HomeMy WebLinkAboutAUGUST 10, 1999 MINUTESII.
III.
IV.
V.
{2ity of Virginia Beach
CITY COUNCIL
MAYOR MEYERA E OBERNDORF At Large
VI( E MAYOR WILLIAM D SESSOMS JR At Large
UNWOOD 0 BRANCH III Dtslrt(t 6 Bea(h
MARGARET L EURE Dtstrtt t I Centervdle
WILLIAM W HARRISON .IR Dtstrtct 5 l ynnhaven
HAROLD HEISCHOBER At Large
BARBARA M HENLEY Dtstrttt 7 Prm~e~s Anne
LOUIS R JONES Dtstrt~t 4 Baystde
REBA S M¢~'I..4NAN Dtstrtct$ Rose Ilall
NANCY K PARKER. At-Large
A M (DON) WEEKS Dtstrwt 2 Kernpsvdle
JAMES K SPORE Ctty ManuRer
LESUE L ULLEY. Ctty Attorney
RUTH HODGE$ SMITH CMCIAAE Ctty Clerk
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL AGENDA
OUR
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH VIRGINIA 25456 ~X)~;
PIlONE (757)427 4~0~
FAX (7'~7) 426 5669
LMAIL CTYCNCL~CITY VIRGINIA BbACI! VA {lq
10 August 1999
BRIEFINGS
- Conference Room -
11:30 AM
le
,
NEWSRACKS AT SIGNALED PEDESTRIAN CROSSINGS
Marian Satmders, Chair, Mayor's Committee on Persons with Disabilities (15 minutes)
Y2K UPDATE
David Sullivan, Chief Information Officer (15 minutes)
ENVIRONMENTAL CRIMES TASK FORCE (9 minute vtdeo)
Vanessa T. Valldejuli, Assistant City Attomey
REVIEW OF AGENDA ITEMS
CITY COUNCIL COMMENTS
INFORMAL SESSION
- Conference Room -
1:00 PM
A,
Be
CALL TO ORDER- Mayor Meyera E. Obemdorf
ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
FORMAL SESSION
- Council Chamber -
2:00 PM
A,
CALL TO ORDER- Mayor Meyera E. Obemdorf
B. INVOCATION:
The Reverend Tommy Taylor
London Bridge Baptist 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
03 August 1999
G. MAYOR'S PRESENTATION
le
RESOLUTION OF "FRIENDSHIP"
Trevor Polley, Chief Executive and Town Clerk, North Down, Northern Ireland
H. AGENDA FOR FORMAL SESSION
The Consent Agenda will be determined during the Agenda Review Session and considered in the
ordinary course of business by City Council to be enacted by one motion.
I. RESOLUTIONS
lo
Resolution re issuance by the Virginia Beach Development Authority of Revenue Bonds not
to exceed $85,000,000 for Westminster-Canterbury of Hampton Roads, Inc. re
construction, renovation and equipping ora new 14-story residential wing, covered parking,
expanded wellness center and enlarged auditorium at 3100 Shore Drive (LYNNHAVEN -
DISTRICT 5).
e
Resolution of endorsement to the Governor and General Assembly the transportation projects
contained in the Metropolitan Planning Organization (MPO)'s 2020 Transportation
Plan, as set forth in the Hampton Roads Planning District Commission (HRPDC)'s briefing
package dated 7 July 1999, entitled, "Regional Priority Setting - The Future of
Transportation in Hampton Roads"; and, requesting the Governor and General Assembly
find appropriate sources of funding for said projects.
J. ORDINANCES
le
Ordinance to AMEND Section 2-398 of the City Code, DELETING the reference to Section
15.1-437 o fthe Virginia Code; and, SUBSTITUTING a new reference to Section 15.2-2212
of the Virginia Code re Planning Commission Members.
.
Ordinance to ACCEPT and APPROPRIATE $2,259,871 in State Grants to the Virginia
Beach Public Schools' FY 1999-2000 Operating Budget re increased funding for
previously approved grant awards, local educational reform efforts and class size reduction;
and, increase estimated revenues accordingly.
,
Ordinance to ACCEPT and APPROPRIATE $611,247 in Section 8 revenue from the U.S.
Department of Housing and Urban Development (HUD) to the Housing and Neighborhood
Preservation FY 1999-2000 Operating Budget re continuance of the Section 8 Rental
Subsidies program; and, increase estimated revenues accordingly.
e
Ordinance to ACCEPT and APPROPRIATE $83,740 from the Federal Emergency
Management Agency (FEMA) to the Fire Department FY 1999-2000 Operating Budget re
support of operations of the FEMA Urban Search and Rescue Team, Virginia Task Force
No. 2; and, increase estimated revenues accordingly.
5. Ordinances re compensation for the City Council Appointees:
a. City Manager 4.5% $143,102.00
City Attorney 9.0% 125,000.00
City Clerk 4.5% 65,046.00
City Real Estate Assessor.
6.17% 80,000.00
6, License Refunds - $23,216.26
K. PUBLIC HEARING- PLANNING
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
.
Application of RONALD and VIRGINIA WILLIAMS for a Variance to Section 4.4(b)
of the Subdivision Ordinance to allow the creation of one lot that does not meet the required
lot width of the R-40 Residential District on the West side of River Road, 427.56 feet South
of North River Road (LYNNHAVEN - DISTRICT 5).
Recommendation:
APPROVAL
e
Applications of ROBERT STEINHILBER re the East side of Blackwater Road, North of
the intersection with Indian Creek Road (5924 Blackwater Road), containing 82.202 acres
(PRINCESS ANNE- DISTRICT 7):
a.
Variance to Section 4.1(m)(1) of the Subdivision Ordinance which requires a
minimum 30-foot pavement width for the proposed cul-de-sac.
b. Conditional Use Permit for an alternative residential development
Deferred: 08 June 1999
Recommendation:
APPROVAL
.
Applications of ARGOS PROPERTIES, LLC, at the Southwest comer of Princess Anne
Road and Seaboard Road (PRINCESS ANNE - DISTRICT 7):
a. Variance to Section 5B of the Site Plan Ordinance, Floodplain Regulations
be
Change of Zoning District Classification fi.om AG-2 Agricultural District and B-2
Community Business District to Conditional B-2 Community Business District,
containing 8.9 acres
Recommendation:
DENIAL
,
.
e
Applications of BECO BUILDING ASSOCIATES, a Virginia General Partnership, re the
North side of Princess Anne Road, beginning 800 feet more or less West of Seaboard Road
(PRINCESS ANNE- DISTRICT 7):
a. ·
Variance to Section 4.4(b)(1) of the Subdivision Ordinance which requires that all
lots meet lot width requirements re four (4) non-compliance lots in a proposed
subdivision of 128 single-family residential lots.
be
Change of Zoning District Classification from AG- 1 and AG-2 Agricultural Disgricts
and R-20 Residential District to Conditional R-10 Residential District, containing
101.5 acres.
Deferred:
06 July 1999
Recommendations
Staff:
Planning Commission:
DENIAL
APPROVAL
Application of ROCK CHURCH for a Conditional Use Permit for a child care education
center in a church at the Northeast intersection of Kempsville Road and Manor Drive (580
Kempsville Road), containing 7.72 acres (KEMPSVILLE - DISTRICT 2).
Deferred:
26 January 1999
27 April 1999
Recommendation:
APPROVAL
Application ofFATHY A. ABDOU for a Change of Zoning District Classification from R...:
10 Residential District to Conditional O-1 Office District at the Northwest comer of
Independence Boulevard and Copperfield Road, containing 1.494 acres (BAYSIDE -
DISTRICT 4).
Recommendation:
APPROVAL
Lo
APPOINTMENTS
AGRICULTLYRAL ADVISORY COMMISSION
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HEALTH SYSTEMS ADVISORY BOARD
PARKS AND RECREATION COMMISSION
PERSONNEL BOARD
PUBLIC LIBRARY BOARD
TIDEWATER TRANSIT DISTRICT COMMISSION (TTDC)
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
08/05/99cmd
AGENDA\08/I 0/99
www wrgima-beach va us
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)
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
H
E 0
H I M B
A S C E S
DATE: August 3, 1999 B R C H C R P E
PAGE: 1 R R H E J L N A S W
A E I O N O A D R S E
N U S B L N N O K O E
AGENDA C R O E E E A R E M K
ITEM # SUBJECT ' MOTION VOTE H E N R Y S N F R S S
I/A BRIEFINGS' David Sullivan,
Chief
WIRED CITY Information
Officer
B SURFING STATUS REPORT Bruce Edwards,
Dir, EMS
C CREEDS FUEL FACILITY David Grochmal,
Dir, General
Service; Edward
Barnes,
Landscape Serv
Administrator
II/A PRESENTATION'
Dwight Farmer,
METROPOLITAN PLANNING Deputy Exec
ORGANIZATION (MPO) Director of
PRIORITIZATION PROCESS Trans - HRPDC
Ill/IV/ CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 A Y Y Y Y Y Y Y Y Y Y
VNII
E
FI1 MINUTES- July 13, 1999 APPROVED 10-0 A Y Y Y Y Y Y Y Y Y Y
G/Il/ PRESENTATIONS Dr & Mm
1lA H~royuki
SISTER CITIES INTERNATIONAL Hamada
AWARDS - 1999 Mary Russo,
Volunteer Co-
SPECIAL ACHIEVEMENT MUNICIPAL Ordinator
COOPERATION Diane Roche,
Volunteer Co-
Leader
B SISTER LIBRARIES - "A White House Martha J. Sims,
Mdlennlum Council project designated by Dir, Va Beach
US. national Commission on Libraries and Libraries
Information Science'
2 CERTIFICATE OF ACHIEVEMENT FOR Patncia A
EXCELLENCE - GFOA Phdlips, D~r,
Finance Depart
II1 Resolution as amended, to request the ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
CIRCUIT COURT order a referendum SUBSTITUTE
election be held Nov 2, 1999, on RESOLUTION
question whether C~ty Council should
adopt an ordinance approving
development/financing of proposed
Virginia Beach-Norfolk-Naval Base
Light Rail Transit Project
2 Resolution to appoint KARLA C. ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
HAYNES as Assistant City Attorney CONSENT
3 License Refunds: $31,565.29 APPROVED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
CONSENT
JI1 PUBLIC HEARING - PLANNING
PRINCE~SS HOUSE, L.L.C. CUP. APPROVED/ 7-4 Y Y Y Y N Y N N N Y Y
Housing for the aged on Pdncess Anne CONDITIONED/
Road/Baxter Road (KEMPSVILLE - ADDED CON
DISTRICT 2) - Denied January 16, 1999 - ~ re Berm/
Referred Back to Planning for landscaping
Reconsideration March 23, 1999; Deferred
July 13, 1999
K APPOINTMENTS' Rescheduled B Y C O N S E N S U S
FRANCIS LAND HOUSE BOARD OF
GOVERNORS
HEALTH SYSTEMS ADVISORY BOARD
PARKS AND RECREATION
COMMISSION
PERSONNEL BOARD
PUBLIC LIBRARY BOARD
L/M/ ADJOURNMENT 4 10 PM
N
MINUTES
VIRGINIA BEACH CITY COUNCIL
V~rg~n~a Beach, V~rg~n~a
August 10, 1999
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re NEWSRACKS at
SIGNALIZED CROSSING tn the Councd Conference Room, Ctty Hall Buddtng, on Tuesday, August 1 O,
1999, at 11 30AM
Council Members Present.
Ltnwood 0 Branch, III, Margaret L Eure, Harold Heischober,
Barbara M. Henley, Reba S McClanan, Mayor Meyera E Oberndorf
Nancy K Parker, and A. M "Don" Weeks
Council Members Absent
Vtce Mayor Wdham D Sessoms, Jr
William W Harrison, Jr
[ENTERED 12.07 P M]
[ENTERED 12 O0 P M]
Louts R Jones [FAMILY VA CA TION]
-2-
CITYMANAGER'S BRIEFING
NE WSRA CKS A T SIGNALED PEDESTRIAN CROSSINGS
11:30 A. M.
ITEM # 45299
Mayor Oberndorf introduced Marian Saunders, Chair- Mayor's Committee on Persons with Disabilities
Mayor Oberndorf referenced theproblem between the newsracks at signaledpedestrian crossings Marian
ts an extraordtnary woman and was fully stghted until chagnosed wtth a brain tumor After surgery, she was
left totally bhnd
Mrs Saunders advised several months ago an tndtvtdual came to the Mayor's Commtttee wtth the issue of
betng unable to access the traffic button because of a newsrack being attached to thepole The Committee
chd contact Entertatnment Weekly and the vendor said he understood and there would be no problem in
removtng same; however, the next ttme this route was traveled, the newsrack was still present
The Mayor's Committee on Persons with Disabilities is requesttng an Or&nance whtch states nopaper rack
of any kind shall be attached to a traffic stgnal or any pole tn the Ctty of Virgtnta Beach
Mayor Oberndorf referenced correspondence from Pamela Smith-Rodden, Circulation Dtrector- The
Vtrgtntan-Ptlot, offering a potnt of contact with all of these publications and their dtstributor to assist in
keeptng the newsracks in compliance with the needs of the disabled hvtng and vtsittng the Beach. Mrs
Smith-Rodden proposed a partnership, instead of going the route ora City Code Amendment by ordtnance.
In this tnstance, once a draft of the ordinance was received, her staff did an tmmedtate inspection of the
areas, tdentified non-compliant racks, contacted the other publishers and dtstrtbutors, secured thetr
agreement to comply and then moved to bring The Ptlot into compliance.
Mrs. Saunders advised she had spoken with Mrs. Smith-Rodden; however, she still beheves the Committee
should pursue an Ordtnance How does one enforce "voluntary compliance"? This was attempted by the
Mayor's Commtttee and it did not work.
Ken Jessup advtsed he was the inchvtdual who filed the complaint. Two years ago, he found this problem
existed at the corner of Ft. fth and Atlantic. He contacted the vendor and the problem was taken care of for
awhtle Thts year, the newsrack was back again. Mr Jessup advised at night his vtston is better but during
the day time he cannot see at all
Honey Low, Secretary of the Mayor's Committee, inquired whether there was a reason why an Ordinance
should not be adopted Mrs Saunders advised this Ordinance would also benefit those who uttlize wheel
chairs.
Assistant City Attorney Vanessa Valledejuli advised the 1990 Americans With Disabilities Act was
researched relattve the case law involving any cases dealing wtth accommodattons and access for dtsabled
tndivtduals includtng not only physically tmpatred, but those who are vtsually impatred or bhnd. The
Virginians with Disabilities Act was also examtned to determine what rights must be protected. The common
thread tn both the Federal and State Act ts that persons wtth disabilities are to be assured rights of access
to facthttes, which tnclude streets, htghways, sidewalks, buildings and other facthttes
The staff also checked with the attorney for the Virginians with Disabilities Act. His advice was that we
would not find any cases specifically deahng with the tntersection issue In many of these cases, the
jurtsdtcttons have taken steps to tnsure rtghts of access, not only with audible tones at the pedestrtan
crosswalks, but other visual and physical aids to asstst chsabled persons.
Internet research was also conducted Handbooks were received from the American Council of the Blind,
whtch has been dedicated to improving the pedestrtan environment, guaranteeing people who are blind or
vtsually impaired access to the intersection and traffic control information Constttutional law was revtewed
to assure tf an ordinance is developed, ~t would be narrowly tailored to forward the governmental tnterest
to ensure the rights of the disabled to access intersection control.
August 10, 1999
-3-
CITY M/INA GER 'S BRIEFING
NE WSRA CKS A T SIGNALED PEDESTRIAN CROSSINGS
ITEM # 45299 (Continued)
The Ordinance developed is content neutral and makes no distinctton between commercial or non-
commercial publications. It is geared toward old newsracks or newstands whether they are coin-operated
or not. It only limits thetr placement in three ways:
~4t a signalized pedestrian intersection (which has the traffic lights and
pedestrian cross walk buttons), no newsrack or newspaper vending shall
be actually chained or installed so that tt wtll not disrupt the tone that the
visually impatred person must listen for in order to be aware they are at an
intersection
The placement of the newsrack or newspaper vending machine has been
hmtted to five feet from the curb cut ramp.
The placement of the newsrack or newspaper vending machine shall be
wtthin three feet of any utility pole that contains the pedestrian cross-walk
button
There are no crtminal penalties tnvolved Basically a notice would be given to the chstributor requesting
removal of the newsrack wtthin seven (7) days to a proper locatton They have the rtght of appeal wtthin
three (3) days. If they do not appeal and do not move the newsrack, then the City would have tt removed
and stored ~4fier thirty (30) days have elapsed, the Ctty would be allowed to dispose of same tn a lawful
manner and any proceeds would be depostted into the General Fund of the City Treasury. The Department
of Housing and Neighborhood Preservatton, Code Enforcement Divtston, has graciously agreed to be the
City Manager's enforcement arm for thts Ordtnance. Wade Kyle's Sohd Waste Divtston has agreed to store
the venchng machines, tf same becomes necessary.
Pamela Smith-Rodden, Circulation Director - The Virginian-Pilot, agreed the rtghts of the disabled need
to be protected and The Pilot's duty as a community steward ts taken very sertously As soon as the
Virgtnian-Pilot was notified relattve the problem, they revtewed the newsracks, not just the boxes of the
Virginian-Pilot, but all the others as well, and contacted the distributors. The distributors agreed to be tn
compliance. A list was &stributed to City Council. Mrs. Smith-Rodden advised all of these boxes are now
in compltance on Atlanttc and Pactfic Avenues. The Vtrgtntan-Pilot ts offering their services as a stngle potnt
of contact, rather than multiple chstributors, and they wtll notify the chstrtbutors and make sure they are
brought into comphance.
BY CONSENSUS, City Counctl shall SCHEDULE the Ordinance related to Newsracks at Signaled
Pedestrian Crossings for the City Council Session of /lugust 24, 1999.
August 10, 1999
-4-
CITY MANAGER'S BRIEFING
Y2K UPDATE
12:12 P.M.
ITEM # 45300
Davtd Sullivan, Chief lnformatton Officer, advised the objecttve of the City of Virginia Beach Y2K Public
Information Plan is to develop effecttve external and internal commumcattons that wtll promote throughout
the community a basic understanding of the Year 2000 computer challenge; what the City has done to
prepare for thts challenge, and what cittzens can do to prepare for it By provtding comprehensive
information, another objecttve, allevtating fear among our ctttzens, may also be met
COMM UNITY PRESENTATIONS:
To date, City Information Technology professtonals have spoken to more
than 1,000 residents. Future plans call for Ctty-sponsored Toastmasters
orgamzations to be offered the opportunity to spread the word via pre-
scrtpted presentations to civtc groups (In case a speaker ts unable to
answer a question posed by a member of the audtence, the person wtll be
asked to write the questton on a Referral Card, whtch will be logged and
provided to the Y2K Coordinator for follow-up by phone)
On August 18, 1999, from 7:00 P.M. to 9:00 P.M., a Y2K Community
Connection will be held at the Virgima Beach Pavilion Theater This
President's Y2K Initiative event ts co-sponsored by the Commonwealth
Century Date Change Initiattve Project Office with asststance from the
Hampton Roads Y2K InfoSource. The event will feature John Kosktnen,
Chairman of the President's Council on Year 2000 Conversion, as a guest
speaker Mr. Koslanen is scheduling one of these Connecttons in each of
the.fifty states. Mayor Oberndorf advised Mr. Koskinen attended the U S
Conference of Mayor's Annual Meeting in New Orleans and announced
proudly he was brtnging this event to Virginia Beach There wtll also be
a Satellite Site at Christopher Newport University with a live video
conference connection between the two locations.
On September 22, 1999, the Ctty will jotn other Hampton Roads
communities tn sponsoring a "100 days till Y2K" Preparedness Day.
DIRECT CORRESPONDENCE AND COMMUNICATION
The City has received over 800 individual requests for compliance
information or certification. While the Ctty does not actually certify
overall comphance, the staff does answer each request chrectly wtth a
cover letter and prtnted copies of the web pages The staff has also
contacted approxtmately 100 critical suppliers requesting statements of
comphance. Letters will continue to be mailed through the end of August,
as the Departments wrap up their tnventories of Business Partners and
Suppliers
WHY2K, an award wtnning video produced by the City's Video Services
and lnformation Technology departments, debuted in March and has three
segments: Y2K background information; what the City has done~will do
to become Y2K compliant; and what steps citizens should consider,
including personal emergency preparedness This video has been ptcked
up by the Public Broadcasttng Capttal News, which ts sent to all the PBS
stations throughout Vtrginia and has played throughout Vtrginia on PBS
stattons
August 1 O, 1999
-5-
CITYMANAGER'S BRIEFING
Y2K UPDATE
ITEM # 45300 (Continued)
CITY DIALOGUE
The City Dialogue, a monthly VBTVprogram featuring the Mayor and a
panel of experts, focused on the Y2K issue in May Panelists included the
Ctty's Dtrector of Information Technology, the City's Dtrector of Pubhc
Uttltttes/Pubhc Works, the Emergency Management Coordtnator, a
Virginia Power spokesman and a NAS Oceana spokesman
BEA CH AD VISOR Y
A spectal pull-out sectton on the City's Y2K efforts was featured tn the
~4prtl 1999 BEACH ADVISORY The section features background
tnformatton about the Ctty's vast computer resources, tn formation on what
the City has accomphshed to ensure that its systems are Y2K compliant,
and personal preparedness tips from the ~4merican Red Cross. The July
1999 BEACH ADVISORY featured an abrtdged version of the Y2K
"Frequently Asked Questions" list that appears on the City's Web stte
CIVIC LEA GUE AD VISOR Y
/1 front-page arttcle on the City's Y2K efforts appeared tn the January
1999 CIVIC LEAGUE ADVISORY. The July/August issue featured
tnformatton on the Hampton Roads Y2K Citizen InfoSource and the
YH2K Community Conversation that wtll be held ~4ugust 18, 1999, at the
Virginia Beach Pavilion Theater. The September 1999 CIVIC LEAGUE
AD VISOR Y will provide a telephone number where ClVlC league meettng
planners can call to request a presentation on the Y2K challenge.
THE BEAM
Articles on the City's Y2K efforts have appeared in the BEAM, a monthly
publication for the 5,892 Ctty of Vtrgtnia Beach staff members This Fall
articles will highlight "Frequently Asked Questions", the City's Event
Plan for Y2K and contingency plans.
Y2K WEB SITE
The Ctty's Y2K Web site features basic Y2K information, as well as a
hsting offrequently asked questions - with comprehensive answers During
the pertod of February through July 1999, the site recetved 2002 vtsttors.
An E-mad launch at the bottom of the stte dehvered to our Y2K Office less
than a dozen tnqutres for addittonal, or spectfic tnformatton not provided
by the stte
FREQUENTL Y ASKED QUESTIONS WEB PAGE
The "Frequently Asked Questions" page was attached to the City Y2K
Web Site tn June and has received 104 visitors. The "Frequently Asked
Questions" (FAQ) list featured on the City's Web site wtll be catalogued
as a reference item at the Virginia Beach Pubhc Library - making the
document accesstble to residents who do not have Internet access
~4ugust 10, 1999
-6-
CITY MANAGER'S BRIEFING
Y2K UPDA TED
ITEM # 45300 (Continued)
CONTINGENCY AND EMERGENCY MANAGEMENT WEB PA GE
By September 1, 1999, the Y2K Web Site will expand to include a link
reference guide for Y2K Contingency Management
BOOKMARKS
A bookmarkpromoting the Y2K information has been drafted and will be
available at Virginia Beach Public Library locations, where videos and
FAQ's have been catalogued as part of the Library collection.
PIPELINE
The Summer 1999 PIPELINE, published by the City of Virginia Beach
Public Utilittes Department, features Y2K information relating to the
City's water supply and water and sewerpump operations. The publicatton
is marled three times a year to 120,000 accounts -reachtng practtcally
every household in the City of Virgtnia Beach over a two month period.
HAMPTON ROADS Y2K CITIZEN INFOS O UR CE
In March 1999, Information Technology, Pubhc Information and
Emergency Management professionals from 10 Hampton Roads
communities met to discuss a coordinated regtonal approach to provtchng
objecttve, neutral and consistent Y2K public information. This group has
emerged into the Y2K Citizen InfoSource, and each of its three
subcommittees is chaired by members of the City of Vtrgmta Beach
workforce. Through the Hampton Roads Y2K lnfoSource, Virginia Beach
cittzens, businesses and property owners will have access to the shared
resources being developed by this group tncluding: A menu-drtven, toll-
free 1-800 hne, sponsored by Bell Atlantic, through which a caller can
access the City of Vtrginia Beach Y2K InfoLine for answers to spectfic
questions, www. y2khamptonroads, com is a site on the World Wide Web
launched tn July 1999, which provtdes tnformation on the status of
municipaltttes tn several key areas including' water, sewer E-911, schools,
public safety and traffic hghts It also contains useful hnks to the Ctty's
Y2K Web stte and a number of other sites that will provtde citizens wtth
additional regional, state and national information. Working in partnership
with the U.S. Navy, information about thts Web site has been disseminated
to nearly 400, 000 acttve duty Naval personnel stationed along the Eastern
Seaboard and in Europe
YEAR 2000 READINESS DISCLOSURE
The Year 2000 readiness statements made by the City of Virginia Beach
are destgnated as a "Year 2000 readiness disclosure" within the meaning
of the Year 2000 Information Disclosure Act
August 10, 1999
-7-
CITYMANAGER'S BRIEFING
ENVIRONMENTAL CRIMES TASK FORCE
12:23 P.M.
ITEM # 45301
Asststant City Attorney Vanessa Valledejuli advised that in 1995 the Ctty Attorney and Former Fire Chief
Harry Diezel formed a partnership to assist m facditatmg the formulation and the tmplementatton of a City-
wtde Environmental Task Force The Mission was to find parttes responstble for illicit &scharges and spdl
which harm the environment and cost taxpayers clean-up costs To enforce the current laws, many of the
laws were revtsed An Interdepartmental Crimes Task Force was formed to streamline all the enforcement
procedures and hopefully response procedures. A manual has been developed for all the members of the
Task Force to provide training to all departments m the handling of these specific complaints and who they
need to contact. The other part of the Mission of the Task Force was to educate the publtc to be good
stewards of the environment and try to prevent many of these instances
Mrs. Valledejuli displayed the video, which will be distributed to the Ctvtc Leagues as well as schools. Mrs
Valledejuli expressed appreciatton to members of the Task Force. Environmental Crime ts "any
unauthorized storage or transportatton of solid waste or hazardous matertals, which may be a threat to
pubhc health or the environment" Environmental Crime ts "any activity performed wtthout a permit,
which threatens the environment or damages natural resources". The Virginia Beach Environmental
Crimes Task Force ts comprised of members from the followtng Ctty agenctes, Ctty Attorney, Ftre
Department Hazardous Matertals Team, Fire Marshal, General Servtces, Health, Houstng, Inspecttons,
Pohce, Pubhc Utilities, and Pubhc Works.
All spdls, discharges or releases of hazardous materials should be reported Some common products that
requtre reporting are
Gasoline
Diesel Fuel
Engine oils
Propane
Waste Chemicals
Ammonia Gas
Chlorine Gas
Solvents Acids and other Corrosives
Poisons and Pesticides
Explosives
Organization Peroxides
Paints
Ifa citizen has items they are not certain of how to dispose properly, they should contact:
City of Virginia Beach
Waste Management Division
Southeastern Public Service Authority
City of Virginia Beach Landfill
Environmental Hotline
430-2450
420-4700
366-4560
427-1901
Provide for your own safety first, if you feel the inctdent ts an EMERGENCY: DIAL 911 The
Environmental Crimes Task Force agency havingjurischction where the discharge has occurred wtH take
whatever actions are necessary to protect public health, safety and the envtronment Based on the nature
of the hazard presented, Environmental Crimes Task Force and/or other pubhc safety personnel may be
obhgated to rematn on the scene unttl the hazard ts controlled In additton, pubhc safety personnel may
use materials to control an inctdent, protect the environment and reduce addittonal damage or destructton
These materials, personnel and equipment costs may be charged to the responstble party (Vtrgtnta Beach
City Code Section 23-46 2)
Mayor Oberndorf expressed apprectatton to Assistant Ctty Attorney Vanessa Valledejuh and the
Envtronmental Crimes Task Force.
August 10, 1999
-8-
CITY MANAGER'S ITEMS
12:35 P.M.
ITEM # 45302
The City Manager chstributed coptes of the outline of the proposed plan that htghltghts/summarizes the
various components of the traffic managementprogram for the Labor Day weekend A copy of the August
Third report of the Resort Leadership Council was also distrtbuted. The City hopes to finalize the Plan by
next Wednesday, August 18, 1999, and begtn the actual tmplementatton process tn ttme for Labor Day The
Plan, as proposed, represents the best thinking of all involved. It butlds off the prevtous expertences with
traffic and crowd management practiced since the kick-off of the Amertcan Music Festival format tn 1994
There will not be a pass system in the Resort Area this Labor Day The satelliteparking and shuttle service
wtll be operated from the Pavilion as accompltshed tn past years with the addition of back-up sites at
Seatack Elementary and Btrdneck Elementary The use of the satellite parking and shuttle service is on a
voluntary basis In order to prevent parla'ng and traffic problems from unduly tmpacting the adjacent
restdenttal neighborhoods, traffic control barricades mdicating "local traffic only" wtll be placed on the
residenttal side streets to minimize traffic tnclusion. Traffic control barricades were used last year but an
enhancement this year will be the 24-hour enforcement of the Residential parktng Permit restrtcttons. When
traffic reaches grtdlock, the Police wtll direct traffic from the Resort Area. This will be accomphshed, as
needed, to allow reasonable emergency vehtcle access As with other major holiday weekends, heavy traffic
and congestions can be expected. In an effort to tmprove traffic flow on Pacific Avenue, southbound lefi
turns at the followtng locations. 24th, 21~, 19th and 17~ Streets, will not be permttted Signage will advtse
vehtcles wtshtng access to Atlantic Avenue at these locations to loop around the block (three right turns)
and posttton themselves eastbound towards Atlantic Avenue on the gateway street. Access to Atlantic
Avenue will be "open" until tt ts determined by the pohce/others that congestton exists At that time access
to Atlantic Avenue will be limtted to prevtously designated gateway accesses - 31st - 2 Pt - 19tn - 17th - 9th
Barricades wtll be erected at all non-gateway streets between Atlanttc and Pactfic Avenues. Vehtcles will
be required to make right turns onto Atlantic Avenue to reach their destination Hotel guests will receive
(at check-tn) a color coded logo parking tag that will note the recommended access street.
ITEM # 45303
The City Manager advtsed the City is actively working wtth a development group tn terms of hopefully
realtztng a proposal for the Central Business District (CBD) A specific proposal for City Council's
consideratton should be available within approximately two months The City Manager tnqutred whether
City Council wtshed to matntatn the current liatsons to the Central Bustness District Vice Mayor Wtlltam
D Sessoms, Jr., and Councilman Louis R. Jones. The majortty of the development betngproposed is actually
tn the Rose Hall District.
August 10, 1999
CITY COUNCIL COMMENTS
12:45 P.M.
ITEM # 45304
Concerning the mowing operations, Councd Lady Henley advtsed a few years ago this was contracted out
tnstead of being handled by City crews For some reason, the contract job is not as good as the City's
performance.
The City Manager shall compile a report on the status of the mowing contract
Mayor Oberndorf satd compartsons were necessary between the Ctty employees and private contractors.
Council Members McClanan and Branch satd the Sheriff has done a tremendous job on General Booth
Boulevard.
ITEM # 45305
Mayor Oberndorf requested informatton be provided relattve formtng a partnership wtth the newspapers,
major broadcasttng stations and thetr personnel She would rather "make a friend".
Council Lady Eure suggested setttng astde a destgnated place to be utilized by the me&a tn order to cover
the special events The City Manager advised a number of the media outlets are corporate sponsors of the
entertainment The Ctty ts attempttng to work wtth the mecha to butld partnershtps
ITEM # 45306
Mayor Oberndorf referenced atten&ng a family wed&ng in Los Angeles, California, thts past weekend A
survey was conducted whereby the citizens of Los Angeles could comment concermng how they feel about
the budding of an arena or colosseum. 80% of the surveyed audience absolutely opposed utilizing any
public funds for sports venues. In San Dtego, a cittzens group has brought legal actton agatnst the Mayor
as she was very posttive about building an arena (or stachum). There were no pubhc funds utilized the
owner of the team was able to provide the financing to fund the proposal.
Councilman Hetschober advised the new owner of the Florida Marlins tried to get pubhc/private financtng,
which was rejected He invested $400-MILLION and they are on thetr way now with purely prtvate funds.
Mayor Oberndorf advtsed if these are really such "money generators", revenue bonds could be utihzed with
the debt payment made each year
August 1 O, 1999
- IO-
AGENDA RE VIE W SESSION
12:53 P.M.
ITEM # 45307
12
Resolution of endorsement to the Governor and General
Assembly for the transportation projects contatned in the
Metropolitan Planning Organization (MPO) 's 2020
Transportation Plan, as set forth in the Hampton Roads
Planntng District Commisston (HRPDC)'s briefing package
dated 7 July 1999, entitled, "Regional Priority Setttng- The
Future of Transportatton tn Hampton Roads "; and, requesttng
the Governor and GeneraI Assemblyfind appropriate sources of
funding for said projects.
Council Members McClanan and Weeks advised they wtll vote NAY This item will be chscussed during the
FORMAL SESSION.
ITEM # 45308
BY CONSENSUS, the following items shall compose the CONSENT AGENDA
RESOLUTIONS
1.2
Resolution re tssuance by the Virginia Beach Development
Authority of Revenue Bonds not to exceed $85,000,000 for
Westminster-Canterbury of Hampton Roads, Inc. re
construction, renovation and equipptng of a new 14-story
residential wtng, covered parktng, expanded wellness center and
enlarged audttorium at 3100 Shore Drive (LYNNHAVEN-
o srmcr O.
ORDINANCES
Ordinance to AMEND Section 2-398 of the City Code,
DELETING the reference to Section 15.1-437 of the Vtrgtnia
Code; and, SUBSTITUTING a new reference to Section 15 2-
2212 of the Virgmia Code re Planning Commission Members.
Ordinance toA CCEPTandAPPROPRIA TE $2,259,871 in State
Grants to the Virgima Beach Public Schools' FY 1999-2000
Operating Budget re increased fundingfor previously approved
grant awards, local educational reform efforts and class stze
reduction, and, increase estimated revenues accordtngly.
Ordinance to ACCEPT and APPROPRIATE $611,24 7 in
Section 8 revenue from the U.S. Department of Houstng and
Urban Development (HUD) to the Housing and Neighborhood
Preservation FY 1999-2000 Operattng Budget re conttnuance of
the Section 8 Rental Subsidies program; and, tncrease estimated
revenues accordingly.
J 4. Ordinance to ACCEPT and APPROPRIATE $83,740from the
Federal Emergency Management Agency (FEMA) to the Fire
Department FY 1999-2000 Operating Budget re support of
operations of the FEMA Urban Search and Rescue Team,
Virginia Task Force No. 2; and, increase estimated revenues
accordtngly.
August 1 O, 1999
-ll-
AGENDA RE VIE W SESSION
ITEM # 45308 (Continued)
J. 5 Ordinances re compensation for the City Council Appointees:
a. Cay Manager 4.5% $143,102 O0
b. City Attorney 9.0% 125,000.00
c. City Clerk 4.5% 65, 046 O0
d Ctty Real Estate
Assessor 6 17% 80, 000 O0
J. 6. License Refunds - $23,216.26
August 10, 1999
- 12-
AGENDA RE VIE W SESSION
ITEM # 45309
Apphcations of ROBERT STEINHILBER at the East side of
Blackwater Road, North of the intersectton wtth In&an Creek
Road (5924 Blackwater Road), containing 82202 acres
(PRINCESS ANNE - DISTRICT 7):
a.
Variance to Section 4.1(m)(1) of the Subdiviston Ordinance
whtch requires a minimum 30-foot pavement width for the
proposed cul-de-sac.
b. Conditional Use Permit for an alternative residential
development
Councilman Harrison supports the apphcation being on CONSENT; however, he beheves there ts a conflict
between the Comprehensive Plan and the twelve guidelines within the Comprehensive Plan and Section
405 of the City Zoning Ordinance. Techntcally in some ways, he beheves the apphcatton mtght not comply
wtth all 12 gutdelines. The Comprehenstve Plan gives the Ctty Counctl more latttude to work with the
application to meet all the guidelines. Councilman Harrison requested clarification.
Council Lady Henley believed the new design closely adhered to the twelve guidelines. There might be some
concern relattve the guideline uttlizing the minimum acceptable lot area necessary, whtch would mean that
each lot would be no more than an acre. However, tt is necessary to make sure that there is ample place for
drain fields so sometimes this acre might be exceeded. In reviewing the new design, she believed the
apphcant had come very close to the gutdehnes.
ITEM # 45310
K. 3. Applicattons of ARGOS PROPERTIES, LLC, at the Southwest
corner of Princess Anne and Seaboard Roads (PRINCESS ANNE
- DISTRICT 7)
a. Variance to Section 5B of the Site Plan Ordinance, Floodplain
Regulations
bo
Change of Zoning Distrtct Classification from A G-2 Agricultural
District and B-2 Community Bustness Dtstrict to Conditional B-2
Community Business District, containing 8. 9 acres
This item wtll be discussed during the FORMAL SESSION. Karen Laslie - Planning Department, advised
Councilman Hetschober the intent of the applicant was to request an INDEFINITE DEFERRAL.
Council Lady Eure advised she met wtth the applicants. As this is an extremely difficult application, they are
hoping to redesign the project to develop a better project or either just simply develop the property that ts
already zoned. Council Lady Henley advised she had made a policy not to meet wtth the apphcants prior
to constderatton by the Planmng Commission. 82% of subject property is in the.floodplain area
ITEM # 45311
Applications of BECO BUILDING ASSOCIATES, a Virgtnia
General Partnership, at the North side of Princess Anne Road,
beginning 800 feet more or less West of Seaboard Road
(PRINCESS ANNE - DISTRICT 7).
a ,
Variance to Section 4. 4(b)(1) of the Subdivision Ordinance which
requires that all lots meet lot width requirements re four (4) non-
compliance lots in a proposed subdivision of 128 single-family
residential lots
Change of Zoning District Classtfication from AG-1 and AG-2
Agricultural Districts and R-20 Residential Dtstrict to
Conditional R-10 Residential District, containing 101 5 acres
This item wtll be discussed durtng the FORMAL SESSION.
August 1 O, 1999
- 13-
AGENDA RE VIE W SESSION
ITEM # 45312
K. 5. Application of ROCK CHURCH for a Condittonal Use
Permit for a child care education center in a church at the
Northeast intersection of Kempsville Road and Manor Drive
(580 Kempsville Road), contatntng 7. 72 acres
(KEMPSVILLE - DISTRICT 2).
Council Lady Eure inquired whether the Ctty Council was approving 125 or 145 children in the day care
center, as both amounts had been referenced in the Agenda form.
Karen Laslie, Planning Department, advised the application was for 145 students; however, the Planning
Commission reduced this amount and recommended 125. The Commtssion's concern was the outdoor
space was rather small The school seemed to be agreeable to the maximum of 125 students
ITEM # 45313
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA'
ao
Apphcation of RONALD and VIRGINIA WILLIAMS for a
Variance to Section 4.4(3) of the Subdiviston Ordtnance to allow
the creatton of one lot that does not meet the required lot width
of the R-40 Residenttal Dtstrict on the West stde of Rtver Road,
427 56 feet South of North River Road (LYNNHAVEN -
DiSr Cr 5).
Applications of ROBERT STEINHILBER at the East side of
Blackwater Road, North of the intersection wtth In&an Creek
Road (5924 Blackwater Road), containing 82.202 acres
(PRINCESS ANNE - DISTRICT 7).
Variance to Section 4 l(m)(1) of the Subdivision Ordinance
which requires a minimum 30-foot pavement width for the
proposed cul-de-sac.
b Conditional Use Permttfor an alternative residential development
K. 6.
Application of ROCK CHURCH for a Conditional Use Permtt
for a child care educatton center tn a church at the Northeast
intersection of Kempsville Road and Manor Drive (580
Kempsville Road), contatntng 7 72 acres (KEMPSVILLE -
DISTRICT 2)
Application of FATHY A. ABDOU for a Change of Zoning
District Classification from R-lO Residential District to
Conditional 0-1 Office Dtstrtct at the Northwest corner of
Independence Boulevard and Copperfield Road, containmg
1 494 acres (BAYSIDE- DISTRICT 4)
August 1 O, 1999
- 14-
ITEM # 45314
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City Council Conference Room, Ctty Hall Building, on Tuesday, August 10, 1999, at 1.12
P.M.
Councd Members Present'
Linwood 0 Branch, III, Margaret L. Eure, William W Harrtson, Jr.,
Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker, Vtce Mayor William D
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Absent:
Louis R. Jones
August 10, 1999
-15-
ITEM # 45315
Mayor Meyera E Oberndorf entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2 1-344(A), Code of Virgima, as amended, for the following purpose
PERSONNEL MATTERS: Discussion, consideration or interviews of
prospective candidates for employment, assignment, appointment,
promotton, performance, demotion, salaries, chsctplining, or resignation
of spec~c public officers, appointees, or employees pursuant to Section
2 1-344 (A) (1)
Boards and Commisstons:
Agricultural Advtsory Commisston
Francis Land House Board of Governors
Health Systems Advisory Board
Parks and Recreation Commission
Personnel Board
Public Library Board
Transportation District Commission of
Hampton Roads
PUBLICLY-HELD PROPERTY. Dtscusston or constderation of the
condition, acquisition, or use of real propertyfor pubhc purpose, or of the
dtspos~tion of pubhcly-held real property, for discussion tn an open
meeting whtch would adversely affect the bargaining posttton or
negotiating strategy of the pubhc body pursuant to Section 2.1-344(A)(3).
Disposition of Real Property - Beach Dtstrict
LEGAL MATTERS' Consultatton with legal counsel or briefings by staff
members, consultants, or attorneys pertaimng to actual or probable
littgatton, where such consultation or briefing in open meetings would
adversely affect the negottattng or htigatingpositton of thepublic body and
consultatton wtth legal counsel employed or retained by a public body
regarding specific matters requirmg the provtston of legal advice by such
counsel pursuant to Sectton 2.1-344(A)(7).
To-Wit:
City of Virginia Beach v. Shtvam Investment, Inc
City of Vtrgtnta Beach v EAI Systems Inc., Stratus and Federal
Berkshtre Apartments, LLC v. Board of Zoning Appeals
Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, Ctty Council voted to proceed
into CLOSED SESSION.
Voting. 10-0
Council Members Vottng Aye:
Linwood O. Branch, III, Margaret L Eure, Wilham W. Harrison, Jr,
Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker, Vtce Mayor Wtlham D Sessoms,
Jr. and A. M. "Don" Weeks
Council Members Voting Nay.
None
Counctl Members Absent:
Louis R. Jones
August 1 O, 1999
-16-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
August 10, 1999
2:00 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Counctl Chamber, City Hall Building, on Tuesday, August 10, 1999, at 2. O0 P.M
Council Members Present'
Ltnwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr,
Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M "Don" Weeks
Council Members Absent:
Louis R Jones
[FAMILY VA CA TION]
INVOCATION'
Reverend Dick Branson
Associate Pastor
London Bridge Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, betng a Corporate Officer of Wachovia Bank, disclosed there were no matters on the
agenda tn which he has a "personal interest", as defined in the Act, either tndivtdually or in his capacity as
an officer of Wachovta Bank. The Vtce Mayor regularly makes this Disclosure as he may not know of the
Bank's tnterest in any apphcatton that may come before Ctty Counctl. Vtce Mayor Sessoms' letter of January
4, 1999, ts hereby made a part of the record
August 10, 1999
Item V-E.
-17-
CER TIFICA TION OF
CLOSED SESSION
ITEM # 45316
Upon motion by Vice Mayor Sessoms, second ed by Councdman Heischober, Ctty Council CERTIFIED
THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meettng
requirements by Virgima law were discussed in Closed Session to whtch
thts certtfication resolution apphes;
AND,
Only such public bustness matters as were identt, fied in the motton
convening the Closed Session were heard, discussed or considered by
Vtrginia Beach City Council
Voting: 10-0
Counctl Members Voting Aye:
Linwood O. Branch, IlL Margaret L. Eure, William W. Harrison, Jr,
Harold Hetschober, Barbara M Henley, Reba S McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor Wdham D
Sessoms, Jr. and A. M. "Don" Weeks
Councd Members Vottng Nay.
None
Council Members Absent:
Louts R. Jones
August 10, 1999
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 45315, Page 15, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Rtl'th Hodges~mith~'-MC/AAE
City Clerk
August 10, 1999
-18-
Item V-F. 1
MINUTES
ITEM # 45317
Upon motion by Vtce Mayor Sessoms, seconded by Council Lady Parker, City Councd APPROVED the
Minutes of the INFORMAL AND FORaIIAL SESSIONS of August 3, 1999.
Voting: 10-0
Council Members Voting Aye'
Ltnwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr,
Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf Nancy K. Parker, Vice Mayor Wdham D.
Sessoms, Jr. and A. M "Don" Weeks
Council Members Voting Nay:
None
Councd Members Absent:
Louis R Jones
August 1 O, 1999
-19-
Item V-G.I.
~4DOPT AGENDA
FOR FORMAL SESSION
ITEM # 45318
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
August 1 O, 1999
- 20-
Item V-G.
PRESENTATION
ITEM # 45319
Mayor Oberndorf PRESENTED:
"RESOLUTION OF FRIENDSHIP"
Trevor Polley, Chtef Executive and Town Clerk, North Down, Northern Ireland, ACCEPTED the Resolutton
to be given to Marion Smith, Mayor- Borough of North Down, Northern Ireland North Down, Northern
Ireland and Virginia Beach, Virgtnia, United States of America, have formed a bond of friendshtp and
respect between their communities, thousands of miles apart, wtth the signing of a Sister Cities Friendship
Commttment.
Mayor Oberndorf advised Arrowhead Elementary and Kempsvtlle Middle School will become Pen Pals wtth
North Down, Northern Ireland. Carolyn Garrett- Principal- Arrowhead Elementary School and Weeta Bell-
Phtllips- Principal - Kempsville Middle School were in attendance.
Mr. Polley expressed appreciation for the hospitality and introduced his wtfe: Lorraine, his son - Stephen
and daughter - Ruth.
Remembrances of the City were given to Trevor and hts family, as well as a gift to be presented to Mayor
Marion Smith
August 1 O, 1999
WHEREAS:
NORTH DOWN, NORTHERN IRELAND, and VIRGINIA BEACH, VIRGINIA,
UNITED STATES OF AMERICA, have formed a bond of friendship and respect
between their communities, thousands of miles apart, with the signing of a Sister
Cities Friendship Commitment in the Summer of Nineteen Hundred and Ninety-
Nine;
WHEREAS: The people of Virginia Beach are very proud to have North Down, Northern Ireland,
as their friends; and,
WHEREAS:
NORTH DOWN, NORTHERN IRELAND, and VIRGINIA BEACH, VIRGINIA,
USA, both have a great deal in common: thriving seaside resort; welcome
'thousands of tourists to our shores each year; have comparable industry and
agriculture; enjoy an exceptional quality of life; and, have the best citizenry to be
found anywhere in the world.
NOW, THEREFORE, WE, Meyera E. Obemdorf, Mayor of Virginia Beach, Virginia, USA, and
Marion Smith, Mayor of North Down, Northern Ireland, do, on behalf of our respective
communities, symbolize the joining of our friendship in a bond evidenced by culture, education,
economics and language, and appreciation for each others' diversity with the warmth of good
fellowship.
IN WITNESS WHEREOF, WE hereunto set our hands and cause this agreement by signature to be
effective this Twenty-Second Day of July, Nineteen Hundred and Ninety-nine.
MEYERA E. OBERND~
Mayor
Virginia Beach, Virginia
MARION SMITH
Mayor
Borough of North Down, Northern Ireland
- 21 -
Item V-I/J
RES OL UTIONS/ORDINANCES
ITEM # 45320
Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, City Councd APPROVED IN
ONE MOTION, Resolutions 1 and Or&nances 1, 2, 3, 4, 5 and 6 of the CONSENTAGENDA.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, Wtlliam W. Harrison, Jr.,
Harold Hetschober, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf Nancy K. Parker, Vice Mayor Wilham D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Councd Members Absent:
Louis R Jones
Counctlman Harrison ABSTAINED on Item 1 (Westmtnster-Canterbury of Hampton Roads, Inc.) as his law
firm represents the applicant.
August 1 O, 1999
- 22 -
Itetn V-I. 1.
RESOLUTION
ITEM # 45321
Upon motton by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED
Resolutton re tssuance by the Vtrginia Beach Development Authortty of
Revenue Bonds not to exceed $85,000, O00 for Westminster-Canterbury
of Hampton Roads, Inc. re constructton, renovatton and equtpptng ora
new 14-story residenttal wing covered parking expanded wellness
center and enlarged auditortum at 3100 Shore Drtve (LYNNHA VEN-
DISTRICT 5)
Voting' 9-0 (By ConsenO
Council Members Voting Aye'
Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara
M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker, Vtce Mayor Wdham D. Sessoms, Jr. and A M "Don" Weeks
Council Members Voting Nay.
None
Council Members Abstaining.
William W. Harrison, Jr.
Councd Members Absent:
Louis R. Jones
Counctlman Harrison ABSTAINED on Item 1 (Westminster-Canterbury of Hampton Roads, Inc.) as hts law
firm represents the apphcant
August 10, 1999
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA APPROVING THE ISSUANCE OF THE RESIDENTIAL
CARE FACILITY MORTGAGE REVENUE BONDS FOR WESTMINSTER-
CANTERBURY OF HAMPTON ROADS, INC.
WHEREAS, the City of Virgima Beach Development Authority (the "Authority") has
considered the application of Westminster-Canterbury of Hampton Roads, Inc. (the "Company") for
the issuance of the Authonty's residential care facility mortgage revenue bonds in an amount not to
exceed $85,000,000 (the "Bonds") to assist In the finance of the Company's construction, renovation
and equipping of a new 14-story residential wing, which will provide 164 new independent living
apartments as well as a covered parking facility, expanded wellness center with an exercise room
and pool and an enlarged auditorium (all improvements and land being collectively referred to as
the "Facility") to be located at 3100 Shore Drive, Virginia Beach, Virginia, and has held a public
hearing thereon on July 20, 1999, and
WHEREAS, the Authority has requested City Council (the "Council") of Virginia Beach,
Virginia (the "City") to approve the issuance of the Bonds to cmnply with Section 147(0 of the
Internal Revenue Code of 1986, as amended; and
WHEREAS, pursuant to Section 15.2-4906, Code of Virginia, 1950, as amended, a copy of
the Authority's Resolution approving the ~ssuance of the Bonds, subject to terms to be agreed upon,
and a reasonably detailed summary of the comments expressed at the public hearing, ~f any, have
been filed with the Councd of the City of Virg~ma Beach, Virginia.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the
bonds by the City of Virginia Beach Development Authority, ~n a principal amount not to exceed
$85,000,000 for financing the construction, renovation and equipping of a new 14-story residential
wing which will provide 164 new independent living apartments as well as a covered parking
facility, expanded wellness center with an exercise room and pool and an enlarged auditorium, to
be located at 3100 Shore Drive, Virginia Beach, Virginia for the benefit of Westminster-Canterbury
of Hampton Roads, Inc., to the extent required by Section 147(f) of the Internal Revenue Code, to
permit the Authority to assist in the financing of the Facility.
2. The approval of the issuance of the Bonds, as required by Section 147(f) does not
constitute an endorsement of the bonds or the creditworthiness of the Company; but, pursuant to
Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that nmther
the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs
BI-23638 1HLP NS
6/22/99 1
incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit
nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto.
3. In approving the Resolution, the City of Virginia Beach, including its elected
representatives, officers, employees and agents, shall not be liable and hereby disclaims all liability
for any damages to any person, direct or consequential, resulting from the Authority's failure to issue
Bonds for the Facility for any reason.
4. This Resolution shall take effect immediately upon its adoption.
Adopted by a majority of a quorum of the Council of the City of Virginia Beach, Virginia
on August 10, 1999.
I certify the foregoing to be a true and correct copy of the Resolution adopted by the City
Cotmcil of the City of Virginia Beach, at a regular meeting held on August 10, 1999.
-
Clerk
B1-23638 IHLP NS
6/22/99
VIRGINIA
BEACH
Development Authority
One Columbus Center. Suite 300
V~rgm~a Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
F Dudley Fulton, Chair
Stephen W Burke, Vtce-Chatr
W Brantley Basmght III, Secretary
Kenneth D Barefoot, Treasurer
Ehzabeth A "Betsy" Duke
Robert F Hagans. Jr
Robert G Jones
July 20, 1999
The Honorable Meyera E. Obemdorf, Mayor
Members of C~ty Council
Mummpal Center
Vlrg~ma Beach, VA 23456
Re~
Westmtnster-Canterbury of Hampton Roads, Inc.
C~ty of V~rgima Beach Development Authority Residential Care Facility
Mortgage Revenue Bonds Series 1999
Dear Mayor Obemdorf and Members of C~ty Council:
We submit the follow~ng ~n connection w~th project Westminster-Canterbury of Hampton
Roads, Inc located at 3100 Shore Drive, V~rg~ma Beach, V~rg~ma 23451.
(1) Evidence of pubhcat~on of the not~ce of heanng ~s attached as Exhibit A , and a
summary of the statements made at the pubhc hearing is attached as Exhibit B The C~ty of
V~rg~ma Beach Development Authonty's (the "Authority") resolution recommending Councd's
approval ~s attached as Exhibit C.
(2) The Disclosure Statement ~s attached as Exhibit D.
(3) The statement of the Authonty's reasons for ~ts approval as a benefit for the C~ty of
V~rg~ma Beach and ~ts recommendation that C~ty Council approve the modification of the bonds
described above ~s attached as Exhibit E.
The Honorable Meyera E. Obemdorf, Mayor
Members of City Council
July 20, 1999
Page 2
(4) The Fiscal Impact Statement is attached as Exhibit F.
(5) Attached as Exhibit G ~s a summary sheet setting forth the type of~ssue, and ~dent~fying
the Project and the prinmpals.
(6) Attached as Exhibit H is a letter from the appropriate City department commenting on
the ProJect.
GLF/rab
Enclosures
Very truly yours,
· Fentress
Deputy City Attorney
Exhibit A
THE VIRGINIAN-PILOT
NORFOLK, VIRGINIA
AFFIDAVIT OF PUBLICATION
The Virginian-Pilot
WILLCOX & SAVAGE, P C.
PO BOX 61888
VA BEACH, VA 23466
REFERENCE 10047130 Hugh Patters
728600409 WESTMINSTER-CAN
State of Virginia
City of Norfolk
This day, D. Johnson personally appeared before me
and after being duly sworn, made oath that:
1) She is affidavit clerk of The Virginian-Pilot,
a newspaper published by Landmark Communications
Inc , in the cities of Norfolk, Portsmouth,
Chesapeake, Suffolk, and Virginia Beach, State of
Virginia. 2) That the advertisement hereto
annexed has been published in said newspaper on
the date stated
PUBLISHED ON: 07/06 07/13
TOTAL COST- 406 64 AD SPACE: 68 LINE
FILED ON: 07/16/99
.....
Legal Affiant-
Subscribed and sworn tO before me in my city and state on the day and year
aforesaid this I 9 -~ dH of q~ , /~ .
Notary ~,'"~..,~.~..~9-~~ My commission expires December 31, 1999
·
U[I~ VI Inl~ ~ch VI - ..uu
ame~ (the "~') u- t- e"~ ~-~.~,,~x ~ ~, ~ II
I
~e~ent
~ · to.a~lst the ~ In ~ Il
I ~ e ~mfl m a~ i~ ~u~
.... ~4-st~ m~tbl wi~ wh~ ~l~e ~63 ~
enla~ aud~u _~ wm an ~e~ ~ a~ ~1 a~ ~ II
~nbnu~ or adl~m~, wdl ~ ~ it 8 30 I m ~
~ ~he ~, I~ ~ will ~ p~ ~e c~t ~ ~ ~xi~ ~
, me ~ ~ Vi~mll B~ch, V~nm or Ih~ Authon , but wdl ~
II
on m~ ~ ~r ~ ~ h~M A ~ '
~usl~ h~ A~ORIWJ~,
~ OF ~RGINM B~ DMLOPMi~ Il
VP July 6 a~ Ju~ 13, 1999
NOTICE OF PUBLIC HEARING ON PROPOSED REVENUE BOND
FINANCING OF THE CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY
Notice is hereby given that the City of Virginia Beach Development Authority (the "Authority")
will hold a public hearing on the applicauon of Westminster-Canterbury of Hampton Roads, Inc.,
a Virginia nonstock, nonprofit corporation (the "Company"), the address and principal place of
business of which is 3100 Shore Drive, Virginia Beach, Virginia 23451, for the Authority to issue,
pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended (the "Act"), up to
$85,000,000 of its Res~denual Care Facility Mortgage Revenue Bonds to assist the Company in
permanent financing of its construction, renovauon and equipping of a new 14-story residential
w~ng, which will provide 163 new independent living apartments as well as a covered parking
facility, expanded wellness center with an exercise room and pool and an enlarged auditorium to
be located at 3100 Shore Drive, Virginia Beach, Virginia (the "ProJect"). The public hearing,
wluch may be continued or adjourned, will be held at 8.30 a.m. on Tuesday, July 20, 1999, before
the Authority at the Authonty's office at One Columbus Center, Suite 300, Virginia Beach,
Vxrgima. As requrred by the Act, the Bonds will not pledge the credit or the taxing power of the
City of Virgima Beach, Virginia or the Authority, but will be payable solely from revenues
derived from the Company and pledges therefor. Any person wishing to comment on the
application may appear and be heard. A copy of the Company's application is on file and is open
for inspection at the Authonty's office at One Columbus Center, Suite 300, Virginia Beach,
Virginia, during business hours.
CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY
BI-23729 I/HLP NS
6/22/99
Exhibit B
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
RECORD OF PUBLIC HEARING
(WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC.)
The Chairman of the City of Virginia Beach Development Authority (the "Authority")
announced the commencement of a public hearing on the request of Westminster-Canterbury of
Hampton Roads, Inc., a Virginia nonstock, nonprofit corporation (the "Borrower") and that a notice
of public hearing was published in the Virginia Pilot, a newspaper having general circulation in the
City of Virginia Beach, Virginia in accordance with applicable law governing the issuance of tax-
exempt bonds. The Chairman indicated that a copy of the Notice and an Affidavit of Publication of
such notice are to be filed with the records of the City Council of the City of Virginia Beach (the
"Council").
The following individuals appeared and addressed the Authority:
Hugh L. Patterson
Erie Marie Latimer
Chuck Starbranch
Mr. Patterson gave a brief description of the resolution and the project and opened the floor
for questions. Members of the Authority asked several questions regarding the project, including
questions about the size of the new west wing addition, the number of new independent living and
assisted living residential units being added to Westminster-Canterbury's facilities, the number of
parking spaces in the new parking deck and the total number of parking spaces available for
residents, employees and guests of Westminster-Canterbury after completion of construction and
these questions were addressed to the satisfaction of the Authority by Mr. Patterson and Ms.
Latimer.
The public benefits to be realized by the City of Virginia Beach as a result of the financing
of the Project, as described by Mr. Patterson, are (a) 93 new permanent jobs with a $1,900,000
increase in annual salaries and an average salary increase being approximately $20,600 per year,
raising the total annual payroll at Westminster-Canterbury to approximately $8,000,000; (b)
additional taxes to be paid by the Borrower to the City of Virginia Beach will be approximately
$745,000; (c) Westminster-Canterbury's estimated value of goods and services to be purchased each
year within the Virginia Beach area will total approximately $6,000,000, (d) 230 new senior
residents will be living at Westminster-Canterbury and will have a potential for discretionary
spending in excess of $1,100,000 per year and (e) the new 14-story residential wing will provide 164
new independent living apartments that meet the current and future market demands of retired
persons who now want larger apartments and more amenities than are presently offered in the
existing facilities.
B1-23636 I/WWH SH
7/23/99
No other persons appeared to address the Authority, and the Chairman closed the public
hearing.
The Authority hereby recommends that the City Council of the City of Virginia Beach,
Virginia approve the issuance of the Bonds and hereby transmits the Fiscal Impact Statement to the
City Council of the City of Virginia Beach and asks that this recommendation be received at its next
regular or special meeting at which this matter can be properly placed on the Council's agenda for
hearing.
BI-23636 I/WWH SH
7/23/99
Exhibit C
RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY INDICATING ITS INTENT TO ISSUE BONDS FOR
WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC. TO
CONSTRUCT, RENOVATE AND EQUIP A NEW 14-STORY RESIDENTIAL
WING WITH COVERED PARKING FACILITIES AND OTHER AMENITIES
TO PROVIDE ADDITIONAL EXPANDED RESIDENTIAL CARE
FACILITIES FOR THE AGED
WHEREAS, there has been described to the City of Virginia Beach Development Authority
(the "Authority"), the plans of Westminster-Canterbury of Hampton Roads, Inc. (the "Company"),
whose current address is 3100 Shore Drive, Virginia Beach, Virginia 23451, acting on its own behalf,
to construct, renovate and equip a 14-story, 164 unit new independent living apartment tower as well
as a covered parking facility, expanded wellness center with an exercise room and pool and an
enlarged auditorium (the "Project"), located at 3100 Shore Drive, in the City of Virginia Beach,
Virginia (the "City"); and
WHEREAS, the Company, in its application and in its appearance before the Authority, has
requested that the Authority issue its residential care facility mortgage revenue bonds under the
provisions of Chapter 643 of the Acts of Assembly of 1964 and the Industrial Development and
Revenue Bond Act, Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended (collectively,
the "Act") in such amounts as may be necessary to finance costs to be incurred in constructing,
renovating and equipping the Project; and
WHEREAS, a public hearing has been held as required by Section 147(0 of the Internal
Revenue Code of 1986, as amended, and applicable provisions of the Code of Virginia of 1950, as
amended (the "Virginia Code").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY THAT:
1. The foregoing recitals are approved by the Authority and are ~ncorporated in, and
deemed a part of this Resolution.
2. It is hereby found and determined by the Authority that (a) provision of financing of
the Project by the Authority will be in the public interest and will benefit the inhabitants of the City
through the promotion of their safety, health, welfare, convenience or prosperity, and (b) the
construction, and renovation and equipping of the Project for the Company in the City will further the
public purposes of the Act and provide a public benefit to the City by, among other things, ensuring
the availability of modem and efficient medical services, care and residence for the aged in accordance
with their special needs.
3. It is hereby found and determined that the Project will constitute a facility for the
residence or care of the aged within the meaning of the Act.
BI-23637 I/HLP NS
6/22/99 1
4 To induce the Company to construct, renovate and equip the Project, the Authority
hereby agrees to cooperate with the Company in the review and evaluation of the application to f'mance
the Project and, subject to the Authority's final approval of the terms and conditions of the financing
of the Project and the offering of the Bonds at a later date, to undertake the issuance of its residential
care facility mortgage bonds therefor in the maximum principal amount of $85,000,000 (the "Bonds")
upon the terms and conditions to be mutually agreed upon by the Authority and the Company. If
finally approved by the Authority, the Bonds will be issued pursuant to an Indenture of Trust and
certmn other documents satisfactory to, and with terms to be approved by, the Authority. The Bonds
will be ~ssued only after the Authority has received the approving opinion of Bond Counsel as to the
qualification of the Bonds under the Act and appropriate certifications and opinions as to the offering
of the Bonds and the disclosure with respect thereto.
5. It having been represented to the Authority that it is necessary to proceed with the
construction, renovation and equipping of the Project, the Authority hereby agrees that the Company
may proceed with the plans for the Project, enter into contracts for the construction, renovation and
equipping of the Project and take such other steps as it may deem appropriate in connection therewith,
prowded that nothing herein shall be deemed to authorize the Company to obligate the Authority
without its consent in each instance to the payment of any moneys or the performance of any acts in
connection with the Project.
6. The Authority hereby agrees to the recommendation of the Company that Willcox &
Savage, P.C., Norfolk, Virginia, be appointed as Bond Counsel and hereby appoints such firm to
supervise the proceeds and approve the issuance of the Bonds.
7. The Authority hereby agrees, if requested, to accept the recommendation of the
Company w~th respect to the appointment of an agent or underwriter for the sale of Bonds pursuant
to the terms to be mutually agreed upon by the Authority and the Company.
8. All costs and expenses in connection with the financing and the construction,
renovation and eqmpping of the Project, including the fees and expenses of Bond Counsel, counsel
for the Authority and the agent or underwriter for the sale of the Bonds shall be paid from the proceeds
of the Bonds (but only to the extent permitted by applicable law) or by the Company. If for any reason
such Bonds are not issued, it is understood that all such expenses shall be paid by the Company and
that the Authority shall have no responsibility therefor.
9. In adopting this Resolution, the Authority hereby declares its "official intent" to issue
the Bonds within the meaning of Treasury Regulation Section I. 150-2 and certifies that, based upon
the Company's application and other evidence available at the time of the adoption of this Resolution,
the Authority reasonably expects that it will use proceeds of the Bonds to reimburse original
expenditures for the Project withing the meaning and contemplation of Treasury Regulation Section
1.150-2 in an amount not expected to exceed $500,000.
10. The Bonds shall be limited obligations of the Authority and shall be payable solely out
of revenues, receipts and payments specifically pledged therefor. Neither the commissioners, officers,
BI-23637 I/HLP NS
6/22/99 2
agents or employees of the Authority, past, present and future, nor any person executing the Bonds,
shall be liable personally on the Bonds by reason of the issuance thereof. The Bonds shall not be
deemed to constitute a general obligation debt or a pledge of the faith and credit of the Commonwealth
of Virginia or any political subdivision thereof, including the City of Virginia Beach and the Authority
and neither the Commonwealth of Virginia nor any such political subdivision thereof shall be
personally liable thereon, nor in any event shall the Bonds be payable out of any funds or properties
other than the special funds and sources provided therefor. Neither the faith and credit nor the taxing
power of the Commonwealth of Virginia, or any political subdivision thereof, including the City of
Virginia Beach, shall be pledged to the payment of the principal of the Bonds or the interest thereon
or other costs incident thereto. The Bonds shall not constitute an indebtedness within the meaning of
any constitutional or statutory debt limitation or restriction.
11. The Authority shall not be liable and hereby disclaims all liability to the Company for
any damages, direct or consequential, resulting from the Authority's failure to issue Bonds for the
Project for any reason, including but not limited to, the failure of the City Council of the City of
Virginia Beach to approve the issuance of the bonds. Nothing herein shall be construed as a
commitment or obligation on the part of the Authority to adopt a final resolution or execute any
documents with respect to the Project.
12. Unless this Resolution is extended by the Authority, the Bonds authorized hereunder
shall be issued within one year from the date hereof or this Resolution shall become void and of no
further force or effect.
13. The Authority hereby recommends that the City Council of the City of Virginia Beach
approve the issuance of the Bonds and hereby directs the Chairman or Vice-Chairman of the Authority
to submit to the City Council of the City of Virginia Beach a reasonably detailed summary of the
comments, if any, expressed at the public hearing, the fiscal impact statement required by Virginia law,
and a copy of this Resolution.
This Resolution shall take effect immediately upon its adoption.
Certified to be a true copy of a Resolution ado
[SEALI
Secretary
BI-23637 I/HLP NS
6/22/99
Exhibit D
CITY OF VIRO~IA BEACH DISVF,~LOPMENT AUT~IOR~TY
ECONOMIC DEVELOPMENT INVESTMENT PROORAM
CONSIDERATION APFLICATIOI~'
I
Name, address and telephone of'the project entity
Wescmin$~er-Cancerbury of I{ampro~ ROad~, Inc. i 3100 Shore Dri__ve;
,
.
lO
1i,
12
13.
_ V_ir_gi~.i.a Beach, ¥ir~nia
Project Ske and/or BuildLng
(a) Indicate approximate size (in acres or square feet) of l:roject site.
14.9 acres
(b) Existing
_ or blew Construction XX
Life-care facility
Do~s the proj~'t involve the lease or purchase of'art exi~tir,$ building(s)
(s) L~e .. Initial Leas~ T crm~
(b) Purct~e ___.
Value of new ileal Estate ~m'~tm~nt $ 66,835,000
Value of new Persoml Property $ ___ 1~250,000
Value ofnew Maahinery and Tools $_
Number ofnew full-time lobs_ 93
I 917 000
Payroll ~ner'atec~ $ ' ,.__ AvsWa~e(notinaludingl:~nt~it~) $ ~0,600
Pa~oH ~~ ~6,000,000 A~ Wagc (~ot including benefits) $ 23,300
Form oforgmization (check one) __~_~ CorporaIioa ____
Propriztorship
Partncrship Sole
Certified financial statement (please enclose)
Disclosure Statement-list of' ail officers and dir~tors of corporatiom If not mcorpora:ed,
pte~se inclic~te the names of ell partners.
Disclosure statement attached.
The Trustees of the provxder are.
.
Appointed by the Episcopal
Diocese:
..
Dr. Laznbuth M Clarke
1508 Buckingham Avenue
Norfolk, VA 23508
Mrs. Margaret Crooks
1512 MeCullough Lane
IVirg_____i_n!a Beach, VA 23454
Mrs. Connie Laws
1713 Bolhng Avenue
Norfolk, VA 23508
The Reverend Charles Joy
St. Andrew's Episcopal Church
I004 Graydon Avenue
Norfolk, VA 23507
Mrs. Emily Filer
4344 'l'horoughgood Lane
Virginia Beach, VA 23455
._
Mr. Tmnmy Kyrus
2973 Shore Drive, #102
Virginia Beach, VA 23451
._
Mr. Peter Meredith, Jr.
Meredith Construction Co.
1 o! 4 w. 24th Street
Norfolk, VA 23517
_
Mr. James T. Hopkins,
6101 Burton Station Road
Norfolk, VA 23502
The Rt. Rev. David C. B~me, Jr.
600 Talbot Hall Road
Norfolk, VA 23505
2. Appointed by the Presbyter)' of
Eastern Virginia:
Dr. Richard J. Keever
1400 Ewell Road
Virginia Beach, VA 23455
._
Mr. George L. Zuidema, Jr.
916 Five Forks Road
Virginia Beach, VA 23455
, .... , _ in
Mr. John R. Morison
5200 Hampton Boulevard
Norfolk, VA 23508
Mr. William J. Fanney
206 59th Street
Virginia Beach, VA 23451
Mr. Frederick V. Martin
5203 Smdeley Avenue
Norfolk, VA 23451
Mr Richard Roberts
1109 South Bay Shore Drive
Virginia Beach, YA 2343 l
, __ w, .... , _
Mr. Robert O. Krebs, Jr.
1140 Wye Lane
Virginia Beach, VA 23451
Mrs. Betty Bu$oiglio
1128 York Lane
Virginia Beach, VA 23455
Dr. Patncm 1-'. Kerns
801 Loudoun Avenue
Portsmouth, VA 23708
1-23a.397 ,/HbP,bel
6117/99
The Officers of the provider are:
Chairman:
Vice Chairman:
Secretary:
Treasurer:
President:
Vine President:
Chief Financial Officer and
Assistant Treasurer:
Mr. Peter Meredith
Meredith Construction Co,
1014 W. 24th Street
Norfolk, VA 23517
Mr. Frederick V. Martin
5203 Studelcy Avenue
Norfolk, VA 23508
, ..
Mrs. Emily Filer
4344 Thoroughgood Drive
Virginia Bcach, VA 23455
Mr. William J. Fanney
206 59th Street
Virginia Beach. VA 23451
,m, .... l ,, ~ _ - .
Mrs. Erie Marie Latimer
3100 Shore Drive
Virginia Beach, VA 23451
..... _ - -~,,
Mrs. Mary, Harrell
3100 Shin e Drive
Virginia Beach, VA 23451
Mr. Charles Starbranch
3100 Shore Drive
Virginia Beach, VA 2't451
~s~~c~ma~ o~ au,~os ~o~s, ~t~c.
President
1-254397 tim L.P',~I4
VIRGINIA
BEACH
City of Virginia Beach Development Authority
Residential Care Facility Mortgage Revenue Bonds
(Westminster-Canterbury of Hampton Roads, Inc.)
Series 1999
Development Authority
One Columbus Center Suite 300
V~rgm~a Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
F Dudley Fulton, Chatr
Stephen W Burke, Vtce-Chatr
W Brantley Bam~ght 11I, Secretary
Kenneth D Barefoot. Treasurer
Ehzabeth A "Betsy" Duke
Robert F Hagans. Jr
Robert G Jones
T~-~uth-~rity recommends approval of the captioned financing. Westminster-Canterbury
of Hampton Roads, Inc. (the "Company") proposes to expand and renovate its present facility by
adding a 14-story residential wing that will complement the existing 14-story structure. The first
four floors of the new wing will provide covered parking for residents and new and enlarged activity
spaces. The remaining ten stories will house 164 new independent living apartments.
The new independent living apartments are designed to meet the current and future market
demands of retirees who desire larger spaces and more amenities than are presently offered in the
current facilities. These apartments will range in size from 1,000 to 1,800 square feet and will
include washers and dryers, dishwashers, garbage disposals and other household amenities that are
not possible to add in the existing building. These units will provide a vital and much needed
addition to the spectrum of residential living alternatives offered by Westminster-Canterbury.
Covered parking was an integral part of the original plans submitted for approval in 1978 but
was deleted for cost reasons. Its addition will solve a long unmet need at the Westminster-
Canterbury community. The new structure will provide parking for at least one car for every
independent living apartment (both current and new) and residents will now be sheltered from the
weather in moving to and from their parked vehicles.
The new and much needed common space will include an expanded wellness facility with
an exercise room and pool. Enlarged activity spaces will include an auditorium that will seat at least
350 people, will face the water and will offer a valuable resource for both residents and community
groups. A separate chapel will also be constructed to help meet the spiritual needs of this church
sponsored community.
Renovations will also be made to the existing facilities which consist of one 14-story
structure with 335 independent living units, assorted meeting and dining rooms, lobbies, lounges and
offices, 53 private assisted living units and a 75-bed health care center. These renovations will
include the reclassification and modification of 56 independent living units to state-of-the-art
assisted living units (all of existing floors 1 and 2), the renovation and upgrade over time of the
remaining 282 independent living units as units change owners and a substantial restructuring of and
improvements to the health care center (loss of 18 assisted living units to create more private rooms
and specialized care), the dining facilities (cafe, casual and private dining rooms) and the common
areas (country store and business service areas). The current facility is located on a site of
approximately 14 acres.
Exhibit F
FISCAL IMPACT STATEM2ENT
DATE
TO
THE CITY COUNCIl. OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME.
Westminster-Canterbury of Hampton Roads, Inc.
TYPE OF FACILITY
Life Care Facility
o
Maximum amount of financing sought
82,000,000
,
Estimated taxable value of the facility's
real property to be constructed in the
municipality
66,895,000
Estimated real property tax per year
using present tax rates
$ 1,200,000
Estimated personal property tax per
year using present tax rates
$ 25,700
Estimated merchant's capital(business
license) tax per year using present
tax rates
Estimated dollar value per year of goods
and services that will be purchased
locally
$ 6,000,000
.
Estimated number of regular employees
on year round basis
351
8 Average annual salary per employee
$ 22,507
The information contained in this Statement is based solely on facts and estimates
provided by the Applicant, and the Authority has made no independent investigation with respect
thereto.
City of Virgjnia~. ~._Development Authority
By
Of Counsel
f
Exhibit G
S~Y StrEET
CITY OF VIRGINIA BEACH DEVI~I,OPMENT AUTHORITY
INDUSTRIAL DEV~.I.OPMENT REVENUE BOND
,
.
PROJECT NAME:
Westminster-Canterbury of Hampton Roads, Inc.
LOCATION: 3100 Shore Drive, Virginia Beach, Virginia, 23451
/wing
DESCRIPTION OFPROJECT: Construction of a new 14-story residentiar with
with parking garage ana extensive renovations to
existing facilities
.
AMOUNT OFBOND ISSUE. $ 82,000,000
PKrNC~ALS: Episcopal Diocese of Southern ?£rgini~
Presbytery of Eastern Virginia, Presayterlan ghurch
,
ZONING CLASSIFICATION:
a. Present zoning classification
of the Property
b. Is rezordng proposed?
c. If so, to what zoning
classification?
B-4 :
Yes No xx
NOTE. THIS DOCUMENT MUST BE ON 8-1/2 x 14 INCH PLAIN BOND PAPER.
DEPARTMENT OF HOUSING AND
NEIGHBORHOOD PRESERVATION
1757) 426 5750
FAX (757) 426 5766
TDD (757) 426 5794
CODE ENFORCEMENT DIVISION
(757) 427 4421
MUNICIPAL CENTER
BUILDING 18A
2424 COURTHOUSE DRIVE
VIRGINIA BEACH VA 23456 9083
July 06, 1999
Chairman, Virg~n.a Beach Development authority
One Columbus Center, Suite 300
V~rg~nia Beach, VA 23462
FAX# 499-9894
Gary Fentress, Esq.
Off~ce of the C~ty Attorney
Municipal Center
FAX# 563-1167
RE'
Evaluation of Public Benefit
Westminister-Canterbury of Hampton Roads, Inc.
Application DA1440 - VBDA Agenda July 20, 1999
I have reviewed the information provided regarding the above referenced project. In
my opinion, the use of the requested bonds to f~nance the proposed project (f~nanc~ng
the construction of 163 new un~ts of ~ndependent I~v~ng, expanded wellness center
and related fac~l~t.es) w~ll prowde a public benefit for the following reason:
The applicable state code, Sec 1 5.2-4901, specifies that authorities are granted
powers regarding "facilities for the residence or care of the aged" and that such
facilities are consistent with the goal of promoting the health and welfare of the
inhabitants of the Commonwealth.
Please let me know ~f you need anything further regard.ng th~s ~ssue.
,
Si e 'ly,
A M. '--
D~rector
Thank you.
L YNNHA V.
V~N ROADS
CHES PEA
Lynnhavef
I BERGEN CT
3 ERIICSEN CT
8EN'~ WAY
5 Creek
A B
-- O!r ALEXANDR'IJ~
D E
VA GRID 2 710 000 FT
B~
F
Jo/ns Map 13
EAT
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;REEN
P~mt G~eens CC
JJ
76'02 3C
- 23 -
Item V-I.2.
RE8 0£ UTION
ITEM # 45322
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrtson, City Counctl APPROVED:
Resolution of endorsement to the Governor and General Assemblyfor the
transportation projects contained in the Metropolitan Planning
Organization (MPO)'s 2020 Transportation Plan, as set forth in the
Hampton Roads Planntng Distrtct Commisston (HRPDC)'s brtefing
package dated 7 July 1999, entitled, "Regional Priority Setting - The
Future of Transportatton in Hampton Roads"; and, requesttng the
Governor and General Assemblyfind appropriate sources of fundtngfor
said projects.
Vottng' 8-2
Councd Members Vottng Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr,
Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf
Nancy K. Parker and Vtce Mayor Wtlham D. Sessoms, Jr
Council Members Voting Nay:
Reba S. McClanan and A. M. "Don" Weeks
Council Members Absent:
Louts R Jones
August 1 O, 1999
Requested by Councilman Louis R. Jones
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A RESOLUTION ENDORSING TO THE GENERAL
ASSEMBLY AND THE GOVERNOR THE TRANSPORTATION
PROJECTS CONTAINED IN THE METROPOLITAN
PLANNING ORGANIZATION'S 2020 TRANSPORTATION
PLAN, AS SET FORTH IN THE HAMPTON ROADS
PIJ~NNING DISTRICT COMMISSION'S BRIEFING
PACKAGE DATED JULY 7, 1999 AND ENTITLED,
~REGIONAL PRIORITY SETTING - THE FUTURE OF
TRANSPORTATION IN HAMPTON ROADS" AND
REQUESTING THE GENERAL ASSEMBLY AND GOVERNOR
TO FIND APPROPRIATE SOURCES OF FUNDING FOR
SUCH PROJECTS
WHEREAS, the timely movement of people, goods, and services
is vital to the economy of Virginia; and
WHEREAS, the movement of people, goods, and services is
facilitated by highways, transit systems, ports, airports, and
other modes of transportation; and
WHEREAS, despite the provision of funding from the federal
government for transportation purposes, the Commonwealth's
transportation program is inadequate to provide future levels of
satisfactory service to our citizens and businesses; and
WHEREAS, the inadequacy of transportation funding is
currently most vismble in northern Virginia and Hampton Roads;
and
WHEREAS, the Hampton Roads Planning District Commission
Metropolitan Planning Organization (MPO) is in the process of
preparing the region's 2020 Transportation Plan, as required by
federal regulations, which Plan is required to be fiscally
constrained and in conformity with applicable air quality
standards; and
WHEREAS, the high-priority regional projects identified by
the MPO, which are set forth in the Hampton Roads Planning
District Commission's Briefing Package dated July 7, 1999 and
entitled, "Regional Priority Setting - the Future of
Transportation in Hampton Roads," include the Southeastern
Parkway and Greenbelt, Regional Rail/Transit Improvements,
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Hampton Roads Crossing, Interstate 64 improvements on the
Peninsula, Route 460, and Midtown Tunnel/Pinners Point/Martin
Luther King Freeway Extension; and
WHEREAS, the aforesaid projects are expected to cost a total
of an additional $7.2 billion, with little funding for the
projects; and
WHEREAS, as an integral part of the 2020 plan, a reasonable
funding mechanism must be forwarded by the Metropolitan Planning
Organization or all federal government support for transportation
in Hampton Roads will cease until such time as a plan is
provided; and
WHEREAS, air quality conformity will require that most, if
not all, of the aforesaid major unfunded projects be constructed;
NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Council of the City of Virginia Beach hereby
endorses to the General Assembly and to the Governor the
aforesaid transportation projects contained in the Metropolitan
Planning Organization's 2020 Transportation Plan.
BE IT FURTHER RESOLVED BY CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the General Assembly and Governor are hereby requested
to find appropriate sources of funding for such projects so as to
provide air quality conformity and to improve the mobility of
people, goods and services to the end that the region, and the
Commonwealth, will continue to thrive.
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Adopted by the City Council of the City of Virginia Beach,
Virginia on the 10th day of Auqust
, 1999.
CA-99-7452
wmm~ordres ~ transproj ect2. res
R-2
August 3, 1999
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- 24 -
Item V-J. 1.
ORDINANCES
ITEM # 45323
Upon motton by Vice Mayor Sessoms, seconded by Councilman Branch, Ctty Counctl ADOPTED:
Ordinance to AMEND Sectton 2-398 of the City Code, DELETING the
reference to Section 151-437 of the Vtrgtnia Code; and,
SUBSTITUTING a new reference to Sectton 15.2-2212 of the Vtrginia
Code re Planning Commission Members
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L Eure, William W Harrison, Jr,
HaroM Heischober, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Vottng Nay:
None
Counctl Members Absent'
Louts R Jones
August 1 O, 1999
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AN ORDINANCE TO AMEND SECTION 2-398 OF
THE CITY CODE BY DELETING THE REFERENCE
TO SECTION 15.1-437 OF THE CODE OF
VIRGINIAAND SUBSTITUTING A NEW REFERENCE
TO SECTION 15.2-2212 OF THE CODE OF
VIRGINIA
SECTION AMENDED: § 2-398
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 2-398 of the City Code is hereby amended and
reordained to read as follows:
Sec. 2-398. Removal of members.
In addition to the grounds for removal from office of any
member of the planning commission set forth in section 15.1 437
15.2-2212 of the Code of Virginia, a failure to attend three (3)
consecutive meetings, called or regular, of the planning commission
shall constitute cause for removal.
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Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 10th day of August, 1999.
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CA-7416
DATA/ORD IN / PRO POSED / 02 - 398. ORD
R3
July 6, 1999
- 25 -
Item V-J.2.
ORDINANCES
ITEM # 45324
Upon motion by Vice Mayor Sessoms, seconded by Councdman Branch, City Counctl ADOPTED:
Ordinance to ACCEPTandAPPROPRIATE $2,259,871 tn State Grants
to the Virginia Beach Public Schools' FY 1999-2000 Operating Budget
re increased funding for prevtously approved grant awards, local
educational reform efforts and class size reduction, and, tncrease
estimated revenues accordingly
Voting'
10-0 (By Consent)
Council Members Voting Aye'
Linwood O. Branch, III, Margaret L Eure, Wdliam W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker, Vtce Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Councd Members Voting Nay
None
Council Members Absent'
Louis R. Jones
August 10, 1999
AN ORDINANCE TO ACCEPT AND APPROPRIATE
GRANTS IN THE AMOUNT OF $2,259,871 FROM THE
COMMONWEALTH OF VIRGINIA TO THE FY 1999-
2000 OPERATING BUDGET OF THE SCHOOL
DIVISION
WHEREAS, the City Council on May 11, 1999 appropriated $27,440,384 in the FY 1999-
7 2000 Operating Budget to the School Grants Fund;
WHEREAS, since that date the Virginia Beach School Division has been notified of
9 $194,597 in funding increases for state grant awards already appropriated in the FY 1999-2000
10 Operating Budget;
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WHEREAS, the Commonwealth of Virginia has awarded new grants to the School
Division from the Virginia School-to-Work Program ($851,862) and the Federal Class Size
Reduction Program ($1,213,412); and
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WHEREAS, the School Board has adopted resolutions supporting these grant programs,
obligating the School Division to providing the necessary grant matches within their FY 1999-
2000 Operating Budget, and the School Board has requested that the City appropriate the grant
funds for these programs.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
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1. That the grants totaling $ 2,259,871 are hereby accepted from the Commonwealth
of Virginia and appropriated to the FY 1999-2000 School Grants Fund for purposes consistent
22 with the terms of the grants.
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2. That estimated revenue from the Commonwealth of Virginia is hereby increased
24 in the amount of $ 2,259,871.
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Adopted by the Council of the City of Virginia Beach, Virginia, on the l0th day of
August, 1999.
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Requtres an affirmative vote by a majority of the members of Ctty Counctl.
CA-7454
ORDIN/NONCODE/CLASS REDUCTION GRANT. ORD
AUGUST 4, 1999
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APPROVED AS TO CONTENT:
Management Serwces
APPROVED AS TO LEGAL
SUFFICIENCY:
C~ty Attorney's li~e
- 26-
Item V-J.3.
ORDINANCES
ITEM # 45325
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, Ctty Counctl ADOPTED:
Ordtnance to ACCEPT and APPROPRIATE $611,247 tn Section 8
revenue from the U.S. Department of Houstng and Urban Development
(HUD) to the Housing and Neighborhood Preservation FY 1999-2000
Operating Budget re continuance of the Section 8 Rental Subsidies
program; and, increase esttmated revenues accordingly.
Voting:
10-0 (By ConsenO
Counctl Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Reba $. McClanan, Mayor
Meyera E. Oberndorf Nancy K. Parker, Vice Mayor Wtlham D.
Sessoms, Jr and A. M "Don" Weeks
Counctl Members Voting Nay.
None
Council Members Absent:
Louts R. Jones
August 1 O, 1999
AN ORDINANCE TO ACCEPT AND
APPROPRIATE $611,247 IN SECTION 8
REVENUE FROM THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT TO THE
FY 1999-2000 OPERATING BUDGET OF THE
DEPARTMENT OF HOUSING AND
NEIGHBORHOOD PRESERVATION TO
CONTINUE THE SECTION 8 RENTAL
SUBSIDIES PROGRAM
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WHEREAS, the Virginia Beach Department of Housing and
11 Neighborhood Preservation receives Federal funding through the
12 Section 8 Rental Assistance Subsidy program administered through
13 the United States Department of Housing and Urban Development (HUD)
14 to provide rental assistance to low and moderate income families;
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WHEREAS, the original subsidy agreements between HUD and
16 property owners are expiring, allowing property owners to raise
17 rents, which could create financial hardships for the residents of
18 these properties; and
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WHEREAS, Congress has authorized special Section 8 rental
20 assistance funds to address the problem of increasing rents for the
21 properties.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
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1. That $ 611,247 in federal section 8 rental subsidy
25 revenue is hereby accepted from the U. S. Department of Housing and
26 Urban Development and appropriated to the FY 1999-2000 Operating
27 Budget of the Department of Housing and Neighborhood Preservation
28 for the purpose of continuing rental subsidies to residents of
29 property with expiring Section 8 Rental Assistance Subsidy Program
30 agreements.
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2. That estimated revenue from the federal government
32 is hereby increased in the amount of $ 611,247.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 10th day of August , 1999.
Requires an affirmative vote by a majority of the members
of the City Council.
CA-7451
ORDIN~NONCODE~PRINCETON LAKES.
R2
AUGUST 3, 1999
ORD
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
U. S. Department of Housing & Urban Development
JUN - 9 1999
V~rg~ma State Office
The 3600 Centre, State 372
3600 W Broad Street
Pdclunond, VA 23230-4920
1-800-842-2610
Mr Andrew Friedman
Director, Department of
Housing and Neighborhood Preservation
Princess Anne Park
Municipal Center, Bldg #18A
Virginia Beach, VA 23456-5766
SUBJECT Notification of Award for Princeton Lakes Apartments
This letter Is to formally notify your agency that the City of Virginia Beach has been
awarded Certificates to assist the residents of Pnnceton Lakes as follows
Certificates Budget Authority
125 $709,290
The Annual Contributions Contract (ACC) is being prepared and will be the subject of
separate correspondence The effective date is August 1, 1999 We appreciate your agreeing to
admimster these Opt-Out Certificates so that the residents of Pnnceton Lakes do not lose their
assistance
If you have questions or need further assistance, please contact me at 804-278-4500
Sincerely,
Patricia W Anderson
Director
Office of Public Housing
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Item V-J.4.
ORDINANCES
ITEM # 45326
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, Ctty Counctl ,4DOPTED:
Ordtnance to ,4 CCEPT and ,4PPROPRI,4 TE $83,740from the Federal
Emergency Management Agency (FEM,4) to the Ftre Department FY
1999-2000 Operating Budget re support of operations of the FEMA
Urban Search and Rescue Team, Virginia Task Force No. 2, and,
tncrease estimated revenues accordingly
Voting:
10-0 (By Consent)
Council Members Vottng Aye:
Linwood O. Branch, III, Margaret L Eure, William W Harrison, Jr,
HaroM Heischober, Barbara M Henley, Reba S McClanan, Mayor
Meyera E. Oberndorf Nancy K Parker, Vice Mayor Wilham D
Sessoms, Jr. and A M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent'
Louis R. Jones
August 1 O, 1999
AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT
IN THE AMOUNT OF $83,740 FROM THE FEDERAL
EMERGENCY MANAGEMENT AGENCY (FEMA) TO THE FIRE
DEPARTMENT'S FY 1999-00 OPERATING BUDGET TO
SUPPORT THE OPERATIONS OF THE FEMA URBAN
SEARCH AND RESCUE TEAM, VIRGINIA TASK FORCE
NO.2
WHEREAS, the Federal Emergency Management Agency (FEMA)
9 provides annual grants to localities sponsoring Urban Rescue Teams;
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WHEREAS, the City of Virginia Beach, as the sponsoring
11 locality for Virginia Task Force No. 2, an Urban Search and Rescue
12 Team authorized by FEMA, has been awarded a grant in the amount of
13 $83,740; and
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WHEREAS, the grant will be used for the maintenance of
15 equipment, the purchase of additional equipment, and the training
16 of personnel.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
18 OF VIRGINIA BEACH, VIRGINIA:
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1. That a grant in the amount of $83,740 is hereby
20 accepted from the Federal Emergency Management Agency and
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appropriated to the Fire Department's FY 1999-00 Operating Budget
for maintenance of equipment, the purchase of additional equipment,
23 and the training of personnel for the FEMA Urban Search and Rescue
24 Team, Virginia Task Force No 2.
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2. That estimated revenue from the federal government
26 is hereby increased in the amount of $83,740.
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Adopted the 10th day of August 1999, by the Council of the
28 City of Virginia Beach, Virginia.
29 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
30 SUFFICIENCY:
34 CA-7447
35 DATA/ORDIN/NONCODE/FEMA GRANT $83,740.0RD
36 JULY 28, 1998
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Item V-J. 5.
ORDINANCES
ITEM # 4532 7
Upon motion by Vice Mayor Sessoms, seconded by Councdman Branch, City Councd ADOPTED:
Ordinances re compensatton for the City Council Appointees:
Ctty Manager 4 5% $143,102. O0
Ctty Attorney 9. 0% 125, 000. O0
City Clerk 4 5% 65, 046. O0
City Real Estate Assessor 6.17%
80,000.00
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrtson, Jr,
Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Vottng Nay.
None
Councd Members Absent:
Louts R. Jones
August 10, 1999
AN ORDINANCE PERTAINING TO THE
COMPENSATION OF THE CITY MANAGER
WHEREAS, City Council has evaluated the performance of
4 the City Manager; and
WHEREAS, based upon this evaluation, City Council has
6 determined that an increase in the City Manager's compensation
7 would be appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
9 OF VIRGINIA BEACH, VIRGINIA:
10
That effective December 1, 1999, the salary of the City
11 Manager is hereby increased by four and one-half percent (4.5%)
12 from $136,939.00 annually to $143,102.00 annually.
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Adopted by the Council of the City of Virginia Beach,
14 Virginia, on the 10th day of August
, 1999.
CA- 7456
ORDIN\NONCODE[ COMPENSATION. JKS
AUGUST 5, 1999
Ri
APPROVED AS TO
LEGAL SUFFICIENCY
AN ORDINANCE PERTAINING TO THE
COMPENSATION OF THE CITY ATTORNEY
WHEREAS, City Council has evaluated the performance of
4 the City Attorney; and
WHEREAS, based upon this evaluation, City Council has
6 determined that an increase in the City Attorney's compensation
7 would be appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
9 OF VIRGINIA BEACH, VIRGINIA:
10
That effective November 1, 1999, the salary of the City
11 Attorney is hereby increased by nine percent (9%) from $114,662.00
12 annually to $125,000.00 annually.
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Adopted by the Council of the City of Virginia Beach,
14 Virginia, on the 10th day of August
, 1999.
CA-7457
ORDIN\NONCODE\COMPENSATION.LLL
AUGUST 5, 1999
R1
APPROVED AS TO
LEGAL SUFFICIENCY
AN ORDINANCE PERTAINING TO THE
COMPENSATION OF THE CITY CLERK
WHEREAS, City Council has evaluated the performance of
4 the City Clerk; and
WHEREAS, based upon this evaluation, City Council has
6 determined that an increase in the City Clerk's compensation would
7 be appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
9 OF VIRGINIA BEACH, VIRGINIA:
10
That effective November 16, 1999, the salary of the City
11 Clerk is hereby increased by four and one-half percent (4.5%) from
12 $62,245.00 annually to $65,046.00 annually.
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Adopted by the Council of the City of Virginia Beach,
14 Virginia, on the 10th day of August
, 1999.
CA-7459
ORDIN\NONCODE\COMPENSATION.RHS
AUGUST 5, 1999
R1
APPROVED AS TO
LEGAL SUFFICIENCY
AN ORDINANCE PERTAINING TO THE
COMPENSATION OF THE CITY REAL ESTATE
ASSESSOR
WHEREAS, City Council has evaluated the performance of
5 the City Real Estate Assessor; and
WHEREAS, based upon this evaluation, City Council has
7 determined that an increase in the City Real Estate Assessor's
8 compensation would be appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
10 OF VIRGINIA BEACH, VIRGINIA:
11
That effective March 1, 2000, the salary of the City Real
12 Estate Assessor is hereby increased by six and seventeen one-
13 hundredths percent (6.17%) from $75,349.00 annually to $80,000.00
14 annually.
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Adopted by the Council of the City of Virginia Beach,
16 Virginia, on the 10th day of August
, 1999.
CA-7458
ORDIN\NONCODE\COMPENSATION.JB
AUGUST 5, 1999
R1
APPROVED AS TO
LEGAL oUFFtC u:,,.,'
- 29 -
Item V-J. 6.
ORDINANCES
ITEM # 45328
Upon motion by Vice Mayor Sessoms, seconded by Councdman Branch, City Council APPROVED:
License Refunds - $23,216.26
Voting: 10-0 (By Consent)
Council Members Voting .dye:
Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Reba S McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor Wdham D.
Sessoms, Jr. and A M. "Don" Weeks
Council Members Voting Nay.
None
Council Members Absent'
Louis R Jones
August 10, 1999
FORM NO C A. 8 REV 3~86
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
That the following applications for hcense refunds, upon certiflcabon
of the Commissioner of the Revenue are hereby approved-
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
ACE SHEET METAL WORKS INC
APOLLO REALTY INC
BAYNOR ELI L
BOUNDS KEVIN B
BROCKLEY CHARLES L
BURGESS MARVIN F
CARRINGTON VIRGINIA G
CHOICE CUP INC
PROFESSIONAL SALES ESTABLISHMENT LTD
SNELLINGS ANDREW PAUL SR
07/27/99 AUDIT 261 82 30 58 292 40
07123/99 AUDIT 20 15 3 47 23 62
07/29/99 AUDIT 10 00 I 17 11 17
07/28/99 AUDIT 35 87 0 00 35 87
07/28/99 AUDIT 10 00 0 00 10 00
1999 07~30~99 3 01 0 00 3 01
1999 07~29~99 11 61 0 00 11 61
07~29/99 AUDIT 1,137 06 43 92 1,180 98
1999 07/30/99 2 83 0 00 2 83
1999 07/27/99 12 91 0 00 12 91
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling
$1 ~584.40
City of Virginia Beach on the
loth
Certified as to payg~ent: ..
PhdipQ. Keli~
Commissioner of the Revenue
City Attorney
were approved by the Council of the
day of A.~.,, ~ t- ~1999
Ruth Hodges Smith
City Clerk
FORM NO C A 8 REV 3/~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
ACOUSTIC CEILINGS INC
AHCA REHABILITATION SERVICE INC
ANIMATED INVESTMENTS LC
ASFARI INC
BENDER NANCY
BIONDO MARY M
BLAIR BARBARA A & MICHAEL
BOYER SEAN WESLEY
CENTER OF MUSIC INC
COATER COMPANY INC THE
CONSTRUCTION SYSTEM OF VIRGINIA
COPELAND SEAN MICHAEL
GAY CHARLES M
GUINN DANIEL H SR
HARRISON DARRELL J
HEALTHRIDER ACQUISITION CORP
JUMBOSPORTS INC
M K GARRE'I-r CONSTRUCTION INC
MIKES LAWN SERVICE INC
P B M INC
PERRY BRIAN J
ROSARIO NESSOR L
RAMSE¥ CHARLES W
RJM ENTERPRISES INC
VICTORIAN CORPORATION
WIDENER CORPORATION THE
YOUNG DAVID E
YOUSUFI & ASSOCIATES INC
07/21/99 AUDIT 50 00 0 00 50 00
07120199 AUDIT 2,258 05 263 33 2,521 38
07/19/99 AUDIT 8 93 I 04 9 97
07/14/99 AUDIT 1,885 76 106 64 1,992 40
07/21/99 AUDIT 83 14 6 39 89 53
1999 07/14/99 89 15 0 00 89 15
07/22/99 AUDIT 10 00 0 00 10 00
07/14/99 AUDIT 10 00 0 00 10 00
07/21/99 AUDIT 110 55 12 89 123 44
1999 07/06/99 6 37 0 00 6 37
07/16/99 AUDIT 550 00 0 00 550 00
1999 07/19/99 8 33 0 00 8 33
07/20/99 AUDIT 50 00 5 83 55 83
07/21/99 AUDIT 50 00 0 00 50 00
1999 07/13/99 6 33 0 00 6 33
07/16/99 AUDIT 243 03 0 00 243 03
07/13~99 AUDIT 11,795 66 294 95 12,090 61
07/21/99 AUDIT 176 00 32 62 208 62
07/13/99 AUDIT 10 00 0 25 10 25
07/14/99 AUDIT 97 10 30 74 127 84
07/22199 AUDIT 1,546 39 193 22 1,739 61
1999 07/22/99 8 33 0 00 8 33
1999 07/20/99 17 92 0 00 17 92
1999 07~23~99 12 26 0 00 12 26
07/14/99 AUDIT 20 00 0 00 20 00
07/14/99 AUDIT 1,327 50 178 54 1,506 04
1999 07/13/99 10 00 0 00 10 00
1999 07/05~99 64 62 0 00 64 62
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling
City of Virginia Beach on the
$21,631.86
10th
Certified as to pa. ym~nt:
Ph~hp'3. Kel~am "" ""
Commismoner of the Revenue
--Lesi~e L. L~lley
C~ty Attorney
were approved by the Council of the
day of A,o,~.~- ,19 99
Ruth Hodges Smith
CIty Clerk
- 30-
Item V-K.
PUBLIC HEARING
ITEM # 45329
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on'
PLANNING
1. RONALD AND VIRGINIA WILLIAMS
VARIANCE
2. ROBERT STEINHILBER
VARIANCE
CONDITIONAL USE PERMIT
3. ARGOS PROPERTIES, LLC.
VARIANCE
CONDITIONAL CHANGE OF
ZONING
4. BECO BUILDING ASSOCIATES,
A VIRGINIA GENERAL PARTNERSHIP
VARIANCE
CONDITIONAL CHANGE OF
ZONING
5. ROCK CHURCH
CONDITIONAL USE PERMIT
6. FA THYA. ABDOU
CONDITIONAL CHANGE OF
ZONING
August 1 O, 1999
- 31 -
Item V-K.
PUBLIC HEARING
ITEM # 45330
PLANNING
Upon motton by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPRO VED IN ONE
MOTION, Item 1, 2, 5 and 6 of the PLANNING BY CONSENTAGENDA
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, Wtlliam W. Harrison, Jr.,
Harold Heischober, Barbara M Henley, Reba S. McClanan, Mayor
Meyera E Oberndorf Nancy K. Parker, Vice Mayor Wtlliam D. Sessoms,
Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent.
Louis R Jones
August 1 O, 1999
- 32 -
Item V-K.1.
PUBLIC HEARING
ITEM # 45331
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, Ctty Council APPROVED an
Ordinance upon application of RONALD and VIRGINIA WILLIAMS for a Variance to Section 4.4(b) of
the Subdivision Ordtnance to allow the creatton of one lot that does not meet the required lot width of the
R-40 Residenttal District.
Appeal to Decisions of Admtmstrative Officers tn regard to certatn
elements of the Subdiviston Ordtnance, Subdiviston for Ronald & Virginia
Williams Property is located on the west side of River Road, 427.56feet
South of North Rtver Road (GPIN #1499-52-7295) DISTRICT 5 -
L YNNHA VEN.
The following conditions shall be required
1 All conditions of the Chesapeake Bay Preservatton Ordinance
Board action are apphcable.
2. The final plat shall be submitted to the Development Services
Center for approval and recordation.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
Ltnwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr,
HaroM Heischober, Barbara M Henley, Reba S. McClanan, Mayor
Meyera E Oberndorf, Nancy K. Parker, Vice Mayor Wtlliam D. Sessoms,
Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
August 10, 1999
Item V-K.2.
- 33 -
PUBLIC HEARING
ITEM # 45332
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED a
Variance to Section 4. l (m)(1) of the Subdivision Ordinance whtch requires a minimum 30-footpavement
width for the proposed cul-de-sac and Ordinance upon application of ROBERT STEINHILBER for a
Conditional Use Permit:
Appeal to Dectsions of Admtmstrative Officers in regard to
certain elements of the Sub&vision Ordtnance, Subdivision for
Robert Steinhilber. Property is located on the east stde of
Blackwater Road north of the intersection with Indian Creek
Road. Parcel is located at 5924 Blackwater Road PRINCESS
ANNE - DISTRICT 7
AND,
ORDINANCE UPON APPLICATION OF ROBERT STEINHILBER FOR
A CONDITIONAL USE PERMITR08992290
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Robert Steinhilber for a Conditional Use
Permit for an alternative residential development on the east stde of
Blackwater Road, north of the intersection wtth Indian Creek Road. Said
parcel ts located at 5924 Blackwater Road and contatns 82 202 acres more
or less. PRINCESS ANNE-DISTRICT 7.
The followtng conditions shall be required.
No more than two (2) access points shall be permitted onto
Blackwater Road. These shall include one (1) entrance for the
Shirley homesite and one (1)for the cul-de-sac whtch will serve
the remaining stx ('6) lots.
.
A suitable legal instrument restricttng the development of the
property to no more than six residential lots shall be submttted
with the final subdiviston plat, and shall be recorded tn the
Clerk's office of the Ctrcuit Court. The content and form of such
instrument shall be acceptable to the City Attorney. (A
subchvtston creating the Shirley homestte, constituting the
seventh lot, was prevtously recorded.)
3. All area below the four (4)-foot contour shall be gifted to the
Nature Conservancy, as volunteered by the applicant.
A fifty (50)-foot buffer, as described in the Comprehensive Plan,
shall be tnstalled along all residential property lines where they
abut an acttve agricultural operatton The required buffers shall
be planted prior to occupancy of the residenttal lots
5. The drainage ditch along Blackwater Road shall be moved East
at least ten feet (109.
The subdivision shall adhere to the revised plan entitled,
"Subdtvtsion Plan of Shirley Property - Blackwater Road -
Shirley Property, "by Mel Smith and Associates and revised 23
July 1999.
August 1 O, 1999
- 34 -
Item V-K.2.
PUBLIC HEARING
ITEM # 45332 (Continued)
PLANNING
This Ordinance shall be effective in accordance with Section 107 ~ of the Zoning Ordtnance
Adopted by the Council of the City of Virgima Beach, Virginia, on the Tenth of August, Ntneteen Hundred
and Ntne~-Nine
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf Nancy K Parker, Vice Mayor Wilham D. Sessoms,
Jr and A. M. "Don" Weeks
Counctl Members Voting Nay:
None
Council Members Absent:
Louis R Jones
August 1 O, 1999
Item V-K.3.
- 35-
PUBLIC HEARING
ITEM # 45333
PLANNING
Attorney Tasos A. Gahotos, represented the applicant and &splayed the site plan of the proposed Foxfire
Square Shopping Center (Food Lion)
Bernard J. Byrne, 2728 Esplanade Court, Phone' 430-0571, represented the Foxfire Civtc League and
spoke in OPPOSITION
A MOTION was made by CouncilLady Eure, seconded by Councilman Weeks to DEFER INDEFINITELY
Applications of ARGOS PROPERTIES, LLC for a Variance to Section 5B of the &te Plan Ordinance,
Floodplain Regulations and Ordtnance for a Condttional Change of Zontng
~tlng:
5-5 (MOTION LOST TO A TIE VOTE)
Counctl Members Voting Aye:
Linwood 0 Branch, III, Margaret L. Eure, Harold Heischober, Reba S
McClanan and A. M. "Don" Weeks
Counctl Members Voting Nay:
William W. Harrison, Jr, Barbara M. Henley, Mayor Meyera E
Oberndorf Nancy K. Parker and Vtce Mayor Willtam D Sessoms, Jr.
Council Members Absent:
Louis R Jones
August 10, 1999
Item V-K.3.
- 36-
PUBLIC HEARING
ITEM # 45333 (Continued)
PLANNING
Upon motion by Councd Lady Henley, seconded by Vice Mayor Sessoms, City Councd DENIED
Apphcations of ARGOS PROPERTIES, LLC. for a Variance to Section 5B of the Site Plan Ordtnance,
Floodplain Regulations and Ordinance for a Conditional Change of Zoning.
AND,
Application of Argos Properttes, L L. C., for a Variance to Section 5B of the
&te Plan Ordinance, Floodplain Regulations, on certain property located
at the southwest corner of Princess Anne Road and Seaboard Road.
PRINCESS ANNE- DISTRICT 7
ORDINANCE UPON APPLICATION OF ARGOS PROPERTIES, L.L.C.,
FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TION FR OMA G-2
AND B-2 TO CONDITIONAL B-2
Or&nance upon application of Argos Properties, L.L.C., for a Change of
Zoning District Classtfication from AG-2 Agricultural Dtstrict and B-2
Community Business District to Condittonal B-2 Community Bustness
Dtstrtct on certain property located at the southwest corner of Princess
Anne Road and Seaboard Road Theproposedzoning classificatton change
to Condittonal B-2 is for commerctal retail land use. The Comprehensive
Plan designates thts site as being in the Transitton Area. The Transition
area use of this parcel is planned for appropriate growth opportunities,
conststent with the economic vitahty policies of Virginia Beach Satd parcel
contatns 8 84 acres. DISTRICT 7 - PRINCESS ANNE.
Voting: 7-3
Counctl Members Vottng Aye:
Wdliam W. Harrison, Jr., Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms,
Jr and A. M. "Don" Weeks
Cotmctl Members Voting Nay:
Lmwood 0 Branch, III, Margaret L. Eure and Harold Heischober
Council Members Absent:
Louts R. Jones
August 10, 1999
-37-
Item V-K. 4.
PUBLIC HEARING
ITEM # 45334
PLANNING
Attorney R. E. Bourdon, Pembroke One, Phone. 499-8971, represented the applicant, and displayed the site
plan for "Princess Anne Woods ".
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED
Ordinances upon application of BECO BUILDING ASSOCIATES, a Virginia General Partnership, for
a Variance to Section 4.4(b)(1) of the Subdivision Ordinance which requires that all lots meet lot width
requirements re four (4) non-compliance lots in aproposed sub&vision of 128 single-famdy residential lots.
and Conditional Change of Zoning:
Appeal to Decisions of Administrative Officers tn regard to certain
elements of the Subdivision Ordinance, Subdivision for Beco Building
Associates, a Virginia General Partnership. Property ts located bn the
north side of Princess Anne Road, beginning at a point 800feet more or
less west of Seaboard Road. PRINCESS ANNE - DISTRICT 7
AND,
ORDINANCE UPONAPPLICA TION OF BECO B UILDING ASSOCIA TES,
A VIRGINIA GENERAL PARTNERSHIP, FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 AND R-20 to
CONDITIONAL R-lO Z0899 1141
BE IT HE~B Y ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Beco Building Associates, a Virginia
General Partnership, for a Change of Zomng District Classification from
AG-1 and AG-2 Agricultural Districts and R-20 Residential District to
Conditional R-10 Residential District on certain property located on the
north side of Princess Anne Road beginning at apoint 800feet more or less
west of Seaboard Road. The proposed zoning classification change to
Conditional R-10 is for single famdy residential land use on lots no less
than 10,000 square feet. The Comprehensive Plan recommends use of this
parcel for suburban residential~low density at densities that are compatible
with single-family use in accordance with other Plan polices Said property
contains 101.5 acres. PRINCESS ANNE - DISTRICT 7.
The following conditions shall be required:
Proffer #I was amended to clarify that the maximum number of
units will be 128 The detailed engineering and surveying of the
project has not been completed
.
Proffer #5 was amended to require split rail fencing on both
sides of the walkingpaths that provide access to the Open Space
areas
Proffer #6 has been amended to provide a reservation of a 50-
foot public right-of-way onto Seaboard Road for a second
entrance to the sub&vision, aligned with Smokehouse Road If
Seaboard Road is eventually improved to Ferrell Parkway, this
connection will greatly improve access to the proposed
sub&vision. The terms of the reservation agreement, however,
have not been specified. The City should not be required to
purchase or improve this entrance as the need ts generated by
the proposed subdivision. The application should be deferred
and Proffer g6 revised to state that the entrance will be dedicated
and improved by the applicant.
4. Other proffers shall remain as stated tn the Planmng
Commission verbatim.
August 10, 1999
- 38 -
Item V-K.4.
PUBLIC HEARING
ITEM # 45334 (Continued)
PLANNING
This Ordinance shall be effective in accordance wtth Section 107 (D of the Zomng Or&nance.
Adopted by the Council of the City of Virginia Beach, Virgtnta, on the Tenth Of August, Nineteen Hundred
and NtneN-Ntne
Voting: ~3
Council Members Voting Aye:
Lmwood O. Branch, III, Margaret L Eure, William W Harrison, ,Ir,
Harold Heischober,, Reba S McClanan, Vice Mayor Wilham D. Sessoms,
,Ir. and A. M "Don" Weeks
Council Members Voting Nay.
Barbara M Henley, Mayor Meyera E Oberndorf and Nancy K. Parker
Council Members Absent'
Louts R. Jones
August 10, 1999
~%~ City of Virginia Beach
.~I.~ INTER-OFFICE CORRESPONI>ENCE
In Reply Refer To Our File No. DF-99-4686
DATE: August 4, 1999
TO: Leslie L. Lilley DEPT: City Attorney
FROM: William M. Macali ~ DEPT: City Attorney
Conditional Zoning Application
Beco Building Associates, et als
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on August 10, 1999. I have reviewed the subject conditional zoning agreement,
dated April 29, 1999, and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
WMM
Enclosure
PREPARED BY
~KES CARNES BOURDON
& AHERN PC
ATTORNEYS ATLAW
BECO BUILDING ASSOCIATES, a Vlrg~ma General Parmersh~p
LARRY MARSHALL and JENNIFER MARSHALL, husband and w~fe
FLOYD W. OWENS, FRANK OWENS and MICHAEL J. McDERMOTT
MARVA CASON MITCHELL
JOHN H. COSTON and GLORIA F. COSTON, husband and wife
MARY L. HUNT, widow
PATRICIA V. BARNES
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a mumc~pal corpqrat~on of the Commonwealth of V~rg~ma
THIS AGREEMENT, made this 29~ day of April, 1998, by and between BECO BUILDING
ASSOCIATES, a Virgima general partnership, GRANTOR, party of the first part; LARRY
MARSHALL and JENNIFER MARSHALL, husband and wife, GRANTORS, part,es of the second
part; FLOYD W. OWENS, FRANK OWENS, and MICHAEL J. McDERMOTT, GRANTORS,
parties of the third part; MARVA CASON MITCHELL, GRANTOR, party of the fourth part; JOHN
H. COSTON and GLORIA F. COSTON, husband and wife, GRANTORS, parties of the fifth part;
MARY L. HUNT, widow, GRANTOR, party of the sixth part; PATRICIA V. BARNES, GRANTOR,
·
party of the seventh part; and THE CITY OF VIRGINIA BEACH, a mumc~pal corporation of the
Commonwealth of Virginia, GRANTEE, party of the eighth part.
WITNESSETH'
WHEREAS, the party of the second part is the owner of a certain parcel of property located in
the Princess Anne District of the City of Virginia Beach, containing approximately 3.225 acres and
described as "Parcel One" in Exhibit "A" attached hereto and incorporated herein by this reference.
Said parcel along with the other parcels herein described are hereinafter collectively referred to as the
"Property"; and
WHEREAS, the parties of the third part are the owners of a certain parcel of property located in
the Princess Anne District of the C~ty of Virgima Beach, containing approximately 24 acres and
described as "Parcel Two" in Exhibit "A" attached hereto and incorporated herein by this reference.
Said parcel along with the other parcels herein described are hereinafter collectively referred to as the
"Property"; and
WHEREAS, the party of the fourth part ~s the owner of a certain parcel of property located in
the Princess Anne District of the City of Virg~ma Beach, containing approximately I acre and
described as "Parcel Three" in Exhibit "A" attached hereto and incorporated hereto by thts reference.
Said parcel along with the other parcels herein described are hereinafter collectively referred to as the
"Property"; and
-1-
PREPARED BY
YKES CARNES BOURDON
& AHERN PC
A'I'I'ORNEYSATLAW
WHEREAS, the parties of the fifth part are the owners of three (3) certain contiguous parcels of
property located in the Pnncess Anne D~strict of the C~ty of V~rg~ma Beach, containing approximately
19.94 acres, 1.94 acres and 1.85 acres respectively and described as "Parcel Four", "Parcel F~ve" and
"Parcel S~x" in Exhibit "A" attached hereto and ~ncorporated here~n by th~s reference Sa~d parcels
along with the other parcels here~n described are hereinafter collectively referred to as the "Property";
and
WHEREAS, the party of the sixth part is the owner of a certain parcel of property located ~n the
Pnncess Anne District of the C~ty of Virg~ma Beach, containing approximately 53.7 acres and
described as "Parcel Seven" in Exhibit "A" attached hereto and ~ncorporated herein by th~s reference.
Sa~d parcel along with the other parcels herein described are hereinafter collectively referred to as the
"Property"; and
WHEREAS, the party of the seventh part is the owner of a certain parcel of property located In
the Princess Anne D~strict of the C~ty of V~rg~ma Beach, containing approximately 0.79 acres and
described as "Parcel Eight" in Exhibit "A" attached hereto and incorporated herein by this reference.
Said parcel along with the other parcels herein described are hereinafter collectively referred to as the
"Property"; and
WHEREAS, the party of first part being the contract purchaser of the e~ght (8) parcels
described herein containing a total of approximately 101.5 acres whmh are hereinafter collectively
referred to as the "Property", has initiated a conditional amendment to the Zomng Map of the C~ty of
Virginia Beach, V~rginia, that petition addressed to the GRANTEE so as to change the Zoning
Classifications of the subject properties from AG-I, AG-2 and R-20 to R-10 Residential D~stnct; and
WHEREAS, the GRANTEE'S policy ~s to prowde only for the orderly development of land for
various purposes through zoning and other land development legislation; and
WHEREAS, the GRANTORS acknowledge that the competing and sometimes incompatible
uses conflict and that in order to permit differing uses on and m the area of the Property and at the same
time to recognize the effects of change, and the need for various types of uses, certain reasonable
conditions govermng the use of the Property for the protection of the commumty that are not generally
apphcable to land similarly zoned are needed to cope with the situatton to which the GRANTORS'
rezoning application gives nsc; and
WHEREAS, the GRANTORS have voluntarily proffered, in writing, ~n advance of and prior to
the public hearing before the GRANTEE, as a part of the proposed amendment to the Zoning Map, in
addition to the regulations prowded for the R-10 Zomng D~stnet and the Open Space Promotion option
by the existing overall Zomng Ordinance, the following reasonable conditions related to the physmal
-2-
PREPARED BY
YKES CARNES BOURDON
& AHERN PC
ATTORNEYS ATLAW
development, operatmn, and use of the Property to be adopted as a part of sa~d amendment to the
Zomng Map relative and apphcable to the Property, which has a reasonable relatmn to the rezomng and
the need for which is generated by the rezonmg.
NOW, THEREFORE, the GRANTORS, for themselves, their successors, personal
representatives, assigns, grantees, and other successors tn t~tle or ~nterest, voluntarily and w~thout any
reqmrement by or exactton from the GRANTEE or tts govermng body and w~thout any element of
compulsion or quid pro ouo for zonmg, rezomng, site plan, building permit, or subdivision approval,
hereby make the following declaration of cond~t~ons and restrictions which shall restrict and govern the
physical development, operation, and use of the Property and hereby covenant and agree that th~s
declaration shall constitute covenants runmng w~th the Property, which shall be b~ndmg upon the
Property and upon all parttes and persons clatm~ng under or through the GRANTORS, their successors,
personal representatives, assigns, grantee, and other successors in interest or t~tle and which will not be
reqmred of the GRANTORS until the Property ts developed:
1. When the Property ts developed, it shall be developed as a s~ngle famtly residential
commumty of no more than one hundred twenty-e~ght (128) building lots substantially tn conformance
wtth the Exhtbtt entttled "PRINCESS ANNE WOODS" for "BECO CONSTRUCTION, INC." revtsed
July 15, 1999", prepared by URS Greener Woodward Clyde, which has been exhibited to the Vlrg~ma
Beach City Council and is on file with the V~rginia Beach Department of Planning ("Subdivision
Plan").
2. When the Property ts developed and prior to receiving subdivision approval, the party
of the first part shall dedicate or cause to be dedmated to the GRANTEE 1034 square feet of offsite
pubhc right-of-way on the east s~de of Seaboard Road substantially as shown on the exh~btt entitled
"OFF SITE RIGHT OF WAY DEDICATION, SEABOARD ROAD" for Beco Butldtng Assomates,
prepared by URS Greener Woodward Clyde, whmh has been exh~btted to the V~rg~ma_Beach City
Counetl and is on file wtth the V~rg~ma Beach Department of Planning.
3. When the Property ts developed, the party of the first part shall make those off-site road
tmprovements to Seaboard Road, within the pubhc right-of-way from Pnncess Anne Road to the
commumty entrance, as specified by the GRANTEE and shall create a landscaped "Entrance Feature"
substantially m accordance with the plan entttled "CONCEPTUAL ENTRANCE TREATMENT"
prepared for BECO CONSTRUCTION INC., which has been exhibited to the Virginia Beach Ctty
Council and is on file with the Vtrginia Beach Department of Planmng.
4. When the Property ~s subdivided, ~t shall be subject to a recorded Declaration of
Protective Covenants, Conditions and Restrictions ("Deed Restrictions") adm~mstered by a
-3-
PREPARED BY
fKES CARNES, BOUROON
& AHERN, PC
A'I'I'ORNEYS AT LAW
Homeowners Association. The five foot (5') landscape easements depicted on the Subdiv~s~on Plan
adjacent to both sides of all pubhc right-of-way w~thm the commumty and along the rear property hnes
of those lots adjacent to Seaboard Road shall be dedicated to and maintained by the Homeowners
Associat~on. The landscape easements adjacent to all pubhc right-of-way w~th~n the community shall
be planted with the same species of street trees whmh are planted w~th~n the public right-of-way. The
landscape easement adjacent to Seaboard Road shall consist of Category VI landscape screemng as
described in the Landscaping, Screemng and Buffenng Specifications and Standards promulgated by
the Department of Planmng as currently adopted by the V~rgima Beach C~ty Council.
5. When the Property is developed, the party of the first part shall install sidewalks within
the pubhc right-of-way on both stdes of all roads excluding cul-de-sacs, as depicted on the Subdtvismn
Plan. The party of the first part shall construct spht rail fencing on both sides of each of the walking
paths destgnated" 10' Open Space Access" on the Subdtvtsion Plan.
6. When the Property is subdivided, the "Recreational Area" and adjacent "Passive Open
Space Area", containmg approximately 53.8 acres of land, as depicted on the Subdivision Plan shall be
dedmated to the GRANTEE and a Reservation Agreement shall be tendered to the GRANTEE on that
area at the northeast comer of the Property designated "50' R/W Reservation".
7. All homes constructed on the lots depleted on the Subdivision Plan shall have an
extertor front surface of brick and all front yards and s~de yards adjacent to a pubhc street shall be
sodded.
8. When the Property ts developed, the party of the first part shall develop a lake
approximately three (3) acres tn size as depicted on the Subd~v~sion Plan as a stormwater management
facility. The lake shall incorporate the design features recommended in Section 8(n) of the Southern
Watersheds Management Ordinance, includtng an emergent wetlands bench, winding shoreli.nes,
forebay areas and dedicated access.
9. Further conditions may be required by the GRANTEE during detailed Subdivision
Plan review and administration of applicable City Codes by all cogmzant City agenctes and
departments to meet all apphcable City Code requirements.
The above conditmns, having been proffered by the GRANTORS and allowed and accepted by
the GRANTEE as part of the amendment to the Zoning Ordinance, shall continue tn full force and
effect until a subsequent amendment changes the zomng of the Property and specifically repeals such
conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance
even If the subsequent amendment ~s part of a comprehensive tmplementahon of a new or substantmlly
revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed,
-4-
PREPARED BY
YKES CARNES, BOURDON
& AHERN PC
ATI'ORNEYSATLAW
amended, or varied by written instrument recorded ~n the Clerk's Office of the C~rcuit Court of the City
of V~rginia Beach, V~rgima, and executed by the record owner of the Property at the time of
recordation of such ~nstmment, prowded that said ~nstmment ~s consented to by the GRANTEE In
writing as evidenced by a cerhfied copy of an ordinance or a resolution adopted by the governing body
of the GRANTEE, after a public heanng before the GRANTEE whmh was advertised pursuant to the
provisions of Section 15.2-2204 of the Code of V~rg~nia, 1950, as amended Sa~d ordinance or
resolution shall be recorded along with said instrument as conclusive emdence of such consent, and if
not so recorded, sa~d instrument shall be void.
The GRANTORS covenant and agree that:
(1) The Zomng Administrator ofthe C~ty of V~rg~ma Beach, Virginia, shall be vested with
all necessary authority, on behalf of the governing body of the City of V~rg~nia Beach, Virg~nia, to
administer and enforce the foregoing condit~ons and restrictions, ~ncluding the authority (a) to order, ~n
writing, that any noncompliance with such conditions be remedied; and (b) to bnng legal action or stat
to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement,
damages, or other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these
provisions, the GRANTORS shall petition the governing body for the review thereof prior to instituting
proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the existence of
conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made
readily available and accessible for public inspection ~n the office of the Zoning Administrator and ~n
the Planning Department, and they shall be recorded in the Clerk's Office of the Clrcmt Court of the
City of Virginia Beach, Virgtma, and indexed in the names of the GRANTORS and the GRANTEE.
-5-
PREPARED BY
SYKES CARNES BOUROON
& AHERN PC
ATTORNEYS ATLAW
WITNESS the following signatures and seals'
GRANTORS.
BECO BUILDING ASSOCIATES,
a Virginia general partnership
By BECO CONSTRUCTION, INC.,
a Virginia corporation
By
l~u~t (~Jut~ehtl P
(SE )
My Commission Expires' II/Y-/0/Ol
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 7~ day of ~d~ ,
1998, by Butt Cutfight, President of Beeo Construction, Ine, a Virginia corporation, a lgeqeral
partner of Beco Building Associates, a V'u'g~aia general partnership, Grantor
Notary Public
-6-
PREPARED BY
YKES, CARNES, BOURDON
& AHERN, PC
ATI'ORNEYS AT LAW
v L~,'ry Marshall
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit
The foregoing instrument was acknowledged before me this /~//~ day of February, 1999, by
Larry Marshall and Jennifer Marshall, husband and wife, Grantors
-7-
PREPARED BY
SYKES CARNES BOURDON
& AHERN, PC
ATTORNEYS AT LAW
GRANTORS'
Floyd W. Owens
Frank Owens
Michael J. McDermott
CITY/COUNTY 013 ~{v'~2~ fi.4~J~l_, to-wit'
The foregoing instrument was acknowledged before me this ~ '~ day of
1998, by Floyd W. Owens, Grantor
My Commission Expkes:
STATE OF ~]~J~t ).~
CITY/COUNTY 01~) - Ch fzk~g&~/'x to-wit'
The foregoing instrument was acknowledged before me this "~'~' da.v of
1998, by Frank Owens, Grantor.
U
My Commission Expires' ~ t/,adO//~f
' ' Notary P-ublic " t/'~'''
-8-
PREPARED BY
SYKES CARNES BOURDON
& AHERN PC
ATTORNEYS AT LAW
STATE OF ~/~Yk"~.t,-,,F-/q
CITY~COUNTY OF ,_~/~r,.( ~_5-'t'-~',C~ , to-wit
The foregoing instrument was acknowledged before me th~s
1998, by Michael J McDermott, Grantor
day of
My Commission Expires'
NOTARY PUBUC~AUFORNIA
SAN DIEGO COUNTY
MY COMMISSION EXPIRES "~
-9-
PREPARED BY
SYKES CARNES. BOURDON
& AHERN PC
A'n'ORNEYSATLAW
GRANTOR
Marva Cason Mitchell
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
1998, by Marva Cason Mitchell, Grantor.
My Commission Expkes'
Notary Public
- 10-
State of ~_...~/..-~-
County of
On OU~E ,5-, c;~, before me, ~,~(.. ~-p,'~"~',/~o~"y~-f J~/..[c.
IDATE) ~ INAME/TITLE OF OFFICER-! -' 'JANE DOE. NOTARY PUBLIC'!
personally appeared /~)_~(~]-('~)-(,=~(.. ~_.~.
INAMEIS) OF SIGNERISI!
a,...-- ,,
I-I personally known to me -OR-
~ ~ NOT-A~Y PUBUC'CAUFORNIA ~
[roved to me on the
asis of satisfactory
evidence to be the
.rson(~whose name {,,t,
'~ia~tfli'n .~ubscribed to the
instrument and
[c_knowledged to me that
~"'e"JsJ~ey executed the
"s'~me in (fiT"~
authorized c. _'EF~city (i.e~_,
and that by ~rTJ~l~r
signatureJ:~) -O"d the
instrument the personJ~'),
or the entity upon behalf
of which the person(~)
acted, executed the
instrument.
ISEAL)
~i.~,~.r_T..Witness my h~l seal.
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of th!s document is not required by law and IS also optional
It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT
T~tle or Type of Document
Number of Pages Date of Document
S~gner(s) Other Than Named Above
CAPACITY CLAIMED BY $1GNERIS)
r'IINDIVlDUAL(S)
{-~CORPORATE
OFFICERIS)
ITITL£S)
r-iPARTNER(S) CILIMITED
DGENERAL
F'IA'rrORNEY IN FACT
[-1TRUSTEEIS)
D']GUARDIAN/CONSERVATOR
[-IOTHER
SIGNER IS REPRESENTING.
IName of Par,onls) or Ent,tylm,)
CAPACITY CLAIMED BY $1ONERIS)
C]INDIVIDUALIS)
C1CORPORATE
OFFICER(SD
(TITLES)
D-]PARTNER(S) I-1LIMITED
DGENERAL
CIAT'TORNEY IN FACT
r'ITRUSTEE(S)
[]GUARDIAN/CONSERVATOR'
I"IOTHER
SIGNER IS REPRESENTING:
IName of Person($) or Ent,ty(,esl
WOLCOTTS FORM 63239 Rev 3-94 (~r,ce cleat B 2Al vtgg4 WOLCOTTS FORMS INC
ALL PURPOSE ACKNOVVLEOGMENT VVlTH SIGNER CAPACITY/REPRESENTATION
PREPARED BY
SYKES, CARNES BOURDON
& AHERN PC
ATTORNEYS ATLAW
GRANTORS'
JohnH Coston
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this /~
1998, by John H Coston and Gloria F Coston, husband and wife, Grantors
My Commission Expires
Notary Public
-11 -
PREPARED BY
SYKES CARNES. BOUROON
& AHERN. PC
ATrORNEYS AT LAW
GRANTOR
Mfi~y L I-ffunt" '
STATE OF VIRGI]qIA
CITY OF VIRGINIA BEACH, to-wit
The foregoing instrument was acknowledged before me this o~3~ day of _~_ ~
1998, by Mary L Hunt, widow, Grantor. ~
Notary Public
My Commission Expires' o~//~ ~d0
PROH'ERS
BECOI
-12-
PREPARED BY
YKES CARNES, BOURDON
& AHERN. PC
ATTORNEYS AT LAW
GRANTOR:
Patricia V. Barnes
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit.
The foregoing instrument was acknowledged before me this~4ay of February, 1999, by
Patricia V. Barnes, Grantor.
My Commission Expires: ~t//~//~~/
PROFFERS
BECO 1
- 13-
PREPARED BY
YKES, CARNES BOURDON
& AHERN PC
ATTORNEYS AT LAW
EXHIBIT "A"
PARCEL ONE.
ALL THAT certain tract, piece or parcel of land, situate, lying and being near Doziers Bridges,
in the Princess Anne Borough of the City of Virginia Beach, containing 3 225 acres more or
less, being a portion of that property depicted on that certain plat entitled, "Survey of Property
of Larry Marshall, et ux, D B 3670, P. 1988", which plat is recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in Map Book 259, at Page 96, said tract
being bounded and described as follows'
Beginning at the pin marking the Southeast comer of the tract as shown on the Plat, thence
north 52° 39' 59" west, 256 42 feet to a pin, thence north 24° 24' 19" east, 545 84 feet to a
point along the western boundary of the property; thence south 70° 04' 00" east, 220 38 feet to
a point along the eastern boundary of the property; thence south 19° 56' 00" west, 422 85 feet
to a pin; thence south 25° 11' 54" west, 198.85 feet to the pin at the point of beginning
GPIN: 2404-54-0371
PARCEL TWO:
ALL THAT certain tract, piece and parcel of land, with the improvements thereon and the
appurtenances thereunto belonging, situate, lying and being in Seaboard Magisterial District,
Princess Anne County, Virginia, fronting on the road leading from Princess Anne courthouse to
Nimmo at Doziers Bridges, consisting in part of the home tract of Charles Woodhouse, and
being all of the remainder of said tract, more particular bounded and described as follows'
BEGINNING at a point in the center of Doziers Bridges Swamp at the edge of the right of way
of the aforesaid road, and from said point running along the center of said swamp in a Northerly
direction to the line of the property now or formerly of Cason, which is more particularly shown
on a certain plat in Map Book 3, Page 159, in the Clerk's Office of said County, in an Easterly
direction to the line of the property of Frank and Maude Owens; thence turning and running
along the line of the property of said Owens in a Southerly direction to the line of the property
of Braithwaite; thence along the line of the property of Braithwaite in a Westerly direction to
the line of the property of Reid; thence continuing Westerly along the line of the property of
Reid to the line of the property of Bernard Owens; thence continuing Westerly along the line of
the property of Owens to its extreme Western line; thence Southerly along the line of the
property of Bernard Owens to the edge of the fight of way of the Public Road to the beginning
Said tract of land containing 24 acres, more or less, but is conveyed in gross and not by the acre
LESS AND EXCEPT that certain piece or parcel of land containing 1125 square feet (0.026 ac ) as
depicted on that certain plat recorded in the Office of the Clerk of the Circuit Court of the City of
Virginia Beach, Virginia, in M B 245, at page 32, which parcel ofland was conveyed to the City of
- 14-
PREPARED BY
,YKES CARNES, BOURDON
& AHERN. PC
ATTORNEYS ATLAW
Virginia Beach, Virginia, by deed recorded in the afore referenced Clerk's Office in Deed Book 3596,
at Page 1579.
GPIN: 2404-44-4437
PARCEL THREE'
All that certain piece or parcel of land situate and lying in the Seaboard Magisterial District, Princess
Ann County (now the City of Vh'ginia Beach), Virginia, containing One Acre of land 105 feet in
width (noah to south) and running back (westerly) between parallel lines 420 feet, together with a
right-of-way thirty (30) feet in width running fi-om said One Acre parcel to Brown Town Road (now
Seaboard Road).
GPIN. 2404-44-4821
PARCELS FOUR, FIVE AND SlX:
Those three (3) pieces or parcels of land designated by the Real Estate Assessor's Office of the City
of Virginia Beach, Virginia as GPIN #2404-35-9083; GPIN #2404-45-9460; and, GPIN #2404-55-
3315; which properties are more particularly described as:
All that certain lot, piece or parcd of land lying, situate and being in the City of Virginia Beach,
Virginia, designated as "Cason's Land, 37 ½ acres" on an untitled plat of record in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Vh'ginia, in Map Book 3, at page 159, excepting
so much thereof as was conveyed, as follows'
That one acre parcel of property conveyed to Paul Cason by deed dated July 25, 1947 fi-om George
B. Cason, et als of record in the Clerk's Office aforesaid in Deed Book 246, at page 71, together with
a roadway 30 feet in width running fi-om said one acre parcel to Brown Town Road (said one parcel
being currently designated by the City of Virginia Beach Real Estate Assessor's office as GPIN
#2404-44-4821).
That certain parcel of land conveyed to Eamest Garfield Caffee, Jr and Lois Henrietta C Catfee,
husband and wife, fi-om John T. Cason, widower, by deed dated May 26, 1955 of record in Deed
Book 404, at page 207.
That certain parcel of land conveyed to Emma Brown fi-om John T. Casort, widower, dated August
11, 1966, of record in the Clerk's Office aforesaid in Deed Book 973, at page 360.
That certain parcel of land conveyed to Velma Banton, by deed fi-om John T Cason, widower, dated
November 20, 1961, of record in the Clerk's Office aforesaid in Deed Book 759, at page 546
- 15-
PREPARED BY
YKES CARNES BOUROON
& AHERN PC
ATTORNEYS AT LAW
That certain parcel of land conveyed to Harold Cason and Claudia S Cason, husband and wife, dated
November 22, 1960, of record in the Clerk's Offce aforesaid in Deed Book 686, at page 146
See the deed entitled, "Deed of Correction and Confirmation" dated February 8, 1967 from Ernest
Garfield Caffee, et ux, et als to Emma Brown, et als of record in the Clerk's Office aforesaid in
Deed Book 1010, at page 536 (Reference also the plat entitled "Plat Showing property Velma
Banton - Ernest Garfield, Jr. & Henrietta Caffee, Harold, Claudia S Cason - & Emma Brown,
formerly properties of John T. Cason for Correction of Deeds, Princess Anne Borough, Virginia
Beach, Virginia," dated May 1972 prepared by Wilfi'ed P. Large, Certified Land Surveyor of record
in the Clerk's Office aforesaid in Deed Book 1638, at pate 382 )
That parcel of property conveyed to Hanna P Snowden, by deed from John Thomas Cason,
widower, et als, dated June 13, 1963 of record in the Clerk's Office aforesaid in Deed Book 787, at
page 95 (MB 58, p 37)
That parcel of property conveyed to Ruth Payne Cason, widow, by deed from John Thomas Cason,
widower, et als, dated September 6, 1961 of record in the Clerk's Office aforesaid in Deed Book
704, at pate 572. (MB 80, p. 24)
That parcel of property conveyed to Velma Cason by deed from John Thomas Casort, et als, dated
August 10, 1961 of record in the Clerk's Office aforesaid in Deed Book 705, at page 488 as
corrected by deed from John Thomas Cason, widower, et als to Velma N Cason, dated December
29, 1961 of record in the Clerk's -Office aforesaid in Deed Book 712, at page 477 An interest in this
parcel was also conveyed to Velma Tyler Cason by deed from Alexander Simmons, dated June 30,
1965 of record in the Clerk's office aforesaid in Deed Book 914, at pate 544.
That parcel of property conveyed to Velma Cason by deed from John Thomas Cason, widower, et
als, dated January 18, 1963 of record in the Clerk's Office aforesaid in Deed Book 766, at page 407
The interest of Alexander Simmons in this parcel was conveyed to Velma Tyler Cason by deed dated
June 30, 1965 of record in the Clerk's Office aforesaid in Deed Book 914, at page 544
That one acre parcel of property conveyed to Andrew L. Cason by deed from Anthony Cason and
Rachel Casort, his wife, dated June 23, 1969 of record in the Clerk's Office aforesaid in Deed Book
1117, at page 419. (MB 80, p. 24)
That 3.00 acre parcel of property conveyed to Herbert Comell Scott by deed from Rosetta Cooper
and Leroy Cooper, her husband, by deed dated July 13, 1979 of record in the Clerk's Office aforesaid
in Deed Book 2466, at page 1879.
Also Less and Except that parcel of property designated by the Real Estate Assessor of Virginia
Beach, VA, as GPIN #2404-44-8982-0000.
Said parcel being generally described as beginning at the southeastern lot line of the parcel of
property conveyed to the Gilt of Life Church of God by deed recorded in the Clerk's Office aforesaid
in Deed Book 3070, at Page 1197 (GPIN //2404-54-2842) which said lot line intersects with
- 16-
PREPARED BY
YKES. CARNES BOURDON
& AHERN, PC
ATrORNEYS ATLAW
Seaboard Road and from said point of' beginning running N 76 degrees 44' 34" W 405' to a point
more or less, thence turning and running N 12 degrees 32' 55" E 328' more or less, to a point thence
turning and running N 83 degrees 34' 30" E 470' more or less to a point, thence turning and running
South 18 degrees 41' W 450' more or less to the point of beginning
PARCEL SEVEN:
That piece or parcel of land with the improvements thereon situated in Brown Town in Seaboard
Magisterial District, Princess Anne County, Virginia, bounded by the lands of Willis Brown, William
Cason, Brown Town Road and Doziers Bridge Slew, containing sixty (60) acres, more or less.
GPIN 2404-45-6766
PARCEL EIGHT:
That certain piece or parcel of' land with the improvements thereon and the appurtenances thereunto
belonging, situate, lying and being near Doziers Bridges in the City of' Virginia Beach and being
designated as Parcel "B 0.7900 AC." on that certain plat entitled "SUBDIVISION OF PROPERTY
OF PATRICIA V. BARNES, VIRGINIA BEACH, VIRG~", which plat is duly recorded in the
Clerk's Office of' the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 260, at Page
41.
GPIN' 2404-53-1995
PROFFERS
BECOI
- 17-
Item V-K. 5.
- 39-
PUBLIC HEARING
ITEM # 45335
PLANNING
Upon motion by Vtce Mayor Sessoms, seconded by Councdman Branch, City Counctl ADOPTED an
Ordinance upon apphcation of ROCK CHURCH for a Con&ttonal Use Permtt.
ORDINANCE UPON APPLICATION OF ROCK CHURCH FOR A
CONDITIONAL USE PERMIT FOR A CHILD CARE EDUCATION
CENTER INA CHURCH R0899229!
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Rock Church for a Conditional Use Permtt
for a child care education center in a church at the northeast tntersection
of Kempsville Road and Manor Drive Said parcel ts located at 480
Kempsvtlle Road and contains 7 72 acres. DISTRICT 2 - KEMPSVILLE.
The following condition shall be required.
1. A maximum of 125 children arepermitted at this daycare facility.
This Ordinance shall be effective in accordance wtth Section 107 ~ of the Zoning Ordinance
Adopted by the Council of the City of Vtrginia Beach, Virginia, on the Tenth of August, Ntneteen Hundred
and Nine_ty-Ntne
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M Henley, Reba S. McClanan, Mayor
Meyera E Oberndorf Nancy K. Parker, Vice Mayor William D Sessoms,
Jr and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent.
Louis R. Jones
August 1 O, 1999
Item V-K. 6.
- 40-
PUBLIC HEARING
ITEM # 45336
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon application of FA THYA. ABDOU for a Conditional Change of Zonmg
ORDINANCE UPON APPLICATION OF FATHY A. ABDOU FOR A
CHANGE OF ZONING FROM R- 10 TO CONDITIONAL O- 1 Z08991142
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Fathy A Abdou for a change of Zoning
Dtstrict Classification from R-10 Residential Dtstrict to Conditional 0-1
OJfice District on certain property located at the northwest corner of
Independence Boulevard and Copperfield Road (1478-48-9078). The
proposed zomng classification change to Condttional 0-1 is for office use
The Comprehensive Plan recommends use of thts parcel for suburban
residential~low densities that are compatible with single family use in
accordance with other Plan pohcies. Said parcel contatns 1.4949 acres
BA YSIDE - DISTRICT 4
The followtng condition shah be requtred:
1 An Agreement encompassingproffers shah be recorded with the
Clerk of Circuit Court.
Votmg 10-0 (By Consent)
Council Members Vottng Aye:
Linwood O. Branch, III, Margaret L Eure, William W. Harrison, Jr,
Harold Heischober, Barbara M Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms,
Jr and A. M. "Don" Weeks
Counctl Members Voting Nay:
None
Council Members Absent'
Louis R. Jones
August 10, 1999
FORM NO P 5 '1B
City of Virginia Reach
INTEE-OFFICE COI RESPON13ENCE
In Reply Refer To Our File No. DF-99-4938
DATE: July 26, 1999
TO: Leslie L. Lilley DEPT: City Attorney
FROM: William M. Macali ~ DEPT: City Attorney
Conditional Zoning Application
Fathy A. Abdou
The above-referenced conditional zoning application is scheduled to be heard by the City
Council on August 10, 1999. I have reviewed the subject conditional zomng agreement, dated
June 29, 1999, and have determined it to be legally sufficient and in proper legal form. A copy
of the agreement Is attached.
Please feel free to call me if you have any questions or wish to discuss this matter further.
WMM
Enclosure
THIS AGREEMENT, made this 29'h of June, 1999, by and between FATHY A.
ABDOU (hereinafter referred to as "Grantor"); and the CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee").
WITNESSETH:
WHEREAS, Grantor has initiated an amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification
of the Grantor's property from R-10 (Residential) to O-1 (Office) on certain property which
contains a total of 1.494 acres, more or less, located in the Bayside district of the City of
Virginia Beach, Virginia, more particularly described in the attached Exhibit A (hereinafter the
"Property"); and
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes, including light office purposes, through zoning and other land
development legislation; and
WHEREAS, Grantor acknowledges that the competing and sometimes incompatible
uses conflict, and that in order to permit differing uses on and in the area of the subject Property
and at the same time to recognize the effects of the change and the need for various types of
uses, including those listed above, certain reasonable conditions governing the use of the
Property for the protection of the community that are not generally applicable to land similarly
zoned O-1 are needed to cope with the situation to which the Grantor's rezonin-g application
gives rise; and
WHEREAS, Grantor has voluntarily proffered in writing in advance of and prior to the
public hearing before Grantee, as part of the proposed conditional amendment to the Zoning
Map, in addition to the regulations provided for in the existing O-1 zoning district by the
existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the
physical development, operation and use of the Property to be adopted as a part of said
amendment to the new Zoning Map relative to the Property, all of which have a reasonable
relation to the rezoning and the need for which is generated by the rezoning; and
WHEREAS, said conditions having been proffered by Grantor and allowed and
accepted by Grantee as part of the amendment to the Zoning Ordinance, such conditions shall
Prepared by Mays & Valentine, L L P
4425 Corporation Lane, Suite 420
V~rg~ma Beach, VA 23462
continue in full force and effect tmtil a subsequent amendment changes the zoning on the
Property covered by such conditions; provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment is part of the comprehensive
implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the
foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record
owner of the subject Property at the time of recordation of such instrument; provided, further,
that said instrument is consented to by Grantee in writing as evidenced by a certified copy of
ordinance or resolution adopted by the governing body of Grantee, after a public hearing before
Grantee advertised pursuant to the provisions of the Code of Virginia § 15.2-2204, which said
ordinance or resolution shall be recorded along with said instrument as conclusive evidence of
such consent.
NOW THEREFORE, Grantor, for itself, its successors, assigns, grantees, and other
successors in title or interest, voluntarily and without any requirement by or exaction from
Grantee or its governing body and without any element of compulsion of _quid _~ro ClUO for
zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the
following declaration of conditions and restrictions which shall restrict and govern the physical
development, operation and use of the Property; provided, however, that nothing in this
declaration of conditions and restrictions shall be construed to require Grantor to develop the
Property. Grantor covenants and agrees that these Proffers shall constitute covenants running
with the said Property, which shall be binding upon the Property and upon all parties and
persons claiming under or through Grantor, its heirs, personal representatives, assigns, grantees
and other successors in interest or title, namely:
1. When the Property is developed, it shall be delivered substantially as shown on
the exhibit entitled "INDEPENDENCE BOULEVARD MEDICAL OFFICE, PROPOSED
BUILDING VIRGINIA BEACH, VA., SITE PLAN CI.I," dated June 21, 1999 and prepared by
Clark Nexson, (hereinafter referred to as the "Site Plan"), which Site Plan has been exhibited to
the City Council of the City of Virginia Beach and is on file in the Planning Department of the
City of Virginia Beach.
2. When the Property is developed, it shall be landscaped substantially as shown on
the Exhibit entitled "INDEPENDENCE BOULEVARD MEDICAL OFFICE BUILDING,
PROPOSED BUILDING VIRGINIA BEACH, VA., LANDSCAPING PLAN L I.I" dated June
21, 1999, prepared by Clark Nexson (hereinafter referred to as the "Landscape Plan"), which
Landscape Plan has been exhibited to the City Council of the City of Virginia Beach and is on
file in the Planning Department of the City of Virginia Beach.
3. When developed, the existing structure on the Property will be demolished and
the new principal structure constructed on the Property will be a one-story brick building
substantially similar to the elevations depicted in the exhibit entitled "INDEPENDENCE
BOULEVARD MEDICAL OFFICE BUILDING, PROPOSED BUILDING VIRGINIA
BEACH, VA., Al.l," dated June 28, 1999, prepared by Clark Nexson (hereinafter referred to as
the "Rendering"), which Rendering has been exhibited to the City Council of the City of Virginia
Beach and is on file in the Planning Department of the City of Virginia Beach.
4. The setback between the one-story office building and the adjacent homes in Lake
Smith Terrace shall be a minimum of 14 feet and Grantor shall prohibit any vehicular access
within this area and shall otherwise minimize pedestrian access to this area except for
maintenance and secondary exits as required by the fire code.
5. The freestanding sign constructed on the Property shall be a monument style sign
not to exceed a height of eight feet. The base of the sign shall be brick and identical in color to
the brick used for the new principal structure proposed for the Property.
6. Further conditions may be required by Grantee during detailed Site Plan and/or
Subdivision review and the administration of applicable City Codes by any City agency and
department to meet all applicable City Code requirements.
7. All references hereinabove to zoning districts and to regulations applicable
thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of
the date the conditional zoning amendment is approved by Grantee.
Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia
Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of
the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages or other appropriate action,
suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate; (3) if
aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the
City Code, the CZO or this Agreement, Grantor shall petition the governing body for the review
thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an appropriate
symbol on the map the existence of conditions attaching to the zoning of the subject Property on
the map at~d that the ordinance and the conditions may be made readily available and accessible
for public inspection in the office of the Zoning Administrator and in the Planning Department
and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia and indexed in the name of Grantor and Grantee.
WITNESS THE FOLLOWING SIGNATURES AND SEALS.
FATHY A. ABDOU
(SEAL)
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
Fathy A. Abdou.
My Commission Expires: ff/~/~/~~ /
thistly of June, 1999, by
'" C ~)4ot~ Public
22624
EXHIBIT A- LEGAL DESCRIPTION
Ail of that certain lot, piece or parcel of land, with the
buildings and improvements thereon and appurtenances thereunto
belonging, situated in the City of Virginia Beach, Virginia,
which property is a part of that certain property designated
PARCEL "C" in Block B, as shown on that certain plat entitled
"PLAT OF L~KE SMITH TERRACE SECTION FOUR BAYSIDE MAGISTERIAL
DISTRICT PRINCESS ANNE COUNTY VIRGINIA", dated December 4,
1962, made by Frank D. Tarrall, Jr. & Associates, Surveyors &
Engineers, and duly recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in Map
Book 57, at page 32, which property is more particularly
described with reference to said plat as follows:
Beginning at a point in the intersection of the westerly
property line and the southerly property line of the aforesaid
Parcel "C" as shown on said plat, and thence running along the
said westerly property line of Parcel "C", N. 19° 26' 32" E.,
211.40 feet to a point; thence continuing along the said
westerly property line of Parcel "C", N 17 13' 56" E., 195.29
feet to a point; thence continuing alon~ the said westerly
property line of Parcel "C", N. 11° 17' 39" E., 52.34 feet to a
point; thence turning and running S. 78° 42' 05" E., 141.00
feet to a point in the westerly line of Independence Boulevard
as shown on said plat; thence turning and running in a
southerly direction along the said westerly line of
Independence Boulevard, along an arc of a curve to the right,
the radius of which is 1,524.97 feet, an arc distance of 216.75
feet to a point; thence continuing along the said westerly line
of Independence Boulevard, S. 19° 26' 32" W., 230.63 feet to a
point; thence turning and running along the arc of a curve to
the right, the radius of which is 20.00 feet, an arc distance
of 29.49 feet to a point in the northerly line of Copperfield
Road as shown on said plat; thence running along said northerly
line of Copperfield Road, N. 76° 04' 08" W., 122.49 feet to a
point, which is the point of beginning.
The above-described property is the same property which is
designated Parcel "C" in Block B as shown on the aforesaid
plat, Less that portion of said Parcel "C" which was subdivided
and made a part of that property designated "SITE 'Y'" as shown
on that certain plat entitled "PLAT SHOWING SUBDIVISION OF A
PORTION OF PARCEL 'A', SEC 1 AND RESUBDIVISION OF PARCEL 'B',
SEC. 1 AND SUBDIVISION OF ~ PORTION OF PARCEL 'C' SEC. 4 LAKE
,
SMITH TERRACE BAYSIDE BOROUGH VIRGINIA BEACH, VIRGINIA", dated
February 18, 1964, made by Frank D. Tarrall, Jr. & Associates,
Surveyors & Engineers, and duly recorded in the aforesaid
Clerk's Office in Map Book 60, at page 38.
- 41 -
Item V-L. 1.
APPOINTMENTS
ITEM # 4533 7
BY CONSENSUS, Ctty Council RESCHEDULED: the following APPOINTMENTS:
A GRICUL TURAL AD VISOR Y COMMISSION
FRANCIS LAND HOUSE BOARD OF GOVERNORS
PARKS AND RECREATION COMMISSION
August 1 O, 1999
- 42 -
Item V-L.2.
APPOINTMENTS
ITEM # 45338
Upon NOMINATION by Vice Mayor Sessoms, City Councd APPOINTED:
Terry S. Jenkins, Ph.D.
Unexpired thru 03/31/2001
HEAL TH SER VICES AD VISOR Y BOARD
Voting: 10-0
Councd Members Vottng Aye:
Linwood O. Branch, III, Margaret L Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Reba S McClanan, Mayor
Meyera E Oberndorf Nancy K Parker, Vice Mayor William D Sessoms,
Jr and A. M. "Don" Weeks
Council Members Voting Nay:
None
Counctl Members Absent:
Louis R. Jones
August 10, 1999
- 43 -
Item V-L.3.
APPOINTMENTS
ITEM # 45339
Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED:
Marian H. Harris
Sharon B. Lowe
Janet C. Turkington
03/01/98 - 02/28/2000
plus
03/01/2000- 02/28/2003
PEItS ONNEL BOARD
Voting' 10-0
Council Members Voting Aye:
Ltnwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr,
Harold Heischober, Barbara M. Henley, Reba S McClanan, Mayor
Meyera E. Oberndorf Nancy K Parker, Vice Mayor Wilham D. Sessoms,
Jr and A. M. "Don" Weeks
Councd Members Voting Nay'
None
Counctl Members Absent:
Louts R. Jones
August 1 O, 1999
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Item V-L. 4.
APPOINTMENTS
ITEM # 45340
Upon NOMINATION by Vice Mayor Sessoms, City Council.
APPOINTED:
Ruth M. Barco
09/01/99 - 08/31/2002
Ursula Lincoln
Kempsville High School
09/01/99 - 06/3 0/2 000
REAPPOINTED:
Mary Ludwig Denny
Jeffry .4. Sachs
09/01/99 thru 08/31/2002
PUBLIC LIBRARY BOARD
Voting: 10-0
Council Members Voting Aye:
Ltnwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr,
Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms,
Jr and A. M. "Don" Weeks
Council Members Voting Nay:
None
Councd Members Absent:
Louis R. Jones
August 1 O, 1999
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Ite~
APPOINTMENTS
ITEM # 45341
Upon NOMINATION by Vice Mayor Sessoms, City Councd APPOINTED:
W. D. Sessoms, Jr.
A. M. Weeks
Dale R. Castellow, Alternate
No Terms
TRANSPOR TA TION DISTRICT COMMISSION OF HAMPTON ROADS
Vottng. 10-0
Council Members Voting Aye:
Ltnwood O. Branch, III, Margaret L. Eure, William W. Harrtson, Jr,
Harold Heischober, Barbara M Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor Wilham D. Sessoms,
Jr and A. M. "Don" Weeks
Council Members Voting Nay'
None
Council Members Absent:
Louis R. Jones
August 1 O, 1999
Item V-O.
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ADJOURNMENT
ITEM # 45342
Mayor Meyera E Oberndorf DECLARED the City Council Meeting ADJOURNED at 3:23 P.M.
Chief Deputy City Clerk
~MC/AA~
City Clerk
Meyera E. Oberndorf
Mayor
City of Virgtnta Beach
Virginia
August 10, 1999