HomeMy WebLinkAboutAUGUST 13, 2002 MINUTESCITY OF VIAGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E OBERNDORF, At -Large
VICE MAYOR ROBERT C MANDIGO, JR , Ketnpsvtlle - District 2
MARGARET L EURE Centerville - District 1
LOUIS R JONES Bayside - District 4
REBA S McCLANAN Rose Hall - District 3
RICHARD A MADDOX Beach - District 6
JIM REEVE Princess Anne - District 7
PETER W SCHMIDT At -Large
ROA' A VILL4NUEVA, At -Large
ROSEMARY WILSON, At -Large
JAMES L WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
JAMES K SPORE City Manager
LESLIE L LILLEY City Attorney
RUTH HODGES SMITH, MMC, City Clerk
CITY HALL BU1LDIly
2401 COURTHOUSE DR
VIRGINIA BEACH, VIRGINIA 234564
PHONE (757) 427 -
FAX (757) 426
E MAIL Ctycncl@vbgov
REVIEW OF AGENDA ITEMS
CITY COUNCIL COMMENTS
INFORMAL SESSION
August 13, 2002
- Conference Room -
- Conference Room -
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
IV FORMAL SESSION
A. CALL TO ORDER
B. INVOCATION:
C.
D.
E
- Council Chamber -
- Mayor Meyera E. Oberndorf
Reverend James R. Wolfcale
Atlantic Shores Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ELECTRONIC ROLL CALL OF CITY COUNCIL
CERTIFICATION OF CLOSED SESSION
3:30 P]
4.:00PP
6:00 Pr.
F. MINUTES
1. INFORMAL AND FORMAL SESSION - August 6, 2002
G. MAYOR'S PROCLAMATION
1. MUSCULAR DYSTROPHY ASSOCIATION'S
FIREFIGHTER APPRECIATION WEEK
August 18-24, 2002
H. PUBLIC HEARING
1. AGRICULTURAL RESERVE PROGRAM (ARP) - 2592 West Landing Road
I. AGENDA FOR FORMAL SESSION
J. ORDINANCES
1. Ordinance to AUTHORIZE MELVIN H. EATON, EATON FIELDS, LLC,
MELVIN H. EATON FAMILY LIMITED PARTNERSHIP and EATON
ASSOCIATES acquisition of an Agricultural Reserve Preservation (ARP) easement at
2592 West Landing Road and issuance of contract obligations in the maximum principal
amount of $542,020. (101.80 acres)
(DISTRICT 7 - PRINCESS ANNE)
2. Ordinance to AMEND §§ 35-253, 35-254, 35-258, 35-259, 35-260, 35-263 and ADD §
35-258.1 of the City Code re administration and collection of local telecommunication
service taxes.
3. Ordinance to APPROPRIATE $37,500 from the Oyster Heritage Trust Fund and
TRANSFER $50,000 from the reserve for contingencies to the Department of
Agriculture's FY 2002-2003 budget re supporting the Lynnhaven Heritage Oyster Plan
and construction of reefs.
4. Ordinance to ACCEPT and APPROPRIATE a $30,000 grant from the Southeastern
Tidewater Opportunity Project, Inc., and; AUTHORIZE the City Manager to enter into a
contract re the STOP Summer Youth Program.
5. Ordinance to APPROPRIATE $14,715 in the Library Gift Fund to the FY 2002-2003
budget of the Public Libraries re additional materials and equipment:
a. Central Library and Branches - $13,000.
b. Special Services for Blind and visually handicapped - $ 600.
c. South Rosemont Youth Library - $ 1,115.
6. Ordinance to AUTHORIZE temporary encroachments into a portion of Pike Inlet Canal
by CHARLES F. and DONNA C. EARP re construction and maintenance of an existing
pier, bulkhead and proposed boat lift at 333 Teal Crescent.
(DISTRICT 7 - PRINCESS ANNE)
K. PLANNING
1. Application of CURTIS E. and RHONDA L. BOWEN for the replacement of a
nonconforming use at 2221 Salem Road, containing 40,000 square feet.
(DISTRICT 1 - CENTERVILLE)
Staff Recommendation: INDEFINITE DEFERRAL
1
2. Application of NELLIE M. SCHUYLER for the expansion of a nonconforming use to
enlarge a single family dwelling in R-40 District Lots 3 and 4, Kings Grant, at 3021 Bray
Road, containing 1.45 acres.
(DISTRICT 5 - LYNNHAVEN)
Recommendation: DENIAL
3. Application of JOHN S. DUDLEY for a Variance to Section 4.4(b) of the Subdivision
Ordinance re all newly created lots must meet the requirements of the City Zoning
Ordinance (CZO) at 1868 and 1872 Malbon Road.
(DISTRICT 7 - PRINCESS ANNE)
Recommendation: APPROVAL
4. Application of VERONICA LITTLE BEASLEY for a Conditional Use Permit for a
family day-care home at Forest Glen Road and Windsor Oaks Boulevard (3901 Forest
Glen Road), containing 10,500 square feet. ( DISTRICT 3 - ROSE HALL)
Recommendation: APPROVAL
5. Applications of HARBOUR DEVELOPMENT CORPORATION, L.L.C. at North
Landing and West Neck Roads, containing 65.1 acres:
(DISTRICT 7 - PRINCESS ANNE)
a. Change of Zoning District Classification from AG -1 and AG -2 Agricultural to
Conditional R-30 Residential re single family lots no less than 30,000 sq. ft.
b. Conditional Use Permit re Open Space Promotion
c. Variance Appeal re certain elements of the Subdivision Ordinance, Section 4.4(b),
that requires all newly created lots meet the requirements of the City Zoning
Ordinance (CZO) and reduce required street width
Recommendation: APPROVAL
6. Application of RANDEE MARIE HOLMES for a Conditional Use Permit for a home
daycare at Blue Knob Road west of Cannan Valley Avenue (1952 Blue Knob Road),
containing 7,500 square feet.
(DISTRICT 1 - CENTERVILLE)
Recommendation: APPROVAL
7. Applications of the CITY OF VIRGINIA BEACH:
a. Modification of a Conditional Use Permit to fill a borrow pit (approved by City
Council on April 27, 1964), located on the north side of the Norfolk -Southern
Railway right-of-way, west of Airstation Drive
(DISTRICT 6 - BEACH)
b. Ordinance to AMEND the City Zoning Ordinance(CZO) re sign regulations in
the B -3A Pembroke Central Business Core District
Recommendation: APPROVAL
L. APPOINTMENTS
CHESAPEAKE BAY PRESERVATION AREA BOARD
DEVELOPMENT AUTHORITY
HUMAN RIGHTS COMMISSION
PARKS AND RECREATION COMMISSION
PERSONNEL BOARD
PUBLIC LIBRARY BOARD
REVIEW AND ALLOCATION COMMITTEE - COIG
SOCIAL SERVICES BOARD
TOWING ADVISORY BOARD
VIRGINIA BEACH/JAMESTOWN 2007 STEERING COMMISSION
M. UNFINISHED BUSINESS
N. NEW BUSINESS
1. ABSTRACT OF CIVIL CASES RESOLVED - July 2002
O. 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)
* * * * * * * * * * *
08/08/02slb
AGENDA\08/ 1 3/02
www.vbgov.corn
1
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
13 August 2002
Mayor Meyera E Oberndorf called to order the AGENDA REVIEW in the City Council Conference Room,
City Hall Building, on Tuesday, August 13, 2002, at 3 30 P M
Council Members Present
Margaret L Eure, Louis R Jones, Reba S McClanan, Richard A Maddox,
Vice Mayor Robert C Mandigo, Jr , Mayor Meyera E Oberndorf Jim
Reeve, Peter W Schmidt, Ron A Villanueva and James L Wood
Council Members Absent
Rosemary Wilson [Emergency at the last moment]
1
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MAYOR'S COMMENTS
ITEM # 49985
3:30 P.M.
Mayor Oberndorf distributed correspondence to Admiral Architzel relative the Draft Environmental
Impact Statement (DEIS) for the Super Hornet aircraft. Said correspondence is hereby made a part of the
record
August 13, 2002
1
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AGENDA REVIEW SESSION
ITEM # 49986
J 1 Ordinance to AUTHORIZE acquisition of an
Agricultural Reserve Preservation (ARP) easement at
2592 West Landing Road and issuance of contract
obligations in the maximum principal amount of $542,020
(101 80 acres) to MELVIN H. EATON, EATON
FIELDS, LLC, MELVIN H. EATON FAMILY
LIMITED PARTNERSHIP and EATON ASSOCIATES
(DISTRICT 7 - PRINCESS ANNE)
Councilman Reeve advised he has been briefed on this particular purchase and is comfortable with the
application Jack Whitney, Director of Agriculture, was in attendance This item will be discussed during
Closed Session, as well as the Formal Session
ITEM # 49987
J 2 Ordinance to AMEND §§ 35-253, 35-254, 35-258, 35-259, 35-
260, 35-263 and ADD § 35-2581 of the City Code re
administration and collection of local telecommunication
service taxes.
Council Lady McClanan expressed concern relative one of the offices auditing itself and requested
additional information Council Lady McClanan wished this item DEFERRED until the City Council
Session of August 27, 2002
The City Manager advised the Commissioner of Revenue is out of the City The Commissioner had requested
if there were any questions, he would like to have the Ordinance deferred to allow his presence when it
is discussed The City Manager advised background information shall be provided
ITEM # 49988
J 4 Ordinance to ACCEPT and APPROPRIATE a $30,000
grant from the Southeastern Tidewater Opportunity
Project, Inc , and, AUTHORIZE the City Manager to
enter into a contract re the STOP Summer Youth
Program
Council Lady Eure expressed concern as the Summer program for Virginia Beach youth is for the period
beginning June 24, 2002, and ending August 16, 2002 Council Lady Eure inquired re the late vote Council
Lady Eure also expressed concern as the organization assumes no liability The City is suppose to be
monitoring the public's funds
Andy Friedman, Director of Housing and Neighborhood Preservation, advised these funds are from
Opportunity, Incorporated The Southeastern Tidewater Opportunity Project, Inc. (STOP) had to receive
a contract from Opportunity, Inc , and this did not occur until June Then the subsequent contract from
STOP has to go through internal city review The contract was not ready to be presented to City Council
until the middle of July As there were no City Council Sessions, the last three weeks in July, this item had
to be scheduled for August 13, 2002 The staff's preference would always be for the contract to be approved
prior to commencement of the program However, with the three levels of government involved, there was
no way to receive the contract any quicker The City does not contribute additional funds to this project
Susan Walston, Chief of Staff, advised this is the first year these Federal Dollars from the Workforce
Investment Act require a year-round youth program Opportunity, Inc , the City's consortium to deal with
workforce development placed an annual contract with the STOP organization for the first time This
includes not only the Summer, but year-round program This caused an extra step required with STOP being
the contracting agency that deals with the localities Last year, a grant was received directly from
Opportunity, Inc.; however, separate grants are no longer allowed for Summer youth programs There is
a Performance and Fiscal Oversight Committee, Co -Chaired by Patricia Phillips, Director of Finance,
which reviews the dynamics of the organization Opportunity, Inc has legal services under contract
Mayor Oberndorf advised the Federal Government has changed the procedures She had previously served
on the Southeastern Virginia Job Training Administration This, too, has been restructured This was the
first year of the restructuring, but future delays are not anticipated
August 13, 2002
1
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AGENDA REVIEW SESSION
ITEM # 49989
J 5 Ordinance to APPROPRIATE $14,715 in the Library Gift
Fund to the FY 2002-2003 budget of the Public Libraries
re additional materials and equipment
a Central Library and Branches - $13,000
b Special Services for Blind and visually handicapped - $ 600
c South Rosemont Youth Library - $ 1,115
Mayor Oberndorf inquired relative a large store across the street from the Central Library with a sign
saying "Book Sale" and whether this involved Friends of the Library
Councilman Villanueva advised this is a private store Council Lady McClanan referenced there was an
advertisement in the newspaper which explained this The Friends of the Library Book Sale is always at
the Pavilion
ITEM # 49990
BY CONSENSUS, the following shall compose the CONSENT AGENDA:
ORDINANCES
J 2 Ordinance to AMEND Os 35-253, 35-254, 35-258, 35-
259, 35-260, 35-263 and ADD § 35-2581 of the City Code
re administration and collection of local
telecommunication service taxes
J 3 Ordinance to APPROPRIATE $37,500 from the Oyster
Heritage Trust Fund and TRANSFER $50, 000 from the
reserve for contingencies to the Department of
Agriculture's FY 2002-2003 budget re supporting the
Lynnhaven Heritage Oyster Plan and construction of
reefs
J 4 Ordinance to ACCEPT and APPROPRIATE a $30,000
grant from the Southeastern Tidewater Opportunity
Project, Inc , and, AUTHORIZE the City Manager to
enter into a contract re the STOP Summer Youth
Program
J 5 Ordinance to APPROPRIATE $14, 715 in the Library Gift
Fund to the FY 2002-2003 budget of the Public Libraries
re additional materials and equipment
a Central Library and Branches - $13, 000
b Special Services for Blind and visually handicapped - $ 600
c South Rosemont Youth Library - $ 1,115
J 6 Ordinance to AUTHORIZE temporary encroachments
into a portion of Pike Inlet Canal by CHARLES F. and
DONNA C. EARP re construction and maintenance of an
existing pier, bulkhead and proposed boat lift at 333 Teal
Crescent
(DISTRICT 7 - PRINCESS ANNE)
Item J 2 will be DEFERRED, BY CONSENT, until the City Council Session of August 27, 2002
August 13, 2002
1
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AGENDA REVIEW SESSION
ITEM # 49991
K1. Application of CURTIS E. and RHONDA L. BOWENfor
the replacement of a nonconforming use at 2221 Salem
Road, containing 40,000 square feet.
(DISTRICT 1 - CENTER VILLE)
Council Lady Eure advised INDEFINITE DEFERRAL has been requested for this item.
ITEM # 49992
K2. Application of NELLIE M. SCHUYLER for the
expansion of a nonconforming use to enlarge a single
family dwelling in R-40 District Lots 3 and 4, Kings
Grant, at 3021 Bray Road, containing 1.45 acres
(DISTRICT 5 - LYNNHA VEN)
This item will be discussed during the Formal Session
ITEM # 49993
K 4. Application of VERONICA LITTLE BEASLEY for a
Conditional Use Permit for a family day-care home at
Forest Glen Road and Windsor Oaks Boulevard (3901
Forest Glen Road), containing 10,500 square feet.
(DISTRICT 3 - ROSE HALL)
Council Lady McClanan wished to confer with Mrs Beasley relative additional conditions. Council Lady
McClanan will request the following conditions be REVISED
1. The Conditional Use Permit shall be for a period of
eighteen (18) months initially and if there are no
complaints the application will be administratively
extended.
2 The home Daycare shall be limited to a total of +0 eight
(8) children other than children living in the home There
shall be no more than fire four (4) children under the age
of 2/2 in the home at one time.
5 A fence shall be installed in the rear yard to create an
enclosed play area The fence must be sufficient to
protect the children and built according to City
standards.
ITEM # 49994
K 5 Applications of HARBOUR DEVELOPMENT
CORPORATION, L.L.C. at North Landing and West Neck
Roads, containing 65 1 acres
(DISTRICT 7 - PRINCESS ANNE)
a. Change of Zoning District Classification from AG -1 and
AG -2 Agricultural to Conditional R-30 Residential re
single family lots no less than 30,000 sq ft
b Conditional Use Permit re Open Space Promotion
c Variance Appeal re certain elements of the Subdivision
Ordinance, Section 4 4(b), that requires all newly created
lots meet the requirements of the City Zoning Ordinance
(CZO) and reduce required street width
Councilman Reeve advised the applicant requested a sixty day (60) DEFERRAL Councilman Reeve will
make a statement during the Formal Session re Harbour Development Corporation, L.L C
August 13, 2002
1
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AGENDA REVIEW SESSION
ITEM # 49995
7 Application of the CITY OF VIRGINIA BEACH
b Ordinance to AMEND the City Zoning Ordznance(CZO)
re sign regulations in the B -3A Pembroke Central
Business Core District
Councilman Jones DISCLOSED and will ABSTAIN as he has an ownership interest in Resource Bank,
which exceeds three percent of its total equity Resource Bank has entered into a participation agreement
with Monarch Bank for a line of credit to Armada Hoffler Properties It is likely that Armada Hoffler
Properties will manage the Town Centerfor the project 's developer, Town Center Associates Also, Resource
Bank is in negotiation to lease a new building at the Town Center
The Czty Manager, advised he believes examples of the changes were to be included in the Agenda Package
and they were not Tom Pauls, Comprehensive Planner, distributed a portion of a proposal to change the
sign ordinance that affects the B -3A District in the Pembroke Area An example of the difference in the
existing and proposed ordinance for a commercial sign for ground level (which includes first and second
stories of buildings) was also depicted A building identification sign change is also being proposed Mr
Pauls distributed an example of a 150 -square foot sign on an 11 -story building depicted from one block
away The proposal for the Town Center is to allow 300 square feet of signage for structures ten stories
or greater A 300 -square foot sign appears to be a massive amount, but on a 10 -story or 11 -story building,
it diminishes rather rapidly This ordinance also establishes provisions for public parking signs City
Council had addressed the issue of temporary signs, beacon lights and other types of sign type facilities
which might be considered intrusive These have been eliminated from the ordinance Temporary signs and
Beacon lights would be prohibited Free standing signs would only be allowed with City Council's
approval, consistent with the Pembroke Master Plan adopted in 1991 Parking signs would be 75 square
feet Building identification signs would be allowed from 150 square feet for buildings up to 5 stories From
5 to 10 stories, 200 square feet would be allowed Over 10 stories, would be 300 square feet Mr Pauls
advised the process entailed research of many localities i e Reston Town Center, which allows 50 square
feet per establishment
Mr Pauls advised Council Lady Eure, the City Staff coordinated with CMMS, Armada Hoffler and Economic
Development The Presentation of the proposed signs was made to the Planning Commission and debated
Relative neon signs, Mr Pauls did not know if there is a constraint on illumination which would be applied
to these signs, but believes it would be ajudgment call Council Lady Eure expressed concern relative the
proliferation of neon signs Mr Pauls advised in Florida the allowance of signs are approved in Florida
by an Architectural Review Group
Mayor Oberndorf suggested deferral When concerns had been expressed, relative billboards in the 1980's,
Council Members McClanan and Council Lady Parker served on a committee composed of approximately
25 citizens relative the City 's appearance, billboards and signs Citizens such as B H "Pat" Bridges of
the Beautification Commission, need to comment on these particular amendments This should not be passed
without public comment
The Czty Manager advised a 150 foot sign on the top of the 20 plus story buildings at the Town Center
would not be readable The developer is attempting to order their sign package for their parking deck
Council Lady McClanan will contact representatives to review the proposed amendments
This item will be DEFERRED until the City Council Session of September 10, 2002.
ITEM # 49996
BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA:
K 1. Application of CURTISE. and RHONDA L. BOWENfor
the replacement of a nonconforming use at 2221 Salem
Road, containing 40,000 square feet
(DISTRICT 1 - CENTER VILLE)
August 13, 2002
1
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A GEN DA REVIEW SESSION
ITEM # 49996 (Continued)
K 3 Application of JOHN S. DUDLEY for a Variance to Section
4 4(b) of the Subdivision Ordinance re all newly created lots
must meet the requirements of the City Zoning Ordinance (CZO)
at 1868 and 1872 Malbon Road
(DISTRICT 7 - PRINCESS ANNE)
K 5 Applications of HARBOUR DEVELOPMENT
CORPORATION, L.L.C. at North Landing and West Neck
Roads, containing 65 1 acres
(DISTRICT 7 - PRINCESS ANNE)
a Change of Zoning District Classification from AG -1 and
AG -2 Agricultural to Conditional R-30 Residential re
single family lots no less than 30,000 sq ft
b Conditional Use Permit re Open Space Promotion
c Variance Appeal re certain elements of the Subdivision
Ordinance, Section 4 4(b), that requires all newly created
lots meet the requirements of the City Zoning Ordinance
(CZO) and reduce required street width
K 6 Application of RANDEE MARIE HOLMES for a
Conditional Use Permit for a home daycare at Blue Knob
Road west of Cannan Valley Avenue (1952 Blue Knob
Road), containing 7,500 square feet
(DISTRICT 1 - CENTER VILLE)
K 7 Application of the CITY OF VIRGINIA BEACH
a Modification of a Conditional Use Permit to fill a borrow
pit (approved by City Council on April 27, 1964), located
on the north side of the Norfolk -Southern Railway right-
of-way, west of Airstation Drive
(DISTRICT 6 - BEACH)
b Ordinance to AMEND the City Zoning Ordinance(CZO)
re sign regulations in the B -3A Pembroke Central
Business Core District
Item K 1 will be DEFERRED INDEFINITELY, BY CONSENT
Item K 5 will be DEFERRED, BY CONSENT, for 60 days (October 8, 2002)
Item K 7b will be DEFERRED, BY CONSENT, until the City Council Session of September 10, 2002.
Councilman Jones will ABSTAIN on Item K 7b
August 13, 2002
1
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CITY COUNCIL COMMENTS
4:03 P.M.
ITEM # 49997
Vice Mayor Mandigo advised the three days of City Council's Retreat compiling the Strategic Plan was the
most rewarding and challenging time he had expended in many years He washed to congratulate the
Council re the manner in which all members worked together to compile the Annual Strategic Planning
points for the City Manager and staff
The City Manager also expressed appreciation to all Members for three full days of their time, attention and
energy Items identified during the Retreat will be assigned to members or Task Forces to address A
written report will be provided
ITEM # 49998
Mayor Oberndorfreferenced the TRANSITION AREA PLANNING Workshop scheduled forAugust 20,
2002. Vice Mayor Mandigo advised he must be out of town on business and requested this be
reschedueld
Councilman Reeve believed this a "hot topic" and as the other Members would be in attendance,
it was imperative not to reschedule. His concern was zfpostponed, this might hinder the process
undertaken by Council Members Maddox, Schmidt and himself as well as staff Councilman Reeve
requested the advice of Council Members Councilman Maddox believed every "day is precious"
as several developers have voluntarily deferred their applications
Councilman Reeve advised next Tuesday would be a good starting point. Councilman Reeve quoted
Lyle Sumek's equation: goals x action = value It is incumbent for City Council to zdentzfy the goals
and overall intent, passing on to staff and a proposed Technical Advisory Committee. Councilman
Reeve wished to focus the first Workshop identifying the facts of the Transition Area. Councilman
Reeve also wished to tour the area again by helicopter as once one leaves the ground, the
prospective of this area greatly changes He agrees with maintaining open space, but believes there
are three distinct types of open space • (1) God created (2) View from the automobile dashboard and
(3) View from our neighborhoods Councilman Reeve asks for a consensus from City Council on
the formulation of this proposed thirteen (13) member Technical Advisory Committee and its
mission. Councilman Schmidt concurred and advised the representation is City Council's choice
Councilman Schmidt suggested a Facilitator also be involved Steve Thompson, Chief Financial
Officer, has a report of staff relative the concept of the Transition Area
Mayor Oberndorf inquired if the meetings of the Committee would be public and if the public would have
an opportunity for comment Mayor Oberndorf had received a all from Tim Barrow who was suggested as
a member of the Committee and he believes there needs to be coordination with the Planning Department
and Parks and Recreation relative open space He believes the total plan would entail approximately six (6)
months
Councilman Reeve advised no time frame had been established, but he believes it could be quicker than six
(6) months as much of the work has been done in Parks and Recreation, Planning and the private
development community to determine "greenways" It needs to be formulated under a single plan
Councilman Maddox advised interacting with Robert Scott, Director of Planning and Karen Prochilio,
Planner, who actually drew the plan Councilman Reeve met with Melvin Atkinson, ARP Co-ordinator, to
discuss utilizing the Agricultural Reserve Program (ARP) to create open space and agricultural
preservation in the Transition Area
Councilman Wood believes the City Council has the opportunity to bring many groups together and it is
extremely impressive what staff has underway As one of the applications in the Transition Area has been
deferred for sixty days, it is incumbent to move as quickly as feasible to commence the process
Mayor Oberndorf inquired of staff who is conducting the financial underpinning which will be necessitated
by the number of houses, in addition to open space created When will the roads be widened and from where
will the funds be derived? The City Council was informed they would be cognizant of the cost relative
infrastructure The Mayor has not found one study that says domestic development in and of itself pays for
itself Services must be provided schools, fire and police stations
August 13, 2002
1
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CITY COUNCIL COMMENTS
ITEM # 49998 (Continued)
The City Manager advised one of the basic components built into the process would be to test some of the
scenarios re the consequences on public facilities Staff on Management Services should be able to provide
the majority of this analysis
Councilman Reeve concurred the process to be undertaken has to be a comprehensive review involving
construction, operation and maintenance Councilman Reeve requested staffevaluate the meaning of a "tax
neutral" home and the price point 25% of the City's revenue comes from the real estate tax and of that
83% is derived from residential real estate There must be a section of the real estate market that pays its
own way Houses are the economic engine of our City Housing stock has to be a component of economic
development Councilman Reeve advised Harbour Development voluntarily requested a 60 -day deferral
They wish to be apart of the process and are willing to work with the City and citizenry to achieve the best
end result
Mayor Oberndorf advised previous goals have been to try and turn the shift with more emphasis on our
business and industrial community paying more of their share
Vice Mayor Mandigo advised sixty to ninety days does not give adequate time for public comment If the
Council appears to short circuit any of the process, we are not going to be establishing the confidence of
the citizens A republic takes longer than a business to make a decision We should proceed with caution
Bring all the stakeholders in, access their opinions and make the decision
Councilman Wood believes this to be the epitome of open government
Mayor Oberndorf requested the City staff compile a list of nearby areas which have done an outstandingjob
with open space AND which have housing developments
Councilman Schmidt believes one concept might be for the Urban Land Institute to facilitate and identify
representative localities to visit Mayor Oberndorf suggested a tour might also be established so members
of the general public could visit
The Mayor requested all the plans be brought to the Workshop
BY CONSENSUS, the TRANSITION AREA PLANNING Workshop shall be SCHEDULED for August 20,
2002, at 12 30 P M to 6 00 P M The City Manager shall schedule the location
ITEM # 49999
Mayor Oberndorf announced the void due to the unavoidable absence of the City Clerk, Ruth Hodges Smith
Mrs Smith is with her critically 111 husband, Leon, who had to return to the hospital Mayor Oberndorf
requested prayers for Leon and Ruth
August 13, 2002
1
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ITEM # 50000
Mayor Meyera E Oberndorf, called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, August 13, 2002, at
4 43P M
Council Members Present
Margaret L Eure, Louis R Jones, Reba S McClanan, Richard A
Maddox, Vice Mayor Robert C Mandigo, Jr , Mayor Meyera E
Oberndorf Jim Reeve, Peter W Schmidt, Ron A Villanueva, and
James L Wood
Council Members Absent
Rosemary Wilson
August 13, 2002
1
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ITEM # 50001
Mayor Meyera E Oberndorf entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2 1-344(A), Code of Virginia, as amended, for the following purpose
PERSONNEL MATTERS Discussion, consideration or interviews of
prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or
resignation of specific public officers, appointees, or employees
pursuant to Section 2 1-344 (A) (1)
To Wit Appointments Boards and Commissions
Chesapeake Bay Preservation Area Board
Development Authority
Human Rights Commission
Parks and Recreation Commission
Personnel Board
Public Library Board
Review and Allocation Committee
Social Services Board
Towing Advisory Board
Virginia Beach/Jamestown 2007 Steering Commission
PUBLICLY -HELD PROPERTY Discussion or consideration of the
acquisition of real property for a public purpose, or of the disposition
of publicly -held real property, where discussion in an open meeting
would adversely affect the bargaining position or negotiating strategy
of the public body pursuant to Section 2 2-3711(A)(3)
Browning Marine Property
ARP Acquisition - Eaton Property
LEGAL MATTERS Consultation with legal counsel or briefings by
staff members, consultants, or attorneys pertaining to actual or
probable litigation, or other specific legal matters requiring the
provision of legal advice by counsel pursuant to Section 2 2-
3771 (A)
-
3771(A) (7)
City of Virginia Beach v Virginia Marine Resources Commission, George Wilkie and
the Wetlands Board
City of Virginia Beach v Virginia Marine Resources Commission, Elton Turpin and
the Wetlands Board
Schuyler - Nonconforming use
Upon motion by Vice Mayor Mandigo, seconded by Council Lady Eure, City Council voted to proceed into
CLOSED SESSION.
Voting 10-0
Council Members Voting Aye
Margaret L Eure, Louis R Jones, Reba S McClanan, Richard A
Maddox, Vice Mayor Robert C Mandigo, Jr , Mayor Meyera E
Oberndorf Jim Reeve, Peter W Schmidt, Ron A Villanueva, and
James L Wood
Council Members Voting Nay
None
Council Members Absent •
Rosemary Wilson
(5:34 P.M. - 6:00 P.M.)
August 13, 2002
1
-12-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
August 13, 2002
6:00 P.M.
Mayor Meyera E Oberndorf, called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 13, 2002, at 6 00 P M
Council Members Present
Margaret L Eure, Louis R Jones, Reba S McClanan, Richard A
Maddox, Vice Mayor Robert C Mandigo, Jr , Mayor Meyera E
Oberndorf Jim Reeve, Peter W Schmidt, Ron A Villanueva, and
James L Wood
Council Members Absent
Rosemary Wilson [Emergency at the last moment]
Mayor Oberndorf requested Reverend Wolfcale remember Ruth Smith, the City Clerk, and her critically ill
husband, Leon, in his prayers
INVOCATION Reverend James R Wolfcale
Atlantic Shores Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
August 13, 2002
1
-13-
Item V -E.
CERTIFICATION OF
CLOSED SESSION ITEM # 50002
Upon motion by Councilman Jones, seconded by Council Lady Eure, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies,
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council
Voting 10-0
Council Members Voting Aye
Margaret L Eure, Louis R Jones, Reba S McClanan, Richard A
Maddox, Vice Mayor Robert C Mandigo, Jr , Mayor Meyera E
Oberndorf Jim Reeve, Peter W Schmidt, Ron A Villanueva and
James L Wood
Council Members Voting Nay
None
Council Members Absent
Rosemary Wilson
August 13, 2002
1
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 50001, page 11, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2 2-3711(A) of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council
Ruth Hodges Smith, MMC
City Clerk August 13, 2002
1
Item V -F.1.
MINUTES
- 14 -
ITEM # 50003
Upon motion by Councilman Jones, seconded by Vice Mayor Mandigo, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of August 13, 2002.
Voting 10-0
Council Members Voting Aye
Margaret L Eure, Louis R Jones, Reba S McClanan, Richard A
Maddox, Vice Mayor Robert C Mandigo, Jr , Mayor Meyera E
Oberndorf Jim Reeve, Peter W Schmidt, Ron A Villanueva and
James L Wood
Council Members Voting Nay
None
Council Members Absent
Rosemary Wilson
August 13, 2002
1
-15-
Item V -F.2.
RECOGNITION ITEM # 50004
Mayor Oberndorf RECOGNIZED the following Boy Scouts in attendance to earn their merit badges
SCOUT TROOP # 63
Sponsored by Francis Asbury Church
Mike Anderson
Edward Delaney
Scout Masters
August 13, 2002
1
-16-
Item V -G.1.
PROCLAMATION ITEM # 50005
Mayor Oberndorf PROCLAIMED
August 18 - 24, 2002
Firefighter Appreciation Week
Virginia Beach Professional Firefighters are dedicated to the safety of life and property from the devastation
effects of fire, and for the past forty-eight years, firefighters in Virginia and throughout the Nation have
joined the Muscular Dystrophy Association in the fight against neuromuscular diseases Firefighters
collected more than $15 -MILLION nationwide for MDA in 2001 again making them MDA's largest source
of funding Last year, the City 's firefighters raised $33, 000
The PROCLAMATION was accepted by
Tajuana Eddleton
Program Co -Ordinator
Muscular Dystrophy Association
Deputy Chief David Land
William Bailey
President - Professional Firefighters Association
Mayor Oberndorf also expressed appreciation to the City Employees who raise funds each year for the
"Relay for Life" to fight Cancer For a number of years, the Corporation known as the City of Virginia
Beach, through its employees, have been the largest corporate donor Mayor Oberndorf expressed
appreciation to the City Manager Leadership begins at the top The City Manager advised for a number of
years, the City has had the Number One Team in the United States
August 13, 2002
1
lflrartamat iun
Whereas: )irginia Beach ProfessionalTirefighters are dedicated to the safety of life and
property from the devastating effects of fire, and for the past forty-eight
years, firefighters in Virginia and throughout the nation have joined the
Muscu(arDystrophyAssociation in the fight against neuromusculardiseases;
and
Whereas: Firefighters collected more than $15 million nationwide for MDA in 2001,
again making them MDA's largest source of funding; and
Whereas: Through their daily service to our community and their dedication to the
Muscular Dystrophy Association, Virginia Beach Professional Firefighters
contribute greatly to the well-being and quality of life of all citizens; and
Whereas: In honor of the efforts of Virginia Beach Professional firefighters, the
MuscularDystrophyAssociation is sponsoring TirefighterApprecaation Week
from August 18 through August 24, 2002; and
Whereas: The )zrginia Beach community shares in the hope that cures are foundfor
neuromuscular diseases:
Wow, Therefore, I, Meyera E. O6erndof, Mayor of the City of Virginia Beach, Vzrginia, do
hereby Proclaim:
August 18-24, 2002
TFirefijjfiterYtppreciation Week
In Virginia Beach, and I call upon all citizens to consider supporting the Muscular
Dystrophy Association's Till the Boot campaign, and to join the Muscular Dystrophy
Association in its trzlute to the members of the Virginia Beach Fire Department.
In Witness Whereof I have hereunto set my hand and caused the Official -Seal- of the City
of )zrginia Beach, Virginia, to 6e affivd this Eighth day ofAugust, Two Thousand Two.
f.
Meyera E. Oberndorf
Mayor
-17 -
Item V -L1.
ADOPT AGENDA
FOR FORMAL SESSION ITEM # 50006
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
August 13, 2002
-18 -
Item V -H.1.
PUBLIC HEARING
ITEM # 50007
Mayor Oberndorf DECLARED A PUBLIC HEARING:
AGRICULTURAL RESERVE PROGRAM (ARP)
2592 West Landing Road
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING
August 13, 2002
i
i
THE BEACON Sunday, July 28, 2002
THE BEACON Sunday, August 4, 2002
NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY
OF INSTALLMENT PURCHASE AGREEMENTS FOR THE
ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY
BY THE CITY OF VIRGINIA BEACH, VIRGINIA
Notice is hereby given that the City Council of the City of Virginia
Beach, Virginia, will hold a public hearing with respect to the execution
and delivery of Installment Purchase Agreements for the acquisition of
agricultural land preservation easements with respect to land located
at 2592 West Landing Road. In the City of Virginia Beach, Virginia,
pursuant to Ordinance No. 95-2319. known as the Agncultural Lands
Preservation Ordinance. which establishes an agricultural reserve pro-
gram for the southem portion of the City designated to (a) promote and
encourage the preservation of farmland. (b) preserve open spaces and
the area's rural character, (c) conserve and protect environmentally
sensitive resources. (d) reduce and defer the need for major infrastruc-
ture ImprovemEnts and the expenditure of public funds tot such
improvements. and (e) assist in shaping the character, direction and
timing of community development. Such easements will be pur-
chased pursuant to Installment Purchase Agreements for an aggre-
gate estimated maximum purchase price of $542,020. The City's
obligation to pay the purchase price under the Installment Purchase
Agreements is a general obligation of the City, and the full faith and
credit and the unlimited taxing power of the City will be irrevocably
pledged to the punctual payment of the purchase price and the inter-
est on the unpaid principal balance of the purchase price as and when
the same respectively become due and payable the public Hearing,
which may be continued or adjourned. will be held by the City Council
on August 13, 2002, at 6 00 p ni in the City Council Chamber located
ori the 2nd floor of the City Hall Budding at the Municipal Center of the
City of Virginia Beach. Virginia. Any person Interested in this matter
may appear and be heard.
• CITY OF VIRGINIA BEACH. VIRGINIA
Ruth Hodges Smith. MMC
City Clerk
Virginia Beach Beacon July 28 and August 4, 2002 9037765
1
- 19 -
Item V -J.
ORDINANCES ITEM # 50008
Upon motion by Vice Mayor Mandigo, seconded by Councilman Reeve, City Council APPROVED IN
ONE MOTION, Ordinances 2(DEFER) , 3, 4 , 5a/b/c and 6
Item 2 was DEFERRED, BY CONSENT, until the City Council Session of August 27, 2002
Voting 10-0 (By Consent)
Council Members Voting Aye.
Margaret L Eure, Louis R Jones, Reba S McClanan, Richard A
Maddox, Vice Mayor Robert C Mandigo, Jr , Mayor Meyera E
Oberndorf Jim Reeve, Peter W Schmidt, Ron A Villanueva and
James L Wood
Council Members Voting Nay
None
Council Members Absent
Rosemary Wilson
August 13, 2002
1
-20-
Item V -J.1.
ORDINANCES ITEM # 50009
Upon motion by Councilman Reeve, seconded by Vice Mayor Mandigo, City Council ADOPTED:
Ordinance to AUTHORIZE acquisition of an Agricultural Reserve
Preservation (ARP) easement at 2592 West Landing Road and
issuance of contract obligations in the maximum principal amount of
$542, 020 (101 80 acres) to MEL VINH. EATON, EATON FIELDS,
LLC, MEL VINH. EATON FAMILY LIMITED PARTNERSHIP and
EATON ASSOCIATES (DISTRICT 7 - PRINCESS ANNE)
Voting 9-1
Council Members Voting Aye.
Margaret L Eure, Louis R Jones, Richard A Maddox, Vice Mayor
Robert C Mandigo, Jr , Mayor Meyera E Oberndorf Jim Reeve,
Peter W Schmidt, Ron A Villanueva and James L Wood
Council Members Voting Nay
Reba S McClanan
Council Members Absent
Rosemary Wilson
August 13, 2002
AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
AGRICULTURAL LAND PRESERVATION EASEMENT AND THE
ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN
THE MAXIMUM PRINCIPAL AMOUNT OF $542,020
WHEREAS, pursuant to the Agricultural Lands Preservation
Ordinance (the "Ordinance"), Appendix J of the Code of the
City of Virginia Beach, there has been presented to the City
Council a request for approval of an Installment Purchase
Agreement (the form and standard provisions of which have been
previously approved by the City Council, a summary of the
material terms of which is hereto attached, and a true copy
of which is on file in the City Attorney's Office) for the
acquisition of the Development Rights (as defined in the
Installment Purchase Agreement) on certain property located in
the City and more fully described in Exhibit B of the
Installment Purchase Agreement for
$542,020; and
WHEREAS, the
a purchase price of
aforesaid Development Rights shall be
acquired through the acquisition of a perpetual agricultural
land preservation easement, as defined in, and in compliance
with, the requirements of the Ordinance; and
WHEREAS, the City Council has reviewed the proposed terms
and conditions of the purchase as evidenced by the Installment
Purchase Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The City Council hereby determines and finds that
the proposed terms and conditions of the purchase of the
Development Rights pursuant to the Installment Purchase
Agreement, including the purchase price and manner of payment,
are fair and reasonable and in furtherance of the purposes of
the Ordinance, and the City Manager or his designee is hereby
authorized to approve, upon or before the execution and
delivery of the Installment Purchase Agreement, the rate of
35 interest to accrue on the unpaid principal balance of the
36 purchase price set forth hereinabove as the greater of 5.00%
37 per annum or the per annum rate which is equal to the yield on
38 United States Treasury STRIPS purchased by the City to fund
39 such unpaid principal balance; provided, however, that such
40 rate of interest shall not exceed 7.00% unless the approval of
41 the City Council by resolution duly adopted is first obtained.
42 2. The City Council hereby further determines that
43 funding is available for the acquisition of the Development
44 Rights pursuant to the Installment Purchase Agreement on the
45 terms and conditions set forth therein.
46 3. The City Council hereby expressly approves the
47 Installment Purchase Agreement and, subject to the
48 determination of the City Attorney that there are no defects
49 in title to the property or other restrictions or encumbrances
50 thereon which may, in the opinion of the City Attorney,
51 adversely affect the City's interests, authorizes the City
52 Manager or his designee to execute and deliver the Installment
53 Purchase Agreement in substantially the same form and
54 substance as approved hereby with such minor modifications,
55 insertions, completions or omissions which do not materially
56 alter the purchase price or manner of payment, as the City
57 Manager or his designee shall approve. The City Council
58 further directs the City Clerk to affix the seal of the City
59 to, and attest same on, the Installment Purchase Agreement.
60 The City Council expressly authorizes the incurrence of the
61 indebtedness represented by the issuance and delivery of the
62 Installment Purchase Agreement.
63 4. The City Council hereby elects to issue the
64 indebtedness under the Charter of the City rather than
65 pursuant to the Public Finance Act of 1991 and hereby
66 constitutes the indebtedness a contractual obligation bearing
67 the full faith and credit of the City.
2
68 Adopted by the Council of the City of Virginia Beach,
69 Virginia, on this 13th day of August , 2002.
70 Adoption requires an affirmative vote of a majority of
71 all members of the City Council.
72 CA8560
73 arppurchase/eaton/eatonord.wpd
74 R-1
75 July 19, 2002
76 APPROVED AS TO CONTENT:
77
78
79
Agricu ure Depart ent
APPROVED AS TO LEGAL
SUFFICIENCY:
80 APPROVED AS TO AVAILABILITY OF FUNDS:
I
8 . t; � i0 ( l� , (1L/
( ; t-.
82 Finance Department
68 Adopted by the Council of the City of Virginia Beach,
69 Virginia, on this 13 day of August , 2002.
70 Adoption requires an affirmative vote of a majority of
71 all members of the City Council.
72 CA8560
73 arppurchase/eaton/eatonord.wpd
74 R-1
75 July 19, 2002
76 APPROVED AS TO CONTENT:
77
78
79 Agricu ure Depart ent
APPROVED AS TO LEGAL
SUFFICIENCY:
4Law epartment
80 APPROVED AS TO AVAILABILITY OF FUNDS:
.
81 /� ( L
82 Finance Department
AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2002-50
SUMMARY OF MATERIAL TERMS
SELLER: Melvin H. Eaton, Melvin H. Eaton Family Limited Partnership and Eaton Associates,
and Eaton Fields, LLC
PROPERTY LOCATION: 2592 West Landing Road
PURCHASE PRICE: $542,020
EASEMENT AREA: 101 80 acres more or less
DEVELOPMENT POTENTIAL: 6 single-family dwelling sites (6 acquired)
DURATION: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase
pnce, but not less than 5.00% (actual rate to be determined when STRIPS are purchased pnor to
execution of IPA). Rate may not exceed 7.00% without approval of City Council.
TERMS: Interest only twice per year for 25 years, with payment of pnncipal due 25 years from IPA
date
RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and delivery of IPA.
1
- 21 -
Item V -J.2.
ORDINANCES ITEM # 50010
Upon motion by Vice Mayor Mandigo, seconded by Councilman Reeve, City Council DEFERRED
until the City Council Session of August 27, 2002:
Ordinance to AMEND 0' 35-253, 35-254, 35-258, 35-259, 35-260, 35-
263 and ADD § 35-2581 of the City Code re administration and
collection of local telecommunication service taxes.
Voting 10-0 (By Consent)
Council Members Voting Aye
Margaret L Eure, Louis R Jones, Reba S McClanan, Richard A
Maddox, Vice Mayor Robert C Mandigo, Jr , Mayor Meyera E
Oberndorf, Jim Reeve, Peter W Schmidt, Ron A Villanueva and
James L Wood
Council Members Voting Nay
None
Council Members Absent
Rosemary Wilson
August 13, 2002
1
- 22 -
Item V -J.3.
ORDINANCES ITEM # 50011
Upon motion by Vice Mayor Mandigo, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance to APPROPRIATE $37,500 from the Oyster Heritage Trust
Fund and TRANSFER $50,000 from the reserve for contingencies to
the Department of Agriculture's FY 2002-2003 budget re supporting
the Lynnhaven Heritage Oyster Plan and construction of reefs
Voting 10-0 (By Consent)
Council Members Voting Aye
Margaret L Eure, Louis R Jones, Reba S McClanan, Richard A
Maddox, Vice Mayor Robert C Mandigo, Jr , Mayor Meyera E
Oberndorf Jim Reeve, Peter W Schmidt, Ron A Villanueva and
James L Wood
Council Members Voting Nay
None
Council Members Absent
Rosemary Wilson
August 13, 2002
1 AN ORDINANCE TO APPROPRIATE $37,500
2 FROM THE OYSTER HERITAGE TRUST FUND
3 AND TRANSFER $50,000 FROM THE
4 RESERVE FOR CONTINGENCIES TO THE
5 DEPARTMENT OF AGRICULTURE'S FY 2002-
6 03 OPERATING BUDGET TO SUPPORT THE
7 LYNNHAVEN HERITAGE OYSTER PLAN
8 WHEREAS, the City wishes to provide funding from various
9 local sources to support the Lynnhaven Oyster Heritage Plan being
10 undertaken by the Virginia Marine Resources Commission.
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
12 OF VIRGINIA BEACH, VIRGINIA:
13 1. That $37,500 in donations is hereby appropriated from the
14 Oyster Heritage Trust Fund to the Department of Agriculture's FY
15 2002-03 operating budget to support the Lynnhaven Oyster Heritage
16 Plan, with estimated revenue from donations increased accordingly.
17 2. That $50,000 i s hereby transferred from the General Fund
18 Reserve for Contingencies to the Department of Agriculture's FY
19 2002-03 operating budget to support the Lynnhaven Oyster Heritage
20 Plan.
21 Adopted by the Council of the City of Virginia Beach,
22 Virginia, on the 13 day of August , 2002.
CA -8581
Ordin\Noncode\Oyster Reef.ord.wpd
R5
July 31,2002
APPROVED AS TO LEGAL APPROVED AS TO CONTENT:
SUFFICIENCY:
Management Services
1
- 23 -
Item V -J.4.
ORDINANCES ITEM # 50012
Upon motion by Vice Mayor Mandigo, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a $30, 000 grant from the
Southeastern Tidewater Opportunity Project, Inc , and, AUTHORIZE
the City Manager to enter into a contract re the STOP Summer Youth
Program
Voting 10-0 (By Consent)
Council Members Voting Aye
Margaret L Eure, Louis R Jones, Reba S McClanan, Richard A
Maddox, Vice Mayor Robert C Mandigo, Jr , Mayor Meyera E
Oberndorf, Jim Reeve, Peter W Schmidt, Ron A Villanueva and
James L Wood
Council Members Voting Nay
None
Council Members Absent
Rosemary Wilson
August 13, 2002
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A
2 $30,000 GRANT FROM THE SOUTHEASTERN TIDEWATER
3 OPPORTUNITY PROJECT, INC., AND TO AUTHORIZE
4 THE CITY MANAGER TO ENTER INTO A CONTRACT WITH
5 SOUTHEASTERN TIDEWATER OPPORTUNITY PROJECT,
6 INC., TO OPERATE A SUMMER YOUTH PROGRAM
7 WHEREAS, a $30,000 grant award has been awarded to the
8 City by Southeastern Tidewater Opportunity Project, Inc., for the
9 operation of a summer youth program.
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
11 OF VIRGINIA BEACH, VIRGINIA:
12 1. That $30,000 is hereby accepted from Southeastern
13 Tidewater Opportunity Project, Inc., and appropriated to the FY
14 2002-2003 OperatLng Budget of the Department of Housing and
15 Neighborhood Preservation to fund the operation of a summer youth
16 program, with grant revenues increased accordingly in the FY 2002-
17 2003 Operating Budget.
18 2. That the City Manager is hereby authorized to enter
19 into an agreement with Southeastern Tidewater Opportunity Project,
20 Inc., for the operation of a summer youth program.
21 Adopted by the Council of the City of Virginia Beach,
22 Virginia, on the 13 day of August , 2002.
CA -8584
Ordin/Noncode/youthprogord.wpd
R-1
July 31, 2002
Approved as to Content:
Management Services
Approved as to Legal
Sufficiency:
6(11A4A414. 5:
Department of [i aw
%
9
The SOUTIIEASTEItN TIDEWATER OPPORTUNITY PROJECT Inc.
OFFICE OF THE PRESIDENT
June 26, 2002
Malissia Lee, Camp Director
City of Virginia Beach/CARE Camp
2424 Courthouse Drive
Municipal Building 18A
Virginia Beach, Virginia 23456
Dear Ms. Lee.
Enclosed please find two (2) original contracts between The STOP Organization and the
City of Virginia Beach to operate a Summer Youth Program
Please sign both documents and return them to The STOP Organization Once the
documents have been signed by all parties, a copy will be forwarded to you for your
records
Should you have any questions do not hesitate to contact this office at (757) 858-1365
Sincerely,
r
dith R. Jones
President & C 0
cc• Shaun Scott
Program Administrator
THE STOP ORGANIZATION - A Community Service Organization
SERVING Virginia Beach, Chesapeake, Norfolk, Portsmouth, Suffolk, Franklin, Isle of Wight and Sniithamnton ('niintiPs
Basic Agreement No. STOP-01-01-PY'02
THIS AGREEMENT, entered into this 1st day of July, 2002, by
and between the SOUTHEASTERN TIDEWATER OPPORTUNITY PROJECT,
INC., hereafter referred to as The STOP Organization, a
subrecipient of Opportunity, Inc., of Hampton Roads (OIHR)
pursuant to public law 105-220, the Workforce Investment Act
(WIA) and Section 15.2-1300 of the Code of Virginia, 1950, as
amended, hereinafter referred to as The STOP Organization and
City of Virginia Beach/Care Youth Leadership Camp, hereinafter
referred to as the "AGENT".
WITNESSETH:
WHEREAS, The STOP Organization expects to receive Federal
funds from OIHR provided by the Workforce Investment Act (WIA)
Program; and
WHEREAS, The STOP Organization desires to contract with the
AGENT for activities described herein for the period beginning
June 24, 2002 and ending August 16, 2002.
NOW, THEREFORE, the parties hereto mutually agree as
follows:
r
AGREEMENT PURPOSE
Purpose
It is the purpose of this AGREEMENT to state the covenants and conditions under
which the AGENT will implement and provide Workforce Development services, as shall
be described herein, to be funded under the guidelines of the Workforce Investment
Act (WIA), as amended as necessary, and under the contracting powers of The STOP
Organization.
Compensation
FISCAL MANAGEMENT
The total budget for each program to be operated under this AGREEMENT
shall be stated in an ADDENDUM(S), attached hereto or executed
subsequent to the execution of the AGREEMENT, subject to the conditions
stipulated herein.
The budget for each ADDENDUM shall be limited to:
(a) the operation of the program described therein, and
(b) the AGREEMENT period.
Funds will be made available to the AGENT by The STOP Organization in
accordance with the AGENT's ADDENDUM(S) to this AGREEMENT and the
budget and/or Method of Payment Schedule incorporated therein for
allowable costs as defined by Federal, State, and local guidelines.
In expending the program budget, the AGENT shall adhere to the cost
categories and funds set forth in the Budget and/or the Method of
Payment Schedule contained herein.
Fiscal Controls
Upon demand and/or within thirty (30) days prior to funding any program
or service, the AGENT shall allow The STOP Organization to evaluate the
AGENT's fiscal and administrative systems in order to be assured of the
AGENT's capability to manage the program or project funded by this
AGREEMENT and any ADDENDUM hereto.
The AGENT shall, in a satisfactory, proper and accurate manner, and in
accordance with generally accepted accounting principles, keep all
books, documents, papers and records including competency records,
receipts and other supporting documents, statistical records and other
data necessary for proper accounting of fiscal affairs. Said records
including timely and reasonable access to contractor's and
subcontractor's personnel for the purpose of interviews and discussions
related to such records will, at all times, be available to The STOP
Organization's fiscal agent or any accounting/auditing firm under
contract with or acting on behalf of these parties.
The AGENT agrees and understands that funds allocated to the AGENT
under this AGREEMENT and ADDENDUM(S) or Modifications hereto, are
Audit
conditional upon the WIA funds received by The STOP Organization and
the actual overall expenditures by The STOP Organization during the
term of the AGREEMENT for all contracts. The STOP Organization
therefore, reserves unto itself the right to unilaterally de -obligate,
modify, or amend the AGENT's budget consistent with The STOP
Organization's actual funding and overall expenditures, based on such
funding level requirements and at the sole discretion of The STOP
Organization, if necessary, suspend or terminate this AGREEMENT or a n y
ADDENDUM hereto instantaneously as may be necessitated by The STOP
Organization's funding levels and overall expenditure within such
funding level such as that the funding level for all contracts is not
exceeded. The STOP Organization will notify the AGENT in writing of
any de -obligations, modification, or amendment to the AGENT's budget,
AGREEMENT, or any ADDENDUM or Modification hereto, which shall be
effective relating back to the date The STOP Organization makes the
unilateral change. In such instances, costs will be reimbursed up the
date of cancellation only; thereafter, neither The STOP Organization
nor the AGENT shall have any obligations whatsoever to complete or
otherwise continue of closeout and audit activities described herein.
A financial and compliance audit of the AGENT's WIA program(s) will be
conducted in accordance with the policies of The STOP Organization by
an audit firm selected by The STOP Organization on an annual basis.
Any costs disallowed shall be the sole responsibility of the AGENT. In
the event it is determined that disallowed costs require repayment,
repayment shall be made by the AGENT out of nonfederal funds.
3.3 Method of Payment
3.3.1
3.3.2
3.3.3
The AGENT shall deliver to The STOP Organization not later than
the tenth work day of each month, or in accordance with an
approved method of payment schedule, an accurate record of all
accrued expenditures and/or payments due under this AGREEMENT
during the preceding month, or period reported in accordance with
the financial stipulations contained herein and other directions
issued by The STOP Organization from time to time. In the event
that the records of accrued expenditures for any month are
received after the tenth (10th) work day of the next ensuing
month, The STOP Organization shall, if it has, at its sole
option, closed out such preceding month for accounting purposes,
process such cost reports for the next succeeding month then
open. In the case of line item cost reimbursement budgets, the
AGENT's costs must be accounted for in the separate cost
categories of Administration and Program, as appropriate, in
accordance with the ACT and applicable Federal and State
regulations unless otherwise stated herein. Appropriate
documentation as may be required must accompany requests for
payment.
Payments shall be made to the AGENT within a reasonable period of
time after acceptance of expenditure reports.
The AGENT shall be liable to The STOP Organization for any
unauthorized costs incurred in the operation of the program not
in accordance with the stipulations under this AGREEMENT or any
3
3.3.4
3.3.5
3.3.6
ADDENDUM hereto or not in accordance with WIA, the rules and
regulations promulgated pursuant thereto, as they apply to the
AGENT's program and the funds under which are funded.
The AGENT shall be liable to The STOP Organization for any
disallowed costs The STOP Organization incurs pursuant to the ACT
and the regulations promulgated pursuant thereto as a result of
the AGENT's failure to perform in accordance with the ACT or the
terms and conditions of this AGREEMENT or ADDENDUM thereto.
Funds expended in violation of this AGREEMENT or in violation of
the appropriate Federal, State, and/or The STOP Organization
statutes, regulations, and guidelines or any funds requested for
reimbursement by the AGENT which are determined to be in
violation of appropriate Federal, State and/or The STOP
Organization's statutes, regulations or guidelines shall be
refunded to The STOP Organization or if this AGREEMENT or
ADDENDUM(S)thereto or subsequent AGREEMENT or ADDENDUM(S) hereto
are still in effect, shall be withheld by The STOP Organization
from any reimbursement request of the AGENT.
The AGENT shall be required to comply with Section 3.6
(Procurement/Property Management) of this AGREEMENT for requests
for reimbursement of expended costs incurred in the acquisition
or leasing of property, as approved by The STOP Organization and
delineated in the AGENT's budget.
3.3.7 The method of payment shall be as stipulated in the ADDENDUM(S)
to this AGREEMENT.
3.4 The Budget
3.4.1
3.4.2
3.4.3
The ADDENDUM(S) to this AGREEMENT shall include a budget subject
to approval by The STOP Organization. Said proposed budget shall
conform to applicable Federal and State Laws and regulations and
shall be in such form as may be specified by The STOP
Organization. The Budget will be attached to, incorporated into
and made a part of this AGREEMENT.
Any changes to the budget or method of payment schedule require
the prior submission of a Modification by the AGENT and prior
approval of The STOP Organization.
If at any time The STOP Organization determines that funds
budgeted for this AGREEMENT will be expended prior to the
completion date of this AGREEMENT, the AGENT may be so notified
and those excess funds may be reallocated to other existing
services or activities or used for any other purposes for which
The STOP Organization determines there is a need. The STOP
Organization agrees to give consideration to the reallocation to
other existing services or activities of the AGENT from which the
said excess funds are taken, but only insofar as reallocation of
said excess funds of the AGENT is consistent with the priority
goals and purposes of The STOP Organization.
3.4.4 Applicable credits such as rebates, discounts, refunds and
overpayment adjustments, as well as interest earned on any of
4
them, shall be credited as a reduction of costs if received
during the same funding period that the cost was initially
charged. Credits received after the funding period shall be
returned to The STOP Organization.
3.5 Administrative and/or Program Costs
3.5.1
3.5.2
3.5.3
If the AGENT is awarded Administrative and/or Program Costs for
salaries and fringe benefits not attributable in total to this
AGREEMENT in order to operate a program or project funded under
this AGREEMENT or an ADDENDUM hereto, documentation in the form
of time and attendance records shall be kept indicating the total
time worked by each individual and specifically delineating t h e
hours for which Administrative and/or Program costs are being
requested under this AGREEMENT and/or ADDENDUM(S) hereto.
If the AGENT is awarded Administration and/or Program costs an
order to operate a program or project funded under this AGREEMENT
or an ADDENDUM hereto, such Administrative, and/or Program costs
not attributed in total to this AGREEMENT and ADDENDUM hereto
must be supported by a cost allocation plan. Any costs which
cannot be directly charged to a specific cost category but which
may benefit both cost categories must also be supported by a cost
allocation plan. All costs incurred under this AGREEMENT or
ADDENDUM hereto must be supported by appropriate documentation
consistent with generally accepted accounting standards.
The AGENT shall not apply WIA, Administrative and/or Program
funds to support programs or activities for any persons other
than WIA participants in accordance with this AGREEMENT or
ADDENDUM(S) hereto.
3.6 Procurement/Property Management
3.6.1
3.6.2
3.6.3
Property leased or purchased with WIA funds, shall only be used
in implementing The STOP Organization programs funded by this
AGREEMENT or any ADDENDUM hereto pursuant to the AGENT's program
budget.
The AGENT shall obtain written approval from The STOP
Organization when the AGENT desires to retain, at termination of
this AGREEMENT or ADDENDUM hereto, any property purchased with
funds provided for by this AGREEMENT or ADDENDUM hereto where
such item(s) had an initial unit cost of three hundred dollars
($300.00) or more, or where the above referenced item(s) are to
become the property of The STOP Organization participants
enrolled in The STOP Organization program at the conclusion of
the program. The AGENT shall submit the request for approval to
The STOP Organization no later than thirty (30)days prior to the
termination of the program.
Any purchases of property with a per unit acquisition cost of
three hundred dollars ($300.00) or more and any purchase, or
lease of property with an annual per unit cost of one thousand
dollars ($1000.00) or more, are allowable only with prior STOP
Organization approval.
5
1
k
3.6.4
3.6.5
3.6.6
(a) Prior to expending funds for any of the items described in
Section 3.6.3, the AGENT shall request written permission
from The STOP Organization.
(b) The AGENT shall not take steps to acquire the property
prior to obtaining STOP Organization approval.
The AGENT shall be solely responsible for the inventory
maintenance, and safekeeping of all property assigned to the
AGENT's use under this AGREEMENT. The AGENT will return such
property to The STOP Organization at the end of the AGREEMENT if
it is not reassigned to the AGENT under a subsequent AGREEMENT',
in the condition it was in when assigned to the AGENT; normal
wear and tear is excepted, unless otherwise approved by The STOP
Organization.
The AGENT shall maintain on such property fire insurance, with
extended coverage and additional extended coverage, if necessary,
in accordance with the established valuation of such property
assigned to the AGENT, and such other insurance in such amounts
as The STOP Organization may require from time to time to
satisfactorily protect The STOP Organization from all risks,
including motor vehicle liability insurance. The STOP
Organization shall be provided, upon request, proof of such
insurance policy or policies with the AGENT and The STOP
Organization as named insured, as their interest may appear, and
The STOP Organization shall be additionally be provided with
endorsements as required from time to time during the AGREEMENT
to cover any additional property dedicated to this AGREEMENT or
to cover any risks intended to be covered but not previously
included.
The acquisition and management of property shall adhere to the
provisions of the Virginia Public Procurement Act (VPPA) and 29
CFR Part 97 and/or OMV Circulars governing public contracts and
property management and procurement/property management policies
published by The STOP Organization. An Agent which does not
operate within the control of a unit of local government shall
establish and maintain a written procurement system and attendant
procedures which are in compliance. Agents which operate within
the control of a unit of local government shall adhere to local
procurement policies and procedures.
SECTION 4
GENERAL CONDITIONS
4.1 Program Descriptions
The AGENT shall provide a description of all programs under this AGREEMENT
administered by it or otherwise in accordance with the provisions of the WIA.
The AGENT's program description shall be appended to this AGREEMENT and made
a part thereof by reference thereto, and will be in accordance with all other
applicable provisions of PL 105-220, and subsequent amendments contained in
Public Law 102-367 and Section 15.2-1300 of the Code of Virginia, 1950, as
amended.
6
4.2 Conflict of Interest
The AGENT covenants that no person who presently exercises any functions or
responsibilities in connection with The STOP Organization has an financial
interest, direct or indirect in this AGREEMENT, and that no person having any
conflict or interest shall be employed. Any interest on the part of the
AGENT or its employees must be disclosed to The STOP Organization. This
paragraph shall not be construed so as to unreasonably impede the statutory
requirements that maximum opportunity be provided for employment of and
participation by residents of the area. The AGENT shall avoid conflict of
interest involving procurement activities using funds appropriated under this
AGREEMENT. The AGENT shall maintain a written code of standards of conduct
governing the performance of persons engaged in the administration and
operation of this AGREEMENT.
4.3 Political Activity
4.3.1
4.3.2
4.3.3
4.3.4
4.3.5
4.3.6
None of the funds or services granted by The STOP Organization to
the AGENT under this AGREEMENT shall be used in the performance
therein for any partisan political activity or to further the
election or the defeat of any candidates for public office within
the constraints of the Hatch Act (5 USC 1501) or the Federal
Election Campaign Acts, as amended (2 USC 431).
No participant may, at any time, engage in partisan or
nonpartisan political activities during hours for which the
participant is enrolled in WIA funded programs.
No participant may, at any time, engage in partisan political
activities in which such individual represents him/herself as a
spokesperson of the WIA or The STOP Organization program.
No participant may be employed or outstationed in the office of a
member of Congress or State or local Legislator or on any staff
of a Legislative Committee.
No participant may be employed or outstationed in positions
involving political activities in the offices of other elected
officials.
Moreover, the AGENT shall not select, reject, or promote a
participant based on that individual's political affiliation or
beliefs.
4.4 Religious Activity
4.4.1
4.4.2
There shall be no religious worship, instruction, or
proselytizing as a part of or in connection with the performance
of this AGREEMENT.
The AGENT shall not use any funds appropriated under this
AGREEMENT or ADDENDUM(S) hereto in support of any religious
activity, nor in support of any anti -religious activity.
Participants may no be employed to provide educational curriculum
of religiously affiliated elementary and secondary schools.
7
4.4.3
The AGENT shall not use any funds appropriated under this
AGREEMENT or ADDENDUM(S) hereto for the construction, operation
or maintenance of any part of a religious facility which is used
or will be used as a place for religious worship.
4.5 Non -Discrimination, Equal Opportunity, Affirmative Action
4.5.1
4.5.2
4.6 Nepotism
4.6.1
4.6.2
4.6.3
The AGENT agrees to comply with the Civil Rights Act of 1964, as
amended, the Age Discrimination Act of 1975, as mended, Title Ix
Education Amendment of 1972, as amended, the Rehabilitation Act
of 1973, as amended and the Americans with Disabilities Act of
1990 which prohibits discrimination because of disability and al."
other applicable Federal, State and local legislation.
The AGENT understands and agrees that no person otherwise
eligible shall be excluded from participation in or be denied
employment in the administration of or in connection with any WIA
funded program because of race, color, religion, sex, national
origin, age, disability, political affiliation or belief.
The AGENT or employing agency may not hire a person in an
administrative capacity, staff position or On -the -Job Training
position funded in whole or in part under the ACT if a member of
that person's immediate family is engaged in an administrative
capacity for the AGENT or employing agency.
Where the AGENT's nepotism guidelines or state or local
guidelines are more stringent than the above requirements, those
guidelines shall be followed instead.
Immediate family member for purposes of this section shall mean a
person's wife, husband, son, daughter, mother, father, brother,
sister, brother-in-law, sister-in-law, aunt, uncle, niece,
nephew, step-parent or step -child.
4.7 Fraud and Abuse
4.7.1
4.7.2
The AGENT shall not train or provide services to ineligible
individuals with funds provided under this AGREEMENT or
ADDENDUM(S) thereto. The AGENT shall not embezzle, willfully
misapply, steal, or obtain by fraud, any of the monies, funds,
assets, or property which are the subject of this AGREEMENT or
ADDENDUM(s) thereto. If the AGENT violates this provision the
AGENT shall be subject to the sanctions of the ACT as amended and
to the criminal provisions of Title 18 of the United States Code
Section 665. The AGENT shall also be subject to the immediate
suspension of payments by The STOP Organization under this
AGREEMENT and ADDENDUM(S) hereto and immediate termination by The
STOP Organization of this AGREEMENT and ADDENDUM(S) hereto.
The AGENT agrees and understands that no officer or employee of
the AGENT shall tender or solicit gratuities, favors or anything
of monetary value from any actual or potential subcontractor or
any staff person or elected official connected with The STOP
Organization.
8
4.7.3
4.7.4
The AGENT agrees and understands that there shall be no fee
charged to an individual for the placement of that individual in
a training or employment program under the ACT. No fees oth e -
than those collected herein shall be collected from any source in
connection with this AGREEMENT or ADDENDUM(S) hereto for the
enrollment or placement of participants.
The AGENT shall not use any funds appropriated under this
AGREEMENT or ADDENDUM(S) hereto for lobbying Federal, State,
local legislators.
4.8 Child Labor Laws
or
The AGENT shall comply with all applicable Federal, State and local child
labor laws, particularly the Child Labor Laws of the Fair Labor Standards
Act, 29 USC 203 (1938), as amended and the implementing Federal Regulations
at 29 CFR 570 (1979) in particular, 29 CFR 570 Subpart C (1979), Employment
of Minors Between Fourteen (14) and Sixteen (16) Years of Age, and 29 CFR
4570 Subpart E (1979), Occupations, Particularly Hazardous for the Employment
of Minors Between Sixteen (16) and Eighteen (18) Years of Age or Detrimental
to Their Health or Well Being.
4.9 Collective Bargaining Agreements
The AGENT agrees and understands that it must comply with and shall not
violate the terms and conditions of any collective bargaining AGREEMENT in
effect during the course of this AGREEMENT.
4.10 Unions
4.10.1
4.10.2
4.10.3
The AGENT shall not use any funds appropriated under this
AGREEMENT or ADDENDUM(S) hereto to either promote or oppose
unionization.
No participant may be placed into, or remain working in any
position which is affected by labor disputes involving a work
stoppage. The AGENT shall make every effort to relocate
participants who wish to remain working in suitable positions,
unaffected by the work stoppage.
The AGENT shall not require any participant in a position funded
by this AGREEMENT to join a union in order to receive
institutional training unless the participant is subject to a
collective bargaining AGREEMENT containing a union security
provision.
4.11 Grievance Procedures
The AGENT shall comply with the handling of grievances as stipulated under
WIA Regulations and agrees to incorporate herein, such regulations as may be
amended from time to time during the life of this AGREEMENT by reference and
to ensure its full compliance with such procedures as well as access to the
rights there under by all parties.
9
4.12 Publicity and Publication
Any publicity, via news releases or other means in the control of or the
beginning at the instance of the AGENT pertaining to the services hereunder,
shall clearly indicate that the program is funded with WIA funds, if
applicable, by the Commonwealth of Virginia through The STOP Organization and
the Workforce Development Board.
4.13 Subcontractors
The activities administered by the AGENT and covered by this AGREEMENT shall
not be subcontracted or assigned without first obtaining the written consent
of The STOP Organization, which may be withheld if The STOP Organization in
its sole discretion, does not consider such subcontracting to be advisable ox
in the best interest of the program which is the subject of this AGREEMENT.
No such subcontracting shall in any way relieve the AGENT of its primary
responsibility under this AGREEMENT and all subcontracting must be done in
accordance with Federal and State procurement procedures. The STOP
Organization must be provided with a signed copy of all subcontracts approved
under this AGREEMENT.
4.14 Notices
All notices pursuant to the terms of this AGREEMENT shall be deemed to have
been given, if hand delivered or mailed by registered or certified mail, to
The STOP Organization at 2551 Almeda Avenue, Norfolk, VA 23513 unless
otherwise notified of a different address in writing.
4.15 Progress Reports
The AGENT shall deliver to The STOP Organization, by he fifth (5th) work day
after the end of each month, a STOP Organization progress report to provide
periodic reports as required by The STOP Organization.
4.16 Assurances and Certifications
4.16.1 In administering programs under the WIA, the AGENT assures
and certifies that:
(1) It will comply with Title VI of the Civil Rights Act
of 1964 (P. L. 88-352) and the American Disabilities
Act of 1990 (P.L. 101-336).
(2) It will comply with the requirements of the
provisions of the Uniform Relocation Assistance and
Real Property Acquisition Act of 1970 (P. L. 91-646)
which provides for fair and equitable treatment of
persons displaced as a result of Federal and Federal -
assisted programs.
(3) It will comply with the provisions of the Hatch Act
which limit the political activity of certain State
and local government employees.
(4) It will provide for adequate on-site medical and
accident insurance and/or appropriate workmen's
10
compensation for all persons entitled to such
coverage under the law to include staff funded under
this AGREEMENT and WIA and/ participants enrolled and
trained by the AGENT under this AGREEMENT.
(5) It will avoid organizational conflict of interest,
and its personnel shall avoid personal conflict of
interest and appearance of conflict of interest in
awarding financial assistance, and in the conduct of
procurement.
(6) It will conduct its operations under this AGREEMENT
in compliance with all applicable laws, ordinances,
codes, or other regulations under the laws of the
Commonwealth of Virginia and (when applicable), the
Cities of Norfolk, Portsmouth, Virginia Beach,
Chesapeake, Suffolk, Franklin and the Counties of
Southampton and Isle of Wight, as exist at the
effective date of this contract or as may be in
effect from time to time during the term of this
contract.
(7) It will maintain appropriate standards for health and
safety in work and training situations.
(8) Conditions of employment and training will be
appropriate and reasonable with regard to the type of
work, geographical region and the proficiency of the
participant.
(9) The program will not result in the displacement of
employed workers, or impair existing contracts for
services, or result in the substitution of Federal
funds for other funds in connection with work that
would otherwise be performed.
(10) No funds will be used to train participants to fill a
job opening created by the action of any employer in
laying off or terminating the employment of any other
employee of the employer in anticipation of filling
the vacancy so created by hiring of a WIA trainee.
(11) Funds provided under this AGREEMENT shall be used to
supplement rather than supplant the level of funds
that would otherwise be made available to the AGENT
from other sources.
(12) It agrees to comply with the Hazardous Occupation
Order issued pursuant to the Fair Labor Standards Act
(29 CFR 570.31) with respect to the employment of
youths between (14) and sixteen (16) years of age.
(13) It agrees to comply with the WIA requirements
pertaining to patent rights and copyrights and rights
in data.
11
4.16.2
(14) It agrees to comply with the requirements of the
Virginia Fair Employment Contracting Act.
(15) It agrees to comply with the WIA requirements
pertaining to patent rights and copyrights and right:
in data.
(1) The AGENT, in signing this contract, assures that it
will fully comply with the requirements of the
Workforce Investment Act, Public Law 105-220, and
subsequent amendments contained in Public Law 102-
367, all current and future Federal regulations
issued pursuant to the Act, 41 CFR 29-70, dealing
with cost principles, OMB Circulars, Program Rules
and Regulations the conditions of this AGREEMENT and
ADDENDUM(S) hereto and with the local Strategic Plan
as approved by the appropriate authority of the
Commonwealth of Virginia.
(2) The AGENT agrees to abide by all present and future
Federal/State laws, rules and regulations or other
administrative requirements imposed upon The STOP
Organization or which are applicable to this
AGREEMENT or to the activities of the AGENT, carried
on pursuant to this AGREEMENT.
(3) The AGENT agrees that when financial assistance
programs under Title IV of the higher Education Act
(HEA), The Pell Grant program, the Supplemental
Education Opportunity Grant program, the Work Study
program, the Perkins Loan program, The Family
Education Loan program (including Stafford, PLUS and
Supplemental Loans for Student programs) which
provide student financial aid programs for post-
secondary education, are available to WIA
participants, that funds provided under WIA shall not
be used to duplicate facilities or services available
in the area (without reimbursement) from federal,
state or local sources, unless it is demonstrated
that alternative services or facilities would be more
effective or more likely to achieve The STOP
Organization's performance goals. In addition, to
avoid the possibility of double payment where the
AGENT's WIA participant(s) receives a Pell Grant, the
AGENT must document for monitoring purposes, the
funds received from Pell and the purpose for which
they were received. Funds received from Pell must
not be used to pay for expenses provided for in the
AGENT's STOP Organization contract.
Pell grant receipt must be documented in the participant's ISS.
4.17 Vested Powers
All powers not explicitly vested in the AGENT by this AGREEMENT remain with
The STOP Organization.
12
4.18 Execution of Agreement
This AGREEMENT shall not be binding until executed by The STOP Organization
through the President & CEO, after first being signed and submitted by the
AGENT, after being duly approved and ratified by the AGENT's governing body
or otherwise as required under the AGENT's Charter and under State law.
Proof of such approval will be provided to The STOP Organization upon
request.
4.19 Termination of Services
4,19.1
4.19.2
4.19.3
4.19.4
Notwithstanding any other section of this AGREEMENT or
ADDENDUM(S) hereto, this contract and the obligations provided
hereunder may be terminated in whole or in part or may be
curtailed in whole or in part by The STOP Organization in the
event the Federal funds are terminated or funding is restricted
or curtailed in any manner. In the event of termination, as
aforesaid, The STOP Organization's obligation to compensate the
AGENT for services performed or to be performed, shall
immediately cease. In addition, thereto, The STOP Organization
may terminate this AGREEMENT at any time by giving at least
thirty (30) days' notice in writing to the agent.
The STOP Organization or AGENT is entitled to termination for
convenience upon thirty (30) days' prior written notice to the
other party. The AGENT will be entitled to receive just and
equitable compensation for services performed hereunder through
the date of termination.
However, The STOP Organization shall not be liable for any
expenses incurred by the AGENT after the effective date of
termination of this AGREEMENT or any ADDENDUM(S) hereto.
The STOP Organization may terminate or suspend this AGREEMENT at
any time that its authorized representative, which shall be the
President & CEO, determines that:
(1) The AGENT has failed to provide any of the services the
AGENT has contracted to provide; or
(2) The AGENT has failed to comply with any of the provisions
contained in this AGREEMENT or any ADDENDUM(S) hereto: or
(3) The AGENT fails to perform in whole or in part under this
AGREEMENT and any ADDENDUM(S) hereto, or fails to make
sufficient progress so as to endanger performance of the
AGENT's obligations to operate the programs contracted for;
or
(4) The AGENT has failed to comply with the WIA Regulations
regarding this AGREEMENT or any ADDENDUM(S) hereto.
If The STOP Organization elects to terminate or suspend this
AGREEMENT under the provisions set forth in Section 4.19.3 above,
The STOP Organization may immediately terminate or suspend the
AGREEMENT and any ADDENDUM(S) hereto, and notify the AGENT in
writing of the termination or suspension effective at the time of
13
4.19.5
4.19.6
4.19.7
4.19.8
4.19.9
suspension or of The STOP Organization's termination of the
AGREEMENT and any ADDENDUM(S) hereto. If The STOP Organization
grants the AGENT the opportunity to correct the problem, then the
AGENT shall have ten (10) working days in which to respond with <,
corrective plan. Failure to respond with a corrective action plan
acceptable to The STOP Organization may result in a termination
notice to the AGENT effective from the time of the original
termination or suspension.
The STOP Organization may immediately suspend payment to the
AGENT at any time its President & CEO has sufficient cause to
seek termination of this AGREEMENT and any ADDENDUM(S) hereto as
described in Section 4.19.36. If The STOP Organization grants
the agent the opportunity to correct the problems, then
suspension of payments shall remain effective until The STOP
Organization determines whether the problems have been solved and
the program continues, or until The STOP Organization completely
terminates the program at which time no payments would be made
after the date of the original suspension.
The AGENT shall have the right to appeal any determination to
terminate made by The STOP Organization except that if the AGENT
has failed to submit his appeal within thirty (30) days from the
date of the termination notice or has failed to request extension
of such time, it shall have no such right of appeal.
Except as otherwise provided in this contract, any dispute
concerning a question of fact arising under this contract which
is not disposed of by AGREEMENT shall be decided by The STOP
Organization which shall reduce the decision to writing and mail
or otherwise furnish a copy of it to the AGENT. The decision of
The STOP Organization shall be final and conclusive unless within
thirty (30) calendar days from the date of receipt of such
decision, the AGENT mails or otherwise furnishes to The STOP
Organization a written appeal addressed to the President & CEO of
The STOP Organization. The decision of The STOP Organization or
its duly authorized representative for the determination of such
appeals shall be final and conclusive unless determined by a
court of competent jurisdiction to have been fraudulent or
capricious or arbitrary or so grossly erroneous as to imply bad
faith or not supported by substantial evidence. In connection
with any appeal proceeding under this cause, the AGENT shall be
afforded an opportunity to be heard and to offer evidence in
support of its appeal. Pending final decision of a dispute
hereunder, the AGENT shall proceed diligently with the
performance of the AGREEMENT and any ADDENDUM(S) hereto, and in
accordance with The STOP Organization.
If the AGENT wishes to appeal a decision to terminate, the AGENT
shall comply with The STOP Organization's appeal procedures.
In the event of termination not for convenience, the AGENT shall
be paid for services rendered up to the date of termination;
however, from the amount due, there shall be deducted:
14
4.19.10
4.19.11
(a) all advances or other payments on account made to the AGEN`
for expenses subsequent to the termination of this
AGREEMENT and any ADDENDUM(S) hereto; and
(b) any claim which The STOP Organization may have against the
AGENT in connection with this contract or any other prior
AGREEMENT and any ADDENDUM(S) hereto; and
(c) The agreed -for -price for, or the proceeds of the sale of
any materials, supplies or other things acquired by AGENT
or sold pursuant to the provisions of this clause and not
otherwise recovered by or credited to The STOP
Organization; and
(d) any disallowed costs discovered during an audit.
In the event of a termination for cause, the AGENT shall be
liable to The STOP Organization for damages sustained by The STOP
Organization by virtue of any breach of this AGREEMENT and any
ADDENDUM(S) hereto by the AGENT including court costs and
reasonable attorney fees.
In the event of the voluntary or involuntary dissolution or
cessation of business by the AGENT's organization, the AGENT
shall inform The STOP Organization of its intent to dissolve and,
prior to actual dissolution, The STOP Organization may then
arrange to conduct an immediate audit of the AGENT's program(s)
and/or request that provisions be made for presentation of all
records pertaining to the program(s) funded by this AGREEMENT and
any ADDENDUM(S) hereto.
4.20 Maintenance of Effort
The AGENT ensures that: (1) the funds for this program will result in an
increase in workforce development opportunities over those which would
otherwise be available; (2) this program does not cause displacement of
currently employed workers, including partial placement; (3) this program
does not impair existing contracts for services or result in substitution of
Federal funds for other funds; (4) this program will result in the creation
of training and/or jobs that are in addition to that which would be funded in
the absence of assistance under the ACT; (5) and this program does supplement
and does not supplant the level of funds that would otherwise be made
available from non-federal sources for the planning and administration of
this program. If a hiring freeze for AGENT's regular employees is Imminent,
The STOP Organization must be notified immediately.
4.21 Evaluation
4.21.1
The STOP Organization shall monitor, review and evaluate program
performance. For such purposes, The STOP Organization requires
reasonable access to the program staff, records, and clients.
The STOP Organization agrees to attempt to conduct its monitoring
and evaluation of the program by means that will not unreasonably
disrupt the ongoing conduct of the program.
4.21.2 If as a result of such monitoring, review, or evaluation, the
President & CEO of The STOP Organization shall determine that the
15
4.21.3
4.21.4
assurances and certifications, the terms of this AGREEMENT and
any ADDENDUM(S), or regulations or grant terms and conditions
which the Commonwealth of Virginia or the Secretary of Labor has
issued, or shall subsequently issue, are not being met by the
AGENT, then said President & CEO shall notify the AGENT in
writing of such noncompliance and direct the agent to take such
corrective actions as the President & CEO shall deem necessary.
The President & CEO is authorized to order suspension of payment:I
to the AGENT under this AGREEMENT and any ADDENDUM(S) hereto, an
the return to The STOP Organization of all funds provided to the
AGENT, beyond that for which an entitlement exists prior to
actual suspension, until corrective action is taken or, if an
appeal is made pursuant to Section 4.19.6 herein, until the
appeal procedure is completed.
Upon receipt of this aforesaid notification, the Agent shall,
within ten (10) days, submit to The STOP Organization for
approval a statement of the manner in which such corrections will
be made, or should the AGENT contest the determination of the
President & CEO as to the noncompliance of the AGENT of the
corrective actions required, the AGENT shall, within a thirty
(30) day period, submit to the President & CEO, a notice of
appeal, setting forth the specific objections to the
determination or order of the President & CEO. In the event of
such appeal, the President & CEO shall process the appeal
pursuant to the procedures established by The STOP Organization
in compliance with the applicable regulations.
The AGENT shall further, pursuant to regulations, make available
to The STOP Organization, any and all applications and
information received by the AGENT from prospective and actual
participants for the purpose of verification of eligibility of
WIA participants. In the event it is determined at any time that
an individual, previously approved for participation is in fact
ineligible for participation, regardless of the reason or sources
for the erroneous approval, such participant shall immediately,
upon notification to the AGENT and participant, be terminated.
4.22 Disclosure of Confidential Information
The AGENT agrees to maintain the confidentiality of any information regarding
applications and clients, or their immediate families, which may be obtained
through application forms, interviews, tests, reports from public agencies,
or counselors or any other source. The AGENT agrees to secure the written
permission of each individual applicant applying and client participating in
any program under this AGREEMENT and any ADDENDUM(S) hereto to divulge such
information solely to The STOP Organization or its agents as may be necessary
for purposes related to the performance and evaluation of this AGREEMENT and
any ADDENDUM(S) hereto and to persons having responsibilities under this
AGREEMENT and any ADDENDUM(S) hereto.
4.23 Modification
The AGENT agrees that any change in laws, rules, regulations or other
administrative or legal change mandated upon The STOP Organization will
automatically be incorporated into this contract after notice to the AGENT
without the necessity of any further formal modification of this AGREEMENT
16
and any ADDENDUM(S) hereto. Failure to comply after such notice shall be a
breach of this contract by the AGENT. Where the AGENT or The STOP
Organization desire to alter the total budget amount or extend or modify the
terms or obligations of the AGENT or The STOP Organization under this
AGREEMENT or any ADDENDUM(S) hereto, including changes in the number of
participants or a shift of funds between budget categories, it shall be done
pursuant to a written agreement. This action shall be initiated by the party
desiring such change and will be executed by properly signed Modification
documents.
4.24 Program Income - Income Derived from the Operations of WIA Funded Programs
All program income realized in operating a program provided for under this
AGREEMENT or any ADDENDUM(S) hereto, shall be reported to The STOP
Organization at the end of each quarter during which the income was realized
and returned to The STOP Organization at the end of each Program Year or
expended on the WIA Program within the Program Year with prior approval from
The STOP Organization unless otherwise agreed to by The STOP Organization_
The AGENT must maintain and retain supporting documentation related to the
generation and/or expenditure of program income for audit and monitoring
purposes. All expenditures of program income must be for allowable costs
under WIA and are subject to procurement and property management
requirements.
4.25 Insurance, Bonding and Indemnification
The AGENT shall maintain and provide verification upon request during the
term of this AGREEMENT and any ADDENDUM(S) hereto, the insurance and bonding
specified below:
4.25.1
4.25.2
Worker's Compensation on all employees engaged under this
AGREEMENT or ADDENDUM(S) hereto. If such work is subcontracted,
the AGENT shall require the provision of Worker's Compensation
for all Sub -Agent's employees.
General Liability Insurance on a negligence basis, including
Contingent Liability, in amounts not less than $300,000.00, to
cover the injury to or death of one person in any one occurrence
and not less than $1,000,000.00 to cover the injury to or death
of more than one person in any occurrence, together with property
damage coverage of not less than $1,000,000.00 and for coverage
of physical injuries to participants not covered under Workman's
Compensation. The STOP Organization shall be named as the
primary or as an additional insured under the contract, when
possible. Premiums chargeable for the insurance shall be paid by
the AGENT and it shall be kept in force during the term of this
AGREEMENT and any ADDENDUM(S) hereto. It shall contain a
provision that it shall not be cancelled or terminated or
otherwise allowed to expire until after at least sixty (60) days
written notice to that effect is given to The STOP Organization.
A certified copy of said insurance policy shall be furnished to
The STOP Organization upon request. Such policies shall contain
provisions for extended coverage consistent with the statute of
limitations.
4.25.3 In Cost Reimbursement, Line Item Budget agreements, the AGENT
shall secure Surety Bonding in an amount of $100,000 or the total
17
4.25.4
amount of this AGREEMENT and any ADDENDUM(S) hereto, whichever
less to provide coverage for those employees in positions
allowing for access or control of program funds. In the case
where the AGENT runs more than one program for The STOP
Organization, the AGENT agrees to purchase Surety Bonding in the
total amount of all programs run for The STOP Organization or
$100,000, whichever is less. The AGENT shall provide The STOP
Organization with a certificate of such Surety Bonding upon
request, naming The STOP Organization as a beneficiary thereof.
The AGENT shall make available to The STOP Organization, upon
request, Certificates of Insurance and Bonding prior to
commencing any operations under this AGREEMENT and any
ADDENDUM(S) hereto, with such certificates clearly indicating
that the AGENT has obtained insurance and bonding in the amounts,
types, and classifications specified in this section.
4.25.5 Cash Restrictions: All funds (cash, checks, and otherwise) shall
be payable to:
4.25.6
CITY OF VIRGINIA BEACH/CARE YOUTH LEADERSHIP CAMP
and delivered by The STOP Organization to the AGENT and shall be
addressed to:
MALISSIA LEE, CAMP DIRECTOR
The AGENT understands and agrees that it is an independent
contractor and agrees to indemnify The STOP Organization in such
a manner as to (1) reimburse, hold and save The STOP Organization
harmless from all charges, damages, costs, including legal fees,
loss or expenses that The STOP Organization may be required to
pay or otherwise sustain, arising out of or related to any
agreements between the said AGENT and The STOP Organization and
by any reason of any person, firm or corporation being injured or
damaged in any person or property, arising over or related to,
any agreements between the said AGENT and The STOP Organization,
or any subcontractor including The STOP Organization, as an
accommodation subcontractor or the AGENT; (2) in the event that
suit or proceeding shall be brought against The STOP
Organization, either independently or jointly with the said AGENT
on account thereof, defend The STOP Organization in any such suit
or proceeding; (3) in the event of a final judgment or decree
being obtained against The STOP Organization, either
independently or jointly with the said AGENT, pay such judgment
or comply with such decree with all costs and hold The STOP
Organization harmless there from.
The AGENT agrees to give The STOP Organization immediate notice in writing 0,
any action or suits filed and prompt notice of any claims made against -the
AGENT or any of the parties involved in the implementation and administ rat io,
of the WIA Program.
4.27 Counterparts
This AGREEMENT shall be executed in two (2) counterparts, each of which shall
be deemed an original.
4.28 Records Retention
The AGENT shall keep copies of all records and accounts, including financial,
statistical, property and participant records and support documents
pertaining to the operation of this AGREEMENT and/or ADDENDUM(S) hereto for
four (4) years following the expiration of this AGREEMENT. However, if any
audit claim, litigation, negotiation or other action involving the records
has been started before the expiration of the four (4) year period, the
records shall be retained until completion of the action and resolution of
all issues which arise from it, or the four (4) year period, whichever is
greater. Records of non -expendable property shall be retained for a period
of three (3) years after final disposition of the property. The AGENT shall
be responsible for all costs associated with this provision.
The STOP Organization, and any of its authorized representatives shall have
the right of timely and reasonable access to any books, documents, papers,
computer records, or other records of the Agent and its subcontractors that
are pertinent to their Agreement and any Addendum(s) hereto in order to
conduct audits and examinations, and to make excerpts, transcripts, and
photocopies of such documents. This right also includes timely and reasonable
access to Agent, Agent's personnel and Agent's subcontractor and
subcontractor personnel for the purpose of interviews and discussion related
to such documents. The right of access is not limited to the required
retention period but shall last as long as the records are retained.
4.29 Contract Close -Out
4.29.1
4.29.2
4.29.3
The AGENT shall forward to The STOP Organization within four (4)
weeks of the termination of this contract, or as may otherwise be
determined by The STOP Organization, a completed Close -Out
Package, as specified by The STOP Organization.
Upon completion of the program or upon the earlier termination of
this subject program for any reason, within four (40 weeks after
the close of the month in which the services or activities to be
provided by the AGENT pursuant to this AGREEMENT and any
ADDENDUM(S) hereto are completed or earlier terminated, as the
case may be, the AGENT shall provide to The STOP Organization, a
final closeout report in accordance with Section 4.29 hereof.
The AGENT shall be responsible for the return of all WIA property
with unit cost in excess of $300, unless otherwise determined by
The STOP Organization.
19
Basic Agreement Number: STOP-01-01-PY' 02
IN WITNESS HEREOF, City of Virginia Beach/CARE Youth Leadership Camp
has caused this AGREEMENT to be executed and signed in its name by
TamP.0 K Snnre nr hic T)ecianee
its
City Manama
and the STOP Organization has caused this AGREEMENT to be executed and signed in its name
by Edith R. Jones, President & CEO, all as of the date and year written above.
CITY OF VIRGINIA BEACH/
CARE YOUTH LEADERSHIP CAMP
By
James K. Spore, City Manager/
Authorized Designee of City Manager
By
By
Andre . "riman, Director
Department o Housing and Neighborhood Preservation
THE STOP ORGANIZATION
Edith R. Jones, President & CEO
Reviewed by City Attorney/Law Office
IX. Certification
I agree to abide by all terms and conditions of this solicitation and
certify that I am authorized to sign this proposal on behalf of the
offeror.
Signature
Name and Title
Date
20
1
Personnel
Adden dum
CITY OF VIRGINIA BEACH
CARE YOUTH LEADERSHIP CAMP
PROGRAM COSTS FOR SUMMER
REVISED BUDGET Approved by the STOP Organization
One Director for overtime hrs. $38x9Ohrs $ 3,420
One Lead Teacher for training
teachers $15x205hrs 3,075
One Secretary for overtime hrs. $23x9Ohrs. 2,070
Ten Teachers to train
participants S10x205hrsx10 20,500
Fringe Benefits Lead Teacher & 10 teachers 7 65x$23,575 935
only
$30,000
Note: CARE will pay for the
Director, Secretary & S869 Fringe Benefits
LINE ITEM BUDGET
OBJEC 1' CODE TOTAL
Personnel Salaries and Fringe Benefits $30,000
Grand Total $30,000
Addendum 1-A
CONSIDERATION OF PAYMENT
In consideration of the services to be performed by the AGENT, as set forth in addendum
II page (3) under the paragraph entitled Program Design The STOP Organization agrees to
pay the AGENT the total sum of Thirty Thousand ($30,000.) Dollars upon completion of
services ending August 16, 2002.
- 24 -
Item V -J.5.
ORDINANCES ITEM # 50013
Upon motion by Vice Mayor Mandigo, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance to APPROPRIATE $14,715 in the Library Gift Fund to the
FY 2002-2003 budget of the Public Libraries re additional materials
and equipment:
a Central Library and Branches - $13,000
b Special Services for Blind and visually handicapped - $ 600
c South Rosemont Youth Library - $ 1,115
Voting 10-0 (By Consent)
Council Members Voting Aye
Margaret L. Eure, Louis R Jones, Reba S McClanan, Richard A
Maddox, Vice Mayor Robert C Mandigo, Jr , Mayor Meyera E
Oberndorf Jim Reeve, Peter W Schmidt, Ron A Villanueva and
James L Wood
Council Members Voting Nay
None
Council Members Absent
Rosemary Wilson
August 13, 2002
1 AN ORDINANCE TO APPROPRIATE $14,715 IN THE
2 VIRGINIA BEACH LIBRARY GIFT FUND TO THE FY
3 2002-03 OPERATING BUDGET OF THE DEPARTMENT OF
4 PUBLIC LIBRARIES FOR THE PURPOSE OF PURCHASING
5 LIBRARY MATERIALS AND EQUIPMENT
6 WHEREAS, the Virginia Beach Public Library has received
7 cash donations from citizens and organizations for the expressed
8 purpose of providing additional library materials and equipment.
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
10 OF VIRGINIA BEACH, VIRGINIA:
11 1. That $14,715 in the Library Gift Fund is hereby
12 appropriated to the FY 2002-03 Operating Budget of the Department
13 of Libraries for the purpose of providing additional library
14 materials and equipment.
15 2. That estimated revenue in the FY 2002-03 Operating
16 Budget as a result of donations from citizens and organizations is
17 hereby increased by $14,715.
18 Adopted by the Council of the City of Virginia Beach,
19 Virginia, on the 13 day of August , 2002.
Requires an affirmative vote by a majority of the members
of City Council.
CA -8582
Ordin/noncode/Library Gift Fund.ord.wpd
July 31, 2002
R2
Approved as to Content:
Management Services
Approved as to Legal
Sufficiency:
City Attorney's(ffice
1
- 25 -
Item V -J.6.
ORDINANCES ITEM # 50014
Upon motion by Vice Mayor Mandigo, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance to AUTHORIZE temporary encroachments into a portion
of Pike Inlet Canal by CHARLES F. and DONNA C. EARP re
construction and maintenance of an existing pier, bulkhead and
proposed boat lift at 333 Teal Crescent (DISTRICT 7 - PRINCESS
ANNE)
The following conditions shall be required
1 The temporary encroachment shall 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 as to size, alignment and
location
2 The temporary encroachment shall terminate upon notice by the
City to the applicant and, within thirty (30) days after such
notice is given, the temporary encroachment must be removed
from the encroachment area by the applicant and the applicant
will bear all costs and expenses of such removal
3 The applicant 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
4 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 applicant
5 The applicant agrees to maintain the temporary encroachment so
as not to become unsightly or a hazard
6 The applicant must obtain a permit from the Office of
Development Services Center/Planning Department prior to
commencing any construction within the encroachment area
7 Prior to issuance of a right-of-way permit, the applicant must post
sureties in accordance with the project engineer's cost estimate,
to the Office of Development Services Center/Planning
Department
8 The applicant shall obtain and keep in 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 applicant must also carry comprehensive general liability
insurance in an amount not less than Five Hundred Thousand
Dollars ($500, 000), combined single limits of such insurance
policy or policies The applicant must 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 applicant assumes all
responsibilities and liabilities, vested or contingent, with relation
to the temporary encroachment
August 13, 2002
1
- 26 -
Item V -J.6.
ORDINANCES ITEM # 50014 (Continued)
9 The City, upon revocation of such authority and permission so
granted, may remove the temporary encroachment and charge the
cost thereof to the applicant and collect the cost in any manner
provided by law for the collection of local or state taxes, may
require the applicant to remove such temporary encroachment,
and, pending such removal, the City may charge the applicant for
the use of such portion of the City's right-of-way encroached upon
the equivalent of what would be the real property tax upon the
land so occupied if it were owned by the applicant, and if such
removal shall not be made within the time specified by the City,
the City shall impose a penalty in the sum of One Hundred Dollars
($100 00) per day for each and every day that such temporary
encroachment is allowed to continue thereafter, and, shall collect
such compensation and penalties in any manner provided by law
for the collection of local or state taxes
Voting 10-0 (By Consent)
Council Members Voting Aye
Margaret L Eure, Louis R Jones, Reba S McClanan, Richard A
Maddox, Vice Mayor Robert C Mandigo, Jr , Mayor Meyera E
Oberndorf Jim Reeve, Peter W Schmidt, Ron A Villanueva and James
L Wood
Council Members Voting Nay
None
Council Members Absent
Rosemary Wilson
August 13, 2002
1 Requested by Department of Public Works
2 AN ORDINANCE TO AUTHORIZE
3 TEMPORARY ENCROACHMENTS INTO A
4 PORTION OF PIKE INLET CANAL BY
5 CHARLES F. EARP AND DONNA C EARP,
6 THEIR HEIRS, ASSIGNS AND SUCCESSORS
7 IN TITLE
8 WHEREAS, CHARLES F EARP AND DONNA C. EARP, husband and wife,
9 desire to construct and maintain an existing pier, existing bulkhead and proposed boat lift
10 into a portion Pike Inlet Canal.
11 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
12 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
13 City's right-of-way subject to such terms and conditions as Council may prescribe.
14 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
15 OF VIRGINIA BEACH, VIRGINIA:
16 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
17 2009 and 15.2-2107, Code of Virginia, 1950, as amended CHARLES F. EARP AND
18 DONNA C. EARP , husband and wife, their, assigns and successors in title are authorized
19 to construct and maintain an existing pier, existing bulkhead and proposed boat lift into a
20 portion of Pike Inlet Canal located at the rear of 333 Teal Crescent, Lot 70, Pike Inlet Canal
21 as shown on the map entitled: "ENCROACHMENT REQUEST BULKHEAD, PIER AND
22 BOAT LIFT FOR CHARLES F. AND DONNA C. EARP LOT 70, SANDBRIDGE
23 SHORES, SECTION 1B, NORTH PRINCESS ANNE DISTRICT VIRGINIA BEACH,VA.
24 (M.B. 103 P.G. 24) DATE FEBRUARY 11, 2002" a copy of which is on file in the
25 Department of Public Works and to which reference is made for a more particular
26 description; and
27 BE IT FURTHER ORDAINED, that the temporary encroachments are
28 expressly subject to those terms, conditions and criteria contained in the Agreement between
29 the City of Virginia Beach and CHARLES F. EARP AND DONNA C. EARP, (the
30 "Agreement") which is attached hereto and incorporated by reference; and
31 BE IT FURTHER ORDAINED that the City Manager or his authorized
32 designee is hereby authorized to execute the Agreement.
33 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
34 such time as CHARLES F. EARP AND DONNA C. EARP and the City Manager or his
35 authorized designee execute the Agreement.
36 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 3
37 day of August , 2002.
38 CA-# •
39 R-1
40 PREPARED July 23, 2002
2
APPRfdYED AS TO CONTENTS
MIS C 41,6-141
SIGNATURE
ACU he/ FskifF
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY = N ' ORM
ITY ATTORNEY
7-25-4 Z
II.
XU A
Ad,,' R S.
1
+ \l
\ SITE
JJ
I
z,
LA
LOCATION MAP
SCALE : 1" = 1,600'
LOCATION MAP FOR
ENCROACHMENT
CHARLES F. EARP & DONNA C. EARP
SCALE: 1" = 100'
PREPARED BY PAN ENG. DRAFT. 23-JUL-2002
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58.1-811(ax3)
AND 58 1-811(cx4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this / day of
2040Z , by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City",
and CHARLES F. EARP AND DONNA C. EARP ,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 "LOT #70, SECTION #, 1B SANDBRIDGE SHORES" and being
further designated and described as 333 Teal Crescent, Virginia Beach, Virginia 23456, and
That, WHEREAS, it is proposed by the Grantee to construct and maintain a existing
pier, existing bulkhead and proposed boat lift, "Temporary Encroachment", in the City of Virginia
Beach, and
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of an existing City canal, known as Pike Inlet
and located at the rear of 3 3 3 Teal Crescent, "The Temporary Encroachment Area", and 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 is hereby acknowledged, the City doth grant to the Grantee GPIN
GPIN 2433-16-5290
permission to use The Encroachment Area for the purpose of constructing and maintaining the
Temporary Encroachment
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the 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:
"ENCROACHMENT REQUEST BULKHEAD, PIER
AND BOAT LIFT FOR CHARLES F. AND DONNA
C. EARP LOT 70, SANDBRIDGE SHORES,
SECTION 1B, NORTH PRINCESS ANNE
DISTRICT VIRGINIA BEACH, VA (M.B. 103 PG.
24) DATE: FEBRUARY 11, 2002", 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 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
l
2
1,
encroachment other than that specified herein and to the limited extent specified herein, nor to permit
the maintenance and construction of any encroachment by anyone other than the Grantee
It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Development Services Center/Planning Department prior to commencing any
construction within The Encroachment Area.
It is further expressly understood and agreed that prior to issuance of a right of way
permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the
Office of Development Services Center/Planning Department.
It is further expressly understood and agreed that the Grantee must obtain and keep
in force all-risk property insurance and general liability or such insurance as is deemed necessary by
the City, 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 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
3
pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the
equivalent of what would be the real propert}i 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, CHARLES F EARP AND DONNA C EARP,
the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed
Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and
on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk
CITY OF VIRGINIA BEACH
(SEAL)
ATTEST
City Clerk
By
City Manager/Authorized
Designee of the City Manager
1.1
CHARLES F. EARP
4
DONNA C. EARP
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
My Commission Expires
. STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
Notary Public
The foregoing instrument was acknowledged before me this day of
, 20 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH
My Commission Expires
5
Notary Public
STATE OF //�C,v
CITY/COUNTY OF V�,C 1L Oto -wit.
The foregoing instrument was acknowledged before me this 1- day of( -M%
, 20a by CHARLES F EARP
My Commission Expires.
ex
STATE OF 11CL ' ,�'
CITY/COUNTY OF '� )l� .7..x%4 --et°1_ to -wit:
t�
,,e7
Notary Public
The foregoing instrument was acknowledged before me this u) /'` da of(-,
Y / l "
�
, 20_c2,22by DONNA C EARP
My Commission Expi es-
/ .-Th r
, 9,24J...)--- I
APPROVED AS TO
LEGAL SUFFICIENCY
1! A
t T ' ATTORNEYS,? -
6
APPROVED AS TO CONTENT
4W..r C4 o ia.fe t_
ITY REAL ESTATE AGENT
.
N/F MICHAEL KWIATKOWSKI
2433-16-7094
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NOTE: PIUNG FOR PIER AND BOAT UFT
WERE SET IN CONJUNCTION WITH
BULKHEAD INSTALLATION.
ENCROACHMENT REQUEST IS FOR
BULKHEAD, PIER AND PROPOSED
BOAT UFT.
\ PROPOSED
1— BOAT UFT
JPA IS FOR AFTER—THE—FACT
PIER AND PROPOSED BOAT UFT.
•
/MLW -0 4' AND MHW 2 4'
/
/ AT FACE OF BULKHEADS
/ EXCEPT AS SHOWN
LOT 69
N/F RICHARD J WILCOX
2433-16-7215
R=50 00'
L=58 47'
TEAL
CRESCENT
(50') SITE PLAN
SCALE 1" = 40'
LOT 71
N/F RICKARD E BURNELL
2433-16-4257
WATERFRONT
CONSULTING, INC
1112 JENSEN DRIVE, STE. 206
VIRGINIA BEACH, VA 23451
PHONE. (757) 425-8244
FAX. (757) 425-8244
ENCROACHMENT REQUEST
BULKHEAD, PIER AND BOAT LIFT
FOR
CHARLES F. AND DONNA C. EARP
LOT 70, SANDBRIDGE SHORES, SECTION 1B, NORTH
PRINCESS ANNE DISTRCT VIRGINIA BEACH, VA
(M.B. 103 PG. 24) DATE: 'FEBRUARY 11, 2002
EXHIBIT "A"
1
#1 Existing Pier and Pilings for Boat
Lift (Proposed)
#2 Existing Pier and Bulkhead
#3 Existing Bulkhead
#4 Looking Across Canal @
Neighbors Pier and Bulkhead
#5 Looking East @ Similar Structures
-27 -
Item V -K.
PLANNING ITEM # 50015
1. CURTIS E. and RHONDA L. BOWEN NONCONFORMING USE
2. NELLIE M. SCHUYLER NONCONFORMING USE
3. JOHN S. DUDLEY VARIANCE
4. VERONICA LITTLE BEASLEY CONDITIONAL USE PERMIT
5. HARBOUR DEVELOPMENT CORPORATION, L.L.C. CONDITIONAL CHANGE OF ZONING
CONDITIONAL USE PERMIT
VARIANCE
6. RANDEE MARIE HOLMES CONDITIONAL USE PERMIT
7. CITY OF VIRGINIA BEACH MODIFICATION OFA CUP
(Approved: 4/27/64)
CZO Amendment re sign regulations
in B -3A Pembroke Business Core
District
August 13, 2002
1
-28-
Item V -K..
PLANNING ITEM # 50016
Upon motion by Vice Mayor Mandigo, seconded by Councilman Reeve, City Council APPROVED IN ONE
MOTION Items 1 (DEFERRED), 3,5a/b/c (DEFERRED), 6, 7a, and 7b (DEFERRED) of the PLANNING
BY CONSENT
Item K 1 was DEFERRED INDEFINITELY, BY CONSENT
Item K 5a/b/c was DEFERRED, BY CONSENT, until the City Council Session of October 8, 2002.
Voting 10-0 (By Consent)
Council Members Voting Aye
Margaret L Eure, Louis R Jones, Reba S McClanan, Richard A
Maddox, Vice Mayor Robert C Mandigo, Jr , Mayor Meyera E
Oberndorf Jim Reeve, Peter W Schmidt, Ron A Villanueva and James
L Wood
Council Members Voting Nay
None
Council Members Absent
Rosemary Wilson
Councilman Jones ABSTAINED on Item K 7b (sign regulations in the B -3A Pembroke Central Business Core
District), as he has an ownership interest in Resource Bank, which exceeds three percent of its total equity
Resource Bank has entered into aparticipation agreement for a line of credit to Armada Hoffler Properties
It is likely that Armada Hoffler Properties will manage the Town Center for the project 's developer, Town
Center Associates Also, Resource Bank is in negotiation to lease a new building at the Town Center
August 13, 2002
1
Item V -K.1.
PLANNING
-29-
ITEM # 50017
Upon motion by Vice Mayor Mandigo, seconded by Councilman Reeve, City Council DEFERRED
INDEFINITELY application of CURTIS E. and RHONDA L. BOWEN for the replacement of a
nonconforming use (existing barn, damaged by a falling tree)
Application of Curtis E & Rhonda L Bowen for the replacement of a
nonconforming use (existing barn, damaged by a falling tree) at the
northwest intersection of Salem Road and Meadow Drive Parcel is
located at 2221 Salem Road and contains 40,000 square feet (GPIN
#1474-96-6222) DISTRICT 1 - CENTERVILLE
Voting 10-0 (By Consent)
Council Members Voting Aye
Margaret L Eure, Louis R Jones, Reba S McClanan, Richard A
Maddox, Vice Mayor Robert C Mandigo, Jr , Mayor Meyera E
Oberndorf Jim Reeve, Peter W Schmidt, Ron A Villanueva and James
L Wood
Council Members Voting Nay
None
Council Members Absent
Rosemary Wilson
August 13, 2002
- 30 -
Item V -K.2.
PLANNING ITEM # 50018
Attorney R E Broudon, Phone 499-8971, represented the applicant and distributed petitions in SUPPORT
of the addition Said petitions are hereby made a part of the record
Upon motion by Councilman Wood, seconded by Vice Mayor Mandigo, City Council ADOPTED, with
AMENDED CONDITIONS, Resolution authorizing the enlargement of a nonconforming single-family
dwelling upon application of NELLIE M. SCHUYLER
Application of NellieM Schuyler for the expansion ofa nonconforming
use for a single family dwelling on Lots 3 & 4, Kings Grant Parcel is
located at 3021 Bray Road and contains 1 45 acres more or less (GPIN
#1497-29-3703) DISTRICT 5 - L YNNHA VEN
The following conditions shall be required
1 The footprint of the detached single-family dwelling shall be
subject to this Resolution of City Council and shall be limited to
1,600 square feet
2 The structure shall be in substantial conformance with the
elevations submitted with the application and dated May 20, 2002
Said plans have been exhibited to City Council and are on file in
the Planning Department, City of Virginia Beach The building
materials shall be as specified in the application. The roofing
materials shall be asphalt shingles and the exterior siding shall be
brick and vinyl siding
3 Only family members of the primary dwelling on the site shall
occupy the nonconforming dwelling subject to this resolution of
City Council
4. The property at 3021 Bray Road may not be subdivided and may
only be conveyed as a single lot or parcel.
5. The property at 3021 Bray Road shall not be converted into a
condominium.
Voting 9-0
Council Members Voting Aye
Louis R Jones, Reba S McClanan, Richard A Maddox, Vice Mayor
Robert C Mandigo, Jr , Mayor Meyera E Oberndorf, Jim Reeve, Peter
W Schmidt, Ron A. Villanueva and James L Wood
Council Members Voting Nay
None
Council Members Absent
Margaret L Eure and Rosemary Wilson
August 13, 2002
1 AMENDED II
2 August 13, 2002
3 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A
4 NONCONFORMING SINGLE-FAMILY DWELLING ON
5 PROPERTY LOCATED AT 3021 BRAY ROAD, IN THE
6 LYNNHAVEN DISTRICT
7 WHEREAS, Nellie M. Schuyler (hereinafter the "Applicant")
8 has made application to the City Council for authorization to
9 enlarge a nonconforming single-family dwelling situated on a
10 certain lot or parcel of land having the address of 3 021 Bray Road,
11 in the R-40 Residential District; and
12 WHEREAS, the said single-family dwelling is a
13 nonconforming use, in that the lot contains two single-family
14 dwellings, which is no longer permitted in the R-40 Residential
15 District; and
16 WHEREAS, pursuant to Section 105 of the City Zoning
17 Ordinance, the enlargement of a nonconforming structure is unlawful
18 in the absence of a resolution of the City Council authorizing such
19 action upon a finding that the proposed structure, as enlarged,
20 will be equally appropriate or more appropriate to the zoning
21 district than is the existing structure;
22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
23 OF VIRGINIA BEACH, VIRGINIA:
24 That the City Council hereby finds that the proposed
25 structure, as enlarged, will be equally appropriate to the district
26 as is the existing structure.
27 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA:
29 That the proposed enlargement of the Applicant's single -
30 family dwelling is hereby authorized, upon the following
31 conditions:
32 1. The footprint of the detached single-family dwelling
33 subject to this resolution of City Council shall be limited to 1600
34 square feet.
35 2. The structure shall be in substantial conformance
36 with the elevations submitted with the application and dated May
37 20, 2002. Said plans have been exhibited to City council and are
38 on file in the Planning Department, City of Virginia Beach. The
39 building materials shall be as specified in the application. The
40 roofing materials shall be asphalt shingles and the exterior siding
41 shall be brick and vinyl siding.
42 3. Only family members of the primary dwelling on the
43 site shall occupy the nonconforming dwelling subject to this
44 resolution of City Council.
45 4. The property at 3021 Bray Road may not be
46 subdivided and may only be conveyed as a single lot or parcel.
47 5. The property at 3021 Bray Road shall not be
48 converted into a condominium.
49 Adopted by the Council of the City of Virginia Beach,
50 Virginia, on the 13 day of August , 2002.
51 CA -8579
52 bkw/work/nonconschuyler.wpd
53 R-3
54 August 13, 2002
55
56
57
58
59
60
APPROVED AS TO CONTENT:
Planning
APPROVED AS TO LEGAL
SUFFICIENCY:
61 Department of Law
2
Item V -K.3.
PLANNING
-31 -
ITEM # 50019
Upon motion by Vice Mayor Mandigo, seconded by Councilman Reeve, City Council APPROVED the
application ofJOHNS. DUDLEY for a Variance to Section 4 4(b) of the Subdivision Ordinance re all newly
created lots must meet the requirements of the City Zoning Ordinance (CZO)
Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for John S Dudley
Property is located at 1868 & 1872 Malbon Road (GPIN #2412-25-
4622) DISTRICT 7 - PRINCESS ANNE
The following conditions shall be required
1 The driveway to the house located on Parcel B shall be evaluated
by the Development Services Center to determine if it is sufficient
to support emergency vehicles at all times If determined to be
necessary as a result of the evaluation, a gravel or hard surface
road shall be constructed in lieu of the existing dirt road Any
improvements to the driveway that are required by the
Development Services Center shall be either installed or bonded
prior to recordation of the final subdivision plat
2, An ingress/egress easement providing use of the existing driveway
for the residual parcel shall be shown on the final subdivision
plat
Voting 10-0 (By Consent)
Council Members Voting Aye
Margaret L Eure, Louis R Jones, Reba S McClanan, Richard A
Maddox, Vice Mayor Robert C Mandigo, Jr , Mayor Meyera E
Oberndorf Jim Reeve, Peter W Schmidt, Ron A Villanueva and James
L Wood
Council Members Voting Nay
None
Council Members Absent
Rosemary Wilson
August 13, 2002
1
Item V -K.4.
PLANNING
- 32 -
ITEM # 50020
Victoria L Beasley, the applicant, represented herself and concurred with the amended conditions
Upon motion by Council Lady McClanan, seconded by Councilman Schmidt, City Council ADOPTED the
Ordinance upon application of VERONICA LITTLE BEASLEYfor a Conditional Use Permit for a family
Day -Care Home
ORDINANCE UPON APPLICATION OF VERONICA LITTLE
BEASLE YFOR A CONDITIONAL USE PERMIT FORA FAMIL YDAY-
CARE HOME R080231043
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Veronica Little Beasley for a
Conditional Use Permit for a family Day -Care Home on the south side
ofForest Glen Road, east of Windsor Oaks Boulevard (GPIN#1486-26-
6912) Said parcel is located at 3901 Forest Glen Road and contains
10,500 square feet DISTRICT 3 - ROSE HALL
The following conditions shall be required
1. The Conditional Use Permit shall be for a period of eighteen
(18) months initially and if there are no complaints the
application will be administratively extended.
2 The Home Daycare shall be limited to a total of +0 eight (8)
children other than children living in the home There shall be no
more thanes four (4) children under the age of 2% in the home
at one time
3 Hours of operation shall be limited to Monday through Friday,
6 00 am to 6 00 pm
4 No more than one person other than a relative residing in the
home shall be employed by the Home Daycare
5 A fence shall be installed in the rear yard to create an enclosed
play area The fence must be sufficient to protect the children
and built according to City standards.
6 Any loose materials or equipment in the front, side, or rear yards
shall be removed or stored in an enclosed building
7 No signs advertising the Home Daycare shall be permitted on the
lot or buildings on the lot at any time
8 The applicant shall maintain a Family Day Home license with the
Commonwealth of Virginia Failure to maintain a Family Day
Home license shall result in revocation of the conditional use
permit for the Family Day Care Home
9 The applicant shall receive a Certificate of Occupancy from the
Building Official for the Home Daycare/residential use.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance
Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of August, Two Thousand
Two
August 13, 2002
Item V -K.4.
PLANNING
Voting 9-0
Council Members Voting Aye •
- 33 -
ITEM # 50020 (Continued)
Louis R Jones, Reba S McClanan, Richard A Maddox, Vice Mayor
Robert C Mandigo, Jr , Mayor Meyera E Oberndorf Jim Reeve, Peter
W Schmidt, Ron A Villanueva and James L Wood
Council Members Voting Nay
None
Council Members Absent
Margaret L Eure and Rosemary Wilson
August 13, 2002
Item V -K.5.
PLANNING
- 34 -
ITEM # 50021
Councilman Reeve expressed appreciation to the applicant for their voluntary request for a sixty-day
DEFERRAL. This proposed development is located in the Transition Area. This City Council is about to
undertake a momentous task to develop a Comprehensive Plan both for recreational amenities and
development opportunities in this area.
Upon motion by Vice Mayor Mandigo, seconded by Councilman Reeve, City Council DEFERRED sixty (60)
days to October 8, 2002, Ordinances upon applications of HARBOUR DEVELOPMENT CORPORATION
for a Conditional Change of Zoning, Conditional Use Permit and Variance Appeal to decisions of
Administrative Officers re certain elements of the Subdivision Ordinance, Section 4.4(b), that requires all
newly created lots meet the requirements of the City Zoning Ordinance (CZO):
AND,
ORDINANCE UPON APPLICATION OF HARBOUR DEVELOPMENT
CORPORATION, L.L.C., A VIRGINIA LIMITED LIABILITY
COMPANY, FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM AG -1 AND AG -2 TO CONDITIONAL R-30
Ordinance upon Application of Harbour Development Corporation,
L.L.C., a Virginia limited liability company, for a Change of Zoning
District Classification from AG -1 and AG -2 Agricultural Districts to
Conditional R-30Residential District on certain property located on the
south side ofN. Landing Road, west of West Neck Road (GPIN #1493-
58-7581). The proposed zoning to Conditional R-30 is for single family
land use on lots no less than 30,000 square feet. The Comprehensive
Plan recommends use of this parcel for appropriate growth
opportunities, consistent with the economic vitality policies of Virginia
Beach. Said property contains 65.1 acres. DISTRICT 7 - PRINCESS
ANNE.
ORDINANCE UPON APPLICATION OF HARBOUR DEVELOPMENT
CORPORATION, L.L.C., A VIRGINIA LIMITED LIABILITY
COMPANY, FOR A CONDITIONAL USE PERMIT FOR AN OPEN
SPACE PROMOTION
Ordinance upon Application of Harbour Development Corporation,
L.L.C., a Virginia limited liability company, for a Conditional Use
Permit for an Open Space Promotion on certain property located on the
south side ofN. Landing Road, west of West Neck Road (GPIN #1493-
58-7581). Said property contains 65.1 acres. DISTRICT 7 - PRINCESS
ANNE.
Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Harbour
Development Corporation. Property is located on the south side ofN.
Landing Road, west of West Neck Road (GPIN #1493-58-7581). Said
property contains 65.1 acres. DISTRICT 7 - PRINCESS ANNE.
August 13, 2002
Item V -K.5.
PLANNING
Voting: 10-0 (By Consent)
Council Members Voting Aye:
- 35 -
ITEM # 50021
Margaret L. Eure, Louis R. Jones, Reba S. McClanan, Richard A.
Maddox, Vice Mayor Robert C. Mandigo, Jr., Mayor Meyera E.
Oberndorf Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
August 13, 2002
Item V -K.6.
PLANNING
- 36 -
ITEM # 50022
Upon motion by Vice Mayor Mandigo, seconded by Councilman Reeve, City Council ADOPTED an
Ordinance upon application of of RANDEE MARIE HOLMES for a Conditional Use Permit for a home
daycare
ORDINANCE UPON APPLICATION OF RANDEE MARIE HOLMES
FOR A CONDITIONAL USE PERMIT FOR A HOME DAYCARE
R080231044
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application ofRandee Marie Holmes for a Conditional
Use Permit for a Home Daycare on the south side of Blue Knob Road,
west of Cannan Valley Avenue (GPIN #1464-09-2059) Said parcel is
located at 1952 Blue Knob Road and contains 7,500 square feet
DISTRICT 1 - CENTER VILLE
The following conditions shall be required
1 The Home Daycare shall be limited to a total of ten (10) children
other than children living in the home There shall be no more
than five (5) children under the age of 2-1/2 in the home at one
time
2 No more than one person other than a relative residing in the
home shall be employed by the Home Daycare
3 A fence shall be maintained at all times to create an enclosed play
area
4 Any loose materials or equipment or machines in the front, side,
or rear yards shall be removed or stored in an enclosed building.
5 No signs advertising the Home Daycare shall be permitted on the
lot or buildings on the lot at any time
6 The applicant shall maintain a Family Daycare Home license with
the Commonwealth of Virginia Failure to maintain a Family
Daycare Home license shall terminate this conditional use permit
7 The applicant shall receive a Certificate of Occupancy from the
Building Official for the Home Daycare/residential use
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance
Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of August, Two Thousand
Two
August 13, 2002
1
Item V -K.6.
PLANNING
Voting 10-0 (By Consent)
Council Members Voting Aye.
- 37 -
ITEM # 50022 (Continued)
Margaret L Eure, Louis R Jones, Reba S McClanan, Richard A
Maddox, Vice Mayor Robert C Mandigo, Jr , Mayor Meyera E
Oberndorf Jim Reeve, Peter W Schmidt, Ron A Villanueva and James
L Wood
Council Members Voting Nay
None
Council Members Absent
Rosemary Wilson
August 13, 2002
1
Item V -K. 7. a.
PLANNING
-38-
ITEM # 50023
Upon motion by Vice Mayor Mandigo, seconded by Councilman Reeve, City Council MODIFIED a
Conditional Use Permit upon application of the City of Virginia Beach to fill a borrow pit (approved by City
Council on April 27, 1964)
Ordinance upon Application of the City of Virginia Beach for a
modification of a Conditional Use Permit to fill a borrow pit approved
by City Council on April 27, 1964 Property is located on the north side
of the Norfolk -Southern Railway right-of-way, west of Air Station Drive
(GPIN #2407-34-6916) DISTRICT 6 - BEACH
The following conditions shall be required
1 The limits of fill shall substantially adhere to the submitted site
plan, except as noted below, titled "DREDGED MATERIAL
DISPOSAL SITE, WOLFSNARE PROPERTY, Virginia Beach
Public Works Department, City of Virginia Beach, Virginia",
dated 10/12/01 revised 1/31/02, and prepared by Landmark
Design Group Said plan is on file with the City of Virginia Beach
Planning Department
2 The stormwater management ponds shall adhere to the natural
design depicted on the END USE/LAND USE PLAN, prepared by
City Staff and Landmark Design Group Said plan is on file with
the City of Virginia Beach Planning Department
3 The fill operation shall begin at the easternmost portion of "Cell
B " as conditioned by the City of Virginia Beach Historical Review
Board on April 18, 2002
4 Restoration of the site shall substantially adhere to the submitted
"END USE / LAND USE PLAN, DREDGED MATERIAL
DISPOSAL SITE, " prepared by City Staff and Landmark Design
Group Said plan is on file with the City of Virginia Beach
Planning Department
5 Fencing around the site shall be "black vinyl coated" chain-link
as depicted on the "END USE / LAND USE PLAN, DREDGED
MATERIAL DISPOSAL SITE, prepared by City Staff and
Landmark Design Group Said plan is on file with the City of
Virginia Beach Planning Department
6 Wood and vegetative debris from large storms and hurricanes
shall be mulched and reduced in volume for disposal at other sites
in the city There shall be no storage of vegetative or timber debris
on the site
7 The hours of operation shall be Monday through Friday, from
8 00 a m to 5 00 p m This condition may be suspended during
times of emergency, such as large storm events and hurricanes
8 The proposed waterline for the Upper Wolfsnare Plantation,
depicted on the submitted site plan, titled "DREDGED
MATERIAL DISPOSAL SITE, WOLFSNARE PROPERTY,
Virginia Beach Public Works Department, City of Virginia Beach,
Virginia ", dated 10/12/01, revised 1/31/02, and prepared by
Landmark Design Group, shall be installed as soon as funds
become available
August 13, 2002
1
Item V -K. 7. a.
PLANNING
Voting 10-0 (By Consent)
Council Members Voting Aye
-39-
ITEM # 50023 (Continued)
Margaret L Eure, Louis R Jones, Reba S McClanan, Richard A
Maddox, Vice Mayor Robert C Mandigo, Jr , Mayor Meyera E
Oberndorf, Jim Reeve, Peter W Schmidt, Ron A Villanueva and James
L Wood
Council Members Voting Nay
None
Council Members Absent
Rosemary Wilson
August 13, 2002
1
-40-
Item V -K. 7. a.
PLANNING ITEM # 50023
Upon motion by Vice Mayor Mandigo, seconded by Councilman Reeve, City Council DEFERRED until the
City Council Session of September 10, 2002:
Ordinance to AMEND the City Zoning Ordinance(CZO) re sign
regulations in the B -3A Pembroke Central Business Core District
Voting 9-0 (By Consent)
Council Members Voting Aye
Margaret L Eure, Reba S McClanan, Richard A Maddox, Vice Mayor
Robert C Mandigo, Jr , Mayor Meyera E Oberndorf Jim Reeve, Peter
W Schmidt, Ron A Villanueva and James L Wood
Council Members Voting Nay
None
Council Members Abstaining
Louis R Jones
Council Members Absent
Rosemary Wilson
Councilman Jones ABSTAINED as he has an ownership interest in Resource Bank, which exceeds three
percent of its total equity Resource Bank has entered into a participation agreement for a line of credit to
Armada Hoffler Properties It is likely that Armada Hoffler Properties, will manage the Town Center for the
project 's developer, Town Center Associates Also, Resource Bank is in negotiation to lease a new building
at the Town Center
August 13, 2002
- 41 -
Item V -L.1.
APPOINTMENTS • ITEM # 50024
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
CHESAPEAKE BAY PRESERVATION ARA BOARD
HUMAN RIGHTS COMMISSION
PERSONNEL BOARD
PUBLIC LIBRARY BOARD
REVIEW AND ALLOCATION COMMITTEE (COIG)
TOWING AD VISOR Y BOARD
VIRGINIA BEACH/JAMESTOWN 2007 STEERING COMMITTEE
August 13, 2002
1
- 42 -
Item V -L.2.
APPOINTMENTS ITEM # 50025
Upon NOMINATION by Vice Mayor Mandigo, City Council, City Council REAPPOINTED
Robert G. Jones
4 year term
09/01/2002 - 08/31/2006
DEVELOPMENT AUTHORITY
Voting 9-0
Council Members Voting Aye
Louis R Jones, Reba S McClanan, Richard A Maddox, Vice Mayor
Robert C Mandigo, Jr , Mayor Meyera E Oberndorf Jim Reeve, Peter
W Schmidt, Ron A Villanueva and James L Wood
Council Members Voting Nay
None
Council Members Absent
Margaret L Ezure and Rosemary Wilson
August 13, 2002
1
- 43 -
Item V -L.3.
APPOINTMENTS ITEM # 50026
Upon NOMINATION by Vice Mayor Mandigo, City Council
APPOINTED:
Paula W. Knight
3 year term
09/01/2002 - 08/31/2005
REAPPOINTED:
Nicholas F. Anoia
3 year term
09/01/2002 - 08/31/2005
Jason A. Barefoot
3 year term
09/01/2002 - 08/31/2005
PARKS AND RECREATION COMMISSION:
Voting 9-0
Council Members Voting Aye
Louis R Jones, Reba S McClanan, Richard A Maddox, Vice Mayor
Robert C Mandigo, Jr , Mayor Meyera E Oberndorf Jim Reeve, Peter
W Schmidt, Ron A Villanueva and James L Wood
Council Members Voting Nay
None
Council Members Absent
Margaret L Eure and Rosemary Wilson
August 13, 2002
1
-44-
Item V -L.4.
APPOINTMENTS ITEM # 50027
Upon NOMINATION by Vice Mayor Mandigo, City Council, City Council APPOINTED:
Elizabeth Cuento Reyes
unexpired thru - 06/30/2003
SOCIAL SERVICES BOARD
Councilman Maddox added his Second to the Nomination
Voting 9-0
Council Members Voting Aye
Louis R Jones, Reba S McClanan, Richard A Maddox, Vice Mayor
Robert C Mandigo, Jr , Mayor Meyera E Oberndorf, Jim Reeve, Peter
W Schmidt, Ron A Villanueva and James L Wood
Council Members Voting Nay
None
Council Members Absent
Margaret L Eure and Rosemary Wilson
August 13, 2002
- 45 -
Item V -N.1.
NEW BUSINESS ITEM # 50028
BY CONSENSUS CITY CLERK TO RECORD
ABSTRACT OF CIVIL CASES RESOLVED - July 2002
August 13, 2002
CIVIL LAWSUITS RESOLVED DURING THE MONTH
OF JULY, 2002
Timothy A Pledger v City of Virginia Beach - civil rights
City of Virginia Beach v Winners' Tavern, Inc , t/a Winners' Sports Club, Robert H
Walker and Lisa R. Evers - collection of food tax on alcoholic beverages
Note: Disposition details available on request from the City Attorney's Office
- 46 -
Item V -O.
ADJOURNMENT ITEM # 50029
Mayor Meyera E Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:35 P.M.
X✓a,)/ti
Beverly 0 Hooks, CMC
Chief Deputy City Clerk
uth Hodges Smith, MMC Meyera E Oberndorf
City Clerk Mayor
City of Virginia Beach
Virginia
August 13, 2002