HomeMy WebLinkAboutFEBRUARY 13, 2001 MINUTESC. itv Virginia
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E OBERNDORF, At-Large
VICE MAYOR WILLIAM D SESSOMS, JR, At-Large
LINWOOD 0 BRANCH, !!!, Beach - District 6
MARGARET L EURE, Centervdle -Dtstrtct 1
WILLIAM W HARRISON, JR, Lynnhaven -Dtstnct 5
BARBARA M HENLEY, Pnncess Anne -Dtstrtct 7
LOUIS R JONES, Baystde - District 4
REBA S McCLANAN, Rose Hall -Dtstrtct 3
ROBERT C MANDIGO, JR, Kempsvtlle - District 2
NANCY K PARKER, At-Large
ROSEMARY WILSON, At-Large
JAMES K SPORE, City Manager
LESLIE L LILLEY, City Attorney
RUTH HODGES-SMITH. MMC, City Clerk
CITY COUNCIL AGENDA
CITY HALL BUILDING !
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE (757) 427-4304
FAX (757) 426-5669
EMAIL Ctycncl~ctty vtrgtnta-beach va us
February 13, 2001
I. CITY MANAGER'S BRIEFING
- Conference Room -
11:30 AM
A,
TOWN CENTER AGREEMENT
Leshe Lilley, City Attorney
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
- Conference Room -
I:00PM
A. CALL TO ORDER- Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
Citizens may register to address City Council for a limited time on any Item on the
Formal Council Agenda. Speakers may register immediately prior to
the meeting or, in advance, by calling the City Clerk's Office at 427-4303
V. FORMAL SESSION
- Council Chamber-
2:00 PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. INVOCATION:
Father John Baldwin
Emmanuel Episcopal Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. SPECIAL FORMAL SESSION
January 30, 2001
2. INFORMAL & FORMAL SESSIONS
February 6, 2001
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 Ctty Council to be enacted by one motion.
H. ORDINANCES/RESOLUTION
1. Ordinances re the City Code:
a. AMEND § 5-5 re control of dangerous and vicious dogs
b.
AMEND § 6-10 re use of roller skates, skateboards, or any similar device on
wheels or runners in the Resort Area
C,
ADD § 21-321.2 re non prepayable fines for exceeding the maximum speed limit
in designated neighborhoods
.
Ordinance to APPROPRIATE $239,111 from the General Fund to the City's Emergency
FEMA fund re repaying disallowed Hurricane Bonnie cost reimbursements to Virginia
Emergency Management.
.
Ordinance to APPROPRIATE $5,200 from the Francis Land House Trust Fund to the
Department of Museums and Cultural Arts re programs, events and general operating
expenses at the Francis Land House.
4. Ordinances re Stumpy Lake property and acquisition of approximately 1400 acres:
a.
Settlement Agreement between the Cities of Virginia Beach and Norfolk including
associated pipeline parcels and a 49-acre parcel at Gum Swamp
b. TRANSFER $4.1-Million various capital projects
.
Ordinance re amendments re the water services contract between the Cities of Virginia
Beach and Norfolk; authorizing the City Manager to execute an amended contract
incorporating same retroactive to July 1, 1995.
.
Ordinance re a First Supplement to the Town Center Agreement, recommending execution
by the Virginia Beach Development Authority (VBDA); and, authorizing the City Manager
to execute an amended Agreement supporting the Authority's obligations.
.
Ordinance to authorize and direct the City Manager to execute a Deed of Release and
Exchange re agricultural lands preservation easement located on the land owned by the
Ralph Lee Frost Trust.
8. Ordinance to RATIFY revisions to the rules and regulations re auxiliary police officers.
0
Resolution to ACCEPT the Virginia Beach Outdoors Plan 2000 Update as a guidance
document for open space and recreational planning, and; integrate thc plan as part of the
next revision to the City's Comprehensive Plan.
PLANNING
PL4NNING BY CONSENT- To be determined during the Agenda Review Session.
Application of RCR MANAGEMENT COMPANY, INC., for a MODIFICATION to the Green
Run Land Use Plan to allow motor vehicle rentals (trucks) at the northwest comer of Lynnhaven
Parkway an Primrose Lane (1401 Lynnhaven Parkway), containing 3 797 acres (DISTRICT 3 -
ROSEHALL).
[Applicant requests further deferral]
Deferred: 9 January 2001
Recommendation: APPROVAL
.
Application of SAIR ENTERPRISES, INC., for a Conditional Use Permit re an automobile
service station with a convenience store, automotive repair and storage at the northwest
comer of "South Lynnhaven Road and Silina Drive (3096 South Lynnhaven Road),
containing 41,599.8 square feet. (DISTRICT 3 - ROSE HALL).
Deferred:
Staff Recommendation
Recommendation:
23 January 2001
APPROVE ONLY auto service
station/convenience store
APPROVAL
.
Application of COMMUNITY UNITED METHODIST CHURCH, Thomas $. Ward, Building
Chatrman, for a Conditional Use Permit re a church addition on the northeast and southeast comers
of Old Kempsville Road and Alton Road (1072 Old Kempsville Road), containing 2.3 acres.
(DISTRICT 2 - KEMPSVILLE)
Recommendation:
APPROVAL
.
Application of UNITED PENTECOSTAL CHURCH OF VIRGINIA BEACH for a Conditional
Use Permit re a church on the south side of Princess Anne Road, east of S. Parliament Drive (5277
Princess Anne Road), containing 4,794 square feet. (DISTRICT 2 - KEMPSVILLE)
Recommendation:
APPROVAL
Application of SBA COMMUNICATIONS CORPORATION lC. E. FOREHAND, IH, for a
Conditional Use Permit re a communications tower on the south side of Land of Promise Road,
1265 feet west of Blackwater Road (3161 Land of Promise Road), containing 92.6 acres.
(DISTRICT 7 - PRINCESS ANNE)
Recommendation:
APPROVAL
,
Application of RI-IE~ HARVEST CHURCH for a Conditional Use Permit re a church at the
eastern extremity of Connie Lane, containing 2 acres. (DISTRICT 4 - BAYSIDE)
Recommendation:
APPROVAL
Applications of JAY BAROT re the northwest comer of Northampton Boulevard and Burton Station
Road, containing 2.1 acres (DISTRICT 4 - BAYSIDE).
Change of Zoning District Classification from B-2 Community Business District, 0-2 Office
D~str~ct and I-1 Ltght industrial District to Condtttonal I-1 £tght Industrtal Dtstrtct
b. Conditional Use Permit for a hotel
Recommendation: APPROVAL
J.
K.
L.
M,
.
Applications of BILLY W. CHAPLAIN re the southwest comer of Virginia Beach Boulevard and
Washington Avenue (District 6 - BEACH):
Change of Zoning District Classifications from A-12 Apartment District and RT-3 Resort
Tourtst District to Conditional B-2 Communtty Business Dtstrtct, containing 23,850 square
feet
b.
Conditional Use Permit for a bulk storage yard at 849 and 853 Virginia Beach Boulevard,
containing 19,000 square feet.
Recommendation:
APPROVAL
APPOINTMENTS
COMMUNITY SERVICES BOARD (CSB)
FRANCIS LAND HOUSE BOARD OF GOVERNORS
THE PLANNING COUNCIL
VIRGINIA BEACH HEALTH SERVICES ADVISORY BOARD
UNFINISHED BUSINESS
NEW BUSINESS
1. ABSTRACT OF CIVIL CASES RESOLVED - January 2001
ADJOURNMENT
SCHEDULE: RESOURCE MANAGEMENT PROCESS
I Top,c ] Location I Date/Time
City Manager's Proposed FY 2001-02 Resource Management Plan Presentation: March 27th
Councd Chamber
Economic Vitality/Safe Community/Policy & Decision Support Workshop: Conference Room April 3"~
Quahty Education for Lifetime Learning Workshop: Conference Room April lOta
Proposed FY 2001-02 Resource Management Plan Public Hearing. April 12th
To Be Announced
Quality Physical Environment/Operational Support Workshop: Conference Room April 17th
Cultural & Recreational Opportunities/Family Youth Opportunities Workshop: Conference Room April 24t~
Proposed FY 2001-02 Resource Management Plan Public Hearing' 2PM April 24t~
Councd Chamber
Reconciliation Workshop. Conference Room May 8ta
Resource Manal~ement Plan Councd Chamber May 15t~
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)
02/05/01SLB
AGENDA\02/13/0 I
www virginia-beach va.us
MINUTES
VIRGINIA BEACH CITY COUNCIL
V~rg~nia Beach, V~rgima
February 13, 2001
Mayor Meyera E Oberndorf called to order the REI/IEI'FOF,4GEND,~ ITEMS tn the Council Conference
Room, Ctty Hall Butldtng, on Tuesday, February 13, 2001, at 11 30 A M
Counctl Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts
R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera
E Oberndorf, Nancy K Parker, l/tceMayor lYilham D Sessoms, Jr
and Rosemary Wtlson
Counctl Members Absent
Wtlham I'V Harrison, dr [ENTERED 11 55 A MI
-2-
CITY MANAGER'S BRIEFING
TO WN CENTER AGREEMENT
ITEM # 4 7724
BY CONSENSUS, the Ctty Attorney's Brtefing relative the TOWN CENTER AGREEMENT was
rescheduled for the Formal Sesston (see ITEM # 47752)
February 13, 2001
-3-
AGENDA RE VIEW SESSION
ll:30 A.M.
ITEM # 4 7725
H 10rdtnance re Ctty Code
c ADD,~ 21-321 2 re nonprepayablefinesfor excee&ng the maximum
speed limit tn destgnated neighborhoods
Mayor Oberndorf referenced E-mad correspondence from Harris Road restdents advtstng the restdents chd
not recetve advance nottce of thts ttem appeartng on the Agenda Vtce Mayor Sessoms also referenced
concerns relattve Middle Plantation restdents and thetr concern re Harris Road.
Counctlman Jones advtsed L & J Gardens and Lake Shores are tn favor of same
John Herzke, Ctty Engtneer, advtsed that speedtng on streets tn certatn restdenttal areas ts extremely htgh,
espectally under ctrcumstances where the street serves as a connector between two artertal htghways
Increasmg the fine of persons who speed on such streets would help reduce the number of violations
Pursuant to 3~ 46 2-878 2 of the Code of Vtrgmta, the Ctty of Vtrgtnta Beach can destgnate these problem
streets by ordtnance and provtde that the fine for a speechng vtolatton on such streets ts not pre-palpable
Harris Road has been a controverstal tssue The Board of Dtrectors of Mtddle Plantatton Civic League
voted unantmously to tnclude Harris Road tn the "Traffic Calming Program" The Ctty staff then polled
the remainder of the restdents that hve on Harris Road, but are outstde the Mtddle Plantation netghborhood
The majority of these restdents outstde the Mtddle Plantatton netghborhood were tn opposttton The Ctty
staff has conferred wtth all the Civic Leagues and restdents mvolved wtth thts ordmance and the rematnder
affected are tn support of the Ordtnance Should Ctty Counctl destre, any street may be deleted from thts
Ordtnance Upon adoptton, this ordtnance would be effecttve tmmedtately and stgns would be posted prtor
to enforcement
Counctl Lady Parker beheves there could be many streets added to thts ordinance Counctl Lady Parker
advtsed tn Vtenna, and Charlotte, there are "speed humps" to slow down traffic Mr Herzke advtsed the
optton for "speed humps" ts tn the "Traffic Calming Program" However, there ts mtxed reaction among
the restdents concermng thts type of control A Moratorium extsts tn Maryland relattve the "speed humps"
Whtle these tend to reduce speeds, there ts a norse factor and spee&ng extsts between the humps There ts
a poun&ng on the pavement tfa truck or van goes over these humps
ITEM # 4 7726
H40rdtnances re Stumpy Lake property and acqutsttton of
appror~tmately 1400 acres
Settlement Agreement between the Ctttes of Vtrgtnta Beach and
Norfolk tncluchng assoctated ptpehne parcels and a 49-acre
parcel at Gum Swamp
b TRANSFER $4 1-Mtlhon vartous capttalprojects
The Cay Attorney dtstrtbuted an AMENDED Ordtnance to Transfer $4 I-MILLION from Various Capital
ProJects Thts amendment changes one of the sources of fundtng
1 $365, O00from CIP #4-P, 12, ]¥iiiccs$ Aiiiie Park #3-432, Pohce
Mounted Patrol Facthty
Thts ttem wtll be dtscussed durtng the Formal Sesston
February 13, 2001
-4-
AGENDA RE VIEW SESSION
ITEM # 47727
H70rdtnance to authortze and dtrect the Ctty Manager to execute
a Deed of Release and Exchange re agricultural lands
preservation easement (ARP) located on the land owned by the
Ralph Lee Frost Trust
Counctl Lady Henley advtsed thts ttem must be constdered tn conjunctton wtth the Apphcatton of SBA
COMMUNICATIONS CORPORATION lC. E. FOREHAND, III, for a Con&ttonal Use Permtt re a
communtcattons tower on the south stde of Land of Promtse Road, 1265feet west of Blackwater Road (3161
Land of Promtse Road), contatntng 92 6 acres (DISTRICT 7- PRINCESS ANNE) (Item 13 - PLANNING)
ITEM # 4 7728
H9 Resolution to ACCEPT the Virginia Beach Outdoors Plan 2000
Update as a gutdance document for open space and recreattonal
planntng, and, integrate the Plan as part of the next revtston to
the City's Comprehensive Plan
Counctl Lady Henley advtsed thts was a momentous dectston and deserves a separate vote Counctl Lady
Henley beheves a dectston ts needed rather qutckly relattve who would be the oversight Ctty Department
and the Commtttee Counctl Lady Henley would hke thts Committee appotnted by Ctty Counctl, however,
they would report to the Parks and Recreatton Commtsston and forward thetr recommendatton to the Ctty
Counctl On October 24, 2000, when Ctty Council ADOPTED the By-Laws for the Parks and Recreatton
Commtsston, all references to "open space" were deleted from thepurpose of the Commtsston Counctl Lady
Henley would hke these references retnstated and scheduled for a future agenda
ITEM # 4 7729
BY CONSENSUS, the followtng shall compose the CONSENT AGENDA:
ORDINANCES/RESOL UTION
H 10r&nances re the Cay Code
a AMEND 3~ 5-5 re control of dangerous and vicious dogs
b. AMEND 3~ 6-10 re use of roller skates, skateboards, or any
stmtlar devtce on wheels or runners tn the Resort Area
H2
Ordtnance to APPROPRIATE $239,11 l from the General Fund
to the Ctty's Emergency FEMA fund re repaytng &sallowed
Hurricane Bonnie cost reimbursements to Vtrgtnta Emergency
Management
H3
Ordtnance to APPROPRIATE $5,200 from the Francts Land
House Trust Fund to the Department of Museums and Cultural
Arts re programs, events and general operating expenses at the
Francts Land House.
H 50rdtnance amendments re the water services contract between
the Ctttes of Vtrgtnta Beach and Norfolk, authortztng the Ctty
Manager to execute an amended contract tncorporattng same
retroacttve to duly 1, 1995
1 8 Ordtnance to RATIFY revtstons to the rules and regulattons re
auxiliary police officers
February 13, 2001
-5-
AGENDA RE VIE W SESSION
ITEM # 4 7730
II
Apphcatton of RCR MANAGEMENT COMPANY, INC., for a
MODIFICATION to the Green Run Land Use Plan to allow
motor vehtcle rentals (trucks) at the northwest corner of
Lynnhaven Parkway an Prtmrose Lane (1401 Lynnhaven
Parkway), containing 3 797 acres (DISTRICT 3 - ROSEHALL)
Counctl Lady McClanan advtsed she wtll be maktng a MOTION to DENY thts apphcatton The Planntng
Commtsston has advtsed the apphcant to dtspense with thetr motor vehtcle rentals (Ryder trucks)
Correspondence was recetved from Prtsctlla M Beede, Prestdent- Green Run Homes Assoctatton, tn
opposttton to thts truck rental operatton
ITEM # 4 7731
12
Apphcatton of SAIR ENTERPRISES, INC., for a Condtttonal
Use Permtt re an automobtle servtce statton wtth a conventence
store, automottve repatr and storage at the northwest corner of
"South Lynnhaven Road and Sthna Drtve (3096 South Lynnhaven
Road), contatmng 41,599 8 square feet (DISTRICT 3 - ROSE
HALL)
Counctl Lady McClanan dtstrtbuted revtsed condtttons recetved from the apphcant Counctl Lady
McClanan advtsed thts ts an extsttng servtce statton and she would prefer to have bustness conttnue on thts
stte rather than have the statton empty Council Lady McClanan expressed concerns relative the appearance
of the automobtle servtce statton It has not been a "beauty spot"for the Ctty
15
ITEM # 4 7732
Apphcatton of SBA COMMUNICATIONS CORPORA TION /C.
E. FOREHAND, III, for a Condtttonal Use Permtt re a
commumcattons tower on the south stde of Land of Promtse
Road, 1265feet west of Blackwater Road (3161 Land of Promtse
Road). contatntng 92 6 acres (DISTRICT 7- PRINCESSANNE)
Counctl Lady Henley advtsed thts ttem wtll be constdered tn conjunctton wtth the Or&nance to authortze
and chrect the Ctty Manager to execute a Deed of Release and Exchange re agricultural lands preservation
easement (ARP) located on the land owned by the Ralph Lee Frost Trust Counctl Lady Henley advtsed a
Mr Carl Lankford wtshes to speak on this apphcatton as he feels hts stte ts a preferable loatton
ITEM # 4 7733
Apphcattons of BILL Y W. CHAPLAIN re the southwest corner
of Vtrgtnta Beach Boulevard and Washtngton Avenue (Dtstrtct 6
- BEACH).
Change of Zontng Dtstrtct Classtficattons from A-12 Apartment
Dtstrtct and RT-3 Resort Tourist Dtstrtct to Condtttonal B-2
Commumty Bustness Dtstrtct, contatntng 23,850 square feet
b Con&ttonal Use Permttfor a bulk storage yard at 849 and 853
Vtrgtnta Beach Boulevard, contatntng 19, 000 square feet
Counctlman Branch referenced the chsagreement between the Planntng staff and the Planntng Commtsston
relattve thts apphcatton Counctlman Branch requested Robert Scott, Dtrector of Planntng, advtse Ctty
Counctl durtng the Formal Sesston relattve the staff's recommendatton.
February 13, 2001
-6-
AGENDA RE VIEWSESSION
ITEM # 4 7734
B Y CONSENSUS, the following shall compose the PLANNING B Y CONSENT:
13
14
17
Apphcatton of COMMUNITY UNITED METHODIST
CHURCH, Thomas S Ward, Bmldmg Chatrman, for a
Condtttonal Use Permtt re a church addttton on the northeast
and southeast corners of Old Kempsvtlle Road and Alton Road
(1072 OM Kempsvdle Road), contamtng 2 3 acres (DISTRICT
2 - KEMPSVILLE)
Apphcatton of UNITED PENTECOSTAL CHURCH OF
VIRGINIA BEA CH for a Condtttonal Use Permtt re a church on
the south side of Princess Anne Road, east ors Parhament Drtve
(5277 Prtncess Anne Road), contammg 4,794 square feet
(DISTRICT 2 - KEMPSVILLE)
Apphcattons of JAY BAROT re the northwest corner of
Northampton Boulevard and Burton Statton Road, contatntng 2 1
acres (DISTRICT 4 - BA YSIDE)
Change of Zonmg Dtstrtct Classification from B-2 Ctqmmuntty
Bustness Dtstrtct, 0-2 Office Dtstrtct and I-1 LtghI Jndustrtal
Dtstrtct to Conditional I-1 Ltght Industrtal Dtstrtct[
b Condtttonal Use Permttfor a hotel
February 13, 2001
-7-
CITY COUNCIL COMMENTS
12:00 NOON
ITEM # 4 7735
Councd Lady Henley wdl sponsor Eugene Hansen under NEW BUSINESS relattve the assessment and
taxing fencing around his horse farm. Correspondence from Mr Hansen has previously been forwarded
to the City Councd
ITEM # 4 7736
Councd Lady Parker tnqutred concernmg
H 10r&nance re the Cay Code
b AMEND ~ 6-10 re use of roller skates, skateboards, or any
stmtlar devtce on wheels or runners tn the Resort Area
The Ctty Manager advtsed as the small-wheeled devtces commonly referred to as "scooters" are not
spectfically mcorporated mto the Code, these wheels can come loose and may hurt an mdtvtdual Councd
Lady Parker mqutred whether these acttvtttes should be denoted as hmtted to certatn hours of each day
Councdman Branch suggested the Resort Advtsory Commtsston revtew the Ordtnance
ITEM # 47737
Councd Lady Parker referenced Resolutton to ADOPT "Gutdehnes for Evaluation of Investment
Partnershtps for Economtc Development", and, utthze the pohcy when evaluattng potenttal investment
partnerships whtch had been DEFERRED by City Councd on January 23, 2001 Councd Lady Parker had
conferred wtth the Ctty Manager and expressed concern relattve tncludmg a dtsclosure relattve proposed
bustness partners tn the Gutdehnes By this inclusion, Councd Members would be aware of any issues which
mtght be tmportant to Councd 's dectston The Ctty Manager advtsed the staff ts revtewtng these Gutdehnes
and he ts hopeful this ttem will be SCHEDULED for the City Councd Session of February 27, 2001
Council Lady McClanan wall forward her concerns to the City Manager relattve thts Pohcy
February 13, 2001
-8-
ITEM # 4 7738
Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Ctty Councd Conference Room, Ctty Hall Budding, on Tuesday, February 13, 2001, at
12 03PM
Councd Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce
Mayor Wdham D Sessoms, Jr and Rosemary Wdson
Councd Members Absent
None
February 13, 2001
-9-
ITEM # 4 7739
Mayor Oberndorf entertatned a motton to permtt Ctty Councd to conduct tts CLOSED SESSION, pursuant
to Sectton 2 1-344(A), Code of Vtrgmta, as amended, for the followtng purpose
PERSONNEL MAITERS Dtscusston, constderatton or tntervtews of
prospecttve can&dates for employment, asstgnment, appotntment,
promotton, performance, demotton, salartes, dtsctphmng, or restgnatton
of specific pubhc officers, appotntees, or employees pursuant to Sectton
2 1-344 (A) (1)
To Wtt
Boards and Commtsstons
Communtty Servtces Board
Francts Land House Board of Governors
The Planntng Councd
Human Rtghts Commtsston
Vtrgtnta Beach Health Servtces Advtsory Board
PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the
acqutsmon of real property for a pubhc purpose, or of the dtsposmon of
pubhcly-held real property, where dtscusston tn an open meettng would
adversely affect the bargamtng postaon or negottatmg strategy of the
pubhc body pursuant to Sectton 2 1-344(A)(3)
To- Wtt Rudee Loop ProJect
LEGAL MA TTERS Consultatton with legal counsel or brtefings by staff
members, consultants, or attorneys pertatntng to actual or probable
httgatton, or other spectfic legal matters requtrtng the provtston of legal
advtce by counsel pursuant to Sectton 2 1-344(A)(7)
To-t/Vtt
Contractual Issues 31s' Street ProJect
Town Center ProJect
Upon motton by Vtce Mayor Sessoms, seconded by Councd Lady Eure, Ctty Councd voted to proceed tnto
CLOSED SESSION.
Vottng 10-0
Councd Members Vottng Aye
Margaret L Eure, Wdham W Harrison, Jr, Barbara M Henley, Louts
R clones, Reba S McClanan, Robert C Man&go, dr, Mayor Meyera E
Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms, dr and
Rosemary Wdson
Councd Members Vottng Nay
None
Councd Members Absent
Ltnwood 0 Branch, III
(Time of Closed Session: 12:03 P.M. to 2:26 P.M.)
February 13, 2001
- lO-
FORMAL SESSION
VIRGINIA BEA CH CITY COUNCIL
February 13, 2001
2:30 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Counctl Chamber, Ctty Hall Butldmg, on Tuesday, February 13, 2001, at 2 30 P M
Counctl Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce
Mayor Wdham D Sessoms, Jr and Rosemary Wtlson
Council Members Absent
None
INVOCATION
Father John Baldwtn
Emmanuel Eptscopal Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, betng a Corporate Officer of Wachovta Bank, DISCLOSED there were no matters on
the agenda tn whtch he has a "personal tnterest", as defined tn the Act, etther tndtvtdually or tn hts capacity
as an officer of Wachovta Bank The Vice Mayor regularly makes thts Dtsclosure as he may not know of the
Bank's tnterest tn any apphcatton that may come before Ctty Counctl Vice Mayor Sessoms' letter of January
2, 2001, ts hereby made a part of the record
February 13, 2001
Item V-E.
-11-
CER TIFICA TION OF
CLOSED SESSION
ITEM # 4 7740
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc business matters lawfully exempted from Open Meettng
requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch
thts certtficatton resolution apphes,
AND,
Only such pubhc bustness matters as were tdenttfied tn the motion
conventng the Closed Sesston were heard, dtscussed or constdered by
Virginia Beach Ctty Counctl
Vottng 11-0
Counctl Members I/'ottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
February 13, 2001
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 47739, page 9, and in accordance w~th the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virgima law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council h, ereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
R~th Hodges S~ith, MMC
City Clerk
February 13, 2001
Item V-F.I.
- 12-
MINUTES
ITEM # 4 7741
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED the
Mmutes of the SPECIAL FORMAL SESSION of January 30, 2001.
l/ottng 10-0
Counctl Members l/ottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf Vice Mayor Wtlham D
Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Abstatntng
Nancy K Parker
Counctl Members Absent
None
Counctl Lady Parker ABSTAINED as she was not tn attendance durtng the Spectal Ctty Counctl Sesston
of January 30, 2001
February 13, 2001
Item V-F. 2.
- 13-
MINUTES
ITEM # 4 7742
Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, Ctty Counctl APPROVED the
Mtnutes of the FORMAL SESSION of February 6, 2001.
l/ottng 11-0
Counctl Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Vgtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary PVtlson
Council Members Voting Nay
None
Counctl Members Absent
None
February 13, 2001
-14-
~em ~G
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 4 7743
B Y CONSENSUS, Ctty Councd ADOPTED:
AGENDA FOR THE FORMAL SESSION
February 13, 2001
- 15-
Item V-H.
ORDINANCES/RES OL UTION
ITEM # 4 7744
Upon motton by Vice Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED IN
ONE MOTION, Ordtnances/Resolutton lb, 2, 3, 5 and 8 of the CONSENTAGENDA.
Vottng 11-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Voting Nay
None
Councd Members Absent
None
February 13, 2001
Item V-H.I.a.
-16-
ORDINANCES~RES OL U TION
ITEM # 4 7745
Btll Neely, Pubhc Affatrs Co-or&nator- PETA, 490 Ptney Branch Court, Apartment 103, Phone 622- 7382
Ext 502, spoke tn SUPPORTof the Or&nance
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Or&nance to AMEND Ctty Code 3~ 5-5 re control of dangerous and
vicious dogs
Vottng 11-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
February 13, 2001
AN ORDINANCE TO AMEND SECTION 5-5 OF
THE CITY CODE PERTAINING TO THE
CONTROL OF DANGEROUS AND VICIOUS
DOGS
SECTION AMENDED: 5-5
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
8 VIRGINIA BEACH, VIRGINIA:
That Section 5-5 of the Code of the City of Virginia
10 Beach is hereby amended and reordained to read as follows:
11
12
13
14
15
16
17
18
19
20 Sec. 5-5. Control of dangerous or vicious doq~
21
(a) Definitions. As used in this section, each of the
22 following terms shall have the meaning respectively ascribed
23 thereto:
24
"Dangerous dog" means a canine or canine crossbreed which has
25 bitten, attacked, or inflicted injury on a person or companion
26 animal, other than a dog, or killed a companion animal.
27
"Owner" shall include any person who (i) has a right of
28 property in; (ii) keeps or harbors; (iii) has in his or her care;
29 (iv) acts as custodian of; or (v) permits to remain on or about his
30 or her premises, any dangerous or vicious dog.
31
"Vicious dog" means a canine or canine crossbreed which has
32 (i) killed a person; (ii) inflicted serious injury to a person,
33 includinq multiple bites, serious disfiqurement, serious impairment
34 of health or serious impairment of a bodily function; or (iii)
35 continued to exhibit the type of behavior which resulted in a
36 previous findinq by a court that it is a danqerous doq, provided
37 that its owner has been qiven notice of that findinq.
38
(b) Any animal control officer who has reason to believe
39 after investiqation that a canine or canine crossbreed within his
40 or her jurisdiction is a danqerous or vicious dog shall apply to a
41 magistrate of the City of Virqinia Beach for the issuance of a
42 summons requirinq the owner, if known, to appear before the general
43 district court at a specified time. The summons shall advise the
44 owner of the nature of the proceedinq and the matters at issue.
45 The animal control officer shall confine the animal until such time
46 as evidence shall be heard and a verdict rendered. If the animal
47 control officer determines that the owner can confine the animal in
48 a manner that protects the public safety, he or she may permit the
49 owner to confine the animal until such time as evidence shall be
50 heard and a verdict rendered. The court, through its contempt
51 powers, may compel the owner of the animal to produce the animal.
52 If, after hearing the evidence, the court finds that the animal is
53 a danqerous doq, the court shall order the animal's owner to comply
54 with the appropriate provisions of this ordinance. If, after
55 hearinq the evidence, the court finds that the animal is a vicious
56 doq, the court shall order that the animal be euthanized in
57 accordance with the provisions of Code of Virqinia Section 3.1-
58 796.119, as amended.
59
(c) No canine or canine crossbreed shall be found to be a
60 danqerous or vicious doq solely because it is a particular breed.
61 No animal shall be found to be a danqerous or vicious doq if the
62 threat, injury or damaqe was sustained by a person who was (i)
63 committing, at the time, a crime upon the premises occupied by the
64 animal's owner; (ii) committinq, at the time, a willful trespass or
65 other tort upon the premises occupied by the animal's owner; or
66 (iii) provokinq, tormentinq or physically abusing the animal, or
67 can be shown to have repeatedly provoked, tormented, abused or
68 assaulted the animal at other times. No police doq engaqed in the
69 performance of its duties as such at the time of the acts
70 complained of shall be found to be a danqerous or vicious dog. No
71 animal which, at the time of the acts complained of, was responding
72 to pain or injury, or was protectinq itself, its kennel, its
73 offspring, or its owner or owner's property, shall be found to be
74 a danqerous or vicious doq.
75
(d) The owner of any animal found to be a danqerous doq
76 shall, within ten (10) days of such findinq, obtain from the
77 superintendent of the bureau of animal control, for a fee of fifty
78 dollars ($50.00), a danqerous doq registration certificate and a
79 tag identifying the animal as a dangerous dog. This fee shall be
80 in addition to other required fees. The owner shall affix the taq
81 to the animal's collar and ensure that the animal wears the collar
82 and taq at all times.
83
(e) Ail certificates obtained pursuant to this section shall
84 be renewed annually for the same fee and in the same manner as the
85 initial certificate was obtained. Certificates or renewals thereof
86 required pursuant to this section shall only be issued to persons
87 eiqhteen (18) years of aqe or older, who present satisfactory
88 evidence (i) of the animal's current rabies vaccination, if
89 applicable; and (ii) that the animal is and will be confined in a
90 proper enclosure, or is and will be confined inside the owner's
91 residence, or is and will be muzzled and confined in the owner's
92 fenced-in yard until a proper enclosure is constructed.
93 Additionally, any owner who applies for a certificate or renewal
94 thereof under this section shall not be issued a certificate or
95 renewal thereof unless he or she presents satisfactory evidence
96 that (i) his or her residence is and will continue to be posted
97 with clearly visible signs warninq both minors and adults of the
98 presence of a danqerous doq on the property; and (ii) the animal
99 has been permanently identified by means of a tattoo on the inside
100 thiqh or by electronic implantation. Any certificate or renewal
101 thereof required to be obtained under this section shall only be
102 issued to a person who presents satisfactory evidence that (i) the
103 animal has been neutered or spayed; and (ii) he or she has obtained
104 liability insurance coveraqe for animal bites, at policy limits of
105 at least $50,000.
106
(f) While on the property of its owner, an animal found to be
107 a danqerous doq shall be confined (i) indoors; or (ii) in a
108 securely enclosed and locked structure of sufficient heiqht and
109 design to prevent such doq's escape or direct contact with minors,
110 adults, or other animals. The structure shall be desiqned to (i)
111 prevent entry by persons other than the owner or his or her aqent;
112 and (ii) provide the animal with shelter from the elements of
113 nature. When off its owner's property, an animal found to be a
114 danqerous doq shall be kept on a leash and muzzled in such a manner
115 as not to cause injury to the animal or interfere with the animal's
116 vision or respiration, but so as to prevent it from biting a person
117 or another animal.
118 (g) If the owner of an animal found to be a dangerous doq is
119 a minor, the custodial parent or leqal quardian of such minor shall
120 be responsible for complying with all requirements of this section.
121
(h) After an animal has been found to be a danqerous doq, the
122 animal's owner shall immediately, upon learninq of same, notify the
123 superintendent of the bureau of animal control if the animal (i) is
124 loose or unconfined; (ii) bites a person or attacks another animal;
125 (iii) is sold, given away or dies; or (iv) has been moved to a
126 different address.
127
(i) Any person who owns an animal which has been found to be
128 a danqerous doq and who willfully fails to comply with any
129 provision of this section shall be quilty of a Class 1 misdemeanor.
130
(j) Ail fees collected pursuant to this section, less the
131 costs incurred by the bureau of animal control in producinq and
132 distributinq the certificates and tags required by this section,
133 shall be paid into a special dedicated fund in the treasury of the
134 City for the purposes of paying for the expenses of any training
135 course required pursuant to Code of Virqinia § 3.1-796.105, as
136 amended.
137
138
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 13th day of February, 2001.
139
140
141
142
CA-6558
ODIN~PROPOSED\05-005ord.wpd
Rll
January 11, 2001
-17-
Item V-H.I.b.
ORDINANCES~RES OL U TION
ITEM # 47746
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Ordtnance to AMEND Ctty Code ~ 6-10 re use of roller skates,
skateboards, or any stmtlar devtce on wheels or runners tn the Resort
Area
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wdham D Sessoms, Jr and Rosemary Wtlson
Council Members Vottng Nay
None
Counctl Members Absent
None
February 13, 2001
AN ORDINANCE TO AMEND THE CITY CODE PERTAINING
TO THE USE OF ROLLER SKATES, SKATEBOARDS, ETC.
IN THE RESORT AREA
SECTION AMENDED: 6-10
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 6-10 of the City Code is hereby amended and
8 reordained to read as follows:
9
10
11
12
Sec. 6-10. Use of roller skates, roller blades, skateboards,
scooters, etc., on boardwalk or grassy area, bicycle
path, oceanfront parks and plazas, public restrooms,
and sidewalks adjacent thereto.
13
(a) It shall be unlawful at any time for any person to use a
14 skateboard or any similar device at any timc in the area from, and
15 including, the sidewalk on the west side of Pacific Avenue to the
16 Atlantic Ocean, between Rudee Inlet and 42nd Street.
17
(b) It shall be unlawful at any time for any person to use
18 roller skates, roller blades, a scooter or any similar device on
19 wheels or runners on the grassy area adjacent to the boardwalk, or
20 on the bicycle path, oceanfront parks and plazas, public restrooms,
21 and sidewalks adjacent thereto at any time.
22
(c) During the period from 6:00 p.m. on the Friday before
23
Memorial Day to 6:00 p.m. on Labor Day, ~t shall be unlawful for
24 any person to use roller skates, roller blades, a scooter or any
25 similar device on wheels or runners on any sidewalk along and east
26 of Pacific Avenue from Rudee Inlet to 42nd Street from 6-00 p.m. on
27
28 to use a scooter on the boardwalk.
29
(d) It shall be unlawful for any person to use roller skates,
30 roller blades, a skateboard, a scooter or any similar device on
31 wheels or runners, whether such use is permitted or not, recklessly
32 or at a speed faster than is reasonably proper, or in a manner so
33 as to interfere with pedestrians or to endanger the life, limb or
34 property of the rider or any other person.
35
(e) The provisions of this section shall not be applicable to
36 the use of wheelchairs for the transportation of disabled persons
37 or the use of baby carriages, strollers or related modes of
38 transportation for infants.
39
(f) For purposes of this section, a "scooter" is a device
40 havinq two (2) or more wheels, a platform on which the rider
41 stands, and a steerinq mechanism such as handlebars.
42
43
Adopted by the City Council of the City of Virginia Beach,
44 Virginia, on this 13 day of February
, 2001.
45
46
47
48
49
CA-7975
DATA/ORD IN/PROPOSED / 06 - 010ord. wpd
R3
January 30, 2000
APPROVED AS TO CONTENTS:
Pol i/epartme~
APPROVED AS TO LEGAL
SUFFICIENCY:
Department of Law
- 18-
Item V-H.I.c.
ORDINANCES/RES OL UTION
ITEM # 47747
Stephen C Young, 3305 Welwyn Muse, represented the Mtddle Plantatton Ctvtc League, Phone 463-3 763
The Ctvtc League, representtng approxtmately 66% of the affected restdents, SUPPORTS the traffic calmtng
on Harrts Road
Upon motton by Councilman Harrison, seconded by Vtce Mayor Sessoms, Ctty Counctl ADOPTED:
Or&nance to ADD Cay Code 3~ 21-321 2 re non prepayable fines for
excee&ng the maximum speed limit tn destgnated netghborhoods
Vottng 11-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, ,Ir, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wilson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
February 13, 2001
AN ORDINANCE TO ADD A NEW SECTION
TO THE CITY CODE PERTAINING TO
MAXIMUM SPEED LIMITS IN DESIGNATED
NEIGHBORHOODS
SECTION ADDED: 21-321.2
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
7 VIRGINIA BEACH, VIRGINIA:
That the Code of the City of Virginia Beach, Virginia, is
9 hereby amended and reordained by adding a new Section 21-321.2, to
10 read as follows:
11
12
13
14
Sec. 21-321.2.
Maximu~ speed limits in certain residential
districts; penalty.
Pursuant to section 46.2-878.2 of the Code of Virginia,
15 any person who operates a motor vehicle in excess of the maximum
16 speed limit established for any portion of the following highways
17 located within the designated neighborhoods shall be guilty of a
18 traffic infraction punishable by a non-prepayable fine of not more
19 than $200, in addition to other penalties provided by law:
2O
1. L & J Garden: Norwich Avenue; Tajo
21
Avenue; Fairlawn Avenue; Dulcie Avenue.
22
2. Acredale: Acredale Road; Bonneydale Road;
23
Andover Road; Olive Road; Burlington Road;
24
Rittman Road; Minden Road; Alton Road;
25
Langston Road; Old Kempsville Road.
26
3. Lake Shores: Jack Frost Road; Lake Shores
27 Road.
28 4. Middle Plantation/Little Neck: Harris Road.
29
3O
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 13 day of February , 2001.
CA7860
F:~Data\ATY~Ordin\PROPOSED~21-321.2.ord revised.wpd
February 1, 2001
R8
APPROVED AS TO CONTENT:
Police Department
APPROVED AS TO LEGAL
SUFFICIENCY.
C~ney'~ Offl~
Item V-H. 2.
-19-
ORDINANCES~RES OL U TION
ITEM # 4 7748
Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, Ctty Counctl ADOPTED:
Or&nance to APPROPRIATE $239,111 from the General Fund to the
City's Emergency FEMA fund re repaying &sallowed Hurricane Bonnie
cost reimbursements to Vtrgmta Emergency Management
Vottng 11-0 (By Consent)
Counctl Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
February 13, 2001
AN ORDINANCE TO APPROPRIATE $239,111
FROM FUND BALANCE IN THE GENERAL
FUND TO THE CITY'S EMERGENCY FEMA
FUND TO REPAY DISALLOWED HURRICANE
BONNIE COST REIMBURSEMENTS TO THE
VIRGINIA DEPARTMENT OF EMERGENCY
MANAGEMENT
WHEREAS, the City claimed and was reimbursed $6,165,553
9 by the Virginia Department of Emergency Management for Hurricane
10 Bonnie clean up costs;
11
WHEREAS, a FEMA audit disallowed $239,111 of this
12 reimbursement, and after reviewing the disallowed costs, City staff
13 concurs with this finding; and
14
WHEREAS, the Virginia Department of Emergency Management
15 has billed the City for the disallowed costs.
16
17
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
18
That $239,111 is hereby appropriated from fund balance in
19 the General Fund to the City's Emergency FEMA Fund to repay
20 disallowed Hurricane Bonnie cost reimbursements to the Virginia
21 Department of Emergency Management.
22
23
24
Adopted by the Council of the City of Virginia Beach,
Virginia on the 13 day of February , 2001.
25
26
Requires an affirmative vote by a majority of the members
of City Council.
CA7987
F: ~Data~ATY\Ordin~NONCODE\FEMA. ord. wpd
February 5, 2001
R-3
Approved as to Content:
Management ~~~
Approved as to Legal
Sufficiency:
City Attorney's Office
MICHAEL M CLINE
State Coordinator
GEORGE W FORESMAN
Deputy CoordInator
COMMONWEALTH of
Department of Emergency Management
December 21, 2000
10501 Trade Court
RIchmond. V~rgfnfa 23236-3713
(804) 897-6500
.(TDD) 674-2417
FAX (804) 897-6506
Ms. Patricia A. Phillips
Director of Finance
City of Virginia Beach
Municipal Center, Building #1
Virginia Beach, VA 23456
Dear Ms. Phillips:
RE: FEMA-1242-DR-VA
ID #: 810-82000
As a result of a recent audit report f'mding on the City, FEMA has determined that a net
overpayment exists and this overpayment must be retumed. The City was notified of these f'mdings in
correspondence to you dated October 27, 2000. Attached to that correspondence was a copy of the
Inspector General's audit report.
Following is a detailed analysis of the required recoupment:
75 % Federal Share
21% State Share
Subgrantee Administration
Total Net Overpayment
$185,837
$ 52,035
$ 1,239
$239,111
Please prepare a check in the amount of $239,111 made payable to:
Virginia Department of Emergency Management
10501 Trade Court
Riclunond, VA 23236-3713
This check should be sent to my attention to ensure that proper credit is given. I can be reached at
(804) 897-6500, extension 6538 if you have any questions.
RAA/mmb
Sincerely,
Robert A. Andersen
Public Assistance Officer
JAN 0 200f
C'
Linda Coleman
Dave Flynn
"Working to Protect People, Propers. and Our Cotnmunltles"
Federal Emergency Management Agency
Region []
One Independence Mall, Sixth Floor
615 Chestnut Street
Philadelphia, PA 19106-4404
Mr. Michael M. Cline
State Coordinator, Virginia
Department of Emergency Management
10501 Trade Court
Richmond, Virginia 23236-3713
Attention: Robert A. Andersen
RE: FEMA-1242-DR-VA, City of Virginia Beach
#810-82000, Audit Report No. E-31-00
Dear Mr. Cline:
As a result of a recent Audit Rep.~rt findin~ on the City of
Virginia Beach, as reported in the enclosed October 5, 2000
correspondence, we have determined that a net overpayment
exists to the Commonwealth of Virginia.
The Federal share of the net overpayment, including the
Grantee's and Subgrantee's administrative costs is
$188,011. This overpayment must be recovered by the
Commonwealth. There are insufficient funds remaining in
FEMA-1242-DR-VA to recover this amount through the
deobligation process.
Following is a detailed analysis of the required
recoupment:
City of Virginia Beach, #810-82000
75% Federal Share
Subgrantee Administration
Grantee Administration
Total Net Overpayment
($185,837)
($1,239)
($935)
($188,011)
Please refer to the enclosed S.1, State Public Assistance
Grant Summary Package #11, for further information.
DECI 82000
-
YPES
Please arrange to have the funds transferred to Smartlink
or mail a check within 30 days of receipt of this
correspondence. This will prevent the need to initiate a
Bill for Collection.
If you have any questions, please contact me or call John
Connolly of my staff, at (215) 931-5640.
Sincerely,
Director, Response and
Recovery Division
Enclosures
Item V-H. 3.
- 20-
ORDINANCES/RESOL UTION
ITEM tt 4 7749
Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, Ctty Counctl ADOPTED:
Ordtnance to APPROPRIATE $5,200 from the Francts Land House Trust
Fund to the Department of Museums and Cultural Arts re programs, events
and general operating expenses at the Francts Land House.
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Voting Nay
None
Counctl Members Absent
None
February 13, 2001
AN ORDINANCE TO APPROPRIATE $5,200
FROM FUND BALANCE IN THE FRANCIS
LAND HOUSE TRUST FUND TO THE FY
2000-01 OPEP~ATING BUDGET OF THE
DEPARTMENT OF MUSEUMS AND CULTURAL
ARTS FOR THE PURPOSE OF PROVIDING
SUPPORT FOR PROGRAMS AND EVENTS, AND
FOR GENERAL OPERATING EXPENSES
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
WHEREAS, the Francis Land House Trust Fund was
established to account for all donations to support activities and
programs sponsored by the Francis Land House;
WHEREAS, the Francis Land House Trust Fund has
approximately $28,000 available in fund balance; and
WHEREAS, the Friends of the Francis Land House request
appropriations from the trust fund in the amount of $5,200 to fund
programs and events at the Francis Land House.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That $5,200 is hereby appropriated from fund balance in
the Francis Land House Trust Fund to the FY 2000-01 Operating
Budget of the Department of Museums and Cultural Arts for the
purpose of providing support for programs and events, as well as
general operating expenses, at the Francis Land House.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the ~ day of~ ...... , 2001.
CA7984
F:~Data~ATY~Ordin~NONCODE~francis land trust.ord.wpd
February 1, 2001
R-1
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorn~y~ ~ffic'e~
- 21 -
Item V-H. 4.
ORDINANCES/RES OL UTION
ITEM it 4 7750
Upon motton by Councd Lady Eure, seconded by Counctlman Man&go, Ctty Counctl ADOPTED:
Or&nances re Stumpy Lake acqutsttton of approxtmately 1400 acres and
Settlement Agreement between the Ctttes of Vtrgtnta Beach and Norfolk
tncluchng assoctated ptpehne parcels and a 4 9-acre parcel at Gum Swamp
AND,
ADOPTED, AS AMENDED *, Ordtnance re Stumpy Lake to TRANSFER
$4 1-Mtlhon various capttal projects
*Thts amendment changes' one of the sources of fun&ng
1 $365, O00from CIP ~4-012, l'riiicesa Aiiiie l'ark #3-432, Pohce
Mounted Patrol Factht_¥
Vottng 10-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E
Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Abstatntng
Wtlham W Harrtson, Jr
Counctl Members Absent
None
Councilman Harrtson ABSTAINED as hts law firm provtded legal servtces to TRANSAMERICA
Corporatton, which ts a party to a portton of the negottattons regardtng Stumpy Lake
February 13, 2001
AN ORDINANCE TO APPROVE A SETTLEMENT AGREEMENT
BETWEEN THE CITY OF VIRGINIA BEACH AND THE CITY
OF NORFOLK CONCERNING ACQUISITION OF
APPROXIMATELY 1400 ACRES OF LAND KNOWN AS THE
STUMPY LAKE PROPERTY TOGETHER WITH ASSOCIATED
PIPELINE PARCELS AND A 49-ACRE PARCEL LOCATED AT
GUM SWAMP.
WHEREAS, the City of Norfolk owns approximately 1,400 acres of real estate
located in the Cities of Virginia Beach and Chesapeake which it has maintained as a water utility,
golf course and open space (the "Stumpy Lake Property");
12
WHEREAS, the City Council of the City of Virginia Beach, Virginia (the "City
Council") is of the opinion that Virginia Beach has need of a park for recreational, environmental
14 and educational activities for its citizens and visitors to the Clty and an additional water source, and
storm water management and drainage facilities, all of which are public uses;
WHEREAS, the City Council found, pursuant to Ordinance No. ORD 2603A,
adopted July 14, 2000, that there is a public necessity for the acquisition of the Stumpy Lake
Property, by purchase or condemnation, and that such acquisition for the above-stated public
purposes is in the best interest of the community;
20
WHEREAS, the City of Virginia Beach was unsuccessful in its effort to acquire the
2 q Stumpy Lake Property from the City of Norfolk by voluntary purchase and found it necessary to
22 institute condemnation proceedings against the Stumpy Lake Property;
23
WHEREAS, following extensive negotiations between representatives of both cities,
24 a settlement of all issues in dispute in the condemnation proceedings has been reached and an
2 5 agreement setting forth the terms of the settlement is attached hereto as Exhibit A;
26
WHEREAS, pursuant to the terms of the settlement, the City of Norfolk will convey
2 7 to the City of Virginia Beach the Stumpy Lake Property together with certain pipeline parcels and
28 a 49-acre parcel located at Gum Swamp for the total sum of $13,000,000;
29
WHEREAS, the City Council is of the opinion that the resolution of this matter
3 0 pursuant to the terms set forth in the Settlement Agreement is in the best interest of the community.
31
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
32 VIRGINIA BEACH, VIRGINIA:
33
1. That the City Council approves the settlement of the condemnation actions
34 involving the Stumpy Lake Property pursuant to the terms of the Settlement Agreement attached
35 hereto as Exhibit A.
36
2. That the City Manager ~s authorized to execute on behalf of the C~ty of
3 7 Virginia Beach, a Settlement Agreement containing terms substantially the same as those set forth
3 8 ~n the Settlement Agreement attached hereto as Exhibit A, together with such corrections, additions
39
or deletions as may be approved by both the City Manager and the City Attorney.
4 0 Adopted by the Council of the C~ty of Virginia Beach, Virginia, on the 13th day
41 of February ,2001.
APPROVED AS TO CONTENTS
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
CITY ATTORNEY
F ~DataL~kTY~Ord~n\NONCODE\stumpy.ord
EXHIBIT A
SETTLEMENT AGKEEMENT
Tk~s Agreement ("Settleme,,t Agreement") ~s tnadc this day of February,
2001, by and between the CITY OF NORFOLK, a municipal cmporafion of the
Commonwealth of Virgima (hereinafter called "Norfolk") and the CITY OF VIRGINIA
BEACH, a rectum,pal corporation of the Commonwealth of Virginia (hereinafter called
"Virginia Beach"),
WITNESSETH
WHEREAS, Norfolk now owns cea'rain real property, improvements, fixtm'es,
eqmpmcnt and appurtenances located m V~rginia Beach mid the C~ty of Chesapeake,
Virginia, all as mine particularly described in Exhibit A ("No~folk Property"),
WHEREAS, the Norfolk Property includes Stmnpy Lake, which is owned and
operated as pm~t of Norfolk's water supply system and provides water for customers of
Norfolk, including Virgama Beach;
WHEREAS, Norfolk emexed into a contract of sale dated March 1, 1999 with
Transamerica Servaces, Inc. ("TS/") for a sale of a portion of the Norfolk Propert3.' ("TSI
Purchase Agreement");
WHEREAS, on July 14, 2000 and July 20, 2000, respectively, V~rgama Beach
filed actions ~n the Ctrcmt Court of the C~ty of V~rgnnia Beach to condemn portions of the
Norfolk Property, including Stumpy Lake, styled C!~. of Virl~nta Beach v City of
Nor~. At Law No. L00-1942 and City of?trginia Beach v City of Norfolk_, At Law No.
L00-2038, (collechvely "Co.demnatton Actions"), and
WHEREAS, on September 26, 2000, Norfolk filed a Petition for Declaratory
Judgment ~n the State Corporation Conumssion, Case No. PUE000485, relating to the
Condemnation Actions ("SCC Petition"),
WHEREAS, on or about September 22, 2000, TSI assigned the TSI Purchase
Agreement to Tn-Ctty Propertaes, L.L C ("TCP"),
WHEREAS, Virginia Beach desires to acqah-e the Norfolk Property to use for the
purposes of a public park and natme conservancy and to provide an addilional sourcc of
water for its own citizens,
WHEREAS, Norfolk desires to sell the land portion of the Norfolk P~operty to
Virgtma Beach;
X,¥TIEREAS, Norfolk has determined that, w~th Norfolk's continuing treatment of
the water from SUm~py Lake and by transfer o£ Stmnpy Lake to Virginia Beach under the
terms set forth hereto, Stmnpy Lake can be used as a raw water supply by Virgnfia Beach
consistent with Norfolk's conjunctive use water system.
NOW, THEREFORE, for m~d m cons~derahon of fl~e prermses, the mutual
agreements he, em contained and the payment of certain momes hereinafle~ set forth,
Norfolk and V~rgLrfia Beach do hereby agree as follows:
1 Transfer of Plgperty On the Closing Date hereinafter defined, Norfolk
shall transfer to V~rginia Beach the Norfolk Property described in Extnb~t A Parccls One
through Four of Extublt A shall be hansferred by special warranty deed Parcel Five of
Exlubtt A which consists of certain easements and rights of way with respect to a water
pipehne m~d outfall structure fiom Stumpy Lake to Lake Lawson shall be transferred by
qu~tclaam deed All personalty shall be transferred by bill of sale All leases on the
Norfolk Property, including the Golf Course lease dated March 21, 199,1, between
Noifolk aid Stumpy I~ake Golf Course, hie, as amended ("Golf Course Lease"), shall be
assigned to Vug~nia Beach pursuant to an ass~gmnent of lease m form and substance
sahsfactory to the pa-ties A true and correct copy of the Golf Course Lease ts attached to
th~s Agreement as Eydubit B All rents received by Norfolk under the Golf Course Lease
or any othe~ lease on the Norfolk Property, any electric utilities pa~d by Norfolk for the
Norfolk Property and all real estate taxes for the Norfolk Property shall be prorated as of
the Closing Date All of the Nmfolk Property, including without luuitatton m~y dams,
weirs, pipes, stmctmes, fixtures and equipment and other pmsonalty and improvements of
m~y kind, shall be sold "as ~s, where is," with no warrant~es of any kind as to condition or
fimess for any pmficular propose. Only personalty expressly listed on Exhibit A shall be
conveyed
2 Payment of Consideration In constderatmn of the settlement of tire
referenced clauns and the transfer of the Norfolk Property, Virgania Beach shall transfer
on fl~e Closing Date by w~re to sucl~ account of Norfolk desig]mtcd at closing, lhe amount
of Tluneen Million Dollars ($13 million) ("Settlement Consideration"). The pm'ties
acknowledge that fl~e Settlement Consideration to be paid is in settlemeult of disputed
clmms and does not recogmze thc true fmr market value of the Norfolk Property., nor can
the pa)uncnt of the Settlement Consideration be fairly apportioned among the various
pmcels transferred The Settlement Consideration may not be used m any other
proceeding between the part~es to estabhsh the fa,r market value of property owiied by
Norfolk or by Virginia Beach.
3 Mutual Releases On the Closing Date, V~r~ma Beach and Nozfolk shall
agree to and execute full and mutual releases with respect to the Condcmnatton Actions
and thc SCC Pctitlon ("Mutual Releases") and shall thereafter cause such cases to be
promptly dismissed w~th each side to beat its own costs
4 Precond~txons to Closing. Closing on the sale of the Norfolk P~opm-ty
pursum'tt to tlus Settlement Agreement ts subject to the follownng preconchtmns ("Closing
Preconditions"):
a. That Norfolk has notified Virgima Beach in writing that it has
entered into an agreement w~th TSI and TCP (collectively "Garcia Group") upon terms
salqsfaclory to No~folk m its sole d~scretion, wherein TSI and TCP agree at closing that
Ihe Garcta G~oup, as well as Nh'. Edward Garcia, will execute releases m~dm which
Norfolk and Virginia Beach arc released from all obligations to and claims by the Gat'eta
Cnoup, thei~ successors and assigns, arising out of the Garma Group's interest by contract
or otherwise irt any portion of the Norfolk Property ("Releases"). The Release shall be in
afom] and content satisfactory to both Norfolk and Virginia Beach
b That Norfolk and V~rgima Beach have fully executed and dehveted
an amendment to the Water Services Contract between Norfolk and Vi~gufia Beach dated
July 14, 1993, providing for the introduction of water from Stumpy Lake into Norfolk's
water system for treatment by Norfolk under certa,n cm~d~tions ("}rater Ser~,ices
Contract A,,endment") The Water Services Contract Amendment shall be incorporated
as Exhibit C to ti-ns Settlement Agreement and shall be approved by Norfolk City Council
tn lhe manner set forth tn Va Code § 15 2-2100 and other apphcable law It shall bc
effective as of the Closing Date.
c That the Norfolk City Council and Virginia Beach City Council
shall have approved the Second Amendment to the Water Services Contract to w?rich
,
reference is made an the Water Services Contract Amendment
d That Norfolk and Virginia Beach have executed and dehvered the
Mulnal Releases
e That Norfolk and Virgnma Beach have executed orders dismissing
the Condemnation Actions and SCC Petition, such orders to be filed with the court
promptly after closing.
f That the Gama Group has executed orders dismissing with
prejudice all actions to whmh ~t is a party with respect to the Norfolk Pxoperty, including
without lnmitation, the following actions:
· Transamerica Services, Inc and Fri-City Properties, LLC v. Robert J.
Scott, et al., Virgmua Beach Circuit Court, Chancery No CH00-3316
· Transamerica Serwces, Inc. and Trt-Cio, P. ropert~es, LLC v Robert J.
Scott, et al., Virgnma Beach Circuit Court, Chancery No. CH00-3495.
· D'ansamertca Serv, ces. Inc and Tri-City Properties, LLC v. Robert d'.
Scott, et al, Vilgima Beach Circuit Court, Chancery No. CH00-3496.
g. That no defects in title with respect to the Norfolk Ploperty accrue
between the end of the Feasiblhty Period and the Closing Date.
h. The Norfolk PI-operty shall be insurable under ma ALTA Owner's
Policy (Form B, as amended) by any reputable title insurmace Company as selected by
Vugnua Beach at regular rates, provaded, however, that Norfolk shall havc no obligation
to cure t~ile defects reported by the htle examiner.
The Norfolk Properly shall be iii the same condition on the Closing
Date as it ts on the date of this Agreement, provided, however, lhat Nmfolk shall have no
obhgat~on to repair, replace or maintain any portion of the Norfolk Property.
documents.
j'.
Norfolk shall deliver to Virginia Beach at Closing the following
1 An estoppel certificate executed by the tenant under the
Golf Comse Lease stating, if such be true, that (i) the Golf Course Lease is m full force
and effect; (ii) there are no off-sets, defenses or counter-claims with respect to the
payment of rent m~der the Golf Course Lease or in the performance of any other temps,
covenants m~d conditmns on the part of Tenant or Landlord, as the case may be, to be
performed, (or setting forth all such defenses or counterclmms that are ex,sung), (m) rent
has not been paid more than one month in advance aud 0v) default has not been declared
by either pm'ty undcr the Golf Course Lease or, if a default has been declared, setting
forlh lhe nature of the del'ault,
2. Such Owners' Affidavit executed by Norfolk as Vi~gima
Beach's title insurance cmnpany shall reasonably require,
3 A duly enacted ordinance of the Norfolk C~ty Council
ratifying and accepting fins Agreement and authorizing the execution, delivery and
performance of all documents to be dehvered to V~rghxia Beach at Closing; and
4. A deed of easement, in form and substance reasonably
acc,ptable to V~rg,nia Beach and Norfolk, conveying to Virginia Beach an easement for
thc conveyance of water to Lake Lawson from the outfall structure of the Stumpy Lake
pipeline
k 'lqle envtronmental condition of the Norfolk Property shall be
acceptable to VLrglma Beach If Virginia Beach declines to close because tl~e
envirmunental concht,on of the Norfolk Property is not acceptable to Virginia Beach,
Virgnua Beach shall provide Norfolk at no cost to Norfolk, with a copy of the Phase I
environmental audit obtained by Vlrgima Beach.
the event that ;nay of the foregoing p~econditions are not fully satisfied
or waxved in w~iting by Virginia Beach as of the Closing Datc set forth below, tlus
Settlement Agreement shall automatically expire as of that date and be of no further force
mad effect, unless extended in writing by the mutual agreement of both parties. In the
event tbs Setllemm~t Agreement so expires, tt shall not be used in any manner in the
Condenmation Actions or the SCC Petition or any related pioceechngs.
Feastb~l~t¥ Period For a period of sixty (60) days following the date of
full execution of this Settlement Agreement (the "Feasibility Perioef'), Virginia Beach
shall have the r~ght to enter upon the Norfolk Property consistent with Norfolk's rights in
smd property to investigate all aspects of the Norfolk P~operty and to conduct tttle
examinations, surveys, environmental studies, engineering stuches, land use and planning
feasibdity stuches, ufilittes studies, drainage, access and such other ~nvestigattons as
Virginia Beach, in ~ts sclc d~scretion, lnay desire to determine the feas~bihty of acqumrtg
the Norfolk Property ("Site Investigaa'ons") All Site Invest:gaaons shall be subject to
the following condit:ons
Any Site Investagations shall bc perfomled at Virginia Beach's
sole cost and expense;
possession by Virginia Beach;
(iii) V~rginia Beach shall return each S~te h~vestigation location to
substantialJy its original condition if Closing does not occtu';
(iv) Neither V~rginia Beach nor any of its agents or contractors
shall surfer or cause any liens or encumbrances against the Norfolk
Ploperty arising fi.om such Site Investigalions; and
tv) Virginia Beach shall be solely responsible and liable, to the
exten! permitted by law, for .",,~y damages, injuries, losses, claims,
or harm to the Norfolk Property (except as permitted under
Paragraph 5(iii) above), property belonging to others, and any
personal injury or death arising fi.om or caused by the Site
Investigations, whether performed by Virginia Beach or its
employees or agents, and Viigiaia Beach shall reimburse Norfolk
for any such damages, injuries, losses, claims, or harm Norfolk
may recur
Norfolk shall provide to Vixginia Beach within ten (10) days following the full
execution of this Settlement Agreement, copies of any of the following documents in the
possession or control of Norfolk pertaining to the Norfolk Property; surveys, appraisals
(with all valuataon reformation redacted), Engixteering Reports, Enviromnental Reports,
Land Usc and Plmming Feasibility Reports, wetland demarcation reports, leases, notices
of cnviromnental violation, if any, and title reports.
If Virginia Beach determh~es in Virgixfia Beach's sole d~scretion, not to acquire
the No~folk Property, then Virginia Beach may, at its ophon, terminate lifts Settlement
Agaeernent by written not~ce to Norfolk on or before the expiration of the Feasibility
Period. On such tcrrmnalion by Virginia Beach, this Settlement Agreement shall be null
and ~o~d and ncithex party shall have an)' fitrther rights, duties, liab~hties or obhgations,
at law or tn eqmly, arising out of or relating to tins Settlement Agreement, except as may
have arisen undm Paragraph 5(v) abt~ve
6 The Closing Date The Closing Date shall be the earlter of 0) the date that
thc pames mutually agree that all Closing Preconchttons have been inet and they me
prepared to exchange the mstntrnents of tttle and monetary consideration m (n) thirty
(30) days following the expiratmn of the Feastbdtty Period; provided, howevcr, that the
Closing Date may be extended by the written agreement of the parttes. Each party shall
bear all costs and expenses incurred by suci~ party m connectmn with the transactions
contemplated by this Seitle~nent Agreement. Closing shall occm' at a locat~on to be
determined by the parties.
7 Obligations Pending Closing. Between the date of this Settlement
Agreement and the Closing date or any earlier termtnation, Norfolk shall (i) maintain
the Norfolk P~operty in substantial compliance with all applicable laws, ordinances,
regulattons m'~d orders; (i0 not consent to the execution, placement, creatmn or
amendment of easmnents (other than the stormwater drainage easements requircd w~tl~
respcct to the subdivision of the Norfolk Property), restrictions, rights-of-way or other
matters affecting latlc to the Norfolk Property anthout Virginia Beach's written consent;
and (iii) not amend, rcnew or enter into any lease or other agreement that might become
the obligation of Virginia Beach with respect to the Norfolk Property or affect the
Norfolk Property in any manner without Virginia Beach's writtcn cousent.
8. Condition of P~operty. Subject to the temps and conchiions of tl:us
Settlement Agreement and except as may be otl~erwise provided herein, Virgu'na Beach
agrees to accept the Stumpy Lake dam, we~r, pipelines, and any mechanical eqmpment
on the Norfolk Property at Closing tn "as is, where ts" cond~hon Norfolk assumes, until
Closing, all asks of loss vi damage to the Norfolk Property, except as otherwise provided
in this Settlement Agreement concermng damage or loss caused by Vlrgima Beacll as a
result of the Sltc Investtgahons Norfolk agrees to cormmt no waste on any part of the
Norfolk Property On tim reasonable request of Vlrgima Beach and at Virgnua Beach's
sole option, V~gima Beach shall have the fight to enter onto the Norfolk Property to
make repairs to or perfom~ maintenance on the Stumpy Lake dam, but Virginia Beach
shall be solely responmble, to the extemt permitted by law, for any damages, injuries,
losses, claims or halTn to the Norfolk Property, property belongmg to others, and any
personal injury or deatl~ rasing fi.om or caused by such entry, whether performed by
Vnginia Beach or ~ts employees or agents, and Virginia Beach shall reimburse Norfolk
for any danages, injuncs, losses, clams or ham~ Nmfolk may incur.
9. Casualty Loss. If, prior to Closing, any portion of' the Norfolk Property,
including, w~tlmut limitation, the Stumpy Lake dam or weir, is materially damaged,
V~rg~ma Beach, at V~rg~ma Beach's optmn, may either (i) proceed to closing without any
rcduchon in the Settlement Consideration or (ii) terminate thru Settlement Agreement.
10 Notices All notices and requests required or permitted hereunder shall be
sent by United States certified mail, rettm~ receipt requested and, to be effective, shall be
postmarked not later than the final date for g~vmg of such not'tee; ol such noimes may be
sent by commercial messenger service, in wlfich event, to be effective, such notaces shall
be delivered to a commercial m,ssenger service not later Ihma the final date for giving
such nohce
10
Notices to V~rguua Beach shall be addressed as follows
Mr James K Spore
Ctty Manager
Mtm~cxpal Center
Virginia Beach, VA 23456
with a copy to:
Leslie L. Ldley, Esq.
Office of the City Attorney
Mtmic~pal Center
Virginia Beach, VA 23456
Notices to Norfolk shall be addressed as follows:
Ms Regina V. K. Wllhan:ts
City Manager
City of Norfolk
City Hall
Norfolk, YA 23510
with a copy
Bemm'd A. Pishko, Esq.
Office of the C~ty Attorney
City of Norfolk
Ctty Hall
Norfolk, VA 23510
Such addresses may be changed at any time and flora time to t~mc by like written
notice given by rather party to the other.
11. Brokers %rgm~a Beach and Norfolk each represent and warrant to the
other that the~e is no current hsfing agreement and that they have dealt with no broker,
agent or other intemmd~ary in connechon with this Settlement Agreement.
12. Default. If either Virginia Beach or Norfolk defaulta under thi~ Settlement
Agreement, the nondefaultmg party ~nay pursue, in such party's discrctaon, all ~emedies
available to the nondefaulh~g part), at law el in eqmty.
11
13 Waiver A fa~lme by any party to enforce any piomston contained in th~s
Settlement Agreemcnl m its favor shall nol be d. eemed a waiver of the right to enforce
such obligation in the future m to enforce a similar or other obligation
14 Entire Agreement and Modifications. This Settlement Agreement
embodies and constitutes the final and entire agreement between Virgnfia Beach and
Norfolk and neither party shall be bound by any terms, covenants, conditions,
lepresentatlons m warranties not expressly contained herein, including the Exhibits
hereto. This Settlement Agreement may not be altered, changed or amended except by an
instrtunent in writing, executed by both parties hereto.
15 Apphcablc Law This Settlement Agreement shall be governed, construed
and enforced accmding to the laws of the Commonwealth of Vn'ginia
16 Headings. Descriptive headings are for convenience only and shall not
control or affect the meaning or constructmn of any pmvlsmn of this Settlement
Agreement.
17 Com~terparts. This Settlement Agreement may be executed in any number
of counterparts and each such counterpart shall be deemed to be an Original, but all such
counterparts together shall consl~mte both one Settlcunent Agreement.
18. Interpretation Whenever the context hereof shall require, the singular
shall include the plural, the plmal the singulm-, and the use of any gender shall be
apphcable to all genders
19 Severab. ility If any one or more of the prowsions contained m t.h/s
Scttlement Agreemcnt ~hall for any reason be held to be invahd, illegal or unenforceable
m any ~espect, such invalidIty, lllcgahty, or unenforceabfl~ty shall not affect any other
12
piovision llereof, and tins Settlement Agreement shall be construed as if such invalid,
~llegal o~ tmcnl-orceable pro,,'~s~on had never been contained herem
20 B~ndmg Effect This Settlement Agreement shall be b~nding upon and
shall mum to the benefit of the parties hereto and their respectave successors and assigns
21 Assignment This Settlement Agreement may not be assigned by either
party to this Settlelnent Agreement
SEE SIGNATURE PAGE ATTACHED
13
Attest
CITY OF NORFOLK,
a mumcipaI corporahon of the
Cmmnonwealth o1' %rgtma
C]ty Clerk
Approved as to form'
By
CJty Manager
City Attorney
Attest:
CITY OF VIRGINIA BEACH,
a murficipal corporatton of the
Commonwealth of Virgmta
City Clerk
By
City Manager
Approved as to form
C~ty Attorney
#279804 v:2 -scrtlement a!:,weement-vb
693011 0057
14
EXHIBIT A
Legal Description
PARCEL ONE
Tax Identtficataon Nos Part of 1465-70-4777 and all of 1474-34-6882 and 1474-34-
8911 (located m the City of Vnginia Beach) slid Part of 0390000000330 (located in the
City of Chesapeake)
ALL THAT certam lot, piece or parcel of lined, with the improvements thereon, if any,
alor~g with all waters, water facihties including thc pump station mid appttrtenant fights,
sduate, lying and being in thc Cities of Virginia Beach and Chesapeake, Vilgmia,
consisting otc Stmnpy Lake, incluchng the waters in Sttunpy Lake and the lake bottom,
and designated as "Parcel 1" on the acquisition map entitled "Stumpy Lake Site, Virginia
Beach, Vlrgtma," prepared initially (without parcel designations) by Environmental
Specialties Group, Incorpmated, which map is on file in the Department of Public
Works/Engineenng Division ~ Sttm~py Lake Data F~le in the City of V~rginia Beach,
Virginia.
The acquisition map refened to above, together with a reference map of the area, ~s on
file m the Department of Public Workt,/Engineering Dlvismn, and is indexed as "Stun'tpy
Lake Data File," Municipal Center, City of Virgtma B~aeh, Vixsima 23456. A copy of
the reference map of the Property is attached hereto as Exhibit A-1
15
PARCEL TWO (Golf Comse)
Tax Identification No.' 1464-78-8949
ALL THAT certain lot, p,ece or parcel ~)f land, with the improvcmenls thereon and all
eqmpmeni and supplies used m connection wltl~ the Stumpy Lake Golf Course, situate,
lyang and being in tlxe City of Virgima Beach, Virginia, and being generally known as tl~e
Stumpy Lake Golf Course, and designated as "Parcel 2" on the acquisition map entitled
"Stumpy Lake Site, Virgima Beach, Virginia," prepared initially (without parcel
designations) by Env~romnentaI Specialties Group, hacorporated, which map ~ on file in
the Department of Public Works/Engineering Division @ Stumpy Lake Data File in the
City of Virg~ma Beach, Vii ginia.
PARCEL THREE (All Stumpy Lake Property Now Owned by Norfolk, Excluding Golf
Comse and Lake)
Tax Identification Nos., 1465-70-4777, 1465-83-5490 and 039000000330
ALL THAT certain lot, piece or parcel of las~d, with the m~pmvmnents thereon, situate,
lying and being m the Cities of Virguna Beach and Chesapeake, Virginia, and designated
as "Paicel 3" on the acqmsition map entitled "Stumpy Lake Site, Virginia Beach,
Virgin/a," prepared initially (w'~thout parcel designations) by Environmental Specialties
C_noup, incorporated, which map ~s on file in the Department of Public
16
Worlcs/Engmeenng D~ws~on ~ Stumpy Lake Data File m the City of VLrgmta Beach,
Vngnfia
LESS, SAVE AND EXCEPT those p~opertms conveyed as recorded tn Deed Book 2973,
at page 1658 and m Map Book 201 at page 30; in Deed Book 3648 at page 302, m Deed
Book 3648 at page 306 m~d Map Book 247 at pages 77 and 78; and in Deed Book 3674 at
page 2195 and in Map Book 250 at pages 30 and 32.
LESS, SAVE AND EXCEPT that portmn of the property conveyed to E. S. O.
Enterprises by Boundary Line Agreement recorded m Deed Book 3062 at page 676 and
shown on Plat ~ecorded ~n Map Book 92 at page 90.
Thc acquisitton map referred to above, togcthcr with a reference map of the area, ts on
file ~n the Department of Public Works/Engineering Dtvmon, and is indexed as "Stumpy
Lake Data File," Municipal Cente~, City of Virginia Beach, V~rgilfia 23456. A copy of
the reference map of thc Property xs attached hereto as Exhibit A-2
PARCEL FOUR
[Insert Legal Description for 49-acre Indian River Road Property ~ Tax
Identification No. 1483-28.0297 and as shown on that certain plat recorded in Map
Book 4 at Page 161 in the City of ]
PARCEL FIVE
[Insert Legal Description for real property to be conveyed as part of conveyance of
P~pehne to Lake Lawson]
17
EXHIBIT B
(GOLF COURSE LEASE)
EXI:UBIT C
(WATER SERVICES CONTRACT AMENDMENT)
19
AN ORDINANCE TO TRANSFER $4,100,000 FROM VARIOUS
CAPITAL PROJECTS TO CIP #4-022, STUMPY LAKE
PROPERTY ACQUISITION, FOR THE PURPOSE OF
ACQUIRING THE STUMPY LAKE PROPERTY
WHEREAS, the City of Norfolk owns approximately 1,400 acres of real estate
located in the cities of Vlrgima Beach and Chesapeake that it has maintained as a water utility, golf
7 course and open space (the "Stumpy Lake Property");
WHEREAS, the City Council of the City of Virginia Beach, Virginia (the "City
Council") finds and believes that the City of Virginia Beach (the "City") is in need of a park for
10 recreational, environmental and educational activities for its citizens and for visitors to the C~ty, an
additional water source, and stormwater management and drainage facilities, all of which are public
purposes;
13
WHEREAS, by ordinance adopted August 8, 2000, City Council authorized the
14 acquisition of the Stumpy Lake Property, by purchase or condemnation, determined that such
15 acquisition for the above-stated public purposes is in the best interest of the community, and
appropriated $9.4 million for the acquisition;
17
WHEREAS, since that time, the City of Norfolk has agreed to sell the Stumpy Lake
18 Property to the City for $13 million, thereby avoiding a lengthy condemnation process, with the
19 estimated additional cost of acqumng the lake and the surrounding properties, along with other
2 0 related acquisition costs, being $4.1 million; and
21
WHEREAS, the additional funding required for this acquisition is available from the
2 2 following sources:
23
1. $365,000 from CIP ~-,-,,.--,"A ^, . l*'-:..,,.,.oo ..... ,-_~...,.^ --~ ~'~-",,~ #3-432, Police Mounted Patrol
2 4 Facility;
25
2. $141,000 from CIP #4-968, West Neck Creek District Park;
26
3. $975,000 from CIP #2-018, Major Intersection Improvements;
27
28
4. $1,869,000 from CIP #3-441, Corrections Center Addition III/Building &
Landscape Relocation; and
29
30
5. $750,000 from CIP #4-014, Mount Trashmore District Park - Mountain
Capping/Restoration.
31
32
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
33
That funds in the amount of $4,100,000, as detailed below, are hereby transferred
34 from existing appropriations in the following CIP projects within the FY 2001-2006 Capital
3 5 Improvement Program to CIP project # 4-022, Stumpy Lake Property Acqmsltion, for the purpose
36 of completing the land acquisition of the Stumpy Lake Property:
37
38
1. $365,000 from CIP ~_,_,,...,n~-, ~'...,,,,oo ,~,,.,,* ~'-~ '"~-'- #3-432, Police Mounted Patrol. ,~
Facility;
39
2 $141,000 from CIP #4-968, West Neck Creek District Park;
4O
3. $975,000 from CIP #2-018, Major Intersection Improvements;
41
42
4. $1,869,000 from CIP #3-441, Corrections Center Addition III/Bml&ng &
Landscaping Relocation; and
43
44
5. $750,000 from CIP #4-014, Mount Trashmore District Park - Mountain Capping/
Restoration.
45
Adopted by the Council of the City of Virgima Beach, Virginia, on the 13ti~lay of
46
February ,2001.
47
48
49
50
CA7963
F.XDataL4TY~Or&n\NONCODE\stumpy lake acq.ord.wpd
February 7, 2001
R-4
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
'~ty Attorney's Office
Item V-H. 5.
- 22 -
ORDINANCES/RES OL UTION
ITEM # 4 7751
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Councd ADOPTED:
Or&nance amendments re the water services contract between the Ctttes
of Vtrgtnta Beach and Norfolk, authortztng the Ctty Manager to execute an
amended contract, tncorporattng same retroactive to July 1, 1995
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, dr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf,, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Councd Members Vottng Nay
None
Counctl Members Absent
None
February 13, 2001
AN ORDINANCE APPROVING AMENDMENTS TO THE WATER
SERVICES CONTRACT BETWEEN THE CITY OF VIRGINIA
BEACH AND THE CITY OF NORFOLK AND AUTHORIZING
AND DIRECTING THE CITY MANAGER TO EXECUTE AN
AMENDED AND RESTATED CONTRACT INCORPORATING
SUCH AMENDMENTS
WHEREAS, Virginia Beach and Norfolk have reached an agreement
8 whereby Virginia Beach will purchase Stumpy Lake from Norfolk,
9 including certain adjacent lands and water pumping facilities; and
10
WHEREAS, In order to provide a contractual mechanism whereby
11 Norfolk will accept Stumpy Lake water into its system on behalf of
12 Virginia Beach, and provide the same services that it provides with
13 respect to Lake Gaston Water, the existing Water Services Contract
14 between Virginia Beach and Norfolk must be amended; and
15
WHEREAS, Virginia Beach and Norfolk have been negotiating
16 certain issues with respect to the methodology used by Norfolk to
17 calculate the Cost of Service and True-up adjustments for fiscal
18 years 1996 through 1999, and the respective staffs of the two
19 cities have reached an agreement on such issues, which agreement is
20 subject to the approval of the City Council of each city; and
21
WHEREAS, on January 2, 2001, the Director of Public Utilities
22 provided a briefing to the City Council concerning the aforesaid
23 issues, their proposed resolution and appropriate amendments to the
24 Water Services Contract to effectuate such resolution;
25
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
26 VIRGINIA BEACH, VIRGINIA:
27
(1) That the amendments to the Water Services Contract
28 between the City of Virginia Beach and the City of Norfolk attached
29 hereto be, and hereby are, APPROVED;
30
(2) That the amendments to the Water Services Contract which
31 pertain to the calculation of the Cost of Service and True-up
32 adjustments shall be retroactive to July 1, 1995; and
33
34
(3) That the City Manager be, and hereby is, authorized and
directed to execute an Amended and Restated Water Services Contract
35 incorporating the aforesaid amendments.
36
37
Adopted by the City Council of the City of Virginia Beach on
this 13th day of February_ , 2001.
38
39
40
41
42
43
44
CA-7985
wmm~ ordre s ~ servi cekord, wpd
R-2
February 7, 2001
APPROVED AS~O CONTENT:
Department of Pu~ic Utilities
45
46
47
APPROVED AS TO LEGAL SUFFICIENCY:
Law Department
Amended and Restated
WATER SERVICES CONTRACT
THIS contract, originally made as of the 14th day of July, 1993 and now amended and
6 restated as of the day of
2001, by and between the CITY OF NORFOLK,
7 a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "Norfolk" and
8 the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,
9 hereinafter referred to as "Virginia Beach";
10 WITNESSETH:
11
WHEREAS Norfolk now owns and operates a system ofreservmrs, treatment plants, water
12 mains and appurtenant facilities capable of storing, pumping, treating and transmitting raw water,
13 and
14
WHEREAS Virginia Beach _~_. , ..... , .... , _:__,:_A
v,,~.o L,., ,.,,.oL~,,~L a t-,,t-,,.--,- has acquired Stumpy Lake,
15 formerly a part of Norfolk's water system (located in Virginia Beach and the Ci_ty of Chesapeake)
16 and, hence, Virginia Beach now owns raw water facilities through which it can transport raw water
17 from Lake Gaston and Stumpy Lake to Norfolk's raw water facihtles, at a locations satisfactory to
18 both parties; and
19
WHEREAS V~rglnia Beach wishes to obtain from Norfolk storage, pumping, treatment and
20 transmission services for its raw water from Lake Gaston and Stumpy Lake; and
21
WHEREAS it is deemed of mutual benefit by the part~es for Norfolk to provide these
22 services to Vlrg~ma Beach; and
23
WHEREAS Norfolk and Virginia Beach have duly executed two amendments to this Water
24 Services Contract, dated October 31, 1997 and
2001, and now further amend said
25 contract as herein provided;
26
NOW, THEREFORE, for and in consideration of the premises and the mutual agreements
27 herein contained and other good and valuable consideration, Norfolk and Vlrgima Beach do hereby
28 covenant and agree as follows'
29
- 1 -
30 1.0 Definitions.
31
1.1 "AdJusted for losses" means modifying the volume of water referred to on the basis
32 of the loss factor of the Norfolk water system related to providing service to Virg~ma Beach
33 ~nclud~ng conjunctive uses. The loss factor ~s deemed to be 10% for purposes ofth~s contract. The
34 mammum volume of treated water that Norfolk is obhgated to deliver to Virg~ma Beach per year
35 under th~s Contract shall be the maximum volume of raw water which Virginia Beach can supply
36 to the "',, ~oL~.,, ..... Norfolk Reservoirs multiplied by 0 9.
37
1.2 "Average day demand" means the total amount of treated water dehvered by Norfolk
38 to Vlrg~ma Beach dunng a given year d~vided by the number of days between the annual meter
39 readings, usually 365. The mammum permissible annual average day demand under th~s contract
40 shallbe45 mflhon gallons per day (mgd). Ifthe option in paragraph 12.5 is exercised, the maximum
41 permissible annual average day demand under this contract shall be 46.8 mgd.
42
43
1.4 "Contract allocation capacities" means, for purposes of V~rglnia Beach's cost
44 allocation calculations and rate determinations only, a mammum hour capacity of 91.0 mgd; and a
ty gd ~-a '
45 maximum day capac~ of 68.25 m , ,,,,~ a maximum .... L .....:,. ^c ~,, o _..a
· ',,,--, ,,-v-,~, ~' ,~, ~ ~.o ,,,s~. If the option
46 in paragraph 12.5 is exercised, the maximum hour capaci _ty shall be 94 6 and the maximum day
47 capaci _ty shall be 71.
48
49
1.10 "Mammum hour demand" means the greatest rate of treated water dehvered by
50 Norfolk to Virginia Beach at the delivery points provided for in paragraph 3 over a one (1) hour
51 period on any g~ven day of the year. The maximum permissible mammum hour demand under this
52 contract shall be 90.0 mgd at the dehvery points prowded in paragraph 3. If the option in paragraph
53 12.5 is exercised, the maximum permissible maximum hour demand under this contract shall be
54 93.6.
55
1.11 "Maximum day demand" means the greatest rate of treated water dehvered by
56 Norfolk to Virginia Beach at the dehvery points provided for in paragraph 3 over a 24-hour period,
57 beginning at midnight, in a given year. The maximum permissible maximum day demand under th~s
58 contract shall be 67.5 mgd, at the delivery points provided in paragraph 3. If the option in paragraph
59 12.5 is exercised, the maximum permissible maximum day demand under this contract shall be 70.2.
60
1 12 RESERVED "~,,.axlmuna'
61
Uk. Jl Yk.,l f4~U L/~/ l'~ldZlldJh, Lid ¥ II~llllO. IJ'l.~O.~'lI llC [lll,,~ I3.~..lJ ¥1,,.lJ I[.~UJJJI.~ ldlk/¥JU[.Id I. UJ Ill lJlllCl[lCl~.JJl ..~ ~,.IUJ IJJ[ CA
63
EL1 (.I%~L~ ~,..AI../I ~,~OD~,.~I- k/Il (.g Id-IlIl)' [J(.l. Ol3 61&.~,~[.li ~l-lll~ LU tll%.. Il I.IllI [J~,.,~l kJ 1%.~(.gl~,,ll~.l(.ll t,.I.(..L,.,~ ~3 Ill Il ~1 ¥ t,~ll II lldlJ l.ll~ DII61.1 It
64
65
1.13 "Permits" means the permits granted to Virginia Beach by the U.S Army Corps of
66 Engineers and others (including, but not limited to federal, state, regional and local governing and/or
67 permitting bodies and/or agencies) allowing construction and operation of the Gaston pipeline,
68 Stumpy Lake, Stumpy Lake pipeline, and similar authorizations that may replace or augment the
69 permits, and all other permits, certifications, and other authorizations to Norfolk allowing
70 construction, operation, maintenance, and expansion of the Norfolk or Virginia Beach water systems
71 that are necessary to render performance under this contract.
72
1.14 "Safe yield" means the maximum sustmnable rate of usable raw water supply which is
73 available dunng known drought conditions; wherever the term "safe yield" is used in this contract,
74 it shall have the meaning set forth in this sentence :- ~'~:':~- ' ....... t.~_ ~._: ...... ~ .... :_,:^_
111 t;g~J&,J. ILIkJII L~J CgI. I,~t %JLll~l ~l&.~/llllLlkJlI idl t~tA~,~blII. JLIkJII
75 unless otherwise defined or modified herein.
76
For purposes of this contract, V~rgima Beach's safe yield shall be the maximum
77 sustainable rate of raw water supply that Virginia Beach can, with its then existing equipment and
78 facilities, deliver for its own use, under its emst~ng permits and contracts, through the Virginia Beach
79 meter located at or within two (2) miles of the d~scharge end of the Gaston p~pehne plus 2 mgd for
80 Stumpy Lake, less evaporation, conjunctive uses, and leakage losses deemed to be 3% under this
81 contract Based on current permits and contracts, Virginia Beach's raw water safe yield will be 48-.5
82 50 4 mgd (50 52 mgd less 3%), that is to say 50 mgd from Lake Gaston plus 2 mgd for Stumpy
83 Lake, each less 3%.
84
85
1 18 "Treated water safe y~eld" means safe yield less any raw water commitments or
86 conveyances and a loss factor of the Norfolk water system.
87 For purposes of this contract, Vlrglma Beach's treated water safe yield shall be its safe
88 yield detenmned in subparagraph I 12 1.14 above times .938.
89
For purposes of this contract, Norfolk's treated water safe yield shall be its safe yield
90 determined in subparagraph ~ 1.14 above less any raw water commitments or conveyances times
91 943.
92
1.19 "V~rgima Beach contract capaclt~es" means an annual average day rate of 45.0 mgd,
93 ...... : ........ '~- ..... c~o 5 ....~ gd
· ,.,~,~.,~,, ,~,,.L,, .,L,. ,,~ .,o "'s'~. maximum day rate of 67.5 m and maximum hour rate of 90.0
94 mgd. If the option in paragraph 12.5 is exercised, the Virginia Beach contract capacities shall be an
95 annual average day of 46.8 mgd, maximum day rate of 70 2 mgd and maximum hour rate of 93 6.
96
97
1.23 "Stumpy Lake" means a reservoir, formerly a part of Norfolk's water system (located
98 in Virginia Beach and the Ci_ty of Chesapeake), which was acquired by Virginia Beach
99
1.24 "Stumpy Lake Water" means the treatable raw water (i.e., capable of being rendered
100 potable according to ali standards mandated by federal or state law, rule or regulation by any or all
101 treatment processes required by the Norfolk Utilities Department to render Norfolk's raw water
102 potable under the same standards) provided by Virginia Beach from Stumpy Lake to Norfolk.
103
1.25 "Virginia Beach Water" means Gaston water and Stumpy Lake water provided by
104 Virginia Beach to Norfolk.
105
1.26 "Stumpy Lake Pipeline" means the water pipeline that extends from Stumpy Lake
106 discharging to Norfolk's water facilities, including associated intake, pumping and metering
107 facilities, owned, operated and maintained by Virginia Beach
108 2.0 Water Treatment, Delivery Services and Obligations.
109
2.1 Norfolk agrees to receive and store Gaston Virginia Beach water prowded by V~rglnia
110 Beach to a locations satisfactory to both parties, transport the water through Norfolk's raw water
111 system, treat the water, provide clear well storage, pump and transport the treated water to the
112 metered points ofdehvery for the V~rg~ma Beach water distribution system, and perform all related
113 acts to provide treated water to Vlrglma Beach in accordance with th~s contract. Virginia Beach
114 agrees to pay for these serwces and to promde Gaaton Virginia Beach water, as set forth below.
115 V~rglma Beach further specffically understands and agrees that this contract is a water services
- 4 -
116 contract, not a contract for the sale of treated water, and that the right of Virginia Beach to receive
117 treated water under this contract is dependent on Virginia Beach's ability to provide Virginia Beach
118 water as provided herein. Moreover, Virglma Beach understands and agrees that it is solely
119 responsible for performing all acts necessary to provide Gaston Virginia Beach water as provided
120 herein, including, but not limited to, obtmmng all necessary permits from governmental agencies,
121 and constructing, operating and malntalmng the Gaston plpehne, Stumpy Lake and Stumpy Lake
122 pipeline providing Virginia Beach water to a d~scharge points satisfactory to Norfolk and Virginia
123 Beach. Norfolk agrees to obtmn all permits required to construct, operate, maintain or expand
124 Norfolk's water system in conjunction with performance of this contract; provided, however, in
125 obtaining or retmning any permit, Norfolk shall only be reqmred to use ~ts best efforts ~n good faith
126 and by all reasonable legal means. Virginia Beach and Norfolk agree to cooperate and assist each
127 other in obtaining the permits. Norfolk shall keep and mmntmn ~ts water facilities ~n good working
128 order in accordance with generally accepted standards for the operation and maintenance of a water
129 system.
130
2.2 Except as otherwise prowded ~n this contract, Norfolk shall dehver treated water to
131 the V~rglnla Beach water distribution system in such amounts as required by Virginia Beach, up to
132 a total annual average amount of 45.0 mgd, but not to exceed 0.9 t~mes the maximum sustainable
133 rate of Gaston water which Vlrglma Beach lS capable ofdehvenng to Norfolk for Virginia Beach's
134 use plus 1.8 mgd for Stumpy Lake water. If the option in paragraph 12.5 is exercised, the maximum
135 permissible total annual average amount stated above shall increase by 1.8 mgd to 46.8 mgd.
136
2.3 The rates at which Norfolk is obhgated to deliver treated water to Vlrg~ma Beach
137 under this contract (measured at the dehvery points provided for in paragraph 3) are as follows:
138 annual average day rate o f 45.0 mgd, -.~...,1,.,...: ........ .,.,...~' ..~,. ....... .,~c~°o ~,. ~.' maximum day rate o f 67 5mgd,
139 and maximum hour rate of 90.0 mgd (the Virginia Beach contract capacities). If the option in
140 paragraph 12.5 is exercised, the Virginia Beach contract capacities shall increase to an annual
141 average day rate of 46.8 mgd, maximum day rate of 70.2 mgd, and maximum hour rate of 93.6 mgd.
142
2.4 Norfolk shall prudently, efficiently and economically manage and coordinate the
143 conjunctive use and operation of the raw water resources including the Norfolk reservoirs, the
144 Blackwater and Nottoway Rivers, Gaston water, Stumpy Lake water, Norfolk wells and any other
- 5 -
145 raw water sources available to Norfolk. At any time after Norfolk commences dehvenng treated
146 water to Virginia Beach under this contract, Virginia Beach shall, upon Norfolk's request, supply
147 Gaston Virginia Beach water to Norfolk each month, within Virginia Beach's permit limitations and
148 within Stumpy Lake's conjunctive use hm~tations, in sufficient quantities to meet the Virginia Beach
149 monthly demand, adjusted for losses for so long as one of the following conditions exists: (1) the
150 total reservoir storage is less than 90% of capacity and the total annual average raw water demand
151 ~s less than 75% ofthe combined system safe yield, or (2) the total reservoir storage is less than 95%
152 of capacity and the total annual average raw water demand is between 75% and 85% of the
153 combined system safe yield, or (3) the total reservoir storage is less than 97% of capacity and the
154 total annual average raw water demand exceeds 85% of the combined system safe yield Further,
155 Vlrgima Beach shall supply additional Gaston Virginia Beach water above the Virginia Beach
156 current month demand if requested by Norfolk; provided, however, Vlrg~ma Beach shall not be
157 required to supply an amount of,..,,o~,_,,, Virginia Beach water in any consecutive 36 month period
158 ~n excess of the amount of treated water delivered to Virginia Beach by Norfolk pursuant to this
159
contract, dunng such 36 month period, adjusted for losses or in excess of its permit limitations or
160 in excess of Stumpy Lake's conjunctive use limitations.
161
2.5 Requests for Gaston Virginia Beach water shall be made by the Director of Utilities
162 of Norfolk or his designee to the Director ofPubhc Utihtles of Virginia Beach or his designee, in
163 oral, written or electronic form. Norfolk shall dehver to Virginia Beach written or electronic
164 confirmation of any oral, v,~:,ttcn or clcctron'ic request within 48 hours of making such request.
165
2.6 Norfolk shall supply to Virginia Beach, on a monthly basis, a written record of the
166 metered total number of gallons of treated water delivered to Virginia Beach each day and maximum
167 daffy and hourly rates of delivery, including time of occurrence. V~rglma Beach shall supply to
168 Norfolk, on a monthly basis, a written record of the metered total number of gallons of Gaston
169 Virginia Beach water supplied each day to Norfolk. The forms of the record shall be satisfactory to
170 both parties.
171
2.7 Norfolk shall wheel up to 9.7 mgd of Gaston water (10 mgd dehvered to Norfolk less
172 losses of 3%) on behalfofVirglma Beach to the intake of the Western Branch Pumping Station for
173 the benefit of the City of Chesapeake ("Chesapeake") Arrangements between Norfolk and
- 6 -
174 Chesapeake for the subsequent withdrawal, raw water pumping, and raw water transmission are to
175 be the subject of separate contractual negotiations between Norfolk and Chesapeake. V~rgima Beach
176 shall pay for the wheeling of the Gaston water for the benefit of Chesapeake on a cost of service
177 basis, based on the pnnclples set forth in paragraph 6.0, which costs shall be limited to the facihtles
178 used to wheel Gaston water for the benefit of Chesapeake Should Norfolk and Chesapeake fall to
179 execute such an agreement within two (2) years of L.,. cxc~,,,, of ~..,o contract July 14, 1993 (the
180 original execution date of this contract), Norfolk shall, at the request of V~rgima Beach, design and
181 construct the additional facilities Norfolk deems necessary for the withdrawal, pumping and
182 transmission of the Gaston water to "Red Top" to meet V~rglma Beach's contractual obligation to
183 Chesapeake to deliver up to 9.7 mgd to "Red Top." At completion of the additional facility
184 construction, Norfolk shall notify Virginia Beach of the total cost, (including capitalized return of
185 1.25 times the interest cost of debt associated with the design and construction of the associated
186 facilities) and V~rginla Beach shall pay such amount to Norfolk within 30 days. An example
187 calculation of such amount ~s shown in Table 12 of Exhibit B. Operation and maintenance expense
188 shall be paid by Vlrgima Beach to Norfolk Should such facfllt~es not be utilized to supply Gaston
189 water to Chesapeake, the Chesapeake demand charge calculation shall be based on a demand of
190 0.404 mg/hr (9.7 mgd). It is specffically agreed that the failure of Chesapeake to pay V~rg~ma Beach
191 for any reason shall not be a defense or reason for Virginia Beach to fail to pay Norfolk for the
192 wheeling of Gaston water for Chesapeake or the additional facility construction.
193
194 3.0 Delivery Points and Measurement.
195
196
3.4 Virginia Beach shall ~nstall and operate raw water meter or meters capable of
197 measunng the amount of water being delivered from the Gaston pipeline and Stumpy Lake p~peline
198 to Norfolk including totahz~ng and recording total flow and daily rates of flow. Each meter shall be
199 tested at least once every two (2) years.
200
- 7 -
201
202
6.2.3 Supplemental Demand Charge.
203
In the event that Virginia Beach's maximum hourly demand exceeds its contract
204 hourly demand rate of 90 mgd, Vlrglma Beach shall pay a supplemental demand charge for that
205 portion of 1ts mammum hourly demand wNch exceeds 90 mgd. The amount of the supplemental
206 umt demand charge shall be equal to two (2) times the umt demand charge determined pursuant to
207 subparagraph 6.2.2 of this contract. A sample apphcatlon of such charges is set forth on Table 7 of
208 ExhiNt B. If the option in paragraph 12.5 is exercised, the maximum hourly demand rate above shall
209 be 93.6 mgd.
210
211
7.0 Reduced Water Usage By Virginia Beach.
212
213
7.2 If Vlrgima Beach receives reduced quantities of treated water from Norfolk, as
214 provided in subparagraph 7.1 above, and then deslres to increase its maximum hour demand, it must
215 give one (1) fiscal year notice of such proposed increase if the proposed increase will exceed 110%
216 of the previous year's maximum hour demand. Such notice shall specify the new, Ngher maxzmum
217 hour demand Virginia Beach proposes to exert on the Norfolk water system during the fiscal year
218 following the one-year notice period. Vlrglma Beach shall pay the demand charge determined in
219 subparagraph 6.2.2 applied to the maximum demand included in the not~ce for the one-year notice
220 period, but shall not increase its maximum hour demand to the level included in the notice until the
221 second fiscal year. An example of how this prowsion would operate is included at Table 8 of
222 ExhlNt B. This provision shall not be deemed to allow Virginia Beach to increase its mammum
223 hourly demand above 90 mgd, or above 93.6 mgd, if the option in paragraph 12.5 is exercised.
224
225 10.0 Force Majeure and Hold Harmless.
226
227
10.3 Virginia Beach agrees to hold Norfolk harmless and indemnify Norfolk against any
228 claims or losses arising from recmpt of Gaaton Virginia Beach water by Norfolk or delivery by
229 Norfolk of treated water to Vlrglma Beach, unless Norfolk's negligence or failure to comply with
- 8 -
230 the reqmrements of subparagraph 4.1 was the cause of the damage which gave rise to the claim or
231 loss.
232 12.0 Effective Date.
233
234
12.5 By reason of Virginia Beach's acquisition of Stumpy Lake, Virginia Beach may
235 desire to request an increase of the V~rginia Beach contract capacities provided for in subparagraph
236 2.3, from an annual average day rate of 45 mgd to 46.8 mgd, maximum day rate of 67.5 mgd to 70.2
237 mgd, and maximum hour rate of 90 mgd to 93.6 mgd Virginia Beach, at its option, may make a
238 written request to Norfolk for such an increase in contract capacities. Upon receipt of such a request,
239 Norfolk, in its sole opinion, shall determine whether emsting uncommitted constructed capaci _ty
240 exists in Norfolk facilities capable of meeting any of the additional contract capacities contained in
241 paragraphs 1 and 2, and shall notify_ Virginia Beach in writing of such determination. Upon
242 affirmative notice by Norfolk that such existing uncommitted constructed capaci _ty does exist, such
243 increased contract capacities shall become effective on July 1 st of the next year.
244
245 14.0 Breaches Related to Treated Water Safe Yield.
246
14.1 If V~rg~ma Beach's treated water average day demand (measured at the metenng
247 points) exceeds the lesser of 45 mgd or 99.0% of~ts treated water safe yield, Virg~ma Beach must
248 reduce ~ts treated water usage such that it does not exceed the lesser of 45 mgd or 99.0% of ~ts
249 treated water safe y~eld. In such event, V~rginia Beach shall ~nst~tute adequate measures to ensure
250 that ~ts demand does not exceed the lesser of 45 mgd or 99.0% of ~ts treated water safe yield. In
251 addition, ~n such event, Norfolk may restrict the amount of treated water Virginia Beach may receive
252 to ensure that the usage of V~rgima Beach does not exceed the lesser of 45 mgd or 99.0% of its
253 treated water safe y~eld. If the option in paragraph 12.5 is exercised, Virginia Beach's mammum
254 permissible annual average day demand of 45 mgd shall be 46 8 mgd.
255
14.2 If the V~rglnia Beach average day demand (measured at the metenng points) exceeds
256 the lesser of 45 mgd or 99.0% of its treated water safe y~eld, for a fiscal year, then ~t shall pay a
257 supplemental charge for all usage above the lesser of 45 mgd or 99.0% of its treated water safe yield
258 ~n addition to all other charges provided in this contract. The supplemental charge shall be at the rate
- 9 -
259 of $4 00per 1,000 gallons mulnphed by the sum ofl plus 05 rimes the number ofyears since 1990.
260 Table 9 of Exhibit B includes an example of how th~s supplemental charge shall be calculated. If the
261 option in paragraph 12.5 is exercised, Virginia Beach's maximum permissible annual average day
262 demand of 45 mgd shall be 46 8 mgd.
263
264 15.0 Breaches Related to Contract Capacities.
265
IfV~rg~ma Beach's average day, .... : .......... '~' '
mo~,,,, u,, ,1,,,,,,, ~, maximum day, or maximum hour demand
266 exceeds the capacities contracted for in this agreement as set forth in subparagraphs 2.2 and 2.3,
267 then Virginia Beach shall reduce its treated water demands to the average day, max;mum
268 maximum day, and mammum hour capacities for which It has contracted in this agreement. To
269 ensure that the necessary reductions do occur, Virginia Beach agrees to institute adequate
270 conservation measures. In addition, ~n such event, Norfolk my restrict the rate at which Vlrgima
271 Beach my receive water to ensure that the demands of Virg~ma Beach do not exceed the average day,
272 maximum n,~..,., maximum day, or maximum hour capacities for which Virginia Beach has
273 contracted.
274
275 17.0 Termination by Norfolk.
276
17.1 Norfolk may terminate th~s contract only ~f one (1) of the following events occurs:
277
278
e. Virginia Beach has a total and permanent loss of ability to dehver Gaston Virginia
279 Beach water to Norfolk, including, but not limited to, equipment failure or destruction, or the loss
280 of any required permit, approval, or authority Such loss shall be deemed to be permanent if it
281 continues for twenty-four consecutive months.
282
283
20.0 General Terms and Conditions.
284
285
20.5 No Verbal Agreement. This contract contains all commitments and agreements of the
286 parties with respect to storage treatment and transmission of Gaston Virginia Beach water supplied
- 10 -
287 by V~rg~ma Beach, and no verbal or written commitments other than th~s contract shall have any
288 force or effect regarding these water services.
289
290
291 F \Users\WMacah\WP\ORDRES\serv~cekamds wpd
- 23 -
Item V-H. 6.
ORDINANCES/RES OL UTION
ITEM # 47752
TO WN CENTER ,4 GREEMENT
The Cay Attorney with the uttltzatton of Power Potnt presented a review of the Town Center Agreement and
the proposed Ftrst Supplement
General Provisions:
Parttes Vtrgtnta Beach Development Authortty and the Developer (Town
Center Assoctates (Armada Hoffler)
Under the umbrella concept of an economic development park the
agreement provtdes for
The Authortty's acqmsttton of the property for the park wtth a
secured agreement for the Developer to purchase the property
wtthtn 5 years
Armada Hoffler to develop a phased mtxed use prtvate
development of a Town Center tn the Central Bustness Dtstrtct
to include
Phase 1 Office tower, addtttonal office and retail space
Phase IA Theater and bank factltty
Phase II Second office tower, retail, hotel and department stores
Phase III Future phase beyond the present parameter of the Development
Agreement
Financing of Public Infrastructure and Amenities:
Ftnanctng of base pubhc tnfrastructure (roads and uttltttes) by
the Ctty
Ftnanctng of parktng garage and otherpubhc amentttes for each
phase of development vta Tax Increment Financing Dtstrtct
(TIF)
Ftnanctng of pubhc garage operatton and any cost overrun of
pubhc amentttes vta Special Tax District encompasstng the
development area only
Review of First Supplement
The Ftrst Supplement contatns the followtng provtstons
tmplementtng the Letter of Intent dated October 10, 2000
Parktng Garage - Development authortty expanston (216
spaces), relocatton (to front Vtrgtnta Beach Boulevard), and
tmproved construction standards, all at an addtttonal cost of
$7415-MILLION (Garage prtce tncreases from $15 085-
MILLION to $22 5-MILLION)
Hotel - Developer ad&tton of Marrtott Renatssance Hotel (209
rooms, 142, 000 square feet (esttmated) to Phase I, completton
date - no later than July 1, 2003)
February 13, 2001
- 24 ~
Item V-H. 6.
ORDINANCES/RESOLUTION ITEM # 47752 (Continued)
Optton- If Developer, by August 30, 2001, ts unable to commtt to construct
a hotel
Developer butlds 8, 000 square foot retatl tn hotel footprtnt
Developer pays retmbursement (based on projected hotel
revenues) tn the amount of $2,600,285 payable tn equal annual
tnstallments ($520,057) over five (5) years
Developer to provtde Letter of Credtt or other surety acceptable
to Development Authortty to secure payment
Developer tn heu of payment may offset the retmbursement
amount by constructtng addtttonal retatl or office components
whtch produce projected tax revenue sufficient to offset the
estabhshed retmbursement amount
Early purchase - garage Development Authority to purchase parktng
garage upon substantial completion of garage (mstead of at substanttal
completton of office tower) and exerctse of the hotel option
Saves approxtmately fourteen (14) months tnterest carrytng
charge for Developer
Interest funds saved are "captured" and directed to offset costs of the
hotel
Completton bond tn favor of the Development Authortty to be
placed on hotel and office tower
If hotel ts not to be bmlt, no earlypurchase of theparktng garage
Housekeeping type items:
Affirms all costs to the Ctty and Development Authority other
than bastc tnfrastructure and operattng costs are payable from
TIF (Tax Increment Ftnanctng Dtstrtct funds)funds, garage
operattng costs and any TIF shortage payable from Special Tax
Dtstrtct funds
Affirms TownBank parcel to be purchased by the Development
Authority and placed tn optton land (purchase by Developer
from the Authortty wtthtn five (5) years, purchase secured by
performance bond)
Estabhshes Developerparktng rtghts (up to 10% of all spaces for
thtrty (30) years), destgnates Ctty Manager to estabhsh parktng
rules, tncludes provtston tncreasmgfree parktng term from 25 to
30years
Columbus Center land included tn Special Tax Dtstrtct
AdJusts square footage of Phase I bmldtngs commensurate wtth
current plans, matntatns TIF standards and coverages
Techmcal changes to exhtbtts
February 13, 2001
- 25 -
Item V-H. 6.
ORDINANCES/RESOLUTION ITEM # 47752 (Continued)
Louts S Haddad, Prestdent and CEO- Armada/Hoffler Hol&ng Company, presented further tnformatton
relattve Phase I Across the country, the central courtyard concept tn the Town Center has taken hold
among the upscale retailers The Central Park ss located tn the mtddle of the project and all the retatlers
prefer locations surrounding thts park Therefore, thts necessttated moving the parktng garage to front
Vtrgtnta Beach Boulevard As st was previously htdden, st wtll be a prominent structure on Vtrgtnta Beach
Boulevard and, therefore, has been upgraded The Phase I project has increased approxtmately 25%
Addtttonal spaces are necessary to accommodate the proposed hotel If the plans succeed, Phase I wtll
encompass over $80-MILLlON of prtvate tnvestment The two blocks of retail should be opened at the same
ttme Phase I ss opened Jbwn Center Assoctates ss presently tn negottatton wtth a major apartment
developer (300 upscale restdenttal htgh rtse umts) and hopefully "ground wtll be broken" next year On
OctoberlO, 2000, Ctty Counctl ADOPTED a Resolutton approvtng a non-btndtng letter of tntent whtch
proposed modtficattons to enhance the Town Center project (addition of a hotel) Negottattons have been
made wtth a proposed operator, Crestline Hotels and Resorts, and Stormont Trice, hotel developer, for
the development of a Renatssance Hotel, Resorts & Suites, to butld a First Class Hotel
Dtck Stormont, Stormont Trtce Developers, advtsed the most current hotel developed ss the Renatssance tn
Portsmouth, Vtrgtnta Many untque opportuntttes are foreseen tn Vtrgtnta Beach The securtng of the
Renatssance brand from Marrtott Internattonal was a major step forward tn upgradtng the level and quahty
of the hotel component tn the Town Center With the asststance of Burrell Saunders, a hotel has been
destgned wtth the posstbtltty of 225 rooms There will be a spectally destgned meettng space to handle the
small meettng bustness, (the more corporate ortented bustness and the transtt sector) The hotel
development busmess ss a very complex financmg structure The bastc financmg and concepts of the
feastbtltty are tn place The operator has commttted an tnvestment together with Armada Hoffler and
Southern Hospttahty Group
Patrtcta Phtlhps, Dtrector of Ftnance, advised that stnce the Tax Increment Ftnanctng (TIF) and the extra
fundtng invested tn Phase I, the Ctty wtll have all debt mcurred covered with no attachments to the City's
General Fund Should the conservattve projecttons be wrong, the Special Tax Dtstrtct (bastcally the Town
CenterprojecO would have to bear an addtttonal tax rate to make up the difference There are several layers
of rtsk management that protect the Ctty's General Fund
Mark Wawner, Economic Development, advtsed the Ctty has made tnvestments tn the transportatton system
over the last twenty years tn anttctpatton of the development of the Town Center Stgntficant tmprovements
have been made to the Interchange at 264, Vtrgtnta Beach Boulevard and lndependence Boulevard ss betng
8-laned Several studtes tn conjunctton wtth VDOTare betng comptled to tmprove enhancements for mgress
and egress to the Town Center Several opttons are betng stuched to tmprove dtrect access to the Interstate
Upon motton by Councdman Jones, seconded by Counctl Lady McClanan , Ctty Counctl ADOPTED:
Ordtnance re a Ftrst Supplement to the Town Center Agreement,
recommending executton by the Vtrgtnta Beach Development Authortty
(VBDA), and, authortztng the Ctty Manager to execute an amended
Agreement supporting the Authortty's obhgattons
Vottng 9-0
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E
Oberndorf Nancy K Parker and Rosemary Wilson
Counctl Members Vottng Nay
None
Councd Members Absent
Wtlham W Harrtson, Jr and Vtce Mayor Wtlham D Sessoms, Jr
February 13, 2001
AN ORDINANCE TO APPROVE A FIRST SUPPLEMENT TO THE
TOWN CENTER AGREEMENT AND RECOMMENDING
APPROVAL AND EXECUTION BY THE VIRGINIA BEACH
DEVELOPMENT AUTHORITY, AND FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AMENDED
AGREEMENT SUPPORTING THE AUTHORITY'S OBLIGATION S
WHEREAS, on behalf of the City of V~rg~ma Beach (the "C~ty") and the City of V~rg~ma
8 Beach Development Authority (the "Authority"), the City Manager and C~ty staffhave engaged ~n
9 extensive negotiations with representatives of ArmadaYHoffier Development Company, L.L C., and
10 ~ts affihates, regarding the development of a Central Bus~ness District ProJect known as "The Town
11 Center of Virginia Beach" (the "Project"),
12
WHEREAS, the Project is an investment partnership between the Authority and Town Center
13 Associates, L.L.C. (the "Developer"), for a m~xed use commercial development utilizing the
14 structure of an economic development park in the Central Business District w~th the first phase of
15 the Project to serve as the catalyst for the development of such a park by the Authority;
16
WHEREAS, by Ordinance No. 2570Q adopted February 8, 2000 (the"Ordinance"), the C~ty
17 Council approved development documents for the Project (the "ProJect Documents"), requested the
18 Authority to approve and execute the Project Documents and authorized the C~ty Manager to execute
19 a Support Agreement between the C~ty and the Authority;
20
WHEREAS, by Resolution adopted February 15, 2000, the Authority approved the Project
21 Documents and thereafter executed same;
22
WHEREAS, subsequent to the execution of the Project Documents, the parties have
23 ~dentffied certmn necessary and desirable modffications to the Project which will enhance the
24 ProJect;
25
26
27
WHEREAS, by Resolution No RES-02828 adopted October 10, 2000 ( the "Resolution"), the
C~ty Council approved a non-b~ndlng Letter of Intent dated October 5, 2000, which set forth necessary
and desirable modfficat~ons to the Project which will enhance the Project,
28
29
WHEREAS, by the Resolution, the C~ty Council found that the proposed enhancements to the
Project would be beneficial to the ProJect;
30
31
32
WHEREAS, as recommended by the Resolution, the Authority approved and executed the Letter
of Intent pursuant to its Resolution adopted October 17, 2000, and the C~ty Manager and the C~ty
Attorney, on behalf of the City and the Authority, have pursued the preparation of new and rewsed
33 Project Documents which are necessary and appropriate to describe and effectuate the enhancements
34 to the Project described In the Letter of Intent (collectively the "Supplementary Documents");
35
WHEREAS, included as one of the Project Documents ~s a Support Agreement between the C~ty
36 and the Authority (the "Support Agreement") pursuant to which the obhgations of the Authority
37 contained in the ProJect Documents would be supported by the City, with the traditional public
38 infrastructure costs of the ProJect to be funded through the C~ty's CIP and other obhgatlons of the
39 Authority structured to be paid, subject to annual appropriation, by the available revenue from the TIF
40 Fund and a special tax d~stnct to be established,
41
WHEREAS, pursuant to the Resolunon, the City Manager and the City Attorney have pursued
42 the preparation of a revised Support Agreement between the City and the Authority pursuant to which
43 the obligations of the Authority contained in the Project Documents, as amended by the Supplementary
44 Documents would be supported by the City, and
45
WHEREAS, the City Council desires that the Authonty approve and execute the Supplementary
46 Documents.
47
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
48 BEACH, VIRGINIA:
49
1. The City Council approves the First Supplement to Development Agreement, a complete
50 copy of which is on file with the City Clerk (the "First Supplement"), which implements necessary and
51 dearable modifications to the mixed-use commercial development project known as "The Town Center
52 of Virgima Beach" in the Central Business District utilizing the structure of an economic development
53 park (the "Project").
54
2 The City Council requests that the Authority adopt a Resolution consistent with this
55 Ordinance approving the F~rst Supplement and all other documents required to implement the prows~ons
56 of the First Supplement (collectively, the "Supplementary Documents"), authorizing their execunon and
57 authonmng the City Manager and the City Attorney, on behalf of the Authority, to proceed with the
58
59
development of any additional Supplementary Documents necessary and appropriate or contemplated
by the First Supplement to implement the enhanced Project, with the Supplementary Documents to be
60
61
62
63
consistent with the terms outlined in the First Supplement and that the Chairman of the Authority be
given the authority to modify any Project Documents (as amended by the Supplementary Documents)
and any Supplementary Documents to which the Authority is a party to the extent such modffications
may be technical in nature or may be necessary from time to time to ~mplement the prows~ons of the
64
65
ProJect Documents (as amended by the Supplementary Documents), provided that after such
modifications, the Project Documents and Supplementary Documents shall remain in substantial
66 conformity with the Development Agreement (as modified by the First Supplement) and such
67 modifications are acceptable to the City Attorney.
68
3. On behalf of the City of Vlrglma Beach, the City Manager and the City Attorney are
69 hereby authorized and directed to proceed with the preparation of any additional Supplementary
70 Documents necessary and appropriate or contemplated by the First Supplement to implement the
71 enhanced ProJect, with the Supplementary Documents to contain such terms as are consistent with the
72 terms contained in the First Supplement.
73
4 The City Manager, or his designee, is authorized to execute and deliver 0) the Amended
74 Support Agreement between the City and the Authority supporting the Authonty's obligations contained
75 in the ProJect Documents and (ii) such other Supplementary Documents to which the City is a necessary
76 party so that the Authority can then proceed with the ProJect.
77
5 The City Manager is authorized to modify any ProJect Documents (as amended by the
78 Supplementary Documents) and any Supplementary Documents to which the City is a party to the extent
79 such modifications may be technical in nature or may be necessary from time to time to implement the
80 provisions of the Project Documents (as amended by the Supplementary Documents), provided that after
81 such modifications, the Project Documents and Supplementary Documents shall remain in substantial
82 conformity with the Development Agreement (as modified by the First Supplement) and such
83
84
modifications are acceptable to the City Attorney.
February
Adopted by the Council of the City of Virginia Beach, Virginia, on the /Je_l~lay of ,2001
85 CA-7992
86 F \Data~ATY~Ordm\NONCODE\CA7992 ord wpd
87 R-6
88 February 7, 2001
89
90
91
92
93
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY
City Attorney
Item VoH. Z
- 26-
ORDINANCES/RES OL UTION
ITEM # 47753
Ordinance to authorize and chrect the City Manager to execute
a Deed of Release and Exchange re agricultural lands
preservation easement (ARP) located on the land owned by the
Ralph Lee Frost Trust
Thts Ordtnance was constdered tn conjunction wtth the Apphcatton of SBA COMMUNICATIONS
CORPORA TION /C. E. FOREHAND, III, for a Condtttonal Use Permit re a communtcattons tower on
the south stde of Land of Promtse Road, 1265feet west of Blackwater Road (3161 Land of Promtse Road),
contatmng 92 6 acres (DISTRICT 7 - PRINCESS ANNE) (Item 1 5 - PLANNING)
February 13, 2001
-27-
Item V-H. 8.
ORDINANCES/RES OL UTION
ITEM # 4 7 754
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, City Councd ADOPTED:
Ordtnance to RATIFY revtstons to the rules and regulattons re auxiliary
police officers
Vottng 11-0 (By ConsenO
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor
Wdham D Sessoms, Jr and Rosemary Wdson
Councd Members Voting Nay
None
Councd Members Absent
None
February 13, 2001
AN ORDINANCE RATIFYING REVISIONS TO
THE RULES AND REGULATIONS APPLICABLE
TO AUXILIARY POLICE OFFICERS
WHEREAS, Section 27-4 of the City Code provides that the
5 Chief of Police may appoint auxiliary police officers, and, with
6 the City Manager's approval, make rules and regulations concerning
7 such officers;
WHEREAS, Section 27-4 further provides that '~such rules
9 and regulations shall be subject to ratification by the council";
10
WHEREAS, since the early 1990s, membership in the
11 Virginia Beach Auxiliary Police has diminished;
12
WHEREAS, in an effort to reverse this decrease in
13 membership, and rebuild interest in the program, the Chief of
14 Police has recommended, and the City Manager has approved,
15 revisions to the program's rules and regulations; and
16
WHEREAS, City Council supports this initiative to
17 increase membership and rebuild interest in the program.
18
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
19 OF VIRGINIA BEACH, VIRGINIA:
20
That pursuant to Section 27-4 of the City Code, City
21 Council hereby ratifies revisions to the rules and regulations
22 concerning auxiliary police officers as set forth in the Policy
23 Report which is attached hereto as Exhibit A.
24
Adopted by the Council of the City of Virginia
25 Beach, Virginia, on the 13 day of February
, 2001.
CA-7982
Ordin~noncode~Auxiliary police.ord.wpd
February 7, 2001
R2
APPROVED AS TO CONTENT:
Police Department
APPROVED AS TO LEGAL
-~ty ~'~torney' s Office
EXHIBIT A
Policy Report on
Proposal to Revise Structure of the Auxiliary Police Unit
Back~round
Purpose
This report provides a brief history of the Virginia Beach Police Auxiliary Unit, identifies issues which have limited
the value of the unit in recent years, and provides an alternative course of action to remedy those issues.
.Brief Histo..ry
The Virginia Beach Auxiliary Police was established in 1960 as a Civil Defense Unit with no powers of arrest, or
weapons other than a defensive baton. The unit was primarily used for special assignments and emergencies. In 1963,
the members were sworn in as law enforcement officers with arrest authority and weapons. A rank structure was
employed. However, by 1970, it was determined that there were too many complications developing between the regular
patrol officer and the auxiliary "sergeant" or "lieutenant" and the rank structure in the Auxiliary was dissolved. The
auxiliary officers were assigned to precincts during that year.
There were no significant changes in the Auxiliary until 1975 with the acceptance of women as members and the
initiation of the Auxiliary Police Academy. The academy was held twice per year and required that the recruits attend
classes ever~ Saturday and Sunday for approximately seventeen weekends prior to being sworn. In 1976, the Police
Department mandated additional training for the auxiliary unit in an attempt to have them remain trained at the same
level as that required of all regular officers.~, Forty hours of in-service training were added to the annual firearms
qualifications. City Council approved, an increase in membership to ninety sworn personnel that same year. A series
of changes began in ! 980 which were considered necessary to upgrade the professionalism of the unit. A level system
was introduced enabling members to qualify for various degrees of performance.
Throughout the period from 1981 to 1994, membership in the Auxiliary was renewed through recruitment, hiring and
academy training. In 1994 a Virginia Department of Criminal Justice Services "certified" Auxiliary academy was
conducted and ten recruits graduated and were issued their state certification. At the conclusion of this academy, seven
of the recruits were hired by the department as full time officers. One additional Auxiliary academy graduated in 1996
with nine graduates.
Current Levels of Auxiliary
Thc current breakdown for the level system is as follows:
Lev,e! I
This level includes sworn officers with full arrest powers, capable of working independently in the same capacity as
a paid officer. These officers are entitled to carry a weapon on duty only. These officers have successfully completed
the required 480 hours of training courses and the 100 hours of field training to be considered as certified officers
through the Virginia Department of Criminal Justice Services (D.C.J.S.).
.!
Once certified as a Level I auxiliary officer, the Virginia Beach Police Department requires that the member volunteer
a minimum of twenty hours per month on auxiliary duties and complete forty hours of in service training each calendar
year.
Currently, there are sixteen fully certified Level I officers assigned in the Auxiliary Police Unit. There are no Level II
or Level III auxiliary personnel.
These officers have augmented the department's staffing during events or occasions which could overburden the normal
operaUons of the department During special events, such as parades or city-sponsored functions, Level I auxiliary
personnel are utilized to their fullest extent for handling traffic and crowd control, thus freeing prod personnel to
perform their normal patrol duties.
In time of civil disturbance or natural disaster, Level I auxiliary personnel may be used to assume the patrol duties of
paid officers who are needed to perform special assignments dealing with the disturbance or disaster When not
involved in special events, civil disturbances or natural disasters, sworn Auxiliary personnel may perform routine duties
in accordance with department and Auxiliary regulations.
Level II
This level includes sworn officers with full arrest powers who must ride with a Level I Auxiliary officer or a paid full-
time police officer. This level is a field training phase for Level I. These officers carry firearms while on duty only.
These officers are not certified under D.C.J.S. standards since they have not completed the required field training.
Level III
This level consists of non-sworn personnel who are attending the Auxiliary academy.
Service Hours Volunteered
From 1993 to early 2000, members of the Auxiliary volunteered a total of 83,325 hours and answered 26,256 calls for
service. The dedication of this unit during this time frame has resulted in a total value to the city of$1 8 million. This
figure is based on a straight hourly rate ($21.78) of a midrange Master Police Officer position. The number of hours
volunteered by auxiliary officers has decreased significantly in recent years. In 1999 the Auxihary Police Unit worked
a total of 3,200 hours, far below the levels of the early 1990s. A total of 2,695 hours has been volunteered through
August 2000.
Membership and Recruitment
Until the early 1990s, the Auxiliary Police maintained a membership of approximately 90 members. Since 1995, when
the last Auxiliary academy was conducted, there have been two attempts to recruit new members These recruitment
efforts were conducted in the fall 1997 and summer 1998 Applicant response was poor and few of the candidates
could meet the testing criteria, particularly the background/polygraph phase.
Currently membership in the Auxiliary Police consists of 16 fully certified Level I officers. The primary problem with
the recruitment of new members into the Auxiliary is that in order to qualify individuals for a Level I status (480 hours
according to mandates olD C J.S.), it would be necessary to conduct an academy lasting approximately one full calendar
year. This academy would require prospective members to attend training one night per week for four hours and every
Saturday and Sunday for eight hours. Not only are prospective members simply unable to make such an enormous
commitment, but the Virginia Beach Police Department's Office of Professional Development and Training would be
substantially overburdened by the training demands. Due to the inability of prospective Auxiliary Officers being able
to make a commitment to a full time Auxiliary academy schedule, the force, through simple attrition, has decreased from
approximately 90 members in 1990 to 16 members in 2000.
Training Requirements
The current Department of Criminal Justice Services requirement for certification as a Law Enforcement Officer is 480
hours of training. The Virginia Beach Police Department's basic recruit academy for full-time paid officers consists
of 880 hours. The 480 hours are the same for full time paid officers as well as auxiliary officers performing the duties
of a certified paid officer.
There are no D.C.J.S. minimum standards for non certified auxiliary officers, with the exception of firearms and use
of force training (State Code 9-180).
Selection Process
A second significant issue involves the selection process for auxiliary officers. The selection process has not been the
same as for full time paid officers. Historically, applicants for auxiliary officer positions have not been required to take
the Behavioral Personnel Assessment Device (BPAD) examination. This exam tests the individual's communicative
abihty and interpersonal skills in stressful situations. This has created problems when auxiliary officers wish to compete
for full time positions and are declined due to their inability to meet hiring criteria for the desired position. In order to
meet the national accreditation standards, Auxiliary applicants must participate in the same selection procedures as
applicants for full-time sworn police positions.
Intended Course of Action
To address the problems associated with attracting, training, and maintaining membership in an active Auxiliary Police
Unit, it is our intent that future new membership in the Auxiliary be limited to a newly defined Level II status This
new Level II status would be non D.C.J.S. certified, but still allow the auxiliary officer to be armed and accompany a
full-time paid police officer. A non certified status will require less than the mandated 480 hours to achieve certified
status. Virginia Beach training staff has tentatively drafted a curriculum of 270 hours primarily consisting of firearms,
use of force, defensive tactics, and other skill areas which are critical in order to be placed in situations where they will
be assisting full-time paid officers (see attachment). Upon completion of the academy, recruits would participate in a
field training program the same as full time paid officers prior to being released for regular duties.
The proposed Academy will include 270 hours of core curriculum lasting 17 weeks, each week consisting of two 4 hour
weekday evening sessions and one 8 hour Saturday session.. A comprehensive field training program will be instituted
to expand and supplement the basic training curriculum in an effort to meet all performance standards mandated by the
Department of Criminal Justices Services for state certification, even though Level II will be a non certified status
The Auxiliary field training program will consist of all criteria required by the current certified field training program
for probationary police officers. Since the new Level II Auxiliary officers will be required to ride with a certified
officer, the field training phase can be extended over a period of 15 months (8 hours per week). While Auxiliary
officers may complete the field training phase in a shorter period of time, all will be required to complete that phase
within 15 months of graduating the Auxiliary academy. Section 9-180 of the Code of Virginia sets forth the
requirements for training of auxiliary officers. Section 15.2-1733/1734 addresses the appointment and organization
of Auxiliary Police officers.
Unlike the current Level I program where training time can be used to satisfy the minimum auxiliary volunteer hours
per month, time devoted toward training will not count toward service time.
A Level II officer would accompany full time officers during routine patrol and special events This would allow
augmentation of the work force during peak times of service delivery and demand. They could also assist in transporting
prisoners, funeral escorts, and traffic control.
This academy could be conducted in approximately four months with mu~h less demand on the auxiliary recruit and the
staff of this department's Office of Professional Development and Training.
Existing Level I members who are in good standing would remain as Level I qualified for the remainder of their
Auxiliary career as long as they continue to meet the requirements of that level. Existing Level I members not in good
standing would be reduced to Level II or dropped from the program. Those individuals in training as Level II officers
will be considered as Level II Auxiliary recruits. Level III will be eliminated.
Addressing the issue of non parity in the selection criteria, Auxiliary officers will be required to participate in all phases
of a selection process as demanded ora full time paid officer The same hiring and testing procedures will be used for
the Auxiliary officers as is utilized for full time paid positions. This will eliminate any inconsistencies when auxiliary
personnel desire to compete for paid positions within the department.
Comparison of Training Requirements and Range of Duties for Various Levels
VBPD Full Time Current Level I Current Level II Proposed Level II
Paid Officer Auxiliary Officer Auxiliary Officer Auxiliary Officer
Hours of Academy Field training phase
Training only.
DCJS Required 480 hours 480 hours 0 hours
VBPD Actual 880 hours 480 hours 270 hours
Inservice Training Field training phase
only.
DCJS Required 40 hours bi annual 40 bi annual 0 hours
VBPD Actual 40 hours every year 40 every year 40 hours every year
Field Training Field training phase
only
DCJS 100 hours 100 hours 0 hours
VBPD 520 hours 520 hours 520 hours
Considerations
There is a master police officer position which serves as the Police Auxiliary Coordinator within the
department's structure and an operational budget is already established for the unit. There will be no further
need to increase costs to the city at this time. City Council currently has approved up to 100 Auxiliary Police
positions.
.
Procedures for the selection, recruitment, and hiring of new auxiliary officers are currently in place. These
procedures are identical to the procedures required for paid officers. The Department of Human Resources,
the Office of Professional Development and Training, and the Auxiliary Coordinator will utilize current
resources to implement the hiring and training of new officers.
.
As in the past, patrol supervisors are able to request auxiliary officers to supplement stalTmg needs when there
is a shortage of available full-time paid patrol officers and during special events. Level I and Level II auxiliary
officers will provide the ability for supervisors to assign an increasing number of two officer units. This ability
will enable more units to remain in an available status while providing immediate assistance to those officers
assigned an Auxiliary. '~
With the unit at near or full membership and members having met all of the selection requirements demanded
of full time paid officers, the Auxiliary Police Unit would provide a pool of potential officers during
recruitment efforts. These individuals would be reqmred to commit to the hiring process again and complete
the full time academy. However, officers produced through the auxiliary would represent candidates with a
substantially better chance of completing the required training The department would also have had the
opportunity to observe these officers in a duty status over a period of time, enabling recruitment personnel
access to a better understanding of the prospective members' abilities.
The City Attorney's Office has been contacted with the proposed changes and advises that there are no
significant changes in legal implications associated with a Level II Auxiliary Force The Department of
Criminal Justice Services training requirements currently in place for Level II officers will continue to be met.
Public Information
Information on recruitment, training, and membership requirements will be supplied in the same manner as for paid
officers. The Department of Human Resources and the Police Department's Media Relations Office will assist in the
coordination of information distribution. The Auxiliary Police Unit is currently in the process of creating a web page
designed to allow access to information about the unit by citizens, other agencies, and auxiliary police units. The web
page will be submitted for approval to link with the City of Virginia Beach's web page.
Recommendations
It is recommended that:
l)
Level I status be discontinued as an option for new auxiliary personnel. The auxiliary program will be limited
to the proposed Level II status for new personnel.
2)
A training curriculum be finalized for Level II officers to meet liability requirements and provide new auxiliary
officers with the skills required to perform their duties.
3)
Current Level I auxiliary officers may remain in that status until they no longer meet the requirements of the
position. Strict compliance to existing Level I officer requirements will be emphasized. Those who do not
meet these requirements will be reduced to Level Il status, or released from the program.
4)
The position of Auxiliary Coordinator (Master Police Officer) exists within the current organizational structure
(Operations Division). The department will consider requesting an additional sergeant position to serve as
Auxiliary Coordinator due to the responsibilities involved, if full staffing of the program is accomplished.
Prepared by: /~ /~
Rewewed by:
Les~_yill'obt/, City A~orney ~.............._..~
Keith Barron, Risk Management Administrator
Spore, City
Fa~t[n Stackhouse, DirectOr of Human Resources
Oral Lambert, Chief Operating Officer
Item V-H. 9.
- 28 -
ORDINANCES/RESOL UTION
ITEM # 4 7755
The followtng spoke tn SUPPORT:
Leonard Yesalusky, 4713 Amberjack Drtve, Phone 467-8986, Vtce Prestdent- Old Domtmon Soccer Club
Brandy Zebb, 800 Monmouth Lane, represented Youth Leaders tn Actton
Ronny Hayes, 800 Monmouth Lane, represented Youth Leaders tn Actton
Upon motton by Councd Lady Henley, seconded by Counctl Lady Wtlson, Ctty Counctl ADOPTED:
Resolutton to ACCEPT the Virginia Beach Outdoors Plan 2000 Update
as a guidance document for open space and recreattonal planntng, and,
tntegrate the plan as part of the next revision to the City's Comprehensive
Plan
Vottng 11-0
Council Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, ,Ir,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wdham D Sessoms, dr and Rosemary Wdson
Counctl Members Vottng Nay
None
Councd Members Absent
None
February 13, 2001
A RESOLUTION TO ACCEPT THE VIRGINIA
BEACH OUTDOORS PLAN 2000 UPDATE AS A
GUIDANCE DOCUMENT FOR OPEN SPACE
AND RECREATIONAL PLANNING AND TO
INTEGRATE THE PLAN AS PART OF THE NEXT
REVISION TO THE CITY'S COMPREHENSIVE
PLAN
WHEREAS, the Virginia Beach Outdoors Plan ("VBOP") 2000 Update is an extension of
9 the 1994 VBOP and the more recent influence of the Open Space Advisory Committee Report of
10 1998 and continues to address the protection, planning, design and funding of the C~ty's natural and
11 recreational resources;
12
WHEREAS, the VBOP Update 2000 focuses on Greenways, Beaches, and Scenic
13 Waterways; Cultural and Natural Areas; Parks and Athletic Facihties; and Trails as outdoor system
14 components and also focuses on the need and availability of open space for visual and physical
15 access to land for enjoyment by our citizens;
16
WHEREAS, an extensive public involvement process was conducted involving seven focus
17 groups represented by voting district, a telephone survey of over 500 registered voters and nine
18 public meetings that included two general meetings and one meeting in each voting district; and
19
WHEREAS, the VBOP Update 2000 has been coordinated and reviewed by various City
20 departments including the Department of Planning, the Planning Commission, the Parks and
21 Recreation Commission and the Beaches and Waterways Commission.
22
23
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
24
That the City Council accept the Virginia Beach Outdoors Plan 2000 Update as a guidance
25 document for open space and recreational planmng and to integrate the Virginia Beach Outdoors
26 Plan 2000 Update as part of the next revision to the City's Comprehensive Plan.
27 Adopted by the Council of the City of Virglnia Beach, Virginia, on the 13 day of
28 Febr.,~o__rY ,2001.
29
30
31
32
CA7967
F:kData~TY~OrdinhNONCODE\outdoor plan.res.wpd
January 23,2001
R-1
33
34
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
35
36
Parks and Recreati n~)
City ~ney
- 29-
Item V-I.
PLANNING
ITEM # 4 7756
1. RCR MANAGEMENT COMPANY, INC.
MODIFICATION TO THE GREEN
RUN LAND USE PLAN
2. SAIR ENTERPRISES, INC.
CONDITIONAL USE PERMIT
3. COMMUNITY UNITED METHODIST CHURCH
CONDITIONAL USE PERMIT
4. UNITED PENTECOASTAL CHURCH OF
VIRGINIA BEA CH
CONDITIONAL USE PERMIT
5. SBA COMMUNICATIONS CORPORA TION/
C.E. FOREHAND, III
CONDITIONAL USE PERMIT
6. RHEMA HARVEST CHURCH
CONDITIONAL USE PERMIT
7. JA YBAROT
CONDITIONAL CHANGE OF ZONING
And
CONDITIONAL USE PERMIT
& BILL Y W. CHAPLAIN
CONDITIONAL CHANGE OF ZONING
And
CONDITIONAL USE PERMIT
February 13, 2001
- 30-
Item V-I.
PLANNING
ITEM # 47757
Upon motton by Vice Mayor Sessoms, seconded by Counctlman Branch, City CounctlAPPROVED in ONE
MOTION Items 3, 4, 7 and 8 (DEFERRED) of the PLANNING AGENDA
Item 18 was DEFERRED until the City Council Session of March 27, 2001, BY CONSENT
Voting 11-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, IIL Margaret L Eure, Wtlltam W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce
Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
February 13, 2001
Item V-I. 1.
- 31 -
PLANNING
ITEM # 4 7758
Attorney Leshe R Watson, One Columbus Center, Sutte 1100, Phone, 497-6633, represented the apphcant
and requested DEFERRAL unttl the Ctty Counctl Sesston of March 13, 2001
A MOTION was made by Counctl Lady McClanan, seconded by Counctl Lady Parker, to DENY the
Apphcatton of RCR MANAGEMENT COMPANY, INC.,for a MODIFICATION to the Green Run Land
Use Plan to allow motor vehtcle rentals (trucks)
Upon SUBSTITUTE MOTION by Counctlman Harrtson, seconded by Counctl Lady Henley, Ctty Counctl
DEFERRED TO THE CITY COUNCIL SESSION OF MARCH 13, 2001, the Apphcatton of RCR
MANAGEMENT COMPANY, INC., for a MODIFICATION to the Green Run Land Use Plan to allow
motor vehicle rentals (trucks)
ORDINANCE UPON APPLICATION OF RCR MANAGEMENT
COMPANY, INC FORA MODIFICATION TO THE GREEN R UN LAND
USE PLAN TO ALLOW MOTOR VEHICLE RENTALS (TRUCKS)
Ordtnance upon apphcatton of RCR Management Company, Inc for a
modtficatton to the Green Run Land Use Plan to allow motor vehtcle
rentals (trucks) at the northwest corner of Lynnhaven Parkway and
Prtmrose Lane (GPIN #1485-78-3134) Satd parcel ss located at 1401
Lynnhaven Parkway and contains 3 797 acres ROSE HALL -
DISTRICT 3
Vottng 6-4
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Wtlham W Harrison, Jr, Barbara M Henley,
Louts R Jones, Robert C Man&go, Jr and Mayor Meyera E
Oberndorf
Counctl Members Vottng Nay
Margaret L Eure, Reba S McClanan, Nancy K Parker and Rosemary
Wtlson
Council Members Absent
Vtce Mayor Wtlham D Sessoms, Jr
February 13, 2001
- 32 -
Item VJ. 2.
PLANNING
ITEM # 4 7759
Attorney Edward Bourdon, Pembroke One, Phone 499-8971, represented the apphcant
Attorney Davtd Hay, 228 North Lynnhaven Road, State 107, Phone 481-0000, represented Kay Chaplain,
the adJacent property owner and regtstered tn OPPOSITION to the automotive storage
Upon motton by Counctl Lady McClanan, seconded by Counctlman Branch, Ctty Counctl ADOPTED
Ordtnance upon apphcatton of SAIR ENTERPRISES, INC., for a Conditional Use Permtt
ORDINANCE UPON APPLICATION OF SAIR ENTERPRISES, INC
FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE
SERVICE STATION IN CONJUNCTION WITH A CONVENIENCE
STORE, AUTOMOTIVE REPAIR AND AUTOMOTIVE STORAGE )
R02013028
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon apphcatton of Satr Enterprtses, Inc for a Con&ttonal
use Permit for an automobtle servtce statton tn conjunctton wtth a
conventence store, automottve repatr and automottve storage at the
northwest corner of South Lynnhaven Road and Sthna Drive (GPIN
#1497-1 O- 7039) Said parcel ts located at 3096 South Lynnhaven Road
and contatns 41,599 8 square feet ROSE HALL - DISTRICT 3
The followtng con&ttons shall be requtred
The stte shall substanttally conform to the submttted prehmtnary
stte plan tttled "PROPOSED CONVENIENCE STORE & GAS
PUMPS FOR PLAZA CITGO, 3096 South Lynnhaven Road,
Vtrgtnta Beach, Va 23450, for SAIR ENTERPRISES, INC ",
prepared by Otts Meektns, AIA, Archttect, dated November 14,
2000, and on file tn the Ctty of Vtrgmta Beach Plannmg
Department subject to the followtng condtttons
a Category IVscreemng shall be tnstalled along the enttre length
of the property hne along Hospttal Drtve
The street frontage screemng along South Lynnhaven Road shall
exceed the reqmrements of the &te Plan Or&nance, 3~ 5A The
plants shall be a mtx of dense evergreen trees, such as Deodar
Cedar or Leland Cypress, permttted street trees and shrubs
The two extsttng entrances on South Lynnhaven Road shall be
closed and replaced wtth a stngle entrance A right turn lane
must be constructed along the full frontage of the stte on South
Lynnhaven Road to Sthna Drtve The rtght turn lane taper shall
be 50feet, and the corner radtus at South Lynnhaven Road and
Sdma Drtve shall be 35feet
d The extsttng entrances on Sthna Drtve shall be closed and
replaced wtth a smgle entrance It shall be located so there ts a
mtntmum 50-foot tangent sectton between the end of the corner
radtus at South Lynnhaven Road and the beginning of the
entrance radtal return
February 13, 2001
- 33 -
Item V-I. 2.
PLANNING
ITEM # 4 7759 (Continued)
The proposed butldtng and canopy shall substanttally conform to
the prehmtnary elevation tttled "PROPOSED CONVENIENCE
STORE & GAS PUMPS FOR SAIR ENTERPRISES, INC"
prepared by Otts Meektns, AIA, Archttect, dated November 14,
2000, and on file tn the City of V~rgmta Beach Planmng
Department subject to the followtng condtttons
The proposed butldmg and canopy shall be of a colomal design
to match the extsttng butldtng The bmldtng matertals shall be
brtck to match the extsttng brtck and the roofing matemals shall
be fiberglass roof shmgles to simulate the slate roof of the
extsttng butldtng
The proposed canopy shall have a mansard roof wtth fiberglass
roof shtngles to stmulate the extsttng butldtng's slate roof and
shall be supported by brtck columns
The extsttng nonconformtng monument stgn shall be removed
and may be replaced with a conformtng monument stgn The
base of the stgn shall be of the same brtck as the proposed
butldmg
The stte shall employ low level hghttng, as reqmred tn 3~ 224 of
the City Zontng Ordtnance
Automottve repatr shall be only the type as spectfically defined
tn the Ctty Zontng Ordtnance under 3~ 111 Defimttons -
Automobtle repatr estabhshment or Automottve Servtce
Estabhshment
No outstde storage of vehtcles, auto parts or ttres wtll be
permttted, other than tn the destgnated outstde storage area
Vehtcles may be located outstde the storage area while awatttng
servtce or repatr or ptckup bY the customer after servtce or
repatr No more than 30 vehtcles shall be stored wtthtn the
vehicle storage area The storage area shall be screened by the
fence and Category VI landscaptng The portton of the fence
facing South Lynnhaven Road shall also be screened as noted,
wtth the exception of the area of the gate accessing the storage
area A new_fence shall be tnstalled
All servtce work on vehtcles shall be performed tnstde the
butldtng
&gns _for the stte shall be hmtted to traffic control stgns, the
monument stgn noted above tn Condttwn Three, and such other
stgns for the servtce statton butldtng as permttted under Sectton
905 of the Ctty Zontng Ordinance No signs_for the conventence
store, other than one (!) business tdenttficatton stgn, shall be
tnstalled &gns constructed of exposed neon shall not be
tnstalled on the convemence store, tncludtng on the wtndows so
as to be vtstble from the pubhc right-of-way
Thts Ordmance shall be effecttve tn accordance wtth Sectton 107 (J) of the Zomng Ordmance
Adopted by the Counctl of the City of Virginia Beach, Vtrgtnta, on the Thirteenth of FebruarY,
Thousand One
Two
February 13, 2001
- 34-
Item V-I. 2.
PLANNING
ITEM # 47759 (Continued)
Vottng 10-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and
Rosemary Wtlson
Councd Members Voting Nay
None
Counctl Members Absent
Vtce Mayor Wdham D Sessoms, dr
February 13, 2001
- 35-
Item V-I. 3.
PLANNING
ITEM # 4 7760
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED an
Ordinance upon apphcatton of COMMUNITY UNITED METHODIST CHURCH, Thomas S Ward,
Butldtng Chatrman, for a Condtttonal Use Permtt re a church addttton
ORDINANCE UPON APPLICATION OF COMMUNITY UNITED
METHODIST CHURCH, Thomas S Ward, Bmldtng Chatrman, FOR A
CONDITIONAL USE PERMITRE A CHURCHADDITIONR02013029
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon apphcatton of Commumty Umted Methodtst Church,
Thomas S Ward, Bmldtng Chairman, for a Condtttonal Use Permtt re a
church addttton on the northeast and southeast corners of Old
Kempsvtlle Road and Alton Road (GPIN #1466-51-5234, #1466-50-
3915) Satd parcel ts located at 1072 Old Kempsvtlle Road and contatns
2 3 acres KEMPSVILLE- DISTRICT 2
The followtng condtttons shall be requtred
The stte shall be developed in accordance with the submttted stte
plan tttled "COMMUNITY UNITED METHODIST CHURCH-
Vtrgtnta Beach, Vtrgtma", sheet C-I, prepared by C Allan
Bamforth, Jr, dated 11/15/00, and on file tn the City of
Vtrgtnta Beach Planntng Department, subject to the
followtng condtttons
The apphcant shall obtatn a vartance from the Board of Zomng
Appeals for the requtred 30-foot setback from Old Kempsvtlle
Road, or shift the proposed structure 5 feet back to meet the
requtred setback for the Phase Two - Social Hall addttton,
The apphcant shall obtain a vartance from the Board of Zontng
Appeals to the reqmred 30% lot coverage on the north stte for
the Phase Two - Social Hall addttton,
The proposed structures shall not exceed 35feet tn hetght,
Landscaping shall be tnstalled according to the Stte Plan
Ordinance, 3~ 5A
The proposed structures shall be constructed tn accordance wtth
the submttted archttectural elevattons tttled "Prehmtnary Master
Plan Drawtngs for COMMUNITY UNITED METHODIST
CHURCH- Vtrgtnta Beach, Vtrgtma", prepared by Barnes
Destgn Group, Archttects/Planners and dated October 5, 2000,
and on file tn the Ctty of Vtrgtma Beach Planmng Department
[subJect to provtstons (a) through (d) hsted tn Condttton 1]
This Ordtnance shall be effective tn accordance wtth Section 107 (J) of the Zontng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgmta Beach, Vtrgmta, on the Thtrteenth of February,
Thousand One
Two
February 13, 2001
Item V-L$.
- 36-
PLANNING
ITEM # 4 7760 (Continued)
Vottng l I-O (By Consent)
Counctl Members Vottng Aye
Linwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce
Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson
Councd Members Vottng Nay
None
Council Members Absent
None
February 13, 2001
Item V-I. 4.
-37-
PLANNING
ITEM # 4 7761
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl ADOPTED an
Ordtnance upon apphcatton of UNITED PENTECOSTAL CHURCH OF VIRGINIA BEACH for a
Condtttonal Use Permtt re a church
ORDINANCE UPON APPLICATION OF UNITED PENTECOSTAL
CHUR CH OF VIRGINIA BEA CH FOR A CONDITIONAL USE PERMIT
REA CHURCH R02013030
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon apphcatton of Umted Pentecostal Church of Vtrgtnta
Beach for a Condtttonal Use Permtt for a church on the south stde of
Prtncess Anne Road, east orS Parhament Drive (GPIN #1466-59-5189)
Satd parcel ts located at 5277 Prtncess Anne Road and contatns 4 794
square feet KEMPSVILLE- DISTR[CT 2
The following concltttons shall be required
The apphcant shall obtain all necessary permtts and a certtficate
of occupancy for the change of use wtthtn 60 days of Ctty
Counctl approval of the conchttonal use permtt
This Or&nance shall be effecttve tn accordance wtth Sectton 107 OO of the Zontng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Thtrteenth of Februa~_ ,
Thousand One
Two
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce
Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
February 13, 2001
- 38-
Item V-I. 5.
PLANNING
ITEM # 4 7762
Attorney Steve Romtne, 4705 Columbus Street, Phone 552-6031, represented SBA Commumcattons and
dtstrtbuted a Vtsual Impact Assessment, whtch ts hereby made a part of the record The Frost stte was
ortgmally chosen by consultatton wtth the Plannmg Department, due to its location among tall tndustrtal
farmtng structures The alternate stte (Carl Lankford) was not chosen, as tt would require cleartng about
12, O00 feet of trees tn order to ctte the tower
Upon motton by Councd Lady Henley, seconded by Counctlman Harrison, Ctty Counctl ADOPTED an
Ordtnance upon apphcatton of SBA COMMUNICATIONS CORPOIL4 TION/C. E. FOREHAND, III, for
a Condtttonal Use Permtt
ORDINANCE UPON APPLICATION OF SBA
COMMUNICATIONS/C E. FOREHAND, III, FOR A CONDITIONAL
USE PERMIT RE A COMMUNICATIONS TOWER R02013031
BE IT HEREB Y ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordmance upon apphcatton of SBA Commumcattons/ C E Forehand,
III, for a Condtttonal Use Permit for a communtcattons tower on the
south stde of Land of Promtse Road, 1265feet west of Blackwater Road
(GPIN #1480- 61-0995) Satd parcel ts located at 3161 Land of Promise
Road and contatns 92 6 acres PRINCESS ANNE - DISTRICT 7
The followtng con&ttons shall be requtred
1 The proposed tower must be developed as a monopole structure
not to exceed 199feet M S L tn overall height
2 The apphcant shall purchase and tnstall a tower capable of
accommodattng additional users
A landscapeplan must be designed for the area around the base
of the tower and surroundtng the tower that exceeds the
reqmrements of the zontng or&nance to soften the vtsual tmpact
of the tower from surroun&ng roadways The landscape area
should possess a vartety of plants and at least two rows of
evergreen trees The landscape plan must be provtded to the
Planmng Dtrector for review and approval prtor to submttttng a
detatled site plan for tower constructton to the Planmng
Department/Development Servtces Center
4 In the event that the tower ts tnacttvefor a pertod of one year, tt
must be removed at the apphcant's expense
5 The approval ts vahd only tfCtty Counctl approves the exchange
of ARP reserve area accommodattng the proposed tower
Thts Or&nance shall be effecttve tn accordance wtth Sectton 107 (f) of the Zontng Or&nance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Thtrteenth of Februa~_, Two
Thousand One
AND, ADOPTED:
Or&nance to authortze and &rect the Ctty Manager to execute a Deed
of Release and Exchange re agricultural lands preservation easement
(ARP) located on the land owned by the Ralph Lee Frost Trust
February 13, 2001
- 39-
Item V-I.$.
PLANNING
ITEM # 47762 (Continued)
Vottng 10-0
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham I,V Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker and
Rosemary Wdson
Councd Members Vottng Nay
None
Councd Members Absent
Vtce Mayor Wtlham D Sessoms, Jr
February 13, 2001
AN ORDINANCE AUTHORIZING AND DIRECTING THE
CITY MANAGER TO EXECUTE A DEED OF RELEASE AND
EXCHANGE PERTAINING TO AN AGRICULTURAL LANDS
PRESERVATION EASEMENT LOCATED ON LAND OF RALPH
LEE FROST, TRUSTEE OF THE RALPH LEE FROST
TRUST
WHEREAS, on April 23, 1997, the City of Virginia Beach and
9 Ralph Lee Frost, Trustee of the Ralph Lee Frost Trust (hereinafter
10 "Frost"), entered into Installment Purchase Agreement Number 1997-
11 1, whereby the City acquired an Agricultural Lands Preservation
12 Easement (hereinafter "Preservation Easement") upon certain
13 property owned by Frost; and
14
WHEREAS, as part of the aforesaid transaction, Frost reserved
15 for future development a portion of property having an area of
16 three (3) acres, such that the said Preservation Easement does not
17 encumber the reserved area; and
18
WHEREAS, Frost desires to exchange a 32,528 square foot area
19 of land not encumbered by the Preservation Easement for an equal
20 area of land which to be encumbered by the Preservation Easement,
21 as shown on the attached ~Exhibit Showing Easement Exceptions on
22 the Property of Ralph Lee Frost, Trustee for the Ralph Lee Frost
23 Trust for the City of Virginia Beach Agricultural Reserve Program,"
24 dated January 24, 2001, and prepared by Lewis White & Associates;
25 and
26
WHEREAS, pursuant to Section 11 of the Agricultural Lands
27 Preservation Ordinance (hereinafter "Ordinance"), a landowner may
28 petition the City Council for the extinguishment of a Preservation
29 Easement in exchange for the conveyance to the city of a
30 Preservation Easement on a different portion of the landowner's
31 property, under certain conditions set forth in the Ordinance; and
32 WHEREAS, the Ordinance provides that the City Council shall
33 approve such an exchange if it makes certain findings enumerated in
34 the Ordinance; and
35
WHEREAS, the City Council does hereby make such findings, to-
36 wit:
37
(1) the acquisition of the proposed Preservation Easement in
38 lieu of the existing Preservation Easement does not adversely
39 affect the City's interests in accomplishing the purposes of the
40 Ordinance;
41
(2) the proposed Preservation Easement area meets all of the
42 eligibility requirements set forth in Section 7 of the Ordinance;
43
(3) the land to be encumbered by the proposed Preservation
44 Easement is of at least equal fair market value, is of greater
45 value as permanent open space, and of as nearly as feasible
46 equivalent usefulness and location for use as permanent open-space
47 land as the property on which the existing Preservation Easement is
48 located; and
49
(4) the consideration for the acquisition of the new
50 Preservation Easement consists solely of the extinguishment of the
51 existing Preservation Easement;
52
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
53 OF VIRGINIA BEACH:
54
That subject to the determination of the City Attorney that
55 there are no defects in title to the property to be placed under
56 the Preservation Easement or other restrictions or encumbrances
57 thereon which may, in the opinion of the City Attorney, adversely
58 affect the City's interests, the City Manager be, and hereby is,
59 authorized and directed to execute a Deed of Release and Exchange
60 pursuant to which the City releases the existing Preservation
61 Easement on a portion of the property, as shown on the aforesaid
62 survey, and acquires, in exchange therefor, land equal in area to
63 be placed under the Preservation Easement, as shown on such survey.
64
Adopted by the City Council of the City of Virginia Beach,
65 Virginia, on this 13thday of February , 2001.
66
67
68
69
CA-01-7986
wmm~ordres~ frostexchange, ord
R-1
February 6, 2001
70 APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
71
72
~griculture /
Law Department
I
,OOL=.L 3']V3S Lzo~-u.9 o(z~3x.) xvJ
LOL
V~9 AB ~3H3 ~0 3~ 3Nou~3a Go~ ~0~
SrH X. NmS30 .,Z~~~ ISN~ ISO~ ~ ~B 3~ ~J ~SN~ '1~ ~ H~B
ZO ~ Z ~
~z<~
~~~ ~ o o
I
~ / ~ ~,b'~Z~.~ON~ ~
o ~ ~ =8 ~
~ ~ ZW - ~~ ~ o
0 ~ o~ Zo~w < ~ ~~ o~ o
- 40-
Item V-I. 6.
PLANNING
ITEM # 47763
Robert D Ruffin, Phone 306-7653, represented the apphcant
The followtng were tn SUPPORT of the Church, but tn OPPOSITION to the opentng of the cul-de-sac at
the end of Connte Lane
C W Hutchinson, 3824 Jefferson Boulevard, Phone 464-5363
Howard Smtth, 5512 Connte Land, Phone 473-9409, Member - Newsome Farm Ctvtc Assoctatton
Lavtna M Tyson, 5462 Connte Lane, Phone' 497-4716
Upon morton by Counctlman Jones, seconded by Councilman Branch, Ctty Counctl DEFERRED,
INDEFINITEL Y, Ordtnance upon apphcatton of RHEMA HARVEST CHURCH for a Condtttonal Use
Permtt re a church
ORDINANCE UPONAPPLICA TION OF RHEMA HAR VEST CHURCH
FOR A CONDITIONAL USE PERMIT FOR A CHURCH
Or&nance upon apphcatton of Rhema Harvest Church for a Conchttonal
Use Permtt for a church on certatn property located at the eastern
extremtty of Connte Lane (GPIN (41468-50-7212) Satd parcel contams
2 acres more or less (DISTRICT 4 - BA YSIDE)
Vottng 10-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts
R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E
Oberndorf, Nancy K Parker and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Abstatmng
Wdham W Harrtson, Jr
Counctl Members Absent
Vtce Mayor Wtlham D Sessoms, Jr
Counctlman Harrtson ABSTAINED as the apphcant had a title search performed by Wtllcox, Savage
February 13, 2001
- 41 -
Item V-I. 7.
PLANNING
ITEM # 47764
Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, Ctty Counctl ADOPTED
Ordinances upon apphcatton of JA Y BAROT for a Condtttonal Change of Zomng and Condttttonal Use
Permtt
ORDINANCE UPON APPLICATION OF dA Y BAR 0 T FOR A CHANGE
OF ZONING FROM B-2 TO CONDITIONAL I~1 Z02011193
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon apphcatton o f Jay Barot for a Change of Zontng Dtstrtct
Classtficatton from B-2 Commumty Bustness Dtstrtct, 0-2 Office Dtstrtct
and I~1 Ltght Industrtal Dtstrtct to Condtttonal I-1 Ltght Industrtal
Dtstrtct on certatn property located at the northwest corner of
Northampton Boulevard and Burton Statton Road (GPIN #1458-98-
0856, #1458-99-0194) The proposed zontng classtficatton change to
Condtttonal I-1 ts for hght tndustrtal land use The Comprehenstve Plan
recommends use of thts parcel for bustness parks, offices, tndustrtal and
employment support uses tn accordance wtth other Plan pohctes Said
parcel contatns 2 1 acres BA YSIDE - DISTRICT 4
The followtng condttton shall be requtred
1 An Agreement encompasstngproffers shall be recorded wtth the
Clerk of Ctrcutt Court
AND,
ORDINANCE UPON APPLICATION OF JAY BAROT FOR A
CONDITIONAL USE PERMIT FOR A HOTEL R02013031
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Orchnance upon apphcatton of Jay Barot for a Conchttonal Use Permit
for a hotel on certatn property located on the north stde of Burton Statton
Road begmnmg at a point 200feet more or less west of Northampton
Boulevard (GPIN #1458-98-0856, #1458-99-0194) Satdparcel contams
2 1 acres BAYSIDE- DISTRICT 4
The followtng conchttons shah be requtred
The hotel shah be developed substanttally tn accordance wtth the
prototype elevations and details on file tn the Plannmg
Department
The vehtcular entrance on Northampton Boulevard must be
shtfted to the south tf warranted durtng detatled stte plan revtew
by Traffic Engineering
3 The extsttng freestanding stgn at the corner of Northampton
Boulevard and Burton Statton road must be removed
These Or&nances shah be effecttve tn accordance wtth Sectton 107 09 of the Zomng Or&nance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Thtrteenth of Februa~_,
Thousand One
Two
February 13, 2001
- 42 -
Item V-I. 7.
PLANNING
ITEM # 47764 (Continued)
Vottng 11-0 (By Consent)
Counctl Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, .Ir, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce
Mayor Wtlham D Sessoms, dr and Rosemary Wtlson
Counctl Members Voting Nay
None
Counctl Members Absent
None
February 13, 2001
~ NO. PS I~
City oi' Virginia Beach
INTE -OFFZCE COR ESPONOE CE
In Reply Refer To Our File No. DF-5189
DATE:
FROM: DEPT:
February 8, 2001
TO: Leslie L. Lilley DEFT: City Attorney
William M. Maeali ~/~
Conditional Zoning Application
Jay Barot, et als
City Attorney
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on February 13, 2001. I have reviewed the subject proffer agreement, dated
November 8, 2000, and have determined it to be legally sufficient and in proper legal
form. A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
WMM
Enclosure
AGREEMENT
THIS AGREEMENT, made this 8th day of November, 2000 by and between JAY
BAllOT, comract purchaser of the property described on Exhibit A attached hereto; BEVERLY
B. HANDEL, the owner of the property designated as Parcel One on Exhibit A attached hereto,
AMPHIBIOUS BASE NAVAL BASE FEDERAL CREDIT UNION, the owner of the
property designated as Parcels Two and Three on Exhibit A attached hereto; and FRANK T.
WILLIAMS, owner of the property designated as Parcel Four on Exhibit A attached hereto
(hereinafter referred to as "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee").
WITNESSETH:
WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification
fi.om I-1 to I-1 Conditional, from B-2 to I-1 Conditional, and from 0-2 to I-1 Conditional on
certain property located in the Bayside Election District of the City of Virginia Beach, Virginia,
more particularly described in the attached Exhibit A (hereinafter the "Property"); and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes, including mixed use purposes, through zoning and other land development
legislation; and
WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible
uses conflict, and that in order to permit differing uses on and in the area of the subject Property
and at the same time to recognize the effects of the change and the need for various types of uses,
certain reasonable conditions governing the use of the Property for the protection of the
community that are not generally applicable to land similarly zoned I-1 are needed to cope with
the situation to which the Grantors' rezoning application gives rise; and
Prepared by Mays & Valentine, L.L.P.
4425 Corporation Lane, Suite 420
Virginia Beach, VA. 23462
GPIN Nos.: 1458-99-0194
1458-98-0856
1458-98-3891
1458-98-3764
WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to
the public hearing before the Grantee, as part of the proposed conditional amendment to the
Zoning Map, in addition to the regulations pwvided for in the existing I-I zoning district by the
existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the
physical development, operation and use of the Property to be adopted as a part of said
amendment to the new Zoning Map relative to the Property, all of which have a reasonable
relation to the rezoning and the need for which is generated by the rezoning; and
WHEREAS, said conditions having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall
continue in full force and effect until a subsequent amendment changes the zoning on the
Property covered by such conditions; provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment is part of the comprehensive
implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the
foregoing, these conditions are amended or varied by written instnunent recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record
owner of the subject Property at the time of recordation of such instrument; provided, further,
that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of
ordinance or resolution adopted by the govem__ing body of the Grantee, after a public heating
before the Grantee advertised pursuant to the pwvisions of the Code of Virg/nia, Section 15.2-
2204, which said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent.
NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees,
and other successors in title or interest, voluntarily and without any requirement by or exaction
from the Grantee or its governing body and without any element of compulsion of quid vro quo
for zoning, rezoning, site plan, building pem~t or subdivision approval, hereby make the
following declaration of conditions and restrictions which ~hall restrict and govern the physical
development, operation and use of the Property and hereby covenant and agree that these Proffers
shall constitute covenants running with the said Property, which shall be binding upon the
Property and upon all parties and persons claiming under or through the Grantors, their heirs,
personal representatives, assigns, grantees and other successors in interest or title, namely:
The Property shall be developed for a hotel, restaurant, and accessory parking and
other accessory site features.
Any restaurant developed on the Property shall comply with the applicable
provisions of the City of Virginia Beach retail development ordinance.
The portion of the Property not developed with a restaurant shall be developed in
accordance with the requirements contained in a Conditional Use Permit governing
the development of the Property.
Grantee acknowledges that any uses or structures located on the Pwperty may continue as
they currently exist until the Property is developed in accordance with the foregoing conditions.
Further conditions may bc required by the Grantee during detailed Site Plan and/or subdivision
review and administration of applicable City Codes by all cognizant City agencies and
departments to meet all applicable City Code requirements.
All references hereinabove to zoning districts and to regulations applicable thereto, refer
to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the
conditional zoning amendment is approved by the C. vrantee.
The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia
Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of
the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages or other appropriate action,
suit or proceedings; (2) the failure to meet all condition/t shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate; (3) if
aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the
City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the
review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an
appropriate symbol on the map the existence of conditions attaching to the zoning of the subject
Property on the map and that the ordinance and the conditions may be made readily available and
accessible for public inspection in the office of the Zoning Administrator and in the Planning
Depamnent and that they shall be recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee.
[Remainder of Page Intentionally Left Blank]
SIGNATURE PAGE FOR PROFFER AGREEMENT BY AND BETWEEN JAY BAROT
AND THE CITY OF VIRGINIA BEACH, VIRGINIA, DATED NOVEMBER 8, 2000
JAY BAROT
By: ~
(SEAL)
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this ~ day of November, 2000,
by Jay Barot.
My Commission Expires:
Notary Public
SIGNATURE PAGE FOR PROFFER AGREEMENT BY AND BETWEEN JAY BAROT
AND THE CITY OF VIRGINIA BEACH, VIRGINIA, DATED NOVEMBER 8, 2000
AMPHIBIOUS BASE NAVAL BASE
FEDERAL CREDIT UNION
By~~.5(SEAL)
Title? l/.~'- ~.5.
COMMOI~]WEALTH OF GINIA
CITY OF ~)1[~ qttTt'~o ~0£ ~ , to-wit:
Th_e_foregoingjnstrument was acknowledged before me this~ day of November, 2000, by
I')-[t~ F/£[ ~. I~iLS for the Amphibious Base Naval Base Federal Credit
Union.
Notary Public
My Commission Expires:
SIGNATURE PAGE FOR PROFFER AGREEMENT BY AND BETWEEN JAY BAROT
AND THE CITY OF VIRGINIA BEACH, VIRGINIA, DATED NOVEMBER 8, 2000
BEVERLY B. HANDEL
EAL)
COMMONWEALTH OF VIRGINIA
CITY OF NORFOLK, to-wit:
The foregoing instrument was acknowledged before me this L~ day of November, 2000, by
Beverly B. Handel.
My Commission Expires:
Notary Public
106232 I
SIGNATURE PAGE FOR PROFFER AGREEMENT BY AND BETWEEN JAY BAROT
AND THE CITY OF VIRGINIA BEACH, VIRGINIA, DATED NOVEMBER 8, 2000
FRANK T. WILLIAMS
. o o EAL)
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrmnent was acknowledged before me this I]~' day of November, 2000,
by Frank T. Williams.
My Commission Expires:
Notary Public
EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1
ALL THAT certain lot, piece or parcel of land with the appurtenance thereunto belonging,
situate, lying and being in the City of Virginia Beach, Virginia, and being a part of Lot Number
Twenty Seven (27), as shown upon the Plat of the Old James Comiek Farm, which said plat is
duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia,
in Deed Book 66, at Page 157 (Map Book 55, at Page 15), and which parcel is more particularly
bounded and described with reference to said plat as follows, to wit:
BEGINNING at a point on the Northeastern side of Road No. 1, as shown on said plat, in the
Southwestern line of Lot Number (30); thence running Westerly along the Northeastern side of
said road, 300 feet; thence Northeasterly 150 feet to the Southwestern line of said Lot Number
Thirty (30) 300 feet, more or less, to the point of beginning; the said parcel containing one-half
(1/2) acre of land, more or less.
It being a portion of the same property conveyed to BEVERLY B. HANDEL herein by deed
dated June 12, 1992, duly recorded November 17, 1992 in the Clerk's Office of the Circuit Court
of the City of Virginia Beach in Deed Book 3150 page 809.
pARCEL 2
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon,
lying, situate and being in the City of Virginia Beach, Virginia and being known, numbered and
designated as Parcel 2A, as shown on that certain plat entitled, "RESUBDIVISION PLAT OF
PARCELS 1, 2 AND 3 AS SHOWN ON RESUBDIVISION PLAT OF PROPERTY OF
MANUELITO O. & M A AURORA V. CALAYO, BURTON STATION ROAD (MAP BOOK
205 AT PAGE 60), BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA", dated December
12, 1995 and revised January 23, 1996 which said plat is duly recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia in Map Book 254, at page 84, less and
except all those portions of the Property located to the west of the center line of a 150' Vepco
easement (Deed Book 345, Page 320).
It being the same property conveyed to AMPHIBIOUS BASE FEDERAL CREDIT UNION
herein by deed dated March 15, 1991 fi.om MANUELITO O. CALAYO AND MA AURORA V.
CALAYO, husband and wife, duly recorded June 4, 1991 in the Clerk's Office of the Circuit
Court of the City of Virginia Beach in Deed Book 2991 page 2140.
PARCEL 3
ALL THAT certain lot, piece or parcel of land with the buildings and improvements thereon,
lying, situate and being in the City of Virginia Beach, Virginia being known, numbered and
designated as Parcel 3A, 0.543 acres as shown on that certain plat entitled "RESUBDIVISION
PLAT OF PARCELS 1, 2 AND 3, AS SHOWN ON RESUBDIVISION PLAT OF PROPERTY
OF MANUEL1TO O. & M A AURORA V. CALAYO, BURTON STATION ROAD (MAP
BOOK, 205 AT PAGE 60) BAYSIDE BOROUGH, VIRGIN BEACH, VIRGINIA", in Map
Book 254, at page 84.
It being the same pwperty conveyed to AMPHIBIOUS BASE NAVAL BASE FEDERAL
CREDIT UNION herein by deed dated November 23, 1999 from M. RICHARD EPPS,
TRUSTEE, with the unwilling consent ofD. C. AMARASINGHE duly recorded November 24,
1999 in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Deed Book 4172
page 2106.
PARCEL 4
ALL THAT certain parcel or land, situate in the City of V~nia Beach, Virginia, near what is
known as Burton Station, and more particularly described as follows: BEGINNING at a point on
the North side of the Waterworks Road, 73 feet from the intersection of the North line of
Burton's Station Road with the North line of Northampton Boulevard (formerly Waterworks
Road); thence North 28° 45' West 281.8 feet to a pin; thence North 58° East 75' to a pin; thence
South 28° 45' East 281.8 feet to a point on the North side of Northampton Boulevard (formerly
Waterworks Road) and its intersection with the West side of a 10 foot right of wax thence South
$8° West 75 feet on the North side of Northampton Boulevard (formerly Waterworks Road) to
the point of beginning, containing .49 acre, marked "Tract A".
It being the same property conveyed to FRANK T. WILLIAMS herein by deed dated October
17, 2000 from JAMES J. JONES duly recorded October 17, 2000 in the Clerk's Office of the
Circuit Court of the City of Virginia Beach in Deed Book 4309 page 1788.
116351v4 .q
- 43 -
Item V-I. 8.
PLANNING
ITEM # 4 7765
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl DEFERRED to
February 27, 2001, Ordtnances upon apphcatton of BILLY IV. CHAPLAIN a for a Conchttonal Change of
Zoning and Condtttonal Use Permit
ORDINANCE UPON APPLICA TION OF BILL Y W CHAPLAIN FOR A
CONDITIONAL CHANGE OF ZONING FROM A-12 AND RT-3 TO
CONDITIONAL B-2
Or&nance upon apphcatton of Billy W Chaplatn for a Condtttonal
Change of Zontngfrom A-12 Apartment Dtstrtct and R T-3 Resort Tourtst
Dtstnct to Condtttonal B-2 Communtty Bustness Dtstrtct on the west stde
of Washtngton Avenue begtnntng at potnt 140feet more or less south of
Vtrgtnta Beach Boulevard, 849 and 853 Vtrgtnta Beach Boulevard
(GPIN #2417-86-2074) and contatns 23,850 square feet BEACH -
DISTRICT 6
AND,
ORDINANCE UPON APPLICATION OF BILL Y W CHAPLAIN FOR A
CONDITIONAL USE PERMIT FOR A BULK STORA GE YARD
Or&nance upon apphcatton of Btlly W Chaplatn for a Con&ttonal Use
Permtt for a bulk storage yard at the southwest corner of Vtrgtnta Beach
Boulevard and Washtngton Avenue (GPIN #2417-86-2074) Satd parcel
ts located at 849 & 853 Vtrgtnta Beach Boulevard and contatns 19,000
square feet BEACH- DISTRICT 6
Vottng 11-0 (By Consent)
Council Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdliam W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vice
Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Voting Nay
None
Counctl Members Absent
None
February 13, 2001
- 44 -
Item V-J. 1.
PLANNING
ITEM # 4 7766
BY CONSENSUS, Ctty Councd RESCHEDULED the followtng APPOINTMENTS:
COMMUNITY SER VICES BOARD (CSB)
FRANCIS LAND HOUSE BOARD OF GOVERNORS
THE PLANNING COUNCIL
February 13, 2001
Item V-J.2.
- 45 -
APPOINTMENTS
ITEM # 47767
Upon NOMINATION by Counctlman Jones, Ctty Counctl APPOINTED
Audrey Mills
3-Yr Term
02/01/01 - 01/31/04
HUMAN RIGHTS COMMISSION
Vottng 10-0
Counctl Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and
Rosemary Wtlson
Counctl Members I/'ottng Nay
None
Counctl Members Absent
Vtce Mayor Wtlham D Sessoms, Jr
February 13, 2001
Item V-d. 3.
APPOINTMENTS
- 46-
ITEM ii 4 7768
Upon NOMINATION by Counctlman Jones, Ctty Counctl APPOINTED
Buddy W. King
3 year term
02/01/01/- 03/31/04
VIRGINIA BEA CH HEAL TH SER VICES AD VISOR Y BOARD
Vottng 10-0
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Council Members Absent
Vtce Mayor Wtlham D Sessoms, Jr
February l3, 2001
-47-
Item V-K. 1.
NE IV BUSlNESS
ITEM # 4 7769
B Y CONSENSUS,
CITY CLERK TO RECORD, BY CONSENSUS, the ABSTRACT OF
CIVIL CASES RESOLVED - January 2001
February 13, 2001
Item V-K.2.
- 48-
NE W BUSINESS
ITEM ii 4 7770
Councd Lady Henley sponsored Eugene Hansen re assessment and taxatton of horse farms and fenctng
Eugene Hansen advtsed hts horse farm ts located at the tntersectton of "beauttful downtown" Pungo Mr
Hansen lamented the pohctes tmplemented wtthtn the past year whtch take dtrect tssue agatnst the green
space, open space pohctes and the horse tndustry Mr Hansen retterated tnformatton re[attve the horse
mdustry As stated tn Horse Professional Magazine, last year nationally, the horse tndustry provtded $112-
BILLION positive impact in the United States with $1.4-MILLION equivalent full time employees. The
Department of Agrtculture reported annual sales tn the horse tndustry equate to approxtmately SI-
BILLION tn the Commonwealth of Vtrgtnta, representing 25,000jobs, with over $350-MILLION patd tn
dtrect wages There are approxtmately 250,000 horses tn the Commonwealth Vtrgtnta Beach has
approxtmately 4,000 horses However, Chesapeake has 4,500 horses and Suffolk has approximately 8,000
horses. The Commonwealth of Vtrgtnta beheves approxtmately $12-MILLION was generated last year from
dtrect horse sales tn the Ctt~ of Vtrgtnta Beach
Mr Hansen has opened hts horse farm to be utthzed (wtthout charge) by the Contemporary Center for the
Arts, the Sugar Plum Bakery, Seton House and Back Bay Restoratton Foundatton for thetr fund ratstng
acttvtttes The Pungo Strawberry Festtval uses hts field annuallyforparktng Approxtmately $300, O00 from
thts festtval has been donated back tnto the communtty
Mr Hansen advtsed last year, hts assessment tncreased $1/4-MILLION Mr Hansen was advtsed for the
first ttme tn seven years, the Ctty had decided to assess hts fence The fence was assessed mtttally at
$112,500. The Real Estate Assessor's office advtsed thts year, only six (6) fences were assessed, all
belongtng to horse farms The Real Estate Assessor beheves thts was an asset the Ctty hadprevtously mtssed
Upon appeahng to the Real Estate Assessor, he found the farm assessment had been reduced by one-half
The Board of Equahzatton on August 17, 2001, advtsed twenty-four (24) horse farm fences would now be
assessed, which ts not the total of horse farms extsttng tn Vtrgtnta Beach He heard on November 27, 2001,
the Equahzatton Board had ruled agatnst btm The Amertcan Assoctatton of Equtne Practtttoners advtsed
horses are classified by the Federal Government (both the USDA and the IRS) as hvestock Relattve the
Transttton Area, land on one stde of lndtan Rtver Road ts assessed at over $14,000 an acre and land rtght
across Indtan Rtver Road, whtch has the same sotl types, ts assessed at 35% less
The Ctty Attorney wtll revtew and advtse relattve the state law and procedures of other locahttes by
February 27, 2001 The Ctty Attorney wtll dtstrtbute an Optmon prepared by Asststant Ctty Attorney Larry
Spencer on October 4, 2000
February 13, 2001
City of Virginia Beach
OFFICE OF REAL ESTATE ASSESSOR
(757) 427-4601
FAX (757) 426-5727
TDD (757) 427-4305
Februsry 23, 2001
MUNICIP/rJ.. CENTER
BUILDING 18
2424 COURTHOUSE DRIVE
VIRGINIA BEACH VA 23,456-9054
The Honorable Mayor Meyers Oberndorf
and Members of City Council
On Tuesday, February 13, 2001, Mr. Hansen of Back Bay Farms, Incorporated, spoke to City
Council reS~din~ the aaae~ament of his equestrian facility at the intersection of Indian River Road
and Prince~ Anne Road.
In attempting to fair~ ass~s all property and thus, equalize the tax burden amon$ all property
owners, my staff; regularly stratifies property into various groups by property type, location, etc.
Residential property is segregated into over 900 separate neighborhoods. These neighborhoods are
segregated further by property type, i.e., single family homes, duplexes, condominiums, waterfront vs.
non-waterfront, decade of year built, etc. Commercial property is stratified into office, shopping
center, industrial parks, apartments, campgrounds, trailer parks, etc.
Well over a year ago, in preparing for the current fiscal year 2001 assessm~ recent market
data on two large commerclg type horse facilities, coupled with two previous sales, prompted me to
take a closer look at that type of property. The market data indicated that the assessments were very
conservative. In a November 1999 letter to Councilperson Henley addressing proposed changes in
rural asses,vnents, I alluded to this review.
Although fencing is necessary, and integral infrastructure to commercial type horse
operations, it had not previously been assessed. I do not assess fencing on residential property as it is
merely incidental to the value of the home and that philosophy had been carried forth in the rural
areas of the city. Fencin~ however, has always been assessed on commercial property.
There isn't fencing of any great consequence in the rural area of the city except on horse
facilities. Other farm infrastructure such as barns, pole barns, equipment sheds, grain bins, hog
shelters, and hog houses have always been assessed.
On approximately 23 properties, I assessed £encins ranging from $2,600 to $66,000. Eleven
of those properties had fence assessments greater than $20,000. Even alter adding fencing to the
improvement asseasmmts, the average assessment to sale price ratio for the four sales is only 78%.
The average ratio for all property in Virginia Beach is 92%.
Proud Rectpient of the 1998 U.S. Senate Medallion of E, xcellence for Productwity and ~tahty in the Public Sector.
The Honorable Mayor M~yera Oberndorf
and Members of City Council
February 23, 2001
Pa~e 2
My decision was based solely upon analysis of recent market data which prompted a change in
previous assessment practices. Evaluation of market data is the basis for literally thousands of
decisions made each year by stntfto achieve equitable assessments.
The followin~ are the sales and their assessments:
Assessm~t/
FY 2000/01 Sales Price
Name Address ~ Sale Pri~ Assessment*
Mote Farm 2089 Indian River Rd. November 1999 $1,275,000 $766,488 60.1%
Langhome Farm 1741 Indian River Rd. December 1998 $850,000 $~40,380 98.8%
Keets Farm 3605 West Neck Rd. January 1995 $950,000 $680,843 71.6%
West Neck
Creek Farm 1437 Princess Anne Rd. June 1990 $574,588 $471,003 81.9%
Average ratio 78.1%
*Theseflgu~es ~eflect marl~t ~alue a~sessments; the p~operties a~v tared at ~auch lo~er Land Use
Sin~ I do not as,se,ss fencing on homes as it is incidental to the value of the property, I have
not as yet, assessed fencing on small horse ranches associated with the owners home. In my view,
these do not compare to the large commercial type facilities.
In checking with my peers, I find they are operating ns I had in the past. They assess fencing
only on commercially zoned property.
In my view, over two miles of vinyl fencing aI an investmont of over $60,000, is infrasuu~e
to the agricultural operation; and cc-rtainly does contribute to the market value ofthe property.
Mr. Hansen has appealed his assessment to the court appointed Board of Eq-nli-s~_;on. The
Board upheld the assessment.
IfI can provide any further information, please contact me.
Real Estate Assessor
IDB/tw
City of Virginia Beach
LESUE L LILLEY
CITY A'I'rORNEY
February 2, 2001
The Honorable Meyera E. Oberndorf, Mayor
and Members of City Council
Municipal Center
Virginia Beach, VA 23456
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH VA 2345,6-900,4
{757) 427-4531
FAX (757) 426-5687
TOO (757) 427-4305
Re. Proposed Amendments to City Code § 5-5 Pertaining to Vicious Animals
Dear Mayor and Council Members:
The attached ordinance, which amends City Code § 5-5 pertaining to "vicious ammals
running at large," will be on the agenda for your meeting of February 13th. This section, as it
presently appears in the City Code, is rated by Ammal Control Officers against the owners of dogs
that attack, or threaten to attack, persons or other animals
The section of the State Code which deals with this same issue refers to both "dangerous"
and "vicious" dogs, and only uses the term "vicious" to describe a dog that has killed or inflicted
serious injury upon a person. This discrepancy between the State Code and our City Code regarding
the definition of a "vicious" dog has not had any significant impact on the ability of Animal Control
Officers to enforce § 5-5; however, there were a few occasions in the past year when defense
attorneys challenged the validity of § 5-5 on the basis of this discrepancy. Therefore, we will be
presenting, and recommending for your approval, the attached amendments to § 5-5 that will not
only make the section more comprehensive, but will also bring it into strict conformance with the
State Code, thereby invalidating the above-referenced legal challenge.
C~ty Attorney
LLL/sat
cc: James K. Spore, City Manager
Ruth Hodges Smith, MMC, City Clerk
A.M. Jacocks, Jr., Chief of Police
Kathy D. Rotmtree, Assistant City Attorney
Proud Recipient of the 1998 U S. Senate Medallion of Excellence for Productivity and Quality in the Public Sector
- 49-
Item V-M. 1.
ADJOURNMENT
ITEM # 4 7771
Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meetmg ADJOURNED at 6:10 P.M.
Beverly 0 Hooks, CMC
Chtef Deputy Ctty Clerk
~_~ Ctty Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrgtnta Beach
Vtrgtnta
February 13, 2001
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
O
H M B
A C M E S
DATE February 6, 2001 B R H C A R P E W
R R E J L N N A S I
PAGE: I A E I N O A D D R S L
N U S L N N I O K O S
AGENDA C R O E E A G R E M O
ITEM # SUBJECT MOTION VOTE H E N Y S N O F R S N
UA BRIEFING Bruce Edwards,
Dir, Emergency
EMERGENCY RESPONSE SYSTEM Medical Servcs
and Chief Cade,
Fire Depart
ll/lll/ CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y
IV/V SESSION
E
F MINUTES - January 23, 2001 APPROVED I i-0 Y Y Y Y Y Y Y Y Y Y Y
AS
CORRECTED
G/H/ PUBLIC HEARINGS
i TAX EXEMP - UJFT Community Applicant/
Campus, LLC Attorney
2 VMSM FOUNDATION - Lease of No Speakers
Restaurant
3 EXCESS CITY-OWNED PROPERTY - No Speakers
5920 Sandpit Road, Bayslde
4 STUMPY LAKE PROPERTY 28 Speakers
ACQUISITION
I/1 Resolution re legislat~on designating ADOPTED/ ! l-0 Y Y Y Y Y Y Y Y Y y y
UJFT COMMUNITY CAMPUS, CONDITIONED
L.L.C. EXEMPT from state/local
real/personal property tax (DISTRICT
4 - BAYSIDE)
2 Resolution re issuance of Housing ADOPTED BY I 1-0 Y Y Y Y Y Y Y Y Y y y
Refunding Revenue Bonds: CONSENT
Royal Pointe Apartments - Not to exceed
$5,800,000
3 Resolutmn to declare NIMMO PKWY ADOPTED/ 7-3 Y N Y Y A N Y Y Y Y N
(formerly known as Ferrell Pkwy) shall AMENDED B
have its eastern terminus at Atwoodtown S
Road/not be constructed east of T
Atwoodtown Road A
I
N
E
D
4 Resolution re TRANSFER of Section 8 ADOPTED BY I I-0 Y Y Y Y Y Y Y Y Y y y
/Contract from VHDA/City comply with CONSENT
cond~tions/authonze necessary
documents
5 City policy not to supplant state/federal/ APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y
private funding with local funds BY CONSENT
6 Ordinance re amendment to Restaurant ADOPTED BY 10-1 Y Y Y Y Y N Y Y Y Y Y
Lease/between City/Va Museum of CONSENT
Marine Science Fndt correcting name to
Department of Museums/Cultural Arts/
authorizing necessary documents
7 Ordinance to declare EXCESS ADOPTED BY 10-0 Y Y A Y Y Y Y Y Y Y Y
PROPERTY at 5920 Sandpit Road/ CONSENT B
authorize conveyance to ROBINSON S
DEVELOP GROUP ($30,000) T
(DISTRICT 4 - BAYSIDE) A
I
N
E
D
- 49-
Item V-M. 1.
AD JO URNMENT
ITEM # 4 7771
Mayor Meyera E Oberndorf DECLARED the City Councd Meettng ADJOURNED at 6:10 P.M.
Beverly 0 Hooks, CMC
Chtef Deputy Ctty Clerk
Ctty Clerk
Mayor
Ctty of Vtrgtnta Beach
Vtrgtnta
February 13, 2001
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
O
H M B
A C M E S
DATE February 6, 2001 B R H C A R P E W
R R E J L N N A S I
PAGE. 2 A E I N O A D D R S L
N U S L N N I O K O S
AGENDA C R O E E A G R E M O
ITEM # SUBJECT MOTION VOTE H E N Y S N O F R S N
8 Ordinance to authorize conveyance City's ADOPTED BY I 1-0 Y Y Y Y Y Y Y Y Y Y Y
interest in school sites to the School CONSENT
board:
Tallwood Elementary
Glenwood Elementary
Landstown Elementary and Middle
Landstown High School
New Castle Elementary with a 20' access
line from Donmngton Drive
Ocean Lakes High
Strawbndge Elementary
9 Ordinance to APPROPRIATE $86,669 ADOPTED BY i 1-0 Y Y Y Y Y Y Y Y Y Y Y
to Museums and Cultural Arts re grant CONSENT
obligations ,,
J APPOINTMENTS
HUMAN RIGHTS COMMISSION
Reappointed: C Max Bartholomew, Jr 3-Yr Terms 10-0 A Y Y Y Y Y Y Y Y Y Y
J Scottle Griffin 02/01/01 -
Paula F Henao 01/30/04
Gene A Woolard
VIRGINIA BEACH HEALTH Rescheduled B Y C O N S E N S U S
SERVICES ADVISORY BOARD
K/L/ ADJOURNMENT 6 09 PM
M
CITY COUNCIL WORKSHOP Canceled due to B Y C O N S E N S U S
late hour
SCHEDULE: RESOURCE MANAGEMENT PROCESS
I Topic I Location I Date/Time
,, ,
City Manager's Proposed FY 2001-02 Resource Management Plan Presentation: March 27th
Councd Chamber
Economic Vitality/Safe Community/Policy & Decision Support Workshop. Conference Room April 3"~
Quality Education for Lifetime Learning Workshop. Conference Room April l0th
Proposed FY 2001-02 Resource Management Plan Public Hearing. April ITh
To Be Announced
Quality Physical Envtronment/Operational Support Workshop: Conference Room April 17tb
Cultural & Recreational Opportunities/Family Youth Opportunities Workshop: Conference Room April 24tb
Proposed FY 2001-02 Resource Management Plan Public Hearing: 2PM April 24t~
Councd Chamber
Reconciliation Workshop: Conference Room May 8t~
Resource Management Plan Councd Chamber Ma}, 15t*
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
O
H M B
A C M E S
DATE February 13,2001 B R H J C A R P E W
PAGE I R R E O L N N A S I
A E I N N A D D R S L
N U S L E N I O K O S
AGENDA C R O E S A G R E M O
ITEM # SUBJECT MOTION VOTE H E N Y N O F R S N
I BRIEFING Leshe Lilley, M O V E D T O F O R M A L S E S S I O N
City Attorney
A TOWN CENTER AGREEMENT
II/II1/ CERTIFICATION OF CLOSED SESSION CERTIFIED 1 l-0 Y Y Y Y Y Y Y Y Y Y Y
IV~V~
E
F MINUTES
I SPECIAL FORMAL SESSION -Jan 30, 2001 APPROVED 10-0 Y Y Y Y Y Y Y Y A Y Y
B
S
T
A
l
N
E
D
2 INFORMAL & FORMAL SESSIONS - Feb 6, 2001 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y
G/H/I Ord to AMEND § 5-5 City Code re control ADOPTED i 1-0 Y Y Y Y Y Y Y Y Y Y Y
/a vicious dogs
b Ord AMEND § 6-10 Ctty Code re skates, ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
skateboards Resort Area CONSENT
c Ord to ADD § 21-321 2 re non prepayable ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
fines for exceeding maximum speed limit
2 Ord to APPROPRIATE $239,111 Hurricane ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Bonnie cost reimbursements CONSENT
3 Ord to APPROPRIATE $5,200 to Museums / ADOPTED, BY 11 ~0 Y Y Y Y Y Y Y Y Y Y Y
Cultural Arts CONSENT
4/a Ord re Stumpy Lake Settlement Agreement ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
b Ord to TRANSFER $4 l-Million various ADOPTED, AS 11-0 Y Y Y Y Y Y Y Y Y Y Y
capital projects re Stumpy Lake AMENDED,
LINES 23 / 37
5 Ord re amendments re water services ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
contract between Virginia Beach / Norfolk CONSENT
retroactive to July I, 1995
6 Ord re Ftrst Supplement to Town Center ADOPTED 9-0 Y Y A Y Y Y Y Y Y A Y
Agreement/authorizing amended Agreement
7 Ord to authorize Deed of Release~ Exchange re MOVED TO nE B Y C O N S E N S U S
agricultural lands preservation/Ralph CONSIDERED WITH
PLANNING ITEM #5
Frost Trust (SBA COMM)
8 Ord to RATIFY rules/regulattons re ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
auxiliary police officers CONSENT
9 Resolution to ACCEPT Outdoors Plan 2000 ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Update/revision to City's Comprehensive
Plan
I/l RCR MANAGEMENT CO DEFERRED TO 6-4 Y N Y Y Y N Y Y N A N
MODIFICATION to Green Run Land Use 3/13/01 ~ 2 PM
Plan rentals (trucks) at 1401 Lynnhaven Pkwy
(DISTRICT 3 - ROSEHALL)
2 SAIR ENTERPRISES CUP re auto servtce APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y A Y
statton w~tha convemence store/auto repair REVISED
/storage at 3096 S Lynnhaven Rd (DISTRICT CONDITIONS
3 - ROSE HALL)
3 COMMUNITY UNITED METHODIST APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
CHURCH CUP re addition 1072 Old CONDITIONED,
Kempswlle Road BY CONSENT
(DISTRICT 2 - KEMPSVILLE)
4 UNITED PENTECOSTAL CHURCH CUP APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
re a church at 5277 Pnncess Anne Rd CONDITIONED,
(DISTRICT 2 - KEMPSVILLE) BY CONSENT