy are available in the
Planning Department. No purchase price shall be charged in this street closure,
however, because the City is both the owner of the underlyingfee and the applicant
seeking this street closure.
2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate
the closed area into the adjoining parcels. The plat must be submitted and approved for
recordation prior to final street closure approval.
3. The applicant shall verify that no private utilities exist within the right-ofway proposed
for closure. Ifprivate utilities do exist, easements satisfactory to the utility company must
be provided.
4. Closure of the right-ofway shall be contingent upon compliance with the above stated
conditions within 365 days of approval (May 25, 2010) by City Council. If the conditions
noted above are not accomplished and the final plat is not approved within one year of
the City Council vote to close the right-ofway, this approval shall be considered null and
void.
May 26, 2009
III
- 54 -
Item V-M.l.
PLANNING ITEM # 58873 (Continued)
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 26,2009
III
1 APPLICATION OF THE CITY OF VIRGINIA BEACH
2 FOR THE CLOSURE OF A PORTION OF TERRELL
3 AVENUE EAST OF LONDON BRIDGE ROAD.
4
5 WHEREAS, City of Virginia Beach (the "Applicant") applied to the Council
6 of the City of Virginia Beach, Virginia, to have the hereinafter described unimproved
7 right-of-way discontinued, closed, and vacated; and
8
9 WHEREAS, it is the judgment of the Council that said right-of-way be
10 discontinued, closed, and vacated, subject to certain conditions having been met on or
11 before one (1) year from City Council's adoption of this Ordinance;
12
13 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
14 Virginia Beach, Virginia:
15
16 SECTION I
17
18 That the hereinafter described right-of-way be discontinued, closed and
19 vacated, subject to certain conditions being met on or before one (1) year from City
20 Council's adoption of this ordinance:
21
22 All that certain piece or parcel of land situate, lying and being
23 in the City of Virginia Beach, Virginia, designated and
24 described as "AREA OF TERRELL AVENUE FOR
25 PROPOSED CLOSURE = 9,573 SQUARE FEET OR 0.220
26 ACRES" shown as the cross-hatched area on that certain
27 plat entitled: "EXHIBIT DEPICTING PORTION OF
28 TERRELL AVENUE FOR PROPOSED STREET CLOSURE
29 VIRGINIA BEACH, VIRGINIA" Scale 1"=50', dated April 13,
30 2009, prepared by LandMark Design Group, a copy of which
31 is attached hereto as Exhibit A.
32
33 SECTION II
34
35 The following conditions must be met on or before one (1) year from City
36 Council's adoption of this ordinance:
37
38 GPIN(S): 1497-92-6671-0000; 1497-92-7641-0000; 1497-92-8462-0000; 1497-92-7475-
39 0000; 1497-92-7402-0000; 1497-92-6453-0000
40
1
III I
41 1. The City Attorney's Office will make the final determination regarding
42 ownership of the underlying fee. The purchase price to be paid to the City is normally
43 determined according to the "Policy Regarding Purchase of City's Interest in Streets
44 Pursuant to Street Closures," approved by City Council. Copies of the policy are
45 available in the Planning Department. No purchase price shall be charged in this street
46 closure, however, because the City is both the owner of the underlying fee and the
47 applicant seeking this street closure.
48
49 2. The applicant shall resubdivide the property and vacate internal lot lines to
50 incorporate the closed area into the adjoining parcels. The plat must be submitted and
51 approved for recordation prior to final street closure approval.
52
53 3. The applicant shall verify that no private utilities exist within the right-of
54 way proposed for closure. If private utilities do exist, easements satisfactory to the utility
55 company must be provided.
56
57 4. Closure of the right-of-way shall be contingent upon compliance with the
58 above stated conditions within 365 days of approval by City Council. If the conditions
59 noted above are not accomplished and the final plat is not approved within one year of
60 the City Council vote to close the right-of-way this approval shall be considered null and
61 void.
62
63 SECTION III
64
65 1. If the preceding conditions are not fulfilled on or before May 25, 2010,
66 this Ordinance will be deemed null and void without further action by the City Council.
67
68 2. If all conditions are met on or before May 25, 2010, the date of final
69 closure is the date the street closure ordinance is recorded by the City Attorney.
70
71 3. In the event the City of Virginia Beach has any interest in the
72 underlying fee, the City Manager or his designee is authorized to execute whatever
73 documents, if any, that may be requested to convey such interest, provided said
74 documents are approved by the City Attorney's Office.
75
76 SECTION IV
77
78 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
79 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY
80 OF VIRGINIA BEACH as "Grantor" and CITY OF VIRGINIA BEACH, as "Grantee."
81
82 Adopted by the Council of the City of Virginia Beach, Virginia, on this
83 26th day of May, 2009.
2
CA11012
I Ivbgov .comldfs 1 lapplicationslcitylawprodlcycom321 WpdocslDO 141P0051000 12699. DOC
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May 14, 2009
11111
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
WC{Cv q. VV~
City Attorney
3
III
- 55 -
Item V-M.2.
PLANNING
ITEM # 58874
Upon motion by Vice Mayor Jones, seconded by Councilman DeSteph, City Council ADOPTED
the Ordinance upon Application of the CA VALIER GOLF and YACHT CLUB for the closure of a
portion of Cardinal Road from the north side of Starling Court to its terminus.
ORDINANCE UPON APPLICATION OF CAVALIER GOLF & YACHT
CLUB, STREET CLOSURE. PORTION OF CARDINAL ROAD FROM
THE NORTH SIDE OF STARLING COURT TO ITS TERMINUS.
Ordinance upon application of CAVALIER GOLF & YACHT CLUB.
Street Closure. portion of Cardinal Road from the north side of Starling
Court to its terminus. (GPIN: 24182465840000)
DISTRICT 5 - LYNNHA VEN
The following conditions shall be required:
1. The City Attorney's Office will make the final determination regarding ownership of the
underlyingfee, The purchase price to be paid to the City shall be determined according
to the "Policy Regarding Purchase of City 's Interest in Streets Pursuant to Street
Closures" approved by City Council. Copies of the policy are available in the Planning
Department.
2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate
the closed area into the adjoining parcels. The plat must be submitted and approved for
recordation prior to final street closure approval.
3. The applicant shall verifY that no private utilities exist within the right-of-way proposed
for closure. If private utilities do exist, easements satisfactory to the utility company must
be provided.
4. Closure of the right-of-way shall be contingent upon compliance with the above stated
conditions within 365 days of approval by City Council (May 25. 2010). If the conditions
noted above are not accomplished and the final plat is not approved within one year of
the City Council vote to close the right-of-way. this approval shall be considered null and
void.
May 26, 2009
- 56 -
Item V-M.2.
PLANNING ITEM # 58874 (Continued)
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
,II II
May 26, 2009
III II
1 APPLICATION OF CAVALIER GOLF & YACHT
2 CLUB FOR THE CLOSURE OF A PORTION OF
3 CARDINAL ROAD FROM THE NORTH SIDE OF
4 STARLING COURT TO ITS TERMINUS.
5
6 WHEREAS, Cavalier Golf & Yacht Club (the "Applicant") applied to the
7 Council of the City of Virginia Beach, Virginia, to have the hereinafter described right-of-
8 way discontinued, closed, and vacated; and
9
10 WHEREAS, it is the judgment of the Council that said right-of-way be
11 discontinued, closed, and vacated, subject to certain conditions having been met on or
12 before one (1) year from City Council's adoption of this Ordinance;
13
14 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
15 Virginia Beach, Virginia:
16
17 SECTION I
18
19 That the hereinafter described right-of-way be discontinued, closed and
20 vacated, subject to certain conditions being met on or before one (1) year from City
21 Council's adoption of this ordinance:
22
23 All that certain piece or parcel of land situate, lying and being
24 in the City of Virginia Beach, Virginia, designated and
25 described as "INDICATES 77,649.5 SQ. FT. PARCEL
26 KNOWN AS A PORTION OF CARDINAL ROAD TO BE
27 CLOSED" shown as the cross-hatched area on that certain
28 plat entitled: "PLAT SHOWING PORTION OF CARDINAL
29 ROAD TO BE CLOSED BY THE CITY OF VIRGINIA
30 BEACH VIRGINIA BEACH, VIRGINIA" Scale 1"=100', dated
31 December 19, 2008, prepared by Gallup Surveyors &
32 Engineers, LTD., a copy of which is attached hereto as
33 Exhibit A.
34
35 SECTION II
36
37 The following conditions must be met on or before one (1) year from City
38 Council's adoption of this ordinance:
39
40 GPIN: 2418-24-6584-0000
41
1
III II
42 1. The City Attorney's Office will make the final determination regarding
43 ownership of the underlying fee. The purchase price to be paid to the City shall be
44 determined according to the "Policy Regarding Purchase of City's Interest in Streets
45 Pursuant to Street Closures," approved by City Council. Copies of the policy are
46 available in the Planning Department.
47
48 2. The applicant shall resubdivide the property and vacate internal lot
49 lines to incorporate the closed area into the adjoining parcels. The plat must be
50 submitted and approved for recordation prior to final street closure approval.
51
52 3. The applicant shall either dedicate an easement for the existing water
53 line and sanitary sewer line located within the right-of-way proposed for closure, subject
54 to the approval of the Department of Public Utilities and the City Attorney's Office, which
55 easement shall include a reasonable right of ingress and egress, or the applicant shall
56 relocate the taps and connections associated with the existing water line and sanitary
57 sewer line, subject to the approval of the Department of Public Utilities.
58
59 4. The applicant shall verify that no private utilities exist within the right of
60 way proposed for closure. Preliminary comments from the utility companies indicate that
61 there is a gas line that runs along a portion of the right-of-way proposed for closure. If
62 private utilities do exist, easements satisfactory to the utility companies must be
63 provided.
64
65 5. Closure of the right-of-way shall be contingent upon compliance with
66 the above stated conditions within 365 days of approval by City Council. If the
67 conditions noted above are not accomplished and the final plat is not approved within
68 one year of the City Council vote to close the right-of-way, this approval shall be
69 considered null and void.
70
71 SECTION III
72
73 1. If the preceding conditions are not fulfilled on or before May 25, 2010,
74 this Ordinance will be deemed null and void without further action by the City Council.
75
76 2. If all conditions are met on or before May 25, 2010, the date of final
77 closure is the date the street closure ordinance is recorded by the City Attorney.
78
79 3. In the event the City of Virginia Beach has any interest in the
80 underlying fee, the City Manager or his designee is authorized to execute whatever
81 documents, if any, that may be requested to convey such interest, provided said
82 documents are approved by the City Attorney's Office.
83
84 SECTION IV
85
2
III I
86 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
87 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY
88 OF VIRGINIA BEACH as "Grantor" and CAVALIER GOLF & YACHT CLUB, as
89 "Grantee."
90 Adopted by the Council of the City of Virginia Beach, Virginia, on this
91 26thdayof May ,2009.
92
93 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-
94 FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL.
CA10997
\ \vbgov .com\dfs 1 \applications\citylawprod\cycom32\ Wpdocs\D007\P005\OOO 11889 .DOC
R-1
May 7, 2009
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
W{UL(f AAii!Ow
City Attorney
3
11111
- 57 -
Item V-M.3.
PLANNING
ITEM # 58875
Upon motion by Vice Mayor Jones, seconded by Councilman DeSteph. City Council ADOPTED an
Ordinance upon application of ELLIS-GIBSON DEVELOPMENT GROUP / LAKE GEM II, LLC for
a Conditional Use Permit re a seasonal outdoor "green" market at 2181 Upton Drive.
ORDINANCE UPON APPLICATION OF ELLIS-GIBSON
DEVELOPMENT GROUP / LAKE GEM II, LLC, CONDITIONAL USE
PERMIT, SEASONAL OUTDOOR 'GREEN'MARKET, 2181 UPTON
DRIVE. R050935341
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of ELLIS-GIBSON DEVELOPMENT
GROUP / LAKE GEM II, LLC, Conditional Use Permit, seasonal
outdoor 'green' market, 2181 Upton Drive. (GPIN: 24142499220000)
DISTRICT 7 - PRINCESS ANNE
The following conditions shall be required:
1. The activities of the Green Market shall occur in the area of the parking lot on the southern
side of the retail strip designated as D8E-1.
2. Operation of the market shall occur only once per week, on Saturday, between 8:00 A.M.
and 1:00 P.M. during the period between the traditional Memorial Day weekend and the last
Saturday in September.
3. Trash and recycling receptacles shall be located at the entrances to the market. The site shall
be cleared of trash at the conclusion of each market day and all receptacles shall be removed
and contents properly disposed of at the end of each market day.
4. Parking for the market shall occur in the parking area at the east side of the retail strip as
allowed by agreement between the applicant and those property owners,
5. The market shall be only for the sale of local agricultural, seafood, related organic food
products and hand-made craft items. Pet-friendly businesses, non-profit organizations and
health & wellness experts may also operate within the market area.
6. The Zoning Administrator shall review this Use Permit on an annual basis to determine if
there have been any issues during the prior season of operation that negatively impact on the
compatibility of the use with the surrounding area to the extent that a re-evaluation of the
Use Permit is necessary. If so, the Use Permit shall be re-evaluated by the Planning
Department staff who shall recommend appropriate action to the Planning Commission and
City Council.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-sixth of May, Two
Thousand Nine
May 26, 2009
III II
- 58 -
Item V-M.3.
PLANNING ITEM # 58875 (Continued)
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John E. Uhrin. Ron
A, Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Abstaining:
Mayor William D. Sessoms, Jr.
Council Members Absent:
None
Mayor Sessoms DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(E}, Code of Virginia re
Item M3. (Ellis-Gibson Development Group/Lake Gem II, LLC). Mayor Sessoms ABSTAINED from
voting on this transaction because he is an Officer of TowneBank, which is located at 297 Constitution
Drive, and the applicant mav obtain financing from TowneBank. Mayor Sessoms' correspondence of
May 26, 2009, is hereby made a part of the record.
May 26, 2009
III
City c:>f Vi:rgi~ia Beach
WilLIAM D. SESSOMS, JR.
MAYOR
VBgov.com
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9000
(757) 385-4581
FAX (757) 385-5699
wsessoms@vbgov.com
In Reply Refer to 0039039
May 26, 2009
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Dear Mrs. Fraser:
Re: Abstention Pursuant to Conflict ofInterests Act S 2.2-3115 (E)
Pursuant to the State and Local Government Conflict ofInterests Act, I make the following
declaration:
1. I am executing this written disclosure regarding City Council's discussion and vote
on the application of Ellis-Gibson Development Group/Lake Gem II, LLC for a
conditional use permit for a seasonal outdoor market at 2181 Upton Drive.
2. I have a personal interest in this transaction because I am an officer of TowneBank,
which is located at 297 Constitution Drive in Virginia Beach, and TowneBank may
provide financing for this project. -==---
3. I wish to disclose this interest and abstain from voting on this matter.
Accordingly, I respectfully request that you record this declaration in the official records of
City Council.
Mrs. Ruth Hodges Fraser
-2-
Re: Abstention Pursuant to Conflict of Interests Act S 2.2-3115 (E)
Thank you for your assistance and cooperation in this matter.
#4h
William D. Sessoms
Mayor
WDS/RRI
III II
May 26, 2009
III II
- 59 -
Item V-M.4.
PLANNING
ITEM # 58876
Upon motion by Vice Mayor Jones, seconded by Councilman DeSteph, City Council DEFERRED
INDEFINITELY an Ordinance upon application of NEW CINGULAR WIRELESS PCS, LLC (TIA
AT&T) for a Conditional Use Permit re a communication tower at 6009 Blackwater Road.
ORDINANCE UPON APPLICATION OF NEW CINGULAR
WIRELESS PCS, LLC (TIA AT&T) FOR A CONDITIONAL USE
PERMIT RE A COMMUNICATION TOWER AT 6009 BLACKWATER
ROAD
Ordinance upon application of NEW CINGULAR WIRELESS PCS,
LLC (TIA AT&T) for a Conditional Use Permit re a communication
tower at 6009 Blackwater Road.
DISTRICT 7 - PRINCESS ANNE
Voting:
I 1-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 26. 2009
III II
- 60-
Item V-M.S.
PLANNING
ITEM # 58877
Upon motion by Vice Mayor Jones, seconded by Councilman DeSteph, City Council ADOPTED an
Ordinance upon application of CHESTER and VIVIAN TUCKER for a Conditional Use Permit to
convert their single family residence into a Country Inn at 1557 Sandbridge Road
ORDINANCE UPON APPLICATION OF CHESTER AND VIVIAN
TUCKER FOR A CONDITIONAL USE PERMIT TO CONVERT
THEIR SINGLE FAMILY RESIDENCE INTO A COUNTRY INN AT
1557 SANDBRIDGE ROAD R050935342
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of CHESTER and VIVIAN TUCKER for a
Conditional Use Permit to convert their single family residence into a
Country Inn at 1557 Sandbridge Road (GPIN: 2418854670000)
DISTRICT 7 - PRINCESS ANNE
The following conditions shall be required:
1. A Certificate of Occupancy for the change of use must be obtained from the Building Official's
Office prior to operating the residence as a Country Inn.
2. A Tourist Establishment Permit must be obtained from the Virginia Department of Public
Health.
3. Approval from the Health Department shall be obtained for water and sewage disposal, as City
water and sewer service are not currently provided to this site, and any modifications to the
exiting septic system shall be installed as deemed necessary by the Health Department prior to
the issuance of the final occupancy.
4. The Country Inn is limited to no more than five (5) guest rooms.
5. Food service shall be limited to breakfast and a light fare menu of sandwiches, salads, soups,
fruit and cheese plates and snacks provided only for the guests of the inn.
6. The development of the site shall substantially adhere to the site plan entitled "Site Plan, Lot 2,
Subdivision of Portion of Property Owned by David B. Hill, Jr., et. al. " prepared by Gallup
Surveyors & Engineers, Ltd. dated June 30, 1987, with the exception of addition(s) to the
dwelling. The site plan has been exhibited to City Council and is onfile in the Planning
Department.
7. Any additions to the dwelling shall comply with the regulations of the Floodplain Ordinance
and any other City Ordinances and regulations.
8. Any additions to the dwelling shall be in substantial conformance with the architectural design
and with the same building materials and colors as the existing residential structure and shall
be submitted to the Planning Director for review and approval prior to the issuance of a
building permit.
May 26, 2009
III II
- 61 -
Item V-M.5.
PLANNING
ITEM # 58877 (Continued)
9. Sign age shall be limited to one (1) identification sign no more than nine (9) square feet in area.
There shall be no other signage in or on the windows, doors or exterior of the building other
than emergency or directional signs that may be required by the Building Official's Office.
10. The applicant shall meet with the Fire Marshal to review the site, the building and the site plan
and implement recommended fire safety measures deemed necessary and enforceable by the
Fire Marshal for the facility.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance,
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-sixth of May, Two
Thousand Nine
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 26, 2009
III II
- 62 -
Item V-M.6.
PLANNING
ITEM # 58878
Upon motion by Vice Mayor Jones, seconded by Councilman DeSteph, City Council ADOPTED an
Ordinance upon application of FLORDELIZA and DANIEL BAYANGOS, JR., DBA LIZA'S
RESIDENTIAL CARE for a Conditional Use Permit re senior residential care at 5084 Langston Court,
ORDINANCE UPON APPLICATION OF FLORDELIZA AND
DANIEL BAYANGOS, JR., DBA LIZA'S RESIDENTIAL CARE
FOR A CONDITIONAL USE PERMIT RE SENIOR RESIDENTIAL
CARE AT 5084 LANGSTON COURT. R050935343
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of FLORDELIZA and DANIEL
BAYANGOS, JR., DBA LIZA'S RESIDENTIAL CARE for a
Conditional Use Permit re senior residential care at 5084 Langston
Court (GPIIN: 14667099830000). DISTRICT 2 - KEMPSVILLE
The following conditions shall be required:
1. The Conditional Use Permit shall be for Assisted Living Care of up to five (5) seniors as
defined by the City of Virginia Beach Zoning Ordinance within three (3) bedrooms of the
dwelling located on the parcel.
2. The applicants shall file an application with the State Department of Social Services to be
licensed as a Assisted Living Facility Home. Ijthe applicant is not licensed as an Assisted
Living Facility, the applicant shall care for only three (3) individuals consistent with the
regulations of the State Department of Social Services.
3. All necessary alteration permits and a Certificate of Occupancy for the use shall be obtained
from the Department of Planning / Permits and Inspections Division before occupancy of
more than three (3) seniors.
4. Only one (1) employee (aide), not including the applicants, may be on the site at anyone
time.
5. The applicants shall meet with the City Fire Marshall to review the building and site plans
and shall agree to fire safety measures for the facility that are satisfactory to and enforceable
by the Fire Marshall.
6. The facility shall meet the building provisions of the Americans with Disabilities Act or the
applicants shall require that the residents be ambulatory.
7. The building shall be protected by centrally-monitored alarm systems. Bedrooms and
bathrooms shall be served by a centrally-monitored call-for-aid system
8. The house numbers on the front of the residence shall be clearly visible and unobstructed at
all times so that emergency personnel can quickly find the house.
9. This Conditional Use Permit shall be administratively reviewed in two (2) years for
compliance with these conditions.
May 26. 2009
III II
- 63 -
Item V-M.6.
PLANNING
ITEM # 58878 (Continued)
This Ordinance shall be effective in accordance with Section 107 (/) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-sixth of May, Two
Thousand Nine
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 26, 2009
11I11
- 64-
Item V-M. 7.
PLANNING
ITEM # 58879
Upon motion by Vice Mayor Jones, seconded by Councilman DeSteph, City Council ADOPTED an
Ordinance upon application of PRINCESS ANNE CHURCH OF CHRIST for a Conditional Use Permit
re a church at 3016 Virginia Beach Boulevard:
ORDINANCE UPON APPLICATION OF PRINCESS ANNE CHURCH
OF CHRIST FOR A CONDITIONAL USE PERMIT RE A CHURCH AT
3016 VIRGINIA BEACH BOULEVARD R050935345
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of PRINCESS ANNE CHURCH OF
CHRIST for a Conditional Use Permit re a church at 3016 Virginia
Beach Boulevard:
DISTRICT 5 - LYNNHA VEN
The following conditions shall be required:
1. The number of individuals attending a service shall not exceedfifty (50), or the number
established by the City's Fire Marshall, with the lower number of the two (2) being the
maximum.
2. The applicant shall not use the space within the building for church purposes until all
requirements of relevant Building Code provisions pertaining to a church have been satisfied
and a Certificate of Occupancy for the use of the space as a church has been obtained from
the Department of Planning / Permits and Inspections Division.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-sixth of May, Two
Thousand Nine
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 26, 2009
II III
- 65 -
Item V-M.8.
PLANNING
ITEM # 58880
Upon motion by Vice Mayor Jones, seconded by Councilman DeSteph, City Council ADOPTED, with
DEED RESTRICTIONS, an Ordinance upon application of the CITY OF VIRGINIA BEACHfor a
Change of Zoning District Classification from R-5D Residential Duplex and A-I2 Apartment to I-I Light
Industrial at London Bridge and Potters Road. (AIC02)
ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA
BEACH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-5D RESIDENTIAL DUPLEX AND A-I2 APARTMENT TO I-I
LIGHT INDUSTRIAL A T LONDON BRIDGE AND POTTERS ROAD.
(AICUZ) Z0509I226
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA
Ordinance upon application of the CITY OF VIRGINIA BEACH for a
Change of Zoning District Classification from R-5D Residential Duplex
and A-I2 Apartment to I-I Light Industrial at London Bridge and Potters
Road. (AICUZ)
DISTRICT 6 - BEACH
Deed Restrictions shall be recorded with the Clerk of Circuit Court.
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-sixth of May, Two
Thousand Nine
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 26, 2009
III II
- 66-
Item V-M.9
PLANNING
ITEM # 58881
Upon motion by Vice Mayor Jones, seconded by Councilman DeSteph, City Council ADOPTED
Ordinance upon application of RICHMOND 20MHz, LLC, Modification of Conditions No. 1 and 3
(approved by City Council on November 22, 2005) re location and the number of antenna arrays allowed
on the tower at 1000 Great Neck Road
ORDINANCE UPON AP PLICA TION OF RICHMOND 20MHZ, LLC,
MODIFICATION OF CONDITIONS NO. 1 AND 3 (APPROVED BY
CITY COUNCiL ON NOVEMBER 22,2005) RE LOCATiON AND THE
NUMBER OF ANTENNA ARRAYS ALLOWED ON THE TOWER AT
1000 GREAT NECK ROAD
Ordinance upon application of RICHMOND 20MHz, LLC,
Modification of Conditions No. 1 and 3 (approved by City Council on
November 22, 2005) re location and the number of antenna arrays
allowed on the tower at 1000 Great Neck Road (GPIN:
24081377690000)
DISTRICT 5 - LYNNHA VEN
The following conditions shall be required:
1. All conditions, with the exception of Number 1 and Number 3 attached to the Conditional Use
Permit granted by the City Council on November 22, 2005, remain in effect.
2. Condition Number 1 of the November 22, 2005, Conditional Use Permit is deleted and
replaced with the following:
The tower shall be constructed substantially in adherence to the site plans entitled
"nTelos, NR-5434 Colonial Oaks 1000 North Great Neck Road Virginia Beach, VA
23454, Sheets T-1, N-1, N-2, N-3, C-1, C-2, C-2A, C-3, C-4, C-5" prepared by ALLPRO
Consulting Group, Inc. and dated Revision 2 12/01/08 Zoning. This site plan has been
exhibited to City Council and is on file with the Department of Planning
3. Condition Number 3 of the November 22, 2005, Conditional Use Permit is deleted and
replaced with the following:
The tower shall be constructed to accommodate equipment for three (3) additional
wireless providers as depicted on the submitted site plans
May 26, 2009
- 67 -
Item V-M.9
PLANNING ITEM # 58881 (Continued)
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
III II
May 26, 2009
III II
- 68 -
Item V-M. 10.
PLANNING
ITEM # 58882
Upon motion by Vice Mayor Jones, seconded by Councilman DeSteph, City Council ADOPTED
Ordinance to A UTHORIZE a new Official Zoning Map, which shall
replace the existing Map, due to a change in the computer mapping
format used to store the data and develop the printed copies. There are
no changes between the current and proposed maps in regard to the
Zoning Districts or to their existing locations.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 26, 2009
III II
1 AN ORDINANCE TO ADOPT A NEW OFFICIAL
2 ZONING MAP
3
4 WHEREAS, the public necessity, convenience, general welfare and good zoning
5 practice so require;
6
7 WHEREAS, the City of Virginia Beach has determined to change the computer
8 mapping format used to store and print the maps and other data contained in the official
9 zoning map; and
10
11 WHEREAS, no district boundaries or other substantive data have been changed on
12 the new zoning map;
13
14 NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OFTHE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16
17 That the official zoning map of the City of Virginia Beach be, and hereby is,
18 readopted, as shown on a series of sheets that have been marked and identified as such,
19 have been displayed before the City Council this date, and are on file in the Department of
20 Planning.
21
Adopted by the City Council of the City of Virginia Beach, Virginia on this 26Uday
of May ,2009.
Approved as to Content:
Approved as to Legal Sufficiency:
;vdlW( Iii; t!rutti
City Attorney's Office
CA-11115
R-3
April 27, 2009
Item #16
City of Virginia Beach
An Ordinance to Adopt a New Official Zoning Map
May 13, 2009
CONSENT
Joseph Strange: The next matter is item 16. An Ordinance to adopt a new Official Zoning Map
which shall replace the existing Official Zoning Map due to a change in the computer mapping
format used to store the map data and develop a printed copy. There are no changes to the
zoning districts or to their existing locations. Is there any opposition to this matter being placed
on the consent agenda? The Chair has asked Dr. Stephen White to review this item.
Stephen White: Thank you Mr. Strange. Item16 sounds ominous when you say "adopting a new
Official Zoning Map", but it is not ominous at all. The reason why we're doing this is the zoning
map that we currently have is on an antiquated computer system. It is time for the Planning
Department and the City to put the zoning map into the 21 sl Century. So, were moving it from
what's called a CAD System into a GIS, which will make it smarter. We will be able to do
some calculation and analysis with it. It will also allow the public to be able to view the zoning
maps online, on the Internet on the City's website, something that can't be done now very easily.
There are no changes to any of the boundaries. No changes to district designations, but the maps
are certainly a lot better looking.
Joseph Strange: Okay. Thank you Stephen.
Stephen White: You're welcome.
Joseph Strange: Madame Chair, I have a motion to approve item 16.
Janice Anderson: I have a motion by Joe Strange. Do I have a second? We have a second by
Don Horsley.
AYE 10 NAY 0 ABSO
ANDERSON AYE
BERNAS AYE
CRABTREE
HENLEY AYE
HORSLEY AYE
KA TSIAS AYE
LIV AS AYE
REDMOND AYE
RIPLEY AYE
RUSSO AYE
STRANGE AYE
ABSENT 1
ABSENT
Ed Weeden: By a vote of 10-0, the Board has approved item 16 for consent.
Item N. 1.
APPOINTMENTS
- 69-
ITEM # 58883
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
BIKEWAYS AND TRAILS ADVISORY COMMITTEE
HUMAN RIGHTS COMMISSION
PARKS and RECREATION COMMISSION
SOCIAL SERVICES BOARD
TIDEWATER COMMUNITY COLLEGE BOARD
II III II
May 26, 2009
- 70 -
Item N.2.
APPOINTMENTS
ITEM # 58884
Upon NOMINATION by Vice Mayor Jones. City Council:
REAPPOINTED:
James M. Arnhold
Scott P. Ayers
Alaura R. Guion
Charles R. Malbon, Jr.
APPOINTED:
Charles Gee Faison, Jr.
3 year term
07/01/2009 - 06/30/2012
BA YFRONT ADVISORY COMMITTEE
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel. Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin. Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
III II
May 26. 2009
- 71 -
Item N.3.
APPOINTMENTS
ITEM # 58885
Upon NOMINATION by Vice Mayor Jones, City Council:
REAPPOINTED:
George L. Grinnan, MD, Bayside District
S. Brady Vicce/lio, Lynnhaven District
Rodney A. Voelker, Centerville District
APPOINTED:
Charles W. Guthrie, Jr., At Large
Wesley B. Laine, Beach District
3 year term
07/01/2009 - 06/30/2012
BEACHES and WATERWAYS COMMISSION
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
III II
May 26. 2009
- 72-
Item N.4.
APPOINTMENTS
ITEM # 58886
Upon NOMINA TION by Vice Mayor Jones, City Council APPOINTED:
Chief Alfred M. Jacocks, Jr.
Unexpired term through 06/30/2011
CHESAPEAKE BA Y ALCOHOL SAFETY PROGRAM
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
II III II
May 26. 2009
- 73 -
Item N. 5.
APPOINTMENTS
ITEM # 58887
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Robert M. Dyer
Barbara M. Henley
James K. Spore
2 year term
07/01/2009 - 06/30/2011
HAMPTON ROADS PLANNNING DISTRICT COMMISSION
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
III II
May 26, 2009
- 74 -
Item N. 6.
APPOINTMENTS
ITEM # 58888
Upon NOMINATION by Vice Mayor Jones, City Council
REAPPOINTED:
Wanda J. Cooper
Delceno C. Miles
Prescott Sherrod
Edwin G. Tirona
John M. Williams
APPOINTED:
Mark J. Lilly
2-year term
06/01/2009 - 05/31/2011
MINORITY BUSINESS COUNCIL
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Dieze!, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
II III II
May 26, 2009
- 75 -
Item N. 7.
APPOINTMENTS
ITEM # 58889
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Michael E. Sawyer
4 year term, 07/01/2009 - 06/30/2013
TIDEWATER REGIONAL GROUP HOME COMMISSION
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
III II
May 26, 2009
II III II
- 76-
Item V. Q.
ADJOURNMENT
ITEM # 58890
Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:29 P.M.
~ ~ ~d'
~~___-P'_:_L'Y?J /~
Beverly o.Hooks, CMC
Chief Deputy City Clerk
(2~?!??~
:;;;;;;:;~ges Fraser, MMC
City Clerk
William D. Sessoms, Jr.
Mayor
City of Virginia Beach
Virginia
May 26, 2009
II III
- 76 -
Item V. Q.
ADJOURNMENT
ITEM # 58890
Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:29 P.M.
~___i?~___tja/'"
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
/2_'7-7(-1-: -k2;J~
~r::::ser, MMC
City Clerk
William D. Sessoms, Jr.
Mayor
City of Virginia Beach
Virginia
May 26, 2009