HomeMy WebLinkAboutNOVEMBER 10, 1998 MINUTES~Jity of Virginia Hcach
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CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At*Large
VICE MA YOR WILLIAM D. SESSOMS. JR.. At-Large
LINWOOD O. BRANCH II1, District 6-Beach
MARGARET L. EURE. District l-Centerville
WILLIAM W, HARRISON. JR., District 5-Lynnhaven
HAROLD HEISCHOBER. At-Large
BARBARA M. HENLEY, Distri¢'t 7-Princess Anne
LOUIS R. JONES, District 4-Bay$ide
REBA S. McCLANAN, District 3-Rose ttall
NANCY K. PARKER, At-Large
A.M. (DON) WEEKS, District 2-Kempsville
JAMES K. SPORE. City Manager
LESLIE L. LII~EY, City Altorney
RUTH HODGES SMITH, CMC/AAE. City Clerk
CITY COUNCIL AGENDA
CITY HALL BUILDING I
240I COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PttONE: (757) 427~4303
FAX: (757) 426-5669
EMAIL: C~I'YCNCL~ CITY.VtRG~NIA-BEACtI.VA.U$
10 November 1998
I. CITY MANAGER'S BRIEFINGS
- Conference Room -
10:30 AM
Ao
C°
Do
COMMUNITY SERVICES BOARD ANNUAL REPORT
Donald V. Jellig, Chairman
Dr. Terry Jenkins, Executive Director
RED LIGHT CAMERA
R. Michael Greenwood, Civil Engineer, Traffic Engineering Bureau
Richard Retting, Insurance Institute for Highway Safety
WILD HORSES
Louis E. Cullipher, Director - Agriculture
SIGN and CHESAPEAKE BAY ORDINANCE AMENDMENTS
Robert J. Scott, Director - Planning
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL CONCERNS
IV. INFORMAL SESSION
- Conference Room -
1:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
V. FORMAL SESSION
- Council Chamber -
2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION:
The Reverend Russell Burchard
Galilee 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 EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS
27 October 1998
G. AGENDA FOR FORMAL SESSION
The Consent Agenda will be determined during the Agenda Review Session and considered in the
ordinary course of business by City Council to be enacted by one motion.
H. PUBLIC HEARING
VETSHOUSE, INC.
PROPOSED REAL AND PERSONAL PROPERTY TAX EXEMPTION
I. RESOLUTIONS
Resolution to support legislation designating real and personal property owned by
Vetshouse, Inc., as being EXEMPT from state and local real and personal property taxation:
Real property assessed value $233,012
Personal property assessed value $500
1998-1999 taxes $2,842.76
1998-1999 taxes $18.50
Resolution re membership of Surry County in the Hampton Roads Partnership; and, its
recognition as part of the Hampton Roads Region.
J. ORDINANCES
Ordinance to AMEND Ordinance #98-2506B re appropriated funds to CIP #1-212,
Elementary School Modernization Program.
Ordinance to APPROPRIATE $644,917 from the Tourism Advertising Program (TAP)
Fund to the FY 1998-1999 Operating Budget of the Department of Convention and Visitor
Development re TAP expansion.
Ordinance to APPROPRIATE $1,633,359 from the General Fund Balance and $104,346
from the Water and Sewer Fund Retained Earnings re the Gainsharing Program.
Ordinances re award of leases of portions of City property for construction, maintenance and
operation of wireless telecommunications facilities:
5023 Providence Road
(DISTRICT 2 -
KEMPSVILLE)
bo
SPRINTCOM, INC.
1848 Pleasant Ridge Road
(DISTRICT 7 -
PRINCESS ANNE)
Certificate of Public Convenience and Necessity:
NEXTEL COMMUNICATIONS
TOP HAT LIMOUSINES
6. License Refunds: $19,857.29
Ko
PUBLIC HEARING - PLANNING
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
Ordinance in the Petition ofO & R, INC., a Virginia Corporation, for the discontinuance,
closure and abandonment ora portion of Powhatan Avenue, beginning on the West side of
Powhatan Avenue and nmning between Lots 1 through 4, Block 40 and Lots 6 through 14,
Block 46 of Ocean Park, containing 35,594 square feet (DISTRICT 4 - BAYSIDE)
Approved for Compliance:
Additional 180-Day Deferral:
28 April 1998
27 October 1998
Recommendation:
FINAL APPROVAL
Application of ASSOCIATION FOR RESEARCH & ENLIGHTENMENT, INC., for
an enlargement of a nonconforming use at the Northwest comer of Atlantic Avenue and
67th Street to enlarge existing facilities (LYNNHAVEN - DISTRICT 5).
Deferred: 14 July 1998
04 August 1998
Recommendation:
DEFERRAL TO 24 NOVEMBER 1998
Application of ACTORS AND ENTERTAINERS, INC., for a Conditional Use Permit for
a private club on the East side of Newtown Road, 250 feet more or less North of Virginia
Beach Boulevard (470 Newtown Road), containing 1.305 acres (DISTRICT 2
KEMPSVILLE).
Recommendation:
APPROVAL
Application of VIRGINIA BEACH FREE WILL BAPTIST CHURCH for a Conditional
Use Permit for a church (expansion) at the Southeast intersection of South Witchduck Road
and Grayson Road (210 Witchduck Road), containing 2 acres (DISTRICT 2
KEMPSVILLE).
Recommendation:
APPROVAL
Application ofDEMETRIOUS T. KOULOUKIS for a Conditional Use Permit for motor
vehicle sales at the Southwest intersection of Virginia Beach Boulevard and Dorset Avenue,
containing 22,977 square feet (DISTRICT 2 - KEMPSVILLE).
Recommendation:
APPROVAL
Application of SEAN K. FORSYTH and JOSEPH HAWA for a Change of Zoning
District Classification fi.om Conditional B-1 Neighborhood Business District and
Conditional AG-1 Agricultural District to I-1 Light Industrial District on the West
side of Birdneck Road 840 feet more or less North of Bells Road, containing 9.59 acres
(DISTRICT 6 - BEACH).
Recommendation:
APPROVAL
Application of DANIEL PENDARVIS III and DALE H. PENDARVIS for a Change of
Zoning District Classification from R-20 Residential District to R-15 Residential District on
the East side of Green Hill Road, South of Duke of Norfolk Quay (1725 Green Hill Road),
containing 19,994.04 square feet (DISTRICT 5 - LYNNHAVEN).
Recommendation:
APPROVAL
o
Application of THE DRAGAS COMPANIES, a Virginia Corporation, for a Change of
Zoning District Classification fi.om R- 10 Residential District to Conditional A- 12 Apartment
District on the West side of Salem Road 820 feet more or less South of Lyrmhaven Parkway,
containing 15.077 acres (DISTRICT 1 - CENTERVILLE).
Staff Recommendation:
DENIAL
Planning Commission Recommendation: APPROVAL
APPOINTMENTS
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HISTORICAL REVIEW BOARD
UNFINISHED BUSINESS
NEW BUSINESS
ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
11/05/98cmd
AGENDA\I 1-10-98
www.virginia-beach.va, us
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
November 10, 1998
Mayor Meyera E. Oberndo/f called to order the CITY MANAGER'S BRIEFINGS in the Council
Conference Room, CiO' Hall Building. on November 10, 1998, at IO:30 AM.
Council Members Present:
William W. Harrison, Jr., Louis R. Jones, Reba S. McClanan, Mayor
Meyera E. Oberndo~f Nancy K. Parker, Vice Mayor William D. Sessoms
and A. 3~ "Don" Weeks
Council Members Absent:
Linwood O. Branch, III
Margaret L. Eure
Harold Heischober
Barbara M. Henley
[ENTERED: 10.'55 A.M.]
[ENTERED: 12 NOON, WITH HUSBAND IN
CA TARACT SURGERY]
JILL - WORKED POLLS NOVEMBER 3, 1998
IN THE RAIN ALL DA Y]
[ENTERED: lO:35 A.M.]
-2-
CITY MANAGER'S BRIEFING
COMMUNITY SER VICES ANNUAL REPORT
10:30 A.M.
ITEM # 44249
Mayor Oberndorf advised she was invited last evening, November 9, 1998, by the Secretary of Health and
Human Services to be part of a two-hour conversation with the Secretary's staffers on Public and Mental
Health. The Secretary's message, on behalf of the Governor, was very clear, Richmond does not want to
insert itself into Virginia Beach or any other city's operation. They will be looking to the churches to help
resolve these problems and how to establish the mentally ill back into cities once they are released from
institutions. Mayor Oberndorf believed this a wonderful idea, but was concerned relative financial realities.
She discussed the City's Infant Stem program, the FRED program in the libraries, Unwed Fathers program
in Social Services, etcetera. Representatives from all over the region attended.
The City Manager introduced DonaM V. Jellig, Chairman - Community Services Board Chairman Jellig
advised funding is limited yet opportunities and needs are great. The whole focus has been on creating
partnerships which is the byword of the Annual Report. Partnerships reflect the overarching philosophy
of the method to restructure the Community Services Board and its membership. Those partnerships are
economic and social. They are virtual and real. There are partnerships with other City agencies and the
support services of the City, partnerships with those agencies to which Community Services reports, those
agencies that report to Community Services and the organizations within the Community. A year ago,
Community Services had an Executive Committee, a Finance Committee and three Committees that oversaw
the various disciplines: mental health, mental retardation and substance abuse. In the ensuing year, five
more committees have been developed: Board Development, Community Relations, Quality of Life,
Building and ByLaws.. The average Board Member contributes between 15 and 20 hours per month of
Volunteer time, because he or she serves on two or three of these committees in addition to the Board. The
minimum requirement is approximately 10 hours. This has made the members far more involved and much
more fluent in what services can be leveraged within the City. Board development has been a particularly
important opportunity. The members have worked with Vice Mayor Sessoms in the process of making sure
candidates for the Community Services Board understand the kind of commitment expected and needed
while serving in that particular role. The Board has become more enlightened and more focused
Involvement enhances vision. The involvement demonstrated with different subcommittees, which have
disbursed throughout the Community, have certainly clarified the vision of many of the Board Members of
how they serve and what their involvement needs to be. A good example is the Board became involved with
the State Legislature approximately 6 months ago. A "first" ever: legislative breakfast was organized.
Virtually every State Legislature and Board Member were in attendance. We then divided up into a
"Buddy" system to lobby for funds back to the Community in terms of needs. Afier participation, Board
operations were investigated The change was "pluralistic ". CSB has gone from being a more isolated
agency to one that is far broader, more integrated in its approach - integrated with total City services,
private sector, and volunteers in the Community. At a Board Meeting approximately 6 months ago, C. Oral
Lambert, Jr. - Chief of Staff, hem a workshop for the CSB explaining the Strategic Planning Process for the
City. The Board operations have become more constituent-friendly. Board and Sub Committee meetings are
very open and less formal. Public comment has been allowed at the beginning and end and occasionally in
between. Members of Advocacy groups, clients and family have been included in some of the Board
Subcommittees, so their involvement is intrinsic in the way the CSB is now doing business. There has been
Ad Hoc participation beyond that. Partnerships have also impacted service delivery. A seamless system of
delivery has been created for the individuals served, whether being served by a function of the Community
Services Board or whether also as a part of the School, Jail, Social Service, or Public Health systems. The
CSB has attempted to buiM bridges and make the hands-off graceful and careful for those served This is
a very fragile population. Great inroads have been made in creatingpartnerships with other City entities
to best serve those people. Clearly, in the partnership mode, there has been intense community involvement.
This has been the theme of this partnership, reaching out to consumers, family and advocacy groups. Their
participation has been invited and encouraged. The Virginia Beach Mental Health System is strong andwell.
One particular area, which has been focused at the State level over the last year, is in that of Human Rights.
Over a year ago, the CSB established a Contract Oversight Committee to assure the homes and job
environments for the mentally disabled were safe. This moved from contract oversight to "quality of life".
This is a subcommittee of consumers, advocates and Board members, which involve detailed expectations
of how we wish to deal with residential and job work-site. The CSB is in the process of developing an ethics,
or compliance program, whereby every employee of the CSB is going to go through special training to
resensitize them to the very unique needs of this population. The facilities issue will be discussed in the
January/February timeline.
Mayor and City Council expressed appreciation to Chairman dellig for his performance of his job with
dignity, intellect and thoroughness.
November 10, 1998
CITY MANAGER'S BRIEFING
COMMUNITY SER VICES ANNUAL REPORT
ITEM # 44249 (Continued)
Mr. Jellig advised the person who deserves the majority of the credit is Dr. Terry Jenkins, Executive
Director.
Dr. Jenkins displayed the service delivery system. The Mission of the Community Services Board is to
"provide services to persons in Virginia Beach who are mentally ill, mentally retarded or chemically
addicted". The cover of the Annual Report was designed by some of the consumer and family members and
is a good example of the reason CSB exists to serve people. This cover is a picture of art done by some of
the mentally retarded individuals who attend one of the daycare programs, entitled Skill Quest. Last year
10,200 individuals were served in the City of Virginia Beach. This is approximately a 10% increase from
the previous year. The "red" displayed on the graph depicts 1,000 children and adults who have mental
retardation. The "green" reflects approximately 4,540 citizens had substance abuse problems. 4,800
individuals were treated for a variety of mental health problems. 60% of the patients were female. The
majority of the adults served were between the ages of 23 and 59. 22% of the 10,000 citizens served were
children and adolescents. There has been a higher level of referrals for the services for children and
adolescents. There is a need to create more services for children under the age of j~ve. The vast majority of
these children are children referred from Social Services because of neglect and abuse. There is a growing
elderly population. More than 225 homeless individuals were treated. The majority of patients have very
limited.financial resources. Approximately 70% have incomes under $10,000. They lack the resources to
attain private care. 42% of the individuals in the mental health system have been institutionalized. More
than one-half of these individuals are diagnosed as seriously mentally ill or seriously emotionally disturbed
children. 45% who are treated for substance abuse are referred by the criminal justice system. 42% of those
in the substance abuse program listed alcohol as their drug of primary use, 23 % - crack cocaine and 14%
marijuana. Those statistics are slightly misleading, as increasingly there is a trend being witnessed for both
the substance abusing adult and the adolescent population: is "poly" system, which means people are
utilizing more than one drug at the same time.
FY 9 7-98 REVENUES
City $ 5,423,339 25.63%
State 4,297, 792 20.32%
Federal 1,928, 59 7 9.12 %
Medicaid 7,532,411 35. 61%
Fees 1, 693,967 8.01%
Other 2 77,562 1.31%
TOTAL $21,153,668 100.00%
FY 9 7-98 EXPENDITURES
Administration $ 973,632 4.89%
Mental Health 6,994, 707 35.13 %
*Mental Retardation 7, 532,360 3 7. 84 %
Substance Abuse 4,407,848 22.14%
TOTAL $19,908,547 100.00%
*Does not include $3.6-MILLION of Medicaid Mental Retardation payments to private providers.
Dr. Jenkins expressed concern relative the waiting lists. These are the kind of situations which are
continually brought to the attention of the State.. Virginia Beach has many families which are growing older
and still have disabled children in their forties and fiflies, which they have been caring for many years. Once
they are no longer in a position to provide this care, these families are concerned with what will happen to
the older disabled child. Dr. Jenkins advised increased State dollars have not occurred in a while. The total
Retained Earnings are slightly over $2-MILLION.
November 10, 1998
-4-
CITY M/INAGER'S BRIEFING
RED LIGHT C/IMERA
11:03 A.M.
ITEM it 44250
Mr. Clarence Warnstaff, Acting Director- Public Works Department, advised the main objective of the red
light camera program is an increase of safety and to reduce traffic accidents. This program supports City
Council's destination point of having a safe community. Mr. Warnstaff introduced R. Michael Greenwood,
Civil Engineer - Traffic Engineering Bureau, and Richard Retting, Senior Transportation Engineer -
Insurance Institute for Highway Safety.
Mr. Greenwood described the Red Light Camera Program. The City continues to experience a significant
number of instances in which motorists disregard red lights at traffic signals, and with these "red light
violations '; the potential for right angle accidents continues to prevail. Typically, these type of accidents
have a higher rate of injuries and increased property damage compared to other types of accidents, such
as rear-end accidents. Statistical data performed by Old Dominion University indicates a substantial
number of red light violations, most frequently occurring after the end of the yellow clearance phase. A new
technology, which deals with monitoring and enforcing red light violations, is available and State laws have
been enacted which permit the use of such a system. Also, at the 1998 General Assembly session, the "Sunset
Clause" for the State laws pertaining to this technology were extended from July 2000 to July 2005. Mr.
Greenwood displayed a graphic detailing the ten (10) signalized intersections with the highest accident
locations:
*Independence Boulevard/Virginia Beach Boulevard
*Indian River Road/Kempsville Road
*Dam Neck Road/General Booth Boulevard
Holland Road/Z ynnhaven Parkway
Lynnhaven Parkway/Potters Road
*International Parkway/Zynnhaven Parkway
Virginia Beach Boulevard/Witchduck Road
Little Neck Road/Virginia Beach Boulevard
Baker Road/Newtown Road
Holland Road/Rosemont Road
152 (52
125 (26 RA)
125 (21 RA)
112 ( 7
lO6 (25
103 (48 RA)
lOS (25
lOO as
91(
* Intersections recommended for Red Light Cameras.
Mr. Greenwood displayed a collision diagram of the intersection of lndependence Boulevard and Virginia
Beach Boulevard. Over the three-year period this intersection was evaluated, there were thirty-six right
angle accidents. Each of these accidents represents two vehicles, one a law abiding citizen and the other who
ran the red light. Red light camera systems are best described as two-part. The first part of the system is
portable. It consists of a computer, a high speed camera, a flash attachment and a digital loop signal
processor. The second part of the system is fixed at the intersection. It consists of detection loops in the
pavement, and a cabinet housing which is interconnected to the local traffic signal. Approximately 80%
of the system's cost is in the portable part of the system and the associated manpower resources required
to operate the program. For a pilot project, it is proposed four cameras be purchased or leased to be rotated
among the four intersections. The four intersections, which naturally have 16 approaches, would be
equipped with the fixed components so that all approaches would be monitored. In Virginia, only the rear
of the vehicle is required to be photographed. Mr. Greenwood displayed photographs of the system being
utilized in Fairfax, Virginia. The red light camera system will always take two photographs, the first one
showing the initial violation and the second one showing the vehicle did proceed through the intersection.
There is a data block in the upper middle portion of the photograph. This provides information relative the
time, and date of the infraction, the time period the yellow light was in effect before the onset of the red and
how long the red was in effect when the infraction occurred as well as the velocity of the vehicle. The vendor
will enlarge the license plate, so the police officers can determine the registered owner. Mr. Greenwood
displayed an example ora citation from the City of Fairfax. This citation is mailed to the registered owner
of the vehicle. The two boxes in the lower right hand corner display the photographic evidence of the
violation. Public notification is crucial in gaining support for the program. An increase in safety at the
expense of violators will be emphasized. Advanced news media will be used: television and print media.
VBTV programs, "In Touch ", "Newscan "and "Beach Clips" will be utilized. Pamphlets will be mailed to
all Virginia Beach residents with future utility bills.
Mr. Greenwood advised the Budgetary Impacts and Considerations. The Costs associated with this program
are divided into three categories: start-up costs, annual expenses and operational expenses.
November I O, 1998
-5-
CITY MANAGER'S BRIEFING
RED LIGHT CAMERA
ITEM # 44250 (Continued)
REVENUE GENERATED FROM PROGRAM
.4ssuming:
15 Tickets/day/cam
21,900 tkts/yr x 80%
17,529 tkts/yr x $50/tkt
= 21,900 tkts/yr
= 17,520 tkts/yr
= $ 876, O00/yr
20 tickets/day/cam
29,200 tkts/yr x 80%
23, 360 tkts/yr x $50/tkt
= 29,200 tkts/yr
= 23,360 tkts/yr
= $1,168,000/yr
30 tickets/day/cam
43,800 tkts/yr x 80%
35, 040 tkts/yr x $50/tkt
= 43,800 tkts/yr
= 35, 040 tkts/yr
= $1,752, O00/yr
FINANCIAL SUMMARY OF THE PROGRAM
Year 1 Year 2 Total
15 tickets day/cam
Revenue generated $ 876,000 $ 876,000 $ 1,752,000
'Start-Up' Costs $ (338,000) 0 $ (338,000)
Annual Expenses $ (175,000) $ (175,000) $ (350,000)
Operating Expenses $ (547.500) $ (574.500) $ (1,095,000)
Totals $ (184,500) $ 153,500 $ (31,000)
20 tickets/day/cam
Revenue generated $1,168,000 $1,168,000 $ 2,336,000
'Start-Up' Costs $ 038,000) 0 $ 038,000)
Annual Expenses $ (175,000) $ (175,000) $ (350,000)
Operating Expenses $ (730.000) $ (730.000) $(1,460,000)
Totals $ (75,000) $ 263,000 $ 188,000
30 tickets/day/cam
Revenue generated $1, 752,000 $1, 752,000 $3,504,000
'Start-Up' Costs $ 038,000) 0 $ (338,000)
Annual Expenses $ (175,000) $ (!75,000) $ (350,000)
Operating Expenses $(1,095,000) $(1.095.000) $(2.190.000)
Totals $144,000 $ 482,000 $ 626,000
November 10, 1998
CITY
-6-
MANAGER'S BRIEFING
RED LIGHT CAMERA
ITEM # 44250 (Continued)
BREAK-EVEN ANAL YSIS
Assuming the 'Sunset Clause' is not extended, and the 'Start-up' costs would be
amortized over 6years:
Annual Revenue (42 tkts x $50 x 80% x 365)
Start-up Costs ($338,000/6 yrs)
Annual Expenses (Cameras, Resources)
Operating Expenses (525 x 365 x 42 tkts)
Balance
613,2oo
(56,333)
a ooo)
(383,25ot
1,383
This program will break-even with 10 tickets/day/camera over 6years (Based on four cameras)
BREAK-EVEN ANAL YSlS
Assuming the program is not continued beyond 3 years, then 'Start-up' costs would be
amortized over 3 years:
Annual Revenue (53 tkts x $50 x 80% x 365)
Start-up Costs ($338,000/3 yrs)
Annual Expenses (Cameras, Resources)
Operating Expenses ($25 x 365 x 53 tkts)
Balance
773,800
(112,666)
(175,ooo)
(483,625~
2,509
This program will break-even with 13 tickets/day/camera over 3 years (based on four cameras).
The City of Fairfax experienced approximately 65 tickets a day per camera during the-first few months of
their program, however this has recently leveled off to approximately 20-30 tickets per day per camera.
The Public Works Department is prepared to include the red light camera program in the FY 1999-2000
CIP.
Richard Retting, advised the Insurance Institute for Highway Safety is a non-profit research organization
that is dedicated to making roads safer. Mr. Retting is a former Assistant Transportation Commissioner for
the City of New York, which installed the first red light camera enforcement program in the Country. The
Institute has carried out a research program over the last five years and investigated urban crashes. Urban
crashes are a very costly problem. One of the major findings, in 1982 and into the early 19905, was that red
light running and other traffic control violations are a significant cause of urban crashes. This is what has
led the Urban Institute to look very carefully at finding solutions to red light running. Approximately 22%
of all urban crashes involve driver's disregarding traffic control devices. Red light running crashes are
equal to head-on collisions in terms of being the most injurious. It is not just an annoyance, it is a very
serious public health problem. A national basis study completed last year estimated there are approximately
800 fatalities, 150,000 injuries and a total of 1/4-MILLION crashes caused by red light running. The
Institute then investigated characteristics of who these red light runners are to determine a better sense of
whether this is a wide spread problem or one associated with certain drivers. In Arlington, the most
distinguishing characteristics of red light runners is they are three times more likely than other drivers to
have multiple speeding convictions on their driving record. Clearly, the red light running population is a
more aggressive group of drivers, one that has been ticketed in the past repeatedly for speeding and simply
does not get the point. Probably, they perceive little chance of getting caught for running a red light. Police
resources are limited and simply unable to keep up with the demand for traffic enforcement. The reliability
and accuracy of red light cameras was -first investigated in Arlington, Virginia. They were found to be
extremely accurate and reliable and have since evaluated their effect on red light running in two cities:
Oxnard, California, and Fairfax, Virginia. Mr. Retting displayed slides indicating examples in Fairfax and
California. The photograph is somewhat different in California as they photograph the front of the vehicle
and issue a moving violation. In Virginia and other East Coast states, the photograph is from the rear.
States in the West have opted to make this a significant violation. It is a $275 fine in California for a moving
violation whether issued by a Police Officer or a camera.
November 10, 1998
-7-
CITY MANAGER'S BRIEFING
RED LIGHT CAMERA
ITEM # 44250 (Continued)
Since the inception of the two programs in Fairfax, Virginia and Oxnard, California, there has been a 40%
decrease in the rate of violations per 10, 000 vehicles. The Institute also reviewed intersections throughout
the City that did not have cameras. There have been very robust changes in driver behavior within months
of red light enforcement going into effect. The studies show that approximately 84 % of the Fair. fax residents
and 79% of the Oxnard residents favor the utilization of red light cameras. The 10% strongly opposed to
red light cameras are probably the same 10% that are strongly opposed to gun laws and other public health
and safety measures.
Oxnard has a rail system through it, but Mr. Retting is not aware whether this would be considered a light
rail system. Los Angeles has an extension program of light rail enforcement utilizing the same red light
cameras but reconftgured for their grade crossing. Mr. Retting advised there has been a dramatic reduction
in the number of crashes and violations in Los Angeles to the point where there are almost none now. There
used to be a large number offatalities at grade crossings with the light rail system in Los Angeles. They have
virtually been eliminated.
Relative leased vehicles, Mr. Greenwood stated the State of Virginia allows that ifa vehicle owner, or the
person issued the ticket, is not the driver at the time of the violation, they can write an affidavit and be
released of the ticket. Relative funeral processions, Mr. Retting advised it is extremely rare that a funeral
procession would be captured by the camera as the speeds typically are profiled differently than red light
runners. These systems are speed sensitive and would be designed in general to not be triggered by vehicles
going slowly. Funeral processions invariably go slow. In the event, one of the vehicles is going fast enough
to trigger the system, the photographs will reflect that this was a funeral procession.
It is recommended that the program be bid as a "turn key" operation utilizing a contract arrangement. The
freed costs ($338,000) are recommended to be funded through the C. LP. and a special revenue operating
budget be created with an initial appropriation of $1,270,000. This level of funding will provide four red
light cameras and equip four intersections with 16 cabinet housing units (one cabinet for each approach).
This initial appropriation will also provide for the operating expenses to the vendor for processing 30
tickets/day/camera plus the annual expenses.
Mr. Warnstaff will respond to City Council's inquires relative costs entailed from other localities of this red
light camera system, as well as the number of involved intersections. If City Council deems this to be an
appropriate project for the City, it will be included as apart of City Council's consideration of next year's
Operating Budget and Capital Budget. If approved by City Council along with the City's other programs
and after July 1 of next Summer, the City would begin the process by going out with an RFP to obtain a
vendor to implement that program. The earliest possible date of implementation would be February 2000.
Mr. Warnstaff recommended City Council approve an ordinance to amend and reordain Chapter 21 of the
Code to provide the legal framework to implement this type of automated enforcement system. Ifa certain
number of violations per camera can be achieved per day, this program will be revenue neutral, there will
be no cost to the City. There will be sufficient revenue coming in from the fines to offset the system cost. This
would be one of the goals to make same revenue-neutral.
John Herzke, City Engineer, advised the signals on Virginia Boulevard and Independence Boulevard are
connected to the central computer and coordinated. Mr. Herzke advised the staff is investigating the need
to upgrade the signal computer program in general. This was established in the early 1980s and the
components have been upgraded throughout the years; however, a system upgrade is needed.
Councilman Jones suggested caution relative funeral processions. The ordinance should contain
amendments protecting funeral processions. The ordinance should contain a provision the Police
department provide a Police escort for every funeral procession in the City.
November 10, 1998
CITY
-8-
MANAGER'S BRIEFING
WILD HORSES
12:05 P.M.
ITEM # 44251
Louis E. Cullipher, Director - Agriculture, advised the Sandbridge community is experiencing a significant
'increase in the number of wild horses migrating into the City from the WiM Horse Sanctuary in Currituck
County, North Carolina. These horses are believed to be descendants of Spanish Mustangs that survived
shipwrecks or were abandoned on barrier islands more than 400 years ago. The numbers have dwindled
from about 200fifteen years ago to about 40 today. Unfortunately, steps were not immediately taken to
protect the first group of horses entering Sandbridge through the Back Bay National Wildlife Refuge. In
1997, five of the six horses were captured and, allegedly, disposed of in a less than humane manner. The
remaining horse was struck by a car and had to be euthanized by the City's Animal Control.
In an effort to protect other horses entering the City from the Refuge, the Sandbridge Civic League and the
Tidewater Western Riders Association collaborated to develop a short-term solution that would protect the
endangered horses and insure their safe return to their sanctuary in North Carolina. This year ten horses
have been corralled and safely returned to North Carolina. Officials form Currituck County, Federal and
State Wildlife Mangers, Sandbridge Civic League, wildlife and horse advocate organizations all appear to
be satisfied with this short term solution. The City's Police and Animal Control have provided assistance.
A team, consisting of representatives from: Currituck County, North Carolina, Sandbridge Civic League,
Back Bay National Wildlife Refuge, Mackay Island/Currituck National Wildlife Refuge, False Cape State
Park, Outer Banks Conservationists, Tidewater Western Riders Association, Virginia Beach Police
Department, Animal Control, City Attorney, Parks and Recreation and a local Veterinarian, have been
working since February 1998 to address both short and long term solutions. The long range solution will
focus on minimizing the chance of horses entering the Sandbridge area. It is recommended that Tidewater
Western Riders Association be contracted to provide the service of corralling the horses when they enter
the Sandbridge area and transporting them back to the Wild Horse Sanctuary in North Carolina. This will
relieve Animal Control of having to acquire special equipment and devote resources to this activity. This will
allow them to focus more on traditional services. To minimize risk to the City, the Tidewater Western Riders
Association will provide liability insurance. The cost of one-half million dollars ($0.534) of combined single
aggregate insurance is $2000/yr. It is estimated that equipment, such as fencing ropes, halters, animal
medical supplies, etc, will cost $1,000. The total cost is estimated to be $3000. The "one time" cost of
fencing is estimated to be $800. In years 2 thru 5 and succeeding years, the cost is estimated to be $2200.
The preferred process is to have the funds assigned to the Police Department Animal Control Division.
However, other options, such as grants or the traditional budgetary process, are available. It is
recommended the City enter into an agreement with the Tidewater Western Riders Association to perform
the service of capturing the wiM horses and returning them to the WiM Horse Sanctuary in Currituck, North
Carolina, and adopt an Ordinance to amend the City Code by adding sections pertaining to protection of
wiM horses.
Mr. Cullipher advised one of the objectives of the long term solution is to make an inventory and health
assessment of the herd
November 10, 1998
-9-
SIGN AND CHESAPEAKE B~4 Y ORDINANCE AMENDMENTS
12:23 P.M.
ITEM # 44252
Relative the Sign and Chesapeake Bay Ordinance ~4mendments, these will be considered by the Planning
Commission on November 12, 1998. These amendments entail introduction of the use of civil penalties. One
specifically relates to sign violations which have been urged by the Shore Drive Advisory Committee.
However, this proposal would affect the entire City and not just be limited to Shore Drive. The second
portion would entail various Chesapeake Bay violations. The Chesapeake Bay Preservation Board urged
these amendments. These matters are meant as an alternative to traditional judicial methods dealing with
violations to the ordinances. The goal is greater compliance with the law. Presently this method of civil
penalties is being utilized through the Wetlands Board. The Wetlands Board is empowered to impose civil
penalties.
Mr. Scott cited an example relative the Chesapeake Bay issue, an individual is placing fill where it is
inappropriate to place same as in a flood plain or resource protection area. An inspector would be sent to
investigate. A stop work Order would be issued on the site to be assured no further degradation took place.
Then, the approach of civil penalties would be considered to be used if the violation was a substantial
violation. ,4 "show cause" Hearing would then be scheduled with the individual who would have an
opportunity to come before the Chesapeake Bay Preservation Board and offer an explanation, perhaps offer
to make restitution and clean up the site. The Board would have the opportunity to assess a civil charge
against the person involved and that charge could be up to $10,000. The staff would offer guidance to the
Board in terms of trying to get the magnitude of the penalty lined up with the magnitude of the offense. The
violator does not need to accept that if he desires to go to Court. The Ordinance relative signs affect only
those on public property, not private property. If an individual is persistent in erecting a sign on his
property advertising his business and this is inappropriately placed, greater in size than allowed by the City
Code, this approach can be utilized. This approach does not affect non-conforming signs or billboards as
there are other methods defined in State law which involve non-conforming signs and billboards. Thepenalty
for the first violation would be $100 and $1$O for each subsequent violation. On Shore Drive, there are
approximately three to five businessmen who are repeat offenders during the Summer season.
Assistant City Attorney Vanessa Valledejuli advised the Wetlands Board's highest violation fee has been
$10,000. Relative the sign ordinance, every ten days, the City can cite the individual again if the violation
continues, up to $3,000 in civil penalties.
Mr. Scott advised relative all the signs i.e. yard sales, lose weight, these are a cousin to this sign ordinance.
The most appropriate way to control this has been to make a sweep of the City, preferably on a weekend,
and remove them. Another way to address same would be to track down the individual who posted the signs.
Many of these businesses are strictly 'fly-by-night" organizations.
Council Lady Eure advised she is a one woman army against signs in Kempsville as she had taken down
many signs during the last few weeks. She had discussed this problem with the City Manager and Andrew
Friedman. Council Lady Eure suggested, and hoped, in February, through the Reside With Pride Program,
community groups would be enlisted with one Saturday set aside where members of the Community would
remove the signs.
November 10, 1998
-10-
A GEND~4 RE VIE W SESSION
12:40 P.M.
ITEM # 44253
Ordinance to AMEND Ordinance #98-2506Bre
appropriated funds to CIP #1-212, Elementary School
Modernization Program.
Mayor Oberndorf advised Robert C. Spadaccini, Chairman - School Board, advised selection of two
members of the School Board to serve on a Committee for the evaluation of the School Modernization.
Mayor Oberndorf requested Council Members Linwood O. Branch, III and Margaret L. Eure, serve. Mayor
Oberndorf would like to establish a way for the pubHc to make their recommendations, but she did not wish
to expand this committee other than the City Council and School Board Members. The Mayor has heard from
an Elementary School Principal who does not feel anything shouM be removed, especially the aesthetics,
-from the proposal.
Councilman Jones inquired relative the duties of the Committee. The Mayor advised it would be to take a
look at the projects, prioritize them and establish a financial plan.
Vice Mayor Sessoms also requested the Committee examine all options at a less tax increase.
Councilman Branch is serving on the Governor's Commission on Local School Construction. The
Commission will study the issue of local school construction needs, alternative methods to address local
needs and.funding sources. Councilman Branch advised, as told by Senator Walker, there is a $300-600-
MILLION surplus in Richmond this year. It is going to be interesting to see if the State does provide funding
and the problem can be solved in this manner.
Vice Mayor Sessoms advised the interest rates are a positive and he believes the State would come through
with additional funding.
Mayor Oberndorf referenced New Kent County's Re,ferendum on schools also lost.
ITEM # 44254
Ordinance to .4PPROPRL4TE $1,633,359 -from the
General Fund Balance and $104,346 from the Water
and Sewer Fund Retained Earnings re the Gainsharing
Program.
Council Lady McClanan will vote a VERBAL NAY.
ITEM # 44255
Ordinance re award of leases of portions of City property for
construction, maintenance and operation of wireless
telecommunications facilities:
b. 1848 Pleasant Ridge Road NEXTEL COMMUNIC~4TIONS
(DISTRICT 7- PRINCESS ANNE)
Assistant City Attorney William Macali requested DEFERRAL until the City Council Session of November
24, 1998, as he had been contacted by a representative of Nextel. Nextel requested clarification of the access
provisions.
Council Lady Henley inquired if there are protections relative a possible conflict with the police tower.
Assistant City Attorney Macali advised there are provisions in the lease which provide cease of operations
if it did interfere with the police system.
November 10, 1998
-11-
AGENDA RE VIE W SESSION
ITEM # 44256
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
RESOLUTIONS
Resolution to support legislation designating real and
personal property owned by Vetshouse, Inc., as being
EXEMPT from state and local real and personal
property taxation:
Real property assessed value $233,012
Personal property assessed value $500
1998-1999 taxes $2,842. 76
1998-1999 taxes $18.50
Resolution re membership of Surry County in the Hampton
Roads Partnership; and, its recognition as part of the Hampton
Roads Region.
ORDINANCES
Ordinance to AMEND Ordinance #98-2506B re appropriated
funds to CIP #1-212, Elementary School Modernization
Program.
Ordinance to APPROPRIATE $644,917 from the Tourism
Advertising Program (TAP) Fund to the FY 1998-1999
Operating Budget of the Department of Convention and Visitor
Development re TAP expansion.
Ordinance to APPROPRIATE $1,633,359 from the General
Fund Balance and #104,346from the Water and Sewer Fund
Retained Earnings re the Gainsharing Program.
Ordinances re award of leases of portions of City property for
construction, maintenance and operation of wireless
telecommunications facilities:
a. 5023 Providence Road SPRINTCOM, INC.
(DISTRICT 2 - KEMPSVILLE)
b. 1848 Pleasant Ridge Road NEXTEL COMMUNICATIONS
(DISTRICT 7 - PRINCESS ANNE)
J. 5. Certificate of Public Convenience and Necessity:
TOP HAT LIMOUSINES
J. 6. License Refunds:
$19,857.29
Council Lady McClanan will vote a VERBAL NAY on Item J. 3.
Item J. 4. b. will be DEFERRED, BY CONSENT, until the City Council Session of November 24, 1998.
November 10, 1998
- 12-
AGENDA RE VIE W SESSION
ITEM # 44257
Application of ASSOCIATION FOR RESEARCH &
ENLIGHTENMENT, INC., for an enlargement of a
nonconforming use at the Northwest corner of Atlantic
Avenue and 67~n Street to enlarge existing facilities
(L YNNHA VEN- DISTRICT 5).
Councilman Harrison requested this item be DEFERRED until the City Council Session of November 24,
1998. Councilman Harrison advised both the Civic League and the applicant have reached an agreement;
however, some residents of 68tn Street are not in agreement with the broad based compromise achieved by
the North End Civic League and the applicant.
ITEM # 44258
Application of A CTORS AND ENTER TAINERS, INC.,
for a Conditional Use Permit for a private club on the
East side of Newtown Road, 250feet more or less North
of Virginia Beach Boulevard (470 Newtown Road),
containing 1.305 acres (DISTRICT 2 - KEMPSVILLE
The applicant has requested a 30-day deferral This item will be discussed during the Formal Session.
ITEM # 44259
Application of SEAN K. FORSYTH and JOSEPH
HAWA for a Change of Zoning District
Classification from Conditional B-1 Neighborhood
Business District and Conditional AG-1 Agricultural
District to I-1 Light Industrial District on the West
side of Birdneck Road 840feet more or less North of
Bells Road, containing 9.59 acres (DISTRICT 6 -
BEACH).
Mayor Oberndorf expressed concern relative opposition of Seatack residents to this application. Mayor
Oberndorf will vote a VERBAL NAY on this item.
ITEM # 44260
K. 8.
Application of THE DR,4GAS COMPANIES, a
Virginia Corporation, for a Change of Zoning District
Classification from R-10 Residential District to
Conditional A-12 Apartment District on the West side of
Salem Road 820feet more or less South of Lynnhaven
Parkway, containing 15.077 acres (DISTRICT 1 -
CENTER VILLE).
This item will be discussed during the Formal Session.
ITEM # 44261
B Y CONSENSUS, the following items shall compose the PLANNING B Y CONSENTAGENDA:
Ordinance in the Petition of 0 & R, INC., a Virginia
Corporation, for the discontinuance, closure and
abandonment of a portion of Powhatan Avenue,
beginning on the West side of Powhatan Avenue and
running between Lots 1 through 4, Block 40 and Lots 6
through 14, Block 46 of Ocean Park, containing 35,594
square feet (DISTRICT 4 - BA YSIDE)
November 10, 1998
-13-
AGENDA RE VIE W SESSION
ITEM # 44261 (Continued)
Application of ASSOCIATION FOR RESEARCH &
ENLIGHTENMENT, INC., for an enlargement of a
nonconforming use at the Northwest corner of Atlantic
Avenue and 67~h Street to enlarge existing facilities
(L YNNHA VEN - DISTRICT 5).
Application of VIRGINIA BEACH FREE WILL
BAPTIST CHURCH for a Conditional Use Permit for
a church (expansion) at the Southeast intersection of
South Witchduck Road and Grayson Road (210
Witchduck Road), containing 2 acres (DISTRICT 2 -
KEMPSVILLE).
Application of DEMETRIOUS T. KOULOUKIS for a
Conditional Use Permit for motor vehicle sales at the
Southwest intersection of Virginia Beach Boulevard and
Dorset Avenue, containing 22,977 square feet
(DISTRICT 2 - KEMPSVILLE).
Application of SEAN K. FORSFTH and JOSEPH
HAWA for a Change qf Zoning District
Classification from Conditional B-1 Neighborhood
Business District and Conditional AG-1 Agricultural
District to I-1 Light Industrial District on the West
side of Birdneck Road 840feet more or less North of
Bells Road, containing 9.59 acres (DISTRICT 6 -
BEACH).
K. 7.
Application of DANIEL PENDAR VIS III and DALE
H. PENDARVIS for a Change of Zoning District
Classification from R-20 Residential District to R-15
ResidentiM District on the East side of Green Hill Road,
South of Duke of Norfolk Quay (1725 Green Hill Road),
containing ]9,994.04 square feet (DISTRICT 5 -
L YNNHA VEN).
Item K. 1. will be AUTHORIZED FOR FINAL APPROVAL, BY CONSENT.
Item K. 2. will be DEFERRED, BY CONSENT, until the City Council Session of November 24, 1998.
Mayor Oberndorf will vote a VERBAL NAY on Item K. 6.
November 10, 1998
- 14-
CITY COUNCIL CONCERNS
12:55 P.M.
ITEM # 44262
Council Lady Parker referenced the DRAFT proposal for improving the lines of communication between
the Council and the School Board. This was established by Council Members Parker and Branch and
School Board Members Nancy Guy and Arthur Tate. Said information is hereby made apart of the record.
ITEM # 44263
Council Lady Eure apologized for arriving late as she was at the hospital with her husband who was
undergoing cataract surgery, which was highly successful.
ITEM # 44264
Mayor Oberndorf referenced the proposed Boards and Commission Policy.
The City Manager advised the BOARDS AND COMMISSIONS REVIEW PROCESS AND POLICY was
presented to City Council during the Session of September 22, 1998. The City Manager- James K. Spore,
City Attorney - Leslie L. Lille)/, Assistant City Attorney Randy Blow, Assistant to the City Manager - Robert
Matthias and the City Clerk - Ruth Hodges Smith, had met to develop a recommended procedure
Councilman Branch inquired relative the Regional Boards.
Vice Mayor Sessoms inquired relative the establishment of a Beach and Waterways Commission. The City
Manager advised this Commission will be the first to be reviewed.
Mayor Oberndorf requested Council resume the previous practice to have Boards and Commissions brief
on their activities during the Workshops on the Third Tuesday.
ITEM # 44265
Mayor Oberndorf spoke with two of the Council Members in Chesapeake. Mayor Oberndorf advised
correspondence had been received from Mayor Ward requesting the establishment ora date for Chesapeake
and the Virginia Beach City Councils to meet relative the Southeastern Parkway and Greenbelt.
Mayor Oberndorf requested the City Manager contact John L. Pazour, Chesapeake City Manger, and
prepare a selection of dates and an agenda.
November 10, 1998
- 15-
ITEM # 44266
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, November 10, 1998, at
1.'05 P.M.
Council Members Present:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba $. McClanan, Mayor
Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Absent:
Harold Heischober
November 10, 1998
-16-
I~EM # 44267
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion or consideration of or interviews of
prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2.1-344 (A) (1).
To Wit:
Community Services Board
Francis Land House Board of Governors
Historical Review Board
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real propertyfor public purpose, or of the
disposition of publicly-held property, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A)(3).
To- Wit:
Disposal of Real Property
Town of Jarratt (Lake Gaston ProjecO
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Mo, era E.
Oberndor)5, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A.
M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
November 10, 1998
-17-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
November 10, 1998
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, November 10, 1998, at 2:00 P.M.
Council Members Present:
Margaret L. Eure, Linwood O. Branch, III, William W. Harrison,
Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor
William D. Sessoms and A. M. "Don" Weeks
Council Members Absent:
Harold Heischober
[ILL - WORKED POLLS NOVEMBER 3, 1998
IN THE RAIN ALL DA Y]
INVOCATION: The Reverend Russell Burchard
Galilee Episcopal Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank disclosed there were no matters on the
agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as
an officer of Wachovia Bank. The Vice Mayor regularly makes this Disclosure as he may not know of the
Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January
1, 1998, is hereby made a part of the record.
November 10, 1998
- 18-
Item V-E.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 44268
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to which
this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara 34. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera
E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
HaroM Heischober
November I O, 1998
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 44267, Page 16, 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 Executive 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 Executive Session
to which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Executive Session were heard, discussed or considered by
Virginia Beach City Council.
l~dth Hodges ~mith, CMC/AAE
City Clerk
November 10, 1998
- 19-
Item V-F. 1.
MINUTES
ITEM # 44269
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of October 27, 1998.
Voting: 10-0
Council Members Voting Aye:
Linwood 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, Vice Mayor William D. Sessoms, Jr.
and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
November 10, 1998
- 20-
Item VI-G.I.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 44270
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
November 10, 1998
- 21 -
Item V-H.1.
PUBLIC HEARING
ITEM # 44271
Mayor Oberndorf DECl_~4RED A PUBIC HEARING:
VETSHOUSE, INC.
PROPOSED REAL AND PERSONAL PROPERTY TAX EXEMPTION
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
November 10, 1998
- 22-
Item V-I./J.
RES OL UTIONS/ORDINANCES
ITEM it 44272
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED IN ONE
MOTION, Resolutions 1 and 2 and Ordinances 1, 2, 3, 4 a., 4 b. (Deferred 11/24/98), 5 and 6 of the
CONSENT A GENDA.
Item 4b was DEFERRED, BY CONSENE, until the City Council Session of November 24, 1998.
Voting: 10-0
Council Members Voting Aye:
Linwood 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, Vice Mayor William D. Sessoms, Jr.
and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
HaroM Heischober
Council Lady McClanan voted a VERBAL NAY on Item J. 3..
November 10, 1998
- 23 -
Item ~J. 1.
RES OL UTI ONS/ORD INAN CES
ITEM # 44273
Upon motion by Vice Mayor Sessorns, seconded by Councilman Jones, City Council ADOPTED:
Resolution to support legislation designating real and
personal property owned by Vetshouse, Inc., as being EXEMPT
from state and local real and personal property taxation:
Real property assessed value $233,012 1998-1999 taxes $2,842.76
Personal property assessed value $500 1998-1999 taxes $18.50
Voting:
10-0 (By ConsenO
Council Members Voting .dye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba $. McClanan, Mayor Meyera
E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
HaroM Heischober
November 10, 1998
1
2
3
4
A RESOLUTION SUPPORTING LEGISLATION WHICH WILL
DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY
VETSHOUSE, INC., AS BEING EXEMPT FROM STATE AND
LOCAL REALAND PERSONAL PROPERTY TAXATION
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11
12
13I
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15
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17
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19
20
21
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23
24
25
26
27
28
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30
WHEREAS, Vetshouse, Inc., owns property located in the City of
Virginia Beach subject to ad valorem taxation;
WHEREAS, Vetshouse, Inc., has requested the Council of the
City of Virginia Beach to adopt a resolution in support of its
request that the General Assembly act in accordance with Article X,
§ 6(a) (6) of the Constitution of Virginia to designate the real and
personal property of Vetshouse, Inc., as being exempt from state
and local real and personal property taxation;
WHEREAS, Vetshouse, Inc., owns personal property in the City
of Virginia Beach with an assessed value of $500 in tax year 1998-
99, and the taxes on this personal property will be $18.50;
WHEREAS, Vetshouse, Inc., also owns real property in the City
of Virginia Beach assessed at $233,012 in tax year 1998-99, and the
taxes on this real property will be $2,842.76;
WHEREAS, pursuant to § 30-19.04 (B) of the Code of Virginia,
the Council of the City of Virginia Beach has properly advertised
and conducted a public hearing prior to the adoption of this
resolution, giving all citizens an opportunity to be heard;
WHEREAS, the provisions of § 30-19.04(B) of the Code of
Virginia have been examined and considered by the Council of the
City of Virginia Beach; and
WHEREAS, the Council of the City of Virginia Beach is of the
opinion that Vetshouse, Inc., should be designated a benevolent
organization within the context of § 6(a) (6) of Article X of the
Constitution of Virginia and that real and personal property
located in the City of Virginia Beach owned by Vetshouse, Inc., and
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37
38
39
40
41
42
used by it exclusively for benevolent purposes on a nonprofit basis
should be exempt from state and local real and personal property
taxation.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the Council of the City of Virginia Beach supports the
enactment of legislation desi~natin~ Vetshouse, Inc., as a
benevolent organization within the context of § 6(a) (6) of Article
X of the Constitution of Virginia and exemptin9 from state and
local property taxation all real and personal property owned by
Vetshouse, Inc., that is located within the City of Virginia Beach
and used exclusively for benevolent purposes on a nonprofit basis.
43
44
Adopted by the Council of the City of Virginia
Virginia, on the 10 day of November , 1998.
Beach,
45
46
47
48
49
50
51
52
53
CA-7165
ORDIN\NONCODE\VETSHOUS.RES
10/26/98
R2
APPROVED AS TO LEGAL
SUFFICIENCY:
Department of Law
- 24 -
Item V-I.2.
RESOL UTIONS/ORDINANCES
ITEM # 442 74
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Resolution re membership of Surry County in the Hampton Roads
Partnership; and, its recognition as part of the Hampton Roads Region.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Linwood 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, Vice Mayor William D. Sessoms, Jr.
and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
HaroM Heischober
November 10, 1998
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A RESOLUTION CONSENTING TO THE
ADMISSION OF SURRY COUNTY TO THE
HAMPTON ROADS PARTNERSHIP
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WHEREAS, the Hampton Roads Partnership (the Partnership)
is a Virginia non-profit, non-stock corporation comprised of
representatives from the public, business, education, civic, and
military communities;
WHEREAS, the Partnership's mission is to enhance regional
cooperation and improve economic competitiveness in the Hampton
Roads Region, which is currently defined as the Cities of Norfolk,
Virginia Beach, Portsmouth, Chesapeake, Suffolk, Newport News,
Hampton, Franklin, Poquoson and Williamsburg; the Counties of
Gloucester, Isle of Wight, James City, Southampton and York; and
the Town of Smithfield;
WHEREAS, Surry County is economically linked to the
Hampton Roads Region, sharing labor and consumer markets;
WHEREAS, Surry County joined the Hampton Roads Planning
District Commission (HRPDC), effective July 1, 1998, and is
currently the only HRPDC member not also a member of the Hampton
Roads Partnership;
WHEREAS, Surry County has formally requested to become a
member of the Hampton Roads Partnership;
WHEREAS, Surry County proposes to divide its population,
for Regional Competitiveness Program purposes, between the Hampton
Roads Partnership (census tract 8601.00 -- approximate population
2,872) and the Crater Regional Partnership (census tract 8602.00 --
approximate population 3,273); and
WHEREAS, on September 4, 1998, the Executive Committee of
the Hampton Roads Partnership approved Surry County's request
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subject to ratification by the Partnership's member City Councils
and County Boards of Supervisors.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That City Council hereby consents to the admission
of Surry County (Census Tract 8601.00) to the Hampton Roads
Partnership; and
2. That City Council hereby recommends that Surry
County, as defined above, be recognized as part of the Hampton
Roads Region.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 10 day of November , 1998.
CA-7180
ORDIN~NONCODE~SURRY.RES
R-3
NOVEMBER 4, 1998
APPROVED AS TO CONTENT:
City Manager's Office
APPROVED AS TO LEGAL
SUFFICIENCY:
Department of Law
*The C, ouolrie il selfs. I taus1
confessa is a ve~ pleasant land,
r~ch in commodities;
and remic in soyle...'
.Samuel Argall, ca, ! 609
August 25, 1998
TERRY D. LEWIS
County Administratox
Telephone: ('157) 294.5271
Fax: (757) 294-5204
Mr. James L. Eason, President
Hampton Roads Partnerslfip
430 World Trade Center
Norfolk, Virginia 23510
Dear Mr. Eason: :
Please accept this letter as the formal request of Suny County for membership in the
Hampton Roads Regional Partnership. As you know, Surry County was accepted as a member of
the Hampton .Roads Regional Planning District Commission. Because of the geographic and
economic relationships and other communities of interest Surry shares with Hampton Roads localities,
the county would also like to be a member of the Hampton Roads Partnership.
Eco_nomically, Surry provides a number of this region's exceptionally well-paying jobs for
workers who reside in Hampton Roads communities. Conversely, a number of Surry residents
commute I0 jobs in Hampton Roads localities, however, many of them hold traditional low wage
positions in the tourist related businesses of Hampton Roads. Although the majority of Surry work
commuters commute to jobs in Hampton Roads, Surry numerically is a net producer of jobs because
th~r~ are mor~ Hampton Roads workers commutin8 to Surry for jobs than there are Surry workers
who commute from Surry to jobs in Hampton Roads. Also, most of Surry County's shopping and
entertainment dollars and taxes are spent in Hampton Roads communities since there are limited
shopping or entertainment opportunities in Surry.
Geogr~hically, Surry shares boundaries with the Hampton Roads Partnership communities
of James City, Isle of Wight and Southampton Counties. Development in the county is affected by
activities in Hampton Roads more so than development in communities of the Crater Planning
District Commission or the Richmond metro area. Transportation issues involving the improvement
of V'ugim'a Route 10, the Jamestown-Scotland Ferry, the improvement ofU. S. Route 460 and long
term planning for regional air service affect Surry and Surry has worked diligently with sister
Hampton Roads communities toward improvement of these and other transportation facilities.
We believe that Surry and the other communities of Hampton Roads can greatly benefit from
Surry's participation with other Hampton Roads communities in strengthening the economy of this
area. Jobs that are created in Surry certainly will benefit residents of other Hampton Roads
communities since many of these jobs will in all likelihood be filled by in-commuters from Hampton
Roads communities.
"Surry is Something Special"
Mr. lames L. Eason
Page two
Again, because of proximity and history, tourism in Surry is closely related to tourist activities
in other Ham~on Roads communities particularly those associated with the Yorktown, Samestown
Williamsburg Triangle. Surry County has attractions that are related to the Colonial era:
The Rolfe Warren House was constructed as the home for Pocahontas
upon her return fi.om England.
Bacon's Castle was home to Nathaniel Bacon, who in 1676 led a revolt
against British rule.
Hog l~land Game Reserve was established as the refuge for keeping the
domestic animals of the settlers at Jamestown.
Smith's Fort was established to help protect Jamestown from Indian raids.
The Scotland-Jamestown Ferry provides a unique experience for tourist
traveling across the James River.
We firmly believe that any enhancement of tourist attractions in Surry that entice a tourist to
remain in this area for a day or more will benefit Hampton Roads communities since those tourist
in all likelihood will spend the night and purchase meals and other conveniences in Hampton Roads
communities.
Because Surry has retained membership in the Crater Planning District, it would also like to
be a member of both the Crater Regional Partnership and the Hampton Roads Regional Partnership.
I am including a map that shows the division of Surry into two areas in accordance with 1980 census
tracts. Census tract 8601.00 containing 2,872 people would be allocated to Hampton Roads
Regional Partnership and census tract 8602.00 which is located on the south side of Virginia Route
10 with its 3,273 people would be allocated to the Crater Regional Partnership. I have discussed this
arrangement with Mr. Denny Morris of the Crater Regional Planning District and the Crater
Regional Partnership. The allocations as proposed are acceptable to him.
I am looking forward to hearing from you.
need additional information.
TDL/jmk
Enclosure
cc: Mr. Denny Morris
Please advise me if you have any guestions or
Very truly yours, -
Co. Chairmen
Mr. David R. Goode
Mr. John O. Wynne
HAMPTON
ROAD S
PARTN E RS H I P
October 9, 1998
The Honorable Meyera E. Obemdorf
Mayor
City of Virginia Beach
Municipal Center
Virginia Beach, Virginia 23456
Dear Ma~rfi
This transmits a request by Surry County to join the Hampton Roads Partnership.
As further explained in the attached letter, Surry is seeking membership in the Partnership
because of the "geographic and economic relationships and other communities of interest
Surry shares with the Hampton Roads localities".
Since July 1998, Surry County has been a member of the Hampton Roads
Planning-District Commission (HRPDC). In fact, Surry is the only member of the
HRPDC that is not yet a member of the Hampton Roads Partnership. Moreover, it is
difficuli~'to see any material negatives to admitting Surry into the Partnership.
Consequently, in its September 4, 1998 meeting, the HRP Executive Committee
approved Surry's request ?ubject to ratification by the Partner~hip's member City
Councils and County Boards of Supervisors.
Please find enclosed a draft Resolution for your consideration. In order to
provide a prompt response to this request for membership, we ask that you act on the
Resolution by November 15, 1998. If you have any questions regarding this issue, please
call me or Robert Sharak, Director of Special Projects, at 625-4696. With best regards, I
Sincerely,
President & CEO
Enclosures
c: Mr. James K. Spore
430 World Trade Center I Norfolk, VA 23510 I 757.625.4696 I Fax 757.625.4684
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Item V-J. 1.
RESOLUTIONS~ORDINANCES
ITEM # 442 75
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Ordinance to AMEND Ordinance #98-2506B re appropriated funds to
CIP #1-212, Elementary School Modernization Program.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
Linwood 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, Vice Mayor William D. Sessoms, Jr.
and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
November 10, 1998
AN ORDINANCE TO AMEND
ORDINANCE #98-2506B, WHICH
APPROPRIATED FUNDS TO
CAPITAL IMPROVEMENT PROJECT
#1-212, ELEMENTARY SCHOOL
MODERNIZATION PROGRAM, BY
DEFERRING ITS EFFECTIVE DATE
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WHEREAS, on September 8, 1998, the City Council adopted
Ordinance #98-2506B, which appropriated $72,114,324 to Capital
Improvement Project # 1 - 212,
Program";
WHEREAS,
"Elementary School Modernization
it was anticipated that funding for this
appropriation would be provided in large part by referendum bonds
that required approval by the voters;
WHEREAS, the City Council conditioned its appropriation
of September 8, 1998 on approval by the voters of the referendum
bonds on November 3, 1998;
WHEREAS, the bond referendum was not approved by the
voters;
WHEREAS, the City Council and School Board are
establishing a joint committee to review and consider options for
a feasible renovation plan; and
WHEREAS, in accordance with the terms of Ordinance #98-
2506B, it is necessary for the City Council to defer the effective
date of that ordinance, so that the amounts appropriated, funding
sources, and project scope and timing may be re-evaluated and
modified as required.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That Ordinance 98-2506B is hereby amended and re-ordained
to change its effective date from November 12, 1998 to January 27,
1999.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 10 day of November , 1998.
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CA-7185
ORDIN~NONCODE~SCH-MOD.ORD
R-3
PREPARED: November 5, 1998
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
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Item V-J.2.
RESOL UTIONS/ORDINANCES
ITEM # 442 76
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Ordinance to APPROPRIATE $644,917from the Tourism Advertising
Program (TAP) Fund to the FY 1998-1999 Operating Budget of the
Department of Convention and Visitor Development re TAP expansion.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera
E. Oberndor~, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
November 10, 1998
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AN ORDINANCE TO APPROPRIATE FUNDS IN
THE AMOUNT OF $644,917 FROM THE FUND
BALANCE IN THE TOURISM ADVERTISING
PROGRAM FUND TO THE FY 1998-99
OPERATING BUDGET OF THE DEPARTMENT OF
CONVENTION AND VISITOR DEVELOPMENT
FOR THE PURPOSE OF EXPANDING THE
CITY'S TOURISM ADVERTISING PROGRAM
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WHEREAS, the Tourism and Advertising Fund was established
by the City Council to provide a consistent funding source to both
the City's tourism advertising program and the Visitor Information
Center;
WHEREAS, there is a need to expand the advertising
program, at a cost of $644,917, to provide support to programs such
as sports marketing initiatives, regional cooperative advertising
campaigns, and other new marketing initiatives; and
WHEREAS, there are sufficient funds available within the
fund balance of the Tourism Advertising Fund to provide the needed
$644,917 while maintaining other fund balance reserve policies.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That funds in the amount of $644,917 are hereby
appropriated from the fund balance in the Tourism Advertising
Program Fund to the FY 1998-99 Operating Budget of the Department
of Convention and Visitor Development for the purpose of expanding
the City's tourism advertising efforts.
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Requires an affirmative vote by a majority of the members of City
Counci 1.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 10 day of November , 1998.
CA-7169
ORDIN\NONCODE\TOURISMAD.ORD
R-1
PREPARED: OCTOBER 20, 1998
APPROVED AS TO CONTENT:
Management Services
APPROVED AS TO LEGAL
SUFFICIENCY:
Department of Law
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Item V-J. 3.
RES O L U TIO NS/O RD INAN CES
ITEM # 442 77
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Ordinance to APPROPRIATE $1,633,359 from the General Fund
Balance and $104,346 from the Water and Sewer Fund Retained
Earnings re the Gainsharing Program.
Voting: 9-1 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,
Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don"
Weeks
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Harold Heischober
November 10, 1998
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AN ORDINANCE TO APPROPRIATE FUNDS IN
THE AMOUNT OF $1,633,359 FROM THE
GENERAL FUND BALANCE AND $104,346 FROM
THE WATER AND SEWER FUND RETAINED
EARNINGS FOR THE GAINSHARING PROGRAM
WHEREAS, it is the desire of the City Council to continue
the Gainsharing Program for the employees of Virginia Beach, which will
allow employees to share in savings realized through organizational
improvements;
WHEREAS, there are sufficient funds available in the
General Fund Balance to continue the Gainsharing Program while
maintaining the policy level of funding in the Debt Service Reserve
Fund; and
WHEREAS, there are also sufficient funds available for this
purpose in Water and Sewer Fund Retained Earnings.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That funds in the amount of $1,633,359 and $104,346 are
hereby appropriated from the General Fund Balance and the Water and
Sewer Retained Earnings, respectively, for the Gainsharing Program.
2. That checks for Gainsharing savings shall be issued to
all eligible permanent and part-time employees on November 30, 1998,
in accordance with the City's Gainsharing Program.
Adopted by the Council of the City of Virginia
Virginia, on the 10 day of November , 1998.
members.
Beach,
Requires an affirmative vote by a majority of City Council
CA-7183
ORDIN~NONCODE~GAINSHAR. ORD
R-1
PREPARED: NOVEMBER 3, 1998
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
Dep'a~rtmen~ o~fLaw J
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Item V=J.4. a.
RES OL UTIONS/ORDINANCES
ITEM # 442 78
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Ordinance re award of leases
construction, maintenance
telecommunications facilities:
of portions of City property for
and operation of wireless
5023 Providence Road
(DISTRICT 2 - KEMPSVILLE)
SPRINTCOM, INC.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, HI, Margaret L. Eure, William W. Harrison, Jr.,
Barbara 34. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera
E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
November 10, 1998
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AN ORDINANCE TO AWARD A LEASE OF A
PORTION OF THE CITY PROPERTY LOCATED
AT 5023 PROVIDENCE ROAD, IN THE
KEMPSVILLE DISTRICT, TO SPRINTCOM,
INC., FOR THE PURPOSE OF
CONSTRUCTING, MAINTAINING AND
OPERATING WIRELESS
TELECOMMUNICATIONS FACILITIES
WHEREAS, the Clerk has laid before the City Council, at
its first regular session held after the completion of the
publication thereof, an ordinance adopted September 22, 1998,
entitled, "AN ORDINANCE TO PROVIDE FOR THE LEASE OF A PORTION OF
THE CITY PROPERTY LOCATED AT 5023 PROVIDENCE ROAD, IN THE
KEMPSVILLE DISTRICT, FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING
AND OPEP~ATING WIRELESS TELECOMMUNICATIONS FACILITIES," together
with a certificate of due publication of the same once per week for
four successive weeks in a newspaper of general circulation in the
City, in the manner prescribed by law; and
WHEREAS, SprintCom, Inc. has submitted the highest bid
for the award of such lease, which bid was delivered to the Mayor
in open session on the day and hour named in the advertisement and
was read aloud; and
WHEREAS, the Mayor then and there inquired for any
further bids, and none were submitted; and
WHEREAS, in the opinion of the City Council, it is
expedient and in the best interests of the City that the said lease
should be granted to SprintCom, Inc.;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That the bid of SprintCom, Inc. be, and hereby is,
accepted, and that the aforesaid lease be, and hereby is, awarded
to SprintCom, Inc., upon the conditions set forth in such lease.
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2. That the name of SprintCom. Inc. shall be inserted
in the aforesaid lease, and that the City Manager shall execute, on
behalf of the City, the attached lease entitled, "Antenna Lease
Agreement (Kempsville Water Tower), City of Virginia Beach, Lessor,
and SprintCom, Inc., Lessee."
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the lQ day of November , 1998.
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CA-98-7153
wmm~ordres~kempsto2.ord
R-2
October 30, 1998
APPROVEDA~O CONTENT:
Public Utilit~ Department
APPROVED AS TO LEGAL SUFFICIENCY:
Law Department
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Antenna Lease Agreement
(Kempsville Water Tower)
City of Virginia Beach, Lessor
and
SprintCom, Inc., Lessee
,199_
wmm\te!econunXkempstow, lse
TABLE OF CONTENTS
Leased Premises .......................................................................................................................... 1
Term ........................................................................................................................................... 1
Rent ............................................................................................................................................ 2
Security Deposit .......................................................................................................................... 3
Governmental Approval .............................................................................................................. 3
Use of Premises ........................................................................................................................... 4
Equipment Upgrade .................................................................................................................... 6
Interference ................................................................................................................................. 6
Termination ................................................................................................................................. 7
Cure by Lessor ............................................................................................................................ 8
Condemnation ............................................................................................................................. 8
Defense and Indemnification ........................................................................................................ 9
Insurance .................................................................................................................................. 10
Assignment and Sublease ........................................................................................................... 11
Notices ..................................................................................................................................... 11
Miscellaneous Provisions ........................................................................................................... 12
Tests and Constructions ............................................................................................................ 14
RF Compliance .......................................................................................................................... 14
Marking and Lighting Requirements .......................................................................................... 15
Waiver of Lessor's Lien ............................................................................................................ 15
Brokers ..................................................................................................................................... 15
Taxes ........................................................................................................................................ 15
LEASE AGREEMENT
THIS LEASE is made as of the __ day of ,199._, by and between the City of
Virginia Beach, a municipal corporation of the Commonwealth of Virginia and SpfintCom, Inc., a
Kansas Corporation, having its principal place of business in Virginia Beach, Virginia ("Lessee"),
WITNE S SETH:
WHEREAS, Lessor is the owner of a parcel of land (the "Owned Premises") situated in
the City of Virginia Beach, Virginia, legally described on the attached Exhibit A, on which a
municipal water tower (the "Water Tower") is located; and
WHEREAS, Lessee is a telecommunications carder, as defined in Section 3 of the
Communications Act of 1934 (47 U.S.C. § 153), and is licensed to provide personal wireless
telecommunications service to the general public within the City of Virginia Beach; and
WHEREAS, Lessee desires to lease space on the Water Tower, and to lease a portion of
the aforesaid parcel, for the purpose of constructing, operating and maintaining certain facilities
for the purpose of providing personal wireless telecommunications service to the general public;
NOW, THEREFORE, For good and valuable consideration, the parties do hereby agree as
follows:
1. Leased Premises. (a) Lessor leases to Lessee, and Lessee leases from
Lessor, space on the Water Tower for three sets of antenna arrays, at heights above ground level
of 141', 130' and 119', respectively, together with sufficient space on the Water Tower for
necessary appurtenances, for the purpose of constructing, maintaining and operating antennas,
connecting cables and appurtenances (collectively, the "Antenna Facilities"), as shown on the
attached Exhibit C, and a portion of the aforesaid parcel, together with easements for vehicular
and pedestrian access and the installation, maintenance and replacement of necessary utilities,
wiring, cables and other conduits, for the construction, maintenance and operation of an
Accessory Building housing equipment to be used in conjunction with the Antenna Facilities (the
"Ground Facilities"), as shown on the attached Exhibit C. The Antenna Facilities and Ground
Facilities shall collectively be referred to as the "Lessee Facilities," as shown on the attached
Exhibit .B (the "Leased Premises"). :
2. Term. The initial term of this Lease shall be ten (10) years, commencing on the
date of issuance of the building permit authorizing construction of the Lessee Facilities, or any
portion thereof (the "Commencement Date"), and ending on a date ten (10) years after the
Commencement Date (the "Initial Term"). At the option of Lessee, this Lease may be extended
for two (2) additional renewal periods of five (5) years each (the "Renewal Terms") on the same
terms and conditions as set forth herein. This Lease shall automatically be extended for each
successive Renewal Term unless Lessee notifies Lessor of its intention not to renew at least sixty
(60) days prior to commencement of the succeeding Renewal Term.
3. Rent. (a) Lessee shall pay to Lessor as rent for the Leased Premises the sum of
Thirty-Six Thousand and 00/100 Dollars ($36,000.00) per year. Rent for the first year of this
Lease shall be paid by the Commencement Date, and Rent for the remainder of the term shall be
paid annually in advance on each anniversary of the Commencement Date. Rent shall be
increased annually as described hereafter.
(b) The Rent shall be increased annually effective as of each anniversary of the
Commencement Date by an amount equal to the percentage increase in the CPI over the prior CPI
for the month twelve (12) months prior to the adjustment date, but not to exceed five per cent
(5%) in any year. "CPF' means the Consumer Price Index for All Urban Consumers, U.S. City
Average, All Items, issued by the Bureau of Labor Statistics for the United States Department of
Labor (1982-84 = 100). If the CPI is converted to a different standard reference base or
otherwise revised, the adjustment set forth in this paragraph shall be made with the use of the
conversion formula published by the Bureau of Labor Statistics.
(c) For each additional antenna installed by Lessee beyond the initial array depicted in
Exhibit C, Lessee shall pay an additional fee of Four Thousand and 00/100 Dollars ($4,000.00)
per year, prorated in the event such an antenna is installed on other than an anniversary of the
Commencement Date, which amount shall increase annually under the same terms provided
hereinabove and shall become part of the Rent. No such additional antennas not shown in Exhibit
C may be installed without the consent of Lessor, which consent shall not be unreasonably
withheld, delayed or conditioned.
(d) In addition to the amounts set forth in subparagraphs (b) and (c), Lessee shall also
pay to the Lessor, as Additional Rent, an amount equal to fifty per cent (50%) of any and all rents
charged under any sublease of all or a portion of the Leased Premises entered into by Lessee.
Lessee shall, upon reasonable request of Lessor, allow Lessor to inspect any such sublease.
(e) In accordance with requirements of Section 15.2-2101 of the Code of Virginia,
upon execution of this Lease by Lessee, Lessee shall reimburse Lessor for the cost of publishing
the advertisement for bids for the use of the Leased Premises.
(f) Lessee shall pay to Lessor all actual and reasonable increased costs of maintenance
of the Leased Premises directly attributable to Lessee's use and occupancy thereof within thirty
(30) days of presentation to Lessee of an itemized statement delineating such costs, accompanied
by reasonable documentation supporting such costs. In addition thereto, Lessee shall, within
thirty (30) days after the date of inspection approval of the Antenna Facilities, reimburse Lessor
for the actual and reasonable fees and costs, including actual and reasonable travel expenses,
charged to Lessor by Lessor's consulting engineer for review of plans and inspections of the
installation of the Antenna Facilities, including on-site meetings, not to exceed the sum of Six
Thousand Dollars ($6,000.00).
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(g) Lessee shall pay to Lessor a late payment charge equal to five percent (5%) of the
late payment for any payment not paid when due. Lessor shall provide Lessee with written notice
of non-receipt of any amounts due within five (5) days of the due date. Any amounts not paid
when due shall bear interest at the rate of one per cent (1%) per month from the date which is five
(5) days after the mailing of such notice until paid.
(h) Subject to the provisions of Paragraph 5(d) and Paragraph 9(b), in the event of
termination of this Lease, ail prepaid Rent shall be refunded to Lessee, without interest, within
sixty (60) days of the effective date of such termination.
4. Security Deposit. Upon commencement of this Lease, Lessee shall deposit
with Lessor the sum of Seven Thousand Dollars ($7,000), which shall be fully refunded to Lessee
upon the timely removal of the Lessee Facilities, and related equipment, and the repair and the
restoration of the Leased Premises in accordance with the terms of this Lease. If the Lessee
Facilities and related equipment are not removed to the reasonable satisfaction of Lessor within
sixty (60) days after the termination or expiration of this Lease, they shall be deemed abandoned
and shall become the property of Lessor and Lessee shall have no further rights thereto. Lessee
has notified Lessor that the following entities have an interest in the Antenna Facilities and related
equipment because of financing arrangements with Lessee:
N/A
If Lessor removes the Lessee Facilities or any portion thereof, Lessor must give written
notice to Lessee and the listed entities at the addresses provided, informing them that the Lessee
Facilities or portion thereof, have been removed and will be deemed abandoned if not claimed by
said entities and the storage fees and other reasonable costs paid within thirty (30) days.
5. Governmental Approval. (a) Lessee's right to use the Leased Premises is
contingent upon Lessee obtaining all certificates, permits, zoning and other approvals (whether
discretionary or ministerial), specifically including, without limitation, a conditional use permit and
site plan approval, that may be required by any federal, state, or local authority, for Lessee's use
to take place at the Leased Premises ("Governmental Approvals"). It shall be the sole and entire
responsibility of Lessee to determine what Governmental Approvals are needed for the
construction and operation of the Lessee Facilities. Lessor agrees to reasonably cooperate with
Lessee (at no cost to Lessor) in its efforts to obtain such approvals; provided, however, that
Lessor's agreement to cooperate shall not in any way limit or otherwise affect the authority or
discretion of Lessor's governing body, or any department, division, officer or employee of Lessor,
in the conduct of its or his duties with respect to any such Governmental Approval and provided
further, that Lessor shall not be required to join, be joined, or otherwise participate as a party in
any judicial or administrative action brought by Lessee, or any person or entity claiming under
Lessee, in which the denial or conditions of any Governmental Approval is in issue. Lessee
3
hereby expressly acknowledges and agrees that neither the execution of this Lease by Lessor nor
any act by Lessor or any of Lessor's officers, agents or employees or its governing body in
anticipation or in furtherance of the execution of this Lease, shall entitle Lessee to any
Governmental Approval, whether discretionary or ministerial, and Lessee shall not be entitled to
reimbursement of any costs or expenses of any kind or nature made or incurred in expectation of,
or preparation for, the use of the Leased Premises.
(b) Lessee warrants that it has performed, or caused to be performed, a radio
frequency emissions study ("RF Study") showing that Lessee's intended use will not interfere with
any existing communications facilities, and that such RF Study was conducted by a qualified
engineer licensed to practice in the Commonwealth of Virginia. Lessee shall, prior to the issuance
of a building permit for any of the Lessee Facilities, deliver a copy of such RF study to Lessor.
Lessor shall, upon request of Lessee, provide such information regarding Lessor's
communications facilities as is necessary for Lessee to avoid interference with such facilities.
(c) If any application for a necessary Governmental Approval is denied, or if any
certificate, permit, license, or other Governmental Approval issued to Lessee is canceled, expires,
lapses, or is otherwise withdrawn or terminated by governmental authority so that Lessee will be
unable to use the Leased Premises for Lessee's intended purpose, and all administrative and
judicial appeals of such action have been exhausted or the time for filing of such appeals has
expired, both Lessor and Lessee shall have the right to terminate this Lease by written notice to
the other, and upon such termination, this Lease shall become null and void.
(d) Notwithstanding the provisions of subparagraph (c), in the event of termination
by Lessee pursuant to subparagraph (c), Lessee shall be liable to Lessor for Rent for a period of
120 days from the date of such termination, unless such termination is by reason of the denial of a
conditional use permit or other approval of a discretionary nature by Lessor's governing body.
Nothing in this subparagraph shall relieve Lessor of its duty to mitigate its damages in the event of
termination by Lessee.
6. Use of Premises. (a) Lessee may use the Leased Premises for the installation,
operation, and maintenance of the Antenna Facilities and the Ground Facilities for the
transmission, reception and operation of a communications system and uses incidental thereto,
and for the storage of related equipment, in accordance with the terms of this Lease. Storage of
items shall only be inside the Accessory Building. Lessee may erect and operate such Antenna
Facilities and Ground Facilities as are depicted on the attached Exhibit C, and may expand such
Antenna and Ground Facilities only with Lessor's consent, which consent shall not be
unreasonably denied, delayed or conditioned, and only after Lessor has obtained, at Lessee's
expense, a certified evaluation under seal of a licensed professional engineer indicating that each
antenna will not interfere with the signals of existing antennas, and that the Water Tower can
structurally support the antennas and related equipment. In connection therewith, Lessee shall
have the right to do all work necessary to prepare, maintain and alter the Leased Premises for
Lessee's business operations under this Lease and to install transmission lines connecting the
4
antennas to the transmitters and receivers. If Lessor fails to respond in writing in the manner
provided in this Lease for the giving of notices within thirty (30) days following the receipt of
Lessee's request for such approval, such request shall be deemed to have been approved by
Lessor; provided, however, that if such approval requires the issuance of a new or modified
conditional use permit, the provisions of Paragraph 5(a) of this Lease shall apply.
(b) Lessee shall, at its sole cost and expense, construct, operate and maintain the
Antenna Facilities and Ground Facilities in accordance with the standards and specifications of the
City of Vkginia Beach Department of Public Utilities, all applicable City ordinances, permits and
other requirements, and all applicable FCC rules and regulations. Lessee's installation of the
Antenna Facilities and construction of the Ground Facilities shall be in accordance with the plans
approved by Lessor, which approval shall not be Um-easonably withheld, denied or conditioned.
Any damage done to the Owned Premises or any other property of Lessor during installation or
operation of the Lessee Facilities shall be repaired at Lessee's expense within thirty (30) days after
notification of damage. Title to the Lessee Facilities shall be held by Lessee, and all such Lessee
Facilities shall be deemed to be the personal property of Lessee and not fixtures. Lessee shall
have the right to remove all Lessee Facilities at its sole expense on or before the expiration or
earlier termination of this Lease, provided that Lessee shall be required to repair any damage and
to restore the Leased Premises to their original condition, ordinary wear and tear, casualty and the
acts or omissions of Lessor or third parties excepted.
(c) All modifications or improvements of the Leased Premises made for Lessee's
benefit shall be at the Lessee's expense, and such improvements shall be maintained in a good
state of repair by Lessee at Lessee's expense. Lessee shall provide written notice to Lessor not
less than forty-eight (48) hours before commencing any maintenance of the Lessee Facilities or
construction of additional Lessee Facilities. The Antenna Facilities shall, at all times and at
Lessee's expense, be painted such color as Lessor deems appropriate.
(d) Lessee shall provide Lessor with as-built drawings of the equipment and
improvements installed on the Leased Premises showing the actual location of all Antenna
Facilities and Ground Facilities and of all other improvements installed on Lessor's property by
Lessee in connection with this Lease. The drawings shall be accompanied by a complete and
detailed inventory of all equipment, personal property, Ground Facilities and Antenna Facilities to
be placed on the Leased Premises or other property of Lessor in connection with this Lease. At
Lessor's option, such as-built drawings and inventory may be attached to this Lease as Exhibit E.
(e) Lessee shall, at its expense, maintain any equipment on or attached to the Leased
Premises in a safe condition, in good repair and in a manner reasonably suitable to Lessor so as
not to conflict with the use of the other property of Lessor, subject to the provisions of Paragraph
8 of this Lease. Lessor shall maintain, at its sole expense, access roadways to the Leased
Premises in a condition which will allow pedestrian and vehicular access under normal weather
conditions; provided, however, that Lessee shall be responsible for the repair of any damage or-
deterioration caused by Lessee's use of such roadways.
(f) Lessee, at all times during this Lease, shall have reasonable access during normal
working hours to the Leased Premises in order to install, operate, and maintain its Lessee
Facilities, provided, however, that Lessee shall be required to notify Lessor forty-eight (48) hours
in advance of accessing the Antenna Facilities. If it is necessary for Lessee to have access to the
Leased Premises at some time other than the normal working hours of Lessor, Lessor may charge
Lessee for whatever actual and reasonable expense, including employee wages, that Lessor may
incur in providing such access. For purposes of this Paragraph 6(0, "normal working hours" are
Monday through Friday from 8:00 a.m. to 5:00 p.m.
(g) Lessee shall install utilities to serve the Antenna Facilities and Ground Facilities in
the location shown on Exhibit B at Lessee's sole expense. Lessee shall separately meter all
utilities associated with its use of the Leased Premises and shall promptly pay all costs for such
utility services. Lessor shall, without charge to Lessee, sign such documents as may be required
by utility providers to provide such service to the Leased Premises, including the grant of permits
required by Lessor or a utility provider to provide service as provided herein.
(h) Lessor warrants and agrees that: (i) Lessor owns the Owned Premises and has
rights of access thereto; (ii) Lessor has full right to make and perform this Lease; and (iii) Lessee,
upon paying the rent and performing the covenants herein provided, shall peaceably and quietly
have and enjoy the Leased Premises for the purposes herein contemplated. Lessor shall not cause
or permit any use of the Owned Premises which materially and unreasonably interferes with or
impairs the operation of the communications facilities or the quality of the communications
services being rendered by Lessee from the Leased Premises, nor shall Lessor have unsupervised
access to the Leased Premises, except in the event of an emergency requiring immediate access to
the Leased Premises.
(i) Lessee shall remove the Lessee Facilities upon termination of this Lease unless
Lessor otherwise agrees, in writing, and shall restore the affected area to its original condition,
ordinary wear and tear, casualty and the acts or omissions of Lessor or third parties excepted.
Such removal shall be done in a workmanlike manner and without interference or damage to any
other equipment. All costs and expenses for such removal and restoration shall be borne by
Lessee.
7. Equipment Upgrade. Lessee may update or replace the Antenna Facilities
or the Ground Facilities, or both, from time to time with the prior written approval of Lessor,
which approval shall not be unreasonably withheld, delayed or conditioned, provided that any
change in their location is satisfactory to Lessor. Lessee shall submit to Lessor a detailed
proposal for any such replacement facilities and any supplemental materials as may be requested
for Lessor's evaluation and approval.
8. Interference. (a) Lessee's installation, operation, and maintenance of the Antenna
Facilities and Ground Facilities shall not damage or interfere in any way with Lessor's current
6
operations. If the Lessee Facilities cause interference to such operations, Lessee shall take all
measures reasonably necessary to correct and eliminate the interference. If the interference
cannot be eliminated in a reasonable time, Lessee shall immediately cease operating the Lessee
Facilities to the extent necessary to stop the interference. If the interference cannot be eliminated
within thirty (30) days, Lessor may terminate this Lease.
(b) Lessee's use and operation of the Leased Facilities shall not interfere with the use
and operation of other communication facilities on the Leased Premises which pre-existed the
Lessee Facilities. If the Lessee Facilities cause interference, Lessee shall take all measures
reasonably necessary to correct and eliminate the interference. If the interference cannot be
eliminated in a reasonable time, Lessee shall immediately cease operating the Lessee Facilities to
the extent necessary to stop the interference. If the interference cannot be eliminated within thirty
(30) days, Lessor may terminate this Lease.
(c) Subsequent to the installation of the Lessee Facilities, Lessor shall not permit itself,
its lessees or licensees to install new equipment on the Owned Premises or property contiguous
thereto owned or controlled by Lessor, if such equipment is likely to cause interference with
Lessee's operations. In the event interference occurs, Lessor agrees to take all action necessary
to eliminate such interference within thirty (30) days. If the interference cannot be eliminated
within thirty (30) days, Lessee may terminate this Lease.
9. Termination. (a) Except as otherwise provided herein, this Lease may be
terminated upon sixty (60) days written notice to the other party as follows:
(i) by either party upon a default in the performance of any covenant or term
hereof by the other party, which default is not cured within sixty (60) days of receipt of
written notice of the default (without, however, limiting any other fights of the parties
pursuant to any other provisions hereof);
(ii) subject to the 'provisions of Paragraph 5(c) of this Lease, by Lessee if it is
unable to obtain or maintain any license, permit or other Governmental Approval
necessary for the construction or operation of the Lessee Facilities or of Lessee's business;
(iii) by Lessee if the Lessee Facilities are destroyed or damaged by an act of
God so as to, in Lessee's judgment, substantially impair Lessee's effective use of the
Lessee Facilities, upon thirty (30) days' written notice to Lessor, which notice must be
given within thirty (30) days of the date of such destruction or damage. If Lessee so
terminates this Lease, Lessee shall be entitled to reimbursement of prepaid Rent covering
the period subsequent to the date of destruction or damage;
(iv) by Lessor, upon six (6) months' notice, if it determines that a potential user
which is a public safety agency of the federal or state government or of the City of
Virginia Beach cannot obtain another adequate location;
7
(v) by Lessor, if after a public heating, the Virginia Beach City Council
determines that Lessee's use of the Leased Premises is not in compliance with any
applicable ordinance, or state or federal law, or any conditions of any Governmental
Approval, and Lessee fails to cure such noncompliance within thirty (30) days after such
determination is rendered. Such failure shall be a default of Lessee's obligations under the
terms of this Lease;
(vi) by Lessee, if Lessee is unable to occupy and utilize the Leased premises
due to an action of the FCC, including, without limitation, a take-back of channels or
change or reallocation of the frequencies at which Lessee may operate its communications
facilities which renders Lessee's operation of its communications facilities at the Leased
Premises obsolete; or
(vii) by Lessee within ninety (90) days of the execution of this Lease if Lessee
determines that the Leased Premises are not suitable for its operation for economic or
technological reasons, including, without limitation, signal interference. For purposes of
this subdivision, "economic reasons" shall not include the availability of an equivalent site
at commercial terms more favorable to Lessee than are contained in this Lease.
(b) The parties shall give notice of termination in writing. Lessee shall be liable to
Lessor for all Rent and other consideration under Paragraph 3 of this' Lease for the period of this
Lease prior to said termination date.
(c) Upon termination or expiration of this Lease, Lessee shall have sixty (60) days
from the date of termination or expiration to remove the Lessee Facilities and related equipment
from the Leased Premises and to restore the Leased Premises to their condition prior to
installation of the Lessee Facilities, ordinary wear and tear and damage caused by casualty, Lessor
or third parties excepted.
10. Cure by Lessor. In the event of any default of this Lease by Lessee not cured
by Lessee within the applicable cure period, Lessor may at any time, after notice, cure the default
for the account of and at the expense of Lessee. If Lessor is compelled to pay or elects to pay any
sum of money or to do any act which will require the payment of any sum of money or is
compelled to incur any expense, including reasonable attorney fees in instituting, prosecuting or
defending any action to enforce the Lessor's rights under this Lease, the sums so paid by Lessor,
with all interest, costs and damages shall be deemed to be Additional Rental and shall be due from
the Lessee to Lessor on the first day of the month following ten days' written notice by Lessor
and submission by Lessor to Lessee of an itemized statement, with supporting evidence, of
Lessor's costs and expenses.
11. Condemnation. In the event the Leased Premises is taken by eminent
domain by the state or federal government, or any instrumentality thereof, or by the City of
Virginia Beach, this Lease shall terminate as of the date title to the Leased Premises vests in the
condemning authority. In the event a portion of the Leased Premises is taken by eminent domain,
either party shall have the fight to terminate this Lease as of said date of title transfer, by giving
thirty (30) days' written notice to the other party. In the event this Lease is not thereby
terminated, Rent shall be reduced or abated in proportion to the actual reduction or abatement of
use of the Leased Premises. Lessor and Lessee shall each be entitled to pursue its own separate
awards in the event of a taking of the Leased Premises.
12. Defense and Indemnification. (a) Lessee agrees to defend, indemnify and
hold harmless Lessor and its elected officials, officers, employees, .agents, and representatives
from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action,
including reasonable attorneys' fees and other costs and expenses of litigation, arising from the
negligence, willful misconduct, or other fault of Lessee. Lessee shall defend all claims arising out
of Lessee's use of the Leased Premises and out of the installation, operation, use, maintenance,
repair, removal, or presence of Lessee's Antenna Facilities, equipment and related facilities on the
Leased Premises. In no event shall the liability of Lessee under this Sub-paragraph include
damages for lost profits, consequential or punitive damages.
(b) Without limiting the scope of Subparagraph (a) above, Lessee shall be solely
responsible for and will defend, indemnify, and hold Lessor, its agents, officers and employees
harmless from and against any and all claims, costs, and liabilities, including reasonable attorneys'
fees and costs, arising out of or in connection with the cleanup or restoration of the Leased
Premises associated with Lessee's use of hazardous materials. For purposes of this Lease,
"hazardous materials" shall be interpreted broadly and specifically include, without limitation,
asbestos, fuel, batteries or any hazardous substance, waste, or materials as defined in any
applicable federal, state, or local environmental or safety statute, ordinance, regulation or
requirement. Lessor represents that, to the best of its knowledge and belief, it has received no
notice of any action, suit, proceeding or claim concerning a release of hazardous substances on or
affecting the Leased Premises, and that, to the best of its knowledge and belief, there is no release
of hazardous substances on or affecting the Leased Premises which would render the Leased
Premises unsuitable for the purposes contemplated by this Lease. Lessor agrees to notify Lessee
of any such release as soon as reasonably practicable after receiving notice thereof.
Notwithstanding the foregoing, it shall be the responsibility of Lessee to determine whether or not
there are any adverse conditions, including, without limitation, a release of any hazardous
substance on or affecting the Leased Premises which would prevent Lessee's proposed use
thereof, and in no event shall any liability of Lessor for any such condition include damages for
lost profits, consequential or punitive damages.
(c) Lessee represents and warrants that its use of the Leased Premises will not
generate, and Lessee will not store or dispose of on the Leased Premises, nor transport to or over
the Leased Premises on the property of Lessor, any hazardous materials other than those
ordinarily used in the provision of communications services as permitted hereunder and in
compliance with all applicable laws, unless Lessee specifically informs Lessor thereof in writing
9
twenty-four (24) hours prior to such storage, disposal or transport or otherwise as soon as Lessee
becomes aware of the existence of hazardous materials on the Leased Premises.
(d) Lessor and Lessee release each other and their respective principals, officers,
directors, employees, representatives and agents, from any claims for damage to any person or to
the Leased Premises or to the Lessee Facilities thereon caused by, or that result from, risks
insured against under a standard all risk insurance policy. Lessor and Lessee shall cause each
insurance policy obtained by them to provide that the insurance company waives all right of
recovery by way of subrogation against the other in connection with any damage covered by any
policy.
(e)
Lease.
The obligations of' this Paragraph shall survive the expiration or termination of this
13. Insurance. (a) During the Initial Term and Renewal Terms of this Lease,
Lessee shall maintain, or cause to be maintained, in full force and effect and at its sole cost and
expense, the following types and limits of insurance. All policies other than those for Worker's
Compensation shall be written on an occurrence and not on a claims made basis. The coverage
amounts set forth below may be met by a combination of underlying and umbrella policies so long
as in combination the limits equal or exceed those stated.
i. Worker's compensation insurance meeting applicable statutory
requirements and employer's liability insurance with minimum limits of One Hundred
Thousand Dollars ($100,000) for each accident.
ii. Comprehensive commercial general liability insurance with minimum limits
of One Million Dollars ($1,000,000) as the combined single limit for each occurrence of
bodily injury, personal injury and property damage. The Policy shall provide blanket
contractual liability insurance for all written contracts, and shall include coverage for
products and completed operations liability, independent contractor's liability; coverage
for property damage from perils of explosion, collapse or damage to underground utilities,
commonly known as XCU coverage; and broad form property damage coverage. Lessor
shall be n.amed as an additional insured under such policy.
iii. Automobile liability insurance coveting all owned, hired and non-owned vehicles in
an amount not less than One Million Dollars ($1,000,000), combined single limits.
(b) Certificates of insurance for each insurance policy required to be obtained by
Lessee in compliance with this paragraph shall be filed with Lessor annually during the term of the
Lease. Lessee shall immediately advise Lessor Of any claim or litigation that may result in liability
to Lessor.
10
(c) All insurance policies maintained pursuant to this Lease shall contain the following
endorsement:
"At least thirty (30) days prior written notice shall be given to Lessor by
the insurer of any intention not to renew such policy or to cancel, replace
or materially alter same, such notice to be given by registered mail to the
parties named in the Lease."
(d) Ail insurance shall be written by insurers licensed io conduct the business of
insurance in the Commonwealth of Virginia and rated A- or better by Best.
(e) Lessee shall require that each and every one of its contractors and their
subcontractors who perform work on the Leased Premises carry, in full force and effect, workers'
compensation, comprehensive public liability and automobile liability insurance coverages of the
type which Lessee is required to obtain under the terms of this paragraph with like limits of
insurance.
14. Assignment and Sublease. (a) This Lease, and the rights hereunder, may
not be sold, assigned, or transferred at any time by Lessee except upon prior written notice to
Lessor and with Lessor's written consent, which consent shall not be unreasonably withheld,
delayed or conditioned; provided, however, that Lessee may assign its interest to its parent
company, any subsidiary or affiliate of it or its parent company or to any successor-in-interest or
entity acquiring fif~y-one (51%) or more of its stock or assets, subject to any financing entity's
interest, if any, in this Lease, without Lessor's consent. Lessee shall be relieved of all future
performance, liabilities and obligations under this Lease upon such assignment. Lessee shall have
the right to sublet all or a portion of the Leased Premises and space on the Water Tower without
Lessor's consent, but shall remain liable to Lessor for the payment of Rent, Additional Rent and
all other payments from Lessee required or contemplated by this Lease unless otherwise
consented to, in writing, by Lessor. Notwithstanding anything to the contrary contained in this
Lease, Lessee may assign, mortgage, pledge, hypothecate or otherwise transfer without consent
its interest in this Lease to any financing entity, or agent on behalf of any financing entity to whom
Lessee (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has
obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations
under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of
guaranties thereof.
(b) This Lease shall run with the property and shall be binding upon and inure to the
benefit of the parties, their respective successors, personal representatives, heirs and assigns.
15. Notices. All notices hereunder must be in writing and shall be deemed validly
given if sent by certified mail, return receipt requested, or by a nationally recognized overnight
courier, addressed as follows or if sent by facsimile to the facsimile number set forth below, with a
hard copy contemporaneously mailed as previously specified:
11
If to Lessor to:
City Manager
Municipal Center, Building One
2401 Courthouse Drive
Virginia Beach, Virginia 23456
Fax No.
With a copy to:
City Attorney
Municipal Center, Building One
2401 Courthouse Drive
Virginia Beach, Virginia 23456
Fax No.
If to Lessee, to:
SprintCom, Inc.
1200 Main Street
Kansas City, Missouri 64105
Attn: Director Network Real Estate
Fax No.
With a copy to:
Sprint Spectrum, L.P.
4900 Main Street
Kansas City, Missouri 64105
Attn:
Fax No.
Lessor or Lessee may from time to time designate any other address for this purpose by
written notice to the other party.
16. MiscellaneoUs Provisions. (a) This Lease constitutes the entire agreement
and understanding of' the parties, and supersedes all offers, negotiations and other agreements.
There are no representations or understandings of any kind not set forth herein. Any amendments
to this Lease shall be effective only if made in writing and executed and acknowledged by both
parties.
(b) Each party agrees to cooperate with the other in executing or having executed any
documents (including a Memorandum of Lease in a form acceptable to both parties attached
hereto as Exhibit D, Non-Disturbance Agreement, easement agreements, or other documents)
necessary to protect its rights or use of the Leased Premises. Either party may record a
Memorandum of Lease or easement agreement, but neither party may record this Lease.
(c) This Lease shall be construed in accordance with the laws of the Commonwealth
of Virginia. Any court action relating to this Lease may be maintained only in the Circuit Court of
12
the City of Virginia Beach or United States District Court for the Eastern District of Virginia.
(d) If any term of this Lease is found to be void or invalid, such invalidity shall not
affect the remaining terms of this Lease, which shall continue in full force and effect. The parties
intend that the provisions of this Lease be enforced to the fullest extent permitted by applicable
law. Accordingly, the parties shall agree that if any provisions are deemed not enforceable, they
shall be deemed modified to the extent necessary to make them enforceable.
(e) The persons who have executed this Lease represent and warrant that they are
duly authorized to execute this Lease in their representative capacities as indicated.
(f) The submission of this document for examination does not constitute an offer to
lease or a reservation of or option for the Leased Premises and shall become effective only upon
execution by both parties.
(g) This Lease may be executed in any number of counterpart copies, each of which
shall be deemed an original, but all of which together shall constitute a single instrument.
(h) The parties understand and acknowledge that Exhibit A (Description of Owned
Premises), Exhibit B (Description of Leased Premises) and Exhibit C (Description of Antenna
Facilities and Ground Facilities) may be attached to this Lease in preliminary form. Accordingly,
the parties agree that upon the preparation of final, more complete exhibits, Exhibits A, B and C
may be replaced by the parties with final, more complete exhibits which shall be agreed to and
conformed by the parties.
(i) This Lease shall be governed as to all matters, whether of validity, interpretation,
obligations, performance or otherwise, exclusively by the laws of Virginia, and all questions
arising with respect thereto shall be determined in accordance with such laws. Regardless of
where actually delivered and accepted, this Lease shall be deemed to have been delivered and
accepted by the parties in the Commonwealth of Virginia.
(j) During the performance of this Lease, the Lessee agrees that it will not
discriminate against any employee or applicant for employment because of race, religion, color,
sex, handicap or national origin, except where religion, sex, handicap or national origin is a bona
fide occupational qualification or consideration reasonably necessary to the normal operation of
the Lessee. The Lessee agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
The Lessee, in all solicitations or advertisements for employees placed by or on behalf of the
Lessee, will state that such Lessee is an equal opportunity employer. Notices, advertisements and
solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient
for the purpose of meeting the requirements herein. Lessee agrees to comply with the good faith
minority business efforts required by the Virginia Beach City Code.
13
(k) Lessee hereby certifies that it did not, directly or indirectly, enter into any
combination or arrangement with any person, firm or corporation or enter into any agreement,
participate in any collusion, or otherwise take any action in restraint of free, competitive bidding
for this Lease in violation of any of the laws of the United States or the Commonwealth of
Virginia.
(I) Lessee represents and warrants that, as of the date of its execution of this Lease, it
was the holder of a valid license issued by the Federal Communication Commission to construct
and operate radio transmitting facilities within a territory including the City of Virginia Beach
pursuant to Section 309 (h) of the Communications Act of 1934 (47 U.S.C. § 309 (h)). Lessee
hereby agrees that, if for any mason, such license is revoked or otherwise terminated, it will
immediately so notify Lessor, and Lessee shall have the right to terminate this Lease pursuant to
Paragraph 9 (a) (ii) of this Lease.
17. Tests and Constructions. Lessee shall have the right following the full execution
of this Lease, upon the giving of forty-eight (48) hours' advance notice to Lessor, to enter upon
the Owned Premises for the purpose of making appropriate engineering and boundary surveys,
inspections, soil test borings or other reasonably necessary tests. In the event of any inconsistency
between this Lease and any survey performed, Lessor shall make such amendments to this Lease
and adjustments in the location of Leased Premises as shall be reasonably necessary for Lessee's
use and satisfactory to Lessee. If the title search or the survey discloses any matters which Lessee
deems unsuitable or which interfere with Lessee's use and enjoyment of the Leased Premises,
Lessor shall cure such defects within sixty (60) days. If Lessor does not or cannot cure such
defect within such sixty (60) days, Lessee shall have the right, without obligation, to terminate
this Lease and render it null and void from the date of termination.
18. RFCompliance. (a) Subsequent to the installation of the Lessee
Facilities, Lessor shall not permit itself, its lessees or licensees to install new equipment on the
Owned Premises or property contiguous thereto owned or controlled by Lessor, if such
equipment is likely to cause the Owned Premises to exceed the FCC radiated power density
maximum permissible exposure ("MPE') limits for workers and the general public. Such excess
radiated power densities shall be deemed a material breach by Lessor. In the event excess
radiated power densities occur, Lessor agrees to take or to cause any subsequent lessee or
licensee whose use of the Owned Premises results in the FCC specified MPE limits being
exceeded to promptly take all mitigation action necessary to eliminate such excess radiated power
densities within thirty (30) days. In the event Lessor fails to comply with this paragraph, Lessee
may terminate this Lease and/or pursue any other remedies available under this Lease, at law,
and/or at equity, including injunctive relief.
(b) Lessee shall operate the Lessee Facilities in a manner that will not cause the
Owned Premises to exceed the FCC specified MPE. Such excess radiated power densities shall
be deemed a material breach by Lessee. In the event Lessee fails to comply with this paragraph,
Lessor may terminate this Lease and/or pursue any other remedies available under this Lease, at
14
law, md/or at equity, including injunctive relief
19. Marking and Lighting Requirements. (a) Lessor shall be responsible for
compliance with all marking and lighting requirements of the Federal Aviation Administration
("FAA") and the FCC, provided that if the requirement for compliance results from the Lessee
Facilities, Lessee shall pay for such reasonable costs and expenses (including for any lighting
automated alarm system). Should Lessee be cited because the Owned Premises is not in
compliance and, should Lessor fall to cure the conditions of noncompliance, Lessee may either
terminate this Lease or proceed to cure the conditions of noncompliance at Lessor's expense,
which amounts may be deducted from the Rent.
(b) If lighting requirements apply and a lighting automatic alarm system has
been installed by Lessor, Lessor shall allow Lessee to bridge in to the system to permit a parallel
alarm or to install a second alarm if a bridge would interfere with Lessor's alarm. Lessee shall be
responsible for the cost and expense of maintaining the bridge or parallel alarm. Notwithstanding
anything in this Paragraph 19(b), the responsibility for compliance with FAA and FCC
requirements shall remain with Lessor as provided in Paragraph 19(a) above.
20. Waiver of Lessor's Lien. (a) Lessor waives any lien rights it may have
concerning the Lessee Facilities which are deemed Lessee's personal property and not fixtures,
and Lessee has the right to remove the same at any time without Lessor's consent.
(b) Lessor acknowledges that Lessee has entered into a financing arrangement
including promissory notes and financial and security agreements for the financing of the Lessee
Facilities (the "Collateral") with a third party financing entity (and may in the future enter into
additional financing arrangements with other financing entities). In connection therewith, Lessor
(i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as
fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution,
foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such
Collateral may be removed at any time without recourse to legal proceedings.
21. Brokers. Lessor and Lessee represent to each other that they have not
negotiated with any real estate broker in connection with this Lease. Lessor and Lessee agree
that, should any claim be made against the other for a real estate broker's commission, finder's fee
or the like by reason of the acts of such party, the party upon whose acts such claim is based shall
indemnify and hold the other party free and harmless from all losses, damages, claims and
expenses in connection therewith.
22. Taxes. Lessee shall be responsible for paying all personal property taxes assessed
upon the Lessee Facilities and for paying taxes on its leasehold interest pursuant to Virginia Code
Section 58.1-3203, or any successor statute.
15
IN WITNESS WHEREOF, the parties hereto have respectively executed this Lease to be
effective as of the date hereinabove stated.
CITY OF VIRGINIA BEACH
ATTEST:
City Manager or Designee
City Clerk
APPROVED AS TO LEGAL
SUFFICIENCY:
APPROVED AS TO CONTENT:
Department of Law
LESSEE
by
16
STATE OF VIRGINIA:
CITY OF VIRGINIA BEACH
I, , a Notary Public in and for the City and State aforesaid, do
hereby certify that ., of the City
of Virginia Beach, whose name as such is signed to the foregoing Lease Agreement, has
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this __
day of ,19__.
My Commission Expires:
Notary Public
CITY OF 'V t v'~ ~ ~ ? ~ {:::~,c:. ~
I, .St4~'n~,.~'~l<LZe-_~, a Notary Public in and for the City and State aforesaid, do
hereby certify that ~__J~ ~_x~{'~---~ , ~'~:~ l~l~z~lo]0~44~}03 r.of the
above-named Lessee, whose name as such is signed to the foregoing Lease Agreement, has
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this ~l~':e. dayof Or~o~ ,19~c~
My Commission Expires:
Notary Public
17
EXHIBIT A (DESCRIPTION OF OWNED PREMISES)
All that certain lot, piece or parcel of land lying, being and situate in the City of Virginia
Beach, Virginia, having the Geographic Position Identification Number (GPIN) 1466-63-3649.
See attached deed for a more complete property description.
18
EXHIBIT A
THIS DEED, Made this ~].~ff/'day of oqnu~-y, 1977, I~y and between
LARASAN REALTY CORP., a Virginia corporation which 'is th(: survivi,rj corpora-
tion of a merger with KEMPTODD CORP., a foe,er Virginia cori',or~,t, ion and
DUNEDIN, LIMITED, a Virginia corporation which is the SU'F'VtV:,g corporation
of a merger with TODDO CORP., a fenner Virginia corporat'~o,~, p~:,','.ie.s of the
first part; and the CITY OF VIROINIA BEACH, VIRGINIA, par!y t~F the second
part.
W I TNESSETH:
That for and in consideration of the sum of Ten Do!l.).,'s ($10.00)
cash in hand paid, and other good and valuable considerations,, the receipt
of which is hereby acknowledged, the said parties of the first part do here-
by grant and convey with GENERAL WARRANTY and with ENGLISH COVENAN'TS OF
TITLE, free from all liens and encumbrances, unto the said party of the
second part, the following described property, to-wit:
Comnencing at'a point 'on the eastern riqht
of way of Kempsville Road, which point is
188 feet South Of the intersection of tile
ri(iht of way of Providence Road, said point
being tile POINT OF BEGIIINIUG; thence S 6)~,
5~'41" E a distance of 230.00 feet to a
point; thence S 20°29'19'' W a distance, of
150.00 feel; to a poi,t; thence N
W a distance of 230.00 feet to a p~)int;
thence U 20°29'19'' E a distance of ISO.G,'.)
feet to the POINT OF B[GINNING.
IT BEING a part of the same prnperty which
was conveyed to Toddo Corp. by d.ed d,lt;.~Lj
April 1, 1972, and recorded in Deed
1266, at page 95, in the aforesaid Clurk's
Office and a part of the same
conveyed Lo Toddo Corp. and Kemptodd Co~p,
by deed dated December 22, 19Z1, a,d
in the said Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia.
in Deed Book 1248, at page 769.
This conveyance ts subject to the conditions, rc~tr(ctions,
easements and reservations of reco~'d, tf any, afFectiml
property and constituting constructive notice. This COKJVe.~dFIC(!, is suhject
tO any public utility easements.
By joining hereto the City hereby releases the parties of the first
part from the obligation to reserve 12,8 acres of l'and acr. q,-dtn,.) to that
certain subdivision agreement recorded in the Clerk's OFf'ice of the Circuit
Court of the City of Virginia Beach in Deed Book 1336, at PaU,'.' 322.
The parties of the first part covenant that they are s~:ized in fee
simple of said property and have the right to convey the said properly to
party of the second part; that they have done no act to encumber the same;
that it, the said party of the second part, shall have quiet and peaceable
possession of the same, free from all encumbrances; and that they, the
parties of the first part, will execute such further assurances o6 title
as may be requisite or necessary. !'
Dunedin, Limited, and Toddo Corp. had a merger on October 6, 1976,
with Dunedin, Limited, being the surviving corporation. Larasan Realty
Corp. and Kemptodd Corp. had a merger on December 31, 1976, with Larasan
Realty Corp. being the surviving corporation.
IN WITNESS WHEREOF, LARASAN REALTY CORP. has caused its name to be
signed hereto by its President and its corporate seal affixeu hereto and
attested by its Secretary.
AllEST:
LARASAN REALTY CORP.
'. .... Secretary
IN WITNESS WHEREOF, DUNEDIN, LIMITED, has caused its ~ai"~e to be
.. signed hereto by its President and its corporate seal affixed hereto and
attested by its Secretary.
DUNEDIN, LIMITED
~res]dent
-2-
IN WITNESS WHEREOF, the CITY OF VIRGINIA BEACH, VIRGiNiA, has
caused its name to be signed hereto by its City Manager and its seal to
be affixed hereto by its City Clerk.
ClTY/~IRGINIA BEACll, VIR~,INIA
" STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
('"'-- .... '/.(-"z ....... , a Notary Public
in and for the City and State aforesaid, do hereby certify t.h~L (;[tIRGE L.
HANBURY, City Manager, and RICltARD J. WEBBON, City Clerk.for the CITY OF
VIRIiINIA DEAClt, VIRGINIA, whose names as such are stUnod to the foregoing
Deed, bearing date on the .~ '/T//day of J'~'nu~ry, 1977. h:lve ackno~.~le,'lged the
sane before me in my City and State aforesaid. ? ~.
~,~4, ,
GIVEN under my hand this ,~¢~ay of January. 1977.
I'
-3-
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
for the City and State aforesaid, do hereby certify that ~.,~ ~jant;/~b__
, President, and ~4~ '~'~ , Secreta~
for Larasan Realty Corp., whose names as such are signed to the foregoing
Deed, bearing date on the .... day of January, 1977, have elckno¥:ledged the
same before me in my City and State aforesaid.
~?pr; / ,, , .. · .
GIVEN Under my hand this ~'Y~ day of -~=~-~-'- "'~': .......
Notary Publ },::. ..'.:
·. '.; ~...__"--', .~ ~
My Conlnts, ion Expi res :__'-"./- .~.~::~,'_,~ ',.
STATE OF VIRGINIA
CITY OF NORFOLK, to-wit:
,
I ~ //~,~z.-- ~ , a Notary Public in
~. - . .?/- ? ,,
and for the City ahd State.aforesaid, do hereby certify that
~.~.~~ ~.~,~I.~.,_~ , President, and /~/~-~....~.4~.¢~ ., Secretac/,
of Dunedin, Limited, whose names as such are signed to the foregoing Deed,
bearing date on the~day of January,
before me in my City and State aforesaid.
GIVEN under my hand this /'.~/
1977, have acknowledged the same
/../,,"/.' //...
day of ~)anu~-y, 1977.
My Conmnisslon Expires: ,~, ,'~' "; '~
·. ~_,.. ,.L/.../.,~ ..........
-4-
EXlqIBIT B (DESCRIPTION OF LEASED PREMISES)
[TO BE COMPLETED BY BIDDER]
19
,
EXHIBIT B
r
SPRINT PCS LEASE AREA DESCRIPTION:
BEGINNING AT A PIN ON THE SOUTHEAST RIGHT-OF-WAY LINE OF
KEMPSVlLLE ROAD AND THE NORTHWEST CORNER OF PROPERTY
BELONGING TO THE CITY OF VIRGINIA BEACH, IDENTIFIED AS GPIN #
1466-65-5649 BY THE CITY'OF VIRGINIA BEACH THENCE ALONG A
CURVE TO THE RIGHT HAVING A RADIUS OF 451.48' AND A LENGTH OF
1.3.71' TO A POINT; THENCE RUNNING S 68'48'46" W A DISTANCE OF
186.51' TO THE POINT OF THE LEASE PARCEL DESCRIBED HEREIN:
THENCE RUNNING N 20'2.3'51" E A DISTANCE OF 49.16' TO A POINT;
THENCE RUNNING S 69'36'29" E A DISTANCE OF 31.00'; THENCE
RUNNING S 20'25'51" W A DISTANCE OF 49.16' TO A POINT; THENCE
RUNNING N69'.36'29" W A DISTANCE OF 51.00' TO THE POINT OF
BEGINNING.
TOGETHER WITH A VARIABLE WIDTH EASEMENT GRANTED BY THE
LESSOR TO THE LESSEE IN, OVER, ACROSS, AND THROUGH THE TRACT
DESCRIBED ABOVE FOR PEDESTRIAN AND VEHICULAR TRAFFIC, INGRESS
AND EGRESS TO THE LEASED SITE.
LEASE OESCRIPIION ~{~I~ LEWIS WHITE AND ASSOCIATES
KEMPSVILLE WATER TOWER
~T3~3
EXHIBIT C (DESCRIPTION OF ANTENNA FACILITIES AND GROUND FACILITIES)
[TO BE COMPLETED BY BIDDER]
2O
EXHIBIT C
5 R = 4J1.48'
A=28.85'.~ KFMPSVILLE ROAD
~.~-"-- ) '~~_ (VARIABLE WIDTH)
R = 431.48' ~'1 t I .... J, 'N 20'46'32" E
,4 = I.~.71' J I/ I-~-'~ ~
UTILITY EASEMENT
i ., ~ : 4~ BRICK PUAiP STAT/ON
i J ~_ i ' ~ ~'r~ KEMPSFILLE CORNER A~TES
~ ~ ~ o (0.8.2303, P.576)
' ~ ~ ~ ~ ", I~ ~ - . ~ ~ u~rs o~ sm~m ~cs
C I ~ I 38.~5' ~' .~,~.,~-,~ I ',
- ~bo. oo' (~.a. ~7, P. is)
5 6996'29" Eis 2o'23'51 W ~N 20*2J'Jl" E SPIN: 1466-63-5810
~1.00' 5,00'
I ~ / GRAPHIC SCALE
~ ENLARGEMENT = 40'
I I SCALE: 1"= 20'
I I I 40 0 40
N 20'2J'Jl" E~
~ PROPOSED ~ J
x
S 20'2J'Jl" W
LEASE EXHIBIT ~ LE~S WH~ ~D ASSOCIA~
~ ~ f s,v~ ~ .oo~xc~s-~
KEMPS~LLE WATER TOUR ~ ~,
~RGINIA BEACH, ~RONIA ~ ~ ~ (~ ~m-~ ¢~ (~D ~z"~m
~ET ~ ~ 3 ,
EXHIBIT C
EXISTING ANTENNA ARRAY ~ 3 ANTENNAS
186.2o AGL - / PER SECTOR
· / PER USER
_T_OP OF TOWER j:L~/ ,_~_._ PROPOSED ~ND GIRDER
1-~ 27' AGL
~"' ' ,/L__ ~: 141.00' AGL
OVERFLOW .., ~][]['.;~ -- 1,7 GHZ USER
139 70 AGL '- Z ,
' 13Tl==={ll]{:- ------L{]00= --C: 130.00 AGL
"~'~' ..... : " 800 MHZ USER
= 119,00' AGL--I] (][~["-
1,7 GHZ USER/ -----COAX CABLE w/
TOP OF CONDUIT COVER
WIND GIRDER /
120. 50
~ I ..---COAX LADDER TO
J I J BE SHIELDED.
~ I SHIELD TO BE
PAINT SAME AS
WATER TOWER.
I' r-PROPOSED
'ICE BRIDGE
".: .,.~..,., ~; ..,.'.. ~.: .', .
GRAPHIC SCALE
1"=40'
40 0 40 80
I SECTOR ANTENNA ANTENNA
I SECTOR SIZE
I
SECTOR 1 PANEL
(ALPHA) 0 DEGREE 60"(h) x 6"(w)
SECTOR 2 PANEL
(BETA) 120 DEGREE 60"(h) x 6"(w)
SECTOR 3 240 DEGREE PANEL
(GAMMA) . l J 60"(h) x 6"(w).
SITE .41 NO03XC598-A ~i~ .~ ~m~[ L~X£ ~ ~ ,o,
KEMPSVlLLE WATER TOWER .~:,..-. w~,,^ ,~'^c., ,.~m;~,,,
VIRGINIA BEACH. VIRGINIA ~ ,~j '~c~ (7,,),7,-,~ r~x (,,,),.-.,,
~ ~j ,
SECTOR ANTENNA ANTENNA
SECTOR SIZE
SECTOR 1 PANEL
(ALPHA) 0 DEGREE 60"(h) x 6"(w)
SECTOR 2 PANEL
(BETA) 120 DEGREE 60"(h) x 6"(w)
SECTOR 5 PANEL
(GAMMA) . 240 DEGREE 60"(h) x 6"(w)
EXHIBIT D (MEMORANDUM OF LEASE)
21'
LEASE MEMORANDUM
This is a memorandum of a certain unrecorded lease dated __.,
1998, between THE CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia, GRANTOR, herein referred to as the "Lessor", whose
address is City Manager, Municipal Center, Building One, 2401 Courthouse Drive,
Virginia Beach, Virginia 23456, and SPRINTCOM, INC., a Kansas corporation,
GRANTEE, herein referred to as the "Lessee", whose address is 1200 Main Street,
Kansas City, Missouri 64105, concerning the following described premises, to-wit:
SEE ATTACHED EXHIBIT "A"
For good and valuable consideration, Lessor leases the above described leased
premises, together with all rights, improvements, and appurtenances thereto, to Lessee,
and Lessee hires the same from Lessor for the term and under the conditions contained in
the unrecorded lease dated , 1998, which unrecorded lease is
incorporated herein by reference.
The term of the lease is to commence on , 199 and will
end on ,200 , subject to Lessee's option to extend the term
for up to two (2) additional terms of five (5) years each following the expiration of the
original term, and the first extended term. The lease does not contain an option to
purchase.
The addresses of the Lessor and Lessee are:
If to Lessor to:
City Manager
Municipal Center, Building One
2401 Courthouse Drive
Virginia Beach, Virginia 23456
Fax No.
With a copy to:
City Attorney
Municipal Center, Building One
2401 Courthouse Drive
Virginia Beach, Virginia 23456
Fax No.
If to Lessee, to:
SprintCom, Inc.
1200 Main Street
Kansas City, Missouri 64105
Attn: Director Network Real Estate
Fax No.
With a copy to:
Sprint Spectrum, L.P.
4900 Main Street
Kansas City, Missouri 64105
Attn:
Fax No.
This memorandum is not a complete summary of the lease. Provisions in this
memorandum shall not be used in interpreting the lease provisions. In the event of a
conflict between this memorandum and the said unrecorded lease, the unrecorded lease
shall control.
Witness the following signatures and seals:
LESSOR:
THE CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth
of Virginia
ATTEST:
By: (SEAL)
City Manager or Designee
City Clerk
APPROVED AS TO LEGAL
SUFFICIENCY:
APPROVED AS TO CONTENT:
Department of Law
LESSEE:
SPRINTCOM, INC., a Kansas corporation
By: (SEAL)
Title:
SPRINT
KEMPTWR2
F/HIBIT B
SPRINT PCS LEASE AREA DESCRIPTION:
BEGINNING AT A PIN ON THE SOUTHEAST RIGHT-OF-WAY LINE OF
KEMPSVlLLE ROAD AND THE NORTHWEST CORNER OF PROPERTY
BELONGING TO THE CITY OF VIRGINIA BEACH, IDENTIFIED AS GPIN #
1466-6.3-5649 BY THE CITY OF VIRGINIA BEACH THENCE ALONG A
CURVE TO THE RIGHT HAVING A RADIUS OF 451.48' AND A LENGTH OF
1.3.71' TO A POINT; THENCE RUNNING S 68'48'46" W A DISTANCE OF
186.51' TO THE POINT OF THE LEASE PARCEL DESCRIBED HEREIN:
THENCE RUNNING N 20'25'.:31" E A DISTANCE OF 49.16' TO A POINT;
THENCE RUNNING S 69'36'29" E A DISTANCE OF 31.00'; THENCE
RUNNING S 20'25'.31" W A DISTANCE OF 49.16' TO A POINT; THENCE
RUNNING N69'56'29" W A DISTANCE OF .31.00' TO THE POINT OF
BEGINNING.
TOGETHER WITH A VARIABLE WIDTH EASEMENT GRANTED BY THE
LESSOR TO THE LESSEE IN, OVER, ACROSS, AND THROUGH THE TRACT
DESCRIBED ABOVE FOR PEDESTRIAN AND VEHICULAR TRAFFIC, INGRESS
AND EGRESS TO THE LEASED SITE.
L~.qE D£$¢RIPII08 '~! ~ LEWIS WH1TE AND ASSOCIATES
' CIVIL ENGINEERS
EXHIBIT E (AS-BUILT DRAWINGS AND INVENTORY OF EQUH'MENT)
[TO BE ATTACHED AT LESSOR?S OPTION]
SPRINT
KEMPSTOW
22
- 29-
Item V-J. 4.b.
RESOL UTIONS/ORDINANCES
ITEM # 442 79
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council DEFERRED until the
City Council Session of November 24, 1998:
Ordinance re award of leases of portions of City property for
construction, maintenance and operation of wireless
telecommunications facilities:
1848 Pleasant Ridge Road
(DISTRICT 7 - PRINCESS ANNE)
NEXTEL COMMUNICATIONS
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William V~. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera
E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
November 10, 1998
- 30-
Item V-J.$.
RESOL UTIONS/ORDINANCES
ITEM # 44280
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED:
Certificate of Public Convenience and Necessity:
TOP HAT LIMOUSINES
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba $. McClanan, Mayor Meyera
E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
HaroM Heischober
November 10, 1998
- 31 -
Item V-~. 6.
RESOL UTIONS/ORDINANCES
ITEM # 44281
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED:
License Refunds: $19,857.29
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
Linwood 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, Vice Mayor William D. Sessoms, Jr.
and A. 3/I. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
HaroM Heischober
November 10, 1998
FORM NO. C.A 8 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
BACK AGAIN INC
BAYBERRY FLOWERS & ACCESSORI
CASEY & WARSAHAW ENTERPRISES
COMPLETE MORTGAGE CORP
CONWAY, JOHN THOMAS
DARDEN ENTERPRISES INC
ELITE MAN LTD THE
FOLCK & WEST ARCHITECTS PC
GAMMON ENTERPRISES INC
HALL & WILSON CONSTRUCTION INC
ROZIER & ASSOCIATES INC
STEAK & ALE OF VIRGINIA INC
1996-1998 AUDIT 10.21 0.00 10.21
1998 10/16198 16.14 0.00 16.14
1997-1998 AUDIT 3,404.83 204.98 3,609.81
1996-1998 AUDIT 26.00 (3.00) 23.00
1995-1998 AUDIT 173.24 13.77 187.01
1996-1997 AUDIT 11.20 0.00 11.20
1997-1998 AUDIT 13.69 10.47 24.16
1998 08/18/98 50.00 0.00 50.00
1996-1997 AUDIT 2.40 0.00 2.40
1996-1998 AUDIT 25.60 6.18 31.78
1996-1998 AUDIT 2.28 0.55 2.83
1996-1998 AUDIT 164.38 25.22 189.60
This ordinance shall be effective from date of
adoption.
The above abatement(s) to $4,158.14
City of Virginia Beach on the iO
were
day
Certified as to paymep~: /
Philil~ Kelldm~ -
Commissioner of the Revenue
Approved as to form:
Lesl|e L. Lilley
City Attorney
approved by the Council of the
of November ,19 98
Ruth Hodges Smith
City Clerk
FORM NO CA. B REV. 3/86
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
BOZARD, RAYMOND M
CAREN CROSS PC
FINLEN, SANDRA HAMBRICK
FULFORD, WILLIAM L
HEDRICK, ROGER L
HORSEY, SANDRA J
HULTS, DAVID T
INNOVATIVE CONSTRUCTION ENTER
J & S ENTERPRISES INC
JAMES, CHRISTOPHER G
LAR JAC CORPORATION
MID ATLANTIC GOLFBALL EXCHANG
PIERCE INC
RPA INC
RADIO HOLLAND USA BV
SYCAMORE VIRGINIA CORP
Z B Z & ASSOCIATES INC
1996-1998 AUDIT 13.16 0.00 13.16
1996-1998 AUDIT 38.84 0.00 38.84
1996-1998 AUDIT 10.00 0.50 10.50
1997-1998 AUDIT 213.88 30.59 244.47
1996-1998 AUDIT 4.42 0.00 4.42
1996-1998 AUDIT 42.00 0.00 42.00
1995-1998 AUDIT 26.17 0.00 26.17
1996-1998 AUDIT 88.78 0.00 88,78
1996-1998 AUDIT 353.56 63.35 416.91
1996-1998 AUDIT 50.00 1.67 51.67
1997 AUDIT 302.00 40.25 342.25
1998 10/19/98 9.00 0.00 9.00
1996-1998 AUDIT 3.58 0.86 4.44
1996-1998 AUDIT 114.84 24.88 139.72
1996-1998 AUDIT 77.30 (61.48) 15.82
1996-1998 AUDIT 227.54 82,80 310.34
1996-1998 AUDIT 6,663.22 771.59 7,434.81
This ordinance shall be effective from date of
adoption.
The above abatement(s) to $9,193.30
City of Virginia Beach on the 10
were approved by the
day of November
Ce~difled a,~ to p.i~me~;7
Philip J.~ellar~~' ......
Commissioner of the Revenue
Approved as to form:
q.e~WL. Lille'y"'
City Attorney
Council of the
,19 98
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
BEACHUM, TAMARA HUNTER
COLE KEY CORPORATION
COLLINS, D J ET ALS
JBI INC
MODELS INCROPORARTED
PIONEER MARINE PROCUREMENT C
SANCHEZ-HUCLES JANIS V
SAWAS CHIROPRACTIC PC
SHERIKON INC
SUBS & MORE INC
TRF ENTERPRISES INC
TELEMAXX INC
TIDEWATER HEARING AID CENTERS
TIDEWATER KIRBY CO
1995-1998 AUDIT 5.34 0.00 5.34
1997-1998 AUDIT 529.62 32.25 581.87
1998-1998 AUDIT 350,43 0.00 350.43
1996-1998 AUDIT 543.28 48,42 591.70
1996-1998 AUDIT 10.21 1.47 11.68
1996-1998 AUDIT 1,828.91 132.73 1,961.64
1996-1998 AUDIT 10.00 0.50 10.50
1996-1998 AUDIT 71.03 10.02 81.05
1995-1998 AUDIT 79.51 392.94 472.45
1996-1998 AUDIT 22.33 3.16 25.49
1996-1700 AUDIT 411.57 78.96 490.53
1998 AUDIT 62.20 3.11 65.31
1996-1998 AUDIT 221.75 31.40 253.15
1996-1998 AUDIT 1,310.10 314,61 1,624.71
This ordinance shall be effective from date of
adoption.
The above abatement(s) to $6,505.85
City of Virginia Beach on the lo
were
day
Philip J.'-Kell'~im ~
Commissioner of the Revenue
Approved as to form:
LeSlie L. L-~le~' ] -- ~"~
City Attorney
approved by the Council of the
of November ,19 98
Ruth Hodges Smith
City Clerk
- $2 -
Item V-K.
PUBLIC HEARING
ITEM # 44282
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. O & R INC.
STREET CLOSURE
2. ASSOCIATION FOR RESEARCH &
ENLIGHTMENT
CONDITIONAL USE PERMIT
3. A CTORS AND ENTER TAINERS, INC
CONDITIONAL USE PERMIT
4. VIRGINIA BEACH FREE WILL BAPTIST CHURCH
CONDITIONAL USE PERMIT
5. DEMETRIOUS T. KOULOUKIS
CONDITIONAL USE PERMIT
6. SEAN K. FORSYTH AND JOSEPH HAWA
CHANGE OF ZONING
7. DANIEL PENDAR VIS III AND DALE H. PENDAR VIS
CHANGE OF ZONING
8. THE DRAGAS COMPANIES, A VIRGINIA CORPORATION CHANGE OF ZONING
November 10, 1998
- 33 -
Item V-K.
PUBLIC HEARING
ITEM # 44283
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in one
motion Items 1, 2 (DEFERRED 11/24/98), 4, 5, 6 and 7 of the PLANNING BY CONSENT.
Item K. 2. DEFERRED, BY CONSENT UNTIL THE CITY COUNCIL SESSION OF NOVEMBER 24,
1998.
Voting: 10-0
Council Members Voting Aye:
Linwood 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, Vice Mayor William D. Sessoms, Jr. and A.
M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
Mayor Oberndorf voted a VERBAL NAY on Item K. 6.
November 10, 1998
- 34 -
Item V-K. 1.
PUBLIC HEARING
ITEM # 44284
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council AUTHORIZED
FINAL APPROVAL, BY CONSENT: Ordinance in the Petition of O & R, INC., a Virginia Corporation,
for the discontinuance, closure and abandonment of a portion of Powhatan Avenue:
Ordinance upon application of 0 & R, Inc., a Virginia Corporation, for
the discontinuance, closure and abandonment ora portion of Powhatan
Avenue beginning on the west side of Powhatan Avenue and running
between Lots 1 through 4, Block 40 and Lots 6 through 14, Block 46 as
shown on the plat entitled "Survey of Right-of-Way Street Closure for a
Portion of Powhatan Avenue located between Block 40 and 46 of Ocean
Park" and recorded in Map Book 5, Page 132. Said parcel contains 35, 594
square feet. BAYSIDE BOROUGH.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Linwood 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, Vice Mayor William D. Sessoms, Jr. and A.
M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
HaroM Heischober
November 10, 1998
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING
THAT PORTION OF POWHATAN AVENUE FROM WEST STRATFORD
ROAD TO SHORE DRIVE, AS SHOWN UPON THAT CERTAIN PLAT
ENTITLED: "RESUBDIVISION OF LOTS 4-15, AND EXCESS CITY
PROPERTY, OCEAN PARK, SECTION C, BLOCK 46 (M.B. 5, PART 2,
P. 195), LOTS 1-8, OCEAN PARK SECTION B, BLOCK 40 (M.B. 5, P. 137),
AND A CLOSED PORTION OF POWHATAN AVENUE INCLUDING
THE EXCESS CITY PROPERTY WITHIN (M.B. 5, PART 2, P. 195)
(M.B. 5, P. 137)", DATED SEPTEMBER 30, 1998, AS PREPARED
BY KELLAM-GERWlTZ ENGINEERING, INC., VIRGINIA BEACH,
VIRGINIA, COPY OF WHICH IS ATTACHED HERETO AS "EXHIBIT A"
AND MADE PART HEREOF.
WHEREAS, it appearing by affidavit that proper notice has been given by
O & R, Inc., a Virginia corporation, that it would apply to the Council of the City of Virginia Beach,
Virginia, on March 3, 1998, to have the hereinafter described portion of a street discontinued,
closed, and vacated; and
WHEREAS, it is the judgment of the Council that a portion of such street be
discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the
hereinafter described portion of a street be discontinued, closed, and vacated:
THAT certain 0.688 acre portion of Powhatan Avenue from West
Stratford Road to Shore Drive, as shown upon that certain plat entitled:
"Resubdivision of Lots 4-15, and Excess City Property, Ocean Park,
Section C, Block 46 (M.B. 5, Part 2, P. 195), Lots 1-8, Ocean Park
Section B, Block 40 (M.B. 5, P. 137), and a Closed Portion of Powhatan
Avenue Including the Excess City Property Within (M.B. 5, Part 2, P.
195) (M.B. 5, P. 137" dated September 30, 1998, as prepared by Kellam-
Gerwitz Engineering, Inc., Engineering-Surveying-Planning, Virginia
Beach, Virginia, copy of which is attached hereto as "Exhibit A."
SECTION II
A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, and indexed in the name of the City of Virginia Beach
as Grantor.
Adopted by the Council of the City of Virginia Beach, Virginia, on this 10 day
of Now~r ,1998.
AUTHORIZED FINAL APPROVAL
GPIN:
O & R, INC., A VIRGINIA CORPORATION
D! SCLOSUItE STATI hIENT
I)atc: 1___2/01/97
Apifiicanl's Nall[e(s): 0 & R, Inct~_V_i_~.~nia Corporation
PARCEL ONE: Butrick Corporat±on, a Virginia Corporatic
All OwIICl'Si~d(~i,~ent~on,,,l'l~licanO: PARCEL TWO~ Hmur~'eo ~rArflle_.Newton, Mmrgaret Hanlon
Newton~ Eleanor Todd Newton Lee
Type .f Aiqfiicalion:
Rezoning: lhum B-2 '1'o
W±th PD-H2 Overlay
Comlilio.al Use Permit
A-18
Street Closulc
Subdivision Variance
Oilier
The following is lo be C.mlflcled by or for Ihe Aplflicanl
If the applicant is a COI(I'ORATION. list all the officers of the Coq~oraiion: o & R,
David S. Russotto~ President
Edward W. O'Brien, Secretary-Treasurer
INC.
If Ihe ai~lfiicanl is a I'AI~.'I'NEI~.SIIli'. I;II~.M or olhcr Unillcorl~Ol';llcd tJlganizalitm. Iisi all
members o.' paHllcrs in thc organizalion:
~ARCEL TWO~ Hauric. m McArdle Newton; garZmrm~ H~nlon Newton, R,5'by Lee E~!iott
Newton and Eleanor Todd Newton Lee, individuals
The [ollowi.g is lobe ctm~lflcletll~y.rl'or(he O~¥11erfff,liJJ~'e"tfi"m'd~eUl'l'licanO
if the o;v,cr is a CORi'OI(ATION, .list all Iht ufliccrs of Iht Coq~uralio~l: Butrick Corp.
PARCEL ONE: Lester Rickman~ Jr., President -
Sarah Louise Richman, ViCe-President, Secretary, Treasurer
If Ihe owner is a I'AI~.'i'NEIU';IIII', I;IRM .r olhcr Unincotl~t.alcd O~'g;mizaiitm, list all
members o.' part.~crs in thc orga.izali..'
Sig.alt. e
President
Tille
- 35-
Item V-K.2.
PUBLIC HEARING
ITEM # 44285
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED until
the City Council Session of November 24, 1998, Application of ASSOCIATION FOR RESEARCH &
ENLIGHTENMENT, INC., for an enlargement of a nonconforming use at the Northwest corner of
Atlantic Avenue and 67tn Street to enlarge existing facilities:
Resolution authorizing the enlargement of a nonconforming use on
property located at the northwest corner of Atlantic Avenue and 67tn Street.
DISTRICT 5 - L YNNHA VEN
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A.
M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
November 10, 1998
36-
Item V-K.3.
PUBLIC HEARING
ITEM # 44286
PLANNING
Attorney R.. J, Nutter, 4425 Corporation Lane, Phone: 518-3200, requested 30-day DEFERRAL.
Correspondence.from Good Samaritan Episcopal Church (Carol Buckalew, Senior Warden and Reverend
Alfred Wade - Interim Rector - Good Samaritan Episcopal Church), Lake Edward community, is hereby
made a part of the record
Correspondence.from Diane E. Hotaling in OPPOSITION is hereby made a part o.f the record.
Nancy E. Flynn, 613 Charles Court, Phone: 445-1314, representing the Lake Edward community and
registered in Opposition, and was not opposed to the DEFERRAL.
Upon motion by Councilman Weeks, seconded by Councilman Jones, City Council DEFERRED until the
City Council Session of November 24, 1998, Ordinance upon Application of ACTORS AND
ENTERTAINERS, INC., for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF ACTORS AND
ENTERTAINERS, INC. FOR A CONDITIONAL USE PERMIT
FOR A PRIVATE CLUB
Ordinance upon application of Actors & Entertainers, Inc., for
a Conditional Use Permit.for a private club on the east side of
Newtown Road, 250feet more or less north of Virginia Beach
Boulevard. Said parcel is located at 470 Newtown Road and
contains 1.305 acres. DISTRICT 2 - KEMPSVILLE.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara 3,1. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A.
3/[. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
HaroM Heischober
November 10, 1998
-37-
Item V-K.4.
PUBLIC HEARING
ITEM # 44287
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the
Ordinance upon application of VIRGINIA BEACH FREE WILL BAPTIST CHURCH for a Conditional
Use Permit:
ORDINANCE UPON APPLICATION OF VIRGINIA BEACH
FREE WILL BAPTIST CHURCH FOR A CONDITIONAL USE
PERMIT FOR A CHURCH (EXPANSION) RO11982234
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Virginia Beach Free Will Baptist
Church for a Conditional Use Permit for a church (expansion)
at the southeast intersection of South Witchduck Road and
Grayson Road. Said parcel is located at 210 South Witchduck
Road and contains 2 acres. DISTRICT 2 - KEMPSVILLE.
The following conditions shall be required:
The proposed building must match the materials of the existing
church to the greatest extent possible.
All new lighting for the site must be directed in toward the site,
designed and installed so as to prevent glare into the adjacent
residential area to the South.
A right-turn lane is required on South Witchduck Road for
vehicles turning right into this site. An option to the right-turn
lane is to close the entrance on Witchduck Road and install
another entrance on Grayson Road.
The site plan and rendering submitted with this request and on
file with the Planning Department shall be substantially adhered
to.
If the BMP is visible from the roadway and is a wet BMP, then it
shall be landscaped and shall not include a chain-link fence.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth Of November, Nineteen
Hundred and Ninety-Eight.
November 10, 1998
- 38-
Item V-K. 4.
PUBLIC HEARING
ITEM # 44287 (Continued)
PLANNING
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Linwood 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, Vice Mayor William D. Sessoms, Jr. and A.
M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
HaroM Heischober
November 10, 1998
- 39-
Item
PUBLIC HEARING
ITEM # 44288
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the
Ordinance upon application DEMETRIOUS T. KOULOUKIS for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF DEMETRIOUS T.
KOULOUKIS FOR A CONDITIONAL USE PERMIT FOR
MOTOR VEHICLE SALES ROl1982235
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Demetrious T. Kouloukis for a
Conditional Use Permit for motor vehicle sales on certain
property located at the southwest intersection of Virginia Beach
Boulevard and Dorset Avenue. Said parcel contains 22,977
square feet. DISTRICT 2 - KEMPSVILLE
The following conditions shah be required:
This site is for motor vehicle sales only. No additional uses,
including retail, are permitted on this site while the motor vehicle
sales use permit is active.
Prior to site plan review, the applicant shah submit a revised site
plan which clearly indicates the vehicle display area and
provides a calculation of this area.
The auto sales facility shah have no more than 31 vehicles for
sale at any time. AH vehicles for sale shah be located within the
designated vehicle display area shown on the revised site plan.
AH vehicles shah be parked on a paved surface.
4. No automobile repair will be performed on the site.
Landscaping shah be installed and maintained as depicted on the
submitted landscape plan entitled, "Landscape Plan of Theo's
Plaza II", dated 20 April 1998. In addition, 12 % of the vehicle
display area shall be landscaped.
6.
The building shah be constructed of a neutral-color split-face
block with a tile roof, as depicted on the submitted elevations on
file with the Planning Department.
7. The access point on Dorset Avenue must be exit-only and right-
turn out only.
This Ordinance shah be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth o£ November, Nineteen
Hundred and Ninetv-Eight.
November 10, 1998
- 40 -
Item V-K. 5.
PUBLIC HEARING
ITEM # 44288 (Continued)
PLANNING
10-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba $. McClanan, Mayor Meyera E.
Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A.
3/1. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
November 10, 1998
- 41 -
Item V-K. 6.
PUBLIC HEARING
ITEM # 44289
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the
Ordinance upon application of SEAN K. FORSYTH AND JOSEPH HA WA for a Change of Zoning:
ORDINANCE UPON APPLICATION OF SEAN K. FORSYTH
AND JOSEPH HA WA FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM CONDITIONAL B-1 AND
CONDITIONAL AG-1 TO I-1 Z011981118
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Sean K. Forsyth and Joseph
Hawa for a Change of Zoning District Classification from
Conditional B-1 Neighborhood Business District and Conditional
AG-1 Agricultural District to I-1 Light Industrial District on
certain property located on the west side of Birdneck Road
beginning at a point 840feet more or less north of Bells Road.
The proposed zoning classification to I-1 is for light industrial
land use. The Comprehensive Plan recommends use of this
parcel for business parks, offices and appropriately located
industrial uses in accordance with other plan policies. Said
parcel contains 9.59 acres. DISTRICT 6 - BEACH.
This Ordinance shall be effective in accordance with Section 107 (J~ of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of November, Nineteen
Hundred and NineW_ -Eight.
Voting:
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Nancy K. Parker,
Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
Mayor Meyera E. Oberndorf
Council Members Absent:
Harold Heischober
November 10, 1998
- 42 -
Item V-K. 7
PUBLIC HEARING
ITEM # 44290
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the
Ordinance upon application of DANIEL (lid and DALE H. PENDAR ViS for a Change of Zoning District
Classification:
ORDINANCE UPONAPPLICA TION OF DANIEL PENDAR VIS,
III & DALE H. PENDARVIS FOR A CHANGE OF ZONING
FROMR-20 to R-15 Z011981119
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Daniel Pendarvis, III & Dale H.
Pendarvis for a Change of Zoning District Classi. fication from R-
20 Residential District to R-15 Residential District on the east
side of Green Hill Road, south of Duke of Norfolk Quay. The
proposed zoning classification change to R- 15 is for single family
residential land use on lots no less than 15,000 square feet. The
Comprehensive Plan recommends use of this parcel for suburban
residential/low density that is compatible with single-family use
in accordance with other plan policies. Said parcel is located at
1725 Green Hill Road and contains 19,994.04 square feet.
DISTRICT 5 - L YNNHA VEN
This Ordinance shah be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of November, Nineteen
Hundred and Ninety-Eight.
Voting: 10-0
Council Members Voting Aye:
Linwood 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, Vice Mayor William D. Sessoms, Jr. and A.
34. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
November 10, 1998
- 43 -
Item V-K. 8
PUBLIC HEARING ITEM # 44291
PLANNING
Attorney R. E. Bourdon, Pembroke One, Fifth Floor, Phone; 499-8971, represented the applicant
Joe Mends, 1665 Salem Road, landowner and seller of the property
A motion was made by Council Lady Eure, seconded by Councilman Harrison to ADOPT an Ordinance
upon application of THE DRAGAS COMPANIES, a Virginia Corporation, for a Conditional Change of
Zoning District Classification:
ORDINANCE UPON APPLICATION OF THE DRAGAS
COMPANIES, A VIRGINIA CORPORATION, FOR A CHANGE
OF ZONING FROM R-lO TO CONDITIONAL A-12
Ordinance upon application of The Dragas Companies, a
Virginia Corporation, for a Change of Zoning District
Classification from R-10 Residential District to Conditional A-12
Apartment District on certain property located on the west side
of Salem Road beginning at a point 820feet more or less south
of Lynnhaven Parkway. The proposed zoning classification
change to Conditional A-12 is for multi-family land use at a
density no greater than 12 dwelling units per acre. The
Comprehensive Plan recommends use of this parcel for suburban
residential at densities that are compatible with single-family use
in accordance with other Plan policies. Said parcel contains
15.077 acres. DISTRICT 1 - CENTER VILLE.
Voting:
4-5 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley and Vice
Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
Linwood O. Branch, III, Louis R. Jones, Reba S. McClanan,
Meyera E. Oberndorf and A. M. "Don" Weeks
Mayor
Council Members Abstaining:
Nancy K. Parker
Council Members Absent:
HaroM Heischober
Councilman Jones DISCLOSED pursuant to Section 2.1-639.14(G), Code of Virginia, he owns a parcel of
property which is in close proximity to the subject parcel which is the subject of this application. However,
the City Attorney has advised him that he is a member of a group of other persons who also own property
in close proximity to the subject property. Councilman Jones wishes to disclose this interest as it does not
meet the criteria of personal interest and DECLARE that he is able to participate in this transaction fairly,
objectively, and in the best public interest.
Council Lady Parker ABSTAINED as she and her husband have a business relationship with the applicant.
November I0, 1998
- 44 -
Item V-L. 1.
APPOINTMENTS
ITEM # 44292
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HISTORICAL REVIEW BOARD
November 10, 1998
- 45 -
Item V-O.
ADJOURNMENT
ITEM # 44293
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 3:42 P.M.
· Hooks, CMC/AAE
Chief Deputy City Clerk
Ruth Hodges Smith, CMC/AAE
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
November 10, 1998