HomeMy WebLinkAboutSEPTEMBER 14, 1999 MINUTESUity oi Virginia k each
"WORLD'S LARGE$? RE$OR? CITY"
CITY COUNCIL
MAYOR MEYERA E OBERNDORF At Large
VICE MAYOR WILLIAM D SESSOMS JR At-Large
LINWOOD 0 BRANCH !11 Dtstrt~ t 6 Beat h
MARGARET L EURE District 1 Centervtll¢
WILLIAM W HARRISON JR Dtstrtct 5 l ynnha}en
HAROLD HEISCHOBER At-Large
BARBARA M HENLEY Dtstrtrt 7 Prtmess Anne
LOUIS R JONES Dtstnct 4 Baystde
REBA S McCLANAN Dtstrtct 3 Rose ttall
NANCY K PARKER At Large
A M (DON) WEEKS Dtstrtct 2-Kempsvdle
JAMES K SPORE Ctty Manager
LESLIE L LILLEY Ctty Attorney
RUTH HODGES SMITH CMC/AAE Ctty Clerk
CITY COUNCIL AGENDA
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH VIRGINIA 23456 9005
PttONE (757) 427
FAX (757) 426 5669
EMAIL CTYCNCL~CITY VIRGINIA BEACH VA U
14 September 1999
I. CITY MANAGER'S BRIEFINGS
- Conference Room -
11:00 AM
A,
INTERACTION INITIATIVE REPORT
Terry Jenkins, PhD, Director, Community Services Board (15 minutes)
B,
FLOODPLAIN REGULATIONS AND VARIANCES
Robert J. Scott, Director, Planning (15 minutes)
Co
RESORT NEIGHBORHOOD REVITALIZATION PLAN
Robert J. Scott, Director, Planning (30 minutes)
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
- Conference Room -
12:30 PM
A.
Bo
CALL TO ORDER- Mayor Meyera E. Obemdorf
ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- Council Chamber-
2:00 PM
A,
CALL TO ORDER- Mayor Meyera E. Obemdorf
B. INVOCATION:
The Reverend Stanley W. Sawyer
Rector, All Saints Episcopal Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS
7 September 1999
G. AGENDA FOR FORMAL SESSION
The Consent Agenda will be determined during the Agenda Review Session and constdered in the
or&nary course of business by City Council to be enacted by one motion.
H. ORDINANCES
o
Ordinance to AMEND Sections 2, 3, 4, 6, 7, 9 and 10 of the Southern Watershed
Management Ordinance (Appendix G) of the City Code by ADDING findings of fact and
objectives and modifying certain definitions, exemptions, performance standards, plan
components and terms.
Deferred:
7 September 1999
e
Ordinance to ACCEPT and APPROPRIATE $1,042,474 in State and Federal funds to the
FY 1999-2000 Operating Budget of the Community Services Board (CSB);
APPROPRIATE $195,181 from the Mental Health/Mental Retardation/Substance Abuse
(MH/MR/SA) Special Fund Revenue balance re rental for adult care residents and
conversion of a part-time aide to a full-time programmer trainee position.
0
Ordinance to APPROPRIATE SI-Million additional School Reversion funding to their
Capital Budget, in compliance with the City's Resource Management Policy, replacing $1-
Million of FY 1999-2000 Operating Budget funding to be used in the FY 1999-2000 School
Operating Budget re increased Health Insurance contribution to School employees.
o
Ordinance to ACCEPT and APPROPRIATE $190,095 from the Virginia Wireless E-911
Service Board to the FY 1999-2000 Operating Budget of the Department of
Communications and Information Technology re expenses for providing wireless 911
service; and, increase estimated revenue accordingly.
5. License Refunds:
$2,341.10
I.. PLANNING
Application of RUTH W. and JOHN TAYLOR for a Variance to Section 4.4(b)of
the Subdivision Ordinance re all newly created lots must meet all requirements of the City
Zoning Ordinance (CZO) at 5061 Morris Neck Road (PRINCESS ANNE - DISTRICT 7).
Recommendation:
APPROVAL
.
Application of THE FRIENDS SCHOOL OF VIRGINIA BEACH for a Conditional Use
Permit for an private school South of Laskin Road and East of the Eastern extremity
of Donna Boulevard (1537 Laskin Road), containing 1.32 acres (LYNNHAVEN -
DISTRICT 5).
Recommendation: APPROVAL
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
H
E 0
H I M B
A S C E S
DATE: September 7, 1999 B R C H C R P E
PAGE 2 R R H E J L N A S W
A E I O N O A D R S E
N U S B L N N O K O E
AGENDA C R O E E E A R E M K
ITEM # SUBJECT MOTION VOTE H E N R Y S N F R S S
i
6 Ordinance to authonze Cost Substitute 5-5 Y Y A Y N N N N N Y Y
Participation/Development Agreement motion to B
re design/construction of Ferrell Pkwy- Approve lost to S
Phase VI/extension of Upton Dnve/ be vote T
development of Lake Gem (total cost to A
C~ty not to exceed $2,900,000) Ma~n motion to 5-5 N N I N Y Y Y Y Y N N
Deny lost to t~e N
vote E
D
7 Request to approve City Council Policy ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
on maintenance/repair of aging City POLICY BY
infrastructure CONSENT
8 REFUNDS APPROVED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
CONSENT
a License-S13,377.18
b Tax - $ 3,815 47
K APPOINTMENTS
Parks and Recreabon Commission Rescheduled B Y C O N S E N S U S
L/M/ RECESS TO CLOSED SESSION for APPROVED 10-0 A Y Y Y Y Y Y Y Y Y Y
ADD pubhcly held property @ 3 10 PM
ON
ADD CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 A Y Y Y Y Y Y Y Y Y Y
ON
N ADJOURNMENT 3 55 PM
OUR N~
MINUTES
VIRGINIA BEACH CITY COUNCIL
V~rg~nla Beach, V~rg~n~a
September 14, 1999
Mayor Meyera E Oberndorf called to order the CITY MANAGER'S BRIEFING re INTERACTION
INITIATIVE REPORT in the Council Conference Room, Ctty Hall Building, on Tuesday, September 14,
1999, at l l OO A M
Councd Members Present'
Ltnwood 0 Branch, III, Margaret L. Eure, Harold Hetschober,
Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor
Meyera E Oberndo~ Nancy K Parker, and A M "Don" Weeks
Council Members Absent
Vtce Mayor Wdham D Sessoms, Jr.
William W Harrison, Jr
[FAMILY VA CA TION]
[ENTERED' 12 55 P M]
-2-
COMMENTS OF THE MA YOR
ITEM # 45424
Mayor Oberndorf extended appreciation to Chief Cade and the enttre Ftre Department for thetr
extraordinary handltng of the fire at the Lynnhaven Marine - Boatel on West Neck Road A nearby restdent
complimented the Department Mayor Oberndorf also referenced correspondence from a couple who own
a home on 27th Street extolltng the exemplary response of the City's fire department Afire occurred at thts
residence tn which thetr daughter was residtng
ITEM # 45425
Correspondence was received from Jimmy Capps - Hotel/Motel Assoctatton, providing glowing reports
relative Beach Events, their recovery and revitahzatton tn changing venue over Labor Day Weekend due
to the tnclement weather They are truly a professtonal organizatton
September 14, 1999
-3-
CITY MANAGER'S BRIEFING
INTERACTION INITIATIVE REPORT
ll:OO A. M.
ITEM # 45426
Dr Terry S Jenlans, Dtrector- Commumty Services and Task Force Chair, advtsed Mayor Oberndorf
created the mneteen member Interaction Initiative Task Force composed of a &verse group of mental
health, judtctal, law enforcement and educattonal professtonals with other communtty leaders. The Mayor
requested that the Task Force revtew tssues related to the behavior of troubled persons tn our communtty
with spectal attention to the tratntng needs of publtc employees Dr Jenktns tntroduced the followtng
Members tn attendance
Captain Jake Jacocks
Acting Chief- Police Department
Dr. Venita Newby-Owens
Director - Public Health
Robert Fall
Citizen Advisory Committee
Stnce the term "troubled persons " can be defined tn many ways, the Task Force chose to use the followtng
phrases to charactertze our population
Persons with serious mental illness including those with psychosis
Persons who abuse substances
Persons who exhibit violent and/or threatening behavior in domestic
situations
Persons who are highly stressed and have poor impulse control
Gtven the broad mandates of the Task Force, tt was agreed that they would meet monthly wtth spectfic
attentton upon three tssues. (1) the tnteractton between the pohce officers and troubled person tn the
communtty, (2) the status of school safety in our community tn terms of troubled chtldren and adolescents;
and (3) the level of tratntng and preparatton of all City employees wtth regard to workplace violence
The Task Force was able to tdenttfy 16 specific actions for consideration by the Virginia Beach Ctty Council
For purposes of conceptual clarity, they are grouped tnto the followtng categortes
POLICY
Workplace safety policy must emphasize zero tolerance of aggressive and
threatentng behavior in the workplace Resources must be made avatlable
to support departments tn the management of troubled employees tn order
to assure the safety of ctttzens and co-workers
/t process to consistently track and monitor verbal and physical threats
should be tmplemented.
Referrals to appropriate services tncluchng the Employee Assistance
program must be encouraged for troubled employees. Referrals should be
tracked tn order to determtne the effecttveness of the program and the
potential need for addtttonal interventions
The hiring and retention policies and procedures for public employees'
should be reviewed to assure that the pubhc work force is appropriately
skilled to deal wtth the pubhc
September 14, 1999
-4-
CITY MANAGER~S BRIEFING
INTERACTION INITIATIVE REPORT
ITEM # 45426 (Continued)
TRAINING
Public employees must be trained in identifying potentially dangerous
behavior and develop the skdls to effecttvely defuse threatemng behavtor
whether that behavior emanates from customers or from co-workers ,4
comprehensive training plan, which would include new employees, as well
as a system of ongomg tn-service tratntng should be developed and
tmplemented as soon as possible
Training materials should include the development of manuals for all
employees that would include referral sources
Training should.include conflict resolution, sensitivity and diversity
training including gender, race, age and disability.
Training should include prevention strategies, self protection, crisis
intervention and resolution techniques to promote safety
,4 culture of service must be remforced throughout the workplace on a
regular basts 'as part of the tralnmg effort
ENVIRONMENTAL ASSESSMENT
A work place audit of all city facilities tn terms of employee and ct.zen
safety issues should be conducted ,4ttentton should be focused upon
potenttal structural modtficattons, as well as process improvements to
enhance a culture of safety for employees and the pubhc Toptcs such as
ltghtmg, parkmg, handhng of cash, and employee identification should be
constdered
Technological improvements tncludmg televtston momtors, cameras, metal
detectors, and communtcatlon equtpment should be revtewed
Each department should develop a specialized crisis plan whtch would be
compded and tntegrated tnto a single safety pannmg document avadable
to the pubhc upon request
SER VICE TO THE COMMUNITY
City and school staff should jointly facilitate ongoing discussion groups
with the communtty regardtng safety tssues Local busmesses shouM be
recrutted to help support this dtscusston and partner tn problem solving
efforts
City and school staff should continue to.find ways to align services to at-
risk youth and their family members The efficacy of smaller schools and
smaller classrooms shouM be analyzed
Police and mental health staff should develop a specialized crisis
intervention team to respond to the needs of citizens wtth sertous mental
dlness
City staff should develop a response team avatlable to proacttvely reach
out to the commum(y to provtde community educatton and to help resolve
commumty concerns tncludmg neighborhood confltcts Thts effort should
include parttctpatton by human servtces departments, communtty poltce
officers, the faith community, voluntary organizations and ctvtc leagues
September 14, 1999
-5-
CITY MANA GER 'S BRIEFING
INTERACTION INITIATIVE REPORT
ITEM # 45426 (Continued)
Continental Research performed a survey of all Ctty Employees relattve issues concerning workplace safety
A total of 401 completed surveys were returned to Continental Research who presented thetrfindtngs to the
Task Force More than 'half of the employees participating from the Mental Health, Social Services,
Finance, Patios and Recreation, Police, and the Planning Departments, reported verbal attacl~s over the
past year from ctttzens The department reporttng the highest frequency of verbal attacl, s from the pubhc was
the Planning DeparOnent While 35% of the police respondents reported the expertence of physicai violence
over the past year, more than 23% of mental health employees had also expertenced physical violence from
chents More than 15% of judicial and 11% of recreation employees also reported phystcal vtolence from
ctttzens Most employees from mental health (63%), judicial system (69%) and police (72%) felt adequately
trained In short contrast, the majortty of employees from the other departments felt poorly equtpped to deal
wtth threatemng encounters
September 14, 1999
-6-
CITY MANAGER'S
BRIEFING
FL OODPLAIN RE G ULA TIONS AND VARIANCES
11:24 A.M.
ITEM # 4542 7
Robert J Scott, Dtrector of Planmng, advtsed that several years ago the Ctty Councd adopted Floodplain
regulattons tn the southern portion of the Ctty, whtch are constderably different from those that regulate
development in the northern potion City Council observed the conditton of the Ctty's dratnage system and
flood protectton tn the northern portton of the Ctty
Clay Bermck, Envtronmental Management Admtmstrator - Planmng, through the utthzatton of shdes,
presented tnformatton relattve the Ctty's Floodplain Regulations
FLOODPLAIN REGULATIONS
INTENT
Implement a policy of protecting the natural floodplains tn the
City by requtrtng that any filhng operattons taktng place
matntain the same flood storage capabthty and stormwater flow
charactertsttcs as those that naturally extst
PURPOSE
Protect life and property
Reduce public costs for flood control, rescue and relief efforts,
and construction and maintenance of manmade facilittes.
Preserve the highest possible level of water quality in the
waterways of the area..
Support and conform to the National Flood Insurance Program
SCOPE
Regulate filling activity within l O0-year floodplain
Regulate construction activity through building standards in
100- year floodplatn
RAMIFICATIONS
City participation and eligibility tn federal flood tnsurance
program
City adherence to building construction standards tn floodplatn
areas
FEMA reporting requirements for exceptions to requirements
HIS TORY
First adopted by City in 1973, as part of the Zomng Ordinance
Amended and relocated to Site plan Ordinance in 1996 to
change vartance procedures
GEOGRAPHIC EXTENT
Floodway- portton of l OO-year floodplatn which contains l O0-
year flood wtthout tncreastng water elevatton more than l foot.
Flood Fringe -rematnder of 100-yearfloodplatn
Coastal high hazard area -portion of lOO-yearfloodplain
subject to tnundation by high velocity waters and wave actton.
September 14, 1999
-7-
CITY MANAGER'S BRIEFING
FLOODPLAIN REGULATIONS AND VARIANCES
ITEM # 45427 (Continued)
FLOODPLAINS WITH SPECIAL RESTRICTIONS
INTENT
Protect integrity of l O0-year floodplain as Ctty develops
southward.
SCOPE - No filling of l O0 year floodplain which'
Alters contour of the land and would tncrease flood storage
capactty or adversely affect stormwater flow condtttons
EXCEPTIONS
Roadway or other similar public works construction
Minimum fill to assure adequate functtomng of septtc systems
GEOGRAPHIC EXTENT
North Landing River watershed south of Lynnhaven Parkway
West Neck Creek watershed south of Ships Corner Road and
London Bridge Road
Back Bay watershed south of South Birdneck Road and east of
General Booth Boulevard and Princess Anne Road.
RAMIFICATIONS
Unique environmental characteristics o f floodplains with
spectal restrictions
Cumulative versus individual impacts of indtvtdual dectsions
FEMA and federal flood insurance program impacts
VARIANCES AND THE FL OODPLAIN RE G ULA TIONS
REVIEW PROCESS
Admtmstered by Department of Planning
Staff recommendation prepared for City Council consideration
City Council action on each request.
VARIANCES - to be granted only if proposal meets these guidelines
Will not create or result in unacceptable orprohibited increases
tn flood hetghts, additional threats to public safety,
extraordinarypubhc expense, nutsances, fraud, or victimtzatton
of the pubhc
Will not be detrimental to thetr property in vtctntty.
Circumstances gtving rise to request are not of a general or
recurring nature
Circumstances arise from physical character of the property or
from use or development of adjacent property and not from
personal sttuatton of the apphcant
Will not be in conflict with any other city ordinance or
regulation.
There is a &fference even between areas within the Southern Watershed From the West Neck Creek and
North Landmg River Systems, there ts a more con. fined floodplain. Wtth Pungo Ridge to the east, Blackwater
and Hickory Ridge to the west, it is a more closed in floodplam The impact of this area could be much more
severe than what you would have tn Back Bay. Back Bay ts broader and more open, connected more to the
ocean, separated only by the sand barrter or bastcally the dune hne itself ~4n impact tn the lO0-year
floodplain tn thts area may result tn a very instgmficant of minimal measurable rtse in floodplams
September 14, 1999
-8-
CITY MANAGER'S BRIEFING
FL OODPLAIN REG ULA TIONS AND VARIANCES
ITEM # 4542 7 (Continued))
There wall be an apphcation for a variance on September 28, 1999, wtth approxtmately 5 or 6 more
proposals within the next few months. For drainage purposes, the City engineers adhere to the ten-year
storm and for water qualtty somettmes that ts tncreased to 25 years.
Water runs downhill If there are streets which are at an elevation of approximately 6feet, the water wtll
not run off of that street unless tt runs to something that ts lower than elevatton 6. If tt ts already full of water
there ts gotng to be a dratnage problem. At the present ttme the sod ts saturated, tf the Ctt)~ recetves heavy
ratn thts week, there will be a 100% runoff situation Soil Situations need to be taken tnto account Some
sods will accept the water more readtly than others Unfortunately, the lower soils or the ones closest to the
floodplain are sometimes the poorer sods that wtll not accept the water therefore magnifying the problem
Carl Smith, Public Works, advised in the review of the development plans from 1973 to 1986, the Ctty relied
on the l O0-year based flood being what FEMA estabhshed was at 5, which ts bastcally south of the very ltne
the City established when the maps were redone tn 1986 This was when the City was tnvolved tn the project
for Ptne Rtdge Thts changed to 7 ~ in that location. It has created tnundatton tn some areas the Ctty chd
not percetve even from an engineertng prospective that tt would as the Ctty was relytng on that very
information to make the determtnattons for engtneertng offloodtng that may occur Mr. Smtth has not heard
when FEMA wtll provide another update in the mapping
September 14, 1999
-9-
CITY MANAGER'S BRIEFING
RESORT NEIGHBORHOOD RE VITALIZATION
12:06 P.M.
ITEM # 45428
Robert Scott, Dtrector of Planning, advtsed this tmttattve came as the result ora dratnage problem and the
opportuntty to correct same The City worked closely wtth the netghbors tn that area to not only correct the
dratnage problem, but also preservtng and revitalizing this neighborhood. Thts work wtll ultimately
culminate tn an amendment to the Comprehensive Plan
Tom Pauls, Co-Ordtnator- Comprehensive Planning Department, advtsed an amendment to the
Comprehensive Plan will be heard by the Planning Commtsston tn mtd October The City has met many
times wtth the community. At thts potnt, Shadowlawn ts a not apart of thts plan, but wtll be part ora stmilar
plan tn approxtmately one or two years. Mr. Pauls introduced Richard T Lowman, Senior Ctvtc Engineer-
Parsons Brtnckerhoff Quade & Douglas, Inc,
Mr Lowman advised the main concept ts to stabthze the netghborhood tn that effort Traffic calmtng concepts
have been introduced
Street Narrowing. Some of the streets are 50feet wide. Baltic, Arctic, 23'd
24th, 25~ and 26ts will be narrowed to 22feet The amount of commercial
traffic uttltztng these streets ts excesstve. Some off street parking wtll be
provtded for the residents Many of these restdents do not have the parktng
spaces needed for their vehicles. Some of the parking area has been
converted tnto parlang spaces for the residents The goal ts to have two
parking spaces per untt for each of the restdents within thts neighborhood
The rest of the area wtll be green space
Traffic Islands These islands are about 20-foot in diameter, fully
landscaped and wtll be located at 25~, Arctic and Baltic Avenue. These
islands will make the cars comtng into the tntersectton reduce speed and
make tt harder for commercial vehtcles to uttltze these roadways as a
thruway
Gateways at all Entrances The gateways slow the cars down. These
gateways wtH be located at Arctic and Baltic, 27~ and ~, north of 22nd
Street, 25'~ Street, and the 24~ Street Access point back behind Virginia
Beach Middle School
The second aspect of the nezghborhood improvement would be the Street Closures located at 23'd, 24ta,
26tn and27~ Streets These are to chscourage tnfiltratton of oceanfront resort traffic tnto the netghborhoods
from these side streets Residents would have access from Arcttc Avenue and business would have access
to these stde streets from Pact. ftc Avenue At 23'd and 24~ there ts enough room tn the rtght-of-way to create
full cul-de-sacs wtth landscape areas. At 26th and 27n there wtll be just enough room for turn-around areas
Each of these streets has built into tt the optton for an emergency vehicle to get through these cubde-sacs
by means of mountable curve or stabilized or retnforcedpavement secttons The netghborhood improvements
tnvolve pedestrtan safety and this tncludes adding stdewalks around the schools, where sidewalks do not
currently exist at 23r~, 24'~, 25~ Streets, Arctic, Baltic, Mediterranean and Cypress A lO-foot multi-use trail
to run north/south along Baltic Avenue, in place of the pavement wtll stgntficantly add to the recreattonal
aspects of the netghborhood A lO-foot multi-use trail along 25~ Street connecttng to the ocean walkproject
wtll present a untque recreational acttvtty. Bike Racks at 25~ Street wtll create a bicycle transitton area
at the Munictpal Lot
Dave R Hall, Architect, Parks Brinckerhoff, Quade &Douglas, (wtth the utilizatton of shdes), &splayed two
options for design of the Gateways The first optton relocates the curb area, whtch regatns green space and
allows the addttton of neighborhood identification walls. A change of texture and matertals also would assist
tn reductng speed of traffic. The second option matntains interest potnts with less green area, but tntroduces
another median down the center and reinforces the fact that this is a residenttal community Mr HaH
&splayed an tllustration of the traffic circle at 25~n and Baltic. Materials and textures wtll be changed to
reduce the speed of traffic
September 14, 1999
- 10-
CITY M/INAGER'S BRIEFING
RESORT NEIGHBORHOOD RE VI T/ILIZ/I TION
ITEM # 45428 (Continued)
Adam J. Jack Project Manager - Rummel, Klepper and Kahl, provided informatton relattve the Lakewood
area, whtch has a specific history. Some of the areas wtthtn the Lakewood area are suffering drainage
problems that are structural and threatentng homes Mr Jack chsplayed the plan devtsed for revttahzatton
The areas shown in "green" are green space destred to be closed to thru traffic. Areas in "orange"
represent areas tmpacted by storm water improvements. The "dashed orange" area deptcts the street which
Pubhc Utthttes would hke to do some work, but does not have suffictent fundtngfor thts project The ulttmate
plan would be to revttahze the entire area of Lakewood $2-MILLION would be requtred to complete what
is not being depicted at present Mediterranean "Gateway" through the community (4feet wide, curb and
gutter, and stdewalk). The major portton of revttahzatton would be on netghborhood streets, tnstallation of
valley gutter and the narrowing of streets (16feet of pavement with three feet of valley gutter on etther side
for a total of 24 feeO There ts a current grant gtven to the Cttyfor quahty improvements of whtch narrowing
streets ts apart of thts grant. If the amount of pavement ts reduced, the amount of grtd and od whtch empties
into Lake Holly is reduced. Theseplans call for no on-streetparking In the firstphase this would mean, 300
spots of on-street parking eliminated.
Debbte Zywna, Planning, advtsed, as part of the Resort Neighborhood Revttahzation Plan, the City ts also
tnvestigating zoning tn the Resort Area, parttcularly the RT-3 Dtstrtct located in and around the
neighborhoods. Several meetings are scheduled beginning next week to brief the community on the Resort
Netghborhood Revttahzatton Plan
RESORT NEIGHBORHOOD REVITALIZATION PLAN
MEETING SCHEDULE
Paractpant/subject
Resort Beach Ctvtc League
Spectal Meettng Update
Resort Neighborhood
Revttahzatton Plan Open
House
Vtrgtnta Beach Hotel/Motel
Assoctatton
Vtrgtnta Retaders
Assoctatton
Vtrgtnta Beach Restaurant
Assoctatton
Resort Leadershtp Councd
Resort Netghborhood
Revttahzatton Plan - Pubhc
Meettng
Planntng Commtsston
Formal Sesston/Resort
Neighborhood Revttahzatton
Plan requesttng
Recommendatton for Ctty
Councd approval
Resort Netghborhood
LOCATION
Vtrgtnta Beach Mtddle
School
Pavdton Rehearsal Hall
Vtrgtnta Beach Mtddle
School
Councd Chamber
Contact
Barbara Yates
428-8052 - RBCL
Btll Holland
437-7610
Mary Pat Fortter
Vtrgtma Slusher
422-9952
Flo McDamel
422-4420
Peter Lawrence
422-4988
BarbaroYPubhc Informatton
office 42 7-4075
Stephen Whtte
MEETING
DA TE/TIME
9/21/99 ~ 7 O0 P M
9/28/99 ~ 7 O0 P M
9/28/99 ~ 7 O0 P M
9/28/99 ~ 7 O0 P M
9/28/99 ~ 7 O0 P M
9/28/99 ~ 7 O0 P M
10/5/99 ~ 7 O0 P M
10/13/99 ~ 12 O0 NOON
427-8610
Pavthon Boardroom
Datsey Cohan - CBD
1 0/14/99 (~ 3 O0 P M
Revttahzatton Plan~IL4 C
Update
Resort Beach Ctvtc League
Ctty Councd - Resort
Netghborhood Revttahzatton
Plan Request for approval
Vtrgtnta Beach Mtddle
School
Conference Room and
Councd Chamber
437-4700
Barbara Yates
428-8052
Kathleen Hassen
Ctty Manager's Office
10/25/99 @ 7 O0 P M
10/26/99 (~ 3 O0 P M &
600PM
September 14, 1999
-11-
CITY MANAGER'S
BRIEFING
RESORT NEIGHBORHOOD RE VITALIZATION
ITEM # 45428 (Continued)
Relattve the Revttahzatton Plan, Mr. Pauls advised the cost would be approxtmately $2-MILLION for the
first portton and $1.4-MILLION for the second The cost ts approxtmately $2- to 3-MILLION per block to
underground utilities wtthtn the whole beach area. If thts could be done, tt would probably be only at the
entrances
September 14, 1999
i
- 12-
AGENDA REVIEW SESSION
12:35 P.M.
ITEM # 45429
BY CONSENSUS, the following items shall compose the CONSENT AGENDA
ORDINANCES
HI
Ordtnance to AMEND Sections 2, 3, 4, 6, 7, 9 and 10 oJ the
Southern Watershed Management Ordtnance (Appendtx G) of the
Ctty Code by ADDING findings of fact and objecttves and
modtfytng certatn defintttons, exemptions, performance
standards, plan components and terms
H2
Ordinance to ACCEPT and APPROPRIATE $1,042,474 tn
State and Federal funds to the FY 1999-2000 Operating Budget
of the Communt02 Services Board (CSB); APPROPRIATE
$195,181 from the Mental Health/Mental Retardatton/Substance
Abuse (MH/MR/SA) Special Fund Revenue balance re rental for
adult care residents and converston of a part-trine atde to a
full-.me programmer trainee position.
H3
Ordinance to APPROPRIATE $1-Mtlhon additional School
Reverston fundtng to their Capital Budget, tn comphance with
the City's Resource Management Pohcy, replactng $1-Mdhon of
FY 1999-2000 Operating Budget funding to be used tn the FY
1999-2000 School Operattng Budget re increased Health
Insurance contribution to School employees.
H4
Ordtnance to ACCEPT and APPROPRIATE $190, 095 from the
Vtrgtnla Wtreless E-911 Servtce Board to the FY 1999-2000
Operattng Budget of the Department of Communications and
Information Technology re expenses for providing wireless 911
servtce, and, tncrease esttmated revenue accordingly
H 5 License Refunds:
$2,341.10
Councdman Harrison wdl ABSTAIN on Item H 1
September 14, 1999
-
AGENDA RE VIE W SESSION
ITEM # 45430
16
Apphcattons of WENDELL C. FRANKLIN for a Change of
Zomng District Classtficatton from RT-3 Resort Tourist District
to Conchttonal A-36 Apartment District, at the Southeast
tntersection of North Btrdneck Road and Pavthon Drive,
contatning approxtmately 8 889 acres (BEACH- DISTRICT 6)
Thts item will be DEFERRED two weeks unttl the Ctty Council Sesston of September 28, 1999, at the
request of the apphcant
ITEM # 45431
BY CONSENSUS, the followtng items shall compose the PLANNING BY CONSENT AGENDA
I1.
Applicatton of RUTH W. and JOHN TAYLOR fora
Vartance to Sectton 4 4(b) of the Subchvtston Ordtnance re all
newly created lots must meet all requirements of the Ctty
Zontng Ordtnance (CZO) at 5061 Morrts Neck Road
(PRINCESS ANNE - DISTRICT 7)
12
Apphcatton of THE FRIENDS SCHOOL OF VIRGINIA
BEACH for a Conditional Use Permit for an private school
South of Laslan Road and east of the eastern extremity of
Donna Boulevard (153 7 Laskin Road), containing 1 32 acres
(L YNNHA VEN - DISTRICT 5)
14
Apphcation of OCEANA ASSOCIATES, L.L.C., a Vtrgtnta
limtted habthty company, for a Change of Zomng Distrtct
Classtficatton from R-SD Restdential Duplex Dtstrtct to
Condtttonal I-1 Ltght Industrtal Dtstrtct at the Northwest
intersectton of Dam Neck and Holland Roads, contatntng 12 88
acres (PRINCESS ANNE- DISTRICT 7).
16
Apphcations of WENDELL C. FRANKLIN for a Change of
Zoning Dtstrict Classification from RT-3 Resort Tourtst District
to Conchttonal A-36 Apartment District, at the Southeast
tntersectton of North Birdneck Road and Pavthon Drtve,
contatntng approxtmately 8 889 acres (BEA CH- DISTRICT 6).
1 6 wtll be DEFERRED, BY CONSENT, two weeks, untd the City Council Session of September 28, 1999
September 14, 1999
-14-
ITEM # 45432
Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Ctty Counctl Conference Room, Ctty Hall Buddmg, on Tuesday, September 14, 1999, at
12 42PM
Counctl Members Present:
Linwood 0 Branch, III, Margaret L. Eure, Harold Hetschober,
Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera
E Oberndorf Nancy K Parker, and A. M "Don" Weeks
Council Members Absent'
William W Harrtson, Jr. and Vice Mayor William D Sessoms, Jr
September 14, 1999
I
- 15-
ITEM # 45455
Mayor Meyera E Oberndorf, entertained a motton to permtt City Council to conduct its CLOSED
SESSION, pursuant to Section 2 1-344(A), Code of Vtrgima, as amended, for the followmg purpose
PERSONNEL MATTERS: Dtscussion, constderatton or tnterviews of
prospecttve candtdates for employment, assignment, appointment,
promotwn, performance, demotton, salaries, &sctplming, or restgnatton
of specific pubhc officers, appointees, or employees pursuant to Sectton
2 1-344 (A) (1).
To Wit:
Boards and Commissions
Parks and Recreatton Commission
PUBLICLY-HELD PROPERTY Discussion or constderation of the
acqutsitton of real property for a pubhc purpose, or of the disposition of
pubhcly-held real property, where dtscusston tn an open meettng would
adversely affect the bargaining positron or negottating strategy of the
pubhc body pursuant to Sectton 2 1-344(A)(3)
Acqutsttton/Disposition of Real Property
Princess Anne Dtstrtct
Rudee Loop
Corporate Landtng
LEGAL MATTERS Consultation with legal counsel and brtefings by staff
members or consultants pertatntng to actual orprobable httgatton, where
such consultatton or briefing tn open meeting would adversely affect the
negottattng or httgattngposture of the pubhc body, and consultation with
legal counsel employed or retatned by a pubhc body regar&ng spectfic
matters requtrtng the provtston of legal advice by such counsel pursuant
to Section 2 1-344(A)(7)
To-Wtt
Pendtng or Threatened Litigation/Legal consultatton
Estate of Edward C Reed
Robert Engesser
TR T Paratranstt
TransAmerica Corporatton
Upon motion by Counctl Lady Eure, seconded by Councilman Hetschober, City Council voted to proceed
tnto CLOSED SESSION.
Vottng 9-0
Counctl Members Vottng Aye.
Linwood 0 Branch, III, Margaret L. Eure, Harold Heischober, Barbara
M. Henley, Louts R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and A M. "Don" Weeks
Councd Members Voting Nay:
None
Counctl Members Absent.
Wdham W Harrison, Jr. and Vice Mayor Wdham D Sessoms, Jr.
September 14, 1999
- 16-
FORMAL SESSION
VIRGINIA BEACH CITY COL,~¥CIL
Septetnber 14, 1999
2:00 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Council Chamber, Cay Hall Budding, on Tuesday, September 14, 1999, at 2 O0 P M
Counctl Members Present
Ltnwood 0 Branch, III, Margaret L Eure, William W Harrtson, dr,
Barbara M Henley, Louts R dones, Reba S McClanan, Mayor Meyera
E Oberndo~ Nancy K Parker andA M "Don" Weeks
Council Members Absent
Vice Mayor Wdham D Sessoms, Jr
HaroM Hetschober
[FAMILY VA CA TION]
[ILL]
INVOCATION
Reverend Stanley W Sawyer
Rector
All Saints Eptscopal Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATE$ OF AMERICA
September 14, 1999
Item g;E.
-17-
CER TIFICA TION OF
CLOSED SESSION
ITEM # 45434
Upon motton by Council Lady Parker, seconded by Counctlman Weeks, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc bustness matters lawfully exempted from Open Meettng
requirements by Vtrgtnta law were discussed tn Closed Sesston to which this
certtficatton resolution apphes,
AND,
Only such pubhc bustness matters as were identified tn the mo.on
convemng the Closed Session were heard, discussed or constdered by
Vtrgtnta Beach Ctty Counctl
Voting 9-0
Counctl Members Vottng Aye
Lmwood 0 Branch, III, Margaret L. Eure, Wtlham W. Harrtson, Jr,
Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera
E Oberndo~ Nancy K Parker and A M "Don" Weeks
Council Members Vottng Nay
None
Counctl Members Absent
HaroM Hetschober and I/tce Mayor WtHtam D Sessoms, Jr
September 14, 1999
i
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 # 45433, Page 15, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Sm h,
City Clerk
September 14, 1999
- 18-
Item V-F. 1
MINUTES
ITEM # 45435
Upon motion by Council Lady Parker, seconded by Councilman Branch, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of September 14, 1999.
17ottng 9-0
Council Members Vottng Aye
Lmwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera
E OberndorJT, Nancy K Parker and A M "Don" Weeks
Council Members Voting Nay
None
Counctl Members Absent
HaroM Hetschober and Vice Mayor Wtlham D Sessoms, Jr
September 14, 1999
I
- 19-
Item V-G. 1.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 45436
BY CONSENSUS, Ctty Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
September 14, 1999
- 20-
Item V-H.
ORDINANCES
ITEM # 4543 7
Upon mo.on by Councilman Jones, seconded by Counctlman Branch, Ctty Council APPROVED IN ONE
MOTION, Ordtnances 2, 3, 4 and 5 of the CONSENT AGENDA.
Votmg 9-0
Council Members Votmg Aye
Lmwood O. Branch, III, Margaret L Eure, Wtlham W Harrison, Jr,
Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera
E Oberndorf, Nancy K Parker and A M "Don" Weeks
Council Members Voting Nay
None
Counctl Members Absent
HaroM Hetschober and Vtce Mayor Wdham D Sessoms, Jr
September 14, 1999
- 21 -
Item V-H. 1.
ORDINANCES ITEM # 45438
Dick Browner, represented the Southern Leadershtp Counctl (a group of farmers and landowners tn the
southern portion of the Ctty) and requested this group be sponsored for the Ctty Counctl Sesston of
September 28, 1999, to speak relattve ordinances and tmpact on thetr properttes
Upon motton by Counctl Lady Parker, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Ordinance to AMEND Sections 2, 3, 4, 6, 7, 9 and 10 of the Southern
Watershed Management Or&'nance (Appendtx G) of the Ctty Code by
ADDING findings of fact and objecttves and modtfytng certain
definitions, exemptions, performance standards, plan components and
terms
An mformal meeting shall be SCHEDULED with City staff and Council Lady Henley representmg the
Pnncess Anne Dlstrtct to chscuss the concerns of the Southern Leadership Council
Voting. 9-0
Council Members Vottng Aye
Linwood 0 Branch, III, Margaret L. Eure, Barbara M Henley, Louts
R Jones, Reba S McClanan, Mayor Meyera E Oberndo~ Nancy K
Parker and A M "Don" Weeks
Council Members Voting Nay
None
Council Members Abstaining
William W Harrtson, Jr
Council Members Absent
HaroM Helschober and Vtce Mayor William D Sessoms, Jr
Councilman Harrison ABSTAINED He did vote last week to DEFER the matter and was under the
impression, the proposed Ordinance applied generally to all properties which wouM come under the
Ordinance The City Attorney has advised Councilman Harrison, it ts his oplnton that he should ABSTAIN
on the basts the proposed legtslatlon has a severe impact on a specific entity whtch his law firm represents
Even though it has general apphcattons, Councilman Harrison should ABSTAIN because of this severe
impact
September 14, 1999
AN ORDINANCE TO AMEND THE SOUTHERN WATERSHEDS
MANAGEMENT ORDINANCE (APPENDIX G OF THE CITY
CODE) BY ADDING FINDINGS OF FACT AND
OBJECTIVES AND MODIFYING CERTAIN DEFINITIONS,
EXEMPTIONS, PERFORMANCE STANDARDS, PLAN
COMPONENTS AND TERMS
7 SECTIONS AMENDED:
8 10
§§ 2, 3, 4, 6, 7, 9, and
9
10
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
11
That Sections 2, 3, 4, 6, 7, 9, and 10 of the Southern
12 Watersheds Management Ordinance of the City of Virginia Beach
13 (Appendix G of the City Code) are hereby amended and reordained to
14 read as follows:
15 Sec. 2. Findings of fact.
16
(a) The watersheds of the North Landing River, the Northwest
17 River and Back Bay, collectively referred to herein as the Southern
18 Watersheds of the city, and the waterways they contain, constitute
19 a unique and sensitive environment inclusive of coastal primary
20 sand dunes, tidal wetlands, nontidal wetlands and sensitive soils.
21
(b) Extensive floodplains and marsh fringes bordering the
22 waterways within the Southern Watersheds provide a unique and
23 valuable habitat. Lands adjacent to waterways have an intrinsic
24 water quality value due to the ecological and biological processes
25 they perform or which occur within them.
26
(c) Much of the land area comprising the Southern Watersheds
27 currently supports forestal, agricultural, recreational, and
28 conservation activities. Any future development must be undertaken
29 in a manner which encourages harmony among development,
30 agriculture, recreation and conservation.
31
(d) The primary topographic feature characterizing the
32 Southern Watersheds is the flatness of the lands surrounding Back
33 Bay, the North Landing River, the Northwest River and their
34 respective tributaries. The lack of topographic relief is a unique
35 characteristic of the Southern Watersheds which must be considered
36 when undertaking development and agricultural activities within the
37 watersheds.
38
(e) Submerged aquatic vegetation, certain migratory waterfowl
39 and finfish populations have seriously declined within the Back Bay
40 watershed. Proper management of existing wetland habitats and the
41 reestablishment of aquatic vegetation can improve habitat
42 conditions for both migratory waterfowl and aquatic life.
43
(f) Back Bay is generally shallow with a few narrow channels.
44 Wind-driven tides often inundate the lower floodplains. Wind tides,
45 coupled with storm events, influence the physical conditions of the
46 Bay, including salinity, suspended solids and nutrient levels.
47
(g) The increase of nutrients such as phosphorus and nitrogen
48 accelerates eutrophication of receiving waters, adversely affecting
49 plant and animal communities.
50
(h) Land-disturbing activities resulting mn the alteration of
51 natural topography, and removal of vegetation tends to increase
52 erosion.
53
(i) Vegetated areas adjoining waterways and wetlands protect
54 those resources by reducing the generation and transport of
55 sediment.
56
(j) Indigenous ground cover, especially forested floor area,
57 is effective in holding soil in place, thereby preventing site
58 erosion, and in filtering stormwater runoff. By minimizing
59 impervious cover and land disturbance, rainwater infiltration is
60 enhanced and stormwater runoff reduced.
61
(k) Unstable ditch and canal banks and eroding marsh areas
62 contrmbute sediment and nutrients to receiving streams.
63
(1) The major hydraulic pathways by which pollutants
64 generated by agricultural activities enter receiving streams are
65 surface runoff and groundwater discharge. The major pollutants are
66 sediment and nutrients.
67
(m) For agriculture tillage and cropping systems, nutrients,
68 animal waste management, irrigation, drainage, pest management and
69 other factors must be considered in conjunction with each other.
7O
(n) The implementation and assessment of agricultural best
71 management practices (BMPs) must be performed within the framework
72 of the entire farming system.
73
(o) A realistic program for the implementation of
74 agricultural BMPs cannot be developed in the absence of a holistmc
75 assessment of BMP effectiveness and impacts, including
76 environmental, economic, social and other motivational factors.
77
(p) The National Pollutant Discharge Elimination System
78 (NPDES) Program generally requires a reduction of pollutant loads
79 in stormwater runoff to the maximum extent practicable.
8O
(q) Periodic water quality monitoring has indicated elevated
81 levels of fecal coliform bacteria in several canals, connected to
82 Back Bay, adjacent to the Sandbridge community. These canals have,
83 in the past, been classified Class I health hazards in violation of
84 health department standards for primary contact waters.
85
87
88
9O
' '~ ~'~~ m~-~ The North Landing River from the
91 thc Virgmnm ............. 1 ~~
92 North Carolina line to the bridge at Route 165, the Pocaty River
93 from its junction with the North Landinq River to the Blackwater
94 Road bridge, West Neck Creek from the junction with the North
95 Landing River to Indian River Road bridge, and Blackwater Creek
96 from the junction with the North Landinq River to the confluence,
97 approximately 4.2 miles, of an unnamed tributary approximately 1.75
98 miles, more or less, west of Blackwater Road, have been desiqnated
99 by the Virqinia General Assembly as components of the Virqinia
100 Scenic Rivers System. The wetlands of the North Landing River,
101 Northwest River and Back Bay support high concentrations of natural
102 heritage resources and migratory waterfowl, making this area a
103 national conservation priority.
104
(s) In 1990, the United States Fish and Wildlife Service
105 completed an environmental assessment and land protection plan that
106 established an acquisition boundary, within which lands that are
107 nationally important for wildlife could be purchased for inclusion
108 in the National Wildlife Refuge System. When acquired, these
109 environmentally sensitive lands would be managed as part of the
110 Back Bay National Wildlife Refuge.
111
(t) There is not an absolute relationship between soil type
112 and topographic elevation. Some poorly drained soils, such as
113 Acredale, may occur both at low elevations adjacent to Back Bay and
114 at higher elevatmons in the interior portions of the city. These
115 hydric soils of different elevations are not equally suitable for
116 development. Conversely, there are a few areas of well-drained
117 soils that occur at relatively low elevations.
118
(u) Much of the area within the Southern Watersheds lies
119 within natural areas identified in the Virqinia Beach Natural Areas
120 Inventory and contains siqnificant natural heritaqe resources.
121
122
Sec. 3. Objectives.
This ordinance is intended to protect, enhance and restore the
123 quality of waters within the Southern Watersheds of the city. In
124 order to protect, maintain, and enhance both the immediate and the
125 long-term health, safety and general welfare of the citizens of the
126 City of Virginia Beach, this ordinance has the following
127 objectives:
128
(a) To encourage productive and enjoyable harmony among
129
agricultural, recreational, developmental and
130
conservation interests, and the natural resources of the
131
city;
132
(b) To enhance, restore and protect the chemical, physical
133
and biological integrity of waters within the Southern
134
Watersheds;
135
(c) To encourage the construction of drainage systems which
136
maintain or functionally approximate existing natural
137
systems and to prevent the alteration of existing
138
drainaqe systems where such activities may adversely
139
affect water quality or natural heritaqe resources;
140
(d) To encourage the protection of watercourses and the use
141
of them in ways which do not impair their beneficial
142
functioning;
143
(e) To minimize or reduce the transport of pollutants to the
144
waters of the Southern Watersheds;
145
(f) To protect groundwater;
146
(g) To minimize or reduce erosion and sedimentation;
147
(h) To prevent damage to wetlands and critical-edge habitat;
148 (i) To prevent damage from flooding, while recognizing that
149
natural fluctuations in water levels are beneficial;
150
(j) To protect, restore and maintain plant and animal,
151
including fish, communities in the Southern Watersheds;
152
(k) To improve drainage systems in a manner which promotes
153
bank stabilization, utilizing both structural and
154
nonstructural methods; and
155
(1) To sustain and accelerate accomplishments in protecting
156
water quality by continuing education, community
157
involvement and incentives as appropriate.
158 Sec. 4. Definitions.
159
The following words and terms used in this ordinance shall
160 have the following meanings, unless the context clearly indicates
161 otherwise:
162
163
(i) Development: The constructzon, alteration or installation
164 of any structure or other improvement upon a parcel of land, or any
165 land disturbance, whether or not undertaken in connection with
166 development, but not including activities associated with
167 agriculture or silviculture or the construction of improvements
168 used primarily for agricultural purposes.
169
170
(r) Land disturbance: Any activity upon land which causes,
171 contributes to, or results in the removal, destruction or covering
172 of the vegetation upon ~ any land, includmng, but not limited
173 to, clearing, dredging, filling, grading or excavating. The term
174 shall not include minor activity such as home gardening, individual
175 home landscaping and home maintenance.
176
177
178
Sec. 6. Exemptions.
The following activities shall be exempt from the provisions
179 of this ordinance:
180
(a) Maintenance, alterations or improvements of existing
181
structures not -m~-~ ~-
...... ~ng u~ affecting the quality, rate,
182
volume or location of surface water discharge or
183
significantly alterinq the characteristics of natural or
184
manmade drainaqe systems; provided, however, that any
185
such activity resulting in a land disturbance exceeding
186
an area of two thousand five hundred (2,500) square feet
187
shall be required to comply with the erosion and sediment
188
control requirements set forth in sections 30-56 through
189
30-78 of the City Code; [and]
190
(b) Development upon any lot or parcel of land lawfully
191
created and located within a residential zoning district
192
permitting single-family dwellings or duplexes as a
193
matter of right prior to the date of adoption of this
194
ordinance [March 24, 1992]; and
195
(c) Construction, installation, operation and maintenance of
196
water, sewer, electric, telephone, cable and gas lines
197
and their appurtenant structures, provided that:
198
(1) To the greatest practicable degree, the location of
199
such facilities shall be located outside of and no
200
less than fifty (50) feet from wetlands and
201
shorelines;
202
(2) No greater area of land shall be disturbed than is
203
necessary;
204
(3) The construction, installation, operatmon and
205
maintenance of such facilities shall comply with
206 all applicable state and federal requirements and
207
shall be designed and constructed in a manner which
208
minimizes adverse effects upon water quality; and
209
(4) Any land disturbance exceeding an area of two
210
thousand five hundred (2,500) square feet shall
211
comply with the erosion and sediment control
212
requirements set forth in sections 30-56 through
213
30-78 of the City Code; and
214
(d) Silvicultural activities, provided that such activities
215 comply with all applicable state and federal
216
requirements.
217 Sec. 7. Performance standards.
218
(a) Development resulting in or requiring a land disturbance
219 exceeding an area of two thousand five hundred (2,500) square feet
220 shall comply with the erosion and sediment control requizements set
221 forth in sections 30-56 through 30-78 of the City Code.
222
(b) On lots greater than or equal to one (1) acre in area and
223 not served by the public sewer system, a reserve sewage disposal
224 drainfield site with a capacity at least equal to that of the
225 primary sewage disposal drainfield site shall be provided unless,
226 in the judgment of the Virginia Beach Health District of the
227 Virginia Health Department, the area of such lot is insufficient to
228 accommodate such reserve drainfield site. On lots subject to the
229 criteria for septic tank installation in poorly drained soils, a
230 reserve sewage disposal drainfield site with a capacity no less
231 than one-half of the primary sewage disposal drainfield site shall
232 be provided unless, in the judgment of the Virginia Beach Health
233 District of the Virginia Health Department, the area of such lot is
234 insufficient to accommodate such reserve dralnfield site. The
235 construction or installation of any impervious surface shall be
236 prohibited on the area of all sewage disposal drainfield sites,
237 including reserve drainfield sites, until the property is served by
238 the public sewer system.
239
(c) Development in, or within fifty (50) feet of, any wetland
240 or shoreline, except wetlands or shorelines establmshed in
241 connection with structural best management practice facilities,
242 shall be prohibited; provided, however, that vegetation may be
243 cleared for the establishment of access paths if such removal is
244 undertaken in a manner which minimizes land disturbance and impacts
245 to remaining vegetation and maintains the functional value of the
246 fifty-foot area as a stormwater filter; and provided further, that
247 water-dependent facilities may be located within such area. Public
248 highways may be constructed in or across wetlands or shorelines or
249 within fifty (50) feet thereof under the following conditions:
250
(1) Any land-disturbing activity associated wmth such
251
construction shall be in compliance with the erosion and
252
sediment control requirements set forth in sections 30-56
253
through 30-78 of the City Code, or in the case of state
254
agency projects, with such conservation plan or erosion
255
and sediment control specifications as may be approved by
256
the department of conservation and recreation;
257
(2) There is no practicable alternative location which would
258
have less adverse impact on wetlands or waters within the
259
Southern Watersheds, taking into consideration cost,
260
existmng technology, and logistics mn light of overall
261
project purposes; and
262
(3) Appropriate and practicable measures are taken to
263
minimize potential adverse effects of such construction,
264 including any discharge of material assoczated therewith,
265
on wetlands or waters within the Southern Watersheds.
266
(d) The following design criteria shall apply to the
267 fifty-foot area described in subsection (c):
268
(1) Such area shall consist of a mixture of indigenous
269
evergreen and deciduous trees, grass and shrubs;
270
(2) Trees and shrubs, which may be of seedling variety, shall
271
be planted on ten-foot centers; and
272
(3) Except as allowed in subsection (c), vegetation located
273
in such area shall not be cleared, cut or mown.
274
(e) The following additional performance standards shall be
275 requirements of all development, except single-family dwellings or
276 duplexes separately built and not part of a subdivision:
277
(1) After development, runoff from the site shall approximate
278
the rate of flow and timing of runoff that would have
279
occurred following the same rainfall under predevelopment
280
conditions and, to the extent practicable, natural
281
conditions, unless runoff is discharged into a regional
282
BMP facility;
283
(2) Measures ensuring compliance with the following design
284
storm event criteria shall be incorporated:
285 Design Storm
286 Parcel Si ze Even t
287
Less than 300 acres
10-year storm
288
300 to 500 acres
25-year storm
289
Greater than 500 acres 50-year storm
290
(3) The natural hydrodynamic characteristics of the watershed
291
shall be maintained to the greatest extent practicable.
10
292 (f) The following additional performance standards shall be
293 requirements of all development:
294
(1) The quality of surface waters and groundwater shall be
295
protected and, where practicable, enhanced whcrc
296 ~ .......... ,
297
(2) Erosion during and after development shall be minimized;
298
(3) Groundwater levels shall be protected;
299
(4) The beneficial functioning of wetlands as areas for the
300
natural storage of surface waters and the chemical
301
reduction and assimilation of pollutants shall be
302 protected;
303
(5) The location, construction or design or structures in
304
areas prone to flooding shall be undertaken in such
305
manner as to prevent increased flooding and damage
306
resulting from such development;
307
(6) Salt water intrusion shall be prevented or minimized;
3O8
(7) Natural fluctuations in salinity levels in estuarine
309
areas shall not be altered;
310
(8) Land disturbance shall be minimized; and
311
(9) Injury to plant and animal communities and adverse
312
impacts upon fish and wildlife habitat shall be
313 minimi zed.
314 Sec. 9. Southern Watersheds Management Plan.
315
(a) The developer of any land within the Southern Watersheds
316 shall, prior to undertaking any land-disturbing activity, submit a
317 Southern Watersheds Management Plan if such development is subject
318 to the requirements of section 7(e) hereof.
No such
319 land-disturbing activity shall take place until the plan is
320 approved and all required permits and approvals have been granted.
11
321 There shall be included in the plan sufficient information for the
322 development services center and the departments of planning,
323
324 agriculture and public works to evaluate the environmental
325 characteristics of the affected areas, the potential and predicted
326 impacts of the proposed activity on waters and wetlands within the
327 Southern Watersheds and the effectiveness and acceptability of
328 those measures proposed by the applicant for preventing or
329 minimizing adverse impacts. The plan shall contain maps, charts,
330 graphs, tables, photographs, narrative descriptions and
331 explanations and citations to supporting references, as
332 appropriate, to communicate the information required by this
333 section.
334
(b) The plan shall contain the name, address and telephone
335 number of the owner of the property sought to be developed and the
336 developer of such property and a statement signed by the owner
337 indicating his or her consent to the proposed development. In
338 addition, the legal description of the property shall be provided
339 and its location with reference to such landmarks as major water
340 bodies, adjoining roads, railroads or subdivisions shall be clearly
341 identified by a map.
342
(c) The plan shall include a detailed description of the
343 existing environmental and hydrologic conditions of the site and
344 receiving waters, including the following information as
345 appropriate to the circumstances:
346
(1) The direction, flow rate and volume of stormwater runoff
347
under existing conditions;
348
(2) The location of areas on the site where stormwater
349
collects or percolates into the ground;
12
350 (3) A description of all watercourses, water bodies and
351
wetlands on or adjacent to the site or into which
352
stormwater flows. Information regarding their water
353
quality and the current water quality classification, if
354
any, given them by the Virginia Water Control Board shall
355 be included;
356
(4) Groundwater levels, as indicated by the Virginia Beach
357 Soil Survey;
358
(5) Location of floodplains, including floodways and flood
359 fringes;
360
(6) Identification of vegetation existing on the site;
361
(7) The topography of the smte; and
362
(8) Soil types or taxonomic units existing on the site.
363
(d) Proposed alterations of any site containing, or adjacent
364 to, a wetland or shoreline shall be prescribed in detail. Such
365 description shall address:
366
(1) Changes in topography resulting from development;
367
(2) Areas where vegetation will be cleared or killed;
368
(3) Areas to be covered with impervious surfaces, including
369
a description of the surfacing material; and
370
(4) The size, location and proposed use of any buildings or
371
other structures.
372
(e) Predicted impacts of the proposed development on existing
373 conditions shall be described in detail. Such description shall
374 address:
375
(1) Changes in water quality;
376
(2) Changes in groundwater levels;
377
(3) Changes in the incidence and duration of flooding on the
378
site and upstream and downstream from it; and
13
379 (4) Impacts on wetlands and natural hermtaqe resources.
380
(f) A plan for the control of stormwater runoff, identifying
381 all components of the drainage system and any measures for the
382 detention, retention or infiltration of water, shall be described
383 in detail.
384
(g) The location of on-site potable water wells and
385 wastewater facilities shall be identified.
386
(h) A plan for the maintenance of best management practice
387 facilities.
388
(i) Erosion and sedimentation facilities shall be maintained
389 in accordance with the Virginia Erosion and Sediment Control
390 Handbook.
391
(j) Stormwater management facilities shall be inspected twice
392 each year and following every storm which causes the capacity of
393 the facility to be exceeded to ensure that the facility remains
394 operational. Any failures shall be corrected immediately.
395
(k) The plan shall include any other information which the
396 developer or the departments of planning and public works believe
397 is reasonably necessary for an evaluation of impacts of the
398 development upon water quality.
399 Sec. 10. Agricultural lands.
400
(a) Persons engaged in agricultural activities are encouraged
401 to explore and make use of all available resources offered in
402 connection with the conversation of agricultural lands, including
403 personal contacts, on-site field studies concerning the usage of
404 potential agricultural best management practices, focused
405 educational programs, demonstration and education projects,
14
406 cost-share incentives and technical assistance provided by city,
407 state and federal resource agencies.
408
(b) The director of the department of**~~i ....... cs ....
409 rural scrviccs agriculture, in concert with the Virqinia Department
410 of Agriculture and Consumer Services, Virginia Department of
411 Forestry and the United States Department of Agriculture, Soil
412 Conversation Service, shall coordinate the exploration of all
413 available resources as described in section 10(a) of this
414 ordinance. The director shall maintain a record of all efforts
415 relating to the development of individual farm conservation plans,
416 cost-share incentives, focused educational programs and the
417 development and implementation of agricultural best management
418 facility projects, and shall report thereupon every six (6) months
419 to the city council.
420
Adopted by the City Council of the City of Virginia Beach,
421 Virginia, on this 14th day of September, 1999.
422
423 CA-7479
424 wmm~ordres~swmo.com
425 R-1
426 September 2, 1999
15
Item V-H. 2
- 22 -
ORDINANCES
ITEM # 45439
Upon motion by Counctlman Jones, seconded by Councdman Branch, Ctty Council ADOPTED:
Ordmance to ACCEPT and APPROPRIATE $1,042,474 tn State and
Federal funds to the FY 1999-2000 Operating Budget of the Community
Servtces Board (CSB); APPROPRIATE $195,181 from the Mental
Health/Mental Retardation~Substance Abuse (MH/MIVSA) Spectal Fund
Revenue balance re rental for adult care residents and converston ora
part-time aide to a full-ttme programmer tratnee posttton.
Votmg 9-0
Council Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr,
Barbara M Henley, Louts R. Jones, Reba S. McClanan, Mayor Meyera
E Oberndorf, Nancy K Parker and A M "Don" Weeks
Counctl Members Votmg Nay
None
Counctl Members Absent
HaroM Hetschober and Vtce Mayor Wtlham D Sessoms, .Ir
September 14, 1999
AN ORDINANCE ACCEPTING AND
APPROPRIATING $1,042,474 IN STATE
AND FEDERAL FUNDS TO THE FY 1999-00
OPERATING BUDGET OF THE COMMUNITY
SERVICES BOARD, AND APPROPRIATING
$195,181 FROM THE FUND BALANCE OF
THE MH/MR/SA SPECIAL REVENUE FUND TO
THE FY 1999-00 OPERATING BUDGET OF
THE COMMUNITY SERVICES BOARD
10
WHEREAS, the Community Services Board ("CSB") has
11 received $438,445 and $604,029, respectively, in funding from the
12 United States Government and the Commonwealth of Virginia that the
13 CSB recommends be accepted and appropriated by City Council to
14 provide various services as follows:
15
(a) $334,190 of state funds and $359,551 of federal
16 funds to develop a supervised residential setting to address
17 housing and treatment needs of the Severely Mentally Ill (SMI)
18 population, the dually diagnosed population (SMI/Substance Abuse),
19 and the substance dependent population, particularly women and
20 women with children;
21
(b) $92,833 of state mental health general funds to pay
22 for rent for clients at an adult care residence;
23
(c) $116,620 of additional state general funds to
24 convert Administrative Services' contract reimbursement staff to
25 full-time status, to convert a part-time Info Tech services aide to
26 a full-time programmer trainee, and to remediate several Y2K
27 issues;
28
(d) $10,386 of state substance abuse general funds to
29 buy 188 residential bed days for 6 clients at $55 per day;
30
(e) $25,000 from a federal block grant to fund a full
31 time Educator I position;
32 (f) $50,000 of state Medicaid Waiver funds to meet
33 family support needs in the areas of environmental modifications
34 and assistlve technology;
35
(g) $15,000 of federal funds for crmsis care services;
36 and
37
(h) HIV early intervention federal funding of $38,894,
38 to be used to augment existing intervention services;
39
WHEREAS, the CSB is also requesting that $195,181 be
40 appropriated from the fund balance of the MH/MR/SA Special Revenue
41 Fund to provide additional family support and mental retardation
42 clinical support services to CSB clients, as set forth below:
43
(a) $175,289 in FY 1999 state funds designated to meet
44 family support needs in the areas of environmental modifications
45 and assistive technology; and
46
(b) $19,892 in FY 1999 state funds from the MH/MR/SA
47 Special Revenue Fund to furnish two new group homes purchased by
48 BIZNET that will be used for CSB Mental Retardation clients; and
49
WHEREAS, an additional 29.94 full-time equivalents must
50 be created to provide the additional services made possible by the
51 additional revenue.
52
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
53 OF VIRGINIA BEACH, VIRGINIA:
54
1. That funds in the amount of $1,042,474 are hereby
55 accepted and appropriated to the FY 1999-00 Operating Budget of the
56 CSB in the amounts and for the purposes set forth above.
57
2. That funds in the amount of $195,181 are hereby
58 appropriated to the CSB's FY 1999-00 Operating Budget from the Fund
59 Balance of the MH/MR/SA Special Revenue Fund to provide additional
60 support services for CSB clients as set forth above.
61 3. That the number of full-time equivalent positions in
62 the CSB's FY 1999-00 Operating Budget is hereby increased by 29.94.
63
4. That funding for the services and programs described
64 in this ordinance is contingent upon continued federal and state
65 funding, and if this funding is reduced or eliminated, then the
66 programs or services, as well as the positions established to
67 provide the programs or services, may be reduced accordingly.
68
5. That estimated revenue in the CSB's 1999-00 Operating
69 Budget is hereby adjusted to reflect $1,042,474 in additional
70 revenue from the Commonwealth of Virginia and the Federal
71 government.
72
73
Adopted by the Council of the City of Virginia Beach,
74 Virginia, on the 14th day of September, 1999.
75
76
Requires an affirmative vote by a majority of
members of City Council.
77
78
79
8O
CA-7484
ORDIN/NONCODE/MH-MR-SA SPECIAL REVENUE TO CSB.ORD
SEPTEMBER 8, 1999
R3
81
82
APPROVED AS TO CONTENT:
84 Management Ser/~es
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
COMMONWEALTH o[ VIRQINIA
Department Of
Mental Health, Mental Retardation and Substance A b use Set~ices
RICHARD E KELLOGG Post O. ff~ce Box 1797 Telephone (804) 786-3921
Vo~ce/TDO (804) 371-8977
COMMISSIONER Richmond, I/'trginia 23218-1797 www dmhmrsas.state.va.us
June 7, 1999
Terry S. Jenkins, Ph.D.
Virginia Beach Community Services Board
Pembroke Six, Suite 208
Virginia Beach, VA 23462
Dear Dr. Jenkins:
I am pleased to inform you that Virginia Beach Community Services Board's FY 2000
Appropriation Proposal for Mental Health Community Based Residential and Support Services
has been approved. Please submit a copy of Form 71 of the Performance Contract displaying the
approved residential core services to the Community Contracting Office as soon as possible.
If you have any further questions, or need to amend your proposal in the future, please
contact Michael Shank, Director, Community Support Services, Office of Mental Health, at
(804)371-2480. I appreciate your continued support in our mutual efforts to provide high
quality residential and support services to Virginians with serious mental illness at the most
reasonable cost.
Sincerely,
Richard E.~'~el~
REK/pjr
pc:
Cathleen J. Newbanks
James M. Martinez
Michael Shank
Robert H. Shackelford, Jr.
Paul R. Gilding
Cynthia M. Hatch
Robert S. Schmid
Joel B. Rothenberg
RICHARD E KELLOGG
COMMISSIONER
COMMONWEALTH of VIRGINIA
Department Of
~Iental Health, Mental Retardation and Substance A b use Services
Post OfjEce Box 1797 Telephone (804) 786-3921
Vo~ce/TDD (804) 371-8977
Richmond, W'wginia 23218-179 7
www dmhmrsas.state.va.us
July 21, 1999
Terry S. Jenkins, Ph.D., Executive Director
Virginia Beach CSB
Pembroke Six, Suite 208
Virginia Beach, Virginia 23462-2891
Dear Dr. Jenkins:
JUL 2 6
I
'COM:4UN!TY OFF',''n'''' R" '-
The Department has reviewed and approved your proposal for the SFY 2000 Community-
Based Substance Abuse Treatment Services Initiatives. Funding to support those initiatives will
be included in the next funding warrant. A separate letter will notify CSBs of approval for
funding of DRS, perinatal and HIV initiatives, if applicable. Questions about the service
initiatives or requests for technical assistance should be directed to the staff member in the Office
of Substance Abuse Services that was listed on the initiative in the guidance package.
If you have not already done so please submit Form 97 in your SFY 2000 performance
contract to reflect the addition of these services. Contact your Community Contracting
Administrator if you have questions in this regard.
Thank you for the time and effort in preparing your plans to implement the new
initiatives. I ~ sure they will make a significant difference in the lives of the consumers we
serve who have alcohol and drug dependence problems.
Sincerely,
Richard E. Kellogg
/Itb
pc.'
Cathleen Newbanks
James M. Martinez
Lewis E. Gallant, Ph.D.
Paul R. Gilding
Bob Schmid
Paul Cole
Formal Session
Chain'nan Sawyer called the meeting to order at 1:12 p.m.
The minutes of April 22, 199 and May 4, 1999 were approved as submitted.
MR ONE-TIME STATE FAMILY SUPPORT FUNDING
The provision of family support funding has been utilized with increasing frequency
throughout the United States to assist families in maintaining their family member with
mental retardation at home. The criteria for what entails family support are typically
quite flexible and encompass "whatever it takes" to maintain a family member within the
home environment. In Virginia Beach, there is presently $60,000 in state funds
budgeted specifically for family support. Most of these funds are utilized to support the
expanding Respite Reimbursement Program that now has more than 140 families
enrolled with subsidies averaging $140 each per quarter. The remainder of the funds
have been utilized for one-time grant requests for such things as dental care and other
basic needs such as paying a utility and telephone bill.
The availability of one-time state general funds this fiscal year provides a unique
opportunity to provide additional support to families faced with challenges of
maintaining a child or adult with mental retardation at home. The focus of the
recommended family support initiative is on environmental and assistive technology
needs, with requests being received from eighty nine families totaling $227,000. The
most common requests have been for computers and software with other requests
being for van lifts, Hoyer lifts and simple room modifications.
Following discussion and on motion made by Mr. Jellig and seconded by Ms. Bartel.
the Board approved the Mental Retardation Committee recommendation for approval of
$227,000 in FY-99 lapsed state general funds to be used both in FY-99 and FY-2000
to be used on this state priority. Funding limits and items would be consistent with
what is allowed under Medicaid reimbursement to assist families who are taking care of
their disabled family member at home.
Facilities Plannil3g Committee ~tructure - Dr. Jenkins provided an overview of the
proposed committee structure as follows:
AGREEMENT
THIS AGREEMENT, dated the ~ day of July, 1999, is by and between the Virginia
Beach Community Services Board ("CSB") and Biz.Net, Incorporated ("BizNet").
WITNESSETH:
WHEREAS, BizNet is a private non-profit corporation organized for charitable purposes;
WHEREAS, BizNet purchases homes and makes them available to mentally retarded persons
in Virginia Beach who need housing;
WHEREAS, BizNet presently intends to construct new housing for CSB clients (the
"housing project");
WHEREAS, the CSB desires to assist this project by providing funds in the mount of
Nineteen thousand, eight hundred ninety two dollars ($19,892) ("the funds") to BizNet;
WHEREAS, the CSB desires that the funds be used to benefit the inhabitants to these new
homes, to whom the CSB provides services and specifically, that they be used to purchase appliances
for these homes, along with furniture for common areas.
NOW, THEREFORE, it is hereby agreed between parties as follows:
1. The Community Services Board shall provide funds in the amount of Nineteen-
thousand, eight hundred ninety two dollars ($19,892) to BizNet.
2. BizNet will use the funds exclusively for the purchase of appliances and common area
furniture needed for the housing project in Virginia Beach.
3'. B[zNet agrees to provide reports, at least quarterly during the next 24 months, to the
CSB MR Division Head, of the housing project's progress.
4. BizNet agrees to accept appropriate CSB referrals as tenants for the housing furnished
with these funds.
5. BizNet will, within 24 months, expend the amount of the funds provided. If the
housing project is delayed or canceled, BizNet agrees to immediately inform the CSB MR ~
Head. Upon request, and at any time, BizNet shall provide to the CSB invoices and details of the
expenditures made with the funds. BizNet shall not receive any fee or compensation from the funds
provided.
6. BizNet agrees that in the event that it fails to expend the funds supplied herein as
provided for this agreement, it may be liable to the CSB in the amount of the funds provided.
7. BizNet expressly releases the CSB from any liability associated with the purchase,
construction or operation of the facilities to be furnished with the funds provided by the CSB.
WITNESS the following signatures and seals:
B I ZNE T~OS/~RA TED
By: (( ~-~/'~ ~ ~ . (SEAL)
VIRGINIA BEACH COMMUNITY' SERVICES BOARD
(SEAL)
MENTAL HEALTH SERVICES :SUMMARY: ONGOING SERVICES
CHECK ONE: X Letter of Notification
__ Letter of Not, ca,JOri Revision (Date'
CSB VIRGINIA BEACH COMMUNITY SERVICES BOARD
--
PAGE A2
FY2OOO
REVENUES FOR SERVICES DEr'AIL:
2,128.219 MH General Funds
Regional Oeaf Services
NGRI - I:)tsct~arge A~s~stance
Wa,brg List
MHISA Jail Services
One Time ~eral Funds
65,181 Residential Se~ices
Loc..ll Gov't
Ccntnbutions
In-Kind
Other Local
D~rect Client
Blue Cross
Other Insurance
Mecllcare
(2) Medicaid SPO
Medfcald Clinic
Medic-aid OI~RA
Medicaid Other
SSBG
CHAMPUS
Courts
ORS Client
-Schools
Other Fees
Transfer (ToJFrom
2,.436.532
COST OF SERVICES:
1. Personnel Expense
2. Oper, at;~g.E,~am~
3. P~ogram'~uppo rt"Exp~nse-
4 TOTAL Expense.~
2.242
138,510
PATH
PATH HOusing '
SWVMP Board
FEtG / SED C and A I
FBG I SMI
Other' Federal I
Restricted Federal
Federal Reta,ned Earnings I
One T~me Federal F~,ncls
Acce~ l:)emo Project
VA Com~. Comm. Care
Shelter Plus
St. ~etaLq. Earmngs
Other
I
;TOTAL REVENUES FOR SERVICES:
STATE
2.193.400
LOCAL
tEE
COLLI=CTIONS FEDERAL OTHER TOTAL
1.831.689 Ongmal MH Gl=
250,438 HPR V Pharmacy Pilot
46,112 MH Si~:) Match Adj per CS8
2.128,219 Cen'ected MH Gl=
(2l
2.531.903 Onl;InaI Mechca,d SPO
(95.371) Medlca,d SPO AdJ per CSO memo 516,'99
2.436,532 ConlCted Medicaid SPO
CORRECTED ~/11/90
419/99
MENTAL RETARDATION SERVICES SUMMARY: ONGOING SERVICES
CHECK ONE: X Letter of Notification
Letter of Notification Revision (Date
CSB VIRGINIA BEACH COMMUNITY SERVICES BOARD
: ,,.,GE A21
FY2000
REVENUES FOR SERVICES DETAIL:
(1)
523,107 MR General Funds
191,374 Waiting List
40.000 Residential Services
17.743 New Family Support
One Time General Funds
3.125 Early Intervenbon
Local Gov't
Contnbubons
In-K~nd
Other Local
Direct Client
Blue Cross
Other Ins.
Medicare
Medicaid SPO
Medicaid Chmc
Medicaid ICF
Medicaid OBRA
Medicaid Other
SSBG
CHAMPUS
DRS Chent
Schools
Other Fees
Transfer (To)From
627,230
COST OF SERVICES:
I Personnel Expense
2. Operating Expense
4 TOTAL Expenses
Child Day Care
499,391 Federal Early Intervention
Other Federal
Restncted Federal
One Time Federal Funds
St Retain Earnmg.,~
Workshop Sales
Other
TOTAL REVENUES FOR SERVICES:
STATE LOCAL
775,349
FEE
COLLECTIONS FEDERAL OTHER TOTAL
(~)
62,500 MR GF (includes adj per CSB)
82,412 Non-Waiver
335,385 Annualized Caboose Amendment
19,177 Malnt Family Support
23,633 Individual Support
523,107 MR GF
Note:
2,011,934 MR Waiver Match Withheld From GF
(186,458) Adjustment per CSB 4/14/99
1,825,476 Original MR Waiver Match Withheld From GF per
CSB 4/14/99
4/9/99
SUBSTANCE ABUSE SERVICES SUMMARY: ONGOING SERVICES
CHECK ONE: X Letter of Notification
Letter of Notification Revision (Date.
CSB VIRGINIA BEACH COMMUNITY SERVICES BOARD
FY2000
REVENUES FOR SERVICES DETAIL:
1,078,842 SA General Funds
75,544 Greenstreet
20,000 Residential Services
MH/SA Jail Services
One T~me General Funds
50,011 RSAT
COST OF SER',nCE~'
1 Personnel Expense
2. Operating Expense
3 Program Support Expense
4 TI~I'AL
Local Gov't
Contributions
In-Kind
Other Local
D~rect Chent
Blue Cross
Other Ins.
Medicare
Medicaid SPO
Medicaid Clinic
Medicaid Other
SSBG
SARPOS
CHAMPUS
ASAP
Courts
DRS Client
Schools
Other Fees
Transfer (To)From
(1)
(2}
(3}
330,062 SA Alcohol FBG
387,362 SA Drug FBG
312,300 SA Pnmary Prevenbon FBG
65,231 SA SARPOS FBG
140,136 SA HIV/AIDS FBG
Other Federal
Restricted Federal
Federal Retained Earnings
One Time Federal Funds
HIV Counselors
116,350 Federal RSAT
RBHA Res AJD
St. Retain Earmng..~
Other
TOTAL REVENUES FOR SERVICES:
STATE LOCAL
1,224,397
FEE
COLLECTIONS
FEDERAL OTHER TOTAL
(1]
(2)
(3}
257,697
32,365
40,000
330,062
314,997
32,365
40,000
387,362
267,300
20,000
25,000
312,300
SA Alcohol FBG
SA Alcohol Adolescents
FBG L~nk Treatment
SA Alcohol FBG
SA Drug FBG
SA Drug Adolescents
FBG L~nk Treatment
SA Drug FBG
SA Pnmary Prevention FBG
FBG Link Prevention
Addlbonal Prevention FBG
SA Primary Prevention FBG
4/9199
CHECK, ONE: X
Letter of Notlhcatlon
Letter of Notificabon Revision
DATE:
CS~
¥1~GINIA BEACH COMMUNITY SF.R:VICE$ BOARD
FY 2000
2000 LePer of Notification Enclosure for Purchase of Individualized Services
Sources of Funds for Allocation
I 1 Individualized Services for Persons with Mental Illnesses Who Are
[ Not E[igfble for Medfcaid
,2. Indlv:dual~zed Services for Persons Se,-vecl ~MR Waiver '
Allocations
State I Waiver
$4,350,?26
SFY 2000 Letter of Notification Enclosure for Special Projects
i Allocations
Sources of Funds for Allocation i State I Federal
Mental Health
~ MH ResidentIal Care for Individuals with SMI . $173,548
[2. Res~entlal and Support Services for Persons with Mental Illness
13 Adult Care Residences Pilot Project
i4 Pfc rams of Assertive C~Treatment
5. Children s Mental H--'~'~'I~ Services
$324,67'4
, $25.000
Total Mental Health Allocations
$523.222
Sustance Abuse
1 Communzty-B,~sed Treatment Servrces
$78,849 t $359,551 ~
12. S~ate Hospital Admission Diversion
i3. Residential'"SA Treatment
133,987
I
Total Substance Abuse Allocations
' $2!2,836,
$359,55
2. Odginal ISP r~rough the MR Waiver
Adjustment Der C$8 memo 5/6/99
Corrected ISP through the MR Waiver
$4,421,3,~0
($_70,614)
$4,350,726 ·
'CORRECTED 5/11/99
RICHARD F_ KELLOGG
COMMI,C;SICNER
COMMONWEALTH
Department Of
Mental Health, Mental Retardation and Substance Abuse Services
Post OJ~tce /Box 1797 Telephone (804) 786-3921
Richmon~ I/'trginia 23218-1797 Voice/TOO (804) 371-8977
www.dmhmrsas,state.va us
TO:
FROM:
Lenard Lackey, Jr. ExeCutive Director, Danville-Pittsylvania CSB
C. Joseph Sharrer, Executive Director, Harrisonburg-Rockingham CSB
James W. Stewart, III, Executive Director, Henrico Area MH&R Services Board
H. Lynn Chenault, Executive Director,. New River Valley Community Services
James Peterson, Executive Direc'.or, Region Ten CSB
Terry Jenkins, Ph.D., Executiee Director, Virginia Beach CSB
Vincent Doheny, Executive Director, Western Tidewater CSB
Dwight McCall, Substance Abuse Services Evaluation Managerx~')~
DATE: June 18, 1999
RE: TOPPS Project
Thank you very much for volunteering to participate in the Treatment Outcome and
Performance Pilot Studies (TOPPS) project. I am pleased to inform you that your CSB has
been selected by the Substance Abuse Treatment Outcome Evaluation work group to be one of
the seven TOPPS sites.
At present, we arc awaiting final approval from the Office of Management and Buc~get for our
project protocol, but anticipate having this in time to begin data collection in September. Given
this time line, we hope to begin training (or updating as necessary) your clinicians in use of thc
ASI in late July. I have already begun working with your SA director and with our project
contractor, DeltaMctrics, to plan these training events.
The Office of Community Contracting will be working with us to develop contracts with the
CSBs for this project. These contracts will be developed as part of the Performance Contract
under Attacluncnt 5.5.5.3.
If you have questions or comments about the TOPPS project, please feel free to contact me
directly. Again, thank you for agreeing to volunteer for this most interesting project.
Phone' 804-371-7760
Fax' 804-786-9248
E-mail: dmccall~dmhlTu'$a~.$tate, rs.us
RICHARD E KELLOGG
COMMISSIONER
COMMONWEALTH of VIRGINIA
Department Of
Mental Health, Mental Retardation and Substance/i b use Services
Post Of J/ice :Box 1797 Telephone (804) 786-3921
Vo~ce/TDD (804) 371-8977
Richmond, V~rginia23218-1797 www dmhmrsas.state.va ua
July 2, 1999
Terry S. Jenkins, Ph.D., Executive Director
Virginia Beach Community Services Board
Pembroke Six, Suite 208
Virginia Beach, VA 23462-2891
Dear Dr. Jenkins:
I am pleased to inform you that we have reviewed and approved your proposal for the
$25,000 prevention initiative._These funds will be incorporated into the Performance Contract as
ongoing SAPT prevention funds. This allocation may not be used to supplant current local, state
or federal dollars. As these are ongoing prevention funds, we will not ask for quarterly reports
on the activities but will expect to monitor the proposed activities through reviewing the annual
prevention plan.
·
Your regional consultant, Hope Merrick, is available at (804) 786-1411 to provide
technical assistance related to this proposal and the other prevention activities listed on the
prevention plan.
We wish you success in meeting the objectives in your prevention plan.
Sincerely,
Richard (~'
E. Kefgg
pc:
Cathleen J. Newbanks
James M. Martinez
Paul R. Gilding
Cecelia Kirkman
Robert S. Schmid
Pat Bamer
Hope Merrick
AGREEMENT MODIFICATION ONE
AGREEMENT NUMBER: 527968/PO P201153 DATE: June 18, 1999
PARTIES TO THE AGREEMENT: This is an agreement between:
Virginia Commonwealth University., hereinafter called VCU
with a business address at P.O. Box 980568, Richmond, VA 23298-0568
and
Virginia Beach CSB, hereinafter called Subawardee
with a business address at Prmbroke 6 Suite 208 Virginia Beach, VA 23462
PROJECT DIRECTORS: VCU: Dr. T.T. Yoder
SUBAWARDEE: ~_.~.~c?, Rorg Terry $. Jenkins
PERIOD OF PERFOI~IANCE: September 30, 1998 - September 29, 1999
COST: Not to exceed $15,000. "
CttANGES: Increase total costs by $10,000 to $15,000 to include additional scope of work
(Attachment A and B). All other terms and conditions remain the same.
EXECUTION:
In witness of their acceptance of the terms of this agreement, the parties
have caused it to be executed by their duly authorized representatives.
VIRGINIA COMMONWE~TH
UNIVERSITY:
Herbert B. Chermside, Director
Sponsored Programs Administration
Date (Tax I.D. 54600-1758)
VIRGINIA BEACH CSB:
(Typed N~mae)
Dal:~ (T~x' I.D.)
RICHARD E KELLOGG
COMMISSIONER
COMMONWEALTH of VIRGINIA
Department Of
Mental Health, l~lental Retardation and Substance A b use Services
Post Office Box 179 7
Richmond, Virginia 23218-179 7
June 23, 1999
Telephone (804) 786-3921
Volce/TDD (804) 371-8977
www dmhmrsas.state va.us
Terry S. Jenkins, Ph D., Executive Director
Virginia Beach CSB
Pembroke Six - Suite 208
Virginia Beach, Virginia 23462-2891
Dr. Jenkins:
The Office of Substance Abuse Services (OSAS) has reviewed and approved your SAPT Block
Grant HIV/AIDS Early Intervention Plan. The total funding amount you will receive for SFY 2000 is
$179,030. The plan your CSB submitted to OSAS was approved based on the criteria in the proposal's
guidelines. Please refer to those guidelines as you plan and deliver services to populations at risk of
HIV/AIDS. Remember to reflect these funds in your SFY 2000 perf6rmance contract and associated
reports.
As outlined in the letter you received from OSAS, a midyear and end-of-year report on the
progress of your programming is required. The midyear report must be submitted by February 15, 2000
and the end-of-year report will be due July 30, 2000. Additional detail regarding the midyear report will
be forwarded to your program at a later date. You may contact Kara Page-Parker of OSAS at (804) 371-
2193 with questions or concerns regarding reporting requirements.
Additionally, Mrs. Page-Parker will be visiting some of the programs over the upcoming year to
gain a better understanding of programs and services that provide HIV/AIDS early intervention services
The Department commends you on your service to a population in need of HIV/AIDS early intervention
services. We wish you con..'inued success :s you addre~.s the comp!ex issues of substance abuse,
HIV/AIDS and other public health concerns.
If you have questions, concerns, or comments regarding HIV/AIDS early intervention services
please do not hesitate to contact Mrs. Page-Parker.
S~ncerely,
Richard E. Kellogg
/ltb
JUL
pc:
Lewis E. Gallant, Ph.D.
Paul R. Gilding
Kathy Hall
it. obert S Schmid .
Kara Page-Parker
I I
COMMUNITY SERVICES BOARD
Item V-H. 3
- 23 -
ORDINANCES
ITEM # 45440
Upon motion by Counctlman Jones, seconded by Councdman Branch, Ctty Councd ADOPTED:
Ordinance to APPROPRIATE $1-Mdhon additional School Reverston
funding to thetr Capttal Budget, tn comphance wtth the Ctty's Resource
Management Pohcy, replacing $1-Mdhon of FY 1999-2000 Operatmg
Budget funding to be used tn the FY 1999-2000 School Operattng Budget
re increased Health Insurance contribution for School employees.
I/'otmg 9-0
Councd Members Voang Aye
Lmwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera
E Oberndo~ Nancy K Parker and A M "Don" Weeks
Councd Members Votmg Nay
None
Councd Members Absent
HaroM Hetschober and Vtce Mayor Wdham D Sessoms, Jr
September 14, 1999
AN ORDINANCE TO APPROPRIATE $1
MILLION IN ADDITIONAL FUNDING TO THE
SCHOOL DIVISION'S OPERATING BUDGET
FOR THE PURPOSE OF PROVIDING
INCREASED HEALTH INSURANCE
CONTRIBUTIONS TO SCHOOL EMPLOYEES
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
WHEREAS, with the adoption of the FY 1999-2000 Operating
Budget, the City Council provided a $5 monthly increase per city
employee in the City's health insurance contribution effective
July, 1999, and a second increase, dependent upon the outcomes of
negotiations with the insurance providers, of up to $10 per month
in January, 2000;
WHEREAS, in the effort to maintain parity between City
and School employees pertaining to health insurance contributions,
the School Board has adopted a resolution requesting City Council
to appropriate $1 million in FY 1999-2000 Operating Budget funding
to provide for a $5 monthly increase in the School Dzvision's
health insurance contribution per school employee, which will be
effective as of September, 1999, along with a second increase of up
to $10 per month in January, 2000;
WHEREAS, the School's FY 1999-2000 Capital Budget uses
$1,000,000 of Revenue Sharing Policy resources that can be used to
fund the increased health insurance contributions, and school funds
that reverted from the FY 1998-1999 budget can replace the Capital
Budget funds; and
WHEREAS, the School Administration has also indicated its
intent to consider these funds as being included within the
School's portion of the City/School Revenue Sharing Policy.
29
3O
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
31
32
33
1. That $1,000,000 from the FY 1999-2000 Capital Budget
is hereby appropriated to the FY 1999-2000 School Divmsmon's
Operating Budget to provide the funding necessary to match the
34 City's current health insurance contributions, with these funds be
35
36
37
38
39
appropriated as follows:
Instruction
Administration, Attendance, and Health
Pupil Transportation
Operations and Maintenance
$765,128
$ 41,230
$ 89,770
$103,872
40
41
42
43
44
45
46
2. That estimated revenues in the amount of $1,000,00
from the school reversion portion of the General Fund Balance are
hereby appropriated to the FY 1999-2000 Capital Budget to replace
the $1,000,000 appropriated from the FY 1999-2000 Capital Budget to
the School Division's Operating Budget. This two-step is necessary
to maintain the City's Resource Management Policy against the use
of fund balance for on-going expenses.
47
48
49
5O
51
52
53
54
55
56
57
58
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 14th day of September, 1999.
Requires an affirmative vote by the majority of the
members of City Council.
CA-7485
ORDIN/NONCODE/HEALTH INSURANCE ORDINANCE.
SEPTEMBER 8, 1999
R3
APPROVED AS TO CONTENT:
~anage~ent S~-%rfc e s
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorn~-s Offi~e
59
60
61
F \Data~ATY~Ordln~NONCODE\health contrIbution wpd
RESOLUTION REQUESTING CITY COUNCIL REAPPROPRIATE SCHOOL BOARD FUNDS TO
MAINTAIN HEALTH CARE PREMIUM SUBSIDY BETWEEN CITY AND SCHOOL EMPLOYI~E$
health insurance
and
WHEREAS,
$2,280 per City
WHEREAS,
employees, and
the Viriima Bea¢ll City Public Schools has tradxtionally maintained parity wtth the City in the area of employer
premium sub~idte~ such that C~ty employees and School employees receive an equal subsidy from their employer:
the City has approved an increase in the FY 2000 subsidy to $2,160 per City emptoyee effective July 1, 1999 and
employee effeclave January 1,2000; and
die school Operating Budget was not constructed with such increases In thc premium subsidies for School
WHEREAS, the School Board made a commitment to revert $9 3 million from the amount appropriated it for the FY 99 School
Operating Budget to the Ctty, and
WI'tEXAS, thug 59.3 miihon has been committed to the replacement of the Student Database system m the amount of $1.9
rmlhon, the Human Resources/Payroll system itt the amount of $3.9 mflhon and the Instructional Technology Special Revenue Fund
in the amount of $:].5 million; anti
WHEREAS) the $¢ho01 Board now anttcipates that the FY 99 reversion to the City of School funds will exceed $9.3 million;
and
equal that of the
WI'IBREA$,
2000 in order to
cost for the school system to provide parity in she health insurance prermum subsidy to School Board employees to
City employees is cremated to be $1,107,585; ~d
the school health insurance prexraum subsidy increases would be made effective September 1, 1999 and January 1,
match the mty increase.~ for City employees made July 1, 1999 and planned for January 1, 2000, and
WI'[EREAS, the effeettve date for the school gubsldy increa~ of September 1, 1999 would be prior to the date on which ~y
reversion fun~ are anticipated m be reappropriated to the school d~vision; and
VVI,'I~IiL~A~, City Resource Management Policies state ttmt the budget writ be balanee~t on a current revenue to current
expenditure basis, and
*i~v'H'ER~AS, the City Fund Balance Policies prolalbit the l~$e of fund balance to finance ongoing expenditures; and
WH~R~AS~ the Board is aware that th~s increase m the $11bsi0y ~$ an ongoing operatxonal expenditure and will make provisions
for the effect of the increase ill lhe FY 00/01 Operating Budget, and
~vVH~RE~ under the appheation of the Revenue Sharing Formula for FY 99/00, $1 million of current revenues is allo~ated to
Pay-As-You-Go CIP and may l-mance current operations.
NOW, THEREFORE, BE IT RESOLVED:
1. That the School Boar61 requests that C~ty Council reappropriate $1 million of Pay-As-You-Oo CIP from the FY 99/00 Revenue
Sharing Formula funds to the Operating Budget for the purposes of fuml~n8 aa increase in the health insurance premium
subsidy to $2.160 effective September 1, 1999 and $2,280 effective January 1, 2000 in order that School employees receive the
same health insurance premium subsidy as City employees, and use reversion funds of up to $1,000,000 received by the City
from the FY 98/99 school Operating Budget in e;ect;s of 5;9 3 mtlhon as FY 99/00 1;'ay-As-You-Oo CIP
2. The Board requests Council to reappropnate the ftmds as follows: $765.12g to Instruction, 541,230 to Administration,
$89,770 to Tramportatton, and $103,872 to Operations.
3, Iha; provMed City Council reappropnates funds as thc School Board requested, the School Board approved an increase m the
health insurance premium subsidy to $2,160 effective September 1, 1999 and $2,280 effecuve January 1,2000, so as to equal
that of C~ty employees.
4. That provided the City Council reappropriates the funds as requested herein, the School Board aushorges and dlreet-~ the
superintendent to retroacuvcly institute the health insurance subsidy increase for School Board employees as set forth above.
Adopted by the School Board of the Cny of VIrg~nia Beach this 7's day of September 1999.
SEAL
Attest
Dlaane M Page, Clerk oi;th~i[loard
Darnel D. Edwards, Chairman
- 24 -
Item V-H. 4
ORDINANCES
ITEM # 45441
Upon motton by Councdman Jones, seconded by Councdman Branch, Ctty Councd ADOPTED:
Ordmance to ACCEPT and APPROPRIA TE $190. 095from the Vtrgtnta
Wtreless E-911 Service Board to the FY 1999-2000 Operattng Budget of
the Department of Communications and Information Technology re
expenses for provtdtng wireless 911 service, and. increase es.mated
revenue accordingly
Voting 9-0
Councd Members Vonng Aye
Lmwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera
E OberndorJT, Nancy K Parker and A M "Don" Weeks
Councd Members Vottng Nay
None
Councd Members Absent
HaroM Hetschober and Vtce Mayor WtHtam D Sessoms, Jr
September 14, 1999
l0
12
13
14
17
18
20
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$190,095 FROM THE VIRGINIA WIRELESS E-911 SERVICE
BOARD TO THE FY 1999-00 OPERATING BUDGET OF THE
DEPARTMENT OF COMMUNICATIONS AND
INFORMATION TECHNOLOGY TO PAY FOR EXPENSES
RELATED TO PROVIDING WIRELESS 911 SERVICE
WHEREAS, the 1999 Virginia General Assembly passed a budget amendmem
,
requiring certain localities, including the City of Virginia Beach, to provide wireless 911 service
by January 1, 2000; and
WHEREAS, the Virginia Wireless E-911 Service Board has awarded the City
$190,095 from the Wireless E-911 Fund to pay for all initial and ongoing expenses associated
with providing wireless 911 service during FY 1999-00.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA'
1. That $190,095 from the Virginia Wireless E-911 Service Board is hereby
accepted and appropriated to the FY 1999-00 operating budget of the Department of
Communications and Information Technology to pay for costs associated with providing wireless
911 service.
2 That revenue from the Commonwealth is hereby increased by $190,095
21
22
14
Adopted by the Council of the City of Virginia Beach, Virginia, on the
of September , 1999.
CA-7482
DATA/ATY/ORDIN/NONCODE/WIRELESS 911 SERVICE ORD
SEPTEMBER 8, 1999
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY
ManagemeXntServices- 6/' -v 'C:,ityAttorn~y's~lce
1999 General Assembly
Conference Budget Amendment
Item 461 2c
Language:Page 352, after line 5, insert:"D.1. It is the intent of the General Assembly
that wireless 911 calls be delivered directly by the Commercial Mobile Radio Service
(CMR$) provider to the local Public Safety Answering Point (PSAP), in order that such
calls be answered by the local jurisdiction within which the call originates, thereby
minimizing the need for call transfers whenever possible.a. On or before January 1,
2000, it is intended that the Cities of Chesapeake, Hampton, Newport News, Norfolk,
Suffolk, and Virginia Beach shall begin answering wireless 911 calls originating in their
jurisdictions.b. On or before July 1,2000, it is intended that Chesterfield and Henfico
County and the City of Richmond shall begin answering wireless 911 calls originating in
their jurisdictions.2. Notwithstanding the provisions of Article 6 (§§ 56-484.8 et seq.),
Chapter 15, Title 56, Code of Virginia, the Wireless E-911 Service Board shall make
transitional or start-up payments to the PSAPs serving the localities identified in
paragraphs C. 1 .a. and C. 1 .b. above for costs associated with the assumption of
wireless 911 telephone call answering responsibilities from the Department of State
Police. In furtherance of this objective, the localities referenced in paragraphs C. 1 .a.
and C.l.b. above shall submit by July 1, 1999, their estimates of the wireless 911 PSAP
transitional or start-up costs they expect to incur during fiscal year 2000. These
estimates shall include the initial capital, installation, and maintenance costs of the 911
wireless emergency telephone systems and recurring maintenance, repair, and system
upgrade costs, and salaries or portion of salaries of dispatchers or call-takers, for the
purpose of assisting localities in complying with the provisions of this paragraph.3.
Notwithstanding the provisions of Article 6 (§§ 56-484.8 et seq.), Chapter 15, Title 56,
Code of Virginia, the Department of State Police is authorized to receive monies
collected in the Wireless E-911 Fund, not to exceed $750,000 in each fiscal year, to
offset dispatch center operating costs incurred for answering wireless 911 telephone
calls originating in localities for which the Department of State Police continues to serve
as the PSAP for wireless 911 telephone calls. Such payments shall be made pursuant
to procedures established by the Wireless E-911 Service Board.4. The Wireless E-911
Service Board shall provide a progress report to the Governor and the Chairmen of the
Senate Finance and House Appropriations Committees by October 1, 1999, on the
progress in implementing the provisions of the Wireless Enhanced Public Safety
Telephone Service Act of 1998. The Secretary of Technology and the Department of
Information Technology shall provide such support as may be necessary to enable the
Board to complete its report."
Explanation:(This amendment establishes a schedule for localities to respond to
wireless 911 calls and to be reimbursed for start-up expenses. In addition, this
amendment provides for reimbursement of costs incurred by the Department of State
Police in those areas where the Department continues to serve as the answering point
for wireless 911 calls.)
COMMONWEALTH of VIRQINIA
/VlLLIAM E. LANO$1DLE. CPA Office of the Comptroller
3OMPTROLLER
.August 4~ 1999
2509 Princess Anne Road
Building gl 1
Virginia Beach, Virginia 23456-9064
P. O. BOX 1971
RICHMOND. VIRGINIA 23218-1971
Dear Captain Irving:
At the July 27 meeting the Wireless E-911 Service Board approved your request for
funding for the curr~t fiscal year which will end on June 30, 2000. Your request was
approved in the amount of $190,095.00. Payment will be made in equal quarterly
installments upOla my receiot of a si_uned cow of the certification included in the body of
,this letter. The Board anticipates having sufficient funds to meet all of its payment
obligations for this fiscal year. However, the Board's enabling statute states that should
funds be insufficient to meet all payment requirements, the Board will prorate quarterly
payments equally among approved recipients. Unpaid amounts may be carried forward
until payments are complete pursuant to the approved funding plan.
The Board has approved payment for the current fiscal year based on certain estimates
made by your jurisdiction. The Board is obligated to conduct a review of the use of these
funds annually. In order to conduct this review the Board will require from you, at a
minimum, the following information which is to be filed no later than September 1, 2000.
A certification that all funds were used consistent with the information provided to
the Board for the cost estimating proposal for the cmrent fiscal year.
Complete information on telephone call volumes received by the PSAP distributed by
total calls, 911 calls, and wireless 911 calls. This information should be for the
same fiscal year as funding is received. For jurisdictions which initiated the
acceptance of911 calls during the year, the date that service was initiated should be
shown. The Board reserves the right to request copies of repons and other documents
supporting the call volume data.
An itemized listing for all customer premise equipment, software, and other capital
a~sets as may have been purchased to provide wireless E-911 service. Copies of
receipts for each single purchase of $1,000 or more must be made available to the
Board.
Captain T. V. L, viu&
August 4, 1999
Page Two
· An itemized listing of ail local exchange telephone service costs required to provide
wireless E-911 service.
An itemized listing of all salary expenses, including overtime and paid compensatory
time, paid to call takers and dispatchers. Salary expenses should include the cost of
benefits customarily provided to employees of your jurisdiction.
Should you have any questions about this award please contact me at (804) 225 2109.
Sincerely,/
William E. Landsidle
Chairman, Wireless E-911 Service Board
WEL/ewa
copy: Mr. lames K. Spore, City Manager
The City of Virginia Beach Virginia acknowledges that the information specified above
will be provided to the Wireless E-911 Service Board on or before September 1, 2000.
- 25 -
Item V-H. 5
ORDINANCES
ITEM # 45442
Upon mo.on by Counctlman Jones, seconded by Councilman Branch, Ctty Council APPROVED
License Refunds:
$2,341.10
Votmg 9-0
Councd Members Vottng Aye.
Lmwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera
E Oberndo~ Nancy K Parker and A M "Don" Weeks
Council Members Voting Nay
None
Council Members Absent
HaroM Hetschober and Vice Mayor Wtlham D Sessoms, Jr
September 14, 1999
FORMNO CA 8R~V
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
That the following applications for hcense refunds, upon cert~flcabon
of the Commissioner of the Revenue are hereby approved
NAME ~, LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
ADVANCED DATA SYSTEMS INC 1999
BEACH QUARTERS INN LC 08/25/99
BOS MOVING INC 1999
BOWERS SEAN CAMILE 08/25/99
BRUBAKER CHARLES WAYNE 1999
BURNS FRANK G JR MD PC 08~20/99
BURWELL JESSE P 08/18/99
COMMONWEALTH SAFE LOCK & SECURITY IN( 1999
DAUGHTRY JOSEPH M 08/23/99
HARRIS GILBERT L JR 1999
INTEGRATED COMPUTER MANAGEMENT INC 1998
JOHNSON KAREN D 1999
MARCOA PUBLISHING INC 1999
MCKNIGHT D L 1999
OPTHALMIC CONSUL OF TIDEWATER INC 08/18/99
RESEARCH TECHNOLOGY CORP 1999
WALLACE ANTONIO C 08/20/99
08/12/99 35 79 0 oo 35 79
AUDIT 128 04 3 20 131 24
08/12/99 23 77 0 00 23 77
AUDIT 10 00 0 00 10 00
08/23/99 2 00 0 00 2 00
AUDIT 94 06 0 00 94 06
AUDIT 10 00 0 00 10 00
06/25199 898 50 0 00 898 50
AUDIT 322 38 13 43 335 81
08/23~99 10 40 0 00 10 40
05/01/98 9 63 I 54 11 17
08/17/99 2 92 0 00 2 92
08/24/99 10 00 0 00 10 00
08/17/99 21 26 0 O0 21 26
AUDIT 443 09 0 00 443 09
08/16/99 7 98 0 00 7 98
AUDIT 281 39 11 72 293 11
This ordinance shall be effective from date of
adoption.
The above abatement(s)totaling
City of Virginia Beach on the
$2,341.10
14
venue
C~ty Attorney
were approved by the Council of the
day of September ,1999
Ruth Hodges Smith
City Clerk
- 26-
Item V-L
PL4NNING
ITEM # 45443
PL4NNING
1. RUTH W. AND JOHN TAYLOR
I/ARL4NCE
2. THE FRIENDS SCHOOL OF VIRGINL4 BE.4CH
CONDITIONAL USE PERi,lIT
3. HALL AUTO WORLD
CONDITIONAL USE PERi,lIT
4. OCEAN.4 ASSOCIATES, I~I~ C.,
a Virginia Limited liability company
CONDITION~4L CtL4NGE OF
ZONING
5. J.T.M. DEI~LOPMENT CORPOP~4TION
CONDITIONAL CI-L4NGE OF
ZONING
6. WENDELL C. FR~4NKLIN
CONDITION~4L CHANGE OF
ZONING
September 14, 1999
-27-
Item V-I.
PL4NNING
ITEM # 45444
Upon motton by Councdman Jones, seconded by Councd Lad), Eure, City Councd APPROVED IN ONE
MOTION Item 1, 2, 4 and 6 of the PLANNING B Y CONSENT AGENDA.
Votmg 9-0 (By Consent)
Councd Members Vottng Aye
Ltmvood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E
Oberndorf, Nancy K. Parker and A M "Don" Weeks
Councd Members Voang Nay'
]~Ione
Councd Members Absent
HaroM Hetschober and Vice Mayor Wtlham D Sessoms, Jr
September 14, 1999
Item V-I. 1.
- 28 -
PLANNING
ITEM # 45445
Upon motton by Councdman Jones, seconded by Councd Lady Eure, City Councd APPROVED the
Apphcatton of RUTH W and JOHN TAYLOR for a Variance to Section 4.4(b) of the Subchviston
Ordmance re all newly created lots must meet all requtrements of the Ctty Zoning Ordinance (CZO).
Appeal to Dectsions of Admtnistrative officers tn regard to certain elements
of the Subdtvtsion Ordtnance, subchvtston for Ruth W & John Taylor
Property ts located at 5061 Morrts Neck Road (GPIN #2319-36-3505)
DISTRICT 7- PRINCESS ANNE
The followtng condttions shall be requtred
1. A final plat shall be submitted to the Development Services
Center for approval and recordation
2 Deeds conveying the property exchanges shall be recorded with
the final plat.
Vottng. 9-0 (By Consent)
Councd Members Vottng Aye
Ltnwood 0 Branch, IIL Margaret L. Eure, Wdham W. Harrtson, Jr.,
Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E
Oberndorf Nancy K. Parker and A. M. "Don" Weeks
Councd Members Vottng Nay
None
Council Members Absent
HaroM Hetschober and Vtce Mayor Wdliam D. Sessoms, Jr.
September 14, 1999
Item V-I. 2.
- 29 -
PLANNING
ITEM # 45446
Upon motion by Counctlman Jones, seconded by Counctl Lady Eure, City Counctl ADOPTED the
Ordinance upon apphcatton of THE FRIENDS SCHOOL OF VIRGINIA BEACH for a
Condtttonal Use Permtt:
ORDINANCE UPON APPLICATION OF THE FRIENDS SCHOOL
OF VIRGINIA BEACH FOR A CONDITIONAL USE PERMIT
R09992294
BE IT HEREB Y ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon apphcatton of The Friends School of Vtrgtnta Beach
for a Condtttonal Use Permtt for a prtvate school south of Lasktn
Road and east of the eastern extremtty of Donna Boulevard. Satd
parcel ts located at 1537 Laskln Road and contatns 1.32 acres.
L YNNHA VEN - DISTRICT 5.
The followtng condtttons shall be requtred:
o
The parktng area proposed with thts facthty ts only for the
use of the school facthttes sttuated on the parcel sublect to
this condtttonal use permtt. An area for future parking,
located outstde of the Donna Boulevard rtght-of-way, must
be ldenttfied and tntegrated tnto any future plans for the
school campus.
2. The student enrollment of the school, tncludtng all future
faclhty expansions, must not exceed 400 students.
.
A detailed site plan tncorporattng all development
ordinance requirements, tncluding a stormwater
management strategy, must be submitted and approved by
the Development Services Center.
This Ordinance shall be effective tn accordance with Section 107 (]) of the Zontng Ordinance.
Adopted by the Council of the Ctty of Vtrgmta Beach, Vtrgtnta, on the Fourteenth of September, Nineteen
Hundred and NlneO,-Nlne
Voting 9-0 (By Consent)
Council Members Voting Aye
Lmwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E
Oberndorf, Nancy K Parker and A M "Don" Weeks
Counctl Members Votmg Nay
None
Counctl Members Absent
HaroM Hetschober and Vtce Mayor Wllham D Sessoms, Jr
September 14, 1999
I
- 30-
Item V-I.3.
PLANNING
ITEM ii 4544 7
Btlly Garrtngton, Consultant, 471 Southside Road, represented the apphcant
A MOTION was made by Councd Lady McClanan, seconded by Councd Lady Parker to ADOPT an
Ordtnance upon Apphcatton of HALL AUTO WORLD for a Condmonal Use Permtt for motor vehtcle sales
and servtce wtth ADDED CONDITION: The stgnage shall be monument style wtth landscapmg at the base
Upon SUBSTITUTE MOTION by Councdman Harrtson, seconded by Councdman Branch, Ctty Councd
ADOPTED an Ordtnance upon apphcatton of HALL AUTO WORLD for a Conchttonal Use Permit.
ORDINANCE UPON APPLICATION OF HALL AUTO WORLD FOR A
CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES AND
SER VICE R09992295
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon apphcatton of Hall Auto World for a Conchttonal Use
Permit for motor vehtcle sales and servtce on the north stde of Vtrginia
Beach Boulevard, west of Cranston Lane (GPIN #1487-95-6422). Satd
parcel ts located at 3252 Vtrgtma Beach Boulevard and contatns 1 194
acres DISTRICT3 - ROSE HALL
The following condittons shall be reqmred.
All landscaping shall be tnstalled as requtred by city ordinance
The location of landscaptng can be shtfted as necessary on site,
but the total amount should not be less than that whtch ts
requtred Any extsttng landscaptng that is to be counted toward
required landscaptng and does not meet or exceed the mtmmum
planting size must be replaced
2 All auto repair must take place inside the building No outstde
storage of equtpment, parts, or materials shall be permttted.
3. No outdoor paging system shall be permttted.
4 All hghttng shall be chrected towards the interior of the stte
5 No cars shall be located wtthtn the pubhc right-of-way.
This Or&nance shall be effective tn accordance wtth Sectton 107 09 of the Zontng Ordinance
Adopted by the Councd of the City of Vtrgtma Beach, Virginia, on the Fourteenth of September, Nineteen
Hundred and NineS-Nine
Vottng 6-3
Council Members Voting Aye:
Ltnwood 0 Branch, III, Margaret L Eure, William W. Harrison, Jr,
Barbara M Henley, Louis R. Jones, and Mayor Meyera E Oberndorf,
Council Members Vottng Nay
Reba S McClanan, Nancy K Parker and A M "Don" Weeks
Counctl Members Absent'
Harold Heischober and Vice Mayor William D Sessoms, Jr.
September 14, 1999
Item V-L4.
PLANNING
-31 -
ITEM ii 45448
Upon motion by Councilman Jones, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED the
Ordtnance upon Applicatton of OCEANA ASSOCIATES, L.L.C., a Vtrgtnta hmtted habthty
company for a Condtttonal Change of Zontng:
ORDINANCE UPON APPLICATION OF OCEANA ASSOCIATES,
L.L.C., A VIRGINIA LIMITED LIABILITY COMPANY FOR A
CHANGE OF ZONING FROM R-SD TO CONDITIONAL I-1
Z09991143
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon applicatton of Oceana Associates, L L C, a Vtrginta
hmtted hability company for a Change of Zoning Dtstrict Classification
from R-5D Restdenttal Duplex District to Conditional I-1 Ltght Industrtal
Dtstrtct on certatn property located at the northwest intersection of Dam
Neck Road and Holland Road (GPIN #1495-04-8448, #1495-14-4830,
#1495-14-5681 & #1495-14-1732) The proposed zoning classificatton
change to Condittonal I-1 is for hght industrial land use The
Comprehensive Plan recommends use of the parcel for a vartety of uses
tncluchng business parks and approprtately located industrtal uses tn
accordance wtth other Plan policies Said parcel contains 12 88 acres
PRINCESS ANNE - DISTRICT 7
The followtng condition shall be required'
Agreement encompassing proffers shall be recorded wtth the
Clerk of the Ctrcuit Court and ts hereby made a part of the
record
Thts Or&nance shall be effecttve in accordance wtth Sectton 107 (J) of the Zoning Ordinance
Adopted by the Councd of the Ctty of Virginia Beach, Virgtma, on the Fourteenth of September. Nineteen
Hundred and Ntnety-Ntne
Voting 9-0 (By Consent)
Council Members Voting Aye:
Ltnwood O. Branch, III, Margaret L Eure, William W Harrison, Jr,
Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K Parker and A M "Don" Weeks
Council Members Vottng Nay:
None
Councd Members Absent:
Harold Heischober and Vice Mayor William D. Sessoms, Jr
September 14, 1999
;'ORM NO. P $ tB
City o£ Vir¢inia Beach
[ NTER-OFFZ C. E CO RESPONI E CE
In Reply Refer To Our File No. DF-4914
DATE: August 25, 1999
TO: Leslie L. Lilley DEPT: City Attorney
FROM: William M. Macali ~]~ DEPT: City Attorney
Conditional Zoning Application - Oceana Associates, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on September 14, 1999. I have reviewed the. subject proffer agreement, dated
March 15, 1999, and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
WMM/
Enclosure
PREPARED BY
(KES. CARNES BOURDON
& AHERN. PC
ATTORNEYS ATLAW
OCEANA ASSOCIATES, LLC, a Vkginia limited liability company
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a munidpal corporation of the Commonwealth of Virginia
THIS AGllF~EMENT, made this 15th day of March, 1999, by and between OCEANA
ASSOCIATES, LLC, a Virginia limited liability company, Property Owner, GRANTOR; and THE
CITY OF VIRGINIA BEACH,
GRANTEE
a municipal corporation of the Commonwealth of Virginia,
WITNESSETH'
WHEREAS, the Property Owner is the owner of four (4) contiguous parcels of property
located in the Princess Anne District of the City of Vkginia Beach, comprising a total of approximately
12 88 acres, and described in Exhibit "A" attached hereto and incorporated herein by this reference.
The four (4) parcels are herein~er referred to as the "Property"; and
WHEREAS, Parcel I containing 10,237 square feet, Parcel II(a) containing 255,866 square
feet, Parcel II(b) containing 247,975 square feet and Parcel 111 containing 47,040 square feet, each
parcel being more particularly described in Exhibit "A", are all zoned R-5D; and
WHEREAS, the GRANTORS have initiated a conditional amendment to the Zoning Map of
the City of Virginia Beach, Virginia, by petition addressed to the GRAN'ri~., so as to change the
Zoning Classification of the Property fi.om R-5D to I-1, and
WHEREAS, the GRANTEE'S policy is to provide only for the orderly development of land
for various purposes through zoning and other land development legislation, and
WHEREAS, the GRANTORS acknowledge that the competing and sometimes incompatible
uses conflict and that in order to permit differing uses on and in the area of the Property and at the
same time to recognize the effects of change, and the need for various types of uses, certain reasonable
conditions governing the use of the Property for the protection of the community that are not generally
applicable to land similarly zoned are needed to cope with the situation to which the GRANTOR'S
rezoning application gives rise; and
WHEREAS, the GRANTORS have volumarily proffered, in writing, in advance of and prior
to the public hearing before the GRANTEE, as a part of the proposed amendment to the Zoning Map,
in addition to the regulations provided for the I-1 Zoning District by the existing overall Zoning
PREPARED BY
'KES. CARNES BOURDON
& AHERN PC
A'I'I'ORNEYS AT LAW
Ordinance, the following reasonable conditions related to the physical development, operation, and use
of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to
the Property, which have a reasonable relation to the rezoning and the need for which is generated by
the rezoning.
NOW, THEREFORE, the GRA2qTORS, for themselves, their successors, personal
representatives, assigns, Grantees, and other successors in tire or interest, voluntarily and without any
requirement by or exaction from the GRA_NTEE or its governing body and without any element of
compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval,
hereby makes the following declaration of conditions and restrictions which shall restri~ and govern
the physical development, operation, and use of the Property and hereby covenants and agrees that this
declaration shall constitute covenants running with the Property, which shall be binding upon the
Property and upon all parties and persons claiming under or through the GRANTOR, its successors
and assigns, Grantees, and other successors in interest or rifle:
1 When the Property is developed, it shall be developed substantially as shown on the
exhibits entitled "PRELIMINARY PLAN OF MINI STORAGE & OFFICE WAREHOUSE AT
NORTH LANDSTOWN COMMERCE PARK FOR OCEANA ASSOCIATES" prepared by Land
Design and Development, Inc., and "LANDSCAPE PLAN OF MINI STORAGE & OFFICE
WAREHOUSE AT NORTH LANDSTOWN COMMERCE PARK FOR OCEANA ASSOCIATES"
prepared by Land Design and Development, Inc., and "BUILDING EI.EVATION AND
ISOMETRIC SKETCH OF MINI STORAGE & OFFICE WAREHOUSE AT NORTH
LANDSTOWN COMMERCE PARK FOR OCEANA ASSOCIATES" prepared by Porterfield
Design Center dated March 15, 1999, which have been exhibited to the V'trginia Beach City Council
and are on file with the Vh:ginia Beach Department of Planning (hereinafter "Concept PI~,"
"Landscape Plan" and "Sketch Plan," respectively).
2. Vehicular acce~ to the Property shall be limited to one (1) cado cut on Dam Neck
Road with no other ingress or egress permitted.
3. The external building materials and architectural design elements of the office
warehouse buildings and end sections of the storage units shall be those depicted and described on
the Sketch Plan. Those exterior surfaces denoted as brick shall be red in color
PREPARED BY
YKES CARNE$ BOURDON
& AHERN PC
ATI'ORNEY$ AT LAW
4. The freestanding monument sign to be erected on the Property shall be constructed
with a brick base matching the brick on the buildings depicted on the Sketch Plan.
5 Further conditions may be required by the GRANTEE during detailed Site Plan
:eview and administration of applicable City Codes by all cognizant City agencies and
tepartments to meet all applicable City Code requirements.
The above conditions, having been proffered by the GRANTOR and allowed and accepted by
he GRANTEE as p.axt of the amendment to the Zoning Ordinance, shall continue in full force and
;ffect until a subsequent amendment changes the zoning of the Property and specifically repeals such
conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance
even if the subsequent amendment is part of a comprehensive implementation of a new or substantially
revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed,
mended, or varied by written insmaaent recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of
recordation of such instrument, provided that said insmanent is consented to by the GRANTEE in
writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body
>fthe GRANTEE, after a public hearing before the GRANTEE which was advertised pursuant to the
~rovisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or
resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if
not so recorded, said insmmaent shall be void.
The GRANTOR covenants and agrees that:
(1) The Zoning Administrator of the City of V'~a Beach, Virginia, shall be vested with
all necessary authority, on behalf of the governing body of the City of V'trginia Beach, Virginia, to
·
administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in
writing, that any noncompliance with such conditions be remedied, and Co) to bring legal action or suit
to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement,
damages, or other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to deny the
~ssuance of any of the required building or occupancy permits as may be appropriate;
PREPARED BY
'KES CARNES BOURDON
& AHERN PC
ATTORNEYS ATLAW
(3) If aggrieved by any derision of the Zoning Administrator, made pursuant to these
provisions, the GRANTOR shall petition the governing body for the review thereof prior to instituting
proceextings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the existence of
conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made
readily available and accessible for public inspection in the office of the Zoning Administrator and in the
Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia, and indexed in the names of the GRANTORS and the GRAlqTEE.
PREPARED BY
'KES CARNES BOURDON
& AHERN PC
A'i'FORNEYS AT LAW
I-
WITNESS the following signature and seal:
GRANTOR:
OCEANA ASSOCIATES, LLC
~esse Martin, Member
(SEAL)
STATE OF VIRG~
CITY OF VIRGINIA BEACH, to-wit:
The foregoing insmmaent was acknowledged before me this 12th day of_.
1999, by Jesse Martin, authorized member of Oceana Associates, LLC, Grantor.
March
Notary Public
My Commission Expires: August 31, 2002
PROFFERS
OCEANA
· !
PREPARED BY
eKES CARNES BOURDON
& AHERN PC
ATTORNEYS AT LAW
PARCEL I:
All of that certain lot, piece or parcel of land situate, lying and being in the City of xrtrginia Beach,
Virginia, and being known, numbered and designated as Parcel "A" as shown on that certain plat
entitled "Subdivision of Property Madge E. Johns, Princess Anne Borough, Vkginia Beach, Virginia",
made by Palmer Smith, C.L.S., dated July 20, 1966, which said plat is duly recorded in the Clerk's
Office of the Ckcuit Court of the City of Virginia Beach, Virginia; reference to said plat being hereby
made for a more particular description and location of the property conveyed herein.
PARCEL 1I:
,All those certain lots, pieces or parcels of land, lying, situate and being in the City of Virginia Beach,
Vkginia, and being described more particularly as follows:
PARCEL II(a):
All that certain lot, piece or parcel of land designated as Parcel Number One 5 894 Ac. as shown on
the certain plat entitled "Survey of Property of Madge E. Johns Estate", dated January 30, 1976, and
made by Bruce B. Gallup, Surveyor, duly recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, in Map Book 114, at Page 41.
nco):
All that certain piece or parcel of land designated as Parcel Number Two 6.164 Ac. as shown on that
certain plat entitled "Survey of Property ofMadge E. Johns Estate", dated January 30, 1976, made by
Bruce B. Gallup, Surveyor, and which is duly recorded in the Clerk's Office of the Circuit Court ofthe
City of V'irginia Beach, V'irginia, in Map Book 114, at Page 41.
PARCEL llI:
ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements situate
thereon, and thereunto belonging, lying, situate and being in Princess Anne Borough, Vkginia Beach,
Virginia, being descn'bed on plat entitled "Subdivision of Property of Madge E. Johns, located at
.Landtown, Princess Anne Borough, Virginia Beach, Vkginia, Scale 1" -- 100 ft dated May 25~, 1965,
and made by W. B. Galhp, Surveyor" said plat being duly recorded in Deed Book 2081, at Page ,49
and being more particularly described as follows. '
BEGINNING at a point located in the western right of way line of North Landtown Road (after
providing for a 20 foot dedication as shown on the aforesaid plat), which point is located North 52° 38'
West a distance of 20 feet fi-om a point located in the old western fight of way line of North Landtown
Road and which last described point is located South 32° 22', West a distance of 449.3 feet from the
center line of Holland Road as measured along aforesaid old western right of way line of North
Landtown Road and fi-om said point of beginning running North 52° 38' West 307.63 feet to a point,
thence continuing on the same course North 52° 38' West 340.4 feet to a point located in the center
line of a ditch which divides the property conveyed herein fi-om the property now or formerly
belonging to Carrington; thence turning and running South 46° 05', West 100.8 feet along the center
line of the aforesaid ditch to a point; thence turning and running South 52° 38' East 348.7 feet to a
PREPARED BY
KES CARNES BOURDON
& AHERN PC
ATTORNEYS AT LAW
Joint marked by a pipe; thence turning and running North 41° 22' East 80 feet to a point marked by a
ipin; thence taming and nmning South 52° 38' East 310.75 feet to a pin located in the we, stem fight of
way line of North Landtown Road (after providing for a 20 foot dedication as aforesaid); thence
mining and running along the aforesaid western right of way line of North Landtown Road North 32°
22' East 20 feet to the point of beginning
Less and except that part acquired by the City of Vh'ginia Beach and Commonwealth for the Holland
Road Project by the following deeds, Deed Book 2657 at Page 483, Deed Book 3400 at Page 285,
Deed Book 2594 at Page 258, Deed Book 2594 at Page 255 and as shown by the following plats,
'Deed Book 2543 at Pages 4A, B, C, D, E.
GPIN'S. 1495-14-5681; 1495-04-8448; 1495-14-4830; 1495-14-1732
OCF. ANA/PROFFER
I
Item V-I. 5.
- 32 -
PLANNING
ITEM # 45449
Attorney Grover Wrtght, Phone' 428-2741, represented the applicant
Upon motton by Councdman Branch, seconded by Councilman Jones, Ctty Counctl ADOPTED an
Ordtnance upon apphcatton of J. T.M. DEVELOPMENT CORPORATION for a Conchotnal Change of
Zontng
ORDINANCE UPON APPLICATION OF J.T.M. DEVELOPMENT
CORPORATION FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FR OM R T- 3 TO CONDITIONAL A- 36 Z09991144
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon apphcatton of J. ZM. Development Corporatton for a
Change ofZontng Dtstrtct Classification from RT-3 Resort Tourtst District
to Conchttonal A-36 Apartment Dtstrtct on the west side of Southslde Road
on BlockL, Lots 13, 14, 25, Parcel 13-Vandrematns of Lots 9-12 & 22-24,
Rudee Hetghts (GPINS #242 7-21-32 71, #242 7-21-4215; #242 7-21-42 78,
#2427-21-5213; #2427-21-4168). The proposed zoning classtficatton
change to Conditional A-36 ts for multtfamtly restdenttal land use at a
density no greater than 36 dwelling units per acre. The Comprehenstve
Plan recommends use of thts parcel for resort uses tn accordance with
other Plan pohctes Satd parcels contain 39,639 6 square feet BEACH -
DISTRICT 6
The followtng conchtton shall be requtred'
Agreement encompassing proffers shall be recorded with the
Clerk of the Ctrcutt Court and ts hereby made a part of the
record.
Thts Ordinance shall be effective in accordance wtth Section 107 09 of the Zoning Ordtnance
Adopted by the Council of the City of Vtrgtnta Beach, Vtrgtnta, on the Fourteenth of September, Nineteen
Hundred and Ntne~-Ntne
Vottng. 9-0
Councd Members Voting Aye.
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K Parker and A M "Don" Weeks
Counctl Members Voting Nay:
None
Councd Members Absent'
HaroM Heischober and Vice Mayor William D Sessoms, Jr
September 14, 1999
FORM NO P S lB
City o£ Vir¢inia Beach
INTER-OFFZCE CORRESPON'DEAICE
In Reply Refer To Our File No. DF-4954
DATE: August 25, 1999
TO:
FROM:
Leslie L. Lilley DEPT: City Attorney
William M. Macalil/~ DEPT: City Attorney
Conditional Zoning Application- J.T.M. Development Corp., et al
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on September 14, 1999. I have reviewed the subject proffer agreement, dated
July 26, 1999, and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
WMM/
Enclosure
T
J.T.M. DEVELOPMENT CORP.,
a Virginia stock corporation, et al.
LAKE WESLEY ASSOCIATES,
a Virginia general partnership, et al.
TO (COVENANTS AND CONDITIONS
CITY OF VIRGINIA BEACH,
a municipal corporation of
the Commonwealth of Virginia
THIS PROFFER AGREEMENT, made this 26th day of July, 1999, by and
between J.T.M. DEVELOPMENT CORP., a Virginia stock corporation, (Contract
Purchaser), and LAKE WESLEY ASSOCIATES, a Virginia general partnership, (owner
in fee simple and Contract Seller), Grantors, of the one part, and CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, of the other
part;
WITNESSETH THAT:
WHEREAS, the Grantors have initiated an amendment to the Zoning Map
of the City of Virginia Beach, Virginia, by petition of the Grantors addressed to the
Grantee, so as to rezone the Grantors' property, as described on Sheet 4, survey of
property mentioned hereinafter, from RT-3 Resort Toudst Distdct to A-36 Apartment
District (Conditional Zoning), on certain property containing approximately 39,450 sq. ft.
(0.9056 Ac.) located on the east side of General Booth Boulevard and on the west side
of Southside Road north of and adjacent to Harbour Point Road Extended, in Beach
District 6, in the City of Virginia Beach, Virginia; said property being Lots 13, 14, 25,
Parcel 13-V, and Remains of Lots 11, 12 and 24, Block L, Rudee Heights, M.B. 2§, p. 57,
M.B. 108, p. 45, (GPINs 2427-21-3271; 2427-21-4215; 2427-21-4278; 2427-21-5213;
2427-21-4168) referred to hereinafter as "the Property," and being shown on the 5 sheets
of plans for "Lighthouse Point" (Sheet 1, Typical Floor Plan Over Ground Floor Parking
Garage; Sheet 2, Ground Floor Parking Garage; Sheet 3, Ground Floor Parking
Arrangement/Building Overlay; Sheet 4, Survey of Property; Sheet 5, Landscape Plan)
made by Gallup Surveyors & Engineers, Ltd., on file with the Planning Department and
Prepared by:
Grover C. Wr~gh=, Jr.
Sul=e 802 Pavilion Cen=er
2101 Parks Avenue
Virg~n/a Beach, VA 23451
[75?) 428-2741
I
exhibited to City Council, (those 5 sheets dated February 22, 1999, being called the Site
Plan) filed with the Grantee ("the Site Plan"); and
WHEREAS, the Grantee's policy is to provide only for the orderly
development of land, for various purposes, including multi-family purposes, through
zoning and other land development legislation; and
WHEREAS, the Grantors acknowledge that in order to recognize the effects
of change, and the need for various types of uses, including a specific multi-family
o
housing project for the development of the Property with strictly residential uses rather
than the existing mixed residential/hotel/commercial uses allowed by the existing RT-3
Resort Tourist District zoning, certain reasonable conditions governing the use of the
Property for the protection of the community that are not generally applicable to land in
the A-36 Apartment zoning classification are needed to cope with the situation to which
the Grantors' proposed development gives rise; and
WHEREAS, the Grantors have voluntarily proffered in writing, in advance
of and pdor to the public hearing before the Grantee, as a part of the proposed
amendment to the Zoning Map, in addition to the regulations provided for in the A-36
zoning district or zone by the existing overall City Zoning Ordinance, the following
reasonable conditions related to the physical development and operation of the property
to be adopted as a part of said amendment to the new Zoning Map relative to the
property described above, which have a reasonable relation to the rezoning and the need
for which is generated by the rezoning and proposed development; and
WHEREAS, said conditions having been proffered by the Grantors and
allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,
such conditions shall continue in full force and effect until a subsequent amendment
changes the zoning on the property covered by such conditions; provided, however, that
such conditions shall continue despite a subsequent amendment if the subsequent
amendment is part of a comprehensive implementation of a new or substantially revised
zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended
or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, and executed by the record owner of the subject property
at the time of recordation of such instrument; provided, further, that said instrument is
[ 1-
consented to by the Grantee in writing, as evidenced by a certified copy of an ordinance
or a resolution adopted by the goveming body of the Grantee, after a public hearing
before the Grantee advertised pursuant to the provisions of Code of Virginia, Section
15.2-2204, which said ordinance or resolution shall be recorded along with said
instrument as conclusive evidence of such consent;
NOW, THEREFORE, the Grantors, for themselves, their successors,
personal representatives, assigns, grantees, and other successors in title or interest,
voluntarily and without any requirement by or exaction from the Grantee or its governing
body and without any element of compulsion or quid pro quo for zoning, rezoning, site
plan, building permit, or subdivision approval, hereby makes the following declaration of
conditions and restrictions as to the physical development and operation of the subject
property and governing the use thereof and hereby covenants and agrees that this
declaration shall constitute covenants running with the said property, which shall be
binding upon the Property and upon all parties and persons claiming under or through the
Grantors, their successors, personal representatives, assigns, grantees, and other
successors in interest or title, namely:
The following shall be substantially adhered to, however, further conditions
may be required by the Grantee during detailed site plan review and administration of
applicable City codes by all cognizant City agencies and departments, including the City
Arbodst, to meet all applicable City Code requirements:
Development on the site will conform to the Site Plan. Development shall
substantially adhere to the submitted rendering of "Lighthouse Point Condominiums for
J.T.M. Development" (East/West Elevation and North/South Elevation) dated June 25,
1999, made by Edward Roehm, A.I.A., Architect, including the following description of
extedor materials, Le., composition roof shingles, white horizontal lap, white prefinished
door and window frames, white PVC railings, and masonry walls in accord with the
materials description board prepared by J.T.M. Development Corp. dated July 27, 1999,
on file with the Planning Department and exhibited to City Council.
It is recognized that further conditions may be required during the
administration of applicable City ordinances and that there will be detailed site plan review
to meet all applicable City codes, and that further conditions may be required during the
administration of applicable City ordinances.
All references hereinabove to requirements and regulations applicable
thereto refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force
as of the date of City Council action approving the amendment sought by the Grantors,
which is by this reference incorporated herein.
The Grantors covenant and'agree that (1) the Zoning Administrator of the'
City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of
o
the governing body of the City of Virginia Beach, Virginia, to administer and enforce the
foregoing conditions, including (i) the ordering in wdting of the remedying of any
noncompliance with such conditions, and (ii) the bdnging of legal action or suit to insure
compliance with such conditions, including mandatory or prohibitory injunction, abatement,
damages or other appropriate action, suit or proceedings; (2) the failure to meet all
conditions shall constitute cause to deny the issuance of any of the required building or
occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning
Administrator made pursuant to the provisions, the Grantors shall petition to the governing
body for the review thereof pdor to instituting proceedings in court; and (4) the Zoning
Map may show by an appropriate symbol on the map the existence of conditions
attaching to the zoning of the subject property on the map and that the ordinance and the
conditions may be made readily available and accessible for public inspection in the office
of the Zoning Administrator and in the Planning Department and that they shall be
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia,
and indexed in the names of the Grantors and Grantee.
WITNESS the following signatures and seals.
J.T~M%DEVELOP~T CORP.
I-AKE WESLEY ASSOCIATES,
John core, General Partner
~~n~E. B~--~e"s~./,~eneral Partner
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACH, to-wit:
I,c~. ~ ,r-~E,., ~..~.~..~d,~z/ , a Notary Public in and for the State of
Virginia at large, do i~ereb~ certify that John T. Mamoudis, President of J.T.M.
Development Corp., a Virginia stock corporation, whose name is signed as such to the
foregoing instrument, beadng date on the 26th day of July, 1999, has acknowledged the
same before me in the city and state aforesaid.
Given under my hand this ~' day of ~ .., 1999.
/- Notary Public '
My commission expires ~,//,'~ ,~' t, ~-~q~J// ·
STATE OF VIRGINIA, ~
CITY OF VIRGINIA BEACH, to-wi[(: '~
i, //~1~//~'7-~//~/~, a Notary Public in and for the State of/~ ' J
Virginia at Large, do h~reby certify that John K. Moore ~;,~ J=mc: E. B.n/dg:=, ,,,.'--;
General Partner& of Lake Wesley Associates, a Virginia general partnership, whose
names are signed as such to the foregoing instrument, bearing date on the 26th day of
July, 1999, has acknowledged the same_~before e
Given under my hand this ~'--
in the city and state aforesaid.
My commission expires
day of
Notary Public
STATE OF VIRGINIA,
CITY OF NORFOLK, to wit:
I, Deneen L. Jaramillo, a Notary Public in and for
the State of Virginia at Large, do hereby certify that James
E. Brydges, Jr., General Partner of Lake Wesley Associates,
a Virginia general partnership, whose name is signed as such
to the foregoing instrument, bearing date on the 26th day of
July, 1999, has acknowledged the same before me in the city
and state aforesaid.
Given under my hand this 27th day of July, 1999.
Notary
My commission expires 8/31/2000.
Item V-I. 6.
- 33 -
PLANNING
ITEM # 45450
Upon motion by Councdman Jones, seconded by Council Lady Eure, Ctty Counctl DEFERRED until the
City Council Session of SEPTEMBER 28, 1999, Ordinance upon Apphcatton of WENDELL C.
FRANKLIN for a Change of Zontng Dtstrtct Classtficatton
ORDINANCE UPON APPLICA TION OF WENDELL C. FRANKLIN FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM RT-3 TO
CONDITIONAL A-36
Or&nance upon apphcatton of Wendell C FranMtn for a Change of
Zoning District Classification from RT-3 Resort Tourist Dtstrtct to
Conditional A-36 Apartment District on certatn property located at the
southeast tntersection of North Birdneck Road and Pavthon Drtve (GPIN
#2417-66-2 734, #2417-66-0899, #2417-5 76-9034) The proposed zoning
classtficatton change to Conditional A-16 ss for multtfamily restdenttal
land use at a density no greater than 165 dwelhng untts per acre The
Comprehenstve Plan recommends use of thts parcel for resort uses
tncluding lodging, retail, entertainment, recreational and other uses tn
accordance wtth other Plan policies Satd parcel contatns 8 889 acres
more or less BEACH - DISTRICT 6
Votmg. 9-0 (By ConsenO
Council Members Voting Aye.
Linwood O. Branch, III, Margaret L. Eure, William W Harrtson, Jr,
Barbara M. Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E
Oberndorf, Nancy K Parker and A M. "Don" Weeks
Council Members Vottng Nay.
None
Council Members Absent'
Harold Hetschober and Vice Mayor Wdham D Sessoms, Jr
September 14, 1999
- 34 -
Item V-K.
APPOINTMENTS
ITEM # 45451
B Y CONSENSUS, Ctty Councd RESCHEDULED thefollowtng APPOINTMENT
PARKS AND RECREATION COMMISSION
September 14, 1999
I
- 35-
ITEM # 45452
Mayor Meyera E. Oberndo~ entertained a motion to permit Ctty Councd to conduct its CLOSED
SESSION, pursuant to Section 2 1-344(A), Code of Vtrgtnta, as amended, for the following purpose
PUBLICLY-HELD PROPERTY: Dtscusston or consideration of the
acqmsttton of real property for a public purpose, or of the cltsposttton of
pubhcly-heM real property, where discusston tn an open meeang wouM
adversely affect the bargatmng posttton or negottattng strategy of the
public body pursuant to Section 2 1-344(A)(3).
To-Wit'
Acqutsttton/Disposition of Real Property
Rudee Loop
LEGAL MATTERS: Consultaaon with legal counsel and briefings by staff'
members or consultants pertaining to actual or probable httgatton, where
such consultatton or brtefing tn open meeting would adversely affect the
negottattng or httgattng posture of the pubhc body, and consultatton wtth
legal counsel employed or retatned by a pubhc body regarding specific
matters requirtng the provtsion of legal advtce by such counsel pursuant
to Section 2.1-344(A)(7).
To-Wit
Pending or Threatened Litigation/Legal consultatton
Estate of Edward (7. Reed
Robert Engesser
TR T Paratranst t
Upon motton by Councilman Harrison, seconded by Councd Lady Parker, Ctty Councd voted to proceed
tnto CLOSED SESSION at 3:30 P.M.
Voting. 9-0
Councd Members Vottng Aye'
Ltnwood O. Branch, III, Margaret L. Eure, Wdham W Harrtson, Jr.,
Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E.
Oberndorf, Nancy K Parker and A M "Don" Weeks
Councd Members Voting Nay.
None
Council Members Absent
Harold Hetschober and Vice Mayor Wilham D Sessoms, Jr.
September 14, 1999
- 36-
ITEM # 45453
Mayor Meyera E. Oberndorf RECONVENED the FORMAL SESSION tn the Councd Conference Room,
City Hall Butldtng, on Tuesday, September 14, 1999, at 5 09 P M
Council Members Present'
Ltnwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr,
Barbara M Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E
Oberndorf Nancy K Parker and A M "Don" Weeks
Council Members Absent
Harold Hetschober and Vtce Mayor Wdham D Sessoms, Jr
September 14, 1999
I
-37-
CER TIFICA TION OF
CLOSED SESSION
ITEM # 45454
Upon motton by Councd Lady Parker, seconded by Councdman Harrison, Ctty Councd CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc bustness matters lawfully exempted from Open Meeting
requirements by Virginia law were dtscussed in Closed Sesston to whtch
this certtfication resolution appltes,
AND,
Only such pubhc bustness matters as were tdenttfied tn the morton
convemng the Closed Session were heard, chscussed or constdered by
Vtrgtnta Beach Ctty Counctl
Vottng 9-0
Council Members Voting Aye:
Ltnwood O. Branch, IIL Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera
E Oberndorf, Nancy K. Parker and A. M "Don" Weeks
Councd Members Voting Nay:
None
Councd Members Absent.
Harold Hetschober and Vice Mayor William D Sessoms, Jr.
September 14, 1999
I
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 # 45452, Page 35, and ~n accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Rut~ Hodges StrOh, cMC/AAE
City Clerk
September 14, 1999
Item V-M.
- 38 -
AD JO URNMENT
ITEM # 45455
Mayor Meyera E Oberndorf DECLARED the City Counctl Meettng ADJOURNED at 5:10 P.M.
Beverly 0 Hooks, CMC/AAE
Chtef Deputy Ctty Clerk
Ctty Clerk
Meyera E. Oberndorf
Mayor
Ctty of Virgtma Beach
Vtrgtnta
September 14, 1999