HomeMy WebLinkAboutMARCH 12, 2002 MINUTESCi
CITY COUNCIL
MAYOR MEYERA E OBERNDORE At-Large
VICE MAYOR WILLIAM D SESSOMS, JR, At-Large
LINWOOD 0 BRANCH, III, Beach - District 6
MARGARET L EURE, Centervtlle -Dtstrtct 1
WILLIAM W HARRISON, JR, Lynnhaven -Dtstrtct 5
BARBARA M HENLEY, Prtncess Anne -Dtstrtct 7
LOUIS R JONES, Baystde -Dtstrtct 4
REBA S McCLANAN, Rose Hall -Dtstrtct 3
ROBERT C MANDIGO, JR, Kernpsvtlle -Dtstrtct 2
NANCY K PARKER, At-Large
ROSEMARY WILSON, At-Large
JAMES K SPORE, Ctty Manager
LESLIE L LILLEY, City Attorney
RUTH HODGES-SMITH, MMC, Ctty Clerk
of inia Beach
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE (757) 427-4304
FAX (757) 426-5669
EMAIL Ctycncl@ctty vtrgtnta-beach va us
March 12, 2002
I. CITY COUNCIL'S BRIEFING
- Conference Room-
3:00 PM
Ao
CONVENTION CENTER
SOM Planning Consultants
Il. REVIEW OF AGENDA ITEMS
HI. CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
- Conference Room -
5:00 PM
A. CALL TO ORDER- Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER- Mayor Meyera E. Oberndorf
B. INVOCATION:
Reverend Joseph Stallings, Jr.
City of Refuge Christian Church of V~rg~nia Beach
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 AND FORMAL SESSIONS
March 5, 2002
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARING
1. ELECTION DISTRICT PRECINCT CHANGES:
ao
Estabhsh a new polling place for the Capps Shop voting precinct
Close the Hilltop voting precinct
Modify the boundaries for the Oceana, Llnkhom, Eastern Shore, South Beach,
North Beach, Bellamy, and Round Hill voting precincts
I ORDINANCES/RESOLUTION
1. Ordinance to AMEND and REORDAIN § 10-1 ofthe City Code to:
a,
b,
Move the polling place for the Capps Shop Precinct from the Mosquito Control
Bttitdmg to Back Bay Christian Assembly at 1196 Princess Anne Road
Close the Hilltop Precinct at '~-- ~ °' .... ,____, T __., ....... ,-~_ .... ,_
~,.J~Ji, J~J. OII~,.,}JIIIGI t~. I ~Li. IAI~;~I IJ. ll ~,~.~IILI. I L~ll
Modify the boundaries for the Oceana, Linkhorn, Eastern Shore, South Beach,
North Beach, Bellamy and Round Hill voting precincts
,
Ordinance to ACCEPT and APPROPRIATE $12,826 from the Federal Government to
the FY 2001-02 operating budget of the Social Servmes Department re enhancement
of adoption-related services.
o
Ordinance to AUTHORIZE the City Manager to execute a Deed of Release and
Exchange re an agricultural land preservation easement owned by Mildred C.
Furlough on Indian Creek Road.
,
Resolution to AUTHORIZE the City Manager to sign a Memorandum of Agreement to
~mprove the wetlands compensation process ~n the Southern Watershed Area
Management program (SWAMP).
J. PLANNING
,
Application of COLONEL WILLIAM H. and JO A. GALLUP for an enlargement/
conversion of a nonconforming use and add an addition, enclose the deck and shed with
a second floor addition to the structure at 304 45th Street, contaimng 6,477.5 square feet.
(BEACH - DISTRICT 6)
Recommendation:
DENIAL
.
Application of WOODFIN HEATING, INC., for a Condtttonal Use Permtt for an
automobile service station on the east side of First Colonial Road, north of Virginia
Beach Boulevard, containing 41,817.6 square feet.
(BEACH- DISTRICT 6)
DEFERRED:
Recommendation:
February 12, 2002
February 26, 2002
APPROVAL
.
Apphcation ofTYSINGER MOTORSPORTS, L.L.C., a V~rg~ma limited habfl~ty
company, for a Conditional Use Permtt re a small engine repair estabhshment
(motorcycles) on the south s~de of V~rgmm Beach Boulevard, east of Fret Meadows Road
(5503 Virgmm Beach Boulevard), contmnmg 0.9392 acres.
( KEMPSVILLE - DISTRICT 2)
Recommendation:
APPROVAL
.
Application of ARACELI G. DIAZ and VICTORIA GUMAPAS for a Condtttonal
Use Permit re housing for seniors and disabled persons on Lot 27, Block L, Fox Run,
Section Two (901 Marlborough Circle), containing 10,360 square feet.
( KEMPSVILLE - DISTRICT 2)
Recommendation:
APPROVAL
.
Application of CENTRAL PARK ASSOCIATES, L.L.C., for a Change of Zomng
Dtstrtct Classtficatton from R-7.5 Residential to Conditional B-2 Community
Business re property on the south side of Bonney Road, east of Witchduck Road (5129
Bonney Road), contaimng 4 acres.
( KEMPSVILLE - DISTRICT 2)
Recommendation:
APPROVAL
K. APPOINTMENTS
1. SHORE DRIVE ADVISORY COMMISSION
2. TIDEWATER REGIONAL GROUP HOME COMMISSION
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
2002-2003 RESOURCE MANAGEMENT PLAN SCHEDULE- FINAL
EVENT ]l TOPIC l] LOCATION ][ DATE
City Manager's FY 2002-2003 Proposed Resource Management Plan Councd Chamber March 26th
Presentation 6 PM
Council Workshop Economic Vitality, Cultural and Recreational Opportumtles and, Council Conference Aprd 2nd
Policy and Decision Support Room
Council Workshop Quality Education for Lifetime Learning Council Conference April 9th
Room
Council Workshop Quality Physical Environment & Operational Support Council Conference April 16th
Room
Public Hearing Public Comment on Proposed FY 2002-2003 Resource Management Frank W. Cox High Aprd 18th
Plan School 6:00 PM
Council Workshop Safe Community and Family and Family and Youth Council Conference April 23rd
Opportunities Room
Public Hearing Public Comment on Proposed FY 2002-2003 Resource Management Council Chamber April 23rd
Plan 6 PM
Council Workshop Reconciliation of outstanding resource issues Council Conference May 9~
Room 3 PM
Adoption of FY 2002-2003 City Council Vote on Resource Management Plan Council Chamber May 14th
Resource Management
Plan (will include Public
Hearinl~)
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 - Telephomc Device for the Deaf)
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
March 12, 2002
Mayor Meyera E Oberndorf called to order the Ctty Manager's Brtefing re the CONVENTION CENTER
tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, March 12, 2002, at 3 O0 P M
Counctl Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Absent
None
-2-
CITY MANAGER'S BRIEFING
CONVENTION CENTER
3:00 P.M.
ITEM # 49393
dames B Rtcketts, Dtrector- Department of Convention and Vtsttor Development, advtsed, stx months has
been saved on the Convention Center construction time hne because the City Council developed the
Constructton Management process Thus, Phase 1,4 ('half of the Exhtbtt Hall, Meettng Room/Ballroom and
prefunctton spaces) wtll be completed tn March 2005, at whtch ttme the Ctty wtll move out of the old facthty
tnto the new The old facthty wtll be torn down Final completton ts scheduled for November 2006 vs 2007
The stte layout ts more define concerntng the sttuatton on the stte and the ctrculatton tssues of parktng The
ballroom has been tncreased tn stze from 30,000 square feet to 38,000 square feet Thts ts not addtttonal
space The ballroom has been tncreased, but the butldtng has been kept wtthm the ortgtnal square footage
and budget The trend tn the Untted States, tn terms of conventton centers, ts to have larger banquet space
and ballroom space The butldmg program and operattonal functtons of the butldmg have been fatr[y
defined Four (4) basic design options have been presented to the Conventton Steertng Commtttee The 19'h
Street Corrtdor ts bemg reviewed by a separate team from Skidmore Ownings & Merrill LLP (SOM) tn
terms of land use and recommendattons The Ctty staff has been very acttve tn conferring wtth the archttects,
SOM, the local archttect Clark Nexsen, and the Programmtng Consultants, Conventional Wisdom On
January 24-25, 2002, the Manager of the Pavthon, Courtney Dyer, Operations Supervisor, M H Vankeuren
and dames Parttn, ProJect Manager - Pubhc Utthttes, Engtneertng, vtstted Chtcago wtth SOM and all of the
consultants approprtate to the butldtng, dtscusstng food servtce, acousttcal tssues, audtovtsual
commumcattons, securtty and the cost esttmattng procedures to stay wtthtn the proposed budget Two
meettngs wtth the Conventton Steermg Commtttee have occurred
0
February 19, 2002: SOM presented site layouts, programming of the
facility, three (3) building conceptional design options for
discussion.
2. March 1I, 2002: SOM presented further building site layouts,
diagrams, programming and a fourth conceptional design option.
After these meetings, the Steering Committee voted unantmously to support proceeding with the schematic
destgn process where the architectural forms assume a more clearly defined look Mr Rtcketts emphastzed
the concepttonal destgns do not necessartly convey the archttectural destgn of theproject to any great detatl
The archttectural destgn wtll be better defined durtng the next ten (I0) weeks Mr Rtcketts introduced
George J Efstahtou - Management Partner - SOM and Letgh S Breslau -Destgn Partner wtth SOM
George d Efstahtou advtsed the project has been dtvtded tnto four (4) bastc phases predestgn, schemattc
destgn, destgn development and constructton document The predestgns are very early concepts and the end
result may not even resemble these destgns However, for these first ten weeks SOM, concentrated on very
tmportant aspects of stte planntng the butldtng and the organtzatton of the butldtng
Letgh S Breslau advtsed thts ts an tmportant project not only for Vtrgtma Beach but potenttally for the
regton Thts ts to be a very masstve facthty of approxtmately ~-MILLIONsquare feet of space to be located
within a few blocks of the Beachfront Mr Breslau advised the larger ballroom can be accommodated wtth
tts support base and all of the exhtbttton area wtthtn the site prevtously planned Thts concept allows the
theater facthty to rematn tn place until such ttme as moved Thts was the whole potnt of starttng the project
to the east and bmI&ng toward the west There has been pressure on the buffer edge along Parks Avenue,
but SOM does not beheve thts wtll be a problem That edge of the butldtng wtll actually '`step up ", so that
the mass of the ballroom wtll not be &rectly on the edge of the street There wtll sttll be a very broad zone
of setback Mr Breslau showed the creatton of a major pubhc space at 19th Street SOM had prevtously
recommended the butldtng's face be turned towards 19'h Street At present, the front of the Pavthon has a
30-foot setback from a major highway. Thts ts not a htghly recommended manner to approach a "state of
the art" conventton center SOM recommended the buddtng be "flipped around" The pubhc space wtll
be across the front of the bmldtng factng a grand new pubhc square and the servtce entrances are on the
back stde of the butldtngfacmg the htghway There should be a sense of arrtval, occaston and grandeur
SOM ts revtewtng development of a pubhc space on both stdes of 19tn Street tn order for more pubhc space
being created and not just a street As the design evolves, 19~n Street at Parks Avenue tn the location of the
Conventton Center may actually change tn tts character It may evolve from a pubhc street tnto a Ctty
Square Then the populous would drtve through the pubhc square on the way past the Conventton Center
Many acttwttes are accommodated wtthtn a pubhc street Thts could become a very compelhngpubhc space
wtth the matertal of the roadway changed All of these tssues presented need to be studted tn detad wtth
a range oftechntcal consultants
March 12, 2002
-3-
CITY MANA GER 'S BRIEFING
CONVENTION CENTER
ITEM # 49393 (Continued)
Beyond the major pubhc space tn Phase I, there ts the potenttal to accommodate shghtly over 3, 000 cars
between parktng areas at the west end of the site and south of 19tn Street on the property the Ctty ts tn the
process of acqutrtng Thts parktng space has been dtvtded by the City grtd to make the parktng areas
understandable and maxtmtze the movement of the cars tn and out of theparktng lots There ts some thought
of narrowtng the 5-block wtdth of 19tn Street Thts ts an unusually wtde block and could be narrowed to
make the pedestrtan expertence a httle more comfortable The potenttal for under- and over-passes ts also
part of the long term study for design of this pubhc space
SOM went on to determine how the second phase would be accommodated A drawing of Phase H was
deptcted Once Phase H comes tnto play, wtth the loss of parktng on the stte, structured parktng would have
to be constdered at thts potnt as 800 spaces would be lost adjotmng the butIdtng A third and fourth phase
south of19t* Street was deptcted These butldtngs will grow every seven to ten years and the growth needs
to be accommodated Thts study shows the Center can substanttally grow to three and four ttmes the current
stze on the stte the Ctty ts tn the process of acqutrtng In the thtrd phase, another parktng garage wtll come
on hne so all the parktng needed wtll be acqutred for the expanded complex As the project ts expanded,
the pubhc space ts also expanded Thts can be a wonderful ctvtc plaza when closed off for certatn events,
not just for a roadway The surroundtngs do not suggest an archttectural dtrectton whtch could be emulated
The second set of boards dlustrates the ortentatton of the proposed Conventton Center on the stte, whtch ts
sttll betng evaluated There ts a questton of ortenttng the bmldtng and tts matn access perpen&cular to the
htghway or parallel to 19tn Street versus parallel to the highway In the final dtagram, the pubhc space has
been shtfted and related to 19'h Street, however, the butldtng ts parallel to the htghway. Thts stttng ts sttll
open At Parks Avenue, there ts a "shift in the grid" of the ortentatton whtch ts exemphfied tn the houstng
development north of the htghway me&an, the arts center and other bmldmgs Thts shift must be understood
as to whtch &rectton the butldtng must be ortented
The next set of presentatton boards &splayed tnvolves the public space The questton of the drop offs
(shuttle bus traffic, vtsttor cars, pedestrtan arrtvai, posstble hnkage from a stgnature hotel, emergency
vehtcle and securtty person access) occurrmg tn the front of the butldtng was revtewed There ts a lot of
movement Control of access must be answered tn the context of the pubhc space Four alternattves were
revtewed (1) Pubhc space only being north of19th Street/drop-off comtng off ]9th Street tn front of the
butldtng, (2) Crosstng ]9th Street, but sttll utthze the drop-off tn front of the butldtng, (3) Boulevard through
19~h Street, whtch began to reduce the wtdth of the street to the me&an and then cross agam (part of the ]9th
Street Corrtdor study), and (4) more radtcal scheme wtth all the traffic movtng around the edge of the space
This fourth alternative ts another option, but not recommended at thts potnt The small rectangular
elements, deptcted on the tllustratton, are very tnternahzed and proposed to be small pavthon centers
outside the Conventton Center Potentially an exhibitor could chose to occupy that Pavdton with an element
of thetr matn exhtbttton tn the Conventton Center From an urban destgn potnt of view, thts provtdes a gdt
edge rather than a sea of parktng lots These pavthons can also serve to be an orientation element, serving
as an tnformatton ktosk These might also be made avatlable to the communtty for fund drtves At the
tntersectton of 19tn Street and Parks Avenue, tt ts beheved there wtll be another archttectural structure, a
symbol whtch marks the tntersectton tn some spectal manner stgntfytng arrtval at the Conventton Center
complex and gateway to the pubhc space The access to the complex ts fatrly stratghtforward Thts can be
cleaned up and separate the servtce stde from the pubhc side, which ts one of the prtmary goals of the
project It ts obvtous at thtspotnt that IlYn Street becomes theprtmarypubhc access Boulevard to all future
phases and the upcomtng phase of the Conventton Center The access to the Convention Center can be
cleaned up and the servtce stde can be separated from the pubhc stde, whtch is one of the prtmary goals of
th ts project Ithtnk tt ts obvtous that ]9th Street becomes the prtmary pubhc access Boulevard to all future
phases and the upcomtng phase of the Conventton Center Another movement has to do wtth the trucks
whtch brtng the exhtbtts and the products to the Conventton Center, a major concern At the present trine,
SOM recommends the trucks come off Pavthon Drive to the west, move tnto the stte utthztng the zone behtnd
the Conventton Center and return, back onto Pavthon Drive There ts ample dtmenston behtnd the
Conventton Center for trucks to turn around tncludtng 75- and 80-foot semt trucks SOM ts planntng on
essenttally clostng the servtce movement area (archttecturally shtelded from mew) Between this
archttectural structure and the htghway wtll be a landscape buffer Mr Breslau &splayed a three
dtmenstonal form dtagram of the butldtng areas An Exhtbttton Hall wtll be supported by the pubhc lobbtes,
otherpubhc amentttes as restrooms, telephone servtce and the meeting rooms On the other stde wall be the
loadtng docks wtth all utthttes
March 12, 2002
-4-
CITY M/INA GER 'S BRIEFING
CONVENTION CENTER
ITEM # 49393 (Continued)
The ground floor deptcts the pubhc concourse runmng the full length, as opposed to betng wedged between
space, a sertes of uttlity elements, support elements along one stde of the pubhc lobby, and the halls whtch
connect to the Ballroom At ttmes the Ballroom can be utthzed for exhibitions It will not always be used for
Ballroom purposes That conttnutty ts powerful wtth an tncredtble sense of expanston to the facthty The
halls wtll be subdtvtded at a mmtmum tnto three modules Each wtll be supported by loachng docks off the
back stde The Ballroom can also be subdtvtded tnto smaller modules and ts eqmpped with a massive kitchen
and support facthty On the level above, the meettng rooms are chstrtbuted along the length of the enttre
concourse As the halls are subdtvtded, the meettng rooms are also subchvtded There ts pubhc ctrculatton
assoctated wtth the second level On the back side of the bmldtng ts addtttonal pubhc support for the halls
and the three blue boxes deptcted represent food servtce areas The butldtng ts destgned to be flextble Above
thts level ts a set of utthty systems The hall ts 240feet deep and almost three ttmes the stze of the current
hall will be potenttally a clear span There will be no columns tn that space There will not be the undulating
cethng whtch gets tn the way of exhtbttton space There will be a cethng and floor grtd A sertes of opentngs
ts deptcted tn the second level, whtch represent actual opentngs tn the butldtng to the sky SOM ts tnterested
tn bringing natural hght tnto the pubhc area Thts butldtng can expand tn a very rattonal manner whtch ts
the goal ora good destgn for a Conventton Center
Mr Breslau referenced the three (3) basic conceptional models of the Convention Center structure
Fabric ortgtnally tnsptred by oceanfront condtttons and the harbor The
tmphcattons of satl-hke forms were studted Thts ts a cable supported
structure wtth a sertes of folded glass planes, tnterlockmg tn the same
manner as satls The tower ts a symbohc marker of arrtval at a spectal
place The tower (wtth a lookouO spans approxtmately 150feet (under the
fltght zone requtremen0 The tower wtll also contatn the major boardroom
for the Conventton Center Thts wtll be a spectal meettng room which
could charge a higher premium for tts leasmg Thts tower ts hterally a
"hghthouse "
Platform The Coastal archttecture of the regton deptcts double porches
(ground and second level) An extraordtnary metal roof plane ts the
organtztng element of the enttre complex Thts ts a masstve structure wtth
cantdevered edges Shctng through thts roof plane ts a lobby runmng the
enttre length of the butldtng A tower emerges at the potnt of thejunctton
between the ballroom end of the butldtng and the exhtbttton halls Thts ts
a gtantporchfor the City, open and tnvtttng
Vessel: Thts concept ts the hull ora vessel lytng tn the beach The lobby
can be vtsuahzed as floating tn water Thts concept contatns all the
prevtous elements hght wells, meetmg rooms marchtng down tts length
The roof structure ts very expresstve dtfferenttattng one end of the butldmg
from the other. The food servtce elements are emergtng out of the back of
the butldtng There ts another structural element reachtng out over the
loadmg docks and then enclostng them Thts ts a secondary structural
system Wtthtn the curves, there ts a memory of the ortgtnal butldmg
Mr Breslau referenced the combtmng of schemes and &splayed a conceptton contatntng the remnant of the
vessel wtth a soft curvature, and the porch findtng tts way through the scheme Mr Breslau advtsed SOM
has destgned many glass systems to rematn tn place durtng stgmficant wtnd loads The glass wtll
stgntficantly contrtbute to hmtttng the tmpact of the sun Low E Glass ts a product used on every butldtng
destgned by SOM The hght green ttnt coatmg ts vtstble The destgn of wtndow washtng systems ts always
apart of a matntenance system The tracks for the wtndow washtng system wtll be butlt-tn Although more
expenstve, there ts the optton for automated wtndow washers (the butldtng cleans ttselJ)
Relattve the practtcahty of leavtng the theater tn place, tt wtll tn the end be factng the wrong way The lobby
of the theatre wtll be overlooktng the loadtng dock whtle the rest of the Conventton Center wtll be correctly
orgamzed I, Vtth the creatton of the new Conventton Center, the existing central plants wtll be shut down
over ttme and all new uttltty, mechantcal and electrtcal systems wtll have to be attached to the theatre Thts
wtll result tn stgntficant cost The thtrd challenge wtll be the pubhc access to the theatre If left tn place, thts
wouM be an "eyesore" and the look wouM be tnstantly dated
March 12, 2002
-5-
CITY MANA GER 'S BRIEFING
CONVENTION CENTER
ITEM # 49393 (Continued)
Mr Breslau advised the space south of 19tn Street ts for anticipated growth tn the future The conventton
centers conttnue to grow To accommodate all of the growth, structured parktng sttes wtil have to be butlt
around the stte Concermng constructton of a theater south of 19tn Street, the Ctty ts undertaktng an
extenstve taktng of property tn thts area and tn that process there may be sttes that wouM accommodate a
theatre Mr Breslau would not recommend butldtng tt tn the general area of the Conventton Center Theaters
generally do not belong tn or near Convention Centers They tend to conflict The posttton of the theatre
does not alter tts cost It does become more dtfficult for all four phases of the Conventton Center to
communtcate if they are further apart
Mr Rtcketts advtsed there ts an optton for the Town Center to utthze the "hght garden "sculpture from the
Pavthon
The Ctty Manager advtsed the presentatton by Theatre Projects Consultants and Webb Management
Services relattve stze, cost opttons and operatmgpro forma for the performtng arts theatre ts scheduled for
the Aprtl 2, 2002, Ctty Counctl Sesston Thts presentatton wtll encompass a range of opttons The proposed
Resource Management Plan will contain a Capttat Improvement Program sheet on the theatre, outhntng the
locatton and budget approved Hopefully by the mtddle of May, all these tssues wtil be constdered and a
chrectton on the theatre provtded
Btlly Almond, represented Chatrman Rob Goodman - Convention Steertng Commtttee, and advtsed of thetr
support for thts project concept Mr Almond, a member of the Resort Advtsory Commission -Destgn
Revtew Commtttee, stated SOM ts a firm whtch ts comprtsed of some of the best archttects and destgners
tn the Country The Commtttee concurs wtth the destgns SOMts a worldclass archttectural firm The tmage
is spectacular and would be an tcon for the Ctty The destgns are extremely conceptual
Concern was expressed relattve the cables utthzed and gotngfrom a Quonset hut to a scaffold look Mr
Breslau concurred refinement ts necessary and SOM has a year to destgn the butldtng SOM wtil not submtt
proposals the Ctty Counctl cannot afford At the end of the schemattc destgn, the esttmators wtil prtce the
optton (approxtmately 10 weeks)
Mayor Oberndorf advtsed thts ts a Twenty-first/Twenty-second Century bmldmg and resembles an edifice
The Mayor compared tt to the Central Ltbrary wtth masstve spans of glass opentng the hbrary to the sun
March 12, 2002
-6-
AGENDA RE VIE W SESSION
5:17 P.M.
ITEM # 49394
BY CONSENSUS, the foIlowtng shall compose the CONSENT AGENDA:
ORDINANCES/RES OL UTION
I 1. Ordtnance to AMEND andREORDAIN3~ 10-1 of the Ctty Code to
Move the polhng place for the Capps Shop Prectnct from the
' ' ........ '~ ....... ' "---' J .... Bay bly
~v,~,~,,,,~, ,~,,,,, ~,, ,.,,,,,,,,,~; to Back Christian Assem at
1196 Prtncess Anne Road
b Close the Htlltop Prectnct at '~- - -' °'- --' .... -' '-'~' ....... '~' ...... "
Modtfy the boundaries for the Oceana, Ltnkhorn, Eastern Shore,
South Beach, North Beach, Bellamy and Round Hill voting
precincts
12
Ordtnance to ACCEPT and APPROPRIATE $12,826from the
Federal Government to the FY 2001-02 operating budget of the
Soctal Servtces Department re enhancement of adoption-related
services
13
Or&nance to AUTHORIZE the Ctty Manager to execute a Deed
of Release and Exchange re an agricultural land preservation
easement owned by Mddred C Furlough on In&an Creek Road
14
Resolutton to AUTHORIZE the Ctty Manager to stgn a
Memorandum of Agreement to tmprove the wetlands
compensation process tn the Southern Watershed Area
Management program (SWAMP)
March 12, 2002
-7-
AGENDA RE VIE W SESSION
ITEM # 49395
J1
Apphcatton of COLONEL WILLIAM H. and JO A. GALL UP
for an enlargement/conversion of a nonconforming use and
add an ad&tton, enclose the deck and shed wtth a second floor
ad&tton to the structure at 304 45th Street, contatnmg 6,477 5
square feet (BEA CH - DISTRICT 6)
Attorney Edward Bourdon requested a DEFERRAL until the Ctty Counctl Sesston of Aprtl 9, 2002 The
North gtrgtnta Beach Ctvtc League has also requested a WITHDRAWAL.
ITEM # 49396
J 2 Apphcatton of WOODFINHEA TING, INC.,for a Con&ttonal
Use Permit for an automobile service station on the east side of
First Colontal Road, north of Vtrgmta Beach Boulevard,
contamtng 41, 817 6 square feet
(BEACH- DISTRICT 6)
The applicant's attorney, R d Nutter, ts requesttng wtthdrawal
ITEM # 4939 7
J 3 Apphcatton of TYSINGER MOTORSPORTS, L.L.C., a
Vtrgtnta hmtted habthty company, for a Con&ttonal Use Permtt
re a small engine repair estabhshment (motorcycles) on the
south stde of Vtrgtnta Beach Boulevard, east of Fart Meadows
Road (5503 Vtrgmta Beach Boulevard), containtng 0 9392 acres
(KEMPSV[LLE - DISTRICT 2)
Councdman Man&go referenced the addttton of Con&tion 9 The extsttng contatner on the rear of the stte
shall be removed
Counctl Lady Parker expressed concern relattve the excesstve norse of motorcycle engtnes Counctlman
Man&go advtsed the metal butl&ng stts on the north end of the lot and the only buffer are ptne trees which
wtll eventually grow and may muffle the norse, however, all repatrs must be accomphshed wtthm the
bmldmg
Stephen Whtte, Planntng, advtsed repairs must be performed wtthtn the butldtng whtch ts located tn the
northern portion of the parcel, adjacent to Virginia Beach Boulevard This is a long &stance between the
butl&ng and the houstng
ITEM # 49398
Apphcatton of ARACELI G. DIAZ and VICTORIA GUMAPAS
for a Condmonal Use Permtt re housing for seniors and
disabledpersons on Lot 27, Block L, Fox Run, Sectton Two (901
Marlborough Ctrcle), containing 10,360 square feet (
KEMPSVILLE - DISTRICT 2)
Councdman Man&go advtsed he had recetved concerns from ctttzens Thts ttem wdl be &scussed durtng
FORMAL SESSION
March 12, 2002
-8-
AGENDA RE VIE W SESSION
ITEM ii 49399
BY CONSENSUS, the followtng shall compose the PLANNING B Y CONSENT AGENDA:
JI
J2
J3
Apphcatton of COLONEL WILLIAM H. and JO A. GALLUP
for an enlargement/conversion of a nonconforming use and
add an addttton, enclose the deck and shed wtth a second floor
addttton to the structure at 304 45th Street, contatntng 6,477 5
square feet (BEA CH - DISTRICT 6)
Apphcatton of WOODFIN HEA TING, INC., for a Con&tional
Use Permtt for an automobile service station on the east side of
Ftrst Colomal Road, north of Vtrgmta Beach Boulevard,
containing 41, 817 6 square feet
(BEA CH- DISTRICT 6)
Apphcatton of TYSINGER MOTORSPORTS, L.L.C., a
Vtrgtma hmtted habdtty company, for a Conchttonal Use Permtt
re a small engine repair estabhshment (motorcycles) on the
south side of Vtrgtnta Beach Boulevard, east of Fart Meadows
Road (5503 Vtrgmta Beach Boulevard), contammg 0 9392 acres
(KEMPSVILLE - DISTRICT 2)
J 4 Apphcatton of CENTRAL PARK ASSOCIATES, L.L.C., for a
Change of Zomng Dtstrtct Classtficatton from R- 7.5 Residential
to Conditional B-2 Community Business re property on the
south side of Bonney Road, east of Wttchduck Road (5129
Bonney Road), contatmng 4 acres ( KEMPSVILLE- DISTRICT
2)
Item J 1 will be DEFERRED, BY CONSENT, untd the Ctty Councd Sesston of Aprd 9, 2002
Item J 2 wdl be WITHDRAWN, BY CONSENT
March 12, 2002
-9-
CITY COUNCIL COMMENTS
5:24 P.M.
ITEM # 49400
Vtce Mayor Sessoms advtsed he and Counctl Lady Parker, represent the Ct0~ on the Hampton Roads
Transportation District (HRT). The year-end audtt has sttll not been obtatned Vtce Mayor Sessoms ts
hopeful to recetve a prehmtnary cost durmg the HRTMeettng at 9:30A.M. on March 13, 2002. It appears
there wtll be a defictt of approxtmately SI-MILLION for the enttre membershtp of HRT The Ctty's cost
would amount to approxtmately $260,000, wtth Norfolk's cost bemg about $600,000. Addtttonally, this
would have an tmpact on the current budget The Ctty staff, and outside consultants have been involved tn
an attempt to solve thts problem Vice Mayor Sessoms has requested Patrtcta Phtlhps, Dtrector of Ftnance,
or Steven T Thompson, Chtef Ftnanctal Officer, attend to asstst Vtce Mayor Sessoms
Councd Lady Eure tnqutred tf HRT ts constdermg any evaluation of management Vtce Mayor Sessoms
advtsed he will confer wtth Counctl Lady Eure relattve this concept
The Mayor and Counctl Members expressed confidence tn the excellent performance of Vtce Mayor Sessoms
and Counctl Lady Parker
Mayor Oberndorf also comphmented the tncre&ble staff of the Ctty Manager, Patrtcta Phtlhps, and Dale
Castellow, Transportatton Planntng Co-Ordtnator
Counctlman Branch stated that stnce locahttes, by law, must have balanced budgets, how does the HRT
defictt effect the Ct0~ and the habthty of the Commtsston members?
Vtce Mayor Sessoms has requested Attorney Don Clark advtse the Commtsston re the responstbthty of
Counctl Lady Parker and himself
The Ctty Attorney advtsed every pubhc agency tn the Commonwealth ts reqmred to have a balanced budget,
however, he has not revtewed thts law tn the context of the HRT deficit The Ctty Attorney wtll have to
revtew the provtstons of HRT's charter Attorney Clark ts the counsel for HRT.
Counctl Lady Henley requested an adjustment to the appointment pohcy allowtng Vtce Mayor Sessoms and
Counctl Lady Parker to conttnue their servtce on this Board Thts Board needs expertence One of HRT's
problems has been very mexpertenced membership Council Lady Parker advised Vice Mayor Sessoms ts
scheduled to be the Chatrman next year
ITEM # 49401
Council Members McClanan and Wdson are the appotnttve agency Ltatsons for the review of the Boards
and Commtsstons Counctl Lady Wtlson &strtbuted a statement offive goals to be constdered for the future
efficiency of the Boards and Commissions Councd Members McClanan and Wilson requested City Counctl
revtew and advtse
ITEM # 49402
Mayor Oberndorf referenced the request of Old Dominion University President Roseann Runte for the
Mayor and Ctty Counctl's presence for breakfast or lunch and a presentatton on ODU'S eagerly awatted
developments on thetr campus 2002 wtlI feature the grand openmg of the 8, 600-seat Constant Convocatton
Center and the tnnovattve M,4GLEV transportatton system connecttng the matn campus to the Constant
Center They have recently broken round for their new Engtneertng and Computational Sctences bmldtng
with another groundbreaktngfor the Phystcal Sctences wmg of the Oceanography and Phystcs butldtng tn
the very near future Mayor Oberndorf advtsed the Ct0~ Clerk had forwarded correspondence requesting Ct0/
Counctl's consensus of dates Aprtl 30~May 15~May 16
ITEM # 49403
Mayor Oberndorf advtsed the US Conference of Mayors requested former Governor Thomas Rtdge and
the White House star to prepare a system relative warntngs of terrorists threats Governor Rtdge- Secretary
of Homeland Securtty for the Prestdent has devtsed the "green ", "blue", "red" concept of response
representmg varying degrees of seriousness C Oral Lambert, Chief Operating Officer, has requested Ftre
Chtef Cade to contact all Ct0~ Departments to devtse a chsaster plan tn thts locahty
March 12, 2002
- 10-
CITY COUNCIL COMMENTS
ITEM # 49404
Mayor Oberndorf advtsed the squadrons on the USS Kennedy were from Oceana. Ctttzens should remember
that the servtcemen and women are Volunteers as there ts no DRAFT These men and women are
volunteertng to matntatn our democracy and freedom Our thoughts and prayers wtll be wtth them and thetr
famthes
ITEM # 49405
Mayor Oberndorf referenced the Randall Arendt Presentation on Thursday, ~4prtl 11, 2002, 9 O0,4 M to
12'00 Noon
Mr Arendt wtll be speaktng on the "Principles of Rural Design".
Counctl Lady McClanan suggested thts Presentatton be taped as some Counctl Members may haveprevtous
commttments and be unable to attend
March 12, 2002
-11-
ITEM # 49406
Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Ctty Counctl Conference Room, City Hall Butldtng, on Tuesday, March 12, 2002, at 5 43
PM
Counctl Members Present.
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M. Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Wtlham
D Sessoms, Jr and Rosemary Wilson
Council Members Absent
None
March 12, 2002
- 12-
ITEM it 4940 7
Mayor Meyera E Oberndorf entertatned a motton to permtt Ctty Counctl to conduct tts CLOSED
SESSION, pursuant to Section 2.1-344(A), Code of Vtrgmta, as amended, for the followmg purpose
PERSONNEL MA ITERS Dtscusston, constderatton or tntervtews of
prospecttve can&dates for employment, asstgnment, appotntment,
promotton, performance, demotton, salartes, &sctplintng, or
restgnatton of specific pubhc officers, appotntees, or employees
pursuant to Sectton 2 1-344 (A) (1)
To Wtt Appotntments
Boards and Commtsstons
Shore Drtve Advtsory Commtttee
Ttdewater Regtonal Group Home Commtsston
PUBLICLY-HELD PROPERTY. Dtscusston or constderatton of the
acqmsttton of real property for a pubhc purpose, or of the &sposttton
of pubhcly-held real property, where &scusston tn an open meettng
would adversely affect the bargatntng posttton or negottattng strategy
of the pubhc body pursuant to Sectton 2 1-344(A)(3)
Acqutsttton of Property - Lynnhaven Dtstrtct
Upon motton by Councdman Branch, seconded by Vtce Mayor Sessoms, Ctty Council voted to proceed tnto
CLOSED SESSION.
Voting 11-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Wtlham
D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent'
Vtce Mayor Wtlham D Sessoms, Jr
(Time of Closed Session: 5:45 P.M. to 6:13 P.M.)
The Ctty Attorney advtsed Mayor Oberndorf relattve the Vtce Mayor's request to add HRT under
PERSONNEL, the Attorney General has ruled that unless you are the appotnted body, you cannot go tnto
Closed Sesston relattve thts subject Vtce Mayor Sessoms beheved he could respond to the tn&vtdual Counctl
Members.
March 12, 2002
- 13-
FORMAL SESSION
VIRGINIA BEA CH CITY CO UNCIL
March 12, 2002
6:14 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Counctl Chamber, Ctty Hall Budding, on Tuesday, March 12, 2002, at 6 14 P M
Councd Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker,
Rosemary Wtlson and Vtce Mayor Wtlham D Sessoms, dr
Counctl Members Absent
None
INVOCATION
Reverend Joseph Stalhngs, ,Ir
Ctty of Refuge Chrtsttan Church of Vtrgtnta Beach
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vtce Mayor Sessoms, betng a Corporate Officer of Wachovta Bank, DISCLOSED there were no matters
on the agenda tn whtch he has a "personal tnterest", as defined tn the Act, esther tnchvtdually or tn hts
capactty as an officer of Wachovta Bank whtch recently merged wtth Ftrst Unton Nattonal Bank The Vtce
Mayor regularly makes thts Disclosure as he may not know of the Bank's tnterest tn any apphcatton that may
come before Ctty Counctl l/'tce Mayor Sessoms' letter February 5, 2002, ss hereby made apart of the record
March 12, 2002
Rem ~E
- 14-
CER TIFICA TION OF
CLOSED SESSION
ITEM # 49408
Upon moaon by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc business matters lawfully exempted from Open Meettng
requtrements by Vtrgtnta law were chscussed tn Closed Sesston to whtch
thts certtficatton resolution apphes,
AND,
Only such pubhc bustness matters as were tdenttfied tn the motton
conventng the Closed Sesston were heard, dtscussed or constdered by
Vtrgtnta Beach Ctty Councd
Vottng 11-0
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandigo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wdham D Sessoms, Jr and Rosemary Wdson
Councd Members Vottng Nay
None
Councd Members Absent
None
March 12, 2002
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Vlrgima Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded ~n ITEM ii 49407, page 12, and in accordance with the
prowslons of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2 2-3711(A) of the Code of V~rg~ma requires a certification by the
governing body that such Closed Session was conducted ~n conformity w~th V~rg~ma law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Coullcll hereby
certifies that, to the best of each member's knowledge, (a) only pubhc business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed ~n Closed Session to
which this certification resolution apphes; and, (b) only such pubhc bus~ness matters as were
identified m the motion convemng this Closed Session were heard, discussed or considered by
Vlrglma Beach City Council.
~d~th Hodge~ Smith, MMC
City Clerk
March 12, 2002
Item I/-F. 1.
- 15-
MINUTES
ITEM # 49409
Upon motton by Councd Lady Parker, seconded by Councdman Man&go, Ctty Councd APPROVED the
Mtnutes of the INFORMAL AND FORMAL SESSIONS of March 5, 2002
Vottng 10-0
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera
E Oberndorf, Robert C Man&go, Jr, Nancy K Parker and Rosemary'
Wdson
Councd Members Vottng Nay
None
Councd Members Abstatmng
Vtce Mayor Wdham D Sessoms, Jr
Councd Members Absent
None
Vtce Mayor Sessoms ABSTAINED as he was not tn attendance durtng the Ctty Councd Session of March
12, 2002
March 12, 2002
Item V-G. 1.
- 16-
ADOPT AGENDA
FOR FORMAL SESSION
ITEM it 49410
BY CONSENSUS, Ctty Councd ADOPTED:
AGENDA FOR THE FORMAL SESSION
March 12, 2002
-17-
Item V-H. l. afo/c
PUBLIC HEARING
ITEM # 49411
Mayor Oberndorf DECLARED A PUBLIC HEARING
ELECTION DIS TRICT PRECINCT CHANGES:
tr Establish a new polling place for the Capps Shop voting precinct
b. Close the Hilltop voting precinct
c. Modify the boundaries for the Oceana, Linkhorn, Eastern Shore,
South Beach, North Beach, Bellamy, and Round Hill voting precincts
There betng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING
March 12, 2002
- 18-
Item V-I.
ORDINANCES/RES OL UTION
ITEM # 49412
Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Harrtson, Ctty Counctl APPROVED IN
ONE MOTION, Or&nances/Resolutton la/b c, 2, 3, and 4 of the CONSENT AGENDA.
Vottng 11-0 (By Consent)
Councd Members Votmg Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
March 12, 2002
Item V-I. l. afo/c
- 19-
ORDINANCES/RES OL UTION
ITEM # 49413
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Harrtson, Ctty Councd ADOPTED:
Ordtnance to AMEND and REORDAIN ~ I0-1 of the City Code to
Move the polhng place for the Capps Shop Prectnct from the
Moaqiiito '~ ....... ' .... '-' ....
,~o,,,, ~,, .,,,,,,,,,,~; to Back Bay Christian Assembly at
1196 Prtncess Anne Road
b Close the Hilltop Prectnctm~t Good Sliepheid Latheiaii Cliiirch
Mo&fy the boundartes for the Oceana, Ltnkhorn, Eastern Shore,
South Beach, North Beach, Bellamy and Round Hdl vottng
prectncts
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr., Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wdham D Sessoms, Jr and Rosemary Wdson
Counctl Members Vottng Nay
None
Councd Members Absent
None
March 12, 2002
AN ORDINANCE TO AMEND AND REORDAIN
CITY CODE ~ 10-1 BY MOVING THE
POLLING PLACE FOR THE CAPPS SHOP
PRECINCT, CLOSING THE HILLTOP
PRECINCT, AND CHANGING THE BOUNDARY
LINES FOR OCEANA, LINKHORN, EASTERN
SHORE, SOUTH BEACH, NORTH BEACH,
BELLAMY AND ROUND HILL PRECINCTS
SECTION AMENDED: ~ 10-1
10
11
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA'
12
That Section 10-1 of the City Code is hereby amended and
13 reordained to read as follows-
14 Sec. 10-1. Establishment of precmncts and polling places.
15 There are hereby established in the city the following precincts
16 and their respective polling places, as set forth below'
17 Precinct
Polling Place
18 Alanton
Alanton Elementary School
19 Aragona
Kemps Landing Magnet School
20 Arrowhead
21 Baker
Arrowhead Elementary School
Heritage United Methodist Church
22 Bayside
23 Bellamy
24 Blackwater
Bayside Elementary School
Salem Middle School
Blackwater Fire Station
25 Bonney
26 Brandon
Center for Effective Learning
Brandon Middle School
27 Brookwood
Brookwood Elementary School
28 Buckner
29 Cape Henry
30
31
32 Capps Shop
33
Holy Spirit Catholic Church
Research and Enlightenment_ Building
(Edgar Cayce Library)
~.~. ~-~usquito Control Bui~=~-'in?
Back Bay Christian Assembly
34 Centerville
Centerv~lle Elementary School
35 Chesapeake Beach
Bayside Baptist Church
36 College Park
College Park Elementary School
37 Colonial Colonial Baptist Church
38 Colony Lynnhaven Colony Congregational Church
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
Courthouse
Creeds
Culver
Dahlia
Davis Corner
Eastern Shore
Edinburgh
Fairfield
Foxfire
Glenwood
Great Neck
Green Run
nil~
Holland
Homestead
Hunt
Indian Lakes
Kings Grant
Kingston
Lake Smith
Landstown
Larkspur
Linkhorn
London Bridge
Lynnhaven
Magic Hollow
Malibu
Mt. Trashmore
North Beach
Ocean Lakes
Ocean Park
Courthouse Fire Station
Creeds Fire Station
Ocean Lakes High School
Green Run High School
Bettie F. Williams Elementary School
Eastern Shore Chapel
St. Aidan's Episcopal Church
Fairfmeld Elementary School
Princess Anne Middle School
Glenwood Elementary School
Ail Saints Episcopal Church
Green Run Elementary School
Holland Elementary School
Providence Presbyterian Church
Princess Anne Recreatzon Center
Indian Lakes Elementary School
St. Nicholas Catholic Church
Kingston Elementary School
Bayside Church of Christ
Landstown Community Church
St. Andrews United Methodist Church
Virginia Beach Community Chapel
London Bridge Baptist Church
Grace Bible Church
Roma Lodge No. 254
Malibu Elementary School
Windsor Woods Elementary School
First Baptist Church of Virginia Beach
Ocean Lakes Elementary School
Bayside Christian Church
70 Oceana Scott Memorial United Methodist Church
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
Old Donation
Pembroke
Plaza
Point O'View
Providence
Red Wing
Rosemont Forest
Roundhill
Rudee
Salem
Seatack
Shannon
Shell
Shelton Park
Sherry Park
Sigma
South Beach
Stratford Chase
Strawbridge
Thal~a
Thoroughgood
Tmmberlake
Trantwood
V~llage
Windsor Oaks
Witchduck
Wolfsnare
Woodstock
Central Absentee
Voter Precinct
Old Donation Center for G~fted
Pembroke Elementary School
Lynnhaven Elementary School
Kempsville Church of Christ
Kempsv~lle Recreation Center
Seatack Elementary School
Rosemont Forest Elementary School
Salem H~gh School
V~rgin~a Beach Volunteer Rescue Squad
Building
Salem United Methodist Church
Seatack Community Recreatzon Center
Church of the Ascension
Unity Church of T~dewater
Shelton Park Elementary
St. Matthews Catholic Church
St. John the Apostle Catholic Church
Contemporary Art Center of V~rg~nla
Providence Elementary School
Strawbr~dge Elementary School
Thalia Elementary School
Independence Middle School
Whmte Oaks Elementary School
V~rginia Beach Christian Church
Thal~a Lynn Baptist Church
Windsor Oaks Elementary School
Bays~de Presbyterian Church
Virginia Beach Christian Life Center
Avalon Church of Christ
Agriculture/Voter Registrar Building
103 BE IT FURTHER ORDAINED:
104
That the following precinct boundary changes, as descrmbed
105 below and set forth mn greater detail in the maps labeled
106 "Precinct Boundary Changes" filed wroth the City Clerk on March
107 5, 2002, are hereby approved:
108 Precinct Name Change
109 (a) Hilltop
110
Precinct closed, splzt between
Oceana and Linkhorn precincts.
111 (b) Oceana
112
Northern boundary moved to take
part of old Hilltop precinct.
113
114
(c) Linkhorn
Western boundary moved to pick
up part of old Hilltop precinct.
115
116
117
(d) Eastern shore
Eastern boundary moved to absorb
western half of existzng Oceana
precinct.
118
119
120
(e) North Beach
Southern boundary extended to
pick up territory of existmng
Seuth Beach precinct.
121
122
123
(f) South Beach
Western boundary moved to absorb
part of existmng Linkhorn
precinct.
124
125
126
127
(g) Bellamy
Southeastern corner moved to
Round H~ll precinct.
128
129
Adopted by the City Council of the City of Virginma Beach,
Virgmnia, on this 12th day of March , 2002.
CA-8410
DATA/ORDIN/PROPOSED/10-1 Hilltop.ord
R3
March 4, 2002
APPROVED AS TO CONTENTS:
APPROVED AS TO LEGAL
SUFFICIENCY:
hity At~torne~7~ 'Of'~ice
Item V-I.2.
- 20 -
ORDINANCES/RES OL UTION
ITEM # 49414
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Harrtson, Ctty Counctl ADOPTED:
Or&nance to ACCEPT and APPROPRIATE $12,826from the Federal
Government to the FY 2001-02 operattng budget of the Soctal Servtces
Department re enhancement of adoption-related services
Vottng'
11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C
Man&go, dr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wdham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
March 12, 2002
Ai~ ORDINANCE TO ACCEPT AND
APPROPRIATE $12,826 IN ADOPTION
INCENTIVE FUNDS FROM THE FEDERAL
GOVERNMENT TO THE FY 2001-02
OPERATING BUDGET OF THE DEPARTMENT
OF SOCIAL SERVICES TO ENHANCE ITS
ADOPTION-RELATED SERVICES
10
11
12
13
14
15
16
17
18
WHEREAS, the Federal Adoption and Safe Fammlmes Act of
1997 authorizes adoption bonuses for states that increase the
number of foster children who are adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL (DF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That $12,826 mn adoption incentive funds from the
Federal Government ms hereby accepted and appropriated to the FY
2001-02 Operating Budget of the Department of Social Services to
enhance the Department's adoption-related services.
2. That estmmated revenue from the Federal Government mn
the FY 2001-02 Operatmng Budget is hereby increased by $12,826.
19
20
Adopted by the Councml of the Czty of Virginia Beach,
Virginia, on the 12th day of March , 2002.
21 Requires an affirmative vote by a majority of the members of C~ty Council
22
23
24
25
CA-8420
Ordin/Noncode/Incentiveord.wpd
R-1
March 1, 2002
26
27
28
29
Approved As to Content:
Management Services /
Approved As To Legal
Sufficiency:
m~tm~e'n~/~
DATE: April 6, 2001
TO:
Local Departments of Social Services Directors, Foster
Care and Adoption Staff, Regional Foster Care and
Adoption Consultants
FROM:
Brenda Kerr, Adoption Program Manager
SUBJECT:
Adoption Incentive Funds and OASIS Issues
CONTACT:
Brenda Kerr (804) 692-1290. Bik2~ds.s. state..va.us
GOOD NEWS! VIRGINIA HAS RECEIVED ADOPTION INCENTIVE FUNDS
FOR FISCAL YEAR 1999.
Adoption Incentive Funds
The Adoption and Safe Families Act of 1997 authorizes adoption bonuses for
states that increase the number of foster care children who are adopted. To
draw down these federal funds, Virginia had to establish preliminary baseline
data on the number of adoptions for fiscal year 1997. The baseline was
determined by averaging the number of children leaving care through adopbon
for fiscal years 1995, 1996, and 1997. Virginia's 1997 baseline was 298 children.
For each adoption in 1998 over the baseline, Virginia would have received
$4,000 per child plus an additional $2,000 if the child adopted was receiving Title
IV-E adoption assistance.
To receive the adoption incentive funds, stabstical data ~s submitted to the
federal government through our AFCARS semi-annual submissions. Virginia did
not receive adoption incentive funds for fiscal year 1998 because the adoption
reformation required for incentive funds was not entered into OASIS.
Our adoption rate was also under-reported in 1999. However, the federal
government was aware of the fact that adoptions in Virginia were increasing
although our AFCARS submissions did not reflect an increase. The federal
government advised that we could re-submit the 1999 AFCARS data.
Consequently, we completed a data run from ARRIS to identify those children
who had a final order of adoptio.n entered in fiscal year 1999. ARRIS is another
computerized information system but data is entered exclusively by central office
staff on all adoption petitions filed in Virginia. ARRIS provides broader
information on children adopted in Virginia but includes those children who were
adopted from the foster care system. The ARRIS printout, which showed the
number of final orders of adoption for children in public agency custody, was
compared with a listing of children in OASIS. In some cases, the children had a
Post-It' Fax Note 7671
co ( ~
case ~n OASIS but suffi~ent ~nformation had not been entered to meet the
AFCARS requirements. In other cases, there was not an OASIS case.
With the help of staff from OASIS, local workers were contacted and willingly
agreed to enter the critical information for those children who had a case record
in OASIS. For the remaining cases, an OASIS case was created here in central
office and the required information was entered by central office.
As a result of this effort, Virginia showed an increase in the number of children
adopted in 1999 over the 1997 baseline. Adoption Incentive Funds in the
amount of $212,000 have been awarded. Following is a list of the agencies that
increased their adoptions in 1999 and the amount of money awarded to each
agency.
The money that is allocated must be spent on adoption services. The money will
be available through the LASER financial system.
I would like to take this opportunity to thank all of you for the efforts you are
making to increase the number of children in foster care achieving the
permanency goal of adoption You are doing a great job and your efforts need to
be recognized and rewarded!
Fiscal Year 2000
Your efforts cannot be recognized if the critical information is not entered into
OASIS in a timely manner. Although the federal government gave us a chance
to correct our 1999 data, it is not likely that we will get this chance for the 2000
data.
A preliminary review of data from ARRIS indicates that Virginia might be eligible
for adoption incenbve funds for 2000. A list of adoption cases in OASIS with a
finalized date of 10/1-99-9/31/00 will be sent to each agency. Please check your
cases to be sure they have all the critical data elements completed and to be
sure you have entered all finalized adoption cases.
The following data elements in the adoption file must be entered by the local
worker for the determination of incentive payments:
Date adoption finalized
(Workload/Adopt/General Information/date adoption finalized)
Child placed from - must show either within State or within locality
(Workload/Adopt/General Information/child placed from)
Child was placed by- must show public agency
(Workload/Adopt/General Information/child placed by)
Is the child eligible for title IV-E adoption assistance (Workload/Adopt/Subsidy)
Please make sure that all adoption finalized in federal fiscal year 2000
(October 1, 1999- September 31, 2000) are entered into OASIS The
necessary information can be entered on cases that have already been closed
The information must be entered before April 30, 2001 for all cases that have a
final order of adoption. Be sure that you re-open the adoption case and not the
foster care case.
The closed case will no longer be available from the worker's workload so a
search must be completed. From the Workload dialog box, chck on case &
Ex~sting, then search from the case search box. Enter the last name of the family
and choose your locality, click on OK When results occur, h~ghlight the case
and click on show Click on the summary screen and click on the reopen button.
The assign/transfer screen appears. Click on new, choose the appropriate unit
and worker, complete the summary box (reopen to complete AFCARS fields),
and click on OK This defaults to update case type history box, which will show
adoption and the current date. Click on cancel; click on the Adopt button and
complete screens as needed. The case should then be closed with the reason
from the pick list of "re-opened existing".
Thanks again for all the hard work on getting children permanent homes through
adoption. It is my hope that we can continue to increase the number of children
who achieve adoption and if we continue to work collaboratively, that hope can
be a real possibility.
Name of
Agency
Number of Adoptions
Over Last Year
Percent of
Adoptions
Adoption
Incentive
Awards
$212,000
001
003
013
015
019
027
031
041
043
047
051
O53
059
061
065
067
069
073
O87
089
105
107
109
117
121
135
143
153
155
159
161
163
167
169
177
179
185
193
195
199
510
52O
530
550
Accomack
Albemarle
Arlington
Augusta
Bedford County
Buchanan
Campbell
Chesterfield
Clarke
Culpeper
Dickenson
Dinwiddie
Fairfax County
Fauquier
Fluvanna
Franklin County
Frederick
Gloucester
Henrico
Henry
Lee
Loudoun
Louisa
Mecklenburg
Montgomery
Nottoway
Pittsylvania
Prince William
Pulaski
Richmond County
Roanoke County
Rockingham
Russell
Scott
Spotsylvania
Stafford
Tazewell
Westmoreland
Wise
York
Alexandria
Bristol
Buena Vista
Chesal3eake
2
6
10
2
2
1
5
9
t
4
1
3
19
3
3
1
7
3
1
1
1
9
2
1
4
3
3
11
1
1
1
5
1
2
2
3
2
1
2
5
12
1
1
5
0.71%
2.14%
3.56%
0 71%
0.71%
0.36%
1.78%
3.20%
0.36%
1.42%
0.36%
1 07%
6.76%
I 07%
1.07%
0.36%
2.49%
1.07%
0.36%
0.36%
0.36%
3.20%
0.71%
0.36%
1.42%
1.07%
1.07%
3.91%
0.36%
0.36%
0.36%
1.78%
0.36%
0.71%
0.71%
1.07%
0.71%
0.36%
0.71%
1.78%
0.00%
4.27%
0.36%
0.36%
1.78%
$1,509
4,527
7,544
1,5Q9
1,509
754
3,772
6,790
754
3,018
754
2,263
14,335
2,263
2,263
754
5,281
2,263
754
754
754
6,790
1,509
754
3,018
2,263
2,263
8,299
754
754
754
3,772
754
1,509
1,509
2,263
1,5O9
754
1,509
3,772
g,053
754
754
3,772
5g0
595
630
640
650
660
670
68O
700
710
720
730
740
760
77O
8OO
810
820
84O
Danville
Emporia
Fredericksburg
Galax
Hampton
Harrisonburg
Hopewell
Lynchburg
Newport News
Norfolk
Norton
Petersburg
Portsmouth
Richmond City
Roanoke City
Suffolk
Virginia Beach
Waynesboro
Winchester
State Office
8
1
3
2
3
2
1
6
16
4
1
3
6
19
2O
4
17
1
1
281
2.85%
0.36%
1.07%
0.71%
1.07%
0 71%
0.36%
2.14%
5.69%
1.42%
0.36%
1.07%
2.14%
6 76%
7.12%
1.42%
6.05%
0.36%
0.36%
0.00%
87.54%
6,036
754
2,263
1,50g
2,263
1,509
754
4,527
12,071
3,018
754
2,263
4,527
14,335
15,089
3.018
12,826
754
212,000
TOTAL P.OS
Item V-I.3.
- 21 -
ORDINANCES/RES OL UTION
ITEM # 49414
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Harrtson, Ctty Counctl ADOPTED:
Ordtnance to AUTHORIZE the Ctty Manager to execute a Deed of
Release and Exchange re an agricultural land preservation easement
owned by Mtldred C Furlough on In&an Creek Road
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdliam W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Council Members Vottng Nay
None
Counctl Members Absent
None
March 12, 2002
10
11
12
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15
16
17
18
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24
25
26
27
28
29
30
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32
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AN ORDINANCE AUTHORIZING AND
DIRECTING THE CITY MANAGER TO
EXECUTE A DEED OF RELEASE AND
EXCHANGE PERTAINING TO AN
AGRICULTURAL LANDS PRESERVATION
EASEMENT LOCATED ON LAND OF MILDRED
C. FURLOUGH
WHEREAS, on, the City of Virginia Beach (hereinafter "the
City") and Mildred C. Furlough (hereinafter "Furlough") entered
into Installment Purchase Agreement Number 2000-28, ~Thereby the
City acquired an Agricultural Lands Preservation Easement
(hereinafter "Preservation Easement") upon certain property owned
by Furlough; and
WHEREAS, as part of the aforesaid transaction, Furlough
reserved for future development a portion of property having an
area of 3.000 acres, more or less, such that the Preservation
Easement does not encumber the reserved area; and
WHEREAS, Furlough desires to exchange an area of land not
encumbered by the Preservation Easement for an equal area of land
which is to be encumbered by the Preservation Easement, as shown on
the attached "Exhibit Plat Showing Amended Easement Exceptions on
a Portion of Property of Mildred C. Furlough," dated November 7,
2001, and prepared by Jeffrey D. Williams, Land Surveyor; and
WHEREAS, pursuant to Section 11 of the Agricultural
Lands Preservation Ordinance ("hereinafter "Ordinance"), a
landowner may petition the City Council for the extinguishment of
a Preservation Easement ~n exchange for the conveyance to the city
of a Preservation Easement on a d~fferent portion of the
landowner's property, under certain conditions set forth in the
Ordinance; and
WHEREAS, the Ordinance provides that the City Council
shall approve such an exchange ~f ~t makes certain findings
enumerated in the Ordinance; and
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36
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40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
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56
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59
60
61
62
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65
to-wit ·
WHEREAS, the City Council does hereby make such findings,
(1) the acquisition of the proposed Preservation
Easement in lieu of the existing Preservation Easement does not
adversely affect the City's interests in accomplishing tke purposes
of the Ordinance;
(2) the proposed Preservation Easement area meets all of
the elzgzbllity requmrements set forth in Section 7 of the
Ordinance;
(3) the land to be encumbered by the proposed
Preservatmon Easement is of at least equal fair market value, is of
greater value as permanent open space, and of as nearly as feasible
equivalent usefulness and location for use as permanent open-space
land as the property on which the existing Preservation Easement is
located; and
(4) the consideration for the acquisition of the new
Preservation Easement consists solely of the extinguishment of the
existing Preservation Easement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH:
That subject to the determination of the C~ty Attorney
that there are no defects ~n title to the property to be placed
under the Preservation Easement or other restrictions or
encumbrances thereon which may, in the opinion of the City
Attorney, adversely affect the C~ty's interests, the City Manager
be, and hereby is, authorized and directed to execute a Deed of
Release and Exchange pursuant to which the C~ty releases the
existing Preservation Easement on a portion of the property, as
shown on the aforesaid survey, and acqumres, in exchange therefor,
land equal ~n area to be placed under the Preservation Easement, as
shown on such survey.
66
67
Adopted by the City Council of the City of Virginia
Beach, Virginia, on thlsl2th day of March
, 2002.
0A-8379
wmm~ordres ~ furloughexchange, ord
March 1, 2002
R-1
APPROVED AS TO CONTENT-
APPROVED AS TO LEGAL
SUFFICIENCY'
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Item V-I.4.
- 22 -
ORDINANCES/RES OL UTION
ITEM # 49415
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Harrtson, Ctty Counctl ADOPTED:
Resolutton to AUTHORIZE the Ctty Manager to sign a Memorandum of
Agreement to tmprove the wetlands compensation process tn the Southern
Watershed Area Management program (SWAMP)
Voting 11-0 (By Consent)
Councd Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
March 12, 2002
A RESOLUTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO SIGN THE MEMORANDUM OF
AGREEMENT TO IMPROVE THE WETLANDS COMPENSATION
PROCESS
15
17
2O
2!
24
27
29
3O
3!
32
33
WHEREAS, the Cities of Chesapeake, Virginia Beach, the
Hampton Roads Planning District Commission and the Virginia Coastal
Program are currently participating in the Southern Watershed Area
Management Program (SWAMP);
WHEREAS, the SWAMP program is intended to enhance
management of the significant natural resources in the Southern
Watershed Area of Chesapeake and Virginia Beach while accommodating
the commercial and residential development needs of the two cities;
WHEREAS, the goals of the Memorandum of Agreement are to
improve coordination and sharing of information among the agencies
involved in the wetlands mitigation process in the Southern
Watershed Area, to continue refinement of the conservation corridor
system for the Southern Watershed Area, particularly as mt pertains
to the identification of multiple benefits sites to be used for
compensation for wetlands impacts, to continue to refine a
coordinated process for the selection of multiple benefmt sites for
compensation of wetland impacts, and to voluntarily employ the
shared methodology when selecting compensation sites for wetlands
impacts that simultaneously achieve multiple benefmts while
complying with the existing regulations and maintaining local land
use control; and
WHEREAS, the City of Virginia Beach shall also
participate as a member of the Multiple Benefits Conservation Plan
Technical Advisory Committee (TAC), who will provide the
organizational structure to implement the Memorandum of Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager ms hereby authorized and d~rected
to execute, on behalf of the City of Virginia Beach, the Memorandum
34
35
of Agreement to Improve the Wetlands Compensation Process, a true
copy of which is hereto attached.
36
37
Adopted by the Council of the City of Virginia Beach, Virginia
on the 12th day of March, 2002.
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40
41
CA-8419
bkw/work/moa, wpd
R-1
February 27, 2002
42
43
44
APPROVED AS TO CONTENTS'
Planni~g'~Department
45
46
47
48
APPROVED AS TO LEGAL SUFFICIENCY'
Law Department
Memorandum of Agreement
Between
City of Chesapeake, Virginia
City of Virginia Beach, Virginia
Hampton Roads Planning District Commission
Virginia Dare Soil and Water Conservation District
Virginia Department of Conservation and Recreation
Virginia Department of Environmental Quality
Virginia Department of Game and Inland Fisheries
Virginia Marine Resources Commission
Virginia Department of Transportation
United States Department of Agriculture, Natural Resources Conservation Service
United States National Marine Fisheries Service
United States Army Corps of Engineers
United States Fish and Wildlife Service
United States Environmental Protection Agency
The Nature Conservancy
To Improve the Coordination
of the Wetlands Compensation Process
in the Southern Watershed Area
1. PARTIES TO THE AGREEMENT
Th~s Memorandum of Agreement (MOA) is between the following enbbes'
· C~ty of Chesapeake, V~rgin~a
· C~ty of V~rg~nia Beach, V~rg~n~a
· Hampton Roads Planning D~stnct Commission
· V~rg~n~a Dare So~l and Water Conservation D~str~ct
· Wrg~n~a Department of Conservation and Recreabon
· V~rg~n~a Department of Enwronmental Quality
· V~rgin~a Department of Game and Inland F~shenes
· V~rg~n~a Manne Resources Commission
· Virginia Department of Transportabon
· Un,ted States Department of Agriculture, Natural Resources Conservation
Service
· Un~ted States National Manne Fisheries Service
· Un~ted States Army Corps of Engineers
· Un~ted States F~sh and W~ldl~fe Servme
· Un~ted States Enwronmental Protection Agency
· The Nature Conservancy
w
ENABLING AUTHORITY
The enabling authonty for the participants to enter ~nto the MOA ~s contained in
the following Virginia State Code and Un~ted States Code c~tat~ons'
Cities of Chesapeake and Virginia Beach
Section 15 2-1300 of the Code of Virginia enables local governments to enter ~nto
cooperabve agreements to exercise those powers that each may be enabled to
exercise
Hampton Roads Planning District Commission
Section 15 2-4205 of the Code of V~rgin~a enables the Hampton Roads Planning
D~str~ct Commission to enter into cooperabve agreements w~th local governments to
exercise those powers that each may be enabled to exercise
Virginia Department of Conservation and Recreation
Section 10 1-104 of the Virginia Code enables the D~rector of the Department of
Conservation and Recreation to make and enter into all contracts and agreements
necessary or ~ncidental to the performance of ~ts dubes and the execubon of ~ts
powers, ~ncluding but not hm~ted to contracts w~th private nonprofit organizations,
the Un~ted States, other state agencies and pol~t~cal subdivisions of the
Commonwealth.
Virginia Dare Soil and Water Conservation District
Virginia Department of Environmental Quality
Section 10.1-1186 of the V~rgin~a Code grants the D~rector of the Department of
Enwronmental Quality the power, or to delegate as appropriate, to make and enter
~nto all contracts and agreements necessary or ~nc~dental to the performance of ~ts
duties and the execution of ~ts powers under th~s chapter, ~nclud~ng, but not I~m~ted
to, contracts with the Un,ted States, other states, other state agencies and
governmental subdivisions of the Commonwealth.
Virginia Department of Game and Inland Fisheries
Section 29 1-109 of the V~rg~n~a Code grants the D~rector the power to make and
enter ~nto all contracts and agreements necessary or ~nc~dental to the performance
of h~s dubes and the execubon of h~s powers, ~nclud~ng, but not I~m~ted to, contracts
w~th the United States, other state agencies and governmental subd~ws~ons of the
Commonwealth
Virginia Marine Resources Commission
Section 20 2-202 grants the Commissioner to prowde for the development of
programs designed to enhance and improve commercial and sport fisheries ~n
V~rg~n~a's bdal waters
Virginia Department of Transportation
Section 10 1-2202 of the Virginia Code grants the D~rector the power to make
and enter ~nto all contracts and agreements necessary or ~nc~dental to the
performance of h~s dubes and the execubon of h~s powers, including, but not
I~m~ted to, contracts w~th pnvate nonprofit organ~zabons, the Un~ted States, other
state agencies and pol~bcal subdivisions of the Commonwealth
United States Department of Agriculture, Natural Resources Conservation
Service
Secbon 590a of Title 16 of the Un~ted States Code states that the Secretary of
Agriculture shall coordinate and d~rect all act~wbes with relabon to sod erosion
and ~n order to effectuate th~s policy ~s authonzed to cooperate or enter ~nto
agreements w~th, or to furnish financial or other a~d to, any agency, governmental
or otherwise, or any person, subject to such conditions as he may deem
necessary
United States National Marine Fisheries Service
United States Army Corps of Engineers
Secbon 2313 of T~tle 33 of the Un~ted States Code authonzes the Secretary of
the Army to ublize Army Corps of Engineers laboratories and research centers to
undertake, on a cost-shared bas~s, collaborabve research and development w~th
non-Federal enbbes, ~nclud~ng State and local government, colleges and
un~vers~bes, and corporabons, partnerships, sole proprietorships, and trade
assoc~abons which are incorporated or established under the laws of any of the
several States of the Unites States or the D~str~ct of Columbia
United States Fish and Wildlife Service
Secbon 661 of T~tle 16 of the Un~ted States Code (Fish and W~ldl~fe Coordinabon
Act) grants the Secretary of the Interior the authority to provide assistance to,
and cooperate with, Federal, State and public or private agencies and
organ~zabons for the conservabon of fish and w~ldl~fe and their habitats
United States Environmental Protection Agency
The Nature Conservancy
3. CONTEXT
The C~ties of Chesapeake and V~rg~n~a Beach, the Hampton Roads Planning
D~str~ct Commission and the V~rg~n~a Coastal Program are currently participating
~n the Southern Watershed Area Management Program (SWAMP) SWAMP ~s
~ntended to enhance management of the s~gn~ficant natural resources ~n the
Southern Watershed Area of Chesapeake and V~rg~nia Beach whde
accommodating the commercial and residential development needs of the two
c~t~es The Southern Watershed Area (SWA) consists of the sub-watersheds of
Back Bay, the North Landing R~ver, and the Northwest R~ver
One of the subtasks of SWAMP ~s the development of the Multiple Benefits
Conservation Plan (MBCP) The MBCP focused on the following two areas'
A
A set of riparian-based conservation corridors for the SWA has been
~dent~fled Proper management of lands ~n these corridors w~ll provide
multiple benefits ~nclud~ng, but not limited to, the follow~ng
Water quality protection,
W~ldl~fe habitat enhancement,
Natural Hentage Resource protection,
Opportunities for compatible recreational activities,
Opportunities for nature-based tourism,
Opportunities for enwronmental education,
Potential wetlands compensation capab~hty,
Storm water management;
Ground water recharge.
A methodology to select wetlands compensabon areas for specific
wetlands ~mpacts has been developed. Th~s methodology wdl a~d in
enhancing the conservation corndor system and w~ll y~eld multiple benefits
when used in the select,on of compensation s~tes.
In December 1999 a Technical Advisory Committee consisting of
representatives from the C~ties of Chesapeake and Virginia Beach, the
HRPDC, Landmark Design, project consultant, the Wrg~n~a Department of
Conservation and Recreation, the V~rg~nia Department of Environmental
Quality, the V~rg~n~a Department of Game and Inland F~shenes, the
Virginia Department of Transportation, the Wrg~n~a Manne Resources
Commission, the Un~ted States National Marine Rshenes Service, the
Un~ted States Army Corps of Engineers, the Un,ted States Environmental
Protection Agency, the United States F~sh and Wddlife Service and the
Un~ted States Department of Agriculture, Natural Resources Conservation
Serwce began meeting These meetings contributed to the production of
.
two reports that are pertinent references ~n the implementation of th~s
MOA The first report ~s t~tled Conservation Plan for the Southern
Watershed Area and was prepared by the V~rg~n~a Department of
Conservation and Recreation (Natural Heritage Technical Report 00-12),
February 2001 Th~s report evaluates the s~gn~flcant natural resources of
the Southern Watershed, describes a range of options for the
conservabon corndors and prowdes ~nformat~on on stewardship and
protection methods The second report ~s t~tled the Multiple Benefits
Conservation Plan for the Southern Watershed Area and was prepared by
Landmark Design Group, July, 2001 Th~s report describes a methodology
for selecting multiple benefit compensation s~tes for wetlands ~mpacts ~n
the Southern Watershed and ~denbfles a set of focus areas to compensate
for the loss of specific natural system functions
PURPOSE OF THE AGREEMENT
Th~s Memorandum of Agreement ~s ~ntended to achieve the following goals
A
C
D
Improve coordination and shanng of mformabon among the agencies
~nvolved ~n the wetlands m~tigat~on process ~n the Southern Watershed
Area
Continue refinement of the conservation corridor system for the Southern
Watershed Area, particularly as it pertains to the ~denbficabon of mulbple
benefits s~tes to be used for compensabon for wetlands ~mpacts
Conbnue to refine a coordinated process for the selecbon of mulbple benefit
s~tes for compensation of wetland ~mpacts
Voluntarily employ the shared methodology when select~ng compensabon
s~tes for wetland ~mpacts that s~multaneously achieve multiple benefits wh~le
complying w~th ex~sbng regulations and maintaining local land use control
Nothing ~n th~s MOA supercedes or alters application of ex~sbng state and federal
wetland regulabons Nor does th~s MOA alter the m~bgabon sequence of
avoidance of wetland ~mpacts, m~n~m~zabon of ~mpacts and compensabon for
unavoidable ~mpacts Th~s agreement ~s primarily ~ntended to improve the s~te
select,on process when off-site wetlands compensabon ~s warranted The
methodology ~s also applicable to the s~tbng of wetland m~tigabon banks.
STRUCTURE OF THE TECHNICAL ADVISORY COMMITTEE
The Mulbple Benefits Conservabon Plan Technical Adwsory Committee (TAC)
w~ll prowde the organ~zabonal structure to ~mplement this MOA. The TAC w~ll
consist of one representative from each s~gnatory agency, as designated by that
agency head Other representatives of the s~gnatory agencies may participate in
the TAC meebngs as needed and assist ~n ach~ewng the goals of the MOA
6. TERMS OF THE AGREEMENT
The s~gnatory agencies of this MOA agree to the following
A To ~mprove coord~nabon and shanng of ~nformabon.
· The TAC w~ll meet quarterly, or as needed, to share mformat~on on
pending m~t~gabon projects, m~t~gabon bank s~tt~ng, evolwng regulations
and other perbnent top~cs,
· The TAC w~ll work towards a shared database and GIS systems related
to multiple benefit conservabon planning to ~mprove the efficiency and
effectiveness of the compensabon s~te select,on process
B
Integrate the mapping and methods contained ~n Conservation Plan for the
Southern Watershed Area and Mulbple Benefits Conservabon Plan for the
Southern Watershed Area to refine the definition of the conservation
corridor system
C Employ the shared methodology for selecting wetlands compensation s~tes
When feasible, select or recommend the select~on of compensabon
s~tes that enhance the conservation corndor system depicted on the
map ~n Appendix A Goals of the enhancement process ~nclude, but
are not hm~ted to, the follow~ng.
· Improvement of water quality protection,
· Improvement of storm water management,
· Protecbon and enhancement of cnbcal habitat,
· Provision of compabble recreabonal and educational opportun~bes.
D
Refine the multiple benefits s~te selection process outlined in Multiple
Benefits Conservation Plan for the Southern Watershed Area based on the
experience gained by the TAC ~n analyzing m~tigabon s~te opbons
In add~bon to ~ts role as a member of the TAC, the HRPDC w~ll perform the
following functions ~n support of the MOA.
· The HRPDC w~ll serve as a clearinghouse for ~nformabon on wetlands
m~bgabon ~n the Southern Watershed Area
· The HRPDC w~ll prowde technical support through the use of GIS
modeling to ~denbfy and rank potenbal multiple benefits s~tes upon the
request of one or more of the part~c~pabng agencies
· The HRPDC w~ll be responsible for calling the meebngs of the TAC and
recording the m~nutes of the meetings
7. MODIFICATIONS
al
,,
10.
11.
12.
Modifications to this Memorandum of Agreement must be submitted ~n writing and
approved by all part~es to the Memorandum of Agreement.
EFFECTIVE DATE
The effecbve date of the Memorandum of Agreement shall be the date of the
s~gn~ng of the Memorandum of Agreement by the C~bes of Chesapeake and
Virg~n~a Beach and the HRPDC.
DURATION AND TERMINATION OF THE AGREEMENT
The durabon of th~s Memorandum of Agreement w~ll be unbl such bme as ~t ~s
terminated upon agreement of all part~es; however, any party to the Memorandum
of Agreement may terminate ~ts participation by written nobce to all other part~es
MANNER OF FINANCING
This Memorandum of Agreement wdl not require financing or budgebng from or by
the s~gnatory agencies, however, th~s clause w~ll not preclude, under a separate
document or agreement, grant funding or other financial assistance from one
s~gnatory to another for the purpose of carrying out the purposes of the
Memorandum of Agreement
OWNERSHIP OF PROPERTY
It ~s not the ~ntent of the signatory part~es that this Memorandum of Agreement w~ll
result ~n the purchase, ownership, holding or conveying of any real or personal
property.
APPENDIX A
Medium Conservabon Corndor Density Map
LIST OF SIGNATORIES
C~ty of Chesapeake
C~ty of V~rg~n~a Beach
Hampton Roads Planning D~stnct Commission
V~rg~n~a Dare Sod and Water Conservabon D~stnct
V~rg~n~a Department of Conservation and Recreabon
V, rg~n~a Department of Environmental Quality
V~rg~n~a Department of Game and Inland Fishenes
V~rg~n~a Manne Resources Commission
V~rg~n~a Department of Transportabon
Un~ted States Nabonal Manne Rshenes Services
Un~ted States Army Corps of Engineers
Un~ted States F~sh and W~ldl~fe Service
Un~ted States Environmental Protecbon Agency
The Nature Conservancy
APPENDIX A
MEDIUM CONSERVATION CORRIDOR DENSITY MAP
0
E
SIGNATURE PAGE FOR THE CITY OF VIRGINIA BEACH
IN WITNESS WHEREOF, the following individuals execute this agreement
C~ty Manager, City of Chesapeake
C~ty Manager, City of Virginia Beach
Executive Director, Hampton Roads Planning District Commission
Director, Virginia Dare Soil and Water Conservation District
Director, Virginia Department of Conservation and Recreation
Director, Virginia Department of Environmental Quality
D~rector, Virginia Department of Game and Inland Fisheries
Commission Chair, Virginia Marine Resources Commission
Environmental Engineer, Virginia Department of Transportation
Virginia State Conservationist, Un~ted States Department of Agriculture, Natural
Resources Conservation Service
Fishery Biologist, United States National Marine Fisheries Services
Norfolk D~strict Engineer, United States Army Corps of Engineers
Supervisor, Virginia Field Office, United States Fish and Wildlife Service
Environmental Scientist, United States Environmental Protection Agency
Director, Virginia Chapter, The Nature Conservancy
CITY OF VIRGINIA BEACH
By:
Date:
Attest:
Date:
Item V-J.
- 23 -
PLANNING
ITEM # 49416
1. COLONEL WILLIAM AND JO A. GALLUP
NONCONFORMING USE
2. WOODFIN HEATING, INC.
CONDITIONAL USE PERMIT
3. TYSINGER MOTORSPORTS, L.L. C.
SMALL ENGINE REPAIR
4. ARACELI G. DIAZ AND VICTORIA GUMAPAS
CONDITIONAL USE PERMIT
5. CENTRAL PARK ASSOCIATES, L.L. C.
CONDITIONAL CHANGE OF
ZONING
March 12, 2002
Item V-J. 1.
- 24 -
PLANNING
ITEM # 49417
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Harrtson, Ctty Counctl APPROVED in
ONE MOTION Items 1 (DEFER), 2 (WITHDRA W) and 5 of the PLANNING B Y CONSENT
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay'
None
Counctl Members Absent
None
March 12, 2002
- 25 -
Item V4.1.
PLANNING
ITEM # 49418
Upon moaon by Vtce Mayor Sessoms, seconded by Councdman Harrtson, Ctty Councd DEFERRED TO
April 9, 2002, Resolutton upon apphcatton of COLONEL WILLIAM H. and JO A. GALL UP for an
enlargement/conversion of a nonconforming use and add an addition, enclose the deck and shed with a
second floor addttton to the structure
Resolutton authortzing the enlargement and converston of a non-
conformtng use on property located at 304 45th Street Satd parcel
contatns 6,477 5 square feet DISTRICT 6 - BEACH
Vottng 11-0 (By ConsenO
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor
Wdham D Sessoms, Jr and Rosemary Wdson
Council Members Voting Nay
None
Counctl Members Absent
None
March 12, 2002
Item V-J. 2.
- 26-
PLANNING
ITEM # 49419
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Harrtson, Ctty Counctl ALLOWED
WITHDRAWAL of the Ordtnance upon apphcatton of WOODFIN HEA TING, INC.,for a Condtttonal Use
Permtt
ORDINANCE UPON APPLICATION OF WOODFIN HEA TING, INC ,
FOR A CONDITIONAL USE PERMIT FOR AN A UTOMOBILE SER VICE
STATION
Ordtnance upon Apphcatton of Woodfin Heattng, Inc, for a Con&ttonal
Use Permtt for an automobtle servtce statton on certatn property located
on the east stde of Ftrst Colontal Road, 160feet more or less north of
Vtrgtnta Beach Boulevard (GPIN #2407-86-4082) Satd parcel contains
41,817 6 square feet DISTRICT 6 - BEACH
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr,
Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wilson
Council Members Vottng Nay
None
Counctl Members Absent
None
March 12, 2002
Item V-J. 3.
-27-
PLANNING
ITEM # 49420
Attorney R Edward Bourdon, Phone, 499-8971, represented the apphcant and advtsed the apphcant leases
the land and the landowner wll not allow the extsttng storage contatner to be removed
Upon mouon by Councdman Man&go, seconded by Vice Mayor Sessoms, ~ Ctty Councd ADOPTED
Ordtnance upon apphcatton of TYSINGER MOTORSPORTS, L.L.C., a Vtrgtnta hmtted habthty
company, for a Conchttonal Use Permtt
ORDINANCE UPON APPLICATION OF TYSINGER MOTORSPORTS,
L L C, FOR A CONDITIONAL USE PERMIT FOR A SMALL ENGINE
REPAIR ESTABLISHMENT R030231013
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon apphcaaon of Tystnger Motorsports, L L C for a
Condtttonal Use Permtt for a small engtne repatr estabhshment
(MOTORCYCLES) on the south stde of Vtrgtnta Beach Boulevard, 1194 66
feet east of Fatr Meadows Road (GPIN #1467-37-9683) Satd parcel ts'
located at 5503 Vtrgtnta Beach Boulevard and contatns 0 9392 acres
KEMPSVILLE DISTRICT 2
The followtng condtttons shall be requtred
1 The extsttng barbed wtre shall be removed
Category I landscaptng shall be tnstalled along the extsttng
chatn hnk fence The plant matertal may be tnstalled wtthtn the
fence but shall be tmmedtately adjacent to the fence
Foundatton landscaptng conststent wtth the requtrements set
forth tn the Ctty of Vtrgtnta Beach Parktng Lot Foundatton
landscaptng Spectficattons and Standards for foundauon
screentng shall be installed on the north stde of the extsttng,
stngle parktng space/paved area located tn front of the buddtng
The extsttngfreestan&ng, nonconformtng stgn shall be removed
All stgnage on the stte shall conform to all apphcable Ctty of
Vtrgtnta Beach requtrements
5 All repair and servtce work shall be performed wtthm the
buddtng
6 No outside storage of motorcycles shall be allowed tn view from
the pubhc rtght-of-way
There shall be no outstde storage or &splay of ares, parts,
matertals or equtpment outside the buddtng tn view from the
pubhc rtght-of-way
A certtficate of occupancy shall be obtatnedfrom the Butl&ng
Offictal for the approprtate use group and/or mtxed use prtor to
use of the budding for small engtne repatr
Thts Or&nance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordtnance
Adopted by the Councd of the Ctty of Vtrgtma Beach, Vtrgtnta, on the Twelfth Of March, Two Thousand Two
March 12, 2002
Item V-d.3.
- 28 -
PLANNING
ITEM # 49420
Vottng 11-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wdham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
March 12, 2002
Item V-J. 4.
- 29 -
PLANNING
ITEM # 49421
The followtng registered tn SUPPORT of the apphcants
Arceh G Dtaz, Regtstered Nurse, apphcant
Vtctorta Gumapas, Certtfied Nurstng Asststant, apphcant
Upon motton Counctlman Man&go, seconded by Counctlman Harrtson, Ctty Counctl ADOPTED the
Or&nance upon apphcatton of ARACELI G. DIAZ and VICTORIA GUMAPAS for a Condtttonal Use
Permtt
ORDINANCE UPON APPLICATION OF ARA CELI G. DIAZ AND
VICTORIA GUMAPAS FOR A CONDITIONAL USE PERMIT FOR
HOUSING FOR SENIORS AND DISABLED PERSONS R030231 O14
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon apphcatton of ARACELI G. DIAZ and VICTORIA
GUMAPAS for a Con&ttonal Use Permtt for houstng for seniors and
&sabled persons on Lot 27, Block L, Fox Run, Sectton Two (GPIN 141476-
13-8557) Satd parcel ts located at 901 Marlborough Ctrcle and
contatns l 0,360 square feet more or less (KEMPSVILLE - DISTRICT 2)
The followtng con&ttons shall be reqmred
The Con&ttonal Use Permtt shall be for asststed hvtng care of
up to five (5) sentors as defined by the Ctty of Vtrgtnta Beach
Zontng Or&nance wtthtn 3 bedrooms of the dwelhng located on
the parcel
The apphcant shall file an apphcatton wtth the State Department
of Soctal Servtces to be hcensed as a Home for Adult Care
Restdence (ACR) If the apphcant ts not hcensed as an Adult
Care Restdence (ACR), the apphcant shall be permttted to care
for only three (3) tndivtduals conststent wtth the regulattons of
the State Department of Social Servtces
The apphcant and the Ctty Fire Marshall shall meet to review the
butl&ng and stteplans and shall agree to fire safety measures for
the facthty that are sattsfactory to and enforceable by the Ftre
Marshall
The facthty shah meet the butl&ng provtstons of the Amertcan
wtth Dtsabthttes Act or shall requtre that the restdents be
ambulatory
The butl&ng shall be protected by centrally-monttored alarm
systems Bedrooms and bathrooms shall be served by a
centrally-momtored call-for-aM system
The house numbers on the front of the restdence shall be clearly
vtstble and unobstructed at all ttmes so that emergencypersonnel
can qutckly find the house
7 Thts Con&ttonal use Permtt shall be admtmstrattvely revtewed
tn two years for comphance
This Or&nance shah be effecttve tn accordance wtth Sectton 107 (D of the Zomng Or&nance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgmta, on the Twelfth of March, Two Thousand Two
March 12, 2002
Item V-J. 4.
- 30-
PLANNING
ITEM # 49421 (Continued)
Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 (J) of the Zontng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twelfth of March, Two Thousand Two
Vottng 10-1
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf, Nancy K. Parker, Vtce Mayor Wtlham D Sessoms,
.Ir and Rosemary Wtlson
Counctl Members Voting Nay
Reba S McClanan
Counctl Members Absent
None
March 12, 2002
Item V-J. 5.
- 31 -
PLANNING
ITEM # 49420
Upon motton by Vtce Mayor Sessoms, seconded by Councilman Harrtson, Ctty Counctl ADOPTED an
Ordtnance upon apphcatton of CENTRAL PARK ASSOCIATES, L.L.C., for a Conchttonal Change Of
Zoning Dtstrtct
ORDINANCE UPONAPPLICA TION OF CENTRAL PARK ASSOCIA TES,
L L C FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-7 5 CONDITIONAL B-2 Z03021218
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon apphcatton of Central Park Assoctates, L L C for a
Change of Zontng Dtstrtct Classtficatton from R-7 5 Restdenttal to
Condtttonal B-2 Communtty Bustness on certatn property located on the
south side of Bonney Road, 410feet more or less east of Wttchduck Road
(GPIN #1467-80-6177, #1467-80-3093) The proposed classtficatton
change to Condtttonal B-2 ts for commerctal land use The Comprehenstve
Plan recommends use of thts parcel for suburban restdenttal/low denstty
that ts compattble with stngle famtly use tn accordance wtth other Plan
pohctes Satdparcel ts located at 5129 Bonney Roadand contains 4 acres
DISTRICT 2 - KEMPSVILLE
The followtng conchtton shall be requtred
1. An Agreement encompasstngproffers shall be recorded wtth the
Clerk of Ctrcutt Court
Thts Ordtnance shall be effective tn accordance wtth Sectton 107 09 of the Zontng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twelfth of March, Two Thousand Two
Vottng 11-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wtlltam D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
March 12, 2002
Item V-K. 1.
- 32 -
APPOINTMENTS
ITEM # 49420
BY CONSENSUS, Ctty Counctl RESCHEDULED:
SHORE DRIVE ~ID VISOR Y COMMISSION
TIDEW/ITER REGIONAL GROUP HOME COMMISSION
March 12, 2002
Item V-N. 1.
- 33 -
ITEM # 49421
Mayor Meyera E Oberndorf DECLARED the Ctty Councd Meettng ADJOURNED at 6:39 P.M.
Chtef Deputy Ctty Clerk
es Smtth, MMC
erk
Meyera E Oberndorf
Mayor
Ctty of Vtrgtma Beach
Vtrgtnta
March 12, 2002