HomeMy WebLinkAboutMARCH 6, 2001 MINUTESCi
Mir
inia Beach
MAYOR MEYERA E. OBERNDORE At-Large
VICE MAYOR WILLIAM D SESSOMS, JR, At-Large
LINWOOD 0 BRANCH, III, Beach -Dtstnct 6
MARGARET L EURE, Centervdle -Dtstnct 1
WILLIAM W HARRISON, JR, Lynnhaven - District 5
BARBARA M HENLEY, Pnncess Anne - District 7
LOUIS R JONES, Baysute -Dtstnct 4
REBA S McCLANAN, Rose Hall - Dutnct $
ROBERT C MANDIGO, JR, Kempsvdle -Dtstnct 2
NANCY K PARKER, At-Large
ROSEMARY WILSON, At-Large
JAMES K SPORE, Cay Manager
LESLIE L UtI.~E Cay Anomey
RUTH HODGES-SMITH, MMC, Cay Clerk
CITY COUNCIL AGENDA
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456.9005
PHONE (757) 427-4304
FAX (757) 426.5669
EMAIL Ctycnci~ctty vtrgmta-beach, va. ar
March 6, 2001
I. CITY MANAGER'S BRIEFINGS
- Conference Room -
12:00 PM
A.
OPEN AIR CAFI~ REGULATIONS
Robert J. Hudome, Resort Projects Cooridinator
B.
UNITED STATES FIELD HOCKEY ASSOCIATION- Cost Participation Agreement
Sara Hensley, Director, Parks and Recreation
II. REVIEW OF AGENDA ITEMS
HI. CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
- Conference Room -
I:30PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- Council Chamber-
2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION:
Reverend Richard J. Keener
Bayside Presbyterian Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS
February 27, 2001
G. AGENDA FOR FORMAL SESSION
The Consent Agenda will be determined during the Agenda Review Session and considered
tn the ordinary course of business by City Council to be enacted by one motion.
H. PUBLIC HEARINGS
1. UNITED STATES FIELD HOCKEY ASSOCIATION - Parks and Recreation
2. AGRICULTURAL PRESERVATION PROGRAM (ARP) - Furlough property
3. FARMERS MARKET - Lease - Vicky's Jellie Jar
I. ORDINANCES/RESOL~IONS
Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation Easement
(ARP) and the issuance of its contract obligations in the maximum principal mount of
$274,649 for 133.89 acres, property of Mildred C. Furlough - Installment Purchase
Agreement No. 2000-28. (DISTRICT - 7 PRINCESS ANNE)
.
Ordinance to AUTHORIZE the City Manager to enter into a LEASE with Chappell
Enterprises, Inc./Vickie's Jelly Jar, for space 1 at the Farmers Market.
.
Ordinance to APPROVE an Amendment to the Agreement of sale between the City and
BRANWICK ASSOCIATES, INC. re due diligence period, closing date and demolition
of existing buildings on the property at Bonney Road (formerly Days Inn Hotel and
Unclaimed Freight properties).
.
.
.
.
.
.
10.
11.
Ordinance to grant an open air caf6 franchise to LUNA SEA, INC., at 206 22na Street.
DISTRICT 6- BEACH)
Ordinances to AUTHORIZE temporary encroachments:
a~
Mr. and Mrs. Timothy Cahill: construct a boat lift, a jet boat lift and two jet ski lifts
along the bulkhead in Cape Story Canal at 2101 East Kendall Circle.
(DISTRICT 5 - LYNNHAVEN)
b.
Jack W. and Sandra S Archbelle: to construct a dock and bulkhead in the unnamed
City owned lake adjacent to 5164 Overland Road.
(DISTRICT 2 - KEMPSVILLE)
Ordinance to APPROPRIATE $631,983 from the fund balance in the Tourism Advertising
Program to the FY 2000-01 operating budget of the Department of Convention and Visitor
Development re expanding the City' s TourismAdvertisingProgram and provide immediate
ac,ess to funds in case of emergencies.
Ordinance to TRANSFER $137,659 from the General Fund Reserve for Comingencies to
the FY 2000-01 operating budget of the office of the General Registrar re the cost of
unanticipated special and primary elections:
December 19, 2000
January 9, 2001
June 12, 2001
$39,775
$19,634
$78,250
Resolution re Virginia Department of Transportation (VDOT) add lane miles of local and
collector streets eligible for urban maintenance, effective July 1, 2001; and, increase
applicable revenue of $62,637.78 per year.
Resolution designating certain properties (as listed in the document) a Revitalization Area
for the purpose of the VHDA Tax Allocation Plan with the Virginia Beach Community
Developmem Corporation (VBCDC).
Resolution directing the Planning Commission to consider potential Amendments to the City
Zoning Ordinance (CZO) re piers in residential zoning districts.
REFUNDS:
a. License:
(1) License $119,568.51
(2) Business $111,054.20
b. Tax:
(1) Refunds $ 7,640.31
(2) Meal Tax $ 2,313.19
(3) Admissions Tax $ 434.61
J.
APPOINTMENTS
COMMUNITY SERVICES BOARD
FRANCIS LAND HOUSE BOARD OF GOVERNORS
THE PLANNING COUNCIL
VIRGINIA BEACH HEALTH SERVICES ADVISORY BOARD
K. UNFINISHED BUSINESS
i
i iii i
L. NEW BUSINESS
M. ADJOURNME~
SCHEDULE: RESOURCE MANAGEMENT PROCESS
Top.? [ Location [Date/Time
City Manager's Proposed FY 2001-02 Resource Presentation: March 27~
Management Plan Council Chamber
Economic Vitality/Safe Community/Policy & Decision Workshop: Conference April 3rd
Support Room
Quality Education for Lifetime Learning Workshop: Conference April 10'~
Room
Proposed FY 2001-02 Resource Management Plan Public Hearing: April 12'
To Be Announced
Quality Physical Environment/Operational Support Workshop: Conference April 17th
Room
Cultural & Recreational Opportunities/Family Youth Workshop: Conference April 244
Opportunities Room
Proposed FY 2001-02 Resource Management Plan Public Hearing: 2PM April 24th
Council Chamber
Reconciliation Workshop: Conference May 8th
Room
Resource Management Plan , Counci! Chamber May 15'~
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)
06/01/01slb
AGENDA\03-06-01
www.virginia-beach.va, us
i ii i
I I I I I i
OUR N~~G~
MINUTES
VIRGINIA BEACH CITY COUNCIL
V~rg~ma Beach, V~rgima
March 6, 2001
Mayor Meyera E Oberndorf called to order the CITY MANAGER'S BRIEFING re OPEN AIR CAFtP,
REGULATIONS tn the Counctl Conference Room, City Hall Butldtng, on Tuesday, March 6, 2001, at
12 20PM
Council Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Reba
S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf
and Rosemary Wtlson
Counctl Members Absent
Vtce Mayor Wtlham D Sessoms, Jr
Wtlham W Harrtson, Jr
Louts R Jones
[VA CA TION WITH FAMIL Y/SPRING BREAK]
[ENTERED 12 4 7 P M]
[FAMILY VA CA TION]
Nancy K Parker [ENTERED 1 25 P M]
-2-
COMMENTS OF THE MA YOR
ITEM # 4 7828
Mayor Oberndorf read into the record Lee Cahtll 's, Reporter - I,'trgtnta Beach Sun, letter of apprectatton
"Mayor Meyera Oberndorf
Ctty Counctl Members
Dear Meyera
That beautifully-wrapped-appropriately tn sea shell paper - big box
was totally unexpected, whtch was obvtous as I tried to fade into the wall
behtnd me When I opened tt several hours later, I was surprtsed agatn and
dehghted with the lovely throw emblazoned with scenes from Virginia
Beach The tte tac and key chatn also are race mementos
Thank you, all the other Counctl Members, Ruth Smtth and her
extraordtnary staff and the people running the Ctty who have made myjob
easter and more pleasant
When one of my daughters started teaching a few years ago, she
enjoyed tt so much that she commented, "And they 're paytng me for thts?"
I've felt, almost, the same way
I do remember the first meeting I covered -a mght meettng (on
Monday back then) and the Counctl Chamber was packed The attractton
was a scandal tnvolvtng some promtnent beach ctttzens It was a bapttsm
under fire for me I do not think Council business reached that pttch agatn.
fortunately
Thank you all again for your thoughtfulness
Stncerely,
s/Lee Cahtll"
-3-
CITY MANA GER 'S BRIEFING
OPEN AIR CAFJ~ REGULATIONS
12:20 P.M.
ITEM # 4 7829
Robert J Hudome, Resort ProJects Coor&nator, advtsed the Resort Open Atr Cafd gutdehnes were
ADOPTED tn 1985, and formally AMENDED by the Ctty Counctl tn May 4, 1993, to allow hve
entertatnment The ortgtnal gmdehnes dtd not allow any hve entertatnment There are currently forty-one
(4D cafes in theprogram with two (2) new cafesproposed for 2001. Mr Hudome dtstrtbuted coptes of the
Resort Open Atr Caf~ regulattons, franchtse agreement and hst of the extsttng cafes (42 cafes are listed -
- including one which has notyet been constructed).
Relattve the approval process, after an apphcatton ts completed, tt ts revtewed by Ctty Staff A boardwalk
cafe, as opposed to astde street cafd, often requtres a dtfferent process A full stte plan process ts
somettmes requtred for a boardwalk cafd The Resort Advisory Commission's Design Committee revtews
the apphcatton and then tt ts recommended to City Council for approval City Council approves the
franchtse for one year Staff can evaluate the operatton of the cafd and the final constructton If after one
year, tmprovements are necessary, thts can be accomphshedprtor to staffs recommendatton to Ctty Counctl
for a five-year renewal Five-year renewals are continually required to assure comphance with the
regulattons of the Franchtse Agreement The franchise fee ts to be determtned on a gross square foot
basts/per year, payable to the Ctty of Vtrgmta Beach The fee may vary yearly, the fee ts currently $3.25 per
square foot The cafes can only contatn up to 800 square feet The apphcant wtll provtde habthty tnsurance
coverage for personal tnjury and property damage as requtred A letter of cre&t/bond will be requtred as
determtned by the Pubhc Works Department and the Resort Management Office Approval of the State of
Vtrgtnta Alcoholic Beverage Control Board (ABC) ts requtred for operatton of Resort Open Atr Cafes
Types of Resort Open Air Cafes
Boardwalk Cafd Located on pubhc propertyfactng the boardwalk tn the
RT-1 zoning dtstrtct These cafes shall have a setback often (lO)feet from
the western edge of the btcycle path Pendtng revtew of spectfic cafd' stte
plans, addtttonal setbacks and clear path space may be requtred A
pertmeter fence shall be requtred
Connector Park Cafd A resort connector park cafd ts to be located on
pubhc property tn a Connector Park tn the RT-1 zomng dtstrtcts these
cafes shall have a setback often (10)feet (when feastble) mmtmum setback
ts to be four (4)feet from the western edge of the btcycle path Pendtng
revtew of spectfic cafd stteplans, addtttonal setbacks and clearpath space
may be reqmred There shall be a requtred mtntmum setback of etght (8)
feet from the Atlanttc Avenue curbhne for all Resort Open Atr Connector
Park Cafes A pertmeter fence wtll be requtred
Atlantic Avenue Sidewalk Cafd An Atlanttc Avenue stdewalk cafd ts to be
located on the pubhc stdewalk along Atlanttc Avenue directly adjotntng an
existing restaurant facthty tn the RT-1 or RT- Zomng Dtsttrcts Cafes are
not permttted between 15th and 24th Streets on Atlanttc Avenue
Atlantic Avenue Side Street Cafd A Resort &de Street Caf~ ts to be
dtrectly adjomtng an extstmg restaurant facthty tn the RT- or RT-3 zonmg
dtstrtct, located on pubhc property, and located on stde streets only
between Atlanttc and Pactfic Avenues Atlanttc Avenue &de Street and
Stdewalk Cafes are to be temporary tn nature and destgned so that all
charts, tables, planters, fences, etc can be removed durmgpertods of non-
use Canoptes are not allowed and the floor surface shall be extsttng
stdewalk or pavtng A pertmeter fence shall be requtred and shall meet the
requtrements
Wtth the utthzatton of Power Potnt, Mr Hudome &splayed examples of vartous Open Air Cafes
March 6, 2001
-4-
CITY MANAGER'S BRIEFING
OPEN AIR CAF~ REGULATIONS
ITEM # 4 7829 (Continued)
Mr Hudome referenced the Or&nance to grant an open air cafd franchise to LUNA SEA, INC, at 206 22"a
Street (DISTRICT 6 - BEACH), scheduled for the For~nal Sesston of Ctty Counctl A one year Franchtse
(May 2, 1999, through Aprt130, 2000) was granted to Loco, LLC (t/a Luna Sea Canttna MexacalO to operate
an Atlanttc Avenue &destreet Cafd at 206 22nd Street During the term of the franchise, the grantee
constructed a caf~ ' wtth a roof that dtd not comply wtth the approved final stte plan Consequently when the
franchtse exptred on Aprtl 30, 2000, tt was not renewed Thereafter, Loco, LLC was sold, and the new
operatton (Luna Sea, Inc ) destred to conttnue operatton of the caf~ As of October 3 l, 2000, the new
operator had fatled to brtng the roof of the eaf~ into comphance wtth the Ctty's caf~ regulattons On January
23, 2001, the Ct~y Attorney's staff met wtth the caf~ operator and her attorney to determtne tfa compromtse
could be reached At the concluston of that meettng the cafk' operator agreed to brtng the caf6 tnto strtct
comphance wtth the Ctty's caf~ regulattons on or before December 31, 2001
As per request of Mayor Oberndorf, the Ctty staff shall respond relattve ratstng the franchtse fee of $3 25
per square foot for the Open Atr Cafes, as thts ts much less than cost of the tntertor space of the bustness
Thts ts bastcally an expansion of the bustness tn the City's right-of-way Many of the ctttzens must get off
the stdewalks as two groups of people cannot pass on the space rematntng after these open atr cafes are
estabhshed tn the rtght-of-way
March 6, 2001
-5-
CITY MANAGER'S BRIEFING
UNITED STATES FIELD HOCKEY ASSOCIA TION
12:45 P.M.
ITEM # 4 7830
Sara Hensley, Dtrector of Parks and Recreatton, tntroduced Kathy Spangler, Dtrector, and Stacey McLeran,
Manager -Nattonal Parks and Recreatton Assoctatton Sharon Taylor, from the Umted States Fteld
Hockey Assoctatton, was unable to attend due to the heavy snowfall During the pubhc involvement
process of the Virginia Beach Outdoor Plan 2000 update and the Open Space tmttattve, second only to the
preservation of land, was the ballfield issue Addtttonal multt-purpose fields are needed across the Ctty
Members of the Department of Conventton and Vtsttor Development, attended the United States Olympic
Congress tn Colorado Spmngs, Colorado, tn 1999 Ctty staff met wtth representattves from the United States
Field Hockey Association (USFHA) to sohctt tournaments tn Vtrgtnta Beach Durtng that meettng, the
United States Field Hockey Association (USFH,4) provtded ctty staff wtth a Request for Proposal that they
look tnto an East Coast tratntng stte tn Vtrgtnta Beach Currently, thetr stte ts tn San Dtego, Cahforma After
revtewtng the RFP, ctty staff began to work wtth a local group, the Virginia Beach Field Hockey, who are
very supporttve Subsequent to a btd response, ctty staff were tnvtted to a Board meettng Sara attended
thts meettng After thts meeting, two factors changed drasttcally, tnstead of a seasonal tratntng center that
once had been proposed, the United States Field Hockey Association requested the posstbthty be revtewed
of there betng a permanent location tn Vtrgtnta Beach Also as apart of the plan, butldtngfields would be
reviewed (one tn the first phase and two tn the second phase) to be shared by the ctttzens o. f Vtrgtma Beach
for other uses Pendtng Ctty Counctl's approval, the USFH,4 has made a commttment and tntends to
commence movtng thetrplayers here tn Aprt1200i Unttl afield can be developed, the USFHA would play
at the Old Dominion University Foreman Field.
Ms Hensley ctted the key benefits
Begtns to address the needs tdenttfied through the Outdoor Plan update
and the Open Space tntttattve by brtngmg more fields to the City
Allows other communtttes wtth acttvtttes to utthze these quahtyfields, one
commencmg tn 2001 and the other tn 2003
The postttve tmpact on local athletes as well as htgh school and college
programs, as well as opportuntttes for mentortng the youth tn thts
commumty rs also a prtortty
Because the USFHA wtshes to be apart of the Ctty, there wtll be tmmedtate
exposure, both nattonal and tnternattonal
Vtrgtnta Beach wtll be tncluded tn a "tour", whtch conststs of Boston and
Phtladelphta Vtrgtnta Beach would be the last stte played on the tour
By brtngtng thts facthty here, the Ctty's relattonshtps are expanded as well
as the opportunity to build and branch out with other groups as the
Nattonal Parks and Recreation Assoctatton, the Nattonal Collegtate
Assoctatton and the Umted States Olymptc Committee
One key portton of thts agreement, ts the field, when not betng utthzed by
the USFHA, would be open to local schools and recreatton groups It
would brtng addtttonal players of other groups, notdust field hockey, to the
utthzatton of thts field
Thts factltty rs betng proposed to be located adjacent to the current
Sportsplex on a lot south of the Stadtum for shared facthttes
Thts partnershtp moves the Ctty closer to the objecttve of creattng an
"athlettc village" tn the heart of Virginia Beach
Phase I would equate to $1.5-MILLION $400,000 would be committed by the USFHA. SI.I-MILLION
would be the responsibility of the City of Virginia Beach Thts tncludes one arttfictal playtng field wtth
trrtgatton, stte tmprovements and the placement of utthttes for both fields Phase H - $1.7-MILLION would
be estabhshed tn the year 2003 This would encompass one moreplay~ngfield wtth the turf, hghttngfor both
fields, bleachers, mtmmal parktng and a small on-stte equtpment room wtth no water facdtttes Phase III
(only a concepO, wtth no costprojecttons, would entatl further expanston of seatmg, onstte locker and office
space
March 6, 2001
-6-
CITY MANAGER'S BRIEFING
UNITED STATES FIELD HOCKEY ASSOCIA TION
ITEM # 4 7830 (Continued)
The Vtrgtnta Beach Development Authortty wtll need to evaluate the requested utthzatton of thts land The
land wtll rematn the proper~ of the Ctty of Vtrgmta Beach Parks and Recreatton ts currently working wtth
the Ctty Attorney's office to develop a prehmtnary Term Sheet whtch would outhne condttlons and terms
mutually agreeable by the City and the USFHA The USFHA will commit to at least ten years However,
they are tnterested tn a much longer term to be revolved as apart of the Ctty makmg tt thetr home The Ctty
would have final authortzatton tn the ulttmate destgn of the facthty The Virginia Beach Field Hockey
communtty has been at the forefront of thts project from the very begtnntng
Cathy Spangler -Nattonal Parks and Recreation Assoctatton, chscussed the opportumttes that wtll make
an tmpact on the quahty of hfe tssues surroundmg sports and the facthttes This year $150,000 tn grants
ts betng dtstrtbuted for youth football programmtng Twenty (20) BMX tracks are bemg constructed A
program entttled "Magnet Centers/Community Mobilization Strategies" has been created to focus on
health based tssues through Parks and Recreatton
The Term Agreement of the Virginia Beach/USA Field Hockey Facthty shall be scheduled for the City
Counctl Session of March 13, 2001
March 6, 2001
-7-
AGENDA RE VIEWSESSION
l:37 P. M.
ITEM # 4 7831
I1
Ordtnance to AUTHORIZE the acqmsttton of an Agrtcultural
Land Preservatton Easement (ARP) and the tssuance of its
contract obhgattons tn the maxtmum prtnctpal amount of
$274,649for 133 89 acres, property of Mildred C. Furlough -
Installment Purchase Agreement No 2000-28 (DISTRICT- 7
PRINCESS ANNE)
Councd Lady McClanan wtll vote a VERBAL NA E
ITEM # 4 7832
13
Ordtnance to APPROVE an Amendment to the Agreement Of
Sale between the Ctty and BRANWICK ASSOCIA TES, INC re
due dthgence pertod, clostng date and demohtton of extsttng
butldtngs on the property at Bonney Road (formerly Days Inn
Hotel and Unclatmed Fretght properttes)
Thts ttem wtll be chscussed tn Closed Sesston
ITEM # 4 7833
14 Ordtnance to grant an open atr cafd franchise to LUNA SEA,
INC, at 206 22"a Street (DISTRICT 6 - BEACH
Thts ttem wtll be DEFERRED, BY CONSENT, untd the Ctty Counctl Sesston of March 13, 2001
ITEM # 4 7834
16
Ordtnance to APPROPRIATE $631,983from the fund balance
tn the Tourtsm Adverttstng Program to the FY 2000-O1 operattng
budget of the Department of Conventton and Vtsttor
Development re expandtng the Ctty's Tourism Advertising
Program and provtde tmmedtate access to funds tn case of
emergenctes
Thts ttem wtll be DEFERRED, BY CONSENT, unttl the Ctty Counctl Sesston of March 13, 2001 Further
tnformatton will be provtded Counctl by James Rtcketts, Director of Conventton and Vtsttor Development
17
ITEM # 4 7835
Ordtnance to TRANSFER $137,659 from the General Fund
Reserve for Conttngenctes to the FY 2000-01 operattng budget
of the office of the General Regtstrar re the cost of unanttctpated
special and primary elections
December 19, 2000 $39, 775
January 9, 2001 $19,634
June 12, 2001 $78,250
Dr Marlene Hagar, Regtstrar, wtll present cost tnformatton, durtng the constderatton of the FY2001-02
Resource Management Plan, re replactng of the present vottng equtpment whtch ts vtrtually the same
as uttltzed tn Flortda
March 6, 2001
-8-
AGENDA RE VIEW SESSION
ITEM # 4 783 6
HO Resolutton dtrecttng the Planmng Commtsston constder
potential Amendments to the Ctty Zomng Or&nance (CZO) re
piers tn residential zoning districts
Councdman Harrtson, after betng contacted by restdents of Bay Colony, requested thts Resolutton A number
of offenstve dock structures have been constructed, etther too large or utthzed tn such a manner whtch
caused offenstve ctrcumstances to the netghborhood The Ctty needs greater control over the constructton
of waterfront tmprovements
ITEM # 4 783 7
BY CONSENSUS, the followtng shall compose the CONSENT AGENDA:
ORDINANCES/RES OL UTIONS
I1
Ordtnance to AUTHORIZE the acqutsttton of an Agrtcultural
Land Preservatton Easement (ARP) and the tssuance of tts
contract obhgattons tn the maxtmum prtnctpal amount of
$274,649 for 133 89 acres, property of Mildred C. Furlough -
Installment Purchase Agreement No 2000-28 (DISTRICT- 7
PRINCESS ANNE)
12
Ordtnance to AUTHORIZE the Ctty Manager to enter tnto a
LEASE wtth Chappell Enterprises, Inc./Vickie's Jelly Jar, for
space 1 at the Farmers Market
! 4 Or&nance to grant an open atr cafdfranchise to LUNA SEA,
INC, at 206 22na Street (DISTRICT 6 - BEA CH)
I 50rdtnances to AUTHORIZE temporary encroachments
Mr and Mrs Ttmothy Cahtll construct a boat hft, a jet boat hft
and two jet skt hfts along the bulkhead tn Cape Story Canal at
2101 East Kendall Ctrcle (DISTRICT 5 - L YNNHA VEN)
Jack W and Sandra S Archbelle to construct a dock and
bulkhead tn the unnamed Ctty owned lake adjacent to 5164
Overland Road (DISTRICT 2 - KEMPSVILLE)
16
Ordtnance to APPROPRIATE $631,983from the fund balance
tn the Tourtsm Adverttstng Program to the FY 2000-O1 operattng
budget of the Department of Conventton and Vtsttor
Development re expandtng the Ctty's Tourism Advertising
Program and provtde tmmedtate access to funds tn case of
emergenctes
17
Ordinance to TRANSFER $137,659 from the General Fund
Reserve for Contmgenctes to the FY 2000-01 operating budget
of the office of the General Regtstrar re the cost of unanttctpated
special and primary elections
December 19, 2000 $39, 775
January 9, 2001 $19,634
June 12, 2001 $78,250
18
Resolutton re Vtrgtnta Department of Transportatton (VDOT)
add lane mtles of local and collector streets ehgtble for urban
matntenance, effecttve July 1, 2001, and, tncrease apphcable
revenue of $62, 63 7 78 per year
March 6, 2001
-9-
AGENDA RE VIEW SESSION
ITEM ii 4 783 7 (Continued)
19
Resolutton destgnattng certatn properttes (as hsted tn the
documenO a Revitalization Area for the purpose of the VHDA
Tax Allocatton Plan wtth the Vtrgtnta Beach Communtty
Development Corporatton (VBCDC)
HO Resolutton dtrecttng the Planntng Commtsston consider
potenttal Amendments to the Ctty Zonmg Ordinance (CZO) re
piers tn residential zoning districts
I11 REFUNDS:
City Treasurer Tax Refunds: $ 7,640.31
Commissioner of Revenue Refunds:
License: $ 230,622. 71
Meal Tax: $ 2,313.19
Admissions $ 434. 61
Counctl Lady McClanan wtll vote a VERBAL NAY on Item I 1
Item 1 4 wtll be DEFERRED, BY CONSENT, unttl the Ctty Counctl Session of March 13, 2001
Item 1 6 wtll be DEFERRED, BY CONSENT, unttl the Ctty Counctl Sesston of March 13, 2001
March 6, 2001
IO-
ITEM # 4 7838
Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, March 6, 2001, at 1 43
PM
Council Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr,
Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary
Wtlson
Counctl Members Absent
Louts R Jones and Vtce Mayor Wtlham D Sessoms, Jr
March 6, 2001
-11-
ITEM # d 7859
Mayor Oberndorf entertamed a morton to permtt Ctty Councd to conduct tts CLOSED SESSION, pursuant
to Section 2 1-3rid(A), Code of V~rgmm, as amended, for the followmg purpose
LEGAL MA TTERS Consultatton with legal counsel or brtefings by staff
members, consultants, or attorneys pertatntng to actual or probable
httgatton, or other specific legal matters requtrtng the provtston of legal
advtce by counsel pursuant to Sectton 2 1-344(A)(7)
To- Wtt Sportsplex
Contractual Issue - Branwtck Assoctates
Upon motion by Councdman Branch, seconded by Councd Lady Parker, Ctty Councd voted to proceed
znto CLOSED SESSION.
Vottng 9-0
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr,
Barbara M Henley, 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
Louts R Jones and Vtce Mayor Wdham D Sessoms, ,Ir
(Time of Closed Session: 1:43 P.M. to 2:28 P.M.)
March 6, 2001
- 12-
FORMAL SESSION
VIRGINIA BEA CH CITY CO UNCIL
March 6, 2001
2:28 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Counctl Chamber, Ctty Hall Butldtng, on Tuesday, March 6, 2001, at 2 28 P M
Counctl Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Wtlltam W Harrtson, Jr,
Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr,
Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson
Counctl Members Absent
Vice Mayor Wtlham D Sessoms, Jr
Wtlham W Harrtson, Jr
[VA CA TION WITH FAMIL Y/SPRING BREAK]
[ENTERED 12 4 7 P M]
INVOCATION'
Reverend Rtchard d Keever
Baystde Presbytertan Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Mayor Oberndorf expressed sadness and sympathy on behalf of the Ctty Counctl and ctttzens to the famthes
of the 203ra Red Horse Dtvtston of the Nattonal Guard Thts tragedy was an extraordtnary loss to the Ctty
Thts dtvtston made very tmportant contrtbuttons to the Ctty's Houstng and Netghborhood Preservatton as
Volunteers
March 6, 2001
PRESENTATION
- 13-
ITEM # 4 7840
Mayor Oberndorf advtsed at 10 O0 A M this mormng on this Sixth day of March, Two Thousand and One,
tn the Ctty of Vtrgtnta Beach, Vtrgtnta, Umted States of Amertca, &ster Ctttes Internattonal chartered the
umon of Virginia Beach, Virginia, and North Down, Bangor, Northern Ireland The Charter Statement
was sealed by the stgnatures of the Mayor of the Ctty of Vtrgtnta Beach, Meyera E Oberndorf and the
Mayor of the Borough of North Down, Alan Chambers
Mayor Oberndorf tntroduced the North Down-Bangor Mayoral Delegation
Mayor Alan Chambers
Alderman Leslie Cree
Councillor Marsden FitzSimons
Councillor Roberta Dunlop
Chief Executive Trevor Polley
Reporter Helen {McDowell} Boyd
March 6, 2001
Item V-E.
- 14-
CER TIFIC/I TION OF
CLOSED SESSION
ITEM # 4 7841
Upon motton by Counctl Lady Parker, seconded by Counctl Lady Wtlson, Ctty Counctl CERTIFIED
THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc bustness matters lawfully exempted from Open Meettng
reqmrements by Virginia law were discussed tn Closed Session to which
thts certtficatton resolutton apphes,
AND,
Only such pubhc bustness matters as were tdenttfied tn the motton
convemng the Closed Sesston were heard, discussed or constdered by
Vtrgtnta Beach Ctty Counctl
l/'ottng 9-0
Counctl Members Yottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson
Council Members Vottng Nay
None
Counctl Members Absent
Louts R Jones and Vtce Mayor Wtlham D Sessoms, Jr
March 6, 2001
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CI.OSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 47839, page 11, and in accordance with the
promslons 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 Vlrglma law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
whmh 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.
R41th Hodge~' Smith, MMC
City Clerk
March 6, 2001
- 15-
Item V-F. 1.
MINUTES
ITEM # 4 7842
Upon motton by Counctl Lady Parker, seconded by Counctlman Harrtson, Ctty Counctl APPROVED the
Mtnutes of the INFORMAL AND FORMAl, SESSIONS of February 27, 2001.
Voting 9-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Reba S McClanan, Robert C Mandtgo, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Louts R Jones and Vice Mayor Wtlham D Sessoms, Jr
March 6, 2001
-16-
Item V-G.
ADOPT A GENDA
FOR FORMAL SESSION
ITEM # 4 7843
BY CONSENSUS, Ctty Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
March 6, 2001
-17-
Item V-H. 1.
PUBLIC HEARING
ITEM # 4 7844
Mayor Oberndorf DECLARED A PUBLIC HEARING:
UNITED STATES FIELD HOCKEY ASSOCIATION- Parks and Recreation
The followtng regtstered tn SUPPORT
Ntck Anota, II 73 Horn Potnt Road 23456, Phone 721-3316, Parks and Recreatton Commtsstoner
Don Estnhart, 1132 Chumley Road 23451, Phone 491-9047, parent of MIT Fteld Hockey player and
academtc All Amertcan
Nancy Fowlkes, Fteld Hockey Coach -Cox Htgh School, 5031 Cypress Potnt 23455, Phone 577-0383,
represented the Mtddle and Htgh School Coaches
Beth Anders, Old Domtmon Umverstty Head Field Hockey Coach, 2425 Shorehaven Drtve 23455,
Phone 518-95 78, "wmmng-est" Coach tn Htgh School htstory, Member Fteld Hockey Hall of Fame, holds
Olymptc Scormg Record
Yogt Booth, 380 Kenley Road 23452, Phone 499-8984, Member of 1988 Fteld Hockey Olymptc Team
Charley Frey, 925 Stockbrtdge Drtve, 23464, Phone 495-7919, parent of two daughters both actively
tnvolved tn sports/UNC Fteld Hockey player
Debbte Lowrance, 4817Admtratton Drtve 23464, Phone 495-9036, Dtrector- Vtrgtnta Beach Fteld Hockey
and Eastern Vtrgtnta Fteld Hockey Foundation
Tom St Dents, 4849 Admtratton Drtve 23464, Phone 495-5095, parent of 3 Fteld Hockeyplaymg daughters
Gary Cornehson, 4525 Clemsford Drtve 23456, Phone 495-9404, parent of 2 daughters tn Fteld Hockey
program
Jean Potts, 1856Eden Way 23454, Phone 486-7824, represented two grandparents who restde tn the Ctty
whose grandchddren play Fteld Hockey tn New Hampshtre
Ezt Akamktro, 3409 Dana Lane 23452, Phone 486-7824, represented Youth Leaders In Actton
Harley Swan, 4816 Berrywood Road 23464, Phone 467-2 788, represented Youth Leaders In Actton (Ms
Akamktro and Ms Swan spoke together)
Ctndy Mtdktff, 617Lake Potnt Ctrcle, Phone 422-2367 (read tnto the record, letter ofDr Sandra Glasson -
Glasson Sports Medtcme), represented Vtrgmta Beach Fteld Hockey
Jack Anderson, 4512 Vtrgtnta Beach Boulevard 23462, Phone 664-2576, Executtve Dtrector- Hampton
Roads Sports Commission
Tiffany Machado, 1929 Beethoven, Semor - Kellam High School, Field Hockey player
There betng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING
March 6, 2001
- 18-
Item V-H. 2.
PUBLIC HEARING
ITEM # 4 7846
Mayor Oberndorf DECLARED A PUBLIC HEARING
A GRICUL TURAL PRESER VA TION PROGRAM (ARP) - Furlough property
There betng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING
March 6, 2001
'THE BEACON,',F'EBRUARY 25,'20~1
NOTICE OF PUBU(~ NEARING ON 'file EXECIJllON AND DEUV~RY
OF INSTALLMENT PURCHASE AGREEMENI~ FOR THE
ACQUISITION OF DEVELOPMENT RIGHI~ ON CERTAIN PROI~RI'Y O
BY THE CITY OF VIRGINIA BEACH, VIRGINIAg
Not,ce ~s hereby g~van that the City Counc, I of the City of Virgmnm C
Beach, Vtrgmnia wdl hok:l a Dubl~ heanl~ with msbect to the executto41 p,
an~l dehven/of Ins~allmen! Purchase Agreements for the aC(lUlS~on of
agncultural land presefYetlon easements with respect to land Iocate(J 6
on Indian Creek Road and Crags ~, in the City of Virginia. Vlr
gm~a pursuant to OrOlnanoa No 95-2329. known aa the Agricultural
Lands Pres~vabon Ordinance. which establishes an a~rlcultura!
m
resewe pro,ram f~ the southern IxMIJo of the c~ty (leat~,nate(t to (al
p~omote and encourage the pmservabon of farmland, (b) Ixeaefve
open spaces anti the ama'$ rural character, (c) conserve end i~otect
environmentally sansmtmve resources. (d) reUuce end ~ the need for
major infrastructure tmorovemanl:s and the eKoandlture of pubic fun~s
for such improvements, and (e) asset tn shal:~ the character, direc-
tion and tmmmng of community (le~t. Such easements will be
~Jrchased pursuant to Installment Ptm:flase A~ants for an
[ate estJmated me.mum DUmhase pnoa of $274.649 The City's oblm- r
~t~on to pay the pumhase pnoa ~ the Installment Pumhase
~ Agreements is a gsa'rural ob4~ga~on of the C~/, and the full faith and J
, crecht and the unhm~ed ta~n~, power of the City will be trmvooably
i pleo~ed to the punctual payment of the pumhase Dnce end the
est on U~e unpe,:l p~ncipal balance of ~ Ou~.hase price as and when
i~lch may be continued (x adloume~, will be hem bythe C~y Councd
o~ March 6 2001, at 2 O0 p m in the C~ Council Chambers Iocmtsd
on the 2nd floor of the C~y Hall Bumkbng at the MumclpaJ Centre' of the
'City of Vlrgmla Beecfl, Vim~ma. Any beton mntem~tecl in this matte'
, may appear and be heard
CiTY OF VIRGINIA BEACH, VIRGINIA
TItJe CITY CLERK
-19-
Item V-H. 3.
PUBLIC HEARING
ITEM # 4 784 7
Mayor Oberndorf DECLARED ,4 PUBLIC HEARING
FARMERS MARKET- Lease - Vicky's Jellie Jar
There betng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HE~4RING
March 6, 2001
Item V-I.
- 20-
ORDINANCES/RES OL UTIONS
ITEM # 4 7848
Upon motton by Counctl Lady Henley, seconded by Counctlman Harrtson, Ctty Counctl APPROVED IN
ONE MOTION, Ordtnances/Resoluttons 1, 2, 3(REVISED), 4 (DEFERRED) 5, 6 (DEFERRED), 7, 8, 9,
10 and 11 of the CONSENTAGENDA.
Item 3 was ADOPTED, BY CONSENT, with REVISED Amendment to the Agreement of Sale
Item 4 was DEFERRED, BY CONSENT, unttl the Ctty Counctl Sesston of March 13, 2001
Item 6 was DEFERRED, BY CONSENT, unttl the Ctty Counctl Sesston of March 13, 2001
Vottng 9-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson
Council Members Vottng Nay
None
Counctl Members Absent
Louts R Jones and Vtce Mayor Wtlham D Sessoms, dr
Counctl Lady McClanan voted a VERBAL NAY on Item I 1
Councdman Harrtson ABSTAINED on Item 13 (Branwtck Assoctates, Inc ) as hts law firm provtdes legal
servtces to Branwtck Assoctates
Counctlman Branch ABSTAINED on Item 13 (Branwtck Assoctates, Inc ) as he operates a Days Inn
franchtse
March 6, 2001
Item V-I. 1.
- 21 -
ORDINANCES/RESOL UTIONS
ITEM # 4 7849
Upon motton by Counctl Lady Henley, seconded by Counctlman Harrtson, Ctty Counctl ADOPTED:
Ordtnance to AUTHORIZE the acqutsttton of an Agricultural Land
Preservatton Easement (ARP) and the tssuance of tts contract obhgattons
tn the maxtmum prtnctpal amount of $274,649 for 133 89 acres, property
of Mildred C. Furlough - Installment Purchase Agreement No 2000-28
(DISTRICT- 7 PRINCESS ANNE)
Vottng 8-1 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Robert C Man&go, Jr, Mayor Meyera E
Oberndorf Nancy K Parker and Rosemary }Vtlson
Counctl Members Vottng Nay
Reba S McClanan
Counctl Members Absent
Louts R Jones and Vtce Mayor Wtlham D Sessoms, Jr
March 6, 2001
AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
AGRICULTURAL LAND PRESERVATION EASEMENT AND THE
ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN
THE MAXIMUM PRINCIPAL AMOUNT OF $274,649
WHEREAS, pursuant to the Agricultural Lands Preservation
Ordinance (the "Ordinance") , Appendix J of the Code of the
City of Virginia Beach, there has been presented to the City
Council a request for approval of an Installment Purchase
10
Agreement (the form and standard provisions of which have been
11
previously approved by the City Council, a summary of the
12
material terms of which is hereto attached, and a true copy
13
of which is on file in the City Attorney's Office) for the
14
acquisition of the Development Rights (as defined in the
15
Installment Purchase Agreement) on certain property located in
16
the City and more fully described in Exhibit B of the
17
Installment Purchase Agreement for a purchase price of
18
$2 74,649 and
19
WHEREAS, the aforesaid Development Rights shall be
20
acquired through the acquisition of a perpetual agricultural
21
land preservation easement, as defined in, and in compliance
22
with, the requirements of the Ordinance; and
23
WHEREAS, the City Council has reviewed the proposed terms
24
and conditions of the purchase as evidenced by the Installment
25
Purchase Agreement;
26
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
27
CITY OF VIRGINIA BEACH, VIRGINIA:
28
1. The City Council hereby determines and finds that
29
the proposed terms and conditions of the purchase of the
30
Development Rights pursuant to the Installment Purchase
31 Agreement, including the purchase price and manner of payment,
32
are fair and reasonable and in furtherance of the purposes of
33
the Ordinance, and the City Manager or his designee is hereby
34
authorized to approve, upon or before the execution and
35
delivery of the Installment Purchase Agreement, the rate of
36
interest to accrue on the unpaid principal balance of the
37
purchase price set forth hereinabove as the greater of 5.25%
38
per annum or the per annum rate which is equal to the yield on
39
United States Treasury STRIPS purchased by the City to fund
4O
such unpaid principal balance; provided, however, that such
41
rate of interest shall not exceed 7.25% unless the approval of
42
the City Council by resolution duly adopted is first obtained.
43
2. The City Council hereby further determines that
44
funding is available for the acquisition of the Development
45
Rights pursuant to the Installment Purchase Agreement on the
46
terms and conditions set forth therein.
47
3. The City Council hereby expressly approves the
48
Installment Purchase Agreement and, subject to the
49
determination of the City Attorney that there are no defects
50
in title to the property or other restrictions or encumbrances
51
thereon which may, in the opinion of the City Attorney,
52
adversely affect the City's interests, authorizes the City
53
Manager or his designee to execute and deliver the Installment
54
Purchase Agreement in substantially the same form and
55
substance as approved hereby with such minor modifications,
56
insertions, completions or omissions which do not materially
57
alter the purchase price or manner of payment, as the City
58
Manager or his designee shall approve. The City Council
59
further directs the City Clerk to affix the seal of the City
60
to, and attest same on, the Installment Purchase Agreement.
61 The City Council expressly authorizes the incurrence of the
62
indebtedness represented by the issuance and delivery of the
63
Installment Purchase Agreement.
64
4. The City Council hereby elects to issue the
65
indebtedness under the Charter of the City rather than
66
pursuant to the Public Finance Act of 1991 and hereby
67
constitutes the indebtedness a contractual obligation bearing
68
the full faith and credit of the City.
69
Adopted by the Council of the City of Virginia Beach,
70
Virginia, on this 6th day of March
, 2001.
71
72
73
Adoption requires an affirmative vote of a majority of
all members of the City Council.
74
75
76
77
CA-01-8021
wmm\ ordres ~ furl oughorn, wpd
R-1
February 22, 2001
78
79
80
81
APPROVED AS TO CONTENT:
~griculture Department
APPROVED AS TO LEGAL
SUFFICIENCY:
Law Department
82
83
84
CERTIFIED AS TO AVAILABILITY OF FUNDS:
AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2000-28
SUMMARY OF MATERIAL TERMS
SELLER: Mddred C. Furlough
PROPERTY LOCATION: Indian Creek Road and Crag's Causeway
PURCHASE PRICE: $274,649
EASEMENT AREA: 133.89 acres, more or less
DEVELOPMENT POTENTIAL: 15 s~ngle-famdy dwelhng bmld~ng s~tes (13 acqmred, 2
reserved for future development)
DURATION: Perpetual
INTEREST RATE: Equal to y~eld on U.S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 5.25% (actual rate to be determined when STRIPS are purchased prior to
execution of Installment Purchase Agreement). Rate may not exceed 7.25% without approval of
C~ty Councd.
TERMS: Interest only twice per year for 25 years, w~th payment ofpnnc~pal due 25 years from
IPA date
RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and dehvery of IPA.
Indian Creek
Item V-I. 2.
- 22 -
ORD INANCES/RES OL U TIONS
ITEM # 4 7850
Upon motton by Counctl Lady Henley, seconded by Counctlman Harrtson, Ctty Council ADOPTED:
Or&nance to AUTHORIZE the Ctty Manager to enter into a LEASE wtth
Chappell Enterprises, Inc./VicMe's Jelly Jar, for space 1 at the Farmers
Market
Vottng 9-0 (By Consent)
Council Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson
Council Members Vottng Nay
None
Counctl Members Absent
Louts R clones and Vtce Mayor Wtlham D Sessoms, dr
March 6, 2001
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO LEASE A SPACE AT THE
VIRGINIA BEACH FARMERS MARKET
WHEREAS, for over two decades, the City of Virginia Beach
5 has leased spaces in the Farmers Market located at the intersection
6 of Princess Anne and Dam Neck Roads;
WHEREAS, a space at the Farmers Market is available for
8 lease, and City staff has identified a person wishing to lease this
9 space and open a business; and
10
WHEREAS, a public hearing concerning the proposed lease
11 has been advertised and conducted.
12
13
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
14
That the City Manager is hereby authorized on behalf of
15 the City of Virginia Beach to enter into a lease agreement with
16 Vickie W. Chappell (trading as "Chappell Enterprises, Inc./Vickie's
17 Jelly Jar") for Space #1 at the Farmers Market.
18
19
Adopted by the Co~lncil of the City of Virginia Beach,
Virginia, on the 6th day of March , 2001.
CA8023
F:~Data~ATY~Ordin~NONCODE~FM #1 Vickies.ord. BK!
February 27, 2001
R2
APPROVED AS TO CONTENT:
~epartme~t of Ag~culture
APPROVED AS TO LEGAL
SUFFICIENCY:
City Atto(;~y~ s O~ice
SUMMARY OF TERMS
LEASE FOR SPACE #1 AT THE VIRGINIA BEACH FARMERS MARKET
LESSOR: C~ty of Virginia Beach
LESSEE: Space 1
Vickie Chappell
t/a "Chappell Enterprises, Inc./Vickie's Jelly Jar"
TERM: March 6, 2001 through June 30, 2003
RENT:
Base Rent is $330 per month
RIGHTS AND RESPONSIBILITIES OF LESSEE:
Use leased space for retail enterprise consistent with the purpose of the Farmers
Market.
Mmntmn leased space, including heating and air conditioning umts.
Purchase commercial general liability ~nsurance.
Keep retail space open dunng hours of Farmers Market operation.
RIGHTS AND RESPONSIBILITIES OF CITY:
Maintmn common areas of the Farmers Market and structural elements of the leased
space.
Pay for water, sewer and, in most cases, electrical servme.
TERMINATION: City may terminate by providing Lessee sixty (60) days not~ce.
- 23 -
Item V-I. 3.
ORDINANCES/RES OL UTIONS
ITEM # 4 7851
Upon motton by Counctl Lady Henley, seconded by Counctlman Harrtson, Ctty Councd ADOPTED:
Ordtnance to APPROVE an Amendment (REVISED) to the Agreement
Of Sale between the City and BRANWICK ASSOCIA TES, INC re due
dthgence pertod, clostng date and demohtton of extsttng buddings on the
property at Bonney Road ~ormerly Days Inn Hotel and Unclaimed Freight
properttes)
Vottng 7-0 (By ConsenO
Counctl Members Voting Aye
Margaret L Eure, Barbara M Henley, Reba S McClanan, Robert C
Man&go, .Ir, Mayor Meyera E Oberndorf, Nancy K Parker and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Abstaining
Ltnwood 0 Branch, III, and Wtlham W Harrtson, Jr
Counctl Members Absent
Louts R Jones and Vice Mayor Wtlham D Sessoms, Jr
Counctlman Harrtson ABSTAINED as hts law firm provtdes legal servtces for Branwlck Assoctates
Counctlman Branch ABSTAINED as he operates a Days Inn franchtse
March 6, 2001
OKDINANCE NO.
AN ORDINANCE TO APPROVE AN
AMENDMENT TO THE AGREEMENT OF SALE
BETWEEN THE CITY AND BRANWICK
ASSOCIATES, INC.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
WHEREAS, on December 12, 2000, City Council adopted an Ordinance declaring
Parcels A and B on the northeast side of Bonney Road (former Days Inn Hotel Site and Unclaimed
Freight Facility) (the "Property") as excess City property and authorizing the City Manager to enter
into an Agreement of Sale with Branwick Associates, Inc. for the sale of the Property in accordance
with certain terms and conditions;
WHEREAS, on December 15, 2000, the City entered into an Agreement of Sale with
Branwick Associates, Inc for the sale of the Property;
WHEREAS, Branwick Associates, Inc. has requested an amendment to certain
provisions of the Agreement of Sale pertaining to the due diligence period, the closing date and the
demolition of existing buildings on the Property; and
WHEREAS, the Agreement of Sale requires the written consent of the City to any
modification of the Agreement of Sale.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That an Amendment to the Agreement of Sale between the City and Branwick
Associates, Inc. pertaining to the due diligence period, the closing date and the demolition of existing
buildings on the Property is hereby approved, and the City Manager or his designee is hereby
authorized to execute such Amendment in accordance with the terms attached hereto with the final
wording to be satisfactory to the City Attorney.
ADOPTED by the Council of the City of Virginia Beach, Virginia, on the 6th day
of March ,2001.
AMENDMENT TO THE AGREEMENT OF SALE BETWEEN
THE CITY OF VIRGINIA BEACH AND BRANWICK ASSOCIATES, INC.
THIS AMENDMENT TO THE BRANWICK ASSOCIATES AGREEMENT OF SALE is
made tNs ~ day of ,2001, by and between the CITY OF VIRGINIA BEACH,
Vtrginia, a mumc~pal corporation of the Commonwealth of Virg~ma (the "City") and BRANWlCK
ASSOCIATES, INC., a Vlrg~ma corporation ("Branwmk"), and amends that Agreement of Sale
dated December 15, 2000 (the "Agreement") between the City and Branwmk for sale of excess Ctty
property consmt~ng of approxtmately 11.097± acres located on the northeast side of Bonney Road
~n the Ctty of Virginia Beach (the "Property").
WITNESSETH:
THAT FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) and other good
and valuable consideration, the recmpt and suffimency of which ~s hereby acknowledged, the parttes
hereto amend the Agreement as follows:
1 Paragraph 2 is amended as follows.
"Buyer is hereby granted 180 days from the date of full executton of this Agreement
by all parties (the "Due Dihgence Period") to inspect the Property tn order to
determine whether the present zoning or the softs and subsurface condxttons of the
Property are statable, tn Buyer's reasonable op~mon, for Buyer's intended use of the
Property as the site of a Ngh-nse office building, and to determine the existence of
any adverse environmental matters or conditions ~n, on, under, about or migrating
from or unto the Property. If Buyer determines dunng the Due Diligence Period that
present zoning or the soft or subsurface conditions of the Property are not statable for
the tntended use of the Property as the site for a htgh-nse office bml&ng or
determines the existence of any adverse environmental matters or conditions in, on,
under, about, or m~grating from or unto the Property, Buyer reserves the right to
terminate this Agreement of Sale by gxving Seller written nottce of term~natton not
later than 5:00 p.m. on June 15, 2001, which ts the last day of the Due Dfltgence
Period. Upon receipt of such notlficaUon, the Depostt shall be returned to Buyer as
promptly as possible and no later than fourteen (14) bus~ness days thereafter, and
nexther party shall have any further rights agaxnst or obhgattons or haNhty to the
other hereunder except as spectfied tn Paragraphs 5(a) and 9".
2. The first full paragraph of Paragraph 3 shall be amended as follows:
"Settlement proceedings shall be conducted at the Office of the Ctty Attorney, Real
Estate Annex, Bmlding 20, Mumcipal Center, Vtrg~ma Beach, Vtrgima 23456. The
settlement shall occur no later than July 15,2001, which ts thtrty (30) days after the
end of the Due Diligence Period as called for in Paragraph 2 hereof(the "Settlement
o
Date") or at such other earlaer time as Buyer may elect wath prior notace to Seller
However, in no event shall the Settlement Date be later than July 15, 2001, whach as
two hundred ten (210) days after the executaon ofth~s Agreement by all parties, time
being expressly declared and agreed to be of the essence in this Agreement.
The second paragraph of Paragraph 3 shall remain as originally drafted.
Paragraph 5(a) shall be amended by deleting 5(a) in ~ts entirety and replacing it with
the following:
"Buyer shall demolish and remove all ex~sting structures on the Property no later
than (30) days after the Settlement Date, or at Buyer's option, prior to the Settlement
Date. In the event Buyer elects to demohsh and remove the cresting structures on the
Property prior to the Settlement Date, right of entry to the Property is granted to
Buyer, its agents, contractors, sub contractors, representatives, successors and assigns
for the purpose of such demolition and removal. It is expressly agreed, however,
that:
0)
Such access and demolition and removal shall be at Buyer's sole risk and
expense regardless of whether or not Buyer purchases the Property.
(ii)
Seller shall not be responsible for and Buyer shall ~ndemnify and hold
harmless Seller, and its agents, employees, volunteers, servants and officials
against any and all claims, actions, damages, losses, clean up costs, penalties,
fines, and expenses, including htigation costs and reasonable attorney's fees
incurred by Seller in connection with any personal ~njury or death, damage
to or loss of property, or any violation of law, including environmental and
health laws and regulations, arising from the actlwt~es performed on the
Property by Buyer and tts agents, contractors, sub contractors,
representatives, successors, and assigns.
(iff)
Simultaneously with the execution oftNs Amendment, Buyer shall rather (a)
provide to Seller a performance bond in the amount of the demolinon
contract pursuant to Virginia Code Section 11-58 to ensure fmthful
performance of the demolition contract and removal of all construction debris
or (b) cause Messrs. Robert B. Smithwmk and John C Brogan, IV (the
"Guarantors") to execute and dehver to Seller thmr uncondataonal personal
guaranty (the "Guaranty") pursuant to which the Guarantors, jointly and
severally, unconditionally guaranty, for the benefit of Seller, full payment
and performance of the demoliuon contract to ensure fmthful performance of
the demolmon and removal of all constructaon debris and payment to the
demolition contractor of the full amount of the demohtion contract price;
provaded, however, that the City Attorney has previously approved the form
and content of the Guaranty and has made a determination that the Guaranty
proffered affords protection to Seller equivalent to a corporate surety's
performance bond.
(iv)
Buyer shall ensure that its demolition contractor provides Commercial
General Liability insurance coverage in the amount of $7,000,000.00 with
Seller as an additional insured. Buyer shall provide Seller wah the
Certificate of Insurance evidencing coverage.
(v)
Buyer shall secure all necessary permits for the demohtion and removal of
the existing structures on the Property.
(vi)
A licensed contractor must perform the demolition work and all asbestos and
debris resulting from the demolition shall be removed and disposed of ~n a
lawful manner.
(vii)
Buyer shall use its best efforts to ensure that no debris from the demolition
incidently falls or is placed in the Chesapeake Bay Resource Protection Area
or vegetated wetlands.
(viii)
Neither Buyer nor any of its agents, contractors, or sub contractors shall
suffer or cause to be created any lien or encumbrance arising from the
activities performed on the Property.
(ix)
The obligations set forth in this Paragraph 5 (a) shall survive settlement or
termination of this Agreement."
4. Paragraph 13(b) shall be amended as follows:
"In the event the consummation of the transaction contemplated herexn fails to occur
by reason of any default by Buyer, except as specified in Paragraphs 5(a) and 9,
Seller shall have as its sole remedy, the right to retain Buyer's depostt as liqutdated
damages, it being acknowledged and agreed that in such event it would be difficult
to ascertain the exact amount of Seller's damages.
5 In all other respects the Agreement shall remmn in full force and effect.
WITNESS the following signatures:
SELLER:
CITY OF VIRGINIA BEACH
By: .(SEAL)
City Manager/Authorized
Designee of City Manager
(SEAL)
ATTEST:
Ruth Hodges Smith
City Clerk
BUYER:
BRANWICK ASSOCIATES, INC.
By: .(SEAL)
President
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of .,
2001, by. , City Manager/Authorized City Manager of the
City of Virginia Beach, Virginia, on its behalf.
My Commission expires
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregmng instrument was acknowledged before me th~s day of
-. ,2001, by Ruth Hodges Smith, City Clerk of the City of Virginia Beach,
Virginia, on its behalf.
Notary Public
My Commission expires
STATE OF
CITY/COUNTY OF
., to-wit:
The foregoing instrument was acknowledged before me this day of
,2001, by Robert B. Smithwick, President of Branwick Associates, Inc., a
V~rg~ma corporation, on its behalf.
Notary Public
My Commission expires
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Department of Economm Development
C~ty Attorney
F \Users\VValldej\WP~BZA~daysmn amd wpd
Item V-I. 4.
- 24 -
ORDINANCES/RESOL UTIONS
ITEM # 4 7852
Upon motion by Council Lady Henley, seconded by Councilman Harrtson, City Counctl DEFERRED to
the City Council Session of March 13, 2001:
Or&nance to grant an open atr cafd franchise to LUNA SEA, INC, at 206
22"~ Street (DISTRICT 6 - BEA CH)
Votmg 9-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr,
Barbara M Henley, 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 Absent
Louts R Jones and Vtce Mayor Wtlham D Sessoms, dr
March 6, 2001
Item V-I. 5. a.
- 25 -
ORDINANCES/RES OL UTIONS
ITEM # 4 7853
Upon motton by Counctl Lady Henley, seconded by Councilman Harrtson, City Counctl ADOPTED
Ordtnance to AUTHORIZE temporary encroachments
Mr and Mrs Ttmothy Cahtll construct a boat hft, a jet boat hft and two
jet skt hfts along the bulkhead tn Cape Story Canal at 2101 East Kendall
Ctrcle (DISTRICT 5 - L YNNHA VEN)
The followtng condtttons shall be requtred
The temporary encroachment shall be constructed and
matntatned tn accordance wtth the laws of the Commonwealth of
Vtrgtnta and the Ctty of Vtrgtnta Beach and tn accordance wtth
the Ctty's spectficattons and approval as to stze, ahgnment and
locatton
The temporary encroachment shall termtnate upon nottce by the
Ctty to the apphcant and, wtthm thtrty (30) days after such
nottce ss gtven, the temporary encroachment must be removed
from the encroachment area by the apphcant and the apphcant
wtll bear all costs and expenses of such removal
The apphcant shall tndemntfy and hold harmless the Ctty, tts
agents and employees from and agatnst all clatms, damages,
losses and expenses, tncludtng reasonable attorney's fees tn case
tt shall be necessary to file or defend an actton artstng out of the
locatton or extstence of the temporary encroachment
Nothtng heretn contatned shall be construed to enlarge the
permtsston and authortty to permtt the matntenance or
constructton of any encroachment other than that spectfied
heretn and to the hmtted extent spectfied heretn, nor to permtt
the matntenance and construction of any encroachment by
anyone other than the apphcant
5 The apphcant agrees to matntatn the temporary encroachment so
as not to become unstghtly or a hazard
The apphcant must obtatn a permtt from the Office of
Development Servtces Center/Planmng Department prtor to
commenctng any constructton wtthtn the encroachment area
The apphcant shall obtain and keep tn force all rtsk property
tnsurance and general habthty or such tnsurance as ts deemed
necessary by the Ctty, and all tnsurance pohctes must name the
Ctty as addtttonal named insured or loss payee, as apphcable
The apphcant must also carry comprehensive general habthty
tnsurance tn an amount not less than Ftve Hundred Thousand
Dollars ($500,000), combined smgle hmtts of such msurance
pohcy or pohctes The apphcant must provtde endorsements
provtdtng at least thtrty (30) days' wrttten nottce to the Ctty prtor
to the cancellatton or termtnatton of, or matertal change to, any
of the tnsurance pohctes The apphcant assumes all
responstbthttes and habthttes, vested or conttngent, wtth relatton
to the temporary encroachment
March 6, 2001
Item V-I. 5. a.
- 26-
ORDINANCES/RESOL UTIONS ITEM # 4 7853 (Continued)
The Ctty, upon revocatton of such authortty and pertmsston so
granted, may remove the temporary encroachment and charge
the cost thereof to the apphcant and collect the cost tn any
manner provtded by law for the collection of local or state taxes,
may requtre the apphcant to remove such temporary
encroachment, and, pendtng such removal, the Ctty may charge
the apphcant for the use of such portton of the Ctty's rtght-of-way
encroached upon the eqmvalent of what would be the real
property tax upon the land so occupted tf tt were owned by the
apphcant, and tf such removal shall not be made wtthtn the ttme
spectfied by the Ctty, the Ctty shall tmpose a penalty tn the sum
of One Hundred Dollars ($I00 00) per day for each and every
day that such temporary encroachment ts allowed to conttnue
thereafter, and, shall collect such compensation and penalttes tn
any manner provtded by law for the collectton of local or state
taxes
Vottng 9-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr,
Barbara M Henley, Reba S McClanan, Robert C Mandtgo, dr, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson
Councd Members Vottng Nay
None
Counctl Members Absent
Louts R Jones and Vtce Mayor Wtlham D Sessoms, dr
March 6, 2001
I Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENTS
INTO A PORTION OF CAPE STORY
CANAL BY TIMOTHY CAHILL
AND SANDRA L. CAHILL, THEIR
HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE
WHEREAS, TIMOTHY CAHILL AND SANDRA L. CAHILL, husband and
wife, desire to construct and maintain 1 boat lift, 1 jet boat lift and 2 jet ski lifts into a
portion of Cape Story Canal located at the rear of Section 2, Lot 64, Cape Story Canal.
12
WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
07, Code of Virginia, 1950, as amended, to authorize a temporary encroachments upon the
14 City's right-of-way subject to such terms and conditions as Council may prescribe.
15
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
16 OF VIRGINIA BEACH, VIRGINIA:
17
That pursuant to the authority and to the extent thereof contained in §§ 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended TIMOTHY CAHILL AND
SANDRA L. CAHILL, husband and wife, their, assigns and successors in title is authorized
2 0 to construct and maintain a temporary encroachment for 1 boat lift, 1 jet boat lift and 2 jet
21 ski lifts into a portion Cape Story Canal as shown on the map entitled: "PROPOSED: ADD
22 1 BOAT LIFT, 1 JET BOAT LIFT AND 2 JET SKI LIFTS ALONG BULKHEAD IN:
23 CAPE STORY CANAL AT: 2101 EAST KENDALL CIRCLE VIRGINIA BEACH,
2 4 VIRGIN~ 23451 APPLICATION BY: TIMOTHY CAHILL SHEET 1 OF 3 DATE: MAY
25 30, 2000," a copy of which is on file in the Department of Public Works and to which
2 6 reference is made for a more particular description; and
27
BE IT FURTHER ORDAINED, that the temporary encroachments are
2 8 expressly subject to those terms, conditions and criteria contained in the Agreement between
29 the City of Virginia Beach and TIMOTHY CAHILL AND SANDRA L. CAHILL, (the
30 "Agreement") which is attached hereto and incorporated by reference; and
31
BE IT FURTHER ORDAINED that the City Manager or his authorized
32 designee is hereby authorized to execute the Agreement.
33
BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
34 such time as TIMOTHY CAHILL AND SANDRA L. CAHILL and the City Manager or his
35 authorized designee execute the Agreement.
36
Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th
37 day of March , 2001.
3 8 CA-~
39 R-I
4 0 PREPARED. December 11, 2000
APPI~QVED AS TO CONTENTS
SIGNATURE
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY<~A~D~OR?
CITY ~TTORNEY
LOCATION MAP
SCALE : 1" -- 1,600'
E. KENDALL CIR.
J?_ \ \
CANAL
CREEK -
/ /
/
v \
/
/
/
LOCATION
ENCROACHMENT AT
MAP FOR
2101 EAST KENDALL CIRCLE
SCALE: 1" : 100'
M.J.S/BRITT AGENDA. DGN PREPARED BY P/W ENG. DRAFT. 11-DEC-2000
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58.1-811(a)(3)
AND 58 1-811(c)(4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this
ls~'~__._..L[, day of D~.C~.MB~.R . ,
20 po, , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal
corporation, Grantor, "City", and TIMOTHY CAHILL AND SANDRA L. CAHILL,
husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE,
"Grantee", even though more than one.
Wi~TNESSETH'
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or
parcel of land designated and described as "SEC 2 · LOT 64 · CAPE HENRY
SHORES" and being further designated and described as "2101 East Kendall
Circle, Virginia Beach, Virginia 23451; and
That, WHEREAS, it is proposed by the Grantee to construct and
maintain a (1) boat lift, (1) jet boat lift and (2) jet ski lifts, "Temporary
Encroachment", in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of Cape
Story Canal located at rear of 2101 East Kendall Circle, "The Temporary
Encroachment Area"; and the Grantee has requested that the City permit a
Temporary Encroachment within The Encroachment Area.
GPIN 1499-79-8880
NOW, THEREFORE, for and in consideration of the premises and of
the benefits accruing or to accrue to the Grantee and for the further consideration
of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby
acknowledged, the City doth grant to the Grantee permission to use The
Encroachment Area for the purpose of constructing and maintaining the
Temporary Encroachment.
It is expressly understood and agreed that the Temporary
Encroachment will be constructed and maintained in accordance with the laws of
the Commonweai[h of Virginia and the City of Virginia Beach, and in accordance
with the City's specifications and approval and is more particularly described as
follows, to wit:
A Temporary Encroachment into The
Encroachment Area as shown on that
certain plat entitled: "PROPOSED:
ADD 1 BOAT LIFT, 1 .lET BOAT LIFT
AND 2 JET SKI LIFTS ALONG
BULKHEAD IN: CAPE STORY CANAL
AT: 2101 EAST KENDALL CIRCLE
VIRGINIA BEACH, VIRGINIA 23451
APPLICATION BY: TIMOTHY CAHILL
SHEET 1 OF 3 DATE: MAY 30, 2000",
a copy of which is attached hereto as
Exhibit "A" and to which reference is
made for a more particular description.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the
Grantee, and that within thirty (30) days after the notice is given, the Temporary
Encroachment must be removed from The Encroachment Area by the Grantee;
and that the Grantee will bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify and hold harmless the City, its agents and employees, from and against
ali claims, damages, losses and expenses including reasonable attorney's fees
in case it shall be necessary to file or defend an action arising out of the location
or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the maintenance and
construction of any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees
to maintain the Temporary Encroachment so as not to become unsightly or a
hazard.
It is further expressly understood and agreed that the Grantee must
obtain a permit from the Office of Development Services Center/Planning
Department pdor to commencing any construction within The Encroachment Area.
It is further expressly understood and agreed that the Grantee must
obtain and keep in force all-risk property insurance and general liability or such
insurance as is deemed necessary by the City, arid all insurance policies must
name the City as additional named ~nsured or loss payee, as applicable. The
Grantee also agrees to carry comprehensive general liability insurance in an
amount not less than $500,000.00, combined single limits of such insurance policy
or policies. The Grantee will provide endorsements providing at least thirty (30)
days written notice to the City prior to the cancellation or termination of, or
material change to, any of the insurance policies. The Grantee assumes all
responsibilities and liabilities, vested or contingent, with relation to the Temporary
Encroachment.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the
Temporary Encroachment and charge the cost thereof to the Grantee, and collect
the cost in any manner provided by law for the collection of local or state taxes;
may require the Grantee to remove the Temporary Encroachment; and pending
such removal, the City may charge the Grantee for the use of The Encroachment
Area, the equivalent of what would be the real property tax upon the land so
occupied if it were owned by the Grantee; and if such removal shall not be made
within the time ordered hereinabove by this Agreement, the City may impose a
penalty in the sum of One Hundred Dollars ($100.00) per day for each and every
day that the Temporary Encroachment is allowed to continue thereafter, and may
collect such compensation and penalties in any manner provided by law for the
collection of local or state taxes.
IN WITNESS WHEREOF, TIMOTHY AND SANDRA L. CAHILL, the
said Grantee has caused this Agreement to be executed by their signature and
seal duly affixed. Further, that the City of Virginia Beach has caused this
Agreement to be executed in its name and on its behalf by its City Manager and
its seal be hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
(SEAL)
ATTEST:
By
City Manager/Authorized
Designee of the City Manager
City Clerk
~/~~iM~.iy CAHILL
SANDRA L. C-AHILL /
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of , 20 , by
MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
,20 , by RUTH HODGES SMITH, City Clerk for the CITY
OF VIRGINIA BEACH.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY/COUNTY OF NORFOLK
, to-wit:
The foregoing instrument was acknowledged before me this 18?H
day of DECEMBER
.... , 20. 00, by TIMOTHY CAHILL.
Notary Public
My Commission Expires: APRIL 30, 2000
STATE OF V[RGINTA
CITY/COUNTY OF NORFOL[
· , to-wit:
The foregoing instrument was acknowledged before me this 18th
day of DECEMBER
,20 oo, by SANDRA L. CAHILL.
My Commission Expires:
APRIL 30, 2004
~r~_~n. o. -~Lz~..
Notary Public
APPROVED AS TO
LEGAL SUFFICIENCY
C..1/TY REAL ESTATE AGENT
Exhibit "A"
,~:~ $.k,¢,I k.:~'}'S AkO,k,q,'~ ,~Ut. Kr~,~'&~'.''
?a0~ ~ST KEND~L CIRCLE
tCA~ ~)N ~)-' TIMOTHY ~ILL
MAY 3~'}, 2~'0
2101 EAST KENDALL CIRCLE
2101 East Kendall Circle
:~".PROPOSED BOAT LIFT AREA
2101 EAST KENDALL CIRC]
PROPOSED JET SKI LIFT AR
Item V-I. 5. b.
-27-
ORDINANCES/RES OL UTIONS
ITEM # 4 7854
Upon motton by Council Lady Henley, seconded by Councdman Harrison, Ctty Council ADOPTED
Ordtnance to AUTHORIZE temporary encroachments
Jack W and Sandra S Archbelle to construct a dock and bulkhead tn the
unnamed Ctty owned lake adjacent to 5164 Overland Road (DISTRICT2 -
KEMPSVILLE)
The following con&ttons shall be reqmred
The temporary encroachment shall be constructed and
matntatned tn accordance wtth the laws of the Commonwealth of
Vtrgtnta and the City of Virginia Beach and tn accordance with
the Ctty's spectficattons and approval as to stze, ahgnment and
locatton
The temporary encroachment shall termtnate upon notice by the
Ctty to the apphcant and, wtthln thtrty (30) days after such
nottce ts given, the temporary encroachment must be removed
from the encroachment area by the apphcant and the apphcant
will bear all costs and expenses o£such removal
The apphcant shall tndemntfy and hold harmless the Ctty, tts
agents and employees from and agatnst all clatms, damages,
losses and expenses, including reasonable attorney's fees tn case
tt shall be necessary to file or defend an actton artstng out of the
locatton or extstence of the temporary encroachment
Nothtng heretn contatned shall be construed to enlarge the
permtsston and authortty to permtt the maintenance or
constructton of any encroachment other than that specified
heretn and to the hmtted extent spectfied heretn, nor to permtt
the matntenance and constructton of any encroachment by
anyone other than the apphcant
The apphcant must obtatn a permtt from the Office of
Development Servtces Center/PIanntng Department prtor to
commenctng any constructton wtthtn the encroachment area
6 The apphcant agrees to matntatn the temporary encroachment so
as not to become unstghtly or a hazard
The apphcant shall obtatn and keep tn force all rtsk property
tnsurance and general habthty or such tnsurance as ts deemed
necessary by the Ctty, and all tnsurance pohctes must name the
Ctty as addtttonal named tnsured or loss payee, as apphcable
The apphcant must also carry comprehenstve general habthty
tnsurance tn an amount not less than Ftve Hundred Thousand
Dollars ($500,000), combtned stogie hmtts of such insurance
pohcy or pohctes The apphcant must provtde endorsements
provtdtng at least thirty (30) days'wrttten nottce to the Ctty prtor
to the cancellatton or termtnatton of or matertal change to, any
of the tnsurance pohctes The apphcant assumes all
responstbthttes and habthttes, vested or conttngent, wtth relatton
to the temporary encroachment
March 6, 2001
Item V-I. 5. b.
- 28-
ORDIN/INCES/RESOL UTIONS ITEM # 4 7854 (Continued)
The Ctty, upon revocatton of such authortty and permtsston so
granted, may remove the temporary encroachment and charge
the cost thereof to the apphcant and collect the cost tn any
mannerprovtded by law for the collectton of local or state taxes,
may requtre the apphcant to remove such temporary
encroachment, and, pendtng such removal, the Ctty may charge
the apphcant for the use of such portton of the Ctty's lake
encroached upon the equtvalent of what would be the real
property tax upon the land so occupted tf tt were owned by the
apphcant, and if such removal shall not be made wtthtn the ttme
spectfied by the Ctty, the Ctty shall tmpose a penalty tn the sum
of One Hundred Dollars ($I00 00)per day for each and every
day that such temporary encroachment ts allowed to conttnue
thereafter, and, shall collect such compensation and penalttes tn
any manner provtded by law for the collectton of local or state
taxes
Vottng 9-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr,
Barbara M Henley, Reba S McClanan, Robert C Mandtgo, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Wilson
Councd Members Vottng Nay
None
Councd Members Absent
Louts R Jones and Vtce Mayor Wtlham D Sessoms, Jr
March 6, 2001
Requested by Department of Pubhc Works
2
3
4
5
6
7
8
9
lO
11
AN ORDINANCE TO AUTHORIZE A
TEMPORARY ENCROACHMENT
INTO A PORTION OF THE CITY'S
UNNAMED LAKE LOCATED
ADJACENT TO THAT PROPERTY
KNOWN AS 5164 OVERLAND ROAD
BY JACK W ARCHEBELLE AND
SANDRA S ARCHEBELLE, THEIR
HEIRS, ASSIGNS AND SUCCESSORS
IN TITLE
12
WHEREAS, JACK W ARCHEBELLE AND SANDRA S ARCHEBELLE,
13 desire to construct and maintain a dock and bulkhead in a C~ty owned unnamed lake adjacent
14 to the rear of their property located at 5164 Overland Road, Virginia Beach, Virginia 23462
15 (GPIN 1467-61-9516)
16
WHEREAS, City Council is authorized pursuant to §§ 15 2-2009 and 15 2-
17 2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachments Into Clty
owned property subject to such terms and conditions as Council may prescribe
19
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
2 0 OF VIRGINIA BEACH, VIRGINIA.
21
That pursuant to the authority and to the extent thereof contained ~n §§ 15 2-
22 2009 and 15 2-2107, Code of Virginia, 1950, as amended JACK 2 ARCHEBELLE and
2 3 SANDRA S ARCHEBELLE, their heirs, assigns and successors in title are authorized to
2 4 construct and maintain a temporary encroachment for a dock and bulkhead into the City's
2 5 unnamed lake as shown on the plat entitled "ENCROACHMENT REQUEST PROPOSED
2 6 MARGINAL WHARF FOR JACK W AND SANDRA S ARCHEBELLE, LOT 16 &
2 7 PARCEL 3, KEMPSVILLE HEIGHTS, SECTION 4, KEMPSVILLE DISTRICT, VIRGINIA
28 BEACH, VA(MB 108PG 39)DATE' OCTOBER 8, 2000," a copy ofwhlch ls on file ln
2 9 the Department of Public Works and to which reference ts made for a more partmular
3 0 description, and
31
BE IT FURTHER ORDAINED, that the temporary encroachment is expressly
3 2 subject to those terms, conditions and criteria contained in the Agreement between the Clty
33 of V~rg~ma Beach and Jack W Archebelle and Sandra S Archebelle (the "Agreement")
34 whmh ~s attached hereto and ~ncorporated by reference, and
35
BE IT FURTHER ORDAINED that the C~ty Manager or h~s authorized
5 6 designee ~s hereby authorized to execute the Agreement
37
BE IT FURTHER ORDAINED, that th~s Ordinance shall not be ~n effect until
such t~me as Jack W Archebelle and Sandra S Archebelle and the C~ty Manager or h~s
3 9 authorized designee execute the Agreement
4O
Adopted by the Council of the C~ty of V~rg~ma Beach, V~rg~ma, on the 6th
day of M~rch , 2001
42 CA- 7q~2'0~
4 B PREPARED LDH
APPROVED AS TO CONTENTS
~ SIGNATURE
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY~RM
CITY ATTORNEY
SITE.I
LOCATION MAP
SCALE : 1" -- 1,600'
i \
\ \
LOCATION
,.
LOCATION
MAP
PROPOSED DOCK AND BULKHEAD
ENCROACHMENTS INTO
CITY OWNED PROPER'fY-
UNNAMED CITY OWNED LAKE
ADJACENT TO
5164 OV[RLAND ROAD
FOR
JACK W. AND SANDRA S. ARCHEBELLE
SCALE: 1" = 100'
PREPARED BY P/W ENG. DRAFT. 13-FEB-20OI
UN-NAMED LAKE
N/F CITY OF VIRGINIA BEACH
14.67-62-9311
EXHIBIT "A"
PROPOS~ DOCX
ENCROACHES 6'
INTO CITY Or/NED
N/F LAURA GREEN
1467-61-8449
PROPOSED
8'X24.' DOCK
N 52.1Y30" E
100.0( 24'
REMOVE ALL
EXISTING WOOD DECKING
PROPOSED
JLKHEAD
W/ 10' RETURNS
PIN
PIN (F)
·
PIN (F)
~ EXIS~NG WOOD
~ BU~HEAD
· - . '~. e - ~ ;; ~ -.
'~ '-'t; ..... ; ,... ~,
~:. ~
, , 1 ~ORY
., ~ BRICK ~ ~AME
.,.., RESIDENCE
S 52'13'30" W 100.00'
(r)
(F)
PIN
TIEDOWNS
A-1 --- 4.3'
A-2 = 109'
B-1 = 98'
B-2 = 4-6'
N/F THELMA BYRD
1467-61-9682
OVERLAND ROAD (50' R/W)
2000 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED.
WATERFRON
CONSULTING,
1112 JENSEN DRIVE, # 206
VIRGINIA BEACH, VA 234-51
PHONE:. (757) 4-25-824-4.
FAX: (757) 4.25-824.4-
ENCROACHMENT REQUEST
PROPOSED MARGINAL WHARF
FOR
JACK W. ~3nd SANDRA S. ARCHEBELLE
LOT 16 &: PARCEL E, KEMPSVILLE HEIGHTS, SECTION 4-
KEMPSVILLE DISTRICT VIRGINIA BEACH, VA
(M.B. 108 PG. ,39) DATE: OCTOBER 8, 2000
PREPARED BY VIRGINIA BEACH
CITY ATI'ORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58 1-81 l(a)(3)
AND 58 l-Sl 1(c)(4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made th~s/_~ day of ,.To/~ c~ o,-y~ , 200 / , by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a mumc~pal corporation, Grantor, party of
the first part, and JACK W ARCHEBELLE AND SANDRA S ARCHEBELLE, HUSBAND AND
WIFE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, party ofthe second part
WITNESSETH
That, WHEREAS, the party of the second part is the owner of that certmn lot, tract,
or parcel of land designated and described as "Lot 16, and Parcel E, Kempsville Heights, Section
4" and being further designated and described as "5164 Overland Road, V~rglnia Beach, Virginia
23462 · GPIN 1467-61-9516" and
That, WHEREAS, ~t ~s proposed by the party of the second part to construct and
mmntmn a dock and bulkhead ~n the City of V~rgnma Beach, and
WHEREAS, ~n constructing and maintmmng such dock and bulkhead, it ~s
necessary that the said party of the second part encroach ~nto a pomon of an unnamed C~ty owned
lake adjacent to the rear of his property, and said party of the second part has requested that the
party of the first part grant a temporary encroachment to facilitate such dock and bulkhead within
a port~on of the City's unnamed lake
GPIN 1467-61-9516
NOW, THEREFORE, for and In consideration of the premises and of the benefits
accruing or to accrue to the party of the second part and for the further consideration of One Dollar
($1 00), in hand prod, to the smd party of the first part, receipt of whmh is hereby acknowledged,
the party of the first part doth grant to the party of the second part a temporary encroachment to use
a portion of the City's unnamed lake for the purpose of constructing and maintaining such dock and
bulkhead
It is expressly understood and agreed that such temporary encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of V~rglnia and the
C~ty of V~rglnla Beach, and in accordance w~th the Clty of Vlrg~ma Beach Pubhc Works
Department's specifications and approval as to size, ahgnment and location and is more particularly
described as follows, to wit
An area of temporary encroachment into a portion of the City's
unnamed lake as shown on that certain plat entitled
"ENCROACHMENT REQUEST, PROPOSED MARGINAL
WHARF FOR JACK W AND SANDRA S ARCHEBELLE, LOT
16 & PARCEL E, KEMPSVILLE DISTRICT, VIRGINIA
BEACH, VA (M B 108 PG 39 DATE' OCTOBER 8, 2000" a
copy of which ~s attached hereto as Exhibit "A" and to whmh
reference ~s made for a more particular description
It is further expressly understood and agreed that the temporary encroachment
herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the
second part, and that within thirty (30) days after such notice is given, such temporary encroachment
shall be removed from the C~ty's unnamed lake by the party of the second part, and that the party
of the second part shall bear all costs and expenses of such removal
It is further expressly understood and agreed that the party of the second part shall
lndemnl~ and hold harmless the Clty of V~rgima Beach, its agents and employees, from and against
all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be
necessary to file or defend an action arising out of the location or existence of such temporary
encroachment
It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge such permission and authority to permit the maintenance or construction of any
encroachment other than that specified here~n and to the limited extent specified herein, nor to
permit the maintenance and construction of any encroachment by anyone other than the party of the
second part
It IS further expressly understood and agreed that the party of the second part agrees
to maintain said temporary encroachment so as not to become unsightly or a hazard
It is further expressly understood and agreed that the party of the second part must
obtain a permit from the Development Services Center prior to commencing any construction w~thln
the City's lake
It is further expressly understood and agreed that the party of the second part shall
obtain and keep in force All Risk Property Insurance and General Llablhty or such insurance as is
deemed necessary by the party of the first part, and all insurance pohcles must name the party of the
first part as addittonal named insured or loss payee, as applicable The party of the second part also
agrees to carry Comprehensive General Liability Insurance ~n an amount not less than $500,000 00,
combined single limits of such insurance pohcy or policies The party of the second part will
provide endorsements providing at least thirty (30) days written notice to the party of the first part
prior to the cancellation or termination of, or material change to, any of the ~nsurance pohcies The
party of the second part assumes all responsibilities and habflitles, vested or contingent, w~th
relation to the temporary encroachment
It is further expressly understood and agreed that the party of the first part, upon
revocation of such authority and perm~ssion so granted, may remove any such temporary
encroachment and charge the cost thereof to the party of the second part, and collect the
cost in any manner provided by law for the collection of local or state taxes, may reqmre the party
of the second part to remove such temporary encroachment, and pending such removal, the party
of the first part may charge the party of the second part compensation for the use of such portion of
the City's lake encroached upon the eqmvalent of what would be the real property tax upon the land
so occupied if it were owned by the party of the second part, and ~f such removal shall not be made
w~thin the time ordered here~nabove by th~s Agreement, the City shall impose a penalty ~n the sum
of One Hundred Dollars ($100 00) per day for each and every day that such temporary encroachment
IS allowed to continue thereafter, and shall collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes
IN WITNESS WHEREOF, Jack W Archebelle and Sandra S Archebelle, the said
party of the second part has caused this Agreement to be executed by his signature and seal duly
affixed Further, that the City of V~rginia Beach has caused this Agreement to be executed in its
name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City
Clerk
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST
City Clerk
D£PARTM[t~I
Jack W Archebelle
Sandra S Arcl~ebelle
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit
The foregoing instrument was acknowledged before me this day of
2001, by
., CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY
MANAGER.
My Commission Expires
Notary Pubhc
APPROVED/': ,,
LEGALSUi':FK "
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-w~t
The foregoing instrument was acknowledged before me this day of
2001, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH.
My Commission Expires
Notary Pubhc
STATE OF [.l~cc~ ,r~ ~c,-.
CiTY/COUNTY~OF ~,1:~,
, to-w~t
The foregoing instrument was acknowledged before me th~s II'q. day
2001, by Jack W. Archebelle.
Notary Public
My Commission Expires.
STATE OF i/, re\, III t,
CITY/coUNTY'OF ~':l
[;'~ca ~ [~ , to-w~t
The foregoing instrument was acknowledged before me this il *~-day of .~r,u;~q
2001, by Sandra S Archebelle
My Commission Expires'
MY COM!,~'5~',O,~i F;~21;~E£ DLCE;V['£R 31, 2501
- 29-
Item V-I. 6.
ORDINANCES/RES OL UTIONS
ITEM # 4 7855
Upon motion by Counctl Lady Henley, seconded by Counctlman Harrison, Ctty Counctl DEFERRED to
the City Council Session of March 13, 2001:
Ordtnance to APPROPRIATE $631,983 from the fund balance tn the
Tourtsm Advertising Program to the FY 2000-01 operattng budget of the
Department of Conventton and Vtsttor Development re expanding the
Ctty's Tourism Advertising Program and provtde tmmedtate access to
funds tn case of emergenctes
Vottng 9-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, 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 Absent
Louts R Jones and Vtce Mayor Wtlham D Sessoms, Jr
March 6, 2001
- 30-
Item V-I. 7.
ORDINANCES/RESOL UTIONS
ITEM # 4 7856
Upon motton by Counctl Lady Henley, seconded by Counctlman Harrtson, Ctty Counctl ADOPTED:
Or&nance to TRANSFER $137,659 from the General Fund Reserve for
Conttngenctes to the FY 2000-01 operattng budget of the office of the
General Regtstrar re the cost of unanttctpated special and primary
elections
December 19, 2000 $39, 775
January 9, 2001 $19,634
June 12, 2001 $78,250
Vottng 9-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Vgtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Louts R Jones and Vtce Mayor Wtlham D Sessoms, Jr
March 6, 2001
AN ORDINANCE TO TRANSFER $137,659 FROM THE
GENEP~AL FUND RESERVE FOR CONTINGENCIES TO THE
FY 2000-01 OPERATING BUDGET OF THE OFFICE OF
THE GENERAL REGISTRAR TO COVER THE COST OF
UNANTICIPATED SPECIAL AND PRIMARY ELECTIONS
WHEREAS, two special elections were called, one on
7 December 19, 2000 for the 7th State Senate District, and the other
8 on January 9, 2001 for the 21st House of Delegates District, and
9 a state-wide Democratic Party primary election will be held on June
10 12, 2001; and
11
WHEREAS, the total cost of $137,659 for all three
12 elections was not included in the FY 2000-01 Operating Budget of
13 the General Registrar.
14
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
15 OF VIRGINIA BEACH, VIRGINIA:
16
That $137,659 is hereby transferred from the General Fund
17 Reserve for Contingencies to the FY 2000-01 Operating Budget of the
18 Office of the General Registrar to cover the cost of unanticipated
19 special and primary elections.
20
Adopted by the Council of the City of Virginia Beach,
21 Virginia, on the 6th day of March
, 2001.
CA-8027
data~aty\ordin~noncode\Special Elections.Ord
February 27, 2001
R2
Approved as to Content: Approved as to Legal
Sufficiency:
Mana~ment Serv~ces~~'C~ty A~torney's Office
Item l/-I.&
- 31 -
ORDINANCES/RES OL UTIONS
ITEM # 47857
Upon motton by Counctl Lady Henley, seconded by Counctlman Harrtson, City Counctl ADOPTED:
Resolutton re Vtrgtnta Department of Transportatton (VDOT) to add lane
miles of local and collector streets ehgtble for urban mamtenance, effective
July 1, 2001, and, tncrease apphcable revenue of $62,637 78 per year
Vottng 9-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson
Counctl Members Voting Nay
None
Counctl Members Absent
Louts R Jones and Vtce Mayor Wtlham D Sessoms, Jr
March 6, 2001
A RESOLUTION REQUESTING THE
VIRGINIA DEPARTMENT OF
TRANSPORTATION TO ACCEPT
ADDITIONAL STREETS FOR URBAN
MAINTENANCE PAYMENTS
WHEREAS, the Virginia Department of Transportation requires a Council
resolution prior to accepting additional streets for urban maintenance payments;
WHEREAS, the streets listed on Exhibit A (attached) have been constructed in
accordance with standards established by the Virginia Department of Transportation;
WHEREAS, the City of Virginia Beach has accepted and agreed to maintain these
streets;and
WHEREAS, a representative from the Virginia Department of Transportation has
inspected and approved these streets.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby requests the Virginia Department of Transportation to
accept the streets listed on Exhibit A which is attached hereto and incorporated by reference, and
to begin paying urban maintenance payments to the City of Virginia Beach based on the
established rate.
6th
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of March ,2001.
Approved as to Content:
Public Wo[ks
Approved as to Legal Sufficiency
City Attorney
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Item V-I. 9.
- 32 -
ORDINANCES/RES OL UTIONS
ITEM # 4 7858
Upon motton by Counctl Lady Henley, seconded by Counctlman Harrtson, City Counctl ADOPTED:
Resolutton destgnattng certatn properttes (as hsted tn the documenO a
Revitalization Area for the purpose of the VHDA Tax Allocatton Plan wtth
the Vtrgtnta Beach Communtty Development Corporatton (VBCDC)
Votmg 9-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham 14' Harrtson, dr,
Barbara M Henley, 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 Absent
Louts R Jones and Vtce Mayor Wtlham D Sessoms, dr
March 6, 2001
A RESOLUTION DESIGNATING CERTAIN
PROPERTIES AS A REVITALIZATION AREA
WHEREAS, City Council supports the Virginia Beach Community Development
2 Corporation's efforts to provide decent and affordable housing;
WHEREAS, City Council has ldentffied certain properties as a "Revitalization Area;"
WHEREAS, City Council has identified these same properties as being part ora "Concerted
5 Community Revitalization Plan;" and
WHEREAS, the properties so identified are as follows:
5820 West Hastings Arch
3225 Turtle Rock Drive
3614 Sylvan Lane
604 Cedar Spnngs Court
1090 Old Clubhouse Road
5526 Baccalaureate Drive
10
3325 Boynton Court
3511 Mountain Drive
11
5609 Fanshaw Court
1608 Fairfax Drive
12
3316 Scarborough Way
4544 Marlwood Drive
13
5211 Pdchard Road
721 Spence Circle
14
5845 East Hastings Arch
791 Whitehurst Landing
15 1403 Doe Court
704 Kennesaw Court
16
6440 Dillard Place
3668 Sylvan Lane
17
5659 Dodlngton Court
1765 Aquamanne
18
5613 Colter Court
3911 Buchanan Drive
19
1345 Green Cedar Lane
5220 Settlers Park Drive
20
801 Graduate Court
1408 Wendfield #105
21
101 Majestic Circle
22
787 Spence Circle
23
1646 Fairfax Drive
24 4711 Sweetwood Court
25
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
26 VIRGINIA BEACH'
27
That C~ty Council hereby demgnates the above-referenced properties as being part of a
28 Concerted Community Revitahzation Plan and a Revitalization Area.
29
Adopted by the City Council of the City of V~rg~ma Beach, Virginia th~s 6th day of
30 March ,2001.
CA-8022
data\aty\ordlnLnoncode\vbcdctaxcredlt.res.wpd
February 26, 2001
APPROVED AS TO CONTENT'
HorSing and Ne~l~orhoo~Pres~rvatlon
APPROVED AS TO LEGAL
SUFFICIENCY'
C~ty Attomey's Office
- 33 -
Item V-I. IO.
ORDINANCES/RES OL UTIONS
ITEM # 4 7859
Upon motton by Counctl Lady Henley, seconded by Counctlman Harrtson, Ctty Council ADOPTED:
Resolutton dtrecttng the Planntng Commtsston constder potenttal
Amendments to the Ctty Zontng Ordmance (CZO) re piers tn residential
zoning districts
Votmg 9-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf Nancy K Parker and Rosemary Wdson
Council Members Vottng Nay
None
Counctl Members Absent
Louts R Jones and Vtce Mayor Wtlham D Sessoms, Jr
March 6, 2001
1 REQUESTED BY COUNCILMAN WILLIAM W. HARRISON, JR.
A RESOLUTION DIRECTING THE PLANNING COMMISSION
TO CONSIDER POTENTIAL AMENDMENTS TO THE CITY
ZONING ORDINANCE PERTAINING TO PIERS
WHEREAS, under current regulations set forth in Section 501
6 (b) of the City Zoning Ordinance, piers are deemed to be accessory
7 uses in Residential Zoning Districts, such that their construction
8 does not require the approval of the City Council; and
WHEREAS, it is the sense of the City Council that the public
10 necessity, convenience, general welfare and good zoning practice
11 require that the aforesaid regulations be reviewed;
12
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
13 VIRGINIA BEACH, VIRGINIA:
14
That the Planning Commission is hereby directed to study the
15 existing regulation of piers as accessory uses in Residential
16 Zoning Districts, to determine if amendments to the City Zoning
17 Ordinance pertaining to piers may be necessary, and to report
18 thereupon to the City Council within ninety (90) days from the date
19 of this Resolution.
2O
Adopted by the City Council of the City of Virginia Beach,
21 Virginia, on the 6th day of March
, 2001.
22 CA-8042
23 wmm~ordres~pierres, wpd
24 R-2
25 March 1, 2001
APPROVE/D AS TO CONTENT
APPROVED AS TO LEGAL /~
SUFFICIENCY
Department of Law
- 34-
Item V-I. 11.
ORDINANCES/RES OL UTIONS
ITEM # 4 7860
Upon motton by Council Lady Henley, seconded by Counctlman Harrtson, Ctty Council ADOPTED:
REFUNDS:
City Treasurer Tax Refunds: $ 7,640.31
Commissioner of Revenue Refunds:
License: $ 230,622. 71
Meal Tax: $ 2,313.19
Admissions $ 434. 61
Vottng 9-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham Vg Harrison, dr,
Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Vgtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Louts R Jones and Vtce Mayor Wtlham D Sessoms, Jr
March 6, 2001
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following apphcatlons for tax refunds upon cemflcanon of the Treasurer are hereby approved
Tax Type Ticket Exoneration Date
NAME Year of Tax Number Number Paid Penalty Int.
Total
Bukowskl, Michael R & Sharon 2001
Doddman Robert S 2001
Fnerson, Robert N 2001
Les Orleans Development LLC 1998
Les Orleans Development LLC 1998
Les Orleans Development LLC 1998
Les Orleans Development LLC 1999
Les Orleans Development LLC 1999
Les Orleans Development LLC 2000
I, es Orleans Development LLC 2000
Ranco Road Assocmtes LC 2001
SllI1S, Wendy Janet-Ann Leltch 2000
Sharpnack, Thomas 2001
Southgate Centre LLC 2001
Teague, Kathenne E 2001
Wong, Robert GBD & Ann S 2001
Rayson, Lorl A 1997
Hare, Wflham C 2001
Wilson, Judy 2001
TOTAL:
RE(l/2) 01-017102-0 12/01/00
RE(l/2) 01-033880-5 EA 11/15/00
RE(l/2) 01-043982-1 EA 11/30/00
RE(l/2) 98-071883-6 EA 11/25/97
RE(2/2) 98-071883-6 EA 05/27/98
RE(2/2) 98-137549-1 EA 05/27/98
RE(l/2) 99-072803-0 EA 11/24/98
RE(2~2) 99-072803-0 EA 05/24/99
RE(l/2) 00-073623-4 EA 11/22/99
RE(2/2) 00-073623-4 EA 05/23/00
RE(1/2) 01-102931-7 EA 12/05/00
RE(2/2) 00-114655-7 EA 05/03/00
RE(l/2) 01-113978-8 EA 12/05/00
RE(l/2) 01-118898-4 EA 12/05/00
RE(l/2) 01-124497-7 EA 11/24/00
RE(l/2) 01-138646-7 EA 10/26/00
PP(1/2) 97-01189094-1 EA 02/09/01
AL 15048 11/30/00
AL 23444 02/12/01
49 11
165 21
13 47
23 83
23 83
45 87
492 35
492 35
492 34
492 34
3166 60
70 15
274 50
1636 30
67 82
111 14
11 10
2 00
10 00
7,640.31
This ordinance shall be effective from date of adoption
The above abatement(s) totaling
$7 t 640.31 were approved by
~he Council of the City of Virginia Beach
on the 61:;h day of March, 2001
Ruth Hodges Smith
C~ty Clerk
J~oh~ A~'kin's~o n, ~l~easurer
ApprOved as to form
~---~esll~Lflley, City Attorney
FORM NO CA 8REV ~88
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA.
That the following applications for license refunds, upon cerbfication
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
AMERICAN INDUSTRIAL CORP
BONEY WILSON & SONS INC
LANDAIR COMMUNICATION CORP
MID ATLANTIC DIVE CENTER INC
NATIONSBANC MORTGAGE CORP
PARR R SCOTT
PRECISION GENERATORS CO INC
PRESTIGE AUTO BROKERS INC
REGAL CINEMAS INC
SANDBRIDGE PROPERTIES
SECURITY PLUMBING INC
SMITH TOM C
TEAGUE REGINALD B
TIDEWATER PRESSURE WASHING LLC
TOM CONKLIN SEAMLESS GUTTERS
VENCOR HOSPITALS EAST INC
VIRGINIA CELLULAR RETAIL LTD
2001 01/23/01 35 52 0 00 35 52
01/24/01 AUDIT 77,668 58 5,560 98 83,229 56
01/26/01 AUDI,T 474 00 96 80 570 80
01/19/01 AUDIT 227 66 37 97 265 63
01/26/01 AUDIT 10,440 88 2,174 61 12,615 49
01/26/01 AUDIT 155 41 16 98 172 39
01/25/01 AUDIT 41 10 33 28 74 38
01/19/01 AUDIT 334 47 110 59 445 06
01/23/01 AUDIT 4,662 00 0 00 4,662 00
01/23/01 AUDIT 226 48 20 75 247 23
01/18/01 AUDIT 34 31 9 38 43 69
01/22/01 AUDIT 54 15 18 90 73 05
01/23/01 AUDIT 21 49 1 44 22 93
01/23/00 AUDIT 19 86 0 00 19 86
01/22/01 AUDIT 59 11 19 64 78 75
2001 01/24/01 89 62 0 00 89 62
01/16/01 AUDIT 281 84 53 46 335 30
Certified a~,to
C~rn'mi~ioner bf-thERevenue
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling
City of Virginia Beach on the
102,981,26 were approved by the Council of the
01
6th day of march ,20
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following apphcabons for hcense refunds, upon cerbflcat~on
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
CHESAPEAKE BAY CARDIOLOGY PC
E C INDUSTRIES INC
KlM TOK CHA
MARRIOT SENIOR LIVING SERVICE
PARTY CITY CORPORATION
PLATINUM ROTISSERIE LLC
SINCLAIR PRATT CAMERON PC
VIRGINIA BEACH RES & CONF HOTEL
12/27/00 AUDIT 28 08 5 94 34 02
12/26/00 AUDIT 751 75 61 81 813 56
12/27/00 AUDIT 3 79 1 01 4 80
12/19/00 AUDIT 406 84 77 07 483 91
12/27/00 AUDIT 184 50 0 00 184 50
12/19/00 AUDIT 2,786 31 36864 3,154 95
12/27/00 AUDIT 377 26 10934 486 60
11/14/00 AUDIT 114,406 17 0 00 114,406 17
Th~s ordinance shall be effecbve from date of
adopbon
The above abatement(s) totaling
C~ty of V~rg~n~a Beach on the
/"~ty ~iorney's Office
119,568 51 were approved by the Council of the
6th March O1
day of ,20
Ruth Hodges Smith
C~ty Clerk
I
FOR~ NO CA 8REV 386
NAME
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commlss,oner of the Revenue are hereby approved
LICENSE DATE
YEAR PAID
BASE INTEREST TOTAL
ALSTON WILLIAM L & VICTORIA B
ARRINGTON JAMES STEPHEN
BENNETTE PAINT MFG CO INC
COl INC
CONSOLVO MARKOWlTZ AND WEBB PLC
CURREY ROBERT M
GRAND BAY ENTERTAINMENT INC
HAMPTON ROADS FINANCE COMPANY
HELPING HANDS OF VIRGINIA INC
LYNNHAVEN DIVE CENTER LLC
MAGGIES ENTERPRISES INC
MAJOR MOBILE HOMES INC
MILITARY CIRCLE PET CENTER 94
MORTON G THALHIMER INC
PALMER JOSEPH C SR
REAL ESTATE INFORMATION NETWORK INC
REYES ANGEL DANIEL
RITTER JAMES P
RONJOY INC
RYDER TRS INC
TIDEWATER ELEC~'RIC MOTOR CO
TIGNOR MATTHEW M MD
TORRES ALFONSO
VIRGINIA BEACH MANAGEMENT INC
VIRGINIA CAPITAL MANAGEMENT GROUP
WEISS HOWARD S
02/02/01 AUDIT 30 00 I 00 31 00
2001 02/02/01 40 00 0 00 40 00
02/01/01 AUDIT 431 47 0 00 431 47
01/30/01 AUDIT 28 50 0 00 28 50
2001 02/09/00 50 00 0 00 50 00
2001 12/20/00 10 00 0 00 10 00
2001 01/29/01 10 00 0 00 10 00
2001 02/12/01 50 00 0 00 50 00
02/02/01 AUDIT 66 45 12 83 79 28
02/06/01 AUDIT 214 21 0 00 214 21
12/11/00 AUDIT 100 46 8 81 109 27
01/29/01 AUDIT 101 00 17 53 118 53
02/06/01 AUDIT 209 83 36 50 246 33
02/06/01 AUDIT 2,549 06 0 00 2,549 06
2001 02/01/01 10 83 0 00 10 83
02/06/01 AUDIT 85 59 22 08 107 67
2000 01/31/01 5 42 0 00 5 42
01/31/01 AUDIT 22 17 2 03 24 20
01/31/01 AUDIT 75 78 13 10 88 88
12/28/00 AUDIT 538 81 16 35 555 16
02/01/01 AUDIT 961 68 96 13 1,057 81
02/05/01 AUDIT 113 45 32 13 145 58
2000 03/03/00 1,040 00 0 00 1,040 00
01/31/01 AUDIT 428 30 87 01 515 31
02/07/01 AUDIT 11 83 3 15 14 98
01/30/01 AUDIT 535 50 3 95 539 45
' Com~ss~efnC~'l~e Revenue
-'"~ity A~or'ney's Office
This ordinance shall be effecbve from date of
adopbon.
The above abatement(s) totaling
City of Virginia Beach on the
8,072.94 were approved by the Council of the
6th day of March ,2001
Ruth Hodges Smith
City Clerk
FORM HO C A. 8 REV ~
AN ORDINANCE AUTHORIZING MEALS TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following applications for meals tax refunds, upon cert,fication
of the Commissioner of the Revenue are hereby approved'
NAME MEALS TAX DATE BASE INTEREST TOTAL
YEAR PAID
KYRUS ENTERPRISES
RODRIGUEZ INCORPORATED
1999 AUDIT 1.993 55 1.993 55
1997-1999 AUDIT 319 64 319 64
This ordinance shall be effective from date of
adoption
The above abatement(s) totaling
City of Virginia Beach on the
$2,313.19
6th
Ced,fled ~ast~ pa~
Commmsioner of the Revenue
City Attorney
were approved by the Council of the
day of March ,20 01
Ruth Hodges Smith
City Clerk
FO~M NO CA. ~REV ~
AN ORDINANCE AUTHORIZING ADMISSIONS TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for admissions tax refunds, upon certification
of the Commissioner of the Revenue are hereby approved'
NAME ADMISSIONS TAX DATE BASE INTEREST TOTAL
YEAR PAID
THE HURRAH PLAYERS INC
1997-1999 AUDIT 434 61 434 61
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling
City of Virginia Beach on the
$434.61
6th
were approved by the
March
day of
Philip J KelVin'-'"
Commissioner of the Revenue
City Attorney
Council of the
01
,20
Ruth Hodges Smith
City Clerk
- 35 -
Item V-J. 1.
APPOINTMENTS
ITEM # ,17861
B Y CONSENSUS, City Councd DEFERRED to the Cay Councd Sesston of March 13, 2001
COMMUNITY SER VICES BOARD (CSB)
FRANCIS LAND HOUSE BOARD OF GOVERNORS
THE PLANNING COUNCIL
VIRGINIA BEACH HEAL TH SER VICES AD VISOR Y BOARD
March 6, 2001
- 36-
ITEM # 4 7862
Mayor Oberndorf entertatned a motton to permtt Ctty Counctl to conduct tts CLOSED SESSION, pursuant
to Section 2 1-344(A), Code of Vtrgtnta, as amended, for the followtng purpose
LEGAL MATTERS Consultation with legal counsel or brtefings by staff
members, consultants, or attorneys pertatntng to actual or probable
httgatton, or other specific legal matters requtrtng the provtston of legal
advtce by counsel pursuant to Sectton 2 1-344(A)(7)
To- Wtt Sportsplex
Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Parker, Ctty Counctl voted to proceed
tnto CLOSED SESSION (3:28 P.M.), after whtch to adjourn
Vottng 9-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, IIL Margaret L Eure, Ivtlham IV Harrtson, Jr,
Barbara M Henley, Reba S McClanan, Robert C Man&go, dr, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Ivtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Louts R clones and Vtce Mayor Ivtlham D Sessoms, dr
(Time of Closed Session: 3:28 P.M. to 4:15 P.M.)
March 6, 2001
-37-
CER TIFIC.4 TION OF
CLOSED SESSION
ITEM # 4 7555
The Formal Sesston was RECONVENED tn the tn the Counctl Conference Room, Ctty Hall Bmldtng, on
Tuesday, March 6, 2001, at 4 15 P M
Upon motton by Counctl Lady Parker, seconded by Counctlman Branch, Ctty Counctl CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc bustness matters lawfully exempted from Open Meettng
requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch
this certtficatton resolutton apphes,
AND,
Only such pubhc bustness matters as were tdenttfied tn the motton
convenmg the Closed Sesston were heard, dtscussed or constdered by
Vtrgtnta Beach Ctty Council
Voting 7-0'
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Reba $
McClanan, Robert C Man&go, Jr, Nancy K Parker and Rosemary
Wtlson
Counctl Members gottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf Vtce Mayor Wtlham D Sessoms and Wtlham
W Harrtson, Jr and Louts R Jones
Mayor Oberndorf became tll and left at 4 05 P M
Councilman Harrison left at 3 50 P M
*Verbal Vote
March 6, 2001
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS. The V~rg~nla Beach C~ty Councd convened ~nto CLOSED SESSION,
pursuant to the affirmative vote recorded ~n ITEM it 47862, page 36, and ~n accordance w~th the
prows~ons of The Virginia Freedom of Information Act, and,
WHEREAS: Section 2.1-344. of the Code of V~rg~ma reqmres a certification by the
govermng body that such Closed Session was conducted ~n conformity w~th V~rg~ma law
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only pubhc business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution apphes; and, (b) only such pubhc bus~ness matters as were
identified in the motion convening this Closed Session were heard, d~scussed or considered by
Vlrglma Beach C~ty Council.
t~uth Hodges Smith, MMC
C~ty Clerk
March 6, 2001
- 38-
Item V-M. 1.
ADJOURNMENT
ITEM # 4 7556
BY CONSENSUS, Ctty Counctl ADJOURNED at 4:18 P.M.
Beverly 0 Hooks, CMC
Chtef Deputy Ctty Clerk
Czty Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrgtnta Beach
Vtrgtnta
March 6, 2001
CHARTER SIGNING CEREMONY
TUESDA Y, 6 MARCH 2001
10:00 am
Virginia Beach City Council Chamber
INVOCATION
Dr. Dwight Christenbury
First Presbyterian Church
WELCOME TO VIRGINIA BEA CH
Mayor Meyera E. Oberndorf
RESPONSE
Mayor Alan Chambers
INTRODUCTION OF VIRGINIA BEA CH CITY COUNCIL
Mayor Meyera E. Oberndorf
INTRODUCTION OF BANGOR MA YORAL DELEGATION
Mayor Alan Chambers
HISTORY OF VIRGINIA BEA CH/BANGOR TWINNING
GREETINGS FROM SISTER CITIES INTERNATIONAL
Tim Honey, SCI Executive Director
OFFICIAL CHARTER SIGNING
Mayor Meyera E. Oberndorf
Mayor Alan Chambers
BENEDICTION
Father James Dorson
Star of the Sea Catholic Church
STEPPING STONES
NORTH DOWN, NORTHERN IRELAND
to
VIRGINIA BEACH, VIRGINIA
CHARTER SIGNING
6 MARCH 2001
This historical event began more than six years ago when the North Down Borough Council sought to
develop a link with North America through the Sister Cities International program and the Council
selected their representatives who would attend their first SCI conference as delineated below:
1995
North Down Borough Council delegation - - Alderman Leslie
Cree, Councillor Marsden FitzSimons and Chief Executive
Adrian McDowell - - attended their first SCI conference in
Indianapolis, Indiana
1996
North Down Borough's Chief Executive, Adrian McDowell,
arranged for the second SCI annual conference and attended with
Alderman Leslie Cree, his wife, Councillor Irene Cree and
Councillor Marsden FitzSimons in Boston, Massachusetts.
SCI held an Irish Symposium during the conference.
1997
SCI annual conference in San Diego, California, was attended
by Mayor Ruby Cooling, Alderman Cree, his wife, Councillor
Irene Cree and Chief Executive McDowell ... in a report
to the Borough Council on June 24, 1997, under the heading
of Sister Cities International, it was stated:
"the Sister City relationship was needed to be seen as an integral
part of an over arching approach to economic development in the Borough...
a. to identify and generate business-to.business opportunities
for the Borough
b. to support heritage, tourism, culture and social relationships
c. to encourage academic exchange and improve mutual understanding
through the creation of a ["Sister City"] relationship
d. to develop and encourage civic links
Henry Cole, Council Member, Indianapolis, and SCI Vice President, visited
with Chief Executive Adrian McDowell in 1997 to say Bangor would take
a key position in the forth coming Mayoral delegation to travel to Northern
Ireland and to seek advice for the selection of a host Mayor to be from a city
with which North Down would like to consider twining. SCI suggested
Virginia Beach, Virginia, for their similarities.
In October, 1997, Meyera E. Oberndorf, Mayor of the City of Virginia Beach,
Virginia, was the Host of the "Trans-Atlantic Mayoral Business and Friendship"
delegation selected by SCI from Mayors all over the United States to visit Northern
Ireland. At a meeting in the Borough of North Down, Mayor Oberndorf was quoted
as saying: "If l had a dance card, I would like it filled by people from Bangor".
Mayor Oberndorf was the first Mayor from the United States to be received by the Borough Council.
-2-
1998
1999
2000
2001
In February, Mayor Oberndorf was invited to speak at the House of Commons in
London, England. While there, she and Roger made a personal visit to North Down.
The Borough Council representative delegation to SCI in Miami, Florida, were:
Mayor Marsden FitzSimons, Councillor Alan Chambers and the Chief Executive,
Adrian McDoweiL
The Borough Council agreed: '~hat the relationship with Virginia Beach be
pursued to enable a formal Sister City link to be made following the mandatory
"courtship" period.
In March 1999, Chief Executive Adrian McDowell, Alderman Leslie Cree,
Councillor Alan Chambers and Mayor Marsden FitzSimons visited the City
of Virginia Beach to make the initial contact with the Mayor and a number
of schools.
The Borough Council representatives: Mayor Marion Smith and her husband,
Stanley; Alderman Leslie Cree, Councillor Alan Chambers and Chief Executive
Trevor Polley - - went to SCI in North Little Rock Arkansas where Mayor Meyera
Oberndorf hosted dinner and a "Friendship Agreement" was signed by Mayor
Oberndorf and Mayor Smith.
Following the SCI conference in Little Rock, Chief Executive Trevor Polley and his
family vacationed in Virginia Beach. Chief Executive Polley attended the Virginia
Beach Council Session and was presented the original document declaring the
"Friendship Agreement" with Virginia Beach by Mayor Oberndorf.
During the Summer, residents of North Down - - Architect John Guillvary and his
wife, Norma, with their traveling friends, Gifford and Elizabeth McConkey - -
extended their vacation to visit Virginia Beach. Architect Guillvary designed the
Aquarium in Osaka, Japan, which is similar to the one proposed for the Virginia
Marine Science Museum in Virginia Beach.
A "twining" of schools has occurred with Arrowhead Elementary School and
St. Malachy's and Towerview in Bangor as well as between Kempsville
Middle School and Priory College in Hollywood. Pen Pals have been busy
exchanging cultures, educational notes and personal traits.
Virginia Beach City Clerk, Ruth Hodges Smith, visited the Borough of North Down
in January. Other Virginia Beach representatives to North Down were:
Tourism Director Ron Kuhlman; Fire Chief Greg Cade and his daughter
Fire Division Chief Melvin Mathias Police Lieutenant Michael Glendon
Tom Porter, President of the Virginia Beach Irish Community
A committee, better known as '~he Sister City Working Group" was formed and
North Down Borough Council's Senior Administrative O~tcer, James Kilpatrick,
who has the responsibility for international relationships, was named Co-ordinator.
Virginia Beach City Council affirmed their approval for a third "Sister City"
relationship with North Down, Northern Ireland, and invited the Borough
Council to visit Virginia Beach for the signing.
March 6, 2001, was established as the date for the
signing of the charter in Virginia Beach.
WHEREAS: The North Down Borough Council sought to join President Eisenhower's creative "People-to-People"
program designed to foster better world-wide relationships. The Council agreed to attend the annual conference of Sister
Cities International in Indianapolis in 1995. Alderman Leslie Cree, Councillor Marsden FitzSimons and Chief Executive
Adrian McDowell made thelr flrstjourney to Am erica. They came as strangers and left with many new friendships. Because
other Councils in Northern Ireland were Interested in the program, Sister Cities International hosted an Irish Symposium
for the 1996 Conference in Boston. Then Northern Ireland's Minister of Economy, Baroness Denton, agreed to be one of
the keynote speakers. This, too, was a great success;
WHEREAS: In 1997, SCI Vice President, Henry Cole, also a member of the Indianapolis City Council and one of
the "new friends" of the North Down Borough Council, was selecting Mayors from all over the United States to join an SCI
sponsored Mayoral visit to Ireland. Knowhtg of North Down's interest, he visited Chief Executive Adrian McDowell and
sensed the energy, enthusiasm and commitment to economic development, tourism and other cultural exchanges. SCI
headquarters determined Virginia Beach to be a good match; and, therefore, selected the Mayor of Virginia Beach, Meyera
E. Oberndorf, to host the Mayoral delegation to Ireland in October of that year. The seed was planted and from that has
grown more enthusiasm, greater energy, and a sincere commitment from both the Councils of North Down and Virginia
Beach. Various exchange visits have strengthened the cultural attd economic exchanges. Educational exchanges have joined
Arrowhead Elementary School and Kempsville Middle School in Virginia Beach with St. Malachy's and Towerview in
Bangor as well as Priory College in Holywood;
WHEREAS: The governing body of the City of Virginia Beach voted unanimously to approve this union and
extended the invitation to the North Down Borough to schedule the chartering of this "Sister City" relationship; and,
WHEREAS: The governing body of the North Down Borough Council subsequently agreed to the union attd
accepted the City of Virginia Beach's invitation for this charter. The North Down Borough Council designated five
representatives: Mayor Alan Chambers, Alderman Leslie Cree, Councillor Marsden FitzSimons, Councillor Roberta Dunlop
and Chief Executive Trevor Polley to journey to Virginia Beach to finalize this relationship. The Spectator News designated
their Reporter, Helen [McDowell] Boyd to accompany the delegation.
NOW, THEREFORE, BE IT RESOLVED: That on this Sixth day of March, Two Thousand and One, itt the City
of Virghtia Beach, Virgittia, United State, of America, Sister Cities International charters the union of Virgittia Beach and
North Down, Northern Ireland, as evidenced by the seal and signature thereto affixed by SCI President Charles Stokke.
BE IT FUR THER RESOLVED: That this Charter Statement is hereby sealed by the signatures of the Mayor of the
City of Virginia Beach and the Mayor of the Borough of North Down, Ireland, on the Sixth day of March, Two Thousand
One.
Meyera E. Oberndorf, Mayor
City of Virginia Beach, Virgittia
Alan Chambers, Mayor
Borough of North Down, Northern Ireland