HomeMy WebLinkAboutNOVEMBER 12, 2002 MINUTESCITY COUNCIL
MA YOR MEYERA E OBERNDORF, At-Large
MARGARET L EURE, Centervdle - District 1
LOUIS R IONES, BaysMe -Dtstnct 4
REBA S McCLANAN, Rote Hall - Dt~trtct 3
RICHARD A MADDOX, Beach ~ Dtqrwt 6
HM REEVF, Prmcet~ Anne - Dtttrtct 7
PETER W ~CHM]DT, At-Large
RON A VILL4NUEVA, At-Large
ROSEMARY WILSON At-Large
JAMES L WOOD, Lynnhaven -D~strwt 5
JAMES K SPORE, Ctty Manager
LESLIE L LILLEE Ctty Attorney
RUTH HODGES SMITH MMC, Ctty Clerk
City of Virginia Beach
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE (757) 427-4303
FAX (757) 426-5669
E MAIL Ctycncl~vbgov corn
November 12, 2002
I CITY COUNCIL BRIEFING
- Conference Room-
2:00PM
Ao
VOLUNTEER COUNCIL ANNUAL REPORT
Mary Russo - Volunteer Council Coordinator
II CITY MANAGER'S BRIEFINGS
A
Bo
LOCAL VEHICLE REGISTRATION
Patncla Phdhps - D~rector - F~nance
NEIGHBORHOOD REVITALIZATION STRATEGY
Andrew Friedman - D~rector - Housing and Neighborhood Preservation
III. REVIEW OF AGENDA ITEMS
IV CITY COUNCIL COMMENTS
V INFORMAL SESSION
- Conference Room -
4:00 PM
A. CALL TO ORDER - Mayor Meyera E Obemdorf
B ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
- Council Chamber -
6:00 PM
Ao
CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION:
Reverend Constance Lew
Associate Pastor
Umon 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 AND FORMAL SESSIONS
November 5, 2002
G AGENDA FOR FORMAL SESSION
H.
PUBLIC HEARING
1. Conveyance of City's Utility Easements - Indian River Road and Llla Lane
O RD IN AN CES/RESO L UTI O N S
o
Ordinances to AMEND the City Code'
a. Tax revisions.
(1) Receipt and collection of meal taxes
(2) Admission and lodging taxes
(3) New penalty and interest provisions for these taxes
§ 6-8 re the use of wheeled devices with a wheel diameter of less than twelve
(12) Inches on any dune cross-over timber walkways located at the beach
accesses between 59th and 89th Streets
ADD {} 21-321.2 re mammum speed hm~ts wlthtn designated neighborhoods
(traffic calming):
Mdburn Manor. Daws Street
Lake James. Lake James Drive
Larkspur: Edwin Drive from Princess Anne Road to Independence Blvd.
.
Ordinance to AUTHORIZE the City Manager to convey of a permanent utlhty easement on
City-owned property, known as Indian River CITGO, to VIRGINIA ELECTRIC AND
POWER COMPANY [VEPCO]; and, EXECUTE the necessary Easement Agreement
.
Ordinances to AUTHORIZE temporary encroachments into portions of City-owned properties
a.o
Sandbndge Shores by JULIO and EBBIE CABRAL: construct a new
pier and access to replace a deteriorated structure at 2864 Blueblll Drive
(DISTRICT 7- PRINCESS ANNE)
bo
Back Bay Meadows by JOHN E. and AUDREY D. SETTLE. construct
and maintain a wharf at 2957 Sand Bend Road.
(DISTRICT 7 - PRINCESS ANNE)
Ordinance to AUTHORIZE acqmsltlOn of temporary and permanent easements for the
PEMBROKE MANOR storm water upgrade at Independence Boulevard and Jeanne Street by
agreement or condemnation.
.
,
.
Ordinance to AUTHORIZE the Memorandum of Understanding and Operating Agreement
between the City and VIRGINIA MUSEUM of MARINE SCIENCE FOUNDATION.
Resolution to ESTABLISH the City Council's relationship with VIRGINIA BEACH
COMMUNITY DEVELOPMENT AUTHORITY (VBCDC).
Ordinance to AUTHORIZE a third supplement to the Development and Post-Closing Escrow
Agreements ("the Supplemental Documents") for the Town Center project.
Ordinance to APPROPRIATE a total of $10,397,000 in FY 2001-2002 School Reversion
Funds:
a. $8.8-Million:
(1) $3,000,000
(2) $2,000,000
(3) $3,200,000
(5) $ 400,000
(6) $ 200,000
FY 2002-2003 School Capital Budget
Telecommunication Infrastructure Replacement
Instructional Technology
Equipment and Vehicle Replacement
Student Data Management System
Landstown High School/Princess Anne Road
Pedestrian Bridge
b.
$1,597,000:
(1) $1,400,000
(2) $ 197,000
Instructional Category
SOL Incentive Program
Athletic equipment
Ordinance to APPROPRIATE a grant of $15,000 from the of FRANCIS LAND HOUSE
TRUST FUND to FY 2002-2003 operating budget of the Department of Museums and
Cultural Arts re support for programs, events, exhibits and general operating expenses at the
Francis Land House and Adam Thoroughgood House.
J. PLANNING
Vartance to Sustatn 4 4 Subdivision Ordinance that requires all newly created lots meet
the requirements of the City Zoning Ordinance (CZO) for FOUR PINES ASSOCIATES,
L.L.C. at the southwest intersection of West Great Neck Road and Adam Keeling Road,
containing 40.46 acres
(DISTRICT 5 - LYNNHAVEN)
Recommendation
APPROVAL
Petitions re the dtscontznuance, closure and abandonment of a portions of certmn streets:
a,
DEMERTRIOUS KOULOUKIS for Admiral Wright Boulevard on the east side
of Euclid Street, south of Virginia Beach Boulevard, containing 15,111 square feet.
(DISTRICT 2 - KEMPSVILLE)
Staff Recommendation
DEFER TO NOVEMBER 26, 2002
DAKOTA ASSOCIATES, LLC to MODIFY the closed area (approved August 27,
2002 with five conditions) re Joseph Place, north of Maple
(DISTRICT 6 - BEACH)
Recommendation:
APPROVAL
UNITED JEWISH FEDERATION of TIDEWATER re EXTENSION of time
for compliance [approved November 27, 2001, with nine conditions] for'
· Moms Avenue
· Katie Brown Drive
Recommendation APPROVAL
o
Application of CHARITY UNITED METHODIST CHURCH re a Conditional Use Perrntt
for a church expansion and preschool at Chanty Neck and Gum Bridge Roads (4080 Chanty
Neck Road), containing 3.58 acres.
(DISTRICT 7 - PRINCESS ANNE)
Recommendation.
APPROVAL
.
Application of THAO L. NGUYEN for a Conditional Use Permit re a church at the east side
of Pnncess Anne Road, south of Green Meadows Drive, containing 1 acre
(DISTRICT 2 - KEMPSVILLE)
Recommendation.
APPROVAL
o
Application of NEW LIFE PRESBYTERIAN CHURCH for a Conditional Use Permit
for expansion on the west side of Dam Neck Road, north of Monet Drive (3312 Dam Neck
Road) containing 6.3 acres
(DISTRICT 3 - ROSE HALL)
Recommendation:
APPROVAL
o
Apphcatlon of A. J. VENTURES, INC. for a Condtttonal Use Permit re a carwash, at Shore
Drive west of Treasure Island Drive (4357 Shore Drive) containing 34,630 square feet
(DISTRICT 4- BAYSIDE)
Recommendation'
APPROVAL
Application of PRINCESS ANNE COUNTRY CLUB for a Condtttonal Use Permit re a golf
cart storage facility on the northeast comer of Holly Road and Llnkhom Drive, containing
16,988 square feet. (DISTRICT 5 - LYNNHAVEN)
Recommendation
APPROVAL
o
Application ofJANICE L. ROWLEY for a Conchttonal Use Permit re a recreational use of
an outdoor nature (skateboard ramp)on Summerset Lane south of New Castle Road
(808 Summerset Lane), and contmmng 15,225 square feet.
(DISTRICT 5 - LYNNHAVEN)
Recommendation:
APPROVAL
Application of TRITON PCS, Inc. for a Conditional Use Permtt re a monopole and stadium Ii
on northwest comer of North Great Neck Road and Shorehaven Drive (2425 Shorehaven
Drive) and, contmmng 49.995 acres.
(DISTRICT 3 - ROSE HALL)
Recommendation:
APPROVAL
K. APPOINTMENTS
FRANCIS LAND HOUSE BOARD OF GOVERNORS
PARKS AND RECREATION COMMISSION
L UNFINISHED BUSINESS
M NEW BUSINESS
1 Abstract of Votes - General Elect~on November 5, 2002
N ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
11/07/02
AGENDA 11/12/02\blb
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0~. OUR
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
12 November 2002
Mayor Meyera E Oberndorf called to order the CITY MANAGER'S BRIEFING re VOLUNTEER
COUNCIL ANNUAL REPORT tn the Ctty Councd Conference Room, Ctty Hall Building, on Tuesday,
November 12, 2002, at 2 O0 P M
Counctl Members Present
Margaret L Eure, Louts R Jones, Reba S McClanan, RtchardA Maddox,
Mayor Meyera E Oberndorf Jtm Reeve, Ron A Vtllanueva, Rosemary
Wtlson and James L Wood
Council Members Absent.
Peter W Schmtdt,
[Meettng tn Rtchmond
Entered 3 08 P M]
-2-
CITY COUNCIL BRIEFING
VOL UNTEER COUNCIL ANNUAL REPORT
ITEM # 50366
2:00 P.M.
Mary Russo, Volunteer Counctl Coor&nator, tntroduced Doris Hindlin (formerly employed by the Virgima
Employment Commtsston)- Volunteer, Angela Garner- Vtrgtnta Beach Quality Servtce System and Martetta
Connor (Accountant, rettred from AT & T), Chatrman, Technology Commtttee- Volunteer Counctl. Dave
Denms, who formulates the Volunteer Web Page and asststs Mrs Connor wtth the data base program, ts a
rettred Computer Analyst The Sunday BEACON featured a veteran, Jack Peterson, who ts also one of the
Volunteers tn Mrs Russo's office Mrs Russo expressed apprectatton to the Mayor and City Manager for
thetr valued assistance and support
Mission Statement
The Vtrgtnta Beach Volunteer Counctl exists to promote volunteertsm
wtth Vtrgtnta Beach government agenctes to enhance the economtc,
educattonal, soctal and phystcal quahty of the commumty and to
support muntctpal services valued by ctttzens
Volunteers Support City Government
Strengthentng programs and servtces
Expan&ng servtces
Intttattng special projects
Enhanctng rapport between Ctty government, ctttzens and bustnesses
Brtngtng tnnovatton, expertmentatton and advocacy
Mrs Connor advtsed durtng FY 01-02, there were 15,496 volunteers
ANNUAL REPORT COMPARISONS
Ftscal Year Number of Hours Worked FTE (Full Time Dollar Value
Volunteers Employee)
Equtvalent
9 7/98 1 O, 418 1,592, 900 766 $17, 329, 946
98/99 11,635 1,819, 923 8 75 $19, 660, 288
99/00 14, 912 1,961, 80 7 943 $ 20, 069, 822
00/01 15, 945 1, 4 77, 209 710 $16, 245, 640
01/02 15,496 1,496,392 713 $15,896,280
Susan Walston, Chtef of Staff, advtsed she ss appointed by the City Manager to co-lead the Volunteer
Counctl The Ctty's program ss known nattonwtde and has a great reputatton based on the aforementioned
stattsttcs Mrs Walston ctted
A CHIE VEMENTS IN EXCELLENCE
Ftscal Year 2000/2001 Hours Value
Emergency Medtcal Servtces 458, 436 $ 6,191,102
Shertff's Office 538, 302 $ 4, 419, 561
Parks and Recreatton 177,241 $1,221, 756
November 12, 2002
-3-
CITY COUNCIL BRIEFING
VOL UNTEER CO UNCIL ANNUAL REPORT
ITEM # 50366 (Continued)
0 VER A CHIE VERS
Department Hours Value
Agrtculture 35, 311 $ 654, 416
Communtty Servtces Board 18, 767 $ 341,989
Ftre 8,200 $108,879
General Servtces 19, 058 $ 254,139
Juventle Court Servtce Untt 1 O, 73 7 $ 280, 933
Museums and Cultural Arts 112, 606 $ 970, 722
Office of the Mayor 3, 452 $12 7, 950
Pendleton Chtld Servtce Center 7, 365 $125, 043
Pohce 27, 640 $ 294,234
Pubhc Ltbrartes 25,306 $ 218,344
Soctal Servtces 23, 580 $ 34 7, 349
Other Highlights
Recognition at US Mayor's Conference Program on Volunteertsm
and Informattonal Resources estabhshtng programs tn local
communtttes
Volunteer Vision Conference (ODU Htgher Education Center) -
ninety (90) attendees
Twenty-seven (2 7) new certified Coordinators/eleven (11) recertified
(Totaling seventy-one (71) certified Coordinators to date)
Volunteer forms available on Internet
Youth Volunteers' city-wide recognition
Volunteer Garden expansion fund raising
Promoted Volunteerism at ten (10) Job Fairs
Recognition of Volunteers with twenty (20) +years of service
Performance Measures
Clean the Bay Day/Adopt-A-Program(s) - 1,091 miles were
cleaned, 108,945pounds of debris were collected through these
programs
Volunteer Inspectors Program - hosted by the Department of
Housing and Neighborhood Preservation. 824 waste
management notices and 882 recreational vehicle notices were
issued. 10,110 illegal signs were removed.
Mrs Russo presented a facstmtle check to the Ctty Counctl from the volunteers $15,896,280.42
November 12, 2002
-4-
CITY M/INAGER'S BRIEFING
LOCAL VEHICLE REGISTRATION
2:20 P.M.
ITEM # 50367
The Ctty Manager advtsed on June I, 2002, Ctty Councd approved a plan to tmprove the local vehicle
regtstratton process by combtmng the local vehicle registration fee with the state vehicle registration
process to eliminate city decals No decals wdl be sold tn 2003 and they wdl not have to be displayed on
vehicles afier December 31, 2002 The transttton plan enables the ctty to eltmtnate the decal sooner and offer
taxpayers an "easter to understand" approach Patrtcta Phdltps, Director of Ftnance, brtefed Ctty Council
re the status and proposed contract wtth the Dtvtsion of Motor Vehtcles (DMV) The requtred ordtnances
wdl be scheduled for the Ctty Councd Sesston of November 26, 2002
Patrtcta Phdhps advtsed the new Local Vehicle Registration (L VR) Program, Overstght Committee and
work groups at both the Dtvtston of Motor Vehtcles and the Ctty were formed and have been developtng the
bustness rules to tmplement the L VR program Mrs Phdltps ctted the members of the Overstght Commtttee:
Patricia Phillips
DirecWr of Finance
David Sullivan
Chief lnformation Officer
Steve Thompson
Chief Financial Officer
Philip Kellam
Commissioner of the Revenue
Gwen Cowart
Director of ComlT
Nancy Leavttt, Finance, has been the ProJect Coordinator The Commissioner of Revenue's Office,
Management Servtces and Me&a and Commumcattons have also been a vttal part of process Mrs Philhps
tntroduced Phtltp Vasquez - Deputy Commtsstoner and Larry Harrtson- Asststant Commtsstoner for
Planmng and Budget, Dtvtston ofMotor Vehtcles (DMV) Senators Stolle and Wardrup have been supporttve
of this project
GOALS
Improve service to customers
No negative revenue impacts
Better, more efficient process
A plan has been developed by the work groups to transttton Vtrgtnta Beach ctttzensfrom a common-to-all
vehtcle regtstratton schedule to one that matches the month when thetr vehicle's state regtstratton exptres.
November 12, 2002
-5-
CITY MANAGER'S BRIEFING
LOCAL VEHICLE REGISTRATION
ITEM # 50367 (Continued)
TRANSITION PLAN
No decals soM tn 2003
Decals no longer required on vehtcles after December 31, 2002
DMV transtttons all Vtrgtnta Beach ctttzens during the 2003
local vehtcle regtstratton process rescheduled for June 13
Local renewal nottce to be marled to all Vtrgtnta Beach ctttzens
on May 13
Regtstratton fee due on June 13
Fee owed equal to 1/12 the annual fee times the number of months
from January 2003 to the state regtstration exptratton month
DMVprocesses the btlls and tssues a L VR (Local Vehtcle Regtstratton) comI~hant re$tstratton card
MA Y 2003 BILLING AMOUNTS WILL VARY BASED ON THE STATE REGISTRATION
EXPIRATION DA TE - EXAMPLES
# Months Exptratton Date Btll Amount
Annual State Regtstrattons
7 July 2003 $14 58
12 December 2003 $25 O0
2-Year State Regtstrattons
19 July 2004 $39 58
30 June 2005 $62 50
After the tntttal transttton bdhng, the local vehtcle regtstratton fee will be $25 at the state regtstratton
exptratton date (for vehtcles under 4, O00 pounds
Key Points
Thts plan wtll meet the vehicle regtstratton revenue budgeted tn FY
2003 ors 7 97-Mtlhon
Savtngs from not selhng decals wtll be used to compensate DMV for
admmtstertng the 2003 transttton process
Transttton wtll occur tn a one month pertod from May 13 - June 13
Everyone wtll be transtttoned by the State L VR program on
July 1, 2oos
Decals wtll be ehmtnated on year earher than ortgtnally planned
Treasurer's Office staff will be freed to tmplement the Vehtcle
Regtstratton Wtthholdtng Program
DMV will be able to track who pays the local regtstratton fee tn 2003
through the use of admtntstrattve "stops"
Thts plan can be extended to other locahttes as theyjotn the L VR
Program
November 12, 2002
-6-
CITY MANAGER'S BRIEFING
LOCAL VEHICLE REGISTRATION
ITEM # 50367 (Continued)
The Dtvtston of Motor Vehtcles wtll charge a 1. 7% fee (70¢) The fee already assumes a certain amount of
uttltzatton cre&t cards, therefore, there wtll be no addtttonal charge to the Ctty
PA YMENT OPTIONS FOR SPECIAL TRANSITION BILLING
Payment by lnternet and telephone wtll not be available for thts spectal
btlhng only
Payment by lnternet and telephone wdl be avadable for L VR customers
begtnntng duly 1, 2002
Payment by credtt card will be avadable for the spectal btlhng
L VR AND TRANSITION COSTS
Costs associated with the L VR Program and the Transition Plan are
estimated to be $442,780
The $300,000 budgeted in FY-O3 for selling decals can be used for
the proposed transition process instead
COST DETAILS
City to compensate DMV for administering the transition process in 2003 $228,228
A public information campaign needed to explain the transition process
to the citizens $ 77,000
ComIT resources to develop an application to produce
Virginia Beach reports $ 61,000
Temporary staff during the transition period to handle citizen inquiries $ 52,000
Annual funding for the new military discovery process to take the place
of the decal $ 24,552
TO TAL: $442,780
Catheryn Whttesell, Administrator - Resource Management, advised $300,000 ts being transferred from
the Ctty Treasurer's office to thts program The ComlT department has agreed to redtrect some of tts
resources to cover the $61,000 re development of the apphcatton For the most part, these costs are betng
observed wtthm the currently approved Operating Budget The decal process wdl be absorbed parttally
wtthm the $300, O00 fundtng The temporary staff wtll be a one-trine cost and eliminated tn next year's
Operatmg Budget
PERMANENT LOCAL VEHICLE REGISTRATION OPTIONS
The State offers permanent regtstratton opttons for traders, anttque cars, and anttque motorcycles
The Ctty does not offer any permanent regtstratton opttons
Recommend that the permanent local vehtcle regtstratton per fee opttons match the State's regtstratton
November 12, 2002
_
CITY MANAGER'S BRIEFING
LOCAL VEHICLE REGISTRATION
ITEM # 50367 (Continued)
PROPOSED PERMANENT RATES
The proposed rates for the permanent local vehtcle regtstrattons are.
Trailers $52.00
Antique cars $13.50
Antique motorcycles $13.50
Same rates as the State
Fees opttonal- not requtred
PUBLIC INFORMATION PLAN
Informatton nottces wtll be maded to the ctttzens tn January 2003
explatntng the transttton plan and new mdttary qualificatton
procedures
Btll stuffers to go out with personal property tax notices tn May or
posstbly a second ctttzen mathng
Publtcattons, such as Ctty page and the BEAM, wtll carry
educattonal arttcles
A short tnfomerctal wtll be produced wtth VBTV
DRAFT CONTRA CT PRO VISIONS
The Vehtcle Regtstratton Wtthholdtng (VR W)fee wtll be reduced from
$20 to $5
A Letter of Agreement for the L VR (Local Vehtcle Regtstratton) Program
wtll acknowledge the tntent of both parttes unttl a contract ts stgned
The City's regtstratton fees wtll be depostted tn a trust account as
collected, and transferred to the Ctty on a monthly basts
The DMY fee for admtmstertng the L I/R Program will be 70¢ per
transaction
RECOMMENDATIONS
City Council Briefing
November 12, 2002
Advertise Public Hearing ion Permanent Registrations
November 17, 2002
Approve the revised ordinance pertaining to local vehicle licenses
November 26, 2002
Transition Plan for DMV to administer 2003 registrations
Authorize City Treasurer to stop selling decals on December 31, 2002
Create Permanent local registration classification and fees
Approve ordinance to transfer funds for payment to DMV to administer
the transition program, temporary personnel, application development
and public information
November 26, 2002
Continue to work with the DMV staff to develop the business rules
documentation and the contract
November 2002 -
June 2003
Implement public information plan
December 2002 -
June 2003
November 12, 2002
-8-
CITY M/INA GER 'S BRIEFING
LOCAL VEHICLE REGISTRATION
ITEM # 50367 (Continued)
Phthp Yasquez - Deputy Commtsstoner, Dtvtston of Motor Vehtcles (DMV), advtsed hts pleasure wtth the
Local Vehicle Registration program The Governor ts tn sync with thts tnnovattve program whtch brtngs
more services to the taxpayer, creates more convemences, dertves benefit to the locahttes and demonstrates
government can work d~fferently The Ctty has the abtltty to request DMY to withhold regtstratton for
dehnquent taxes
Larry Harrtson- Asststant Commtsstoner for Planmng and Budget, Dtvtston of Motor l/ehtcles (DMV),
advtsed thts program has benefits and advantages tn terms of effictency, reduced costs for the ctttzen, the
local government and the DMV Thts brtngs together two separate stmtlar processes the hcenstng of
vehtcles, and makes tt a seamless transaction handled at one ttme Through the economtes of scale, the fee
can be reduced as more jurtsdtcttons parttctpate tn the program
Phtlhp Kellam, Commtsstoner of the Revenue, advtsed the process of formulattng tnformatton for Ctty
Counctl to constder tncluded a work group, as well as an overstght commtttee As a practtcal matter, the
decals have not been ordered If they were not ordered by the begtnmng of the month, the decals cannot be
distrtbuted ttmely by the Ctty Treasurer The overstght committee made a dehberate dectston to say tt ts not
hkely the Ctty wtll have "decals" Mr Kellam advtsed he probably mrs spoke when "I satd that we wdl not
have decals" Certatnly, that ts the purvtew of Ctty Counctl As a practtcal matter, we wtll not be able to
tssue decals at the begtnntng of January
Relattve the benefits to the decal for restdents, Mayor Oberndorf advtsed the person's drivers license wtth
the home address would provtde the after 5 O0 P M special $I OO park~ng at the Oceanfront and serve as
proof to allow sohd waste &sposal
November 12, 2002
-9-
CITY M,4NA GER 'S BRIEFING
NEIGHBORHOOD RE VI T,4 L IZ,4 TI O N STRATEGY
ITEM # 50368
3:00 P.M
Andrew Frtedman- Dtrector, Houstng and Netghborhood Preservation, advtsed Netghborhood
Revttahzatton ts one of Ctty Counctl's top prtortttes Thts ts intended to be a Type III Brtefing "to brtef
Mayor and Ctty Counctl of major tssues."
Proposed Vision for our Neighborhoods
Vtrgtnta Beach wtll be a ctty without bhght All our ctttzens will have
the opportunity to hve tn vital, safe, and attractive neighborhoods that
provtde a high quahty ofhfe and help our ctttzens achteve thetr goals
"Blight is not inevitable"
Mr Friedman &splayed a photograph ora town home tn the Princess ,4nne Plaza neighborhood Houstng
and NetghborhoodPreservatton asststed tn the rehabthtatton and the owner clearly has tnvested stgntficant
energy to make a contrtbutton to the netghborhood and the Ctty It ts not the value of the house, but who ts
matntatntng the property
A "vttal" netghborhood ts a place that people are putttng energy tnto (thorough tnvestment, maintenance
and social activity) because they want to hve there and beheve tn tts future Revttahzatton means "to keep
or return a netghborhood to vttahty " A conttnuum approach to netghborhood vttahty tdenttfies four
approaches to matntammg vttahty, which are utthzed based on an assessment of netghborhood conchttons
The four approaches are
Maintenance of public infrastructure and improvements, and the
ongoing provision of city-wide services
Re-investment to achteve ortgtnal con&ttons or matntatn current
condtttons vta replacement or upgrading of tnfrastructure
Revitalization a comprehensivelyplanned and tmplemented approach
to achtevtng vttaltty
Redevelopment A partial or total change of structures, land or both,
to achteve vttahty and/or to address changing condtttons,
ctrcumstances and pubhc goals
Revitalization or redevelopment ts needed when ongotng market forces are not worktng to matntatn vttahty
The Ctty's role ts to tdenttfy areas where thts ts occurrtng, or has occurred, and to mobthze al stakeholders
tn a coordinated effort to reserve that Successful revttahzatton enhances ctttzen wealth, results tn "the
market" functtonmg effecttvely, and mcreases the tax base Mr. Frtedman ctted examples of successful
neighborhood revitalization:
The "target neighborhood program" revttahzed 10 tdenttfied areas
Water, sewer, streets, dratnage, houstng asststance and code
enforcement were provtded
Results tncluded stgntficant prtvate tnvestment and accelerated
increases tn assessments
Vtrgtnta Beach's Atlanttc Avenue area ts an example of revttahzatton
Acttvtttes undertaken tncluded
Infrastructure and phystcal envtronment tmprovements
Enhanced safety through more pohctng
Intenstfied tnspecttons of prtvate property
Increased pubhc servtces
November 12, 2002
- 10-
CITY MANAGER'S BRIEFING
NEIGHBORHOOD REVITALIZATION STRATEGY
ITEM # 50368 (Continued)
Revitalization Work Under Way
The Resort Area Netghborhoods project ts ustng a storm waterproject
as a platform to tmprove traffic, street scape and landscaptng
The Fatr Meadows Neighborhood ts an example of the QPE Team's
"Multiple Outcome "pohcy of using already-planned tnvestments to
leverage more improvements
Lake Edward revttahzatton acttvtttes began in 1999 and tnclude
stgntficant tnvestments tn houstng tmprovements, recreation youth
programs and communtty pohctng
Assessments tn Lake Edward tncreased 18% from FY 01-02 to 02-03
Thts ts more than trtple the average tncrease tn assessments for
townhouses that year of 4 9%
Vtrgtma Beach ts acttvely worktng to tmprove netghborhoods Programs tnclude. Ongotng enforcement of
butldtng, property matntenance, zonmg, fire safety and health codes (over 35, 000 annually), pro-active
communtty pohctng to acttvely tmprove safety, and, conducting netghborhood leadershtp courses for civic
leaders
What's Our Environment
The Ctty's houstng ts tn good conchtton Eighty-four percent (84%) of houstng meets
exterior code requirements
The Ctty's houstng ts agtng There are over 160,000 houstng units tn our city,
representtng over 90% of what wtll be here for the next l O years At least 60,000 houstng
untts are over 20years old Aging houstng ts more expenstve to matntatn Some houstng
requires more matntenance due to lack of tntttal quahty Some houstng wtll become
economtcally tnfeastble to matntam
The Ctty ts almost fully developed Under current pohctes, most development tn the Ctty
wtll occur tn already developed areas -wtll be etther tnfill or redevelopment
Restdenttal property represents the majortty of the Ctty's prtvate and pubhc wealth In
2002-2003, the total assessed value of restdenttal property was $20 5-BILLION, or 82%
of the total value of real property tn the ctty Thts represents the majortty of the wealth
of our ctttzens and of the tax base needed to provtde ctty servtces
Problems tn housmg affordabthty extst Not all of our ctttzens can comfortably afford the
houstng tn which they hve Thts can create severe famtly stress Increases tn maintenance
requtrements wtll increase affordabthty problems and can contrtbute to netghborhood
dechne
Some rental property ts poorly managed A key contrtbutor to netghborhood dechne ts
poorly managed rental property Landlords themselves, or thetr tenants, can contrtbute
to netghborhood dechne These landlords are generally not professtonal management
compantes, but prtvate tnchvtduals
The Ctty's netghbors are tmprovtng thetr houstng and netghborhoods The Ctty of Norfolk
has estabhshed an ambtttous housmg strategy Norfolk ts provtchng $150-MILLION tn
tmprovements for the Board Creek area Portsmouth ts actively redeveloping large areas
into quahty rental and home ownership netghborhoods Hampton has a healthy
netghborhood tntttattve
November 12, 2002
-11-
CITY MANAGER'S BRIEFING
NEIGHBORHOOD REVITALIZATION STRATEGY
ITEM # 50368 (Continued)
RE COMMENDATIONS
Keep dotng what we are doing Quahty ctty servtces, tnfrastructure
investments and quahty pubhc schools provtde the basts for quahty
netghborhoods
Add capactty as needed Conttnue to ensure that our capabtltty to do
thts work matches the demands of our changing ctty
Add new capabthttes aging houstng and netghborhood dechne requtre
new resources, tools, tdeas Constder utthztng extsttng resources for
new uses Tap new resources for houstngfinance
Engage ctttzens pro-acttvely, early and at the neighborhood level
Increase coordtnatton of and prtortttze tnfrastructure tnvestments
Create gutdehnes for long term quahty good design and tntttal quality
tn houstng and netghborhoods more than pays for ttself over ttme
Provtde tncenttves to tnsure gutdehnes are followed
Enhance Markettng create accurate, postttve tmpresstons of our
netghborhoods for current and potenttal future residents and
stakeholders
Plan for Redevelopment redevelopment ts one part of the conttnuum
approaches to revttahztng netghborhoods Redevelopment ts the
parttal or total change of the use and ahgnment of land, structures or
both
The Ctty should, with the help of ctttzens, develop prtnctples and practtces to gutde redevelopment as part
of tts approach to constdertng a Redevelopment and Housing Authority.
November 12, 2002
- 12-
AGENDA RE VIE W SESSION
3:30 P.M.
ITEM # 50369
I 10rdtnances to AMEND the Ctty Code
a Tax revlstons
(1) Recetpt and collectton of meal taxes
(2) Admission and lodgtng taxes
(3) New penalty and tnterest provtstonsfor these taxes
Mayor Oberndorf referenced the correspondence of the Ctty Manager requesttng deferral of any Counctl
actton re transferrtng Trustee Taxes from the Treasurer's Office to the Commissioner of the Revenue.
There have been btlhng, assessment and tracktng issues that have artsen over the last couple of years that
warrant research prtor to maktng organtzattonal adjustments In addition, both of these offices are subject
to state findtng reductions that may hmtt thetr abthty to fulfill extsting programs much less take on new
functtons wtthout addtttonal revenues To address these concerns, the Ctty Manager recommends a transfer
from the regular Reserve for Contingencies of not more than $100,000 to fund a management review of
the best managementpracttces and effictency gatns related to the assessment and collectton of vartous Ctty
Taxes Thts revtew would tnvolve the Department of Ftnance, Real Estate Assessor, CtO, Treasurer and
Commtsstoner of the Revenue The Ctty Manager advtsed the $100,000, ts a rough esttmate and the study
ts not to just examine the Trustee Taxes, but more of a comprehenstve assessment of the functtons of the
Treasurer's, Commtsstoner of Revenue's and Real Estate Assessors offices There are real areas where
effictenctes can be achteved and better services rendered as well as better utthzatton of technology
Phtlhp Kellam, Commtsstoner of the Revenue, advtsed he has been attempttngfor the last three years to get
this ordtnance before City Council This ts almost a duphcate of the Ordtnance re telecommuntcattons
adopted by Ctty Counctl on September 3, 2002 The Ctty Manager dtd not stgn off on thts Ordinance Mr.
Kellam does not beheve a best practtces revtew ts necessary There was an internal au&t, whtch revtewed
thts process tn August 2001 Coptes of thts audtt were dtstrtbuted by Mr. Kellam There has been an on-
going 3-year revtew entttled the Revenue, Assessment and Collectton System The most effictent manner of
collecttng these taxes ts not being executed
John T Atktnson, C~ty Treasurer, advtsed one area of &spute ts the process re whether the Commtsstoner
of the Revenue should collect the money The staff dtd review thts process two years ago and essenttally
approved essentially the request of Mr Kellam Mr Atktnson beheved the delinquency rates can be analyzed
very qmckly Staff ts more than capable of performtng the analysts
The Ctty Attorney advtsed the key element re the Trustee Taxes ts the City Treasurer has extraordtnary
powers to be able to collect these taxes The Treasurer must be on board and ts gotng to collect these taxes
under thts Ordtnance The Ctty Attorney beheved there are unresolved tssues whtch are not surfacing at the
moment The power of collectton of the Ctty Attorney is a ctvtl process of fihng a motton with the Circutt
Court or General Dtstrtct Court and obtatmng a judgment The Treasurer's powers tnclude levytng on
property and clostng bustnesses tn order to collect taxes
Council Lady McClanan expressed concern relattve page 3, hne 98' Thts esttmated assessment shall be
payable along with penalty and mterest wtthm five (5) days from the date such notice ts marled by the
treasurer Counctl Lady McClanan beheved two members of City Counctl should be a part of the study
The Ctty Treasurer suggested a commtttee of two be appotnted by Ctty Counctl to confer wtth Mr. Kellam
and htmself and be the arbttrators The Ctty Treasurer did not beheve thts would entatl more than three
hours
Mayor Oberndorf appotnted Vtce Mayor Jones and McClanan as the arbttratton Commtttee. Thts item shall
be DEFERRED until the City Council Session of December 10, 2002.
November 12, 2002
- 30-
Item V-I.l.a.
ORDINANCES/RES OL UTIONS
ITEM # 50399
Upon motton by Counctlman Jones, seconded by Councd Lady Wdson, Ctty Councd DEFERRED to the
City Council Session of December 10, 2002.
Or&nances to AMEND the Ctty Code
a Tax revtstons
(1) Recetpt and collectton of meal taxes
(2) Admtsston and lodgtng taxes
(3) New penalty and tnterest provtstons for these taxes
Vottng 10-0 (By ConsenO
Councd Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox,
Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A
Vdlanueva, Rosemary Wtlson and James L Wood
Councd Members Vottng Nay
None
Councd Members Absent
None
November 12, 2002
- 13-
AGENDA RE VIEW SESSION
ITEM # 503 70
I 10rdtnance to AMEND the City Code
b ~ 6-8 re the use of wheeled devtces wtth a wheel &ameter of less
than twelve (12) snches on any dune cross-over timber walkways
located at the beach accesses between 59th and 89'h Streets
Phsllsp Roehrs, Engsneersng - Pubhc Works, Beach Management, advssed the purpose of the or&nance ss
three-fold The first pedestrtan safety, second the tssue of nosse and thtrd the damage occurrtng Thts
or&nance tncludes recreattonal modes of transportatson wsth a wheel &ameter of less than twelve (12)
snches
Councsl Lady Eure beheves thss should also apply to BMXbskers, who can nde on any surface. Councdman
Reeve suggested the addstson of prohsbsttng trsck rsdsng
Thss stem wsll be dsscussed dursng Formal Sesston
ITEM # 503 71
I 10r&nance to AMEND the Ctty Code
c ADD 3~ 21-321 2 re maxsmum speed limsts wtthsn dessgnated
netghborhoods (traffic calmsng)
· Lake James' Lake James Drtve
Councd Lady Eure requested the ressdents had suggested to her another the street whsch ss as great or even
greater was not tncluded Thts has not been approved by the Ctty Councd, but ss#ns have already been
placed re the traffic calmsng Mrs Eure beheves that the nesghborhood would hke Belvosr Lane added to
the traffic calming, whtch ss all the same ctrcle around the Lake From the entrance, Lake ,lames goes
to the rtght and Belvosr to the left Counctl Lady Eure requested snformatson be provsded
ITEM # 503 72
15
Ordsnance to AUTHORIZE the Memorandum of Understan&ng and
Operating Agreement between the Csty and VIRGINIA MUSEUM of
MARINE SCIENCE FO UNDA TION
Councd Lady McClanan expressed concern relattve the automattc renewal of the Agreement after the tntttal
five-year term Councsl Lady McClanan also expressed concern relatsve tscket access to the Museum
Lynn Clements - Dsrector, Department of Museums and Cultural Arts, advssed the agreement can be
termsnated wsth a twelve month notsce at any tsme The Agreement can certatnly be renewed by City Council
every five years
Mrs Clements advssed people can call ahead for ttckets to the Marine Scsence Museum At all the hotels,
there are "rack" cards and the phone contact who would provsde asststance One of the sssues of the IMAX
theatre ts tsme tsckettng Coordtnattng thss aspect ss a bst of a challenge and hopefully when the software ss
upgraded, web based ttcketsng can be achseved tn the future
Agreement shall be revssed to snclude the document shall be revsewed by the Csty Counctl every five (5)
years
November 12, 2002
-14-
AGENDA RE VIE W SESSION
ITEM # 503 73
17
Ordtnance to AUTHORIZE a thtrd supplement to the Development
and Post-Closing Escrow Agreements ("the Supplemental
Documents '9 for the Town Center project
Asststant Ctty Attorney Carol Hahn advtsed there have been two changes tn the Third Supplement and the
Post-Closing Escrow Agreements Exhtbtt 9 1 2 &splays the reduction from 3 75, 000 to 345, 000 square
feet There was a small change to one of the condtttons in the release of the Escrow There ts a condition
that the Development Authortty wtll bom back about $2-MILLION from the $22.5-MILLIONpurchaseprice
to be released to the Developer upon sattsfactton of certatn condtttons. $50,000 wtll be released when
unanttctpated needs are tdenttfied by the Developer and the Authortty The "punch hst" escrow wtll be held
back unttl completton of the ''punch hst" About $1 2-MILLION wtll be held back unttl completton of the
structural shell of two (2) of the elements on Block 4 The requtrement to the release of any of those montes
that there not be a breach of warranty clatm by the Authortty agatnst the Developer has been removed.
Counctlman Jones DISCLOSED and wtll ABSTAIN as he has an ownershtp tnterest tn Resource Bank,
whtch exceeds three percent (3%) of tts total equtty Resource Bank has entered tnto a Parttctpatton
Agreement wtth Monarch Bank for a line of credit to Armada Hoffler Properttes It ts hkely that Armada
Hoffler Properties will manage the Town Center for the project's Developer, Town Center Assoctates. Also,
Resource Bank ts tn negottatton to lease a new butldtng at the Town Center
ITEM # 503 74
18.
Ordtnance to APPROPRIATE a total of $1 O, 397, 000 tn FY 2001-
2002 School Reverston Funds
$&8-Million:
(1) $3,000,000
(2) $2,000,000
(3) $3,200,000
(4) $ 400,000
(5) $ 200,000
FY 2002-2003 School Capital Budget
Telecommumcatton Infrastructure Replacement
Instructtonal Technology
Equtpment and Vehtcle Replacement
Student Data Management System
Landstown High School/Prtncess Anne Road
Pedestrian Bridge
$1,597,000:
(1) $1,400,000
(2) $ 197,000
Instructional Category
SOL Incentive Program
Athlettc equipment
Counctl Lady Wilson advtsed she watched the rebroadcast of the School Board meeting and was
chsappotnted re thetr dectston not to expedtte the pay raises Counctl Lady Wtlson was pleased wtth the
recognttton of rehef for Baystde Mtddle School
ITEM # 503 75
19
Ordtnance to APPROPRIA TEa grant of $15, O00 from the FRANCIS
LAND HOUSE TRUST FUND to FY 2002-2003 operattng budget of
the Department of Museums and Cultural Arts re support for
programs, events, exhtbtts and general operatmg expenses at the
Francts Land House and Adam Thoroughgood House.
Councd Lady McClanan adwsed an update has been requested relative the status of the Adam
Thoroughgood House As long as the Ctty ts gotng to be "caretakers "for thts House, she does not wtsh to
approprtate funds from the Francts Land House to the Adam Thoroughgood House.
Lynn Clements -Dtrector, Department of Museums and Cultural Arts, advtsed spealang with Harry Lester,
Member, Board of Trustees - Chrysler Museum, and he ts acttvelypursmng the Thoroughgood House project
to have the House conveyed t. f not to the Ctty of Vtrgtnta Beach to another enttty that wouM coordtnate wtth
the Ctty relattve the House's operation These funds are needed not only for the Adam Thoroughgood House,
but the Francts Land House Mrs Clements advtsed Mr Lester has been advtsed the Ctty ts tnterested tn
owtng the Adam Thoroughgood House The Ctty Manager advtsed havtng conversattons with the City
Manager of Norfolk and trytng to have the Chrysler Board coordinate the project
November 12, 2002
- 15-
AGENDA RE VIEW SESSION
ITEM # 503 75 (Continued)
Mayor Oberndorf advtsed the Chrysler Museum has ratsed $30-MILLION and ts not purstng $50-MILLION
for a permanent endowment for the Museum
Counctl Lady Eure concurred wtth Councd Lady McClanan and tt has been well over a year the Ctty has
been operattng the Adam Thoroughgood House
Council Lady McClanan advtsed Counctlman Reeve the Friends of the Francts Land House ts the group of
tnterested volunteers that supports the programs and activtttes of the Francts Land House Thts Or&nance
would take funds that have been ratsed by these Frtends for the Francts Land House and use tt for both
houses
In order for the Frtends of the Francts Land House to meet and vote on thetr preference, thts item will be
DEFERRED, B Y CONSENT, until the City Council Session of November 26, 2002.
ITEM # 503 76
B Y CONSENSUS, thefollowtng shall compose the CONSENTAGENDA:
ORDINANCES/RES OL UTIONS
I 10rdtnances to AMEND the City Code
a Tax revtstons
(1) Recetpt and collection of meal taxes
(2) Admtsston and lodgtng taxes
(3) New penalty and tnterest provtstons for these taxes
b 3~ 6-8 re the use of wheeled devtces wtth a wheel diameter of less
than twelve (12) roches on any dune cross-over ttmber walkways
located at the beach accesses between 59th and 89~h Streets
c ADD 3~ 21-321 2 re maxtmum speed hmtts wtthtn destgnated
neighborhoods (traffic calming)
· Lake James Lake James Drtve
L2
Or&nance to AUTHORIZE the City Manager to convey a permanent
utthty easement on City-owned property, known as Indian River
CITGO, to VIRGINIA ELECTRIC AND POWER COMPANY
[VEPCO]; and, EXECUTE the necessary Easement Agreement
L3.
Ordtnances to AUTHORIZE temporary encroachments tnto
porttons of Ctty-owned properttes:
Sandbrtdge Shores by JULIO and EBBIE CABRAL construct a
new pier and access to replace a deteriorated structure at 2864
Bluebtll Drtve
(DISTRICT 7 - PRINCESS ANNE)
Back Bay Meadows by JOHN E. and A UDREYD. SETTLE
construct and maintain a wharf at 295 7 Sand Bend Road
(DISTRICT 7 - PRINCESS ANNE)
L4
Ordinance to AUTHORIZE acqmsttion of temporary and permanent
easements for the PEMBROKE MANOR storm water upgrade at
Independence Boulevard and Jeanne Street, by agreement or
condemnatton
November 12, 2002
-I6-
AGENDA RE VIE W SESSION
ITEM # 503 76 (Continued)
15
16
17
Or&nance to AUTHORIZE the Memorandum of Understandtng and
Operatmg Agreement between the Ctty and VIRGINIA MUSEUM of
MARINE SCIENCE FOUNDATION
Resolutton to ESTABLISH the Ctty Counctl's relattonshtp wtth
VIRGINIA BEACH COMMUNITY DEVELOPMENT
CORPORA TION (VBCDC)
Or&nance to AUTHORIZE a thtrd supplement to the Development
and Post-Clostng Escrow Agreements ("the Supplemental
Documents ")for the Town Center proJect
18
19
Or&nance to APPROPRIATE a total of $1 O, 397, 000 in FY2001-2002
School Reverston Funds
$& 8-Million:
(1) $3,000,000
(2) $2,000,000
(3) $3,200,000
(4) $ 400,000
(5) $ 200,000
FY 2002-2003 School Capital Budget
Telecommumcatton Infrastructure Replacement
Instructtonal Technology
Equipment and Vehtcle Replacement
Student Data Management System
Landstown Htgh School~Princess Anne Road
Pedestrtan Brtdge
$1,597,000:
(1) $1,400,000
(2) $ 197,000
Instructional Category
SOL Incenttve Program
Athlettc equtpment
Ordtnance to APPROPRIATE a grant of $15, O00 from the FRANCIS
LAND HOUSE TRUST FUND to FY 2002-2003 operating budget of
the Department of Museums and Cultural Arts re support for
programs, events, exhtbtts and general operattng expenses at the
Francts Land House and Adam Thoroughgood House
Item L l.a. DEFER, BY CONSENT, until the City Council Session of December 10, 2002
Item LS. ADOPT, AS AMENDED, BY CONSENT
Item L 7 ADOPT, AS REVISED, BY CONSENT
Vice Mayor Jones will ABSTAIN on Item L 7.
Item L9 DEFER, BY CONSENT, until the City Council Session of November 26, 2002.
Council Lady McClanan will vote NAY on Item 1.9.
November 12, 2002
-17-
,4 GENDA RE VIE W SESSION
ITEM # 503 77
J1
Vartance to Sustatn 4 4 Subdtvtston Or&nance that reqmres all newly
created lots meet the requtrements of the Ctty Zontng Or&nance
(CZO) for FOUR PINES ASSOCIATES, L.L.C. at the southwest
tntersectton of West Great Neck Road and Adam Keehng Road,
contatntng 40 46 acres (DISTRICT 5 - LYNNHA VEN)
Stephen Whtte, Plantng, advised the apphcant has requested an INDEFINITE DEFERRAL.
ITEM # 503 78
J2
Petttton re the dtsconttnuance, closure and abandonment of a porttons
of certatn streets
DEMERTRIOUS KOULOUKIS for Admiral Wright Boulevard on
the east side of Euchd Street, south of Vtrgtnta Beach Boulevard,
contatntng 15,111 square feet
(DISTRICT 2 - KEMPSVILLE)
Thts ttem wtll be DEFERRED, BY CONSENT, until the City Council Session of November 26, 2002.
ITEM # 503 79
J2
Petttton re the dtsconttnuance, closure and abandonment of a porttons
of certam streets
UNITED JEWISH FEDERATION of TIDEWATER re
EXTENSION of time for comphance [approved November 27, 2001,
wtth ntne condtttons] for
·Morrts Avenue
·Katte Brown Drtve
Mayor Oberndorf advtsed the apphcant has requested extension for comphance for 90 days to March 26,
2003
ITEM # 50380
J4
Apphcatton of THAO L. NGUYEN for a Conditional Use Permtt re a
church at the east stde of Prtncess Anne Road, south of Green
Meadows Drtve, contatntng 1 acre
(DISTRICT 2 - KEMPSVILLE)
Ifa stgn ts gotng to be tnstalled, Counctl Lady McClanan requested an addtttonal condttton
The stgn shall be monument t_¥pe of stmtlar butldmg matertals tn accordance wtth the
Ctt¥'s stgn ordtnance
ITEM # 50381
,17
Apphcatton of PRINCESS ANNE COUNTRY CLUB fora
Condtttonal Use Permtt re a golf cart storage facility on the northeast
corner of Holly Road and Ltnkhorn Drive, contatmng
16, 988 square feet (DISTJ',JCT 5 - L I?,?4IIA VEN)
(DISTRICT 6- BEA CH)
Counctlman Wood advtsed thts apphcatton ts tn the Beach Dtstrtct
The Ctty Attorney advtsed Counctl Lady Wtlson, even though she ts a member of the Club, she could
parttctpate tn the dtscusston and vote This ts asoctal club and she does not recetve any benefit or detrtment
November 12, 2002
-18-
AGENDA RE VIE W SESSION
ITEM # 50382
J8
Apphcatton of JANICE L. ROWLEY for a Con&ttonal Use Permtt re a
recreattonal use of an outdoor nature (skateboard ramp)on Summerset
Lane south of New Castle Road (808 Summerset Lane), and contaimng
15,225 square feet
(DISTRICT 5 - L YNNHA VEN)
Thts stem will be dtscussed tn Formal Sesston
ITEM # 50383
,19
Apphcatton of TRITON PCS, Inc for a Condtttonal Use Permtt re
a monopole and stadium light on northwest corner of North Great
Neck Road and Shorehaven Drtve (2425 Shorehaven Drtve) and,
contatntng 49 995 acres
(j.~/ ~r'~ T P,"~ I'b T /'"~ '"I~ '9 Tb /'~ ~"~ ~ T T J T T ~
o~.~ · ~ - ~,~o~ ~.~/ (DIST~CT 5 - L~NHA VEN)
Counctl Lady McClanan advtsed thts apphcatton ss not tn Rose Hall, but ss tn the Lynnhaven Dtstrtct
ITEM # 50384
B Y CONSENSUS, thefollowtng shall compose the CONSENTAGENDA
J1
Vartance to Sustatn 4 4 Subdtvtston Or&nance that requtres all newly
created lots meet the requtrements of the Ctty Zontng Ordinance (CZO)for
FOUR PINES ASSOCIATES, L.L.C. at the southwest tntersectton of
West Great Neck Road and Adam Keehng Road, contatntng 40 46 acres
(DISTRICT 5 - L YNNHA VEN)
J2
Pettttons re the &sconttnuance, closure and abandonment of a porttons of
certatn streets
DEMERTRIOUS KOULOUKIS for Admiral Wright Boulevard on the
east stdeof Euchd Street, south of Virginia Beach Boulevard, contatntng
15,111 square feet
(DISTRICT 2 - KEMPSVILLE)
DAKOTA ASSOCIATES, LLC to MODIFY the closed area (approved
August 27, 2002 wtth five condmons) re Joseph Place. north of Maple
Lane
(DISTRICT O- BEACH)
UNITED JEWISH FEDERATION of TIDEWATER re EXTENSION of
trine for comphance [approved November 2 7, 2001, wtth ntne condtttons]
for
·Morrts Avenue
·Katte Brown Drtve
J3
Apphcatton of CHARITY UNITED METHODIST CHURCH re a
Condtttonal Use Permtt for a church expansion and preschool at Chartty
Neck and Gum Brtdge Roads (4080 Chartty Neck Road), contatntng 3 58
acres
(DISTRICT 7- PRINCESS ANNE)
J4
Apphcatton of THAO L. NGUYEN for a Condtttonal Use Permit re a
church at the east stde of Prtncess Anne Road, south of Green Meadows
Drtve, contatntng 1 acre
(DISTRICT 2 - KEMPSVILLE)
November 12, 2002
- 19-
AGENDA RE VIEW SESSION
ITEM # 50384 (Continued)
J5
J6
J7
Apphcatton ofNEWLIFE PRESBYTERIAN CHURCH for a Condtttonal
Use Permtt for expanston on the west stde of Dam Neck Road, north of
Monet Drtve (3312 Dam Neck Road) contatntng 6 3 acres
(DISTRICT 3 - ROSE HALL)
Apphcatton of A. J. VENTURES, INC for a Conchttonal Use Permit re a
carwash, at Shore Drtve west of Treasure Island Drtve (435 7 Shore Drtve)
contammg 34, 630 square feet
(DISTRICT 4 - BA YSIDE)
Apphcatton of PRINCESS ANNE COUNTRY CLUB for a Con&tional
Use Permtt re a golf cart storage facility on the northeast corner of Holly
Road and Lmkhorn Dr~ve, containing
16,988 square feet (DISTRICT 5 -
(DISTRICT 6- BEACH)
J9
Apphcatton of TRITON PCS, Inc for a Condtttonal Use Permtt re a
monopole and stadium light on northwest corner of North Great Neck
Road and Shorehaven Drtve (2425 Shorehaven Drtve) and, contamtng
49 995 acres
j.T%T O ~T~ ~t T [-~ ~I~ T~ ~ ~ ~. Y T ~ T T ~
~/ (DIST~CT 5 L~NHAVEN)
Item J. 1: DEFER INDEFINITEL Y, B Y CONSENT.
Item J. 2a: DEFER, BY CONSENT, until the City Council Session of November 26, 2002
Item J. 2c: APPROVE, BY CONSENT, FOR EXTENSION OF NINETY (90) DAYS FOR
COMPLIANCE.
Item ,I. 4.: APPROVE, BY CONSENT, with additional condition.
November 12, 2002
- 20 -
CITY COUNCIL COMMENTS
4:35 P.M.
ITEM # 50385
Counctl Lady McClanan referenced Police Officer Johnson, who was tnvolved tn an acctdent His fellow
pohce officers wtsh to asstst btm She asked the Ctty Manager for a status report
The Ctty Attorney advised the Ctty Manager thts ttem can not be &scussed tn Closed Sesston The City
Council does not appotnt thts official The Ctty Manager dtstrtbuted correspondence relattve thts ttem.
ITEM # 50386
Counctlman Vtllanueva referenced correspondence relattve the proposed questionnaire to be submitted
to the Kempsville District applicants to whtch they wtll each respond tn wrttten form Counctlman
Vtllanueva requested each Member of Ctty Council provtde proposed questtons to him by Wednesday,
November Thtrteenth, tn order for btm to assemble the questtonnatre and have the City Clerk dtstrtbute same
to the declared can&dates
ITEM # 5038 7
Mayor Oberndorf advtsed, based on the voter turnout relattve the Referendum, the Ctty of Rtchmond has
forwarded a request to the General Assembly re Counctlmamc electrons to take place on the first Tuesday
tn November Mayor Oberndorf agatn requested the Ctty staff to prepare Or&nance to amend the City Code
relattve electrons
Mayor Oberndorf dtstrtbuted coptes of the newspaper arttcles from the Rtchmond Ttmes Dtspatch and her
proposed ordinance for Ctty Counctl's revtew
Ordinance to add sectton 2-15 of the Ctty Code to provtde for Mayoral,
Ctty Councd and School Board electrons to take place on the Ftrst Tuesday
tn November
ITEM # 50388
Mayor Oberndorf referenced the selectton of the Vtce Mayor and read the "ground rules" The Chatr wtll
call for nomtnatzons from the floor (Ctty Counctl) When a name ts placed tn nomtnatton, no second ts
requtred When tt appears no one else wishes to make a further nomtnatton, the Chatr wtll ask if there are
any further nomtnattons If there ts no response, the Chatr wtll declare the Nomtnattons CLOSED. The
Nomtnees will be voted upon tn the order nomtnated As soon as one of the Nomtnees recetves a majortty
vote (meantng slx (6) votes), the Chatr wtll declare that Nomtnee to be elected and no further votes wtll be
taken
ITEM # 50389
Counctlman Reeve advtsed the Virginia Beach Transition Area Technical Review Committee dtd not meet
on Monday, November 11, 2002 (VETERANS' DA Y) The next meettng ts scheduled for November 18, 2002
ITEM # 50390
Counctlman Reeve advised he had prevtously referenced the tssue at Sandbridge relative the BMP's
constructed for stormwater management Correspondence from ctttzens has been forwarded to the Mayor
and the Ctty Manager relattve thetr concerns Counctlman Reeve has spoken with E Dean Block, Dtrector
of Pubhc Works, who has agreed to reevaluate these BMP's to attempt to find a solution whtch wtll appease
the restdents from an aesthettcs and safety standpoint
November 12, 2002
- 21 -
CITY COUNCIL COMMENTS
ITEM # 50391
Counctlman Reeve advised last Frtday, November 8, 2002, five members of City Counctl went to
Phtladelphta and Charlotte to tour their Convention Centers This was an enhghtemng and educattonal trip
On Wednesday, November 13, 2002, Counctl Members Eure, Maddox and Reeve wtll fly to Chtcago to meet
with Skidmore, Owings & Merrill LLP (SOM) and tour the McCormick Center These VlSttS wtll definttely
assist tn the final dehberatzon relative the Conventton Center
Mayor Oberndorf dtstrtbuted a copy of the Travel Policy and an ordinance to establish a reimbursement
Policy for in-city travel and meal expenses incurred by Members of City Council (adopted June 2, 1992)
There has been no formal process at thts time by which the City Council has etther approved or &sapproved
travel The Ctty Counctl has only been the recipients of the announcements of travel
The Ctty Attorney dtstrtbuted correspondence advtstng that due to the fact that more than two (2) members
are travehng, thts constitutes a "meettng" and he was unable to make the proper nottficatton for thts trtp
The City Attorney requested thts trtp be rescheduled The statue requtres nottce of three (3) worktng days
for any meettng of 3 or more members of City Counctl
Counctlman Reeve advtsed the ttckets have been purchased and are non-transferrable and non-refundable.
If at least two members do not make the trtp, the funds wtll be lost
Counctlman Maddox, advtsed the tnvttatton was extended by SOM James Rtcketts, Admtntstrator -
Conventton and Vtsttor Development, ts tn Chtcago Counctlman Maddox advtsed a transportation
consultant wtll also be present Counctlman Maddox beheves attendance to be vttal
Counctl Lady Eure advtsed, tf Counctl Members Reeve and Maddox wish to be the representattves, she wtll
be pleased to dechne
Mayor Oberndorf requested the representattves of SOM be present for a Brtefing relattve the Conventton
Center durtng the Ctty Counctl Workshop on November 19, 2002
November 12, 2002
~ 23 -
ITEM # 50393
Mayor Oberndorf entertained a motton to permtt Ctty Councd to conduct tts CLOSED SESSION,
pursuant to Section 2 1-344(A), Code of Vtrgmta, as amended, for the followmg purpose
PERSONNEL MATTERS Dtscusston, consideration or tntervtews of
prospecttve can&dates for employment, asstgnment, appointment,
promotton, performance, demotion, salartes, &sczplmmg, or resignation
of specific pubhc officers, appmntees, or employees pursuant to Section
2 2-S71 ~ (A)
To Wit Appotntments
Boards and Commtsstons
Parks and Recreatton Commtsston
Planntng Commtsston
Resort Advtsory Commtsston
PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the
acqmsmon of real property for a pubhc purpose, or of the disposmon of
pubhcly-held real property, where dtscusston tn an open meettng would
adversely affect the bargatntng positron or negottattng strategy of the
pubhc body pursuant to Sectton 2 2-3711(A)(3)
Dtsposttton of Property -Prtncess Anne Dtstrtct
LEGAL MA TTERS Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertatmng to actual or probable
httgatton, or other spectfic legal matters requtrtng the provtston of legal
advtce by counsel pursuant to Sectton 2 2-3771(A)(7)
Ctty of Vtrgtma Beach v F Wayne McLeskey, Jr
Upon motton by Councdman Jones, seconded by Councdman Maddox, Ctty Councd voted to proceed tnto
CLOSED SESSION.
Vottng 10-0
Councd Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox,
Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A
Vtllanueva, Rosemary Wdson and James L Wood
Councd Members Vottng Nay
None
Councd Members Absent
None
(5:08 P.M. - 6:00 P.M.)
November 12, 2002
- 24 -
FORMAL SESSION
VIRGINIA BEA CH CITY CO UNCIL
November 12, 2002
6:00 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Counctl Chamber, Ctty Hall Butldtng, on Tuesday, November 12, 2002, at 6. O0 P M
Counctl Members Present
Margaret L Eure, Reba S McClanan, Rtchard A Maddox, Mayor
Meyera E Oberndorf, Jtm Reeve, Peter Il; Schmtdt, Ron A Vtllanueva,
Rosemary Wtlson and James L Wood
Counctl Members Absent
None
INVOCATION Counctlman Louts R Jones
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
November 12, 2002
Rem ~E
- 25 -
CERTIFICATION OF
CLOSED SESSION
ITEM # 50394
Upon motton by Counctlman Wood, seconded by Councilman Jones, Ctty Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc business matters lawfully exempted from Open Meettng
requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch
thts certtficatton resolutton apphes,
AND,
Only such pubhc business matters as were tdenttfied tn the motton
convemng the Closed Sesston were heard, dtscussed or constdered by
Vtrgtnta Beach Ctty Council
Voting 10-0
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt,
Ron A Vtllanueva, Rosemary Wtlson and James L Wood
Council Members Vottng Nay
None
Counctl Members Absent
None
November 12, 2002
I
OUR Nh
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virgima Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 50393, page 23, and ~n accordance w~th the
prov~slons of The Virginia Freedom of Information Act, and,
WHEREAS Section 2 2-3 711(A) of the Code ofV~rglnla reqmres a certification by the governing
body that such Closed Session was conducted in conformity with Vlrglma law
NOW, THEREFORE, BE IT RESOLVED' That the Virginia Beach City Council hereby certffies
that, to the best of each member's knowledge, (a) only pubhc bus~ness matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which th~s certification resolution
applies; and, (b) only such public business matters as were identified ~n the motion convening this Closed
Session were heard, discussed or considered by Vlrglma Beach C~ty Council.
_~.ff[h Hodges SC~th, MMC
City Clerk
November 12, 2002
- 26-
Item V-F. 1.
MINUTES
ITEM # 50395
Upon motton by Councd Lady Wdson, seconded by Councilman Reeve, City Council APPROVED the
Mmutes of the INFORMAL AND FORMAL SESSIONS of November $, 2002.
Vottng 10-0
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox,
Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A
Vtllanueva, Rosemary Wtlson and James L Wood
Counctl Members Voting Nay
None
Counctl Members Absent
None
November 12, 2002
-27-
Item V-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 50396
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
November 12, 2002
- 28 -
Item V-H.
PUBLIC HEARING
ITEM # 5039 7
Mayor Oberndorf DECLARED A PUBLIC HEARING
Conveyance of City's Utility Easements - Indian River Road and Lila Lane
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
November 12, 2002
Item V-L
- 29-
ORDINANCES/RES OL UTIONS
ITEM # 50398
Upon motion by Councilman Jones, seconded by Council Lady Wtlson, City Counctl APPROVED IN ONE
MOTION Items la (DEFERRED) lb/c 2,3a/b, 2 a, 3, 4, 5 (AMENDED), 6, 7 (REVISED), 8 and 9
(DEFERRED) of the CONSENT AGENDA
Item la was DEFERRED B Y CONSENT, unttl the City Council Session of December 10, 2002.
Voting 10-0 (By Consent)
Counctl Members Voting Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Richard A Maddox,
Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Ron A
Vtllanueva, Rosemary Wdson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
Counctlman Jones DISCLOSED and ABSTAINED (Item L 7 (Town Center), as he has an ownershtp
mterest tn Resource Bank, whtch exceeds three percent (3%) of tts total equtty Resource Bank has entered
tnto a Parttctpatton Agreement wtth Monarch Bank for a line of credit to Armada Hoffler Properttes It ts
hkely that Armada Hoffler Properttes wtll manage the Town Center for the project's Developer, Town
Center Assoctates Also, Resource Bank ts tn negottatton to lease a new butlchng at the Town Center
Counctl Lady McClanan voted a VERBAL NAY on Item L 9. (Adam Thoroughgood House)
November 12, 2002
- 30-
Item V-I.I.g
ORDINANCES/RES OL UTIONS
ITEM # 50399
Upon motton by Councdman Jones, seconded by Councd Lady Wdson, Cay Councd DEFERRED to the
City Council Session of December 10, 2002.
Ordtnances to AMEND the Ctty Code
a Tax revtstons
(1) Receipt and collectton of meal taxes
(2) Admtsston and lodgtng taxes
(3) New penalty and tnterest provtstons for these taxes
Voting 10-0 (By ConsenO
Councd Members Votmg Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox,
Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A
Vdlanueva, Rosemary Wdson and James L Wood
Councd Members Vottng Nay
None
Councd Members Absent
None
November 12, 2002
Item V-l.l.b?c.
-31 -
ORDINANCES/RESOL UTIONS
ITEM # 50400
Upon motton by Counctlman Jones, seconded by Counctl Lady Wilson, Ctty Councd ADOPTED:
Or&nances to AMEND the Ctty Code
b ~ 6-8 re the use of wheeled devtces with a wheel chameter of less
than twelve (12) inches on any dune cross-over ttmber walkways
located at the beach accesses between 59'h and 89tn Streets
c ADD 3g 21-321 2 re maxtmum speed hmits withtn destgnated
netghborhoods (traffic calmtng)
· Melbourne Manor Davts Street
· Lake dames Lake dames Drtve
Vottng 10-0 (By Consent)
Counctl Members Votmg Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox,
Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A
Vtllanueva, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
November 12, 2002
10
11
12
13
14
15
16
17
18
19
AN ORDINANCE TO ADD A NEW SECTION
TO THE CITY CODE PERTAINING TO
MAXIMUM SPEED LIMITS IN DESIGNATED
NEIGHBORHOODS
SECTION ADDED' 21-321.2
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA'
That the Code of the City of Virginia Beach, Virginia, is
hereby amended and reordained to read as follows-
Sec. 21-321.2. Traffic Calming v~a Maximu~n speed limits in
certain residential d~stricts; penalty.
Pursuant to section 46.2-878.2 of the Code of Virginia,
any person who operates a motor vehicle in excess of the maximum
speed limit established for any portion of the following highways
located within the designated neighborhoods, on or after the
effective date, shall be guilty of a traffic infraction punishable
by a non-prepayable fine of not more than $200, in addition to
other penaltzes provided by law:
20
21
22
23
24
25
26
27
28
Effective as of February 12, 2001:
1. L & J Garden: Norwich Avenue; Tajo
Avenue; Fairlawn Avenue; Dulcze Avenue.
2. Acredale: Andover Road; Langston Road;
Bonneydale Road; Olive Road, Alton Road; Old
Kempsville Road.
3. Lake Shores: Jack Frost Road; Lake
Shores Road.
4. Little Neck: Harris Road.
29
30
31
Effective as of August 14, 2001'
1. Lake Shores- Oak Leaf Lane, Tern Road; Lake Road S;
Regina Lane; Meredith Road, School Road, Mosby Road,
10
11
12
AN ORDINANCE TO ADD SECTION 6-8 TO THE
VIRGINIA BEACH CODE PERTAINING TO USE OF
WHEELED DEVICES WITH A WHEEL DIAMETER OF LESS
THAN TWELVE (12) INCHES ON DUNE CROSS-OVERS
SECTION ADDED' 6-8
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA'
That Section 6-8 of the Code of the City of Virginia Beach,
Virginia, is hereby added to read as follows-
Sec. 6-8. Use of wheeled devices w~th a wheel diameter of less than
13
14
15
twelve (12) ~nches on dune cross-overs.
(a) It shall be unlawful at any time for any person to use
any wheeled device with a wheel diameter of less than twelve (12)
16
17
18
19
20
21
inches on any of the dune cross-over timber walkways located at the
beach accesses between 59th Street and 89th Street.
(b) The provisions of this section shall not be applicable to
the use of wheelchairs for the transportation of disabled persons,
the use of baby carriaqes, strollers or related modes of
transportation for infants, or waqons or other cart-like devices.
22
23
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 12th day of November, 2002.
CA-8575
ORDINkPROPOSEDk06-008ord.wpd
RI - October 23, 2002
OCT--11--0~ 0~ :40 ~M ~. K. tlILLI~M~ ~ CO. 7574~17142 P. 02
take two months or more to get on thc agenda and another couple; of we;ks to schedule
the work.
The ear wash payment is $2,700.00 per month and the lost car wash sales are at
least $10,000 00 per month The gasoline sa]es are down tremertdously due to no ear
wash. In June, July, and August our net loss was $31,000.00. C'ur September loss will
be about $9,100.00. I am going to have to close the t;tore next week if I can't find some
way to solve this nightmare.
The pluses for the city are many; a nice, clean facility for the residents of%rginia
Beach to buy their fuel, We have invested $632,000.00 in this p~operty and are literally
on the verge of losing everything. The net revenue loss monthlylby not having our car
wash open is at least $6,000.00.
Plea '
se try tn some way to .help mc. John Richardson saic~ that he could file an
injunction and get before a judge tn three to four weeks. He felt ~hat since there was no
problem with the easement, thc judge would probably order the ~ity to grant thc casement
without C~ty Council approval. I
It just seems as though, somehow, there has to be an easi,
on Friday and see if you have any thoughts that might help me i~
certainly call me on my cell phone at 477-6532 or my home at 41
Thank you for taking the time to read this.
:r way. I will call you
this matter or you can
~2-0555.
Yours truly,
m Thomas
Owg -2---net, Indian River Citgo
REQUESTED BY COUNCILMEMBER EURE
ORDINANCE
AN ORDINANCE AUTHORIZING
THE CITY MANAGER TO CONVEY
A 200 SQUARE FOOT UTILITY EASEMENT
TO VIRGINIA ELECTRIC AND
POWER COMPANY
WHEREAS, the C~ty of V~rg~n~a Beach (the "C~ty") ~s the owner of a certain parcel
2 of real property located off Indian R~ver Road and L~la Lane ~n the C~ty of V~rg~n~a Beach,
3 V~rg~n~a, designated as GPIN 1465-28-9376 and containing approximately 0 037 acres (the
"Property") as shown on Map Book 152, at page 54,
WHEREAS, V~rg~ma Electnc and Power Company (the "Company") ~nstalled a three-
phase power facd~ty (the "Facility") upon the Property on or before July, 1985 to provide
electrical power to the Property and adjacent properties,
WHEREAS, the Company desires to provide electncal power from the Facd~ty to a
9 parcel of real property adjacent to the Property designated as Parcel B GPIN 1465-28-
9458, located on 5337 Indian R~ver Road, and more commonly known as the" Indian River
11 CITGO";
12
WHEREAS, ~n order to provide electrical power from the Facdity to the Indian River
13 CITGO, the Company must obtain a 5' by 40' utility easement (200 square feet)("the
14 Easement") from the C~ty; and
15
WHEREAS, C~ty staff has determined that the conveyance of the Easement ~s
16 appropriate, will not be detrimental to the C~ty's future use of the Property, and w~ll allewate
17 an undue hardship upon the owner of the Indian R~ver CITGO
18
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA
2O
That the C~ty Manager ~s authorized to convey to V~rgima Electric and Power
21 Company a 200 square foot ubhty easement 5 feet ~n width and 40 feet in length in
2 2 accordance w~th Easement Agreement attached hereto
2 3 This ordinance shall be effecbve from the date of ~ts adoption
24 Adopted by the Council of the City of V~rg~n~a Beach, V~rgima, on the 12. day of
25
Nov~.mb~r , 2002
26
27
CA- 8614
PREPARED 10/23/02
28
Approved as to Content
30 ent of Public Works
Approved as to Legal
Sufficiency
City At~orney~
Prepared by VIRGINIA ELECTRIC AND POWER COMPANY
THIS AGREEMENT, made this ~-~~tay of ~~o~ , 20~
between THE CITY OF VIRGINIA BEACH, a Vn'glma municipal corporation,
hereinafter called "Owner", GRANTOR, and VIRGINIA ELECTRIC AND POWER
COMPANY, a Vtrginia Corporation, hereinafter called "Company", GRANTEE.
WITNESSETH:
That for the sum of One Dollar ($1.00), and other valuable considerations, the
receipt whereof is hereby acknowledged, Owner grants unto Company and its successors,
the perpetual right, privilege and easement of right of way five (5) feet in width by forty
(40) feet in length, approximately 200 square feet m area, to lay, construct, operate and
maintain one or more lines of underground conduits and cables, as Company may from
tune to time deem expedient or advisable, located on the right of way hereinafter
described, for the purpose of transmitting and distributing electric power by one or more
circuits; together with all wires, conduits, cables, transformers, transformer enclosures,
concrete pads, manholes handholes, connection boxes, ground connections meters,
attachments, equipment, accessories and appurtenances desirable in connection therewith
(hereinafter referred to as "facilities"), over, under, across and through certain lands of
Owner situated in The City of Virginia Beach, Virginia, as shown on plat number 25-02-
0176 showing a five (5) feet in width by forty (40) feet in length, approximately 200
square feet in area, easement to be acquired by Dominion Virginia Power from the City
of Virginia Beach. This easement ties into R/W 39227 (copy attached).
Owner also grants unto Company and its successors, the perpetual right, privilege
and easement of right of way five (5) feet in width and forty (40) feet in length,
approximately 200 square feet in area, to construct, operate and maintain a pole line for
transmitting and distributing electric power, including all wires, poles, attachments,
ground connections, equipment, accessories and appurtenances desirable in connection
therewith (hereinafter referred to as "facilities"), and lnclu&ng all telephone wires, over,
upon and across the land of Owner situated in the City of Virginia Beach, Virginia, as
shown on plat number 25-02-0176, hereto attached and made a part of this agreement; the
location of the boundary lines of said right of way being shown ~n broken lines on said
plat.
The facihties erected hereunder shall remain the property of Company. Company
shall have the right to inspect, rebuild, remove, repair, improve, relocate on the right of
way described above, and make such changes, alterations, substitutions, additions to or
extensions of its facilities as Company may from time to time deem advisable.
Company shall at all times have the right to keep the right of way clear of all
buildings, structures and other obstructions (except fences), trees, roots and undergrowth.
Company shall promptly remove from the right of way any trash or debris resulting from
the exercise of the rights hereby granted. All trees and hmbs cut by Company at any time
shall remain the property of Owner.
GPIN ]465-28-9376
For the purpose of constructing, inspecting, maintaining or operating ~ts facilities,
Company shall have the right of ingress to and egress from the fight of way over the
lands of Owner. Company shall exercise such right in such manner as shall occasion the
least practicable damage and inconvenience to Owner. Company shall repair damage to
roads, fences or other improvements and shall pay for all other damage when such
damage results from the construction, inspection or maintenance of Company's facilities,
provided Owner gives written notice thereof to Company within sixty (60) days after
such damage occurs.
Owner, its successors and assigns, may use the fight of way for any purpose not
inconsistent with rights hereby granted, provided such use does not interfere with or
endanger the construction, operation and maintenance of Company's facilities and
prowded that not buildings, structures, or other obstructions (except fences) may be
constructed on the right of way.
It is further understood and agreed between the parties that:
The rights granted herein to Company are non-exclusive and Owner shall at all
t~mes have the right to make or grant such other use of the easement area as shall not be
inconsistent with the exercise by Company of the rights and privileges granted to it
hereunder.
The easement hereby granted is subject to existing rights, if any, of third persons
to the extent that such rights are of record so as to constitute constructive notice to
Company.
If Company shall discontinue the use of the easement area all rights granted
hereby shall cease and terminate, and upon demand of Owner, Company will at its cost
and expense remove its facilities from the easement area and restore the land to
substantially the condition in which it was at the time when the easement was granted.
Upon demand by Owner, and upon the granting to Company of an equivalent
right of way in a reasonably practicable location, Company will, at its own expense,
relocate its facilities upon such right of way, whereupon all rights hereby granted in
respect of the vacated portion of the fight of way herein described shall cease and
terminate.
NOTICE TO LANDOWNER: You are conveying rights to a pubhc service corporation.
A public service corporation may have the right to obtain some or all of these fights
through exercise of eminent domain. To the extent that any of the rights being conveyed
are not subject to eminent domain, you have the fight to choose not to convey those rights
and you could not be compelled to do so. You have the right to negotiate compensation
for any rights that you are voluntarily conveying.
IN WITNESS WHEREOF, Grantor has caused its name to be signed hereto by its
C~ty Manager/Authorized Designee of the C~ty Manager and its corporate seal to be
affixed and attested by its ., as of the day and
year first above written, and Grantee has caused its name to be signed hereto by its Vice
President/Authorized Designee of the Vice President, as of the day and year first above
written.
THE CITY OF VIRGINIA BEACH
By:
City Manager/Authorized Designee
Of the City Manager
ATTEST:
VIRGINIA ELECTRIC AND POWER COMPANY
By: '~~~ .
Vice President/Authorized Designee
of the Vice President
STATE OF VIRGINIA
City of Virginia Beach, to wit:
I, , a Notary Public in and for the State of Vu'gmla at
Large, whose commission expires , do hereby certify that
and , whose names are
s~gned to the foregoing writing dated the day of
20 , as City Manger/Authorized Designee of the City Manager and City Clerk'
respectively, of The City of Vtrginia Beach, who are personally known to me or have
shown proper identification to prove their identity, have acknowledged the same before
me on this day of ., 20 , in the City and State aforesaid.
-APPROVED AS TO CO',,iTEN'i'
.~ . $IGI',tATU RE
DEPARTMENT
Notary
APPROVED AS TO
LEGAL SUFFICIENCY
STATE OF VIRGINIA
City of ~)C~K--kS~h~'X, to wit:
I ,~~ k'~ a No
~~a&.~ , [ag3' .Pu.b. lic in and for the State of Vn'ginia at
Large, whose.~ commission_ expires '~x\{b~ , do hereby certify that
~,,..~'4e.xN 1~. ~ , whose name is signed to the foregmng writing dated
the ~__~ day of ~~e.~ , 20~ as Vice President/Authorized
Designee of the Vice President of Virginia Electric and Power Company, has
acknowledged the same before me on this ~ day of ~ ,20~
in the City and State aforesaid.
Notary Pubhc
PARCEL B
(;PIN: 1465-28-9458
GPIN: 1465-28-9265
,~/ %~. //
. ~ .._,,,~~ // PARCEL C-1
~ ~5~" ..... //~[ (;PIN: 1465-58-0598
~' ~" EXHIBIT A
PROPERTY OF:
CITY OF VIRGINIA BEACH
INITIALS'
5'W X 4-O'L 200 SQUARE FEET IN
AREA TO BE ACQUIRED FROM THE
CITY OF VIRGINIA BEACH
MB. 0171 P. 54
Legend
Locabon of Boundary Lines of R~ght-of-Way
5' X 40'
Page 5 of 5
Plat to Accompany
Right-of-Way Agreement
VIRGINIA ELECTRIC AND POWER COMPANY
doing business as
Dominion Virginia Power OH/U(;
District
VA BEACH
District-Township-Borough County-City State
KEMPSVILLE VA BEACH VA
Office Plat Number
VA BEACH 85-08-0176
Estimate Number Grid Number
5119548 N0714
Dote By
M/L
208V 3~
200A
PS 1
N0714 SE05
300kVA 3~
208V
INS: LT340
EXHIBIT "B"
CONSTRUCTION PLAT
Voltage:208 Amps: 200 Phase: 5 Drawn By: PROCH IPhone No.: 671--5412
Est. Demand: 29 IVoltage Drop: <3% Tax DSstrict: 23000 I M!ss "U" 552-7001
Fault Current: 10656 S.A. Flicker:. Easement No.: 25-02-0176
Tele. Co.~ Sponsor: Address: 5337 INDIAN RIVER RD.
Tele. Eng: IPhone No.: VA BEACH, VA
TRS. ~ 395 F 25 ~Substation: THOMPSONS CRNR Work Request ~ 5119548 IDote 8/27/02
....
CITY-OWNED PROPERTY
LOCATED OFF OF INDIAN RIVER ROAD AND LILA LANE
Picture #1
View of City site facing
northeast.
Picture #2
View of City site facing
northwest.
See location map for direction of pictures
SITE
j/
LOCATION MAP SCALE: 1" = 1,600' /,,,~ /
·
PUMP. DGN MJ.S.
GPIN
465.28.9376 PROPOI
- ~ ~ 5'x40'
~ 1U~~ ..~ EASEMENT
E-~CATION MAP
SHOWING
CITY OWNED
PROPERTY AT REAR OF
33 7 INDIAN RIVER ROAD
PREPARED BY P/W ENG. CADD DEPT.
OCTOBER 24, 2002
- 33 -
Item V-L3. a.
ORDINANCES/RES OL UTIONS
ITEM # 50402
Upon motton by Councdman Jones, seconded by Counctl Lady Wdson, Ctty Counctl ADOPTED:
Ordtnance to AUTHORIZE temporary encroachments tnto porttons of
Ctty-owned properttes
a Sandbrtdge Shores by JULIO and EBBIE CABRAL construct
a new pier and access to replace a deteriorated structure at
2864 Bluebdl Drtve
(DISTRICT 7 - PRINCESS ANNE)
The followtng conchttons shall be required
The temporary encroachment wtll be constructed and matntatned
tn accordance with the laws of the Commonwealth of Vtrgtnta
and the Ctty of Vtrgmta Beach, and tn accordance wtth the Ctty's
spectficattons and approval
The temporary encroachment shall termtnate upon nottce by Ctty
to the Grantee, and that wtthtn thtrty (30) days after the nottce ts
gtven the temporary encroachment must be removed from the
encroachment area by the Grantee, and that the Grantee will
bear all costs and expense of such removal
The apphcant shall tndemntfy and hold harmless the Ctty, tts
agents and employees, from and agamst all clatms, damages,
losses and expenses, tncluchng reasonable attorney's fees, tn case
tt shall be necessary to file or defend an actton artstng out of the
locatton or existence of the temporary encroachment
Nothtng heretn contatned shall be construed to enlarge the
permtsston and authority to permtt the matntenance or
construction of any encroachment other than that specified
heretn and to the hmtted extent spectfied heretn, nor to permtt
the maintenance and construction of any encroachment by any
one other than the Grantee
5 The apphcant agrees to matntatn the temporary encroachment so
as not to become unsightly or a hazard
The apphcant shall obtatn a permtt from the Waterfront
Operattons Dtvtston of the Planntng Department prtor to
commenctng any constructton wtthtn the encroachment area
The apphcant must obtatn an approved Jotnt Permtt Apphcatton
from the Waterfront Operattons Dtvtston of the Planntng
Department before commencing any constructton wtthtn the
encroachment area
The apphcant shall obtain and keep tn force all-rtsk property
msurance and general habthty msurance or such tnsurance as
ts deemed necessary by the City, and all tnsurance pohctes must
name the Ctty as addtttonal named tnsured or loss payee, as
apphcable The Grantee also agrees to carry comprehenstve
general habthty insurance tn an amount not less than
$500,000 00, combtned stngle hmtts of such tnsurance pohcy or
pohctes The Grantee wtll provide endorsements provtchng at
least thtrty (30) days written nottce to the Ctty prtor to the
cancellatton or termtnatton of, or matertal change to, and of the
tnsurancepohctes The Grantee assumes all responstbthttes and
habthttes, vested or conttngent, wtth relatton to the temporary
encroachment
November 12, 2002
- 34-
Item V-I.3. a.
ORDINANCES/RESOLUTIONS ITEM # 50402 (Continued)
9 The apphcant must conform to the mtntmum setback
reqmrements as estabhshed by the Ctty
10
The apphcant must submtt, for revtew and approval, a survey of
the encroachment area certtfied by a registered professtonal
engineer or a hcensed land surveyor, and/or "as butlt" plans of
the temporary encroachment sealed by a regtstered professtonal
engtneer, tf requtred by etther the Ctty Engtneer's Office or the
Engtneertng Dtvtston of the Department of Pubhc Utthttes
11
The Ctty, upon revocation of such authortty and permtsston so
granted, may remove the temporary encroachment and charge
the cost thereof to the Grantee and collect the cost tn any manner
provtded by law for the collectton of local or state taxes, may
reqmre the Grantee to remove the temporary encroachment and,
pending such, removal, the Ctty may charge the Grantee for the
use of the encroachment area the equtvalent of what would be the
real property tax upon the land so occupted tf tt were owned by
the Grantee, and, tf such removal shall not be made wtthtn the
ttme ordered heretnabove by thts Agreement, the City may
tmpose a penalty tn the sum of One Hundred Dollars ($100 00)
per day for each and every day that the temporary encroachment
ts allowed to conttnue thereafter, and may collect such
compensatton and penalties tn any manner provtded by law for
the collectton of local or state taxes
Vottng 10-0 (By ConsenO
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox,
Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A
Vtllanueva, Rosemary Wilson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
November 12, 2002
10
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13
14
15
16
17
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19
20
21
22
23
24
25
26
27
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE A
TEMPORARY ENCROACHMENT INTO A
PORTION OF THE CITY'S PROPERTY KNOWN
AS BASS INLET EAST BY JULIO CABRAL
AND DEBBIE CABRAL, THEIR HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE
WHEREAS, JULIO CABRAL and DEBBIE CABRAL, desire to
construct and maintain a pier and access upon the City's property
located at Bass Inlet East in Sandbridge Shores.
WHEREAS, City Council is authorized pursuant to §§ 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
authorize a temporary encroachment upon the City's property subject
to such terms and conditions as Council may prescribe.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as
amended, JULIO CABRAL and DEBBIE CABRAL, their heirs, assigns and
successors in title, are authorized to construct and maintain a
temporary encroachment for a pier and access upon the City's
property as shown on that certain plat entitled: "PROPOSED PIER IN
NORTH BAY (SANDBRIDGE) VIRGINIA BEACH, VA. APPLICANT: JULIO
CABRAL", a copy of which is on file in the Department of Public
Works to which reference is made for a more particular description;
and
BE IT FURTHER ORDAINED, that the temporary encroachment
is expressly subject to those terms, conditions and criteria
contained in the Agreement between the City of Virginia Beach and
II II
JULIO CABRAL and DEBBIE CABRAL (the Agreement ), which is attached
hereto and incorporated by reference; and
BE IT FURTHER ORDAINED, that the City Manager or his
authorized designee is hereby authorized to execute the Agreement.
BE IT FURTHER ORDAINED, that this Ordinance shall not be
in effect until such time as JULIO CABRAL and DEBBIE CABRAL and the
City Manager or his authorized designee execute the Agreement.
37
38
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 12 day of November , 2002.
39
40
41
42
CA#-
TKENN\ENCROACH\CABRAL-B ORD
R-1
PREPARED: 8/20/02
APPRaiSED AS TO CONTENTS
c./ SIGNATURE
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND
CITY ATTO~N E'Y
LOCATION MAP SCALE: 1" =. 1,600'
·
·
·
\
R/W
LOCATION
MAP
FOR
ENCROACHMENT FOR
JULIO AND DEBBIE CABRAL
2864 BLUEBILL DRIVE
SCALE: 1" = 100'
PREPARED BY PAN ENG. DRAFT. Of--AUG-2002
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES UNDER
SECTIONS 58.1-811 (a)(3) AND 58 1-811 (c)(4)
REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT made this ~ ~' ~ ~%~ ~
, day of ~ ° ,
20C~, by and between the CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia, the "City", Grantor,
and JULIO CABk%L and DEBBIE CABRAL. his wife, THEIR HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE, the "Grantee" (even if more than
one) .
WI TNE S SETH:
WHEREAS, the Grantee is the owner of that certain lot,
tract or parcel of land designated and described as: Lot 18, in
Sandbridge Shores, Section iA, South Area (M.B. 72, at Page 2),
and being further designated and described as 2864 Bluebill
Drive, Virginia Beach, VA 23456; and
WHEREAS, it is proposed by the Grantee to construct and
maintain a pier and access, a "Temporary Encroachment" in the
City of xTirginia Beach; mmd
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a
portion of an existing City property known as Bass Inlet East,
the "Encroachment Area", and the Grantee has requested that the
City permit a Temporary Encroachment within the Encroachment
Area.
GPIN: 2433-34-1950
NOW, THEREFORE, for and in consideration of the premises
and of the benefits accruing or to accrue to the Grantee, and for
the further consideration of One Dollar ($1.00) in hand paid to
the City, receipt of which is hereby acknowledged, the City doth
grant to the Grantee permission to use the Encroachment Area for
the purpose of constructing and maintaining a Temporary
Encroachment.
It is expressly understood and agreed that the Temporary
Encroachment will be constructed and maintained in accordance
with the laws of the Commonwealth of Virginia and the City of
virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to-
wit:
A Temporary Encroachment into the Encroachment
Area as shown on that certain plat entitled:
"PROPOSED PIER IN NORTH BAY (SANDBRIDGE)
VIRGINIA BEACH, VA. APPLICANT: JULIO CABRAL",
Dated: 4/8/02, a copy of which is attached
hereto as Exhibit "A" to which reference is
made for a more particular description.
It is further expressly understood and agreed that the
Temporary Encroachment herein authorized shall terminate upon
notice by the City to the Grantee, and that within thirty (30)
days after the notice is given the Temporary Encroachment must be
removed from the Encroachment Area by the Grantee, and that the
Grantee will bear all costs and expenses of such removal.
It is further expressly understood and agreed that the
Grantee shall indemnify and hold harmless the City, its agents
and employees, from and against all claims, damages, losses and
expenses, including reasonable attorney's fees, in case it shall
be necessary to file or defend an action arising out of the
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge the
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the Grantee.
It is further expressly understood and agreed that the
Grantee agrees to maintain the Temporary Encroachment so as not
to become unsightly or a hazard.
It is further expressly understood and agreed that the
Grantee must obtain a permit from the Waterfront Operations
Division of the Planning Department prior to commencing any
construction within the Encroachment Area.
It is further expressly understood and agreed that the
Grantee must obtain an approved Joint Permit Application from the
Waterfront Operations Division of the ~anning Department before'
commencing any construction within the Encroachment Area.
It is further expressly understood and agreed that the
Grantee must obtain and keep in force all-risk property insurance
and general liability insurance, or such insurance as is deemed
necessary by the City, and all insurance policies must name the
City as additional named insured or loss payee, as applicable.
The Grantee also agrees to carry comprehensive general liability
insurance in an amount not less than $500,000.00, combined single
limits of such insurance policy or policies. The Grantee will
provide endorsements providing at least thirty (30) days written
notice to the City prior to the cancellation or termination of,
or material change to, any of the insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the Temporary Encroachment.
It is further expressly understood and agreed that the
Temporary Encroachment must conform to the minimum setback
requirements as established by the City.
It is further expressly understood and agreed that the
Grantee must submit, for review and approval, a survey of the
Encroachment Area certified by a registered professional engineer
or a licensed land surveyor, and/or "as built" plans of the
Temporary Encroachment sealed by a registered professional
engineer, if required by either the City Engineer's Office or the
Engineering Division of the Department of Public Utilities.
It is further expressly understood and agreed that the
City, upon revocation of such authority and permission so
granted, may remove ~he Temporary Encroachmen~ and charge the
cost thereof to the Grantee and collect the cost in any manner
provided by law for the collection of local or state taxes; may
require the Grantee to remove the Temporary Encroachment and,
pending such removal, the City may charge the Grantee for the use
of the Encroachment Area the equivalent of what would be the real
property tax upon the land so occupied if it were owned by the
Grantee; and, if such removal shall not be made within the time
ordered hereinabove by this Agreement, the City may impose a
penalty in the sum of One Hundred Dollars ($100.00) per day for
each and every day that the Temporary Encroachment is allowed to
continue thereafter, and may collect such compensation and
penalties in any manner provided by law for the collection of
local or state taxes.
IN WITNESS WHEREOF, JULIO CABRAL and DEBBIE CABRAL, his
wife, the said Grantee has caused this Agreement to be executed
by their signatures and seals duly affixed. Further, that the
City of Virginia Beach has caused this Agreement to be executed
in its name and on its behalf by its City Manager and its seal be
hereunto affixed and attested by its city Clerk.
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
( SEAL )
ATTEST:
City Clerk
(SEAL)
Debbie Cabral
( SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this day of , 20 , by
, city Manager/Authorized
Designee of the City Manager, on behalf of the CITY OF VIRGINIA
BEACH.
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this day of , 20 , by
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH.
Notary Public
My Commission Expires:
The foregoing instrument was acknowledged before me
this ;L~ day of ~UC~3~ , 20~_~__, by
JULIO CABRAL and DEBBIE CABRAL, his wife.
My Commission Expires:
Notary Pu-b-1 ic
?
/
6~5'TO TUNA LANE
EX.D~TERIORATED PiER
(TO SE RE.YEa & DISPOSED . PROPOSED PIER
OF OFF SITE INALAWFUL.ANNER) ~ (6'WIDE X2q°LONGI
8ASS INLET (EASI) ~
CANAL ~ ~
75'WIDE a .Lw , ~ ~ I , OFF PL
~,o°~s'E,oo, '~ ~ ..... FI ~ , I J '
..... ~.--~- _~...-~- -.~Y~-.. -..-. ~- ~', ....
~ """ ~'~ ~c.+3.8'*-~ // '~
' L~ I
J J PRIED ACCESS P,ER 7 J
POOL
STAIRS
DECK OVER
2-STORY FRAHE
ON PILING
NIO°q)'V 100.00'
BLUEBIL~ DRIVE 50'RW
PLOT PLAN 1"-~0'
EL.+5.0'
PURPOSE: FLOORINGS
DATUN: l~l.W I '0.q'
PROPERTY OWNER
JULiO CABRAL
5057 CrTTt. E ISLAND RD
VIRGINIA BEACH,VA.2)q56
APPLICANT:
JULIO CABRAL
285q 8LUEBILLE DRIVE
VIRGINIA BEACH,VA. 2~56
AGENT: KEN THaPIPSON
)705 mOSUN D.[vE
C~ESAi~A~E,VA.2~21
VICINITY MAP
[. SWANE]I
NC).
05478
LOT lB SANDBRIDGE SHORES
SECT. ~-A SOUTH AREA
HB 72,PG 2
PROPOSED PIER
IN NORTH BAY (SANDBRIDGE)
VIRGINIA BEACH,VA.
APPLICANT: dULIO CABRAL
SHEET 1 OF 2
2864 Blucbdl Dr.
Looking North
Shows old pier (to be removed) and
location of new pier w/access plus
bulkhead on adjacent property
2864 Bluebill Dr
Looking South
Shows old pier (to be removed) and
location of new pier with access
Plus piers on adjacent properties
Item V-I. 3. b.
- 35-
ORDINANCES/RES OL UTIONS
ITEM ii 50403
Upon motton by Counctlman Jones, seconded by Counctl Lady Wtlson, City Councd ADOPTED:
Or&nance to AUTHORIZE temporary encroachment tnto porttons of Ctty-
owned properttes
Back Bay Meadows by JOHN E. and AUDREY D. SETTLE
construct and maintain a wharf at 2957 Sand Bend Road
(DISTRICT 7 - PRINCESS ANNE)
The followtng condtttons shall be requtred'
The temporary encroachment wtll be constructed and matntained
tn accordance wtth the laws of the Commonwealth of Virgtnta
and the Ctty of Vtrgmta Beach, and tn accordance wtth the Ctty's
spectficattons and approval
The temporary encroachment shall terminate upon nottce by Ctty
to the Grantee, and that wtthtn thtrty (30) days after the notice ts
given, the temporary encroachment must be removed from the
encroachment area by the Grantee, and that the Grantee wtll
bear all costs and expense of such removal
The apphcant shall tndemntfy and hold harmless the Ctty, tts
agents and employees, from and against all claims, damages,
losses and expenses, tncluchng reasonable attorney's fees, tn case
tt shall be necessary to file or defend an actton artstng out of the
locatton or existence of the temporary encroachment
The apphcant must obtatn a permtt from the offtce of
Development Servtces Center/Planntng Department prtor to
commenctng any constructton wtthtn the encroachment area
Nothing heretn contatned shall be construed to enlarge the
permtsston and authortty to permtt the matntenance or
constructton of any encroachment other than that spectfied
hereto and to the hmtted extent spectfied heretn, nor to permtt
the matntenance and constructton of any encroachment by any
one other than the Grantee
6 The apphcant agrees to matntatn the temporary encroachment so
as not to become unstghtly or a hazard
The apphcant shall obtatn and keep tn force all-rtsk property
tnsurance and general habthty tnsurance or such insurance as
ts deemed necessary by the City, and all tnsurance pohctes must
name the Ctty as addtttonal named tnsured or loss payee, as
applicable The Grantee also agrees to carry comprehensive
general ltabthty insurance tn an amount not less than
$500,000 00, combtned stngle hmtts of such tnsurance pohcy or
pohctes The Grantee wtll provide endorsements provtchng at
least thtrty (30) days wrttten nottce to the Ctty prtor to the
cancellatton or termmatton of or matertal change to, and of the
msurancepohctes The Grantee assumes all responstbthttes and
habthttes, vested or conttngent, wtth relatton to the temporary
encroachment
November 12, 2002
Item V-I. 3. b.
- 36-
ORDINANCES/RESOLUTIONS ITEM # 50403 (Continued)
The Ctty, upon revocation of such authortty and permtsston so
granted, may remove the temporary encroachment and charge
the cost thereof to the Grantee and collect the cost tn any manner
provtded by law for the collectton of local or state taxes, may
requtre the Grantee to remove the temporary encroachment and,
penchng such, removal, the Ctty may charge the Grantee for the
use of the encroachment area the equtvalent of what would be the
real property tax upon the land so occupted tf tt were owned by
the Grantee, and, tf such removal shall not be made wtthtn the
ttme ordered heretnabove by thts Agreement, the City may
impose a penalty tn the sum of One Hundred Dollars ($I00 00)
per day for each and every day that the temporary encroachment
ts allowed to conttnue thereafter, and may collect such
compensation and penalttes tn any manner provided by law for
the collectton of local or state taxes
Vottng 10-0 (By Consent)
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, RtchardA Maddox,,
Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A
Vtllanueva, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
November 12, 2002
Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
A TEMPORARY
ENCROACHMENT INTO A
PORTION OF CITY PROPERTY
BY JOHN E. SETTLE, JR. AND
AUDREY D SETTLE, THEIR
HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE
l0
WHEREAS, John E. Settle, Jr. and Audrey D. Settle desires to construct and
l l maintain a wharf upon a city waterway known as Mill Creek.
12
WHEREAS, C~ty Council is authorized pursuant to §§ 15.2-2009 and 15 2-
13
2107, Code of Virginia, 1950, as amended, to authorize tem.porary encroachments upon
the City's property subject to such terms and cond~bons as Council may prescribe
15
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
l?
That pursuant to the authority and to the extent thereof contained in §§ 15 2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended, John E. Settle, Jr. and Audrey
D. Settle their heirs, assigns and successors ~n btle are authorized to construct and
20 maintain a temporary encroachment for a wharf in the City's waterway as shown on the
map entitled: "Plat Showing Encroachment of Wharf in Mill Creek for Audrey & John Settle
22 at 2957 Sand Bend Road" a copy ofwh~ch ~s on file in the Department of Public Works and
23 to which reference ~s made for a more particular descnpbon; and
24
BE IT FURTHER ORDAINED, that the temporary encroachments are
25 expressly subject to those terms, conditions and criteria contained in the Agreement
between the C~ty of V~rg~n~a Beach and John E. Settle, Jr. and Audrey D. Settle (the
"Agreement"), which ~s attached hereto and incorporated by reference; and
28
BE IT FURTHER ORDAINED, that the City Manager or his authorized
designee ~s hereby authorized to execute the Agreement; and
3O
BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
such bme as John E. Settle, Jr. and Audrey D. Settle and the C~ty Manager or h~s
32 authorized designee execute the Agreement.
33
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35
36
37
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4O
Adopted by the Council of the C~ty of Virginia Beach, Virginia, on the 1 2
day of November , 2002
A/~~:%VED AS TO CONTENTS
DEPARTMENT
41
42
43
44
45
46
CA-
PREPARED October 24, 2002
APPROVED AS TO LEGAL
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58 1-81 l(a)(3)
AND 58 1-811 (c)(4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this ff~t~4 day of
, 20c9,.d~, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City",
and JOHN E. JR and AUDREY D SETTLE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN
TITLE, "Grantee", even though more than one.
WITNESSETH'
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land
designated and described as "SEC 3 LOT 75 BACK BAY MEADOWS" and being further
designated and described as 2957 Sand Bend Road, Virginia Beach, Virginia 23456;
WHEREAS, it is proposed by the Grantee to construct and maintain a 12' x 24'
replacement wharf, "Temporary Encroachment", in the City of Virginia Beach;
WHEREAS, in constructing and maintaining the Temporary Encroachment, it IS
necessary that the Grantee encroach into a portion of an existing city's waterway known as North
Bay Inlet "The Temporary Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within The Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1 00), in hand
paid to the City, receipt of which 1S hereby acknowledged, the City doth grant to the Grantee
permission to use The Encroachment Area for the purpose of constructing and malntalmng the
GPIN 2433-33-3019
Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of Vlrglma and the
City of Virginia Beach, and in accordance with the City's specfficatlons and approval and is more
particularly described as follows, to wit
A Temporary Encroachment into The Encroachment
Area as shown on that certain plat entitled "Plat
Showing Encroachment of Wharf in Mill Creek tbr
Audrey & John Settle at 2957 Sand Bend Road" a
copy of which is attached hereto as Exhibit "A" and to
which reference is made for a more particular
description.
It is further expressly understood and agreed that the Temporary Encroachment herein
authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after
the notice is given, the Temporary Encroachment must be removed from The Encroachment Area
by the Grantee; and that the Grantee will bear all costs and expenses of such removal
It is further expressly understood and agreed that the Grantee shall indemnify and hold
harmless the City, its agents and employees, from and against all claims, damages, losses and
expenses ~nclud~ng reasonable attorney's fees ~n case ~t shall be necessary to file or defend an action
arising out of the location or existence of the Temporary Encroachment.
It ~s further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Development Serwces Center/Planning Department prior to commencing any
construction within The Encroachment Area.
It is further expressly understood and agreed that nothing herein contained shall be i
construed to enlarge the permission and authority to permit the maintenance or construction of any
'1
2
encroachment other than that specified herein and to the limited extent specified herein, nor to
permit the maintenance and construction of any encroachment by anyone other than the Grantee
It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard
It is further expressly understood and agreed that the Grantee must obtain and keep
force all-risk property insurance and general liability or such insurance as is deemed necessary
by the City, and all insurance policies must name the City as additional named insured or loss
payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance
in an amount not less than $500,000.00, combined single limits of such insurance policy or policies.
The Grantee will provide endorsements providing at least thirty (30) days written notice to the City
prior to the cancellation or termination of, or material change to, any of the insurance pohcles The
Grantee assumes all responslbdlt~es and habdltles, vested or contingent, with relation to the
Temporary Encroachment
It is further expressly understood and agreed that the Temporary Encroachment must
conform to the minimum setbacks requirements, as established by the City.
It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and charge the cost
thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local
or state taxes, may require the Grantee to remove the Temporary Encroachment; and pending such
removal, the City may charge the Grantee for the use of The Encroachment Area, the eqmvalent of
what would be the real property tax upon the land so occupied if it were owned by the Grantee, and
if such removal shall not be made within the time ordered herein above by this Agreement, the C~ty
may impose a penalty ~n the sum of One Hundred Dollars ($100.00) per day for each and every day
that the Temporary Encroachment is allowed to continue thereafter, and may collect such
compensation and penalties in any manner provided by law for the collection of local or state taxes
IN WITNESS WHEREOF, John E Jr. and Audrey D Settle, the said Grantee has caused this
Agreement to be executed by his/their/her signature and seal duly affixed Further, that the City of
Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City
Manager and its seal be hereunto affixed and attested by Its City Clerk.
CITY OF VIRGINIA BEACH
(SEAL)
ATTEST
By
City Manager/Authorized
Designee of the City Manager
City Clerk
Settle, Jr
~(U~-~y~]~;rS ettle
CITY/COUNTY OF
The foregmng ~nstrument was acknowledged before me this
, 20 0____~, by JOHN E SETTLE, JR
i(
Notary Public
My Commission Expires'
STATE OF
CITY/COUNTY OF 19-,i ~[,~.-~.~-~k._ , to-wit
The foregmng instrument was acknowledged before me th~s
day of
:1
day of '
,20o-L, by AUDREY D. SETTLE.
My Commission Expires.
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-w~t
Notary Pubhc
DESIGNEE OF THE CITY MANAGER
The foregmng ~nstrument was acknowledged before me this day of
,20 , by , CITY MANAGER/AUTHORIZED
Notary Pubhc
My Commission Expires
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing Instrument was acknowledged before me this ~
day of
,20 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
My Commlss~on Expires'
Notary Public
APPROVED AS TO
LEGAL SUFFICIENCY
CITY ATt;~EY
APPROVED AS TO CONTENT
~ITY REAL ESTATE AGENT
Rev 10-09-02
Construction Sequence
1- Exm,ng res~dentml structure/drives to be demolished
2- Exsst,ng bulkhead/wharf to be demolished
3 - Filter Fence adjacent property hnes
4 - Complete bulkhead restoratton/wharf/ramp '
5 - Filter fence Seed/straw cover enure rear alignment
6 - lmtmte constructmn of new residence
rFLOOD ~BB-'~
IY
C~ty of. Vzrgmza Beach
NORTH BAY INLET - MILL CREEK
,~-"' Wharf 12' x 24'
~ I00'
Repl
Jet Skz Lift Pde (Replacement)
8" d,a, x 20', 2 5 pcf- CCA
Top elevatmn - As per I,ft m£g Req'mt
(Dr,~ven to 6' below mud llne -mm )
l,~th - ~HW-MHW - 500+'
"~ ] 0' RetuTM "r-- ~4i-tw
I I I' .... 1 LJm~tofFfll-lO'
12' , J~ ~ To be Demolished
'
· . .. -;J .,
JUL o 1 g00Z , , ~ To be DemoXxshca,_~ [l
.. ~ ~ ,~ .-~ u .'.,'
', ..... , ~ /~J1
460 ~7~'
Scale 1" = 30'
Adjacent
Phelps, Gerald &Beverly
S lO° 54 E
2 3 2002
Wo:~d Fenc~
T'~st ( F) ,~,
4 7'0
~72 fdoe ~ ~:~vemem
SAND BEND ROAD (50' R/W)
- Adjacent Property Owners
- E. Falcon KnJght
- Gerald & Beverly Phelps
Exhibit A
Plat Showing Encroachment
of Wharf m Mdl Creek
for Audrey & John Settle
at 2957' Sand Bend Road
Mill Crk. (Tnb. to Back Bay)
Location: Sandbr~dge Beh, Va Bch
VA
-kpplJcant: Audrey &John Settle
Date: July 20.2002
SITE
LOCATION MAP
SCALE: 1" = 1,600'
CVB
J
R/W
lee
LOCATION
FOR
MAP
ENCROACHMENT AT
2957 SAND BEND ROAD
GPIN 2433-33-3019
SCALE: 1" = 100'
/
SAND BEND RD.DGN M.J.S. PREPARED BY PAN ENG. CADD DEPT. 26-SEP-2002
Property with wharf proposed to be
replaced
Property across canal from owned
property
Property adjacent to the north
Property adjacent to the south
-37-
Item V=I. 4.
ORDINANCES/RESOL UTIONS
ITEM # 50404
Upon motton by Counctlman Jones, seconded by Councd Lady Wdson, Ctty Councd ADOPTED:
Ordinance to AUTHORIZE acquisition of temporary and permanent
easements for the PEMBROKE MANOR storm water upgrade at
Independence Boulevard and Jeanne Street, by agreement or
condemnatton
Vottng. 10-0 (By Consent)
Councd Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox,,
Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A
Vdlanueva, Rosemary Wdson and James L Wood
Councd Members Vottng Nay
None
Councd Members Absent.
None
November 12, 2002
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
AN ORDINANCE TO AUTHORIZE ACQUISITION OF TEMPORARY AND
PERMANENT EASEMENTS FOR
PEMBROKE MANOR STORM WATER UPGRADE, (CIP 7-063.017),
EITHER BY AGREEMENT OR CONDEMNATION
WItE~AS, in the opimon of the Council of the City of Virginia Beach, Virginia,
a pubhc necessity exists for the constmcnon of this nnportant storm water project and
improvements to provide adequate drainage for the preservation of the safety, health, peace,
good order, comfort, convenience, and for the welfare of the people in the City of Virginia
Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Council authorizes the acquimtion by purchase or
condemnation pursuant to Sections 15.2-1901, et seq., Code of Virginia of 1950, as
amended, of all those certain temporary and permanent easements (collectively the
"Easements") as shown as a part of the project plans entitled "Pembroke Storm Water
Upgrade, CIP 7-063.017" (the "Project"), and more specifically described on the acquisition
plats for the Project (collectively the "Plans"), the Plans being on file in the Eng4neering
Division, Department of Public Works, City of Virginia Beach, Virginia.
Section 2. That the City Manager is hereby authorized to make or cause to be made
on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable
offer to the owners or persons having an interest in the Easements. If refused, the City
Attorney is hereby authorized to institute proceedings to condemn the Easements.
Adopted by the Council of the City o£ Virginia Beach, Virginia, on the 1 2 day
of November ,2002
AP/P~OVED AS TO CONTENTS
~// SIGNATURE
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
CI~'~ATYOi~NE V
IRGINIA 8EACH ~LVD
LOCATION MAP
SCALE: 1" B 1,600'
PROPERTIES WITH
PROPOSED TEMPORARY
CONSTRUCTION EASEMENTS
AND DRAINAGE EASEMENTS
lee
PEMBROKE
LOCATIONMAP " '
·
FOR '"
MAN 0 R
STORM WATER UPGRADE
EMENT
SCALE: 1" -- 100'
..-
/-
./
PEMBROKE MANOR. DGN M.J.S. PREPARED BY P/W ENG. CADD DEPT. OCT. 31, 2002
- 38 -
Item V-I.$.
ORDINANCES/RES OL UTIONS
ITEM # 50405
Upon motton by Counctlman Jones, seconded by Councd Lady Wdson, Ctty Councd ADOPTED, AS
AMENDED:
Or&nance to AUTHORIZE the Memorandum of Understandtng and
Operating Agreement between the Ctty and VIRGINIA MUSEUM of
MARINE SCIENCE FO UNDA TION
Agreement shall be amended to tnclude the document shall be reviewed by City Council everyfive (5) years
Votmg 10-0 (By ConsenO
Counctl Members Vottng Aye
Margaret L Eure, Louis R Jones, Reba S McClanan, Rtchard A Maddox,,
Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A
Vtllanueva, Rosemary Wtlson and James L Wood
Council Members Voting Nay
None
Council Members Absent
None
November 12, 2002
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING AND AN OPERATING
AGREEMENT BETWEEN THE CITY AND THE
VIRGINIA MUSEUM OF MARINE SCIENCE
FOUNDATION
WHEREAS, the City of Virginia Beach (the "City") is owner and operator of the
buildings, grounds and related facilities located in the City of Virgima Beach, known as the V~rginia
Marine Science Museum (the "Museum");
WHEREAS, on October 29, 1981, prior to the construction of the Museum, the
:1. 2 Virginia Museum of Marine Science Foundation ( the "Foundation") was organized and chartered
21. 3 as a private, non-stock, corporation under the prowsions of Chapter 2, Title 13.1 of the Code of
:1_4 V~rginia (1950), as amended, with a tax exempt status under section 501(c) (3) of the Intemal
Revenue Code;
16
WHEREAS, the Foundation was formed and has functioned for many years for the
:1. 7 purpose of: (i) supporting the Museum and its programs; (ii) acquiring, leasing or holding real estate
:1_ 8 necessary for the purposes of the Museum; (in) assisting in the ~dentification, acquisition and
construction of exhibits; (iv) providing financial support;(v) receiving gifts, bequests, monies, bonds,
2 0 grants, scientific equipment and objects of art in support of the Museum, and (vi) increasing public
2:1. knowledge of Virginia's unique marine environment, and
22
WHEREAS, the Foundation and the City wish to assure the continued success and
2 3 prosperous growth of the Museum in the future by memorializing their long-standing relationship
2 4 and their respective responsibilities as they relate to certain operational activities in a Memorandum
2 5 of Understanding and an Operating Agreement.
26
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
2 ? VIRGINIA BEACH, VIRGINIA'
28
That the City Manager is hereby authorized to execute the Memorandum of
2 9 Agreement and the Operating Agreement between the City and the V~rginia Museum of Marine
3o
Science Foundation in substannally the same form as attached hereto.
3:1. Adopted by the Council of the City of Virginia Beach, Virgima, on the 1 2 day of
32 Novmmbmr ,2002.
CA- ,~'~
C LDocuments and Settlngs\dcwhlt¢\Local Scttmgs\Temp\vmsm ord wpd
R-I
10/23/02
APPROVED AS TO CONTENT
Dep~rtment df Museums &
Cultural Arts
APPROVED AS TO LEGAL
SUFFICIENCY
Department of Law
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF VIRGINIA BEACH
AND THE VIRGINIA MUSEUM OF MARINE SCIENCE FOUNDATION
THIS MEMORANDUM OF UNDERSTANDING ("MOU")executed this day of
, 2002, memorializes the working relationship between the CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia (the "City"), and the VIRGINIA
MUSEUM OF MARINE SCIENCE FOUNDATION, INC., a private, non-stock Virginia
corporation, (the "Foundation")
1 The City ~s owner and operator ofthe buildings, grounds and related facdit~es located
in the City of Virginia Beach, known as the Virginia Marine Science Museum (the "Museum")
2. On October 29, 1981, prior to the construction of the Museum, the Foundation was
organized and chartered as a private, non-stock, corporation under the provisions of Chapter 2, Title
13.1 of the Code of Virginia (1950), as amended, with a tax exempt status under section 501(c) (3)
of the Internal Revenue Code.
3 The Foundation was formed and has functioned for many years for the purpose of'
0) supporting the Museum and its programs; (ii) acquiring, leasing or holding real estate necessary
for the purposes of the Museum; (iii) assisting in the identification, acquisition and construction of
exhibits, (iv) providing financial support,(v) receiving gifts, bequests, monies, bonds, grants,
scientific equipment and objects of art in support of the Museum; and (vi) increasing public
knowledge of Virginia's unique marine environment.
4. The Foundation is governed by an independently elected Board of Directors, none of
whom are employees of the City
5. The City operates and maintains the Museum and repairs, and as necessary, replaces
at its sole expense, any item, facility, or portion of the building occupied bythe Museum which was
part of the original capital improvement project to construct the buildings which constitute the
Museum In addition, the City provides or pays the cost of routine repair and maintenance of all
Museum exhibits up to an amount not to exceed Two Thousand Five Hundred ($2,500) Dollars for
any single repair or replacement. The Foundation pays for repair, maintenance or replacement
applicable to any single permanent exhibit which exceeds Two Thousand Five Hundred ($2,500)
Dollars in cost.
6 The Foundation owns all of the animals acquired for the Museum and all permanent
exhibits located in the Museum which have been constructed, funded or purchased by the
Foundation.
7. The Foundation provides the funds necessary for programmed upgrading of
permanent exhibits, for the acquisition of new animals, for the acquisition and display of temporary
exhibits and for the acquisition, construction and installation of new permanent exhibits. In the
event the Foundation dissolves, becomes inactive, or discontinues its active ~ support of the
Museum, all of the exhibits, including the animals owned bythe Foundation and all monies pledged
or dedicated to the Museum for any existing project shall become the property of the City, and shall
be used by the City for the purpose for which they were pledged or dedicated.
8. In return for the Foundation's contributions to and support of the Museum and its
programs, the City provides the Foundation with designated office space in the Museum, and with
filing cabinets, desks, and other office supplies and equipment, including use of computers owned
by the City. The City also provides the Foundation, through City employees working at the Museum,
with administrative, accounting and financial services.
9. All Foundation correspondence, minutes, financial and other records and documents
will be maintained and stored separate and apart from all City records, and will be clearly identified
as property of the Foundation.
10. The City provides insurance coverage for the Museum which includes coverage for
physical damage to or liability arising from the exhibits owned by the Foundation that are located
in the Museum, whether permanent or temporary; automobile liability arising from the ownership
or use of motor vehicles owned or leased by the Foundation and operated by City employees in the
scope of their employment; and for liability arising out of the activities funded or sponsored by the
Foundation and conducted by City employees normally employed at the Museum. Such insurance
is provided through the City's self-insurance program or may be provided through any program of
insurance established by the City' s Risk Management Administrator.
11. The Gift Shops in the Museum buildings are operated and maintained by the City and
the City retains all re',enues received from their operation
12 The City operates the Museum admission facilities and sells both admission tickets
and basic memberships in the Museum. The City retains all revenues derived from admission
charges and from basic membership charges. Any surcharge added to normal admission charges
covering admission to temporary exhibits which have been obtained by the Foundation, whether or
not designated as a surcharge, will be paid to the Foundation
13 The Foundation sells annual philanthropic memberships in the Museum to
businesses, corporations, and members of the public. The Foundation reimburses the City for the
cost of the basic membership and IMAX Theater tickets included in each philanthropic membership.
14 The Foundation uses portions of the Museum for its fund raising activities and for
other private functions which generate revenue for the Foundation. The Foundation pays to the City
twenty-five (25%) percent of the net revenues received by the Foundation as a result of the use of
Museum facilities by third parties for private functions arranged by the Foundation.
15. Under a separate lease agreement, the Foundation pays the City Five Hundred Dollars
($500 00) a month for the use of the space in the Museum occupied by the Osprey Caf6 and the
p~cnic area. The Foundation contracts wxth a third party for the operation of the restaurant and
retains all revenues it receives under its contract with the restaurant operator, including revenues paid
by the restaurant operator for its provision of catering services for private functions arranged by the
Foundation and held at the Museum.
16 The Foundation reimburses the City, no less frequently than quarterly, for the cost
of the salaries paid by the City to part-time City employees who operate certain educational programs
at the Museum on behalf of the Foundation. All revenue received from such educational programs
is retained by the Foundation.
17. The Foundation operates the Museum's Stranding Program, which has the mission
of researching, rescuing, rehabilitating, and, when possible, releasing stranded marine animals. This
program, together with other related educational programs operated by the Foundation, is housed in
a bmld~ng which is leased by the City and which is currently known as the Museum Annex The
Foundation pays the City thirty percent (30%) of the cost of the lease and reimburses the City for the
cost of the salaries of the City employees who operate the programs for the Fotmdatlon.
18. The City and the Foundation acknowledge that neither entity is the agent, employee,
partner, joint venturer or associate of the other. However, the Foundation's Board and the City's
Museum staff consult with each other and work closely together to improve the Museum and its
facilities, to enhance its educational mission, to facilitate its ability to serve the pubhc, and to plan
for future growth and expansion.
19. The Foundation acknowledges that during the term of this MOU, the Foundation will
promptly remove or release any mechanic's or materialman's lien attached to or on the subject
property or any portion, by reason of any act or omission by the Foundation, ~ts contractors or agents
in connection with the activities performed by the Foundation, and hold harmless the City and its
agents, employees, volunteers, servants, and officials from any such lien or claim of lien.
20 The City and the Foundation acknowledge that certain activities involving revenue
sharing, grant solicitation, jmnt promotional efforts, cost participation or jointly funded capital
improvement projects, and the insurance, record keeping, appropriations and indemnity issues which
are pertinent to said activities shall be memorialized through the execution of a separate operating
agreement.
21. The initial term of this MOU will be for five (5) years effective July 1, 2002 through
June 30, 2007 The MOU will be automatically renewed for additional five-year terms unless
terminated by either party upon 12 months written notice to the other party prior to the end of any
five-year term.
CITY OF VIRGINIA BEACH
APPROVED AS TO
LEGAL SUFFICIENCY: -
Foundation Counsel
APPROVED AS TO CONTENTS
Dei~artment of Museums &
Cultural Arts
By.
C~ty Manager/Authorized Designee
of the C~ty Manager
VIRGINIA MUSEUM OF MAR/NE SCIENCE
FOUNDATION, INC.
APPROVED AS TO
LEGAL SUFFICIENCY:
City Attorney's office ~
OPERATING AGREEMENT
BETWEEN THE CITY OF VIRGINIA BEACH
AND THE VIRGINIA MUSEUM OF MARINE SCIENCE FOUNDATION
THIS OPERATING AGREEMENT ("Agreement") made and entered into as of this
day of ,2002, by and between the CITY OF VIRGINIA BEACH, a municipal corporation
of the Commonwealth of Virginia (the "City"), and the VIRGINIA MUSEUM OF MARINE
SCIENCE FOUNDATION, INC., a private, non-stock Virginia corporation, (the "Foundation").
RECITALS
WHEREAS, the City is owner and operator of the buildings, grounds and related facilities
located in the City of Virginia Beach, known as the Virginia Marine Science Museum (the
"Museum");
WHEREAS, prior to the construction of the Museum, on October 29, 1981, the Foundation
was organized and chartered as a private, non-stock corporation under the provisions of Chapter 2,
Title 13.1 of the Code of Virgima (1950), as amended, with a tax exempt status under section 501 (c)
(3) of the Internal Revenue Code,
WHEREAS, the Foundation was formed and has functioned for many years for the purpose
of supporting the Museum and its programs, assisting in the identification, acquisition and
construction of exhibits, providing financial support, and increasing public knowledge of Virginia' s
unique marine environment; and
WHEREAS, the Foundation and the City wish to assure the continued success and
prosperous growth of the Museum in the future by memorializing the responsibilities and
obligations of City and the Foundation as they relate to certain operational activities.
AGREEMENT
The parties to this Agreement, for and in consideration of the mutual efforts to promote and
support the development of the Museum agree as follows.
1. OPERATING PROCEDURES
A. The City Manager shall be the official responsible for the administration of
this Agreement for the City. The Director of the Museum, who shall be responsible for its day to
day operations, shall be selected by the City Manager and employed by the City. Subject to the
approval of the City Manager and the Board of Directors of the Foundation, the Director of the
Museum shall also serve as Executive Director of the Foundation. The Director ofthe Museum shall
receive no remuneration from the Foundation and shall have no voting rights with respect to
Foundation business or affairs, but may be reimbursed by the Foundation for travel and other
expenses incurred on its behalf. The City Manager may also employ a Director of Development who
shall have such duties as the City Manager may prescribe, but who may assist the Foundation in
planning and implementing its fund raising activities, and who may solicit funds on behalf of the
Foundation The Foundation may supplement the salary of the Director of Development as
compensation for services to the Foundation.
B. The City and the Foundation acknowledge and agree that all Foundation
correspondence, financial records and all Foundation documents shall be kept separate and apart
from all City records.
C. The Foundation shall not contract for the installation ora new or substantially
expanded exhibit to be housed in the Museum without first obtaining the approval of the Director
of the Museum.
D The City and the Foundation may engage in joint promotional efforts,
~ncludlng marketing and the solicitation of funding through grants. However, any funds or grants
received by the City, regardless of whether solicited by the Foundation separately or jointly with the
City shall not be appropriated to the Foundation unless so directed by the City Council pursuant to
an ordinance adopted by City Council. Any funds or grants received by, or awarded or donated to
the Foundation, regardless of whether solicited by the Foundation separately or jointly with the City
shall be accounted for in the Foundation's records and disbursed in accordance with the donor or
grantor's instructions.
E. Any and all jointly funded capital improvement projects which are included
in the City' s capital improvement budget shall be memorialized through the execution of a specific
agreement and under terms and conditions mutually agreed to by the City and the Foundation. No
such capital improvement project shall proceed until the City appropriates the funds for such project
and until the Foundation transfers its share of the appropriation or provides assurances acceptable
to the City of the timely availability of such funds.
F. With the City Manager's approval, the Director of the Museum and city
employees authorized by the Director may, at the request of the Foundation, solicit donations on
behalf of the Foundation. No other city employee shall actively solicit any donations on behalf of
the Foundation unless the City Manager specifically approves such activity.
G. The Foundation shall function for the purpose of: (i) supporting the Museum
and ~ts programs; (ii) acquiring, leasing or holding real estate necessary for the purposes of the
Museum; (iii) assisting in the identification, acquisition and construction of exhibits; {'iv) providing
financial support; (v) receiving gifts, bequests, monies, bonds, grants, scientific equipment and
objects of art in support of the Museum; and (vi) increasing public knowledge of Virgima' s unique
marine environment. The Foundation serves in an advisory role to the Director of the Museum and
shall not have directory or supervisory functions in the operation of the Museum.
2. INSURANCE
The Foundation shall provide to the City's Risk Management Administrator evidence
of liability insurance coverage for any non-city employees
All policies of insurance required herein shall be written by insurance companies
licensed to conduct the business of insurance in Virginia and shall carry the provision that the
~nsurance will not be cancelled or materially modified without thirty (30) days prior written notice
to the City.
3. RECORD KEEPING
A The Foundation shall provide annually to the City an audited financial
statement. The audit shall be made in accordance with generally accepted auditing standards by an
independent certified public accountant covering all monies which are the subject of this Agreement.
The statement will be provided on or before June 30th of each year during this Agreement but shall
not include any information regarding individual Foundation donors.
B. The Foundation shall provide the City with an updated copy of its articles,
bylaws and officers and directors The Foundation shall also provide the City with a copy of its IRS
Form 990 (Return of Organization Exempt from Income Tax) without accompanying documentation
providing information concerning any specific Foundation donor.
4 INDEPENDENT CONTRACTORS
In the performance of this Agreement, both the City and the Foundation will be acting
in an individual capacity and not as agents, employees, partners or joint venturers or associates of
one another. The agents or employees of the one shall not be construed to be the agents or
employees of the other City employees shall remain employees of the City notwithstanding the fact
that they may assist the Foundation or their salary or any portion thereof is reimbursed by the
Foundation.
Neither the City nor its agents, volunteers, servants, employees or officials shall be
responsible or liable for any claim or suit arising from contracts, agreements, understandings or
arrangements made by the Foundation with any person or entity covering services or goods procured
by the Foundation, or for the neghgent or willful acts of the Foundation or those tbr whom the
Foundation is legally liable
5. TERM
The initial term of this Agreement will be for five (5) years effective July 1, 2002
through June 30, 2007. This Agreement will be automatically renewed for additional five-year terms
unless terminated by either party upon 12 months written notice to the other party prior to the end
of any five year term
6. DISPUTE RESOLUTION
The parties agree that if there is a dispute as to any provision in this Agreement or if
either party materially breaches or fails to perform its obligations under this Agreement, the other
party may give notice in writing of the dispute or material breach. The parties agree to meet to
resolve the dispute or material breach within thirty (30) days of the receipt of the notice. If the
parties fall to resolve the dispute within sixty (60) days of such notice or such longer period if
agreed to in writing by the parties, the parties agree to bring in a mediator to resolve the dispute.
7. NOTICES
Any notice or notices required or permitted to given pursuant to this Agreement shall
be give by certified mall, postage prepaid, return receipt requested as follows:
To the City:
Lynn B. Clements, Director
Department of Museums and Cultural Arts
717 General Booth Boulevard
Virginia Beach, Virginia 23451
To the Foundation.
President
Virginia Marine Science Museum Foundation, Inc.
717 General Booth Boulevard, Suite 1
Virginia Beach, Virginia 23451
8. GOVERNING LAW/COMPLIANCE WITH APPLICABLE LAW/VENUE
This Agreement shall be deemed to be a Virginia contract and shall be governed as
to all matters whether of validity, interpretations, obligations, performance or otherwise exclusively
by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall
be determined in accordance with such laws. Regardless of where actually delivered and accepted,
this Agreement shall be deemed to have been delivered and accepted by the parties in the
Commonwealth of Virgima. The Foundation shall comply with all federal, state and local statutes,
ordinances, and regulations now in effect or thereafter adopted, in the performance of its obligations
set forth herein. Any and all suits for any claims or for any and every breach of dispute arising out
of this Agreement shall be maintained in the appropriate court of competent jurisdiction in the City
of Virginia Beach.
9. MECHANIC'S LIENS
During the term of this Agreement, the Foundation will promptly remove or release
any mechanic' s or materialman' s lien attached to or on the subject property or any portion, by reason
of any act or omission by the Foundation, ~ts contractors or agents in connection with the activities
performed by the Foundation, and hold harmless the City and its agents, employees, volunteers,
servants, and officials from any such lien or claim of lien. This provision shall survive the
termination, cancellation or expiration of the Agreement.
10. ENTIRE AGREEMENT
The parties agree that this writing constitutes the entire agreement of the parties and
that there may be no modification of this Agreement, except in writing, executed by the authorized
representatives of the City and the Foundation.
As evidence ofthmr agreement to the terms and conditions set forth herein, the parties affix
their authorized signatures hereto:
ATTEST:
Ruth Hodges Smith
City Clerk
CITY OF VIRGINIA BEACH
By:
City Manager/Authorized Designee
of the City Manager
ATTEST
VIRGINIA MUSEUM OF MARINE SCIENCE
FOUNDATION, INC.
STATE OF
CITY/COUNTYqOF~,M,ff~.,~,~ ~'.~, to-wit:
The foregmng instrument was ow ¢dged before me tNs /~ d~ff of (, ~~ ,
2Q02, by ~ ~~ ~);~ , and ~~ ~~ ,
~c~,,~~ =d ~.~4~ ~~ (t~tle), respectively,' ~of~ the VIRG~IA
MUSEUM OF MA~E SCIENCE FOUNDATION, ~C., on its behalf
Notary Public
My commission expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregmng instrument was acknowledged before me this 1 2 day of November ,
2002, by , City Manager/Authorized Designee of the
City Manager of the City of Virginia Beach, on its behalf He/She is personally known to me.
Notary Public
My commissmn expires.
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this ~ day of
,
2002, by Ruth Hodges Smith, City Clerk of the City of Virginia Beach, on its behalf. She is
personally known to me.
Notary Public
My commission expires:
APPROVED AS TO
LEGAL SUFFICIENCY:
Foundation ~ounsel
APPROVED AS TO CONTENTS
Department of Museums &
Cultural Arts
APPROVED AS TO
RISK MANAGEMENT:
Risk Management
APPROVED AS TO
t/~SUFFIC~:
City Attorney's Offi~//
- 39-
Item V-I. 6.
ORDINANCES/RES OL UTIONS
ITEM # 50406
Upon motton by Councdman Jones, seconded by Councd Lady Wdson, Ctty Councd ADOPTED:
Resolutton to ESTABLISH the Ctty Councd's relattonshtp wtth
VIRGINIA BEA CH COMMUNITY DE VEL OPMENT CORPORA TION
(VBCDC).
Vottng'
10-0 (By Consent)
Councd Members Voting Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox,
Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A
Vdlanueva, Rosemary Wdson and James L Wood
Counctl Members Vottng Nay
None
Councd Members Absent
None
November 12, 2002
A RESOLUTION ESTABLISHING THE CITY
COUNCIL'S RELATIONSHIP WITH THE VIRGINIA
BEACH COMMUNITY DEVELOPMENT CORPORATION
WHEREAS, the Virginia Beach Community Development
5 Corporation ("VBCDC") was created in 1985 for the purpose of
6 creating housing opportunities for low and moderate income
7 citizens;
WHEREAS, VBCDC's bylaws provide that its directors are
9 appointed by the Virginia Beach City Council and that amendments to
10 these bylaws must be approved by the City Council;
11
WHEREAS, the U.S. Department of Housing and Urban
12 Development ("HUD") has concluded from reviewing these bylaw
13 provisions that the City Council has considerable control over the
14 VBCDC; and
15
WHEREAS, HUD has requested that the City Council, in the
16 form of a resolution, state whether it wishes to retain this level
17 of control over the VBCDC, the purpose of retaining such control,
18 and that the Council does not intend to exercise such control for
19 profit or gain.
20
21
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH:
22
That City Council hereby states the following:
23
(a) that it intends to retain its current level of
24 control over the Virginia Beach Community Development Corporation
25 ( "VBCDC" );
26
(b) that it retains such control solely for the purpose
27 of insuring that the VBCDC continues to provide housing
28 opportunities and operate in alignment with the City of Virginia
29 Beach's neighborhood improvement goals; and
3O
(c) that the City Council has no intention of exercising
31 any level of control it has over the VBCDC to derive any gamn or
32 profit from the VBCDC's operations.
33
Adopted by the Council of the City of Vmrginia Beach,
34 Virginia on the 12th day of November 2002
!
CA-8681
Noncode/HUDVBCDC. wpd
November 4, 2002
RI
APPROVED AS TO CONTENT'
H ' '~e[~borhood
Preservation
APPROVED AS TO LEGAL
SUFFICIENCY'
City Attorney~ Offi~e
VIRGINIA BEACH CDC
629 Wesley Drive, Suite 101
Virginia Beach, VA 23452
(757) 463-9516
FAX (757) 463-1382
M. K. Horoszewskl
Executive Director
September 30, 2002
Dear Andy,
I am writing you to follow up on our conversation this moming. Please review the following
information and let me know what I can do to help resolve this issue.
Background
VBCDC is required to submit a biannual application for recertification to the U.S. Department of
Housing and Urban Development. The approval of this recertification application allows
VBCDC to be on HUD's list of approved non-profits for participation in FHA activities. This
enables VBCDC to purchase HUD properties at a discount, provide secondary financing to low-
income first-time home buyers, and obtain FHA-insured mortgage financing.
One of the items that is requested, as part of the recertification package, is a certification signed
by an authorized representative of the organization certifying to HUD that the nonprofit is acting
on ~ts own behalf and is not under the influence, control, or direction of any party seeking to
derive a profit or gain from the proposed project, such as, but not limited to, a landowner, real-
estate broker, banker, contractor, builder, lender, or consultant. THE NONPROFIT MUST
OVERSEE AND MAINTAIN CONTROL OF THEIR OPERATIONS AND MAKE ALL
DECISIONS.
VBCDC sent th~s certification to HUD in the last recertification application that was submitted in
June 2002. HUD provided a response to the package dated August 19, 2002. Their response was
as follows:
While your application did contain the required certification, it appears from your Bylaws
that the organization is under the direct control of the City Council for the City of
Virginia Beach. Pursuant to your By-laws, Article III- Directors, Section 2-
Composition, states "The Board shall be composed of eleven (11) directors who shall be
appointed by the City Council of the City of Virginia Beach." Section 4- Vacancies and
Removals, further states, "Vacancies shall be filled upon appointment by the City
Council." and "Directors shall serve at the pleasure of the City Council." Also, Article
X- Amendments, states, "Such amendments to these bylaws shall be subject to approval
by the City Council." While it is assumed that the City of Virginia Beach is not seeking
to derive a profit or gain from the proposed project, it is apparent that they have
considerable control over the internal operations of your organization.
Considering this, they have asked us to provide one of the following options.
1. Provide documentation that we are an instrumentality of the local government. This would
require an ordinance or charter that clearly states our relationship with the City of Virginia
Beach, their purpose in forming us, and an indication that they maintain control over the non-
profit. HUD's rationale is that if we are an instrumentality of the local government, then they
would expect the City of Virginia Beach to maintain control over the non-profit. Was this
ordinance or charter a part of the original organization of VBCDC which occurred ~n November,
19857
2. The City of Virginia Beach could provide HUD with a statement of their purpose and intent
in mmntmning control over the nonprofit and also state that they will not exercise their authority
to derive a profit or gain from VBCDC's programs.
3. The C~ty of Virginia Beach could relinquish their control over VBCDC by documenting that
they will no longer appoint our Board of Directors or require their approval to change our by-
laws.
One of these actions must be completed and the required documentation must be submitted to
HUD no later than October 31, 2002.If we do not meet this deadline, then VBCDC will be
removed from I-IUD's list of approved non-profits. We will then have to wait 90 days
before we eau resubmit our application for approval to be on the list of approved non-
profit.
You may contact Mr. Bradley Payne of the HUD Cleveland, Ohio office for further clarification.
His number is 216-522-4058 extension 7215. His fax number is 216-522-2975. I appreciate
you assistance in responding to their request.
Executive Director
Sharon Shoff, VBCDC
VBCDC Board of Directors
Mr. Bradley Payne, HUD
Item V-I. 7.
- 40-
ORDINANCES/RES OL UTIONS
ITEM # 50407
Upon motton by Councdman Jones, seconded by Councd Lady Wdson, Ctty Councd ADOPTED, AS
REVISED
Ordtnance to AUTHORIZE a thtrd Supplement to the Development and
Post-Clostng Escrow Agreements ("the Supplemental Documents ")for the
Town Center project
Votmg 9-0 (By ConsenO
Councd Members Vottng Aye
Margaret L Eure, Reba S McClanan, Rtchard A Maddox, Mayor Meyera
E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary
Wdson and James L Wood
Councd Members Vottng Nay
None
Councd Members Abstatmng
Vtce Mayor Louts R Jones
Councd Members Absent
None
Councdman Jones DISCLOSED and ABSTAINED (Item L 7 (Town Center), as he has an ownershtp
interest tn Resource Bank, whtch exceeds three percent (3%) of its total equity. Resource Bank has entered
mto a Paractpatton Agreement wtth Monarch Bank for a line of credit to Armada Hoffler Properttes It is
hkely that Armada Hoffler Properttes wdl manage the Town Center for the project's Developer, Town
Center Assoctates Also, Resource Bank ts tn negottatton to lease a new buddmg at the Town Center.
November 12, 2002
AN ORDINANCE TO APPROVE A THIRD SUPPLEMENT TO THE
DEVELOPMENT AGREEMENT AND A POST-CLOSING ESCROW
AGREEMENT FOR THE TOWN CENTER PROJECT AND
RECOMMENDING APPROVAL AND EXECUTION BY THE
VIRGINIA BEACH DEVELOPMENT AUTHORITY
WHEREAS, the City of Vlrglma Beach Development Authority (the "Authority") and Town
7 Center Associates, L.L C (the "Developer") are parties to a certain Development Agreement dated
8 as of March 6, 2000, as supplemented by that certain First Supplement to Development Agreement
9 dated as of February 28, 2001, as modified by that certain Second Modification to Development
10 Agreement dated as of August 30, 2002 (the "Town Center Development Agreement"), regarding
11 the development of a Central Business District ProJect known as "The Town Center of Virginia
12 Beach" (the "ProJect"),
13
WHEREAS, in connection with the closing on the Authonty's purchase of the Phase I
14 Parking Garage as provided in the Town Center Development Agreement, the parties have identified
15 certain necessary and desirable modifications to the ProJect documents and have pursued the
16 preparation of a Third Supplement to Development Agreement and a Post-Closing Escrow
17 Agreement (the "Supplemental Documents") which document the modifications to the ProJect
18 documents necessary to facilitate and consummate the Authority's purchase of the Phase I Parking
19 Garage
20
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA
22
1 The City Council approves the Third Supplement to Development Agreement and
23 the Post-Closing Escrow Agreement (the "Supplemental Documents"), complete copies of which
24 have been provided to the members of City Council and which are on file with the City Clerk, which
25 implement necessary and desirable modifications to the ProJect documents to faclhtate and
26 consummate the AuthorIty's purchase of the Phase I Parking Garage
27
2 On behalf of the City of Vlrgima Beach, the City Manager and the City Attorney are
28 hereby authorized and directed to proceed with the preparation of any additional documents
29 necessary and appropriate or contemplated by the Supplemental Documents, to facilitate and
30 consummate the Authonty's purchase of the Phase I Parking Garage, containing terms as are
31 consistent with the terms contained in the Supplemental Documents
32 3. The City Manager, or his designee, is authorized to execute and deliver the
33 Supplemental Documents in substantially the form as are on file in the City Clerk's Office, with such
34 insertions and modifications of a minor and technical nature which are acceptable to the City
35 Attorney
36
4 The City Council requests that the City of Vlrglma Beach Development Authority
37 adopt a Resolution consistent with this Ordinance approving the Third Supplement to Development
38 Agreement and the Post-Closing Escrow Agreement and authorizing their execution and delivery
39 on behalf of the Authority.
40
Adopted by the Council of the City of Vlrglma Beach, Vlrglma on the 1 2 day of
41 November, 2002.
42
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CA-8649
F ',Data\ATY\Ordm\NONCODE\ca8649 ord wpd
November 6, 2002
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City Attomey
48
CITY OF VIRGINIA BEA CH
AGENDA ITEM
TO:
FROM:
ITEM.
The Honorable Mayor and Members of Council
James K. Spore, City Manager
An Ordinance to Approve a Third Supplement to Development Agreement
and a Post-Closing Escrow Agreement for the Town Center Project and
Recommending Approval and Execubon by the V~rg~n~a Beach Development
Authority
MEETING DATE November 12, 2002
Background: The C~ty of Virginia Beach Development Authority (the "Authority") and
Town Center Associates, L.L.C. (the "Developer") are parties to a Development
Agreement regarding the development of a Central Business District Project known
as "The Town Center of Virginia Beach" (the "Project") Construcbon of Phase I of the
Project ~s nearing complebon and the Authonty's purchase of the Phase I Parking
Garage should be closing in the next few weeks. In connection with the purchase, the
part~es have ~dent~fled certain necessary and desirable mod~flcabons to the Project
Documents and have pursued the preparation of a Third Supplement to Development
Agreement and a Post-Clos~ng Escrow Agreement which document the modifications
to the Project Documents to necessary to facditate and consummate the Authonty's
purchase of the Phase I Parking Garage.
Summary of Third Supplement to Development Agreement
Changes to Exhibits.
· Replaces Exhibit 6 1 (Master Plan)
· Replaces Exhibit 9 1 2 (Reimbursement Amount Calculation)
· Adds Exhibit 8 5 2 (Post-Closing Escrow Agreement)
Change to Master Plan Confirms the adjusted master plan that the Developer
and VBDA have been implementing for the last year which modifies the scope
of the infrastructure for Phase I and Phase II w~th respect to the Iocabon of
certain streets and the orientation of the public plaza.
Change to Reimbursement Amount. Changes the due date of the first
~nstallment of the Reimbursement Amount from June 5, 2003, to December
31, 2003, and prowdes a calculation mechanism to allow Developer to
construct hotel improvements, as well as other commercial ~mprovements, to
"earn out" of the Reimbursement Amount obligabon
Cond~bons to Closing on Purchase of Phase I Parking Garage Cond~bons
VBDA's purchase of Phase I Parking Garage on Developer's delivery of a Post
Closing Escrow Agreement [see summary below]
Construction of Phase I Public Infrastructure. Confirms that Phase I Public
Infrastructure construcbon does not ~nclude any public street or streetscape
construction west of Central Park Avenue.
Additional Phases Technical amendment to delete references to addibonal
phases of Town Center
Summary of Post-Closing Escrow Agreement. Establishes an escrow of a port~on
of the purchase price for the Phase I Parking Garage as follows (a) $50,000
conbngency reserved for unanbc~pated ~tems to be released to Developer as agreed
to ~tems are completed, (b) 150% reta~nage for punchiest ~tems released to Developer
when the punchlist ~s complete as evidenced by Architect's Certificate; and (c) a
reserve for incomplete structures on Block 4 (North Office Budding and South Retad
Budding) released to Developer upon structural shell completion of those structures
(in place of requiring structural shell completion of these two ancillary project
elements at closing)
Considerations: Attached to th~s Agenda Request Form ~s an Ordinance approving
the Third Supplement to the Development Agreement and a Post-Clos~ng Escrow
Agreement to ~mplement necessary and desirable modifications to the Project
Documents to facilitate and consummate the Authonty's purchase of the Phase I
Parking Garage and recommending approval and execution by the V~rg~n~a Beach
Development Authority
Public Information: Copies of the Third Supplement to Development Agreement and
the Post-Clos~ng Escrow Agreement are on file with the C~ty Clerk's Office.
Attachment(s):
Ordinance
Recommended Action: Approval of Attached Ordinance
Submitting Department/Agency. City Attorney
City Manager [~... ~G¢3-
Item V-I.&
- 41 -
ORDINANCES/RES OL UTIONS
ITEM # 50408
Upon motton by Councdman Jones, seconded by Counctl Lady Wdson, Ctty Councd ADOPTED:
Or&nance to APPROPRIATE a total of $10,39 7, 000 tn FY 2001-2002
School Reverston Funds
a $&8-Million:
FY 2002-2003 School Capital Budget
(I) $ 3, 000, 000
(2) $ 2, 000, 000
(3) $3,200,000
(4) $ 400,000
(5) $ 200,000
Telecommuntcatton Infrastructure
Replacement
Instructtonal Technology
Equtpment and Vehtcle Replacement
Student Data Management System
Landstown Htgh School/Prtncess Anne
Pedestrtan Brtdge
b $1,59 7,000:
Instructional Category
(1) $1,400,000
(2) $ 197,000
SOL Incenttve Program
Athletic eqmpment
Road
Vottng 10-0 (By ConsenO
Councd Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox,
Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A
Vdlanueva, Rosemary Wdson and James L Wood
Councd Members Vottng Nay
None
Councd Members Absent
None
November 12, 2002
1
2
3
4
5
6
7
8
9
10
11
AN ORDINANCE TO APPROPRIATE A TOTAL
OF $10,397,000 IN FY 2001-02
VIRGINIA BEACH SCHOOL REVERSION
FUNDS, WITH $8,800,000 APPROPRIATED
TO VARIOUS SCHOOL PROJECTS IN THE FY
2002-03 CAPITAL BUDGET AND
$1,597,000 APPROPRIATED TO THE
INSTRUCTIONAL CATEGORY IN THE SCHOOL
OPERATING FUND AND THE SCHOOL
ATHLETIC SPECIAL REVENUE FUND IN
THE FY 2002-03 OPERATING BUDGET
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
WHEREAS, on September 11, 2002, the School Board was
presented with a summary financial statement indicatzng that
$18,290,278 in unexpended FY 2001-02 School Board appropriations is
available to be re-appropriated by the City Council;
WHEREAS, of this amount, $400,000 has been previously
appropriated by the City Council and $17,890,278 has not been
appropriated;
WHEREAS, by resolutions dated June 25 and October 1,
2002, the School Board formally requested the City Council to
approve the appropriation of $8,800,000 of school reversion funds
to the City's FY 2002-03 Capital Budget and $1,597,000 to the School
Operating Fund and the School Athletic Special Revenue Fund in the
FY 2002-03 Operating Budget for one time only costs for
instructional materials for the SOL Incentive Program and
equipment; and
WHEREAS, the School Board has requested that $7,493,278
remain in the General Fund for CIP projects that will be determined
at a later date.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That $8,800,000 of Virginia Beach Public School
Reversion funds from FY 2001-02 are hereby appropriated from the
fund balance of the General Fund to the FY 2002-03 Capital Budget
in the amounts and to the projects as set forth below:
(a) $3,000,000 to CIP #1-030, "Telecommunication
Infrastructure Replacement," for replacement of telephone
equipment;
39
40
41
42
43
44
45
46
47
48
49
5O
51
52
53
54
55
56
57
58
59
60
(b) $2,000,000 to CIP #1-196, "Instructional Technology,"
for the Instructional Technology Replacement Program;
(c) $3,200,000 to CIP #1-011, "Equipment and Vehzcle
Replacement," for replacement of school buses, fleet vehicles,
copiers and risographs, bus video camera and custodial equipment;
(d) $400,000 to CIP #1-195, "Student Data Management
System," for implementation of the Speczal Education Modules for
SASI;
(e) $200,000 to CIP #1-023, "Landstown High
School/Princess Anne Road Pedestrian Bridge";
2. That $1,400,000 of Virginia Beach Public School
Reversion Funds from FY 2001-02 are hereby appropriated from the
fund balance of the General Fund to the instructional category of
the School Operating Fund in the FY 2002-03 Operating Budget for
instructional materials for the SOL Incentive Program.
3. That $197,000 of Virginia Beach Public School
Reversion Funds from FY 2001-02 are hereby appropriated from the
fund balance of the General Fund to the School Athletic Special
Revenue Fund in the FY 2002-03 Operating Budget for equipment.
4. That revenue in the FY 2002-03 Capital Budget is
hereby mncreased by $8,800,000, and revenue in the FY 2002-03
Operating Budget is increased by $1,597,000.
61
62
63
64
Adopted by the Council of the City of Virginia Beach,
Virginia, on the __1_2__ day of November , 2002.
Requires an affirmative vote by a majority of the members
of City Council.
CA-8676
Noncode/School Reversion Funds.ord.wpd
October 25, 2002
R5
Approved as to Content:
Management
Approved as to Legal
Sufficiency:
Cmty Attof~r~'ey's O~ffmce
- 42 -
Item V-I.~.
ORDINANCES/RESOL UTIONS
ITEM # 50409
Upon motton by Councdman Jones, seconded by Councd Lady Wdson, Ctty Counctl DEFERRED to the
City Council Session of November 26, 2002:
Or&nance to APPROPRIATE a grant of $15, O00 from the of FRANCIS
LAND HOUSE TRUST FUND to FY 2002-2003 operattng budget of the
Department of Museums and Cultural Arts re support for programs,
events, exhtbtts and general operattng expenses at the Francts Land House
and Adam Thoroughgood House
Voting 9-1 (By ConsenO
Councd Members Vottng Aye
Margaret L Eure, Louts R Jones, Richard A Maddox, Mayor Meyera E
Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary
Wdson and James L Wood
Councd Members Vottng Nay
Reba S McClanan
Councd Members Absent
None
November 12, 2002
- 43 -
Item V-J.
PLANNING
ITEM # 50410
1. FOUR PINES ASSOCIATES
VARIANCE
2tr DEMER TRIO US KO UL O UKIS
STREET CLOSURES
b. DAKOTA ASSOCIATES, LLC (MODIFY)
c. UNITED JEWISH FEDERATION OF TIDEWATER
3. CHARITY UNITED METHODIST CHURCH
CONDITIONAL USE PERMIT
4. THAO L. NGUYEN
CONDITIONAL USE PERMIT
5. NEW LIFE PRESBYTERIAN CHURCH
CONDITIONAL USE PERMIT
6. A.J. VENTURES, INC.
CONDITIONAL USE PERMIT
7. PRINCESS ANNE CO UNTR Y CLUB
CONDITIONAL USE PERMIT
& JANICE L. ROWLEY
CONDITIONAL USE PERMIT
9. TRITON PCS
CONDITIONAL USE PERMIT
November 12, 2002
- 44 -
PLANNING
ITEM # 50411
Upon motion by Councdman Jones, seconded by Counctl Lady Wtlson, Cay Counctl APPROVED IN ONE
MOTION Items la (DEFERRED) 2a (DEFERRED), 2b (MODIFIED), 2c (EXTENSION), 3, 4, 5, 6, 7,
and 9 of the PLANNING BY CONSENT AGENDA
Item 1 was DEFERRED INDEFINITEL Y, BY CONSENT
Item 2a was DEFERRED TO NOVEMBER 26, 2002, BY CONSENT
Item 2b was MODIFIED, BY CONSENT
Item 2c EXTENDED COMPLIANCE FOR 90 DA YS (02/11/03) B Y CONSENT
Vottng 10-0 (By Consent)
Counctl Members Voting Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox,
Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A
Vtllanueva, Rosemary Wtlson and James L Wood
Counctl Members Voting Nay
None
Counctl Members Absent
None
November 12, 2002
Item V-J.2.
- 45 -
PLANNING
ITEM # 50412
Upon motion by Counctlman Jones, seconded by Counctl Lady Wtlson, Ctty Counctl DEFERRED
INDEFINITEL Y, Vartance to Sustam 4 4 Subdtvtston Ordtnance that requtres all newly created lots meet
the requtrements of the Ctty Zoning Ordtnance (CZO) for FOUR PINES ASSOCIATES, L.L.C.
Appeal to Dectstons of Admtntstrattve Officers tn regard to certatn
elements of the Subchvtston Ordinance, Subchvtston for Four Ptnes
Assoctates, L L C Property ts located at the southwest tntersectton of West
Great Neck Road and Adam Keehng Road and contatns 40 46 acres, more
or less (GPIN 1499452850) DISTRICT 5 - L YNNHA VEN
Vottng 10-0 (By ConsenO
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox,
Mayor Meyera E Oberndorf Jim Reeve, Peter W Schmtdt, Ron A
Vtllanueva, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
November 12, 2002
Item V-J.2. a~
- 46-
PLANNING
ITEM # 50413
Upon motion by Counctlman Jones, seconded by Counctl Lady Wdson, Ctty Councd DEFERRED to the
City Council Session of November 26, 2002, apphcatton of DEMERTRIOUS KOULOUKIS for
chsconttnuance, closure and abandonment of Admtral Wrtght Boulevard
Apphcatton of Demertrtous Kouloukts for the &sconttnuance, closure and
abandonment ofa portton of Admtral Wrtght Boulevard located on the east
stde of Euchd Street, 450 feet more or less south of Vtrgmta Beach
Boulevard Satd parcel contams 15,111 square feet DISTRICT 2 -
KEMPSVILLE
Vottng 10-0 (By Consent)
Councd Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, RtchardA Maddox,
Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A
Vtllanueva, Rosemary Wtlson and James L Wood
Counctl Members Voting Nay
None
Counctl Members Absent
None
November 12, 2002
-47-
Item V-J.2 b.
PLANNING
ITEM # 50414
Upon motton by Counctlman Jones, seconded by Counctl Lady Wtlson, Ctty Counctl MODIFIED DAKOTA
ASSOCIATES, LLC closed area (approved August 2 7, 2002 wtth five con&ttons) for the &sconttnuance,
closure and abandonment of a portton of Joseph Place
Apphcatton of Dakota Assoctates, LLC to mo&fy the portton of Joseph
Place closed on August 27, 2002, begtnmng lOO feet more or less north of
Mabel Lane, runmng a &stance of 67 63 feet along the eastern property
hne and runntng a &stance of103 93feet along the western property hne
Said parcel ts 50 06 feet tn wtdth and contatns 3,604 68 square feet
DISTRICT 6- BEA CH
The followtng con&ttons shall be required
The Ctty Attorney's Office will make the final determtnatton
regar&ng ownershtp of the underlytng fee The purchase prtce
to be patd to the Ctty shall be determtned accor&ng to the Pohcy
Regar&ng Purchase of Ctty's Interest tn Streets Pursuant to
Street Closures, approved by Ctty Counctl Coptes of the pohcy
are avatlable tn the Planmng Department
The apphcant shall de&cate right-of-way and construct a cul-de-
sac tn heu of the extsttng through street A revtston to the
approved construction plan (DSC Ftle #J06-519) shall be
submttted for revtew and approval by the Development Servtces
Center (DSC)
The apphcant shall resub&vtde the property and vacate tnternal
lot hnes to tncorporate the closed area tnto the adjotntngparcels
and de&cate the ad&ttonal rtght-of way necessary to construct
the cul-de-sac Any pubhc uttltty or dratnage easements
necessary for the new development shall also be de&cated The
plat shall be submitted and approved for recordatton prtor the
final street closure approval
The apphcant shall vertfy that no prtvate utthttes extst wtthtn the
rtght-of-way proposed for closure Prehmtnary comments from
the utthty compantes tn&cate that there are no prtvate utthttes
wtthtn the rtght-of-way proposed for closure If prtvate utthttes
do exist, easements sattsfactory to the utthty company shall be
provtded
Closure of the rtght-of-way shall be conttngent upon comphance
wtth the above stated con&ttons wtthtn 365 days of approval by
Ctty Counctl If the con&ttons noted above are not accomphshed
and the final plat ts not recorded wtthtn one year of the Ctty
Counctl vote to close the rtght-of-way thts approval shall be
considered null and votd
The apphcant ts only requestmg to mo&fy the area proposed for closure and ts not requesting to mo&fy any
of the above con&ttons of the street closure The adopted Or&nance currently descrtbes the area to be
closed as "AREA TO BE CLOSED 3, 604 68 SQ FT (0 083 AC)" The apphcant ts requesting to reduce the
area to be closed to 3,589 47 SQ FT (0 082 AC) The apphcant and ctty staff concur that theplat should
be revtsed to draw the southern boundary of the street closureperpen&cular across the rtght of way, thereby
reductng the area to be closed by 15 21 SQ FT (0 001 AC) The mo&ficatton of area requested by the
apphcant wtll correct an error on the plat and wtll only reduce the area of the street closure by
approxtmately 15 square feet
November 12, 2002
- 48-
Item V-J.2 b.
PLANNING
ITEM # 50414 (Continued)
Voting
10-0 (By ConsenO
Councd Members Votzng Aye
Margaret L Eure, Lores R Jones, Reba S McClanan, Rtchard A Maddox,
Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Ron A.
Vdlanueva, Rosemary Wdson and James L Wood
Councd Members Voting Nay
None
Councd Members Absent
None
November 12, 2002
Item V-J. 2 c.
- 49-
PLANNING
ITEM # 50415
Upon motton by Counctlman Jones, seconded by Counctl Lady Wdson, Ctty Counctl EXTENDED
COMPLIANCE FOR 90 DAYS TO MARCH 26, 2003, of a UNITED JEWISH FEDERATION of
TIDEWATER {approved November 2 7, 2001, with rune condtttonsJ in the matter of the discontinuance,
closure and abandonment ora portton of Morrts Avenue and Katte Brown Drtve
Apphcatton of UmtedJewtsh Federatton of Tidewater for extenston of the
date for sattsfytng condtttons tn the matter of the dtsconttnuance, closure
and abandonment of a portton of Morrts Avenue and a portton of Katte
Brown Drive Satd parcels contains 29, 544 square feet and 36, 341 square
feet respecttvely DISTRICT 2 - KEMPSVILLE
The followtng condtttons shall be reqmred
The Ctty Attorney's Office wtll make the final determtnatton
regarding ownershtp of the underlytngfee The purchase prtce
to be patd to the City shall be determined accor&ng to the Pohcy
Regar&ng Purchase of Ctty's Interest tn Streets Pursuant to
Street Closures, approved by Ctty Counctl Coptes of the pohcy
are avatlable tn the Planntng Department
Apphcant must secure title to all porttons of Katte Brown Drtve
currently owned by the Commonwealth of Vtrgtnta (as to a
portton of the cul-de-sac) and Eugene Taylor, Jr and Anne
Taylor, as well as the Ctty of Vtrgtnta Beach
The apphcant must secure tttle to all porttons of Morrts Avenue
currently owned by the Commonwealth of Vtrgtnta (as to a
portton of the cul-de-sac), Edwtn B Ltndsley, Wtlham Albrttton
or hts descendants (as to a portion of the cul-de-sac) as well as
the Ctty of Vtrgtnta Beach
Formal wrttten consent must be provtded by the adjacent
property owner on Katte Brown Drtve, Mr Edwin B Ltndsley,
stattng hts agreement to thts street closure and alternattve access
to hts property
Formal wrttten consent must be provided by the adjacent
property owners on Morrts avenue, Mr W Letgh Ansell and Mr
Edwin B Ltndsley, stattng thetr agreement to thts street closure
and alternative access to thetr property
The apphcant ts required to resub&vtde the property and vacate
internal lot hnes to tncorporate the closed area tnto the
adjotntngparcels Theplat must be submttted and approved for
recordatton prtor to final street closure approval
Alternattve access must be provtded on the street closure plat for
the properties tdenttfied as GPIN #1467-82-7483 (Edwin B.
Lmdsley), GPIN#1467-92-1260, 1467-92-1213, 1467-92-8268
(Edwin B Lmdsley), and GPIN # 1467-92-1208 (Ansell w Letgh,
et aO
The apphcant ts requtred to vertfy that no prtvate utthttes extst
wtthtn the rtght-of-way proposed for closure Prehmtnary
comments from the utthty compames tn&cate that there are no
prtvate utthttes wtthtn the rtght-of-way proposed for closure If
prtvate uttltttes do extst, easements sattsfactory to the utthty
company, must be provtded
November 12, 2002
Item V-d. 2 e.
- 50-
PLANNING
ITEM # 50415 (Continued)
Closure of the rtght-of-way shall be contmgent upon comphance
wtth the above stated condtttons wtthtn ninety (90) days of thts
approval by Ctty Counctl on November 12, 2002 If the
condtttons noted above are not accomphshed and the final plat
ts not approved wtthtn mnety (90) days (2/11/03) of the City
Counctl vote to close the rtght-of-way thts approval shall be
constdered null and votd
Vottng 10-0 (By ConsenO
Councd Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, RtchardA Maddox,
Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A
Vtllanueva, Rosemary Wtlson and James L Wood
Council Members Voting Nay
None
Counctl Members Absent
None
November 12, 2002
- 51 -
Item V-d.3.
PLANNING
ITEM # 50416
Upon motton by Counctlman Jones, seconded by Counctl Lady Wtlson, Ctty Councd ADOPTED Ordtnance
upon apphcatton of CHARITY UNITED METHODIST CHURCH re a Condtttonal Use Permtt
ORDINANCE UPON APPLICATION OF CHARITY UNITED
METHODIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A
CHURCH EXPANSION AND PRESCHOOL RO110231053
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon Apphcatton of Chanty Umted Methochst Church for a
Condtttonal Use Permtt for a church expansion and preschool at the
northeast and northwest corners of Chartty Neck Road and Gum Bridge
Road (GPIN 2411547132, 2411632857) Satd parcel ts located at 4080
Chartty Neck Road and contatns 3 58 acres DISTRICT 7- PRINCESS
ANNE
The followtng con&ttons shall be requtred
The property shall be developed as shown on the stte plan
entttled, "Concept Plan for Chartty Untted Methodtst Church"
dated September 23, 2002 by Gallup Surveyors and Engtneers
In the locattons shown on the plan, street frontage landscaptng
shall be tnstalled to meet current plant spectficattons Shrubs
shall be matntamed no htgher than three feet tn areas where
stte vtstbthty ts compromtsed [ntertor parktng lot landscaptng
shall be added to the parktng area to meet current requtrements.
Credtt can be gtven for extsttng trees tn thts area The exact
spectficattons shall be determtned durtng the detatled stte plan
revtew process
Theproposed two-story addttton shall be constructed as depicted
on the elevatton entttled, "Chartty Untted Methodist Church,
Church School Addttton "dated 10/30/01 The extertor matertals
shall be red brtck to match the extsttng butldtng
The design, matertals, and colors of the proposed "Famtly Ltfe
Center "shall be subject to revtew and approval by the Planmng
Dtrector or Destgnee
This Ordtnance shall be effecttve tn accordance wtth Sectton 107 O0 of the Zontng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgtma Beach, Vtrgtma, on the Twelfth of November, Two Thousand
Two
Vottng 10-0 (By Consent)
Counctl Members Voting Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox,
Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A
Vtllanueva, Rosemary Wtlson and James L Wood
Council Members Vottng Nay
None
Counctl Members Absent
None
November 12, 2002
- 52 -
Item V-J. 4.
PLANNING
ITEM tt 50417
The following spoke tn OPPOSITION:
Betty Btddle, 4797 Marlborough 23464, Phone 467-4465
Lydta Katser, 3908 Rokedy Avenue, Chesapeake 23325, Phone 523-9822
Upon motion by Councdman Jones, seconded by Councd Lady Wdson, Ctty Councd ADOPTED Ordtnance
upon apphcatton of THAO L. NGUYEN for a Condtttonal Use Permtt re a church:
ORDINANCE UPON APPLICATION OF THAO L NGUYEN FOR A
CONDITIONAL USE PERMIT FOR A CHURCH ROI 10231054
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Orchnance upon Apphcatton of Thao L Nguyen for a Con&ttonal Use
Permit for a church on certatn property located on the east stde of Prtncess
Anne Road, 208 71 feet south of Green Meadows Drtve (GPIN
1476435202) Satd parcel contatns 1 acre more or less DISTRICT2 -
KEMPSVILLE
The followtng con&ttons shall be reqmred
1 The fence surroundtng the courtyardshall be no more than four
feet tn height
The destgn and matertals for the fence surrounding the courtyard
and the gate shall be submttted to the Planntng Dtrector for
approval during detaded stte plan revtew
The landscape plan shall be revtsed to tnclude a planttng area at
least five (5) feet in wtdth planted with low shrubs and/or small
trees between the fence and Prtncess Anne Road
No extsttng vegetatton shall be removed from the buffer areas
untd afield inspection ts performed to determtne the locattons
for supplemental planttngs o f Japanese black ptne as spectfied
A separate hghttngplan shall be submttted aspart of the detaded
stte plan for review by the Pohce Department for Crtme
Preventton Through Envtronmental Destgn elements Ltghtpoles
shall not be more than fourteen (14)feet tn hetght
The radtt on the south stde of the entrance shall be tncreased to
35 feet mtntmum and the north stde of the entrance shall be
tncreased to 25feet mtntmum
Wtth the exception of condtttons 1-6 above, the site shall be
developed tn substanttal accordance wtth the stte plan entttled
"Prehmtnary Stte Plan for Tin Hau Assoctatton on Princess
Anne Road" dated September 25, 2002 and prepared by Burgess
& Ntple A copy of thts site plan has been exhtbtted to Ctty
Counctl and ts on file tn the Planning Department.
8 No vehicles shall beparked tn the grassed area shown for future
Phase Il parktng at any ttme
9 No regularly scheduled events or assembhes shall be held at the
shrtne
November 12, 2002
Item V-J. 4.
PLANNING
- 53 -
ITEM # 50417 (Continued)
10
11
The butldtng and courtyard shall be developed tn substanttal
accordance wtth the archttectural elevattons entitled "Shrtne
Sketch Ttn Hau Assoctatton Prtncess Anne Road" prepared by
Porterfield Destgn Center A copy of the elevation has been
exhtbtted to Ctty Counctl and ts on file tn the Planning
Department
The stgn shall be monument t_¥pe of stmtlar butldtng matertals tn
accordance wtth the Ctt_¥ 's stgn ordtnance
Thts Ordtnance shall be effecttve tn accordance with Sectton 107 09 of the Zomng Or&nance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twelfth of November, Two Thousand
Two
Vottng 10-0 (By ConsenO
Counctl Members Votmg Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox,
Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A.
Vtllanueva, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
November 12, 2002
- 54 -
Item V-J. 5.
PLANNING
ITEM # 50418
Upon motton by Councilman Jones, seconded by Councd Lady Wtlson, City Counctl ADOPTED Ordtnance
upon apphcatton of NEWLIFE PRESBYTERIAN CHURCH for a Condtttonal Use Permtt
ORDINANCE UPON APPLICATION OF NEW LIFE PRESBYTERIAN
CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH
EXPANSION R0110231055
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon Apphcatton of New Life Presbyterian Church for a
Conchttonal Use Permtt for a church expanston on the west stde of Dam
Neck Road, 750 feet more or less north of Monet Drtve (GPIN
149503684 7) Satd parcel ts located at 3312 Dam Neck Road and contatns
6 3 acres DISTRICT 3 - ROSE HALL
The followtng condtttons shall be reqmred
The apphcant shall obtatn all necessary permtts, tnspecttons and
a Certtficate of Occupancy from the Permtts and Inspecttons
Dtvtston of the Planmng Department prtor to occupytng the
modular umt (trader) If mtertor alterattons do not vtolate the
mdustrtahzed butldtng cert~catton of the untt, then the untt shall
comply wtth approprtate sound attenuatton measures for the 70
to 75 AICUZ
2 Sktrttng of a neutral color shall be installed around the base of
the modular untt (trader)
Category I screemng shall be tnstalled around the base of the
modular untt (tratler) except for necessary tngress/egress
openings
4 The modular umt (trader) ts approved for apertod not to exceed
five (5) years
This Ordtnance shall be effective tn accordance wtth Sectton 107 (/) of the Zoning Ordinance
Adopted by the Counctl of the Ctty of Vtrgmta Beach, Vtrgmta, on the Twelfth of November, Two Thousand
Two
Vottng 10-0 (By Consent)
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox,
Mayor Meyera E Oberndorf Jim Reeve, Peter W Schmtdt, Ron A
Vtllanueva, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
November 12, 2002
- 55 -
Item V-J. 6.
PLANNING
ITEM # 50419
Upon motton by Counctlman Jones, seconded by Counctl Lady Wilson, Ctty Councd ADOPTED Ordinance
upon apphcatton orA. J. VENTURES, INC. for a Conchttonal Use Permtt
ORDINANCE UPON APPLICATION OF A J VENTURES, INC FOR A
CONDITIONAL USE PERMIT FOR A CARWASH RO110231056
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon Apphcatton of A J Ventures, Inc for a Con&ttonal Use
Permtt for a carwash on the south stde of Shore Drtve, 550feet more or
less, west of Treasure Island Drive (GPIN 1479870621) Satd parcel ts
located at 4357 Shore Drtve and contatns 34,630 square feet DISTRICT
4 - BA YSIDE
The followtng conchttons shall be reqmred
The stte shall be re-developed substanttally as deptcted on the
stte plan entitled, "Prehmtnary &te Plan Coastal Water Works
for A d Venture Inv "dated June 17, 2002 by Burgess & Ntple
Landscaptng shall be installed as depicted on the stte plan
referenced above In addttton to the landscaping shown on the
plan, addtttonal Iandscaptng shall be provtded tn the center
landscape island, the pervtous area on the northern stde of the
butldmg, and the foundatton area on the western side of the
butldtng Plant matertals for all new landscaptng shall be
chosen from the recommendedplant matertals hst from the Shore
Drtve Corrtdor Plan
The bud&ng shall be reconstructed as deptcted tn the elevations
entttled, "Draft North Elevatton of Coastal Waterworks for A J
Ventures, Inc" and "Draft West Elevatton of Coastal
Waterworks forA J Ventures, Inc "dated 6-17-02 by Porterfield
Destgn Center A structure destgned to stmulate the butldtng
deptcted tn the elevattons shall be constructed around the
vacuum center
The extsttng nonconformmgfreestan&ng stgn shall be removed
The new freestan&ng stgn shall be an externally tllumtnated
monument style sign no more than etght (8)feet tn hetght and
wtdth The base of the stgn shall be constructed of the same
colors and matertals as the butldtng Indivtdual letter hetght
shall not exceed 12 mches Butldtng stgnage shall comply wtth
the Shore Drtve Corrtdor Destgn Gutdehnes
5 Hours of operatton shall be hmtted to 8 30 a m. to 8 30 p m.
everyday
No water produced by acttvtttes on the zontng lot shall be
permitted to fall upon or dratn across pubhc streets or stdewalks
or adjacent properties
Auto detathng, other than vehicle wtpe-down and window
washtng, shall take place wtthtn the butldtng tn the detatl bays
Garage doors shall be closed at all ttmes except for transporttng
vehtcles tnto and out of the bays
8 No auto repatr beyond vehicle washtngshall takeplace on the stte
Thts Ordtnance shall be effecttve tn accordance wtth Section 107 (]) of the Zomng Or&nance
Adopted by the Council of the Ctty of Vtrgtma Beach, Vtrgtnta, on the Twelfth of November, Two Thousand
Two
November 12, 2002
- 56-
Item V-J. 6.
PLANNING
ITEM # 50419 (Continued)
Vottng 10-0 (By ConsenO
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rwhard A Maddox,
Mayor Meyera E Oberndorf Jtm Reeve, Peter W. Schmtdt, Ron A
Vtllanueva, Rosemary Wilson and James L Wood
Counctl Members Vottng Nay
None
Councd Members Absent
None
November 12, 2002
-57-
Item V-J. 7.
PLANNING
ITEM # 50420
Upon motton by Counctlman Jones, seconded by Counctl Lady Wtlson, City Counctl ADOPTED Ordtnance
upon apphcatton of PRINCESS ANNE COUNTRY CLUB for a Condtttonal Use Permtt
ORDINANCE UPON APPLICATION OF PRINCESS ANNE COUNTRY
CLUB FOR A CONDITIONAL USE PERMIT R 011023105 7
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon Apphcatton of Prtncess Anne Country Club for a
Condtttonal Use Permtt for a golf cart storage facthty on the northeast
corner of Holly Road and Ltnkhorn Drtve (GPIN 2418848585,
2418659235) Satd parcel contatns 16,988 square feet DIST.'CT .5 -
r x~rxrrr ~,,.~TDISTRICT6 BEACH
1-~11 ¥1¥11z'1 g .~11¥ --
The followtng conchttons shall be reqmred
Foundatton landscaptng shall be tnstalled along the enttre
budding facade and screen/wall factng Holly Road Thts plant
matertal must be a mtntmum of etghteen (18) tnches in hetght at
the ttme of tnstallatton and planted at no greater a &stance than
four (4)feet on center Satd landscaptng shall be depicted on
etther the final stte plan or on a separate landscape plan to be
submttted to the Development Servtces Center for revtew
No repatr, washtng, storage or matntenance of golf carts or any
other vehtcles shall be performed outrode the hmtts of the
screened area deptcted on the concept plan
The storage of hazardous, flammable or combusttble materials
on site, such as waste ods and petroleum products, shall comply
wtth the provtstons of the Vtrgtnta Statewtde Ftre Preventton
Code
4 All wastewaterfrom cart washtng shall be chsposed ofaccordtng
to federal, state and local gutdehnes
5 A Certtficate of Occupancy shall be obtatnedfrom the Butldtng
Offictal's Office prtor to occupancy
When the property ts developed, the butl&ng shall be constructed
tn substanttal conformance wtth the elevattons entttled,
"Prtncess Anne Country Club, Cart Barn, Ltnkhorn Elevatton,
Holly Road Elevatton, North Elevatton,& East Elevatton,"
prepared by Dtedrtch/NBA-Archttects, dated August 15, 2002,
whtch have been presented to the Ctty Counctl and are on file tn
the Department of Planntng
The two (2) extsttng mature trees along the northern property
hne shall be preserved These trees shall be deptcted on the final
stte plan and adequately protected durtng constructton of the
proposed facthty
Thts Ordtnance shall be effecttve tn accordance with Sectton 107 (jr) of the Zomng Ordinance
Adopted by the Counctl of the Ctty of Vtrgmta Beach, Vtrgtnta, on the Twelfth of November, Two Thousand
Two
November 12, 2002
- 58-
Item V-d. 7.
PLANNING
ITEM # 50420
Vottng 10-0 (By Consent)
Councd Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, RtchardA Maddox,
Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A
Vtllanueva, Rosemary Wtlson and James L Wood
Counctl Members gottng Nay
None
Counctl Members Absent
None
November 12, 2002
- 59-
Item V-J.&
PLANNING ITEM # 50421
The followtng regtstered tn SUPPORT:
Jantce L Rowley, 808 Summerset Lane, Phone 486-7370 Petttton tn SUPPORTchstrtbuted by Mrs Rowley
ts hereby made a part of the record
Karen Sttllwell, 800 Summerset Lane, Phone 431-0156
Alex Rowley and Andrew Sttllwell, sons and parttctpants on the skateboard ramp
The followtng regtstered tn OPPOSITION:
Carroll Dohrn, 301 Lots Street, Dtrector of Zontngfor Ktng's Grant Ctvic League Mr Dohrn
chstrtbuted Pettttons tn OPPOSITION, whtch are hereby made a part of the record
Al Wallace, 4601 Chtppendale Court 23455, Phone 497-2187, Prestdent of Council of Ctvtc Organtzattons
Dorothy Anderson, 3000 Mayvtew Place, Phone 486-4165, Prestdent- Ktng's Grant Ctvtc League
A MOTION was made by Counctlman Wood, seconded by Council Lady Wtlson to DENY an Ordtnance
upon apphcatton of J,4NICE L. ROgYLEY for a Conchttonal Use Permtt re a recreattonal use of an outdoor
nature (skateboard ramp)
,4 SUBSTITUTE MOTION was made by Counctlman Vtllanueva, seconded by Counctlman Schmtdt to
DEFER to allow the Ctvtc League to meet and vote re the skateboard ramp There wtll be no acttvtty on
the ramp unttl the League reaches a dectston Counctlman Vtllanueva I'I"ITHDREYt'his morton
Upon morton by Counctlman }Food, seconded by Counctl Lady Wtlson, Ctty Council DENIED an Ordtnance
upon apphcatton of J,4NICE L. ROgYLEY for a Condtttonal Use Permtt re a recreattonal use of an outdoor
nature (skateboard ramp)
ORDINANCE UPON APPLICATION OF JANICE L ROWLEY FOR A
CONDITIONAL USE PERMIT FOR A RECREATIONAL USE OF AN
0 UTDOOR NATURE (SKATEBOARD RAMP)
Ordtnance upon Apphcatton of Jantce L Rowley for a Condtttonal Use
Permttfor a recreattonal use of an outdoor nature (skateboard ramp) on
the east stde of Summerset Lane, 227 74feet south of New Castle Road
(GPIN 14888209082) Satd parcel ts located at 808 Summerset Lane and
contatns 15,225 square feet DISTRICT 5 - LYNNHA VEN
Vottng 6-4
Counctl Members Vottng Aye
Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Mayor
Meyera E Oberndorf, Rosemary Wilson and James L Wood
Counctl Members Voting Nay
Rtchard A Maddox, Jtm Reeve, Peter W Schmtdt and Ron A l,'tllanueva
Counctl Members Absent
None
November 12, 2002
SKATEBOARD PETITION
I I I
You here by agree that the skateboard ramp in the backyard of 808 Summerset
Lane shall be allowed to remain there You also agree to the rules that are posted on the
fence leading into the backyard You also agree to tell the residem's (the Rowley family)
about any requests or problems dealing with the skateboard ramp
By signing this petition you grant permission to allow the ramp to remain at above
said address
!
PETITION ~~
SIC4~~OARD RAMP-
ON 808 SUMMERSET DroVE
KINGS GRANT CIVIC LEAGUE
PETITION OPPOSING THE CONDITIONAL USE PERMIT
FOR A LARGE SKATEBOARD RAMP AT 808 SOMERSET
LANE.
_ IlL
PETITION~ ~_ SKA;I'E~OARD RAMP
ON 808~SUMMERSET DRIVE
NAME
ADDRESS
KINGS GRANT CIVIC LEAGUE
PETITION OPPOSING THE CONDITIONAL USE PERMIT
FOR A LARGE SKATEBOARD RAMP AT 808 SOMERSET
LANE.
KINGS GRANT CIVIC LEAGUE
PETITION OPPOSING THE CONDITIONAL USE PERMIT
FOR A LARGE SKATEBOARD RAMP AT 808 SOMERSET
LANE.
KINGS GRANT CIVIC LEAGUE
PETITION OPPOSING THE CONDITIONAL USE PERMIT
FOR A LARGE SKATEBOARD RAMP AT 808 SOMERSET
LANE.
~ J L I I. ~ _ j I IL II
KINGS GRANT CIVIC LEAGUE
PETITION OPPOSING THE CONDITIONAL USE PERMIT
FOR A LARGE SKATEBOARD RAMP AT 808 SOMERSET
/ LANE. ~.~
KINGS GRANT CIVIC LEAGUE
PETITION OPPOSING THE CONDITIONAL USE PERMIT
FOR A LARGE SKATEBOARD RAMP AT 808 SOMERSET
LANE.
KINGS GRANT CIVIC LEAGUE "~o axto 6- .Sc, p~/~l':~iaf,.
PETITION OPPOSING THE CONDITIONAL USE PERMIT .-~ b~ra
FOR A LARGE SKATEBOARD RAMP AT 808 SOMERSET
LANE.
7
PETICI'iONj~i~ SKATEBOARD RAMP
ON 805 S'UMMERSET DRIVE
NAME
ADDRESS
c
NAME
PETITION-~ 'SKATEBOARD RAMP
ON 808 SUMMERSET DRIVE
. ~DDR
- 60 -
Item V-J. 9.
PLANNING
ITEM # 50422
Upon motion by Councilman Jones, seconded by CounctI Lady Wilson, Ctty Counctl ADOPTED Ordtnance
upon apphcatton of TRITON PCS, INC for a Condtttonal Use Permit for a 125foot monopole/stadtum
hght
ORDINANCE UPON APPLICATION OF TRITON PCS, INC FOR A
CONDITIONAL USE PERMIT FOR A 125 FOOTMONOPOLE/STADIUM
LIGHT ROI 1023108
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordmance upon Apphcatton of Trtton PCS, Inc for a Condtttonal Use
Permtt for a 125foot monopole/stadmm hght on the northwest corner of
North Great Neck Road and Shorehaven Drive (GPIN 1499818657) Satd
parcel ts located at 2425 Shorehaven Drtve and contatns 49 995 acres
~,,o ~ ~ ~ , ., - ,~ ~,o~ , ,~ ,~ DISTRICT5 - L YNNHA VEN
The followtng condtttons shall be reqmred
The proposed tower and support buddtng shah be developed tn
substanttal accordance wtth the stte plan entttled "Triton ~ Cox
Htgh School" prepared by Lewts White and Assoctates, dated
03/18/02 A copy of the plan has been presented to Ctty Counctl
and ts on file tn the Planntng Department
2 The proposed tower and equtpment shed shall be destgned to
accommodate two (2) users
The proposed tower shah not exceed 125 feet tn overall hetght
and shall be a spun concrete pole that meets or exceeds the
structural crtterta tn the Zontng Ordtnance Antennae on the
tower shall be flush mounted at or near the elevation shown on
the submttted plan
Prior to construction, the apphcant shall provtde City staff wtth
a letter from a hcensed structural engtneer stattng that the tower,
with the planned flush mounted antenna arrays and the stadtum
hght fixture, meets the structural standards estabhshed by the
Electronics Industry Association and the local Bmldtng Code
In addttton to the NIER letter filed wtth thts apphcatton, the
apphcant shall also provtde a letter from a hcensed racho
frequency engmeer nottng that the cumulattve non-tontztng
electromagnettc radtatton emttted from the tower does not
exceed, at ground level or at any potnt wtthtn the bleacher area,
the lowest apphcable standards estabhshed by the federal
government or the Amertcan Nattonal Standards Instttute
Unless a watver ts obtatned from the Ctty of Vtrgtnta Beach
Department of Commumcattons and Informatton Technology
(COMIT), a radto frequency emtsstons study (RF study),
conducted by a quahfied engtneer hcensed to practtce tn the
Commonwealth of Vtrgtnta, showtng that the tntended user(s)
wtll not mterfere wtth any Ctty of Vtrgtnta Beach emergency
communtcattons facthttes, shah be provtded prtor to stte plan
approval for the ortgtnal tower and all subsequent users
In the event interference wtth any Ctty emergency
commumcattons facthttes artses form the users of thts tower, the
user(s) shall take all measures reasonably necessary to correct
and ehmtnate the mterference If the tnterference cannot be
ehmtnated wtthtn a reasonable ttme, the user shall cease
operatton to the extent necessary to stop the tnterference
November 12, 2002
Item V4.9.
PLANNING
- 61 -
ITEM # 50422 (Continued)
In the event antennae on the tower are tnacttve for a pertod of
two (2) years, the tower shall be removed at the apphcant's
expense and replaced wtth a hght pole to match the other hght
poles tn place at thts stachum
Thts Or&nance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgima Beach, Vtrgtnta, on the Twelfth of November, Two Thousand
Two
Vottng 10-0 (By Consent)
Council Members Voting Aye
Margaret L Eure, Loms R Jones, Reba S McClanan, Rtchard A Maddox,
Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A
Vtllanueva, Rosemary Wilson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
November 12, 2002
Item V-K. 1.
ELECTION OF VICE MA YOR
ITEM # 50423
Mayor Oberndorf requested NOMINATIONS FOR VICE MA YOR.
Counctlman Reeve NOMINA TED Margaret L. Eure - Centerville - District 1
Counctlman Schmtdt NOMINA TED Rosemary Wilson - At-Large
The first can&date to recetve stx (6) votes, accordtng to Parhamentary Procedure, shall be elected Vtce
Mayor
Vottng 4-4
Councd Members Voting Aye for Counctl Lady Eure
Margaret L Eure, Louts R Jones, Richard A Maddox and Jim Reeve
Counctl Members Vottng Nay for Counctl Lady Eure
Mayor Meyera E Oberndorf, Peter W Schmtdt Rosemary Wtlson and
James L Wood
Counctl Members Abstatntng
Reba S McClanan and Ron A Vtllanueva,
Counctl Members Absent
None
(City Council ELECTED THE VICE MAYOR PRIOR TO THE VOTE ON PLANNING ITEM J. 8
(ROWLEF)
November 12, 2002
Item V-K.2.
ELECTION OF VICE MA YOR
ITEM # 50424
The first can&date to receive six (6) votes, accor&ng to Parhamentary Procedure, shall be elected Vice
Mayor
Vottng 4-4
Counctl Members Vottng Aye for Counctl Lady Wtlson
Mayor Meyera E Oberndorf, Peter W Schmtdt Rosemary Wtlson and
James L Wood
Councd Members Vottng Nay for Counctl Lady Wtlson
Margaret L Eure, Louts R Jones, Richard A Maddox and Jim Reeve
Counctl Members Abstatntng
Reba S McClanan and Ron A Vtllanueva,
Counctl Members Absent
None
November 12, 2002
Item V-K. 3.
ELECTION OF VICE MA YOR
ITEM # 50425
There betng no electron due to the lack of stx affirmative votes, Mayor Oberndorf requested
NOMINATIONS FOR VICE MA YOR.
Counctlman Vtllanueva NOMINA TED Louis R. Jones - Bayside - District 4
Councilman Schmtdt NOMINATED Rosemary Wilson -At-Large
Counctlman Reeve NOMINA TED Margaret L. Eure - Centerville - District 1
The first can&date to recetve stx (6) votes, accor&ng to Parhamentary Procedure, shall be elected Vice
Mayor
Vottng 5-5
Counctl Members Vottng Aye for Counctlman Jones
Louts R Jones, Reba S McClanan Rtchard A Maddox, Mayor Meyera E
Oberndorf and Ron A Vtllanueva,
Counctl Members Votmg Nay for Counctl Lady Eure
Margaret L Eure, Jtm Reeve, Peter W Schmtdt Rosemary Wilson and
James L Wood
Counctl Members Absent
None
November 12, 2002
Item V-K. 4.
ELECTION OF VICE MA YOR
ITEM # 50426
Vottng 4-4
Council Members Vottng Aye for Council Lady Wdson
Mayor Meyera E Oberndorf, Peter W Schmtdt Rosemary Wtlson and
James L Wood
Counctl Members Vottng Nay for Counctl Lady Wtlson
Margaret L Eure, Louts R Jones, Rtchard A Maddox and Jtm Reeve
Counctl Members Abstatntng
Reba S McClanan and Ron A Vtllanueva,
Councd Members Absent
None
November 12, 2002
- 66-
Item V-K. 5.
ELECTION OF VICE MA YOR
ITEM # 5042 7
Vottng 3-5
Councd Members Vottng Aye for Councd Lady Eure
Margaret L Eure, Rtchard A Maddox and dtm Reeve
Counctl Members Vottng Nay for Counctl Lady Eure
Louts R Jones, Mayor Meyera E Oberndorf, Peter W Schmtdt, Rosemary
Wdson and James L Wood
Councd Members Abstatntng
Reba S McClanan and Ron A Vtllanueva,
Councd Members Absent
None
November 12, 2002
- 67-
Item V-K. 6.
ELECTION OF VICE MA YOR
ITEM # 50428
There betng no electron due to the lack of stx affirmattve votes, Mayor Oberndorf called for
NOMINATIONS FOR VICE MA YOR.
Upon NOMINATION by Councdman Wood, and unantmous vote, Cay Counctl ELECTED:
Louis R. Jones.
Bayside - District 4
Vice Mayor
Vottng 10-0
Counctl Members Vottng Aye
Margaret L Eure*, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron
A Vtllanueva, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
Counctl Lady Eure changed her ABSTENTION to a VERBAL A YE
November 12, 2002
Item V-L.I.
APPOINTMENTS
ITEM # 50429
B Y CONSENSUS, Ctty Councd RESCHEDULED thefollowtng APPOINTMENTS
FRANCIS LAND HOUSE BOARD OF GOVERNORS
November 12, 2002
- 69-
Item V-L. 2
APPOINTMENTS
ITEM # 50430
Upon NOMINATION by Counctlman Maddox, Ctty Council APPOINTED:
Charles & Kiley
3 year term
11/01/02 - 08/31/05
PARKS AND RECREATION COMMISSION
Vottng l O-O
Counctl Members Vottng Aye
Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard
A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt,
Ron A Vtllanueva, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
November 12, 2002
- 70-
Item V-L.3.
APPOINTMENTS
ITEM # 50431
Upon NOMINATION by Counctlman Wood, Ctty Counctl APPOINTED:
Katherine K. Katsias
Lynnhaven - District 5
4 year term
01/01/03 - 12/31/06
PLANNING COMMISSION
Vottng 10-0
Councd Members Votmg Aye
Margaret L Eure, I/tce Mayor Louts R Jones, Reba S McClanan, Rtchard
A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt,
Ron A Vtllanueva, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Council Members Absent
None
November 12, 2002
- 71 -
Item V-M. 1.
NE W BUSINESS
ITEM ii 50431
B Y CONSENSUS, City Council ADDED/DIRECTED CITY CLERK TO RECORD:
Abstract of Votes in General Election November 5, 2002
November 12, 2002
Item V-N.I.
ADJOURNMENT
ITEM # 50432
Mayor Meyera E Oberndorf DECLARED the Ctty CounctI Meeting ADJOURNED at 7:45 P.M.
Chtef Deputy Ctty Clerk
Ctty Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrgtnta Beach
Vtrgtnta
November 12, 2002