HomeMy WebLinkAboutOCTOBER 14, 1997 MINUTESCITY COUNCIL
MAtOR MEYERA E OBERNDORF,
VICE MA~OR WILLIAM D SESSOMS. JR, At-L~e
JOHN · BAUM,
LIN~'~D 0 ~RAN( Il III V.~,mu ~d,h ~m,ugh
~ ILUAM W IJAR~N, IR. Lynahm~
HARO~ HEI~HO~R,
LOUIS R
]/~.ILS K SPORE. C~ly
IFFdJE L LJI. LEY, C~y
RUTH HODGES SMITH. CMC I AAE. Cdy
CITY COUNCIL AGENDA
( I1 Y IIALL BUIU)ING
241U COURHIOU&E. I)RIVk
VIRGINIA BF.A£11 VIRGINIA
17'~71 427-4MU
October 14, 1997
I. CZTYMAI~QER'S BRZEFZNQS
- Con£erence Room -
9;30 AM
A®
T C C / VIRGINIA BEACH PUBLIC SCHOOLS TECHNICAL CENTER
Dr. Timothy R. Jenney, School Superintendent
Daniel J. Arris, Chairman, School Board
Dr. Patrick M. Konopnicki, Director, Technical
and Career Education, Virginia Beach Schools
Anthony L. Arnold, Director, Facilities Planning
and Construction, Virginia Beach Schools
B ·
AMPHITHEATER SOUND ATTENUATION
A. William Reid, President, Cellar Door
II. REVIEW OF AGENDA ITEMS
I I I · CITY COUNCIL CONCERNS
IV. INFORMAL SESSION
- Conference Room -
11:30 AM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
FORNAt, SESSION - Council Chamber -
!
A. ~L TO ORDER - Mayor Meyera E. Oberndorf
2:00 PM
B. INVOCATION:
The Reverend Ernest G. Roebuck
Calvary Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
Ge
H ·
1. INFORMAL & FORMAL SESSIONS
October 7, 1997
AGENDA FOR FORMAL SESSION
CONSENT AGENDA
The Consent Agenda will be determined during the Agenda Review Session and considered in the
ordinary course of business by City Council to be enacted by one motion·
I. RESOLUTIONS
I ·
Resolution to support 1998 General Asembly legislation to
designate Our Lady of Perpetual Help Health Center, Inc., as
being exempt from state and local real and personal property
taxation.
i
Resolution to approve issuance of the Virginia Beach
Development Authority' s Industrial Revenue Bonds:
CAPE HENRY COLLEGIATE SCHOOL, INC. $4,500,000
·
Resolution to appoint Elizabeth E. Fox to the position of
Assistant City Attorney, effective 16 October 1997.
J ·
ORDINANCES
I ·
Ordinance to APPROPRIATE $992,635 from the Sheriff's
Department Special Revenue Fund Balance to their FY 1997-1998
Operating Budget re study of Correctional Center's future
needs; salary increases for certain State positions; equipment
purchases; and, enhancement of the tax-deferred Supplemental
Retirement System for Department employees.
·
Ordinance to amend the Capital Budget by establishing CIP
Project #9-303, Norfolk-Southern Right-of-way Acquisition;
APPROPRIATE $255,000 from the Tourism Growth Investment Fund
(TGIF) balance; and, TRANSFER $35,898 from an available
balance of previously closed Project #2-039, Dam Neck Road -
Phase I, for this acquisition.
·
·
·
Ordinance to APPROPRIATE $78,000 from Tennis Pro Fees to the
Parks and Recreation Special Revenue Fund re cost of services
provided by the Tennis Professional at the Owl Creek MunicSpal
Tennis Center·
Ordinance to APPROPRIATE $25,945 from the Parks and Recreation
Gift Fund Balance to the FY 1997-1998 Parks and Recreation
Operating Budget for supplies, materials, special events and
other related needs.
Ordinance to authorize Tax Refunds in the amount of
$25,932.28.
K·
PUBLIC HEARING - PLANNING
2t30 PM
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
i ·
Application of BAITA DEVELOPMENT COMPANY, LLC for a
Modification to the Green Run Land Use Plan on the South side
of Buckner Boulevard, 400 feet more or less East of
Independence Boulevard re modifying the submitted site plan.
dated June 27. 1996. and developing the outparcel designated
"future development area" which is a portion of Parcel "H"
Green Run PUD, containing 7.75 acres (KEMPSVILLE BOROUGH).
Deferred:
9 September 1997
23 September 1997
Recommendat ion:
APPROVAL
·
Ordinance in the petition of ALLSAFE SELF STORAGE, L.L.C. for
the discontinuance, closure and abandonment of a portion of
South Kentucky Avenue, beginning at the Eastern boundary of
South Kentucky Avenue and running 44.18 feet in an Easterly
direction, containing 1,324.95 square feet (KEMPSVILLE
BOROUGH)·
Deferred:
10 June 1997
Recommendat ion:
FINAL APPROVAL
·
Application of LADM ASSOCIATES, L.L.C., A Virginia L~m4ted
Liability Company, LENA SANCILIO and CONTRACTOR'S PAVING
COMPANY, INC. for the discontinuance, closure and abandonment
of a portion of Avenue E, beginning at a point 337·93 feet
South of Bonney Road and running 899.85 feet in a Southerly
direction to the Northern boundary of the Virginia Beach-
Norfolk Expressway, containing 30,094 square feet (LYNNHAVEN
BOROUGH)·
Recommendat ion:
·
Application of ASHER PROPERTIES, A Virginia General
Partnership, for a Modification to a Conditional Use Permit
(12 December 1988) for an automobile repair establishment
_
(Grease Monkey Ouick Lube) at 2841 Virginia Beach Boulevard
(LYNNHA~ BOROUGH)·
Recommendation: APPROVAL
·
·
Application of RALPH KNAPP for a Conditional Use Permi_t for a
contractors storage yard on the East side of Central Drive on
Lot 27C, London Bridge Industrial Park II, Phase One,
containing 1.7 acres (LYNNHAVEN"BOROUGH) .
Recommendation: APPROVAL
Application of HALL TIDEWATER, LTD PARTNERSHIP, for a
Conditional Use Permit for motor vehicle sales and service on
the North side of Virginia Beach Boulevard, 160 feet West of
Cranston Lane (3216 Virginia Beach Boulevard), containing
32,400 square feet (LYNNHAVEN BOROUGH)·
Recommendat i on:
APPROVAL
·
Application of EAST COAST BAPTIST CHURCH for a Conditional Use
~ for a church (expansion) on the West side of Indian
River Road, North of the intersection with Indian Lakes
Boulevard (5149 Indian River Road), containing 3.4 acres
(KEMPSVILLE BOROUGH) .
Recommendat i on:
APPROVAL
·
Application of CRAIG A. ROSENBERG for a Conditional Use Permit
for automobile repair and sales on the West side of South
Lynnhaven Road, North of Old Towne Lane (851 South Lynnhaven
Road), containing 14,984.64 square feet (PRINCESS ANNE
BOROUGH).
Recommendation:
DENIAL
·
Applications of ROBERT L. NELSON and BARBARA N. GRAY on the
North side of West Landing Road at its Western extremity,
containing 6.6 acres (PRINCESS ANNE BOROUGH):
Change of Zoning District ClassificatioD from AG-2
Aqricultural District to Conditional B-2 Community
-- _
Business District
Conditional Use Permit for a boat storage facility and
-- _
.Gommercial marina.
Recommendat i on:
APPROVAL
he
APPOINTMENTS
BOARD OF BUILDING CODE APPEALS
HISTORICAL REVIEW BOARD
REVIEW AND ALLOCATION COMMITTEE (COIG)
SENIOR SERVICES OF SOUTHEASTERN VIRGINIA
M. ~t'~IN~ f~HED
Ne
NEW BUSINESS
O. ADJOURNMENT
COMMUNITY CONVERSATIONS
Princess Anne High School
October 21, 1997
CITY COUNCIL SCHEDULE - NOVEMBER 1997
November 4
Informal Session (as regularly scheduled)
Formal Session - 2:00 PM
November 11
Rescheduled to November 18
Informal Session (as regularly scheduled)
Formal Session - 2:00 PM
(Planning Items - 2:30 PM)
November 25
Informal Session (as regularly scheduled)
Formal Session - 6: 00 PM
(Planning Items - 6:30 PM)
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)
10/09/97cmd
AGENDA\ 10 - 14 - 97. PLN
www. virginia-beach, va. us
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 14, 1997
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING in the Council
Conference Room, City Hall Buildtng, on October 14, 1997, at 9:30 A.M.
Council Members Present'
John A. Baum, Linwood 0 Branch, III, Wilham Vi. Harrison, Barbara
M Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E
Oberndorf and Nancy K. Parker
Council Members Absent:
Vice Mayor William D. Sessoms, Jr. [ENTERED: 11:25 A.M.]
Harold Heischober
[FUNERAL IN NORTH CAROLINA,
WIFE'S C 0 USIN]
Louisa M. Strayhorn '
£O UT OF THE CITY ON
FAMILY BUSINESS]
-2-
CITY MANAGER'S BRIEFING
TCC / VIRGINIA BEACH PUBLIC SCHOOLS TECHNICAL CENTER
9:30 A.M.
ITEM # 42684
The City Manager introduced Dr. Timothy R. Jenney, School Superintendent, who advised in 1989,
Tidewater Community College, Virginia Beach Campus, projected overflow enrollment figures for the
1990s, and began planning to fund construction of a new academic facility to meet the requirement of
providing functional and safe facilities for students, faculty and staff. The City's Facilities and Land
Commons Policy Team SubCommittee of the Quality Education and Lifelong Learning Team identified
as one of its goals to support the development of the Joint TCC School/City Technical Training Center.
In March of 1997, then President Woodworth and Provost Buchanan met with Dr. Jenney to discuss the
possibility ora collaborative venture to construct an occupational/technical facility that would benefit the
City schools, local businesses, the commumty college system and the community itself. The facility couM
be used during the day by the School Division and at night by TCC. Weekends couM meet flexible needs
,4 planning group, TCC/VPCPS Technical Center Steering Committee, consisting of representation from
City Council, School Board, TCC and Technical Staff, requested that Dr denney and Dr. Buchanan
prepare an initial time line/critical path for moving forward with the cooperative project ,4 timeline was
prepared for the period of July 16 through December 31, 1997, and approved by the planning group. ,4s
the community and the economics began to change, it was decided, by way of example, tt was often more
productive in the longterm for students to attend a technical two-year institution than it is to invest
$60,000 to $100, 000 in a four-year baccalaureate program where there are not necessarily available jobs
that pay the kind of wages which technical training provides.
Daniel J. Amis, Member of the School Board and TCC/7/PCPS Technical Center Steering Committee,
advtsed this project has the potential to meet the needs of both the School division and TCC; but, at the
same time, to benefit the City greatly, particularly in the area of Economic Development. ,4nthony L.
,4rnold, School Division Director - Planning and Construction, discussed the proposed building and its
costs. Dr. Patrick M. Konopnicki, School Division Director - Technical and Career Education, discussed
the curriculum programs envisioned and Kay Kemper, School Division Legislative Lobbyist, presented
information relative the potential state funding of the building. Mr. ,4rris also introduced members of the
Committee: Timothy Jackson and Rosemary .4. Wilson, School Board Members. In 1994, this project was
known as the Northern Technical Center, of which former Council Member Paul Lanteign and Council
Lady Nancy K. Parker were very much involved. However, because of the financial crisis which occurred,
the project unfortunately was put on the "back burner". Council Lady Parker is serving on the
TCC/VPCPS Technical Center Steering Committee, and her membership has been very valuable. The
Committee has conferred at length about the possibdity of a new Technical Education Center to augment
the facility at North Landing Road; however, until now no financial viable proposal has surfaced.
Donald Maxwell, Director of Economic Development, has attended three of the last four meetings and is
extremely interested in the project. Dr. Jenney has discussed this matter with the City Manager. There is
much interest in the concept by all concerned.
Mr. Arnold referenced pages I0 thur 13 of the booklet entitled "Virginia Beach City Public Schools
Technical Center", which was distributed to City Council and is hereby made a part of the record. This
booklet provides a synopsis of the educational program, the facility size and cost. The building is
approximately 137,193 square feet with 51,225 square feet to be utilized by Tidewater Community
College. This building ts called the "Phase $ Building" on Tidewater's campus The remaining
approximately 86,000 square feet is programmed for the school system. ,41 L. Cecchini, Director of
Facilities for Tidewater Community College, jointly prepared this program. The building is programmed
to be a two-story building for a total cost of $22,956,330. The only difference in terms of construction
relates to the foundation and poor soil conditions. This will increase the cost of construction about $5. O0
to $6.00 a square foot. The building plan of the Landstown School had to be surcharged. The higher
education NSU/ODU building is being built next to Tidewater Community College and is being
surcharged at the present time. The costs from the State Department have just been received and are
seeing double digit inflation again this year on school construction cost. Mr. Arnold itemized the Potential
Funding Sources;
State $10,000,000
City (Site ImprovemenO 1,850,000
City/VBCPS , II,106,330
tOtAL
October 14, 1997
-3-
CITY MANAGER'S BRIEFING
TCC / VIRGINIA BEA CH PUBLIC SCHOOLS TECHNICAL CENTER
ITEM # 42684 (Continued)
PR OPOSED S CHED ULE
Design
Construction
Furniture & Equipment
Opening
July 1998 - June 1999
July 1999 - March 1, 2000
March 1, 2000 - July 1, 2000
September 1, 2001
Dr. Konopnicki advised eight of the courses in this Center would carry articulated credit with Tidewater
Community College. One program in particular, Advertising and Design, carries 18 TCC Credits. There
are 8 courses with articulated credits. Several of the programs going into the Tech Center will be
"flagship programs", which have obtained national attention. For tnstance, Virginia Beach was the first
school system to have high school students complete a computer network administration program and pass
the Novell certification. The Ford Academy of Manufacturing Services promotes manufacturtng and
engineering The National Alliance of Business has selected Virginia Beach to be one of four National
Demonstration sites as part of a National Science Foundation Grant. The City was selected because of
the CNA, Novell and Ford Aeademy Program. The grant evolves around advanced Technology education
and it helps to create a model for the rest of the Country. The Center will be unique because it features
several industry certified programs: Computer Operations/Visual Basic and Windows; Electronics and
Computer Repair; Computer Network Administrator/ComputerNetwork Engineer, Drafting and Design
(Computer Aided Design) and Copier Technician. The TCC/Virginia Beach CiO, Public Schools
Technical Center wouM also house additional space for the following concepts:
Economic Development Shell Space
Quality Academy
Multi-Purpose Space
Emergency Technologies
VBTV (Channel 48)
Administration
General Space
Ms. Kay Kemper advised this is a Biennial Budget Session of the General Assembly beginmng in January
for the Commonwealth of Virginia. This is the time when the predominance of Capital Outlay for the
Commonwealth is funded. So, in a sense, this provides a "window of opportunity" that will not reoccur
for at least two years. In terms of the process, Ms. Kemper focused spectfically on the Capital Outlay
process for Higher Education, which began in March 1997, when all four- and two-year institutions of
higher education were required to submit their Capital Outlay proposals to the various agencies of the
State. These submissions are now being reviewed by the Department of Planning and Budget and the State
Council of Higher Education for Virginia. On October 24, 1997, these agencies will submit their
recommendations to the Governor. That same day there will be a Resources Subcommittee Meeting at
the State Council of Higher Education, which will make recommendations to the full State Council Board
on what Capital Outlay Projects should be funded in Higher Education. On November 7, 1997, there will
be a meeting of the State Council of Higher Education at which time they will make their recommendation
to the General Assembly and the Governor, as to which projects should be included. On December 19,
1997, Governor Allen will present his Budget to the Members of the "Money" Committees of the General
Assembly. On January 14, 1998, the General Assembly convenes and January 17, 1998, is the
Inauguration. Therefore, even though the current Governor prepares and submits the Budget, the incoming
Governor will have an opportunity to review same. The following are tentative dates:
February 22, 1998 "Money" Committees (House Appropriation and Senate Finance
Committees) scheduled to report.
February 26, 1998 House and Senate will meet the deadline for dealing with
~'espective versions of the Budget.
March 14, 1998 Final Sesston and Adjournment of the General Assembly.
October 14, 1997
-4-
CITY MANAGER'S BRIEFING
TCC / VIRGINL4 BEACH PUBLIC SCHOOLS TECHNICAL CENTER
ITEM # 42684 (Continued)
Mr. Arris advised unfortunately for this project to go forward the funding must be identified, part wouM
be state funding and a portion wouM be local funding. Last week the School Board unanimously endorsed
the project BY CONSENSUS. In order to meet the State deadline, City Council must act soon to endorse
this project.
Ms. Kemper advised the original proposal for 51,225 square feet was submitted in the Spring submission.
In order to substitute this project for the original submission a letter from Dr. Kerr as the Acting
President of Tidewater Community College will be necessary. That submission has already gone over the
original submission to the State Council of Higher Education; however, there is a "window of opportunity"
to substitute these buildings
Dr. Kerr, President of Tidewater Community College, advised this project h'as a Priority 1 Ranking at
this time and is in the Department of Planning and Budget for consideration for submission to the
Governor's Budget.
The present project would entail approximately $7-MILLION of State General Funds, which would be
increased to $10-MILLION with the TCC/VBCPS TECHNICAL CENTER.
Dr. Jenney advised estimates have been conducted with regard to the building operation and staffing. It
is anticipated this will be approximately $175,000 for power, lights, phone, water, sewer, etc., on an
annual basis. Routine maintenance will be in the $10,000 range and custodial cost would be
approximately $90,000 (5 custodians)for a total of $275,000 annual operational cost. The current facihty
on North Landing Road houses several career and technical programs. The proposed TCC / VIRGINIA
BEACH PUBLIC SCHOOLS TECHNICAL CENTER is more of a high tech nature, not of the "hard"
industry i.e. diesel mechanics, auto body, etc. These particular programs wouM remain in the North
Landing facility. Regarding the spaces being vacated in the facility, the school district has tremendous
needs for alternative education. The vocational program at the CDC center on Witchduck could be melded
with the programs at North Landing thus resulting in a cost neutral effect For the interactive multi-media
program within the FORD ACADEMY OF MANUFACTURING SCIENCES, this would require
approximately .five additional staff members at a cost of over $200,000. Combining the cost of the
TCC/VBCPS TECHNICAL CENTER and the la,er would entail a total cost of approximately $$00,000.
Mr. Al L. Cecchini advised the General Assembly initially appropriated over $2-MILLION and is
obligated for the $1,300,000 annual payments of 20 years for the TCC building in Norfolk. The City
of Norfolk contributed $6. S-MILLION for the infrastructure.
Dr. Joe Buchanan, Provost - Tidewater Community College, said one needs to look into the future to the
year 2020 with a projected population of 15,000 to 22,000 students in this institution. It was his
understanding that a similar effort for raising funds through the private sector is being made with respect
to the Norfolk State~Old Dominion Center; however, he does not have the details. Dr. Buchanan faxed a
memorandum to the Mayor and Members of City Council on October 13, 1997, advising time was of the
essence and requesting a response by October sixteenth.
If lease purchase options or corporate financing did not develop, the City Manager advised the City would
be committing to fund over the course of future CIPs, $13-MILLION, the City's share of the project.
Mr. Al L. Cecchini advised this would be a shared facility and 51,225 square feet would be controlled
by Tidewater Community College. In addition, some of the spaces, as outlined in the presentation, wouM
be shared with Schools, which indicates the City needs to participate to the degree of approximately $3-
MILLION more.
Dr. Jenney advised as the School Board reviews its CIP, there are many items that are no longer a part
of the CIP that might be shifted to a Referendum issue, thus there might be options to reduce the City's
$13-MILLION. The Community College system is allowed to accept gifts from other municipalities. Thus
this project will not be hindered by the constraints typically in the financial area.
October 14, 1997
-5-
CITY MANAGER'S BRIEFING
TCC / VIRGINIA BEACH PUBLIC SCHOOLS TECHNICAL CENTER
ITEM # 42684 (Continued)
The City Manager advised one of the projects which has been discussed through the Partnership has been
something in the technology area for schools and libraries which wouM have a dramatic impact in terms
of the amount the City wouM have to fund locally to network and wire all the schools. The City Manager
suggested this is an area where the City might wish to investigate with regards to this proposed project.
This project, from a staff prospective, would be of high priority in terms of reinforcing the strategtc long
range objectives of the City in terms of ratsing per capita income and being a tremendous asset for the
City.
Assistant City Attorney will provide information relative the possibility of other localities providing funding
for this project. However, he believes Dr. Jenney was speaking relative the City of Virgzma Beach being
able to participate in some form.
A plan relative the funding of this project shall be SCHEDULED for the City Council Session of October
28, 1997.
October 14, 1997
-6-
CITY MANAGER'S BRIEFING
AMPHITHEATER SO UND A TTENUA TION
10:48 A.M.
ITEM # 42685
A. William Reid, President - Cellar Door, introduced Mike Tabor, General Manager - GTE Amphitheater.
and Wilson Rodgers - Manager Cellar Door Amphitheater Division. Prior to Mr. Tabor's employment
here, Mr. Tabor was the General Manager of the Nashville, Tennessee, Amphitheater, and previously the
Walnut Creek Amphitheater in Raleigh, North Carolina. Mr. Rodgers has thirty years experience, twenty
of those years were experience as a Building Manager and the last ten has been in amphitheater
management. Several years ago he won an award as the best Amphitheater Manager tn the United States.
Mike Tabor referenced information which will be distributed to City Council citing improvements made
from 1996 through 1997 in the GTE Virginia Beach Amphitheater. In 1996, there were 34 shows and
169 complaints were recorded from surrounding neighborhoods. In 1997, there were 33 events with a
recorded total of 94 complaints, a reduction of 56% Of the 169 complaints recorded, 89 households
represented these complaints. In 1997, oft he 94 complaints recorded, 42 households represent the total
complaints. 65% of all the complaints in 1996 came from 30 households, mainly residents who called
on more than one occasion during the course of the season. In 1997, 'half of the number of households,
15, represented 71% of the complaints. There are in excess of 3,000 households in the surrounding
neighborhoods. The staff monitors these areas In total, during 1996, 2. 7% of the households actually
complained relative the sound. In 1997, 1.2% of the households actually complained. This year, the
amphitheater averaged less than 3 complaints per show. In 1996, the average was close to five
complaints. In 1997, 15 of the 94 complaints came from one household. In addition, there were in excess
of 9 complaints occurring during the course of the season that were non-amphitheater related.
Individuals had called the hotline citing the noise from the amphitheater bothering them; however, the
noise was not coming from the amphitheater. The noise was actually from a wedding party in the
neighborhood of Landstown Lakes. Every show, whether or not complaints are received, the sound
monitor patrols both Salem Lakes and the Landstown Community. For each event, dba levels are
recorded from at least fifteen locations within these communities. These readings normally range in the
$0 to 54 dba range. There have also been jets register readings in the monitor, which the normal range
is 70 to 93 dba. Said reports are hereby made a part of the record.
Wilson Rodgers advised every show has been monitored since the opening of the Amphitheater. Samples
are taken every ten seconds of every show from three different locations so as to maintain the level. The
staff has responded to every complaint in an attempt to understand. In 1996, an independent contractor
from Richmond, Backstage, lnc, took readings on several shows (Hank Williams, Jr., Ozzie Ozborne,
Neil Young, Dave Matthews, Lynyrd Skynrd, REO Speedwagon and Def Leppard). Backstage notes that
the requirement to make a "minimum of a 1-Hour L-eq restricts the number of sites that can be visited
during a given concert event to one or two". Mr. Rodgers quoted from the report relative the REO
Speedwagon tests: "The conclusions that can be drawn from the REO Speedwagon tests are simply that
the concert activity on that day, while either virtually inaudible or moderately audible, was significantly
below the noise levels generated by neighborhood conditions. Even with the neighborhood noise though,
the required L-eq measurements were below the specified 60 DBA maximums. And it is important to note
that the concert activities were not the primary contributor to the L-eq readings taken. If it had been
possible to stop the mower activities and prevent the children from paying the L-eq readings would have
been lower still." Backstage, Inc. further cited that they did think it was a fair statement to say that the
concert activities are not the primary contributor to the ambient noise conditions in the area. Mr. Rodgers
said measures have been taken to mitigate as much sound as possible from intrudtng into the surrounding
neighborhoods. The Grozier Sound Level Management System has been installed at the Amphitheater.
The system has been operational for the last two concerts. Baffles have been installed on the outside of
the lawn speaker system to inhibit sound from bleeding out of the sides of the facility. A sound hotline
has again been utilized. The GTE Virginia Beach Amphitheater is voluntarily reducing the current sound
limit of l OSdba at the mix position to 102dba.
Concern was expressed relative residents moving because of the noise bothering them and the publishing
of names in the newspaper who complained on the hotline. Day time ambient noise is different than
nighttime. Noise can be tolerated better in daytime than at night. Residents should be aware of the hotline
on which to register their complaints.' The parking situation needs to be addressed in connection with the
Columbus Day Soccer Tournament..
October 14, 1997
-7-
CITY MANAGER'S BRIEFING
AMPHITHEATER SOUND A TTENUA TION
ITEM # 42685 (Continued)
The City Manager advised it was not practical to have the police department respond to the noise
complaints.
The City Attorney advised the City's Noise Ordinance is not on a decibel basis. It is on a reasonable man
standard. The police department responds to the complaints and if they believe it is too loud, they will be
requested to turn it down, and if that is not successful, then, the police department will issue a summons
Mr. Tabor advised the mix board is 85 feet from the sound stage.
Mr. Reid is willing to continue to work to address the problem.
Mr. Rodgers advised wind is a major culprit and wind tunnel effects are present at the Amphitheater.
The staff is investigating breaking up the wind tunnel effect by planting very large bushy Leyland Cypress
to cut out some of this effect. Changing the speakers to a more focused more mid-range htgh end is also
being researched. The staff is attempting to focus the sound better and put it on the hill by dropping it
down, so it is not blowing out over the top of the hill The staff believed these improvements would go a
long way toward making the performances barely audible in the neighborhoods.
All of the proposed improvements will be summarized and forwarded to City Council Members. Mr. Reid
requested a date be SCHEDULED for Council Members to visit the Amphitheater and review the Grozier
Sound Level Management System and other improvements.
Mayor Oberndorf expressed appreciation and advised a concert is planned at the Amphitheater in April to
celebrate the anniversary of the Americans with Disability Act.
Mr. Tabor advised there have not been any complaints regarding litter problems or a traffic problem from
the surrounding neighborhoods. Different groups pick up the litter to receive funds for their particular
cause. In 1996, thirteen groups made in excess of a $100,000.
October 14, 1997
-8-
AGENDA RE VIEW SESSION
11:55 P.M.
ITEM # 42686
Vice Mayor Sessoms advised he would ABSTAIN:
1.2 Resolution to support 1998 General Assembly legislation to
designate Our Lady of Perpetual Help Health Center, Inc., as
being exempt from state and local real and personal property
taxation.
ITEM # 42687
Councilman Branch inquired relative the salary of the tennis professional.
J. 3. Ordinance to APPROPRIATE $25,945 from the Parks and
Recreation Gift Fund Balance to the FY 1997-1998 Parks and
Recreation Operating Budget for supplies, materials, special
events and other related needs.
Sara Hensley, Acting Director of Parks and Recreation, advised there is a contract with a current Tennis
Professional acquired through the bid process. The current process was the Tennis Pro received the funds
and gave the City a percentage. The City requested this be turned around. The City now receives the
revenue and the Pro receives 85% of the net revenue. Ms. Hensley provided a copy of the actual proposal
and said there were other expenses from these funds, i.e., racket stringing, assistants.
ITEM # 42688
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
RESOLUTIONS~ORDINANCES
LI. Resolution to support 1998 General Assembly legislation to
designate Our Lady of Perpetual Help Health Center, Inc., as
being exempt from state and local real and personal property
taxation.
1.2 Resolution to approve issuance of the Virginia Beach
Development Authority's Industrial Revenue Bonds:
CAPE HENRY COLLEGIATE SCHOOL, INC. $4,500,000
1.3 Resolution to appoint Elizabeth E. Fox to the position of
Assistant City Attorney, effective 16 October 1997.
J. 1. Ordinance to APPROPRIATE $992,635 from the Sheriff's
Department Special Revenue Fund Balance to their FY 1997-
1998 Operating Budget re study of Correctional Center's future
needs; salary increases for certain State positions; equipment
purchases; and, enhancement of the tax-deferred Supplemental
Retirement System for Department employees.
J. 2 Ordinance to amend the Capital Budget by establishing CIP
Project #9-303, Norfolk-Southern Right-of-way ,4cquisition;
APPROPRIA TE$255, O00 from the Tourism Growth Investment
Fund (TGIF) balance; and, TRANSFER $35,898 from an
available balance of previously closed Project #2-039, Dam
Neck Road - Phqse I, for this acquisition.
October 14, 1997
-9-
AGENDA RE VIEW SESSION
ITEM # 42688 (Continued)
J. 3 Ordinance to APPROPRIATE $78,000 from Tennis Pro Fees
to the Parks and Recreation Special Revenue Fund re cost of
services provided by the Tennis Professional at the Owl Creek
Municipal Tennis Center.
J. 4
Ordinance to APPROPRIATE $25,945 from the Parks and
Recreation Gift Fund Balance to the FY 1997-1998 Parks and
Recreation Operating Budget for supplies, materials, special
events and other related needs.
J. 5 Ordinance to authorize Tax Refunds in the amount of
$25,932.2S.
October 14, 1997
- 10-
AGENDA RE VIEW SESSION
ITEM # 42689
Mayor Oberndo~ Council Members McClanan and Parker will vote NAY on the following:
K. 3 Application of LADM ASSOCIATES, L.L.C., A Virginia
Limited Liability Company, LENA SANCILIO and
CONTRACTOR'S PAVING COMPANY, INC. for the
discontinuance, closure and abandonment of a portion of
Avenue E, beginning at a point 337 93 feet South of Bonney
Road and running 899.85 feet in a Southerly direction to the
Northern boundary of the Virginia Beach-Norfolk Expressway,
containing 30, 094 square feet (L YNNHA VEN BOROUGH).
ITEM # 4269O
This item will be discussed during the Formal Session, as the recommendation was denial.
K. 8 Application of CRAIGA. ROSENBERG for a Conditional Use
Permit for automobile repair and sales on the West side of
South Lynnhaven Road, North of Old Towne Lane (85l South
Lynnhaven Road), containing 14, 984. 64 square feet (PRINCESS
ANNE BOROUGH).
ITEM # 42691
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA:
K1
Application of BAITA DEVELOPMENT COMPANY, LLC for
a Modification to the Green Run Land Use Plan on the South
side of Buckner Boulevard, 400 feet more or less East of
Independence Boulevard re modil~ing the submitted site plan,
dated June 27, 1996, and developing the outparcel designated
".future development area" which is a portion of Parcel "H"
Green Run PUD, containing 7.75 acres (KEMPSVILLE
BOROUGH).
K2
Ordinance in the petition of ALLSAFE SELF STORAGE,
L.L.C. for the discontinuance, closure and abandonment of a
portion of South Kentucky Avenue, beginning at the Eastern
boundary of South Kentucky Avenue and runntng 44.18feet in
an Easterly direction, containing 1,324.95 square feet
(KEMPS VILLE BOROUGH).
K3
Application of LADM ASSOCIATES, L.L.C., A Virginia
Limited Liability Company, LENA SANCILIO and
CONTRACTOR'S PAVING COMPANY, INC. for the
discontinuance, closure and abandonment of a portion of
Avenue E, beginning at a point 337.93feet South of Bonney
Road and running 899 85 feet in a Southerly direction to the
Northern boundary of the Virginia Beach-Norfolk Expressway,
containing 30, 094 square feet (L YNNHA VEN BOROUGH).
K4
Application of ASHER PROPERTIES, A Virginia General
Partnership, for a Modification to a Conditional Use Permit
(12 December 1988)for an automobile repair establishment
(Grease MonkeF Quick Lube) at 2841 Virginia Beach
Boulevard (L YNNHA VEN BOROUGH).
October 14, 1997
- 11 -
AGENDA RE VIEW SESSION
ITEM # 42691 (Continued)
K5 Application of RALPH KNAPP for a Conditional Use Permit
for a contractors storage yard on the East side of Central Drive
on Lot 27C, London Bridge Industrial Park II, Phase One,
containing 1.7 acres (L YNNHA VEN BOROUGH).
K. 6
Application of HALL TIDEWATER, LTD PARTNERSHIP,
for a Conditional Use Permit for motor vehicle sales and
service on the North side of Vtrginia Beach Boulevard, 160feet
West of Cranston Lane (3216 Vtrgtnia Beach Boulevard),
containing 32, 400 square feet (L YNNHA VEN BOROUGH).
K. 7
Application of EAST COAST BAPTIST CHURCH for a
Conditional Use Permit for a church (expanston) on the West
side of Indian River Road, North of the intersection with Indian
Lakes Boulevard (5149 Indian River Road), containing 3.4
acres (KEMPSVILLE BOROUGH).
K. 9
Applications of ROBERT L. NELSON and BARBARA N.
GRAY on the North side of West Landing Road at its Western
extremity, containing 6.6 acres (PRINCESS ANNE
B OR 0 UGH):
Change of Zontng Distrtct Classtficatton from AG-2
Agricultural District to Conchtional B-2 Community Business
District, subject to:
Conditional Use Permit for a boat storage £acili_tF and
commercial marina, subject to'
Item K. I will be DEFERRED INDEFINITEL Y B Y CONSENT
October 14, 1997
- 12-
CITY COUNCIL CONCERNS
11:55 A.M.
ITEM # 42692
Council Lady Henley referenced the flex suite Ordinance scheduled for the City Council Session of
October 28, 1997. There are two proposed amendments. The Sandbridge Civic League has requested
language be included to assure flex suites and the dwelling units to which they are attached are NOT
transient lodging, which wouM be prohibited Am amended version, as well as the Ordinance for
Planning Commission's consideration will be forwarded to Council Members.
ITEM # 42693
Council Lady Henley advised there was a letter to the Editor in this morning's newspaper, October 14,
1997, stating the City Council was totally ignoring the Vets House and homelessness, because the Council
was not extending the HUD lease.
Mayor Oberndorf advised representatives came to her office. HUD is asking them, as it asked Samaritan
House and the others, to buy the homes from the Federal government or whomever owned same.
Unfortunately, this group has not raised a significant amount of money nor have they put any of the
revenue they were able to raise aside to assist in purchasing the house Mayor Oberndorf asked Andy
Friedman to investigate all of the grants available to the Vets House to assist. Samaritan House worked
hard to raise these funds. The representatives of the Vets House did not request the City Council to buy
their house. Housing and Neighborhood Preservation have been working closely with Vets House. Andy
Friedman advised the Vets House is to be included in next year's Block Grant.
Council Lady Henley said the letter suggests if Vets House were made a part of the Homeless Grant, they
would be able to extend their lease.
Councilman Branch had heard there was the possibility of fund balance money which could be
appropriated. The City Manager advised this was correct. He believed the City had worked out the ability
to assist.
ITEM # 42694
Council Lady Henley believed the language tn the fourth draft of the COMPREHENSIVE PLAN was
really "getting there".
Councilman Harrison said some of the language is repetitive.
ITEM # 42695
Vice Mayor Sessoms advised the Jet Ski Advisory Committee held their first meeting on Monday, October
13, 1997. Vice Mayor Sessoms expressed appreciation to Council Lady McClanan for attending. There
was representation from property owners and jet ski operators. All members in attendance acknowledged
the problem. Delegates Purkey and Tara are Members of the Committee. The purpose of the meeting is
to received comments and devise recommendations to City Council for consideration by the State
Delegation at the 1998 General Assembly for legtslation to better regulate personal watercraft. Vtce
Mayor Sessoms said a PUBLIC HEARING was tentatively SCHEDULED for Monday, October 27,
1997, at 6:30 P.M. in the City Council Chamber.
Mayor Oberndorf advised the OCEANA ElS PUBLIC HEARING is SCHED ULED for October 2 7, 1997,
at 3:30 P.M., with testimony beginnihg at 7'00 P M. at the Pavilion. Vice Mayor Sessoms said the date
of the Jet Sla' Public Hearing will be ,changed.
October 14, 1997
-13-
CITY COUNCIL CONCERNS
ITEM # 42696
Council Lady McClanan referenced the Design Advisory Group, which was abolished. Council Lady
McClanan wished the criteria and standards be scheduled for the new group at the City Council Session
October 28, 1997.
ITEM # 42697
Councilman Branch advised several members of City Council attended the Rudee Inlet Dredging Public
Hearing last week. There was excellent participation by the audience. The firm of Langley and McDonald
was taking notes. Councilman Branch advised the members were very supportive of the City's suggestions
and there was strong support to continue or study changes to the jetty design.
Councilman Branch inquired when the City Manager would provide additional recommendations derived
from this meeting. It might be a good idea to coincide the Rudee Inlet Dredgmg group with the Owl's
Creek Committee recommendattons to the City Council.
The City Manager advised staff is analyzing the report with a Public Hearing to be scheduled to prepare
a package for City Council relative funding. The options should be provided tn approximately two
weeks.
October 14, 1997
- 14-
ITEM # 42698
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEA CH CITY
COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, October 14, 1997, at
12:20 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera
E. Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
Harold Heischober and Louisa M. Strayhorn
October 14, 1997
- 15-
ITEM # 42699
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion or consideration of 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:
Board of Building Code Appeals
Historical Review Board
Review and Allocation Committee (COIG)
Senior Services of Southeastern Virginia
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly-held property, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A)(3).
To-Wit:
Hampton Roads AgriculturaI Research and Extension Center
Agricultural Reserve Program - Princess Anne Borough
LEGAL MA TTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of legal
advice by counsel pursuant to Section 2.1-344(A)(7).
To-Wit:
Lake Gaston Water Supply Project
A T & T Wireless PCS, Inc., et al v City Council of the
of the City of Virginia Beach
Yacht Sales Inc v City of Virginia Beach
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council voted to proceed into
EXECUTIVE SESSION.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera
E. Oberndorf Nancy K. Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober ahd Louisa M. Strayhorn
October 14, 1997
- 16-
FORMAL SESSION
VIRGINIA BEA CH CITY COUNCIL
October 14, 1997
2:15 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, October 14, 1997, at 2:30 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr,
Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera
E Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
Harold Heischober and Louisa M. Strayhorn
INVOCATION:
The Revered Ernest G. Roebuck
Calvary Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed he would abstain on
Items 1.2. (Cape Henry Collegiate School, Inc.), K. 2. (Allsafe Self Storage) and K. 3 (LADM Associates,
Sancilio and Contractor's Paving Company, Inc ). There were no other matters on the agenda in which
he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of
Central Fidelity Bank. The Vice Mayor regularly makes this Disclosure as he may or may not know of
the Bank's interest in any applicatiort that may come before City Council. Vice Mayor Sessoms' letter of
January 1, 1997, is hereby made a part of the record.
October 14, 1997
-17-
Bem V-E.
CER TIFICA TION OF
EXECUTIVE SESSION
ITEM It 42 700
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council CERTIFIED THE
EXECUTIVE 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 Executive Session to
which this certification resolution applies;
Only such public business matters as were identified in the motton
convening the Executive Session were heard, discussed or constdered by
Virginia Beach City Counctl.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr,
Barbara M. Henley, Lores R. Jones, Reba S. McClanan, Mayor Meyera
E. Oberndorf Nancy K. Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Louisa M. Strayhorn
October 14, 1997
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach C~ty Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 42699, Page 15 and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virgima 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 Executive
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
Rfi~h Hodges Smith, CMC/AAE
City Clerk
October 14, 1997
- 18-
Item V-F. 1.
MINUTES
ITEM # 42701
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of October 7, 1997.
Voting: 9-0
Council Members Voting Aye:
John ,4. Baum, Linwood O. Branch, 1II, William W. Harrison, Jr,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera
E. Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members ,4bsent:
Harold Heischober and Louisa M. Strayhorn
October 14, 1997
- 19-
Item F-G.I.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 42702
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
ADDED:
FEDERAL COURT ORDER/application of L YNNHAVEN UNITED
METHODIST CHURCH for a Conditional Use Permit for .two (2) 135-
foot monopole communicattons towers on the South side of Little Neck
Road (1033 Little Neck Road), containing 3.44 acres (LYNNH.4VEN
BOROUGH
October 14, 1997
- 20 -
Item V-G. 2.
PRESENT.4 TION
ITEM # 42703
The Department of Human Resources was selected at the 1997 recipient of the International Personnel
Management Association's (IPMA) Agency Award for Excellence. This is a most prestigious award in
recognition of outstanding accomplishments and leadership to human resource management. The City was
recognized for a plethora of aggressive and innovative programmatic efforts including the development
of the "life-cycle of employment" concept a meaningful approach to bridging the gap between current
issues and future needs of employees and the workplace.
Neil Riechenberg, IPM~4 Executive Director, presented the award to Fagan Stackhouse- Director, on
behalf of the Department of Human Resources. Fagan is a recognized leader in the Human Resource
Management profession. He serves on the Board of Directors of IPM~4, the Professional Development
Committee, which has prepared an innovative human resources competency model and training program,
Chaired the Resolutions Committee, Conference Program Committee, and the Governing Board of the
IPMA Southern Region. He is a frequent speaker at Conferences, Seminars and Workshops.
Mr. Stackhouse requested the members of the Human Resources Staff, in attendance, stand and be
recognized.
October 14, 1997
- 21 -
Item V-I.J.
RESOLUTIONS~ORDINANCES
ITEM # 42704
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED BY
CONSENT in ONE MOTION Resolutions 1, 2 an 3 and Ordinances 1, 2, 3, 4 and 5.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera
E. Oberndorf Nancy K. Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Loutsa M. Strayhorn
Vice Mayor Sessoms ABSTAINED on Item 1.2.(Cape Henry Collegiate School, Inc.) as the applicant is
a customer of Central Fidelity. '
October 14, 1997
- 22 -
Item V-I. 1.
RESOLUTIONS
ITEM # 42705
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Counctl ADOPTED:
Resolution to support 1998 General Assembly legislation to designate
Our Lady of Perpetual Help Health Center, Inc., as being exempt from
state and local real and personal property taxation
Voting: 9-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera
E Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay'
None
Council Members Absent:
HaroM Heischober and Louisa M. Strayhorn
October 14, 199 7
A RESOLUTION SUPPORTING LEGISLATION WHICH WILL
DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY OUR
LADY OF PERPETUAL HELP HEALTH CENTER, INC., AS
BEING EXEMPT FROM STATE AND LOCAL REAL AND PERSONAL
PROPERTY TAXATION
WHEREAS, property located in the City of Virginia Beach and
7 owned by Our Lady of Perpetual Help Health Center, Inc., will be subject
8 to ad valQr~m taxation;
WHEREAS, Our Lady of Perpetual Help Health Center, Inc., has
10 requested the Council of the City of Virginia Beach to adopt a resolution
11 in support of its request that the General Assembly act in accordance
12 with Article X, § 6(a) (6) of the Constitution of Virginia to designate
13 the real and personal property of Our Lady of Perpetual Help Health
14 Center, Inc., as being exempt from state and local real and personal
15 property taxation;
16
WHEREAS, Our Lady of Perpetual Help Health Center, Inc., owns
17 real estate located on Princess Anne Road adjacent to Catholic High
18 School, and on this land the organization is constructing a nursing and
19 personal care facility for elderly persons;
20
WHEREAS, when the facility is completed, the tax assessed
21 value of the personal property owned by Our Lady of Perpetual Help Health
22 Center, Inc., will be approximately $200,000, and if the organization is
23 not tax exempt, personal property taxes would total $2,960.00 per year;
24
WHEREAS, when the facility is completed, the tax assessed
25 value of real estate owned by Our Lady of Perpetual Help Health Center,
26
27
Inc., will be approximately $9,015,500, and if the organization is not
tax exempt, real estate taxes would total approximately $109,989.10 per
28 year.
29
30
WHEREAS, pursuant to § 30-19.04 of the Code of Virginia, the
Council of the City of Virginia Beach has properly advertised and
31 conducted a public hearing prior to the adoption of this resolution and
32 has given all citizens an opportunity to be heard;
33
WHEREAS, the provisions of § 30-19.04(B)of the Code of
34 Virginia have been examined and considered by the Council of the City of
35 Virginia Beach; and
36
WHEREAS, the Council of the City of Virginia Beach is of the
37 opinion that Our Lady of Perpetual Help Health Center, Inc., should be
38 designated as a benevolent corporation within the context of § 6(a)(6)
39 of Article X of the Constitution of Virginia and that real and personal
40 property located in the City of Virginia Beach owned by Our Lady of
41 Perpetual Help Health Center, Inc., and used by it exclusively for
42 benevolent purposes on a nonprofit basis should be exempt from state and
43 local real and personal property taxation.
44
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
45 VIRGINIA BEACH, VIRGINIA:
46
That the Council of the City of Virginia Beach supports the
47 enactment of legislation involving the designation of Our Lady of
48 Perpetual Help Health Center, Inc., as a benevolent corporation within
49 the context of § 6(a)(6) of Article X of the Constitution of Virginia and
50 that real and personal property owned by Our Lady of Perpetual Help
51 Health Center, Inc., which is located within the City of Virginia Beach
52 and used exclusively for benevolent purposes on a nonprofit basis, be
53
54
55
declared exempt from state and local real and personal property taxation.
Adopted by the Council of the City of Virginia Beach,
14 0~tober
Virginia, on the day of , 1997.
56
57
58
59
60
61
62
63
CA-6636
ORDIN\NONCODE\OURLADY.RES
R-1
PREPARED: 10/02/97
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
64
65
66
67
City Attorney
APPLICATION TO CITY OF VIRGINIA BEACH FOR
EX]SM~TION FROM PERSON~ AND REAL PROPERTY TAXATION
Applicants: Please f~ll out this form and submit same to the City Manager, Municxpal Center,
Virginia Beach, Virginia 13~$6. In any instance where additional space is ~eeded to complete your
a~swer to a particulax question, please utilize a separate sheet of paper and at~ach it to this
application.
Formal Name of Corporation/Organization:
Our Lady of Perpetual Help, Inc.
4569 Princess Anne Road
Address:
Vir§inia Beach, VA 23462-7905
Telephone Number: (540) 366-0622
i ·
Is the Organization chartered or incorporated under the laws
of the Commonwealth of Virginia.'? YES
2. For what purpose is the group chartered? SEE ATTACHMENT
·
Describe in detail and specify the location of all real and
personal property for which exemption is sought.
The subject property is located on the eastern side of Princess
Anne Road; 509 feet south of Green Meadows Drive and adjacent to
Catholic High School in Virginia Beach, Virginia. The site has
772 feet of frontage along the eastern side of Princess Anne Road.
·
List the present tax assessment of
property for which this exemption is sought:
Parcel GP1N1476-53-0061-000
Description: 9.4986 acres
Assessed Value
Land: $248,500.00
Improvements:
Total Assessed
Value:
$8,767,000.00
$9,015,500.00
each parcel of real
Parcel
Description:
Assessed Value:
!
Land: $
Improvements: $
Total Assessed
Value: $
Attachment to Question #~ p. I
Our Lady of Perpetual Help was chartered to provide "a nursing and personal care facflfly
and services to the elderly It was specially designed to meet the elderly's physical, social
and psychological needs"
·
~
List the present tax assessment, by tax bill, of personal
property for which the exemption is sought.
Personal Property is estimated to be valued at $200,000.00.
.
For what purpose is the real property currently being used?
If there are several types of use for a single parcel,
indicate such usages by areas of the buildings and floor
locations.
Currently building is under construction.
a ·
Does any other individual, association or corporation
occupy or use any part of the premises of any property
for which exemption is sought? If yes, give details.
No
b,
Is any income derived from the use of any portion of
the real property by other individuals or groups,
whether considered as rent or reimbursement for
necessary expenses for services incurred? If yes, give
all details.
No
.
With regard to personal property, state the purpose for
which the property is being used and whether income is
derived from the use of any such property by individuals,
groups or otherwise. If so, give all details.
N/A
o
Is the organization exempt from taxation pursuant to Section
501(c) of the Internal Revenue Code of 19547 If so, attach
documentat ion.
Yes
·
Has the ABC Board issued a current annual alcohol beverage
license for the service of alcohol beverages for use on the
property from which tax exemption is here sought?
No
10.
Is any director or officer of the agency paid compensation
in excess of a reasonable allowance ' for salaries or other
compensation?
No director or officer of Our Lady of Perpetual Help is paid anything
11. Does any part of the earnings~ exclusive of salaries, of
such organization inure to the benefit of any individual?
If so, list what portion and to whom for each of the past
three years.
None
12. What portion of the service provided by such organization is
generated by funds received from donations, contributions,
or local, sta~e, or federal grants? Donations shall include
the providing of personal services or the contribution of
any in-kind or other material services.
SEE ATTACHMENT
Attachment to Ouestion #12, p. 3
Our Lady of Perpetual Help will be butlt with proceeds from the sale of tax exempt bonds
to the general public The Bishop of Rmhmond w~ll contribute equity in excess of
$500,000 00 to make the project financmlly feasible The majority of the proposed income
will be prowded by the users of the project, the Medicaid program, the Virginia Grant
Program and income from a Diocesan Endowment Fund It Is expected that volunteers
will pro'nde many servmes to augment the services of the prod staff to enhance pat~q~nt
care Clothing and furniture are often received from the general public to assist hm~ted
Income res}dents Many acttv~t~es are provided by churches and other non profit
organizations to keep the residents active and alert There will be an endowment fund
established to assist hm~ted income residents
13. Does the organization provide services for the common good
of the public? If so, explain in detail including in your
explanation a listing of the services provided, the cost of
the services to the recipient or method of determlng cost of
the services to the recipient, and any other details you
deem pertinent.
SEE ATTACHMENT
14. What part, if any, of the activities of the organization
involves carrying on propaganda, or otherwise attempts to
influence legislation?
None
15. Has the organization ever participated in, contributed to,
or intervened in any political campaign on behalf of any
candidate for public office? If the answer is yes, please
provide any qualifying information you deem necessary.
No
16. State the organization's rule, regulation, policy, or
practice concerning discrimination on the basis of religious
conviction, race, color, sex or natural origin.
SEE ATTACHMENT
17. List the na~e, business address and business telephone of
the president and secretary of the corperation/organization
as well as the managing officer.
President: Mr. Thomas Splvak
Marian Manor
5345 Marian Lane
Virginia Beach, VA 23462
(757) 456-5018
Secretary: Joan Rothrauff
(BusIness: N/A)
Management
A~ent: Robert McN~chols
Coordinated Services Mgmn:
P.O. Box 19419
Roanoke, VA
(540) 366-0622
24019
Allochmenl Io (~ue.~lion # 13, p. 4 ond Que~lion I/]gE, ~. ,~
The Catholic Diocese of Richmond and the Board of Directors of Our
Lady of Perpetual Help are requesting the Virginia Beach C~ty Council to
consider a resolution favoring real estate tax exemption for Our Lady of
Perpetual Help Health Center.
Our Lady of Perpetual Help is a non-profit 501(c)(3) being developed by
the Catholic Diocese of Richmond to provide a continuum of care for
elderly Virginia Beach residents including those currently residing at the
Diocese's Marian Manor faciliW. Located on Princess Anne Road in the
Larkspur District, Our Lady of Perpetual Help will provide specialized
Alzheimer's, nursing and intensive personal care services Our Lady of
Perpetual Help is designed to serve residents of all incomes. Our Lady of
Perpetual Help, like Marian Manor, anticipates drawing ~25% of its
residents from an area within a four to five mile radius of the facdity.
Currently, within the City of Virginia Beach there is an acute need for
quality Alzheimer's care especially for residents of Iow and moderate
income. In an effod to address this need, Our Lady of Perpetual Help
Health Center will contain three separate pavilions v~th a total of 60
beds devoted to caring for residents in the middle and late stages of
Alzheimer's disease.
Based on the population currently residing at Marian Manor, it is
anticipated that most residents will fall into the lower or middle income
range with minimal assets. Like Marian Manor, Our Lady of Perpetual
Help will set aside a minimum of 10% of its beds (including those serving
Alzheimer's residents) for limited income elderly who apply for admission
but are unable to pay the full cost of their care. In addition to this type
of financial assistance, Our Lady of Perpetual Help, like Marian Manor,
also will maintain in residence those persons who exhaust their funds
after entry as well as those who are unable to cover the full cost of their
care due to inflation or other factors Real estate tax exemption plus a
Diocesan endowment fund similar to the one currently in place at
Marian Manor wdl be needed to pay for this indigent care
Unlike many life care fatalities, Our Lady of Perpetual Help w~ll require no
entrance or founders fees. A small refundable securdy deposit ranging
from $50 to $1,000 will be the only fee requred at entry. Residents v~ll
contract for services on a month to month or day to day basis,
depending on the level of care needed. Residents are not requi'ed lo
maintain any type of health insurance as a condition of entry or
continued residency. Once a person is in residence at Our Lady of
Perpetual Help, he/she will have priority for the other levels of care within
the facilely.
The Catholic Diocese of Richmond has established five other facilities
similar to Our Lady of Perpetual Help. All of these facilities, Marian Manor
located off Vi'ginia Beach Boulevard, Our Lady of the Valley in
Roanoke, VA, Our Lady of Peace in Charlottesville, VA, Our Lady of Hope
in Richmond and St. Mary's Woods in Richmond, are tax exempt.
Attachment to Ouestion #16, tz 4
Our Lady of Perpetual Help is an equal opportumty housing provider, an equal
opportunity employer, and does comply with all federal, state and local laws and
regulations regardtng non-discrimination based on religion, race, color, sex or national
origin In addition, Our Lady of Perpetual Help wtll comply with all Medicaid regulations
regarding non discrimination Our Lady of Perpetual Help's federal tax exempt status
based upon non-discrimination as are the requirements for the sale and use of tax exempt
bonds The Cathohc Diocese of P-richmond reqmres non-discnrmnatton tn all of its
factlittes and has a long standing h~story of non-dtscrimination and affirmative action
18. In addition to the above, please provide the following
information:
(a) A copy of the organization's most recent audited
financial statement (i.e., current balance sheet and
income and expense statement for the organization's
last fiscal period). N/A
(b) A detailed listing of the current salaries and/or other
compensation of the officers and directors of the
organization. In addition, please specify as to each
officer or director so listed, the basis of the listed
salary or compensation (i.e., annually, per meeting,
hourly, commission, etc.). N/A
(c) List the salary ranges of each employee position
classification and list the number of full-time and.
part-time employees in each such classification. SEE ATTACHED
(d) Specify what percentage of gross income of the
organization was required to pay real and personal
property taxes for each of the last three years. 0%
(e) Explain in detail why the City Council of the City of
Virginia Beach should recommend to the General Assembly
of Virginia that this organization should be exempt
from real and personal taxation in the City of Virginia
Beach. Please include in your explanation, the
services provided by the organization. SEE ATTACHED
This form was prepared by Thomas Sp.ivak
whose title with the organization is Fresident
( Signature )
ORGANIZATION Our Lady of Perpetual Help
Title President
Date
STATE OF VIRGINIA
CITY OF VIRGINIAA BEACH, to-wit:
and says that he/she is the ~~3'[~~) ~ (title) of
the ~)~ L~d~_~f ~e~ / ~e.ff (legal name of
ownership organization) named in the within entitled application;
that he has read the foregoing information sheet and knows the
contents thereof; and that the same is true to his own knowledge
except as to the matters herein stated to be alleged upon
information and belief, and as to those matters he believes it to
be true.
Subscribed and sworn to before me this
of ~ , , 19f7.
day
My Commission Expires
! ·
- 23 -
Item V-I.2.
RESOLUTIONS
ITEM # 42706
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Resolution to approve issuance of the Virginia Beach Development
Authority 's Industrial Revenue Bonds:
CAPE HENRY COLLEGIATE SCHOOL, INC. $4,500,000
Voting: 8-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, IlL William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera
E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Abstaining:
Vice Mayor William D. Sessoms, Jr. and Louis M. Strayhorn
Council Members Absent:
Harold Heischober
Vice Mayor Sessoms ABSTAINED as the applicant is a customer of Central Fidelity
October 14, 1997
RESOLUTION APPROVING THE ISSUANCE
OF REVENUE BONDS FOR
CAPE HENRY COLLEGIATE SCHOOL, INC.
WHEREAS, the City of Virginia Beach Development Authority (the "Authority') has
held a public hearing on August 19, 1997, with respect to the application of Cape Henry
Collegiate School, Inc. (the "Company") for the issuance of the Authority's Industrial
Development Revenue Bonds in an amount not to exceed $4,500,000.00 (the "Bonds") to assist
the Company in (a) constructing and equiping (i) an approximately 12,170 square foot expansion of
the auditorium and (ii) an approximately 13,080 square foot expansion of the fine arts center; and
(b) refinancing the outstanding principal balance of the Authority's $2,500,000 Industrial
Development Revenue and Refimding Bond Series 1992 issued for the benefit of the Company to
(1) assist in the construction and equipping of (i) a one-story gymnasium and locker room addition
containing approximately 12,500 square feet, (ii) a two-story classroom building containing
approximately 32,000 square feet, (iii) a two-story library containing approximately 20,000 square
feet and (iv) a one-story administrative office conta/ning approximately 5,000 square feet and (2)
refinance the outstanding principal balance of (i) the Authority's $1,750,000 Revenue Bond Series
1988 issued for the benefit of the Company to assist in the construction and equipping of an
approximately 30,000 square foot classroom building expansion and (ii)the Authonty's $550.000
Revenue Bond Series 1991 issued for the benefit of the Company to assist in the construction and
equipping of an approximately 30,000 square foot athletic facility;
WHEREAS, all such improvements are located, or will be located, at the Company's
29.5 acre campus located at 1320 Mill Dam Road, Virginia Beach, Virginia (collectively, the
"Facility"); and
WHEREAS, the Internal Revenue Code of 1986, as amended (the "Tax Code"), provides
that the highest elected governmental officials of the governmental units having jurisdiction over
the issue of private activity bonds and over the area in which any facility financed with the
proceeds of private activity bonds is located shall approve the issuance of such bonds; and
WHEREAS, the Authority issues its bonds on behalf of the City of Virginia Beach,
Virginia (the "City"), the Facilities are or will be located in the City and the members of the City
Council of the City (the "Council") constitute the highest elected governmental officials of the
City; and
WHEREAS, Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the
"Virginia Code"), provides that the Council shall within 60 calendar days from the date of the
public heating with respect to industrial development revenue bonds either approve or
disapprove the issuance of such bonds; and
WHEREAS, the Authority has favorably considered the Company's application and a
copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be
agreed on, a reasonably detailed summary of the comments expressed at the public hearing with
respect to the Bonds and a statement in the form prescribed by Section 15.1-1378.2 of the
Virginia Code have been filed with the Council, together with the Authority's recommendation
that the Council approve the issuance of the Bonds;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. The recitals made in the first preamble to this Resolution are hereby adopted as a
part of this resolution.
2. The City Council approves the issuance of the Bonds by the Authority to assist in
the financing of the Facilities for the benefit of the Company to the extent of and
as required by Section 147(f)(2) of the Tax Code and Section 15.1-1378.1 of the
Virginia Code. The approval of the issuance of the Bonds, as required by Section.
147(f)(2) of the Tax Code and Section 15.1-1378.1 of the Virginia Code, does not
constitute an endorsement of the Bonds or the creditworthiness of the Company,
but, as required by Chapter 643 of the Acts of Assembly of 1964, as amended, the
Bonds shall provide that neither the City nor the Authority shall be obligated to
pay the Bonds or the interest thereon or other costs incident thereto except from
the revenues and monies pledged therefor and neither the faith, credit nor taxing
power of the Commonwealth of Virginia, the City or the Authority shall be
pledged thereto.
3. In adopting this Resolution, the City, including its elected representatives,
officers, employees and agents shall not be liable and hereby disclaims all liability
for any damages to any person, direct or consequential, resulting from the
Authority's failure to issue the Bonds for any reason.
4. This Resolution shall take effect immediately on its adoption.
Adopted by a quorum of the Council of the City of Virginia Beach, Virginia, on
·
October 14 ,1997
19206006/resolution-cgs
City Clerk
7/:,?P;'?-."" ~[TD b.q TO
" LEG a,,'_ CU£FICiENCY
VIRGINIA
BF * CH
Development Authority
One Columbus Center, Suite 300
V~rginla Beach, VA 23462
(804) 499-4567
FAX (804) 499-9894
Kenneth F. Palmer, Chazrman
Robin D Ray, Vzce-Chazrman
F Dudley Fulton, Treasurer
W. Brantley Basmght III, Secretary
Kenneth D Barefoot
David A King, .Ir
Thomas J Lyons, Jr.
September 22, 1997
The Honorable Meyera E. Oberndorf, Mayor
Members of City Council
Municipal Center
Virginia Beach, VA 23456
Re.'
Cape Henry Collegiate School, Inc.
$4,500,000 Industrial Development Tax Exempt Bonds
We submit the following in connection with a project for Cape Henry Collegiate School,
Inc. located at 1320 Mill Dam Road in Virginia Beach, Virginia.
(1) Evidence of publication of the notice of hearing is attached as Exhibit A, and a
summary of the statements made at the public hearing is attached as Exhibit B. The City of
Virginia Beach Development Authority's (the "Authority'') resolution recommending Council's
approval is attached as Exhibit C.
(2) The Disclosure Statement is attached as Exhibit D.
(3) The statement of the Authority's reasons for its approval as a benefit for the City of
Virginia Beach and its recommendation that City Council approve the modification of the bonds
described above is attached as Exhibit E.
(4) The Fiscal Impact Statement is attached as Exhibit F.
The Honorable Meyera E.
Oberndorf, Mayor
Members of City Council
September 22, 1997
(5) Attached as Exhibit G is a summary sheet setting forth the type of issue, and
identifying the Project and the principals.
Very truly yours,
Vice Chair
RDR/GLF/mmh
Enclosures
EXHIBIT A
NOTICE OF PUBLIC HEARING ON PROPOSED REVENUE BOND FINANCING OF
THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
Notice is hereby given that the City of Virginia Beach
Development Authority (the Authority), whose address is Suite 300,
One Columbus Center, Virginia Beach, Virginia, will hold a public
hearing at 8:30 a.m. on August 19, 1997, on the application and
plan of financing of Cape Henry Collegiate School, Inc. (the
Company), for the issuance of the Authority's Revenue Bonds
pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended
(the Act), in amount not to exceed $4,500,000 to assist the Company
as follows: (a) constructing and equipping (i) an approximately
12,170 square foot expansion of the auditorium and (ii) an
approximately 13,080 square foot expansion of the fine arts center;
and (b) refinancing the outstanding principal balance of the
Authority's $2,500,000 revenue and refunding bond series 1992
issued for the benefit of the Company to (1) assist in the
construction and equipping of (i) a one story gymnasium and locker
room addition containing approximately 12,500 square feet, (ii) a
2-story classroom building containing approximately 32,000 square
feet, (iii) a 2-story library containing approximately 20,000
square feet and (iv) a 1-story administrative office containing
approximately 5,000 square feet and (2) refinancing the outstanding
principal balance of (i) the Authority's $1,750,000 revenue bond
series 1988 issued for the benefit of the Company to assist in the
construction and equipping of an approximately 30,000 square foot
classroom building expansion and (ii) the Authority's $550,000
revenue bond series 1991 issued for the benefit of the Company to
assist in the construction and equipping of an approximately 30,000
square foot athletic facility. Ail such improvements are located,
or will be located, at the Company's 29.5 acre campus at 1320 Mill
Dam Road, Virginia Beach, Virginia. As required by the Act, the
bonds will not pledge the credit or the taxing power of the City of
Virginia Beach, Virginia, or the Authority but will be payable
solely from revenues derived from the Compan-~ and pledges,
therefore any person wishing to comment on the Company's
application may appear and be heard at the public hearing. A copy
of the Company's application is on file and is open for inspection
at the Authority's office during business hours.
19205006/notpubhrg cgs
CITY OF VIRGINIA BEACH
DE
BY:
Vice Chairm~/
THE VZRGZNZAN-PILOT
BZLLED ACCOUNT
CLARK & STANT, P.C.
900 ONE COLUHBUS CENTER
VZRGZNZA BEACH, VA
23462
STATENENT NO. PAGE ZNVOZCE OATE
77 ! 08/17/97
BZLLEO ACCT# AD NUNBER ZNVC NUNBER
OSX464SOX 85860020 002866001
ZSSUE EDZTZON ZNVC NBR DESCRZPTZON SZZE GROSS ANT.
08/06/97 FULL 002866001 BQflD FZNANCXNG 2 X 0045 2S2.90
08/15/97 FULL 002866002 BOND FZHANCZHG 2 X 004S 2S2.90
TOTAL SOS.80
State of Virginia
City of Norfolk
to-.fl: AFFIDAVIT
This day D. Johnson personally appeared before me and after being duly sworn made oath that:
(1) (He) (She) is affidavit clerk of The Virginian-Pilot a naHspapar published by Landmark
Communications Znc., ~n the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and V~rg~nia
Beach, State of Virginia;
(2)' That the advertisement hereto annexed at BOND FZNANCZNG has been published
said newspaper during the following dates: 08/06/97 - 08/13/97
Affiant
Subscribed and sworn to before me in my city and state aforesaid this 17TH day of AUGUST
1997
Ny commission expSres AUGUST 31, 1999 ~/~~~,
Notary Public
8.~0 a.m on August 19, 199~/, on the apl~icitJon and
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N~ OF PUlLK HIA~ ON I~ IIVKNUl IOND
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EXHIBIT B
City of Virginia Beach Development Authority
Record of Public Hearing on August 19, 1997
(Cape Henry Collegiate School, Inc. Project)
The chairman of the City of Virginia Beach Development Authority (the "Authority")
.announced the commencement of a public hearing on the request of Cape Henry Collegiate
School, Inc. (the "Borrower"), and that a notice of the hearing was published once a week for
two consecutive weeks in the Virginian Pilot, a newspaper having general circulation in the City
of Virginia Beach, Virginia. Such public hearing was held not less than six days and not more
than 21 days after the second notice appeared in such newspaper. A copy of the notice and
certificate of publication of such notice have been filed with the records of the City Council of
the City of Virginia Beach.
The following individual appeared and addressed the Authority at such public hearing:
C. Grigsby Scifres, an attorney with Clark & Stant, P.C., appeared on behalf of the
Borrower. Mr. Scifres gave a brief description of the proposed financing and explained that the
proposed issuance of bonds (the "Bonds") would be used to assist the Borrower in financing the
expansion of its educational facilities in the City of Virginia Beach and refunding an existing
$2,500,000 tax exempt bond previously issued by the Authority for the benefit of the Borrower.
The proceeds of the previous bond issue to be refunded were used to finance previous
expansions of the Borrower's educational facilities in the City of Virginia Beach and to refund
previous bonds issued by the Authority for the benefit of the Borrower. Mr. Scifres related that
public approval previously was given prior to the issuance of the financing to be refunded in
1992 and that, subject to the receipt of the requested public approval, the Authority has
authorized the issuance of the Bonds. This approval is being requested at this time and is
required by the Internal Revenue Code. Mr. Scifres further outlined certain benefits inuring to
the City of Virginia Beach and its citizens including the expansion of the City's cultural and
educational opportunities, creating approximately $2,100,000 in new capital investment with a
construction payroll approaching $500,000, the creation of six new jobs and the retainage of 130
employment positions in the City with an annual payroll exceeding $4,600,000 and the purchase
of goods and services within the City of $3,000,000 and building permits and other municipal
fees totaling $6,000. In addition, Mr. Scifres pointed out that the enhancement of educational
opportunities at independent schools within the City will assist the City in attracting and
retaining business and industry as high quality educational opportunities are one of the most
important criteria to businesses when considering whether to relocate or to stay in a particular
locality.
No other persons appeared to address the Authority, and the chairman closed the
public hearing,
The Authority hereby recommends that the City Council of the City of Virginia
Beach, Virginia approve the issuance of the proposed financing and hereby transmits the
Fiscal Impact Statement to the City Council of the City of Virginia Beach and asks that
this recommendation be received at its next regular or special meeting at which this
matter can be properly placed on the Council's agenda for hearing.
19205006/record pub hrg
EXHIBIT C
RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY
WHEREAS, there has been described to the City of Virginia
Beach Development Authority (the Authority) the plans of Cape Henry
Collegiate School, Inc. (the Company) to (a) construct and equip
(i) an approximately 12,170 square foot expansion of the auditorium
and (ii) an approximately 13,080 square foot expansion of the fine
arts center; and (b) refinance the outstanding principal balance of
the Authority's $2,500,000 Industrial Development Revenue and
Refunding Bond Series 1992 issued for the benefit of the Company to
(1) assist in the construction and equipping of (i) a one-story
gymnasium and locker room addition containing approximately 12,500
square feet, (ii) a two-story classroom building containing
approximately 32,000 square feet, (iii) a two-story library
containing approximately 20,000 square feet and (iv) a one-story
administrative office containing approximately 5,000 square feet
and (2) refinance the outstanding principal balance of (i) the
Authority's $1,750,000 Revenue Bond Series 1988 issued for the
benefit of the Company to assist in the construction and equipping
of an approximately 30,000 square foot classroom building expansion
and (ii) the Authority's $550,000 Revenue Bond Series 1991 issued
for the benefit of the Company to assist in the construction and
equipping of an approximately 30,000 square foot athletic facility.
WHEREAS, all such improvements are located, or will be
located, at the Company's 29.5 acre campus at 1320 Mill Dam Road,
Virginia Beach, Virginia (all such improvements being hereinafter
collectively referred to as the Facility);
W~EREAS, the Company in its appearance before the Authority
and in its application has described the benefits to the City of
·
Virginia Beach, Virginia (the City) and has requested the Authority
to issue its industrial development revenue bonds under Chapter 643
of the Act of Assembly of 1964, as amended (the Act), in such
amounts as may be necessary to finance costs to be incurred in
financing and refinancing the Facility;
W~EREAS, a public hearing has been held as required by
§ 147(f) of the Internal Revenue Code of 1986, as amended, and by
§ 15.1-1378.1 of the Code of Virginia of 1950 as amended, on August
19, 1997; and
WHEREAS, the Company has requested the Authority issue its
bonds in an amount not to exceed $4,500,000 (the Bonds) for the
benefit of the Company to finance and refinance the Facility;
NOW, THEREFORE, be it resolved by the City of Virginia Beach
Development Authority:
1. It is hereby found and determined that the Facility will
bring additional revenues and employment into the City and will
promote the industrial development and the economy of the City,
benefit its inhabitants, increase their commerce and promote their
safety, health, education, welfare, convenience and prosperity.
2. To assist the Company with respect to the Facility, the
Authority agrees to undertake the issuance of its industrial
development revenue bonds in an amount not to exceed $4,500,000 on
terms and conditions to be mutually agreed on between the Authority
and the Company. The Facility shall be leased or sold by the
Authority to the Company pursuant to a lease or installment sale
agreement which will provide payments to the Authority sufficient
to pay the principal of and premium, if any, and interest on the
Bonds and to pay all of other expenses in connection with the
maintenance of the Facility. The Bonds will be issued in form and
pursuant to terms to be set by the Authority, and the payment of
the Bonds shall be secured by a letter of credit to be issued by
Central Fidelity National Bank and by an assignment, for the
benefit of the holders of the Bonds, of the Authority's rights to
payments under the lease or installment sale agreement and may be
additionally secured by a deed of trust on the Facility.
3. It having been represented to the Authority that it is
necessary to proceed immediately with the construction and
equipping of the Facility, the Authority hereby agrees that the
Company may proceed with plans for the Facility, enter into
contracts for acquisition, construction and equipping and take such
other steps as it may deem appropriate in connection therewith,
provided that nothing herein shall be deemed to authorize the
Company to obligate the Authority without its consent in each
instance to the payment of any monies or the performance of any
acts in connection with the Facility. The Authority agrees that
the Company may be reimbursed from the proceeds of the Bonds for
all lawful costs so incurred by it.
4. The Authority hereby agrees to the recommendation of the
Company that Clark & Stant, P.C., Virginia Beach, Virginia, be
appointed as bond counsel and hereby appoints such firm to
supervise the proceedings and approve the issuance of the Bonds.
5. The Authority hereby agrees, if requested, to accept the
·
recommendation of the Company with respect to the appointment of a
placement agent or underwriter for the sale of the Bonds and a
remarketing agent for the remarketing of the Bonds pursuant to
terms to be mutually agreed on.
6. All lawful costs and expenses in connection with the
financing and the acquisition, construction and equipping of the
Facility, including the fees and expenses of the Authority, counsel
for the Authority, bond counsel and the placement agent or
underwriter for the sale of the Bonds and the remarketing agent for
the remarketing of the Bonds, shall be paid from the proceeds of
the Bonds or by the Company. If for any reason such Bonds are not
issued, or such Bonds are issued but it is determined that a part
or all of such costs are not lawfully payable out of Bond proceeds,
it is understood that all such expenses shall be paid by the
Company and that the Authority shall have no responsibility
therefore.
7. In adopting this Resolution, the Authority intends to
declare "official intent" toward the issuance of the Bonds within
the meaning of regulations issued by the Internal Revenue Service
pursuant to § 103 and §§ 141-150 of the Internal Revenue Code of
1986, as amended, including § 1.150-2 of such regulations.
8. The Authority hereby recommends that the City Council of
the City (the Council) approved the issuance of the Bonds and
hereby directs the Chairman or Vice-Chairman to submit to the
Council the statement in the form prescribed by § 15.1-1378.2 of
the Code of Virginia of 1950, as amended, a reasonably detailed
summary of the comments expressed at the public hearing required by
§ 15.1-1378.1 of the Code of Virginia of 1950, as amended, and a
copy of this Resolution.
9. This Resolution will take effect immediately on its
adoption.
The undersigned hereby certifies that the above Resolution was
duly adopted by the Commissioners of the City of Virginia Beach
Development Authority at a meeting duly called and held on August
19, 1997, and that such Resolution is in full force and effect on
the date hereof.
Date:
I , 1997. .
Secretary, ! i'ty o~l vi~_u' '
Beach Develdpment Au~chority
19205006/resolut cgs
EXHIBIT D
DISCLOSURE STATEMENT
Date: September 22, 1997
Applicant: Cape Henry Collegiate School, Inc.
All owners (if different from applicant): None
Type of Application: $4,500,000 Industrial Development Revenue and Refunding Bonds,
comprised of approximately $2,400,000 to refund existing bonds issued in 1992 by the City of
Virginia Beach Development Authority for the benefit of the applicant and approximately
$2,100,000 to assist the applicant in financing an expansion of its educational and cultural
facilities in the City of Virginia Beach.
,
o
If the applicant is a corporation, list all of the officers of the corporation:
Daniel P. Richardson, President
Michael N. Mulkey, Treasurer
Jody M. Wagner, Secretary
G. Elliott Schaubach, Jr., Chairman of the Board of Trustees
Jennette F. Whitehurst, Vice Chairman of the Board of Trustees
Steven Wainger, Vice Chairman of the Board of Trustees
If the applicant is a corporation, list all of the directors of the corporation:
See Exhibit A attached for a list of the members of the Board of Trustees of the
applicant.
The applicant is the owner of the project.
CAPE HENRY COLLEGIATE SCHOOL, INC.
By:
!an~dent
19205006/d~sclosure stmt
Paul V. Battaglia
Owner
Krisp pak Co.
835 South Hampton Blvd.
Norfolk, VA 23510
Work: 622-8440
Home: 425-069/
Fax: 625-7170
Sandy
1997-2001
Scot N. Creech
President
E.L. Creech Insurance
2600 Barrett St.
Virginia Beach, VA 23452
Pat
Work: 340-2000
Home: 48!-0999
Fax: 340-1788
1996-2000
Linda W. Cross
Partner
Peat Marwick
2100 Dominion tower
999 Waterside Drive
Norfolk, VA 23510
Work: 533-6506 or 622-6533
Home: 460-6070
Fax: 622-2525
Gregory
1997-2001
Mary F. Davies
1717 S. Woodhouse Road
Virginia Beach, VA 23454
Home: 481-2873
Fax: 481-6079
Andy
1995-1999
Debra C. Dyckman (Debbie)
Senior Vice President
Resource Bank
3720 Virginia Beach Blvd.
Virginia Beach, VA 23452
Work: 463-2265
Home: 423-2895
Fax: 431-2441
Jet'/'
1996-2000
BOARD OF TRUSTEES 1997-98
CAPE HENRY COLLEGIATE SCHOOL
Thomas W. Elliott (Tom)
Sun Coast Supply
2705 Avenger Drive
Virginia Beach, VA 23452
Work: 463-2700
Home: 340-6854
Fax: 463-4824
Andrea
1996-2000
John H. Fain
Metro Information Services
P.O. Box 8888
Virginia Beach, VA 23450
Work: 486-1900
Home: 481-2464
Fax: 306-0251
Voice Mail: 486-1234, ext. 121
Joyce
1995-1999
Thomas R. Frantz (Tom)
Clark & Stant
One Columbus Center, Suite 900
Virginia Beach, VA 23462
Work: 473-5311
Home: 491-2185
Fax: 473-0416
Dianne
1990-1994 and 1994-1998
F. Dudley Fulton
Henderson and Phillips
P.O. Box 3427
Norfolk, VA 23514-3427
Work: 625-1800
Home: 428-5741
Fax: 625-4849
Connie
1990-1994 and 1994-1998
Dr. Douglas L. Johnson (Doug)
President / CEO
Tidewater Health Cate
1080 First Colonial Road
Virginia Beach, VA 23454
Work: 496-6200
Home: 422-3453
Fax: 496-6299
Sheila
1996-2000
-1-
BOARD OF TRUSTEES 1997-98
CAPE HENRY COLLEGIATE SCHOOL
H.J.P. Koppens (Harry)
CET
P.O. Box 9648
Virginia Beach, VA 23450
Work: 463-0586
Home: 463-0952
Fax: 498-2830
Jacqueline
1992-1996 and 1996-2000
John F. Malbon
PAPCO Oil Company
4920 Southern Boulevard
Virginia Beach, VA 23462
Work: 499-5977
Home: 491-6225
Fax: 473-9348
Harriett
1990-1994 and 1994-1998
Michael N. Mulkey (Mike)
Mulkey & Company, CPA
5339 Virginia Beach Boulevard, Suite 20 l
Virginia Beach, VA 23462
Work: 456-0908
Home: 427-3443
Fax: 456-5570
Sondra
1983-1987, 1987-1991, 1991-1995, 1995-1999
Maureen E. Oiivieri
1036 Curlew Drive
Virginia Beach, VA 23451
Home: 428-0123
Richard
1992-1996 and 1996-2000
Donald H. Patterson, Jr. (Don)
Landmark Commumcations
150 West Brambleton Avenue
Norfolk, VA 23510
Work: 446-2266
Home: 425-1964
Fax: 446-2489
Beth
1991-1995 and 1995-1999
Daniel P. Richardson (Dan)
Head of School
Cape Henry Collegiate School
1320 Mill Dam Road
Virginia Beach, VA 23454
Work: 481-2446
Home: 422-2091
Fax: 481-9194
Cellular: 620-3584
Pat
1987
Walter L. Satterwhite, Jr. (Bud)
Dean Witter Reynolds, Inc.
4460 Corporation Lane
Virgima Beach, VA 23462
Work: 473-1304
Home: 481-1192
Fax: 473-1333
Joy
1992-1996 and 1996-2000
G. Elliott Schaubach, Jr.
American Waste Industry, Inc.
508 East Indian River Road
Norfolk, VA 23523
Work' 543-7110
Home: 481-7843
Fax: 543-7341
Carolyn
1992-1996 and 1996-2000
Rev. Michael M. Simone, D.Min.
Semor Pastor
Spring Branch Community Church
2624 Southern Blvd., Suite 201
Virgima Beach, vA 23452
Work. 463-7733
Home: 491-30()3
Fax. 463-1738
Gail
1997-20() 1
Louisa M. Strayhorn
4746 Kempsville Greens Parkway
V~rginia Beach, VA 23462
Work: 552-7348
Home: 474-6212
Fax 552-7396
1995 - 1999
-2-
Winship C. Tower
Kaufman and Canoles
P.O. Box 626
Virginia Beach, VA 2345
Work: 491-4032
Home: 422-2955
Fax: 491-4020
Guy
1990-1994 and 1994-1998
John S. Tymoff
Tymoff + Moss, Architects
503 Botetourt Street
Norfolk, VA 23510
Work: 627-0013
Home: 491-8877
Fax: 627-0327
1992-1996 and 1996-2000
A. W. VanderMeer, Jr. (Van)
Clark & Stant, P.C.
One Columbus Center
Virginia Beach, VA 23462
Work: 473-5378
Home: 428-5647
Fax: 473-0395
1996-2000
BOARD OF TRUSTEES 1997-98
CAPE HENRY COLLEGIATE SCHOOL
Jennette F. Whitehurst (Jane)
401 College Place, Apt. 26
Norfolk, VA 23510
Home: 625-5450
Fax: 625-0451
Bill
1992-1996 and 1996-2000
Dr. Annie L. Williams-Loving
Contemporary OB-GYN Associates, Ltd.
935 Redgate Ave., Suite 3
Norfolk, VA 23507
Work: 627-5116
Home: 482-2921
Fax: 627-0306
Ronald
1997-2(~}1
Jody M. Wagner
Kaufman & Canoles
P.O. Box 3037
Norfolk, VA 23514
Work: 624-3294
Home: 491-8877
Fax: 624-3169
1988-1992, 1992-1996, and 1996-2000
Stephen Wainger (Steve)
Huff, Poole & Mahoney P.C.
4705 Columbus Street, Suite 100
Virginia Beach, VA 23462-6749
Work: 499-1841
Home: 423-8825
Fax: 552-6016
Liza
1990-1994 and 1994-1998
BOARD OF TRUSTEES 1997-98
CAPE HENRY COLLEGIATE SCHOOL
Donita A. Aruny--Ex Officio
President, Parent/Faculty Association
3186 Adam Keeling Road
Virginia Beach, VA 23454
Home: 481-6787
John
1997-98
Kevin A. DiBona--Ex Officio
President, Alumni Association Board of Directors
Class of '85
828 Cardinal Road
Virginia Beach, VA 23454
Work: 497-2113
Home: 491-5585
Fax: 497-1338
Melissa
1996-98 (two year term on the Alumni Board)
S. Becket Levy--Ex Officio
President, Student Council Association
Class of '98, Upper School
Cape Henry Collegiate School
1320 Mill Dam Road
Virginia Beach, VA 23454
School: 481-2446
Home: 496-7372
1997-98
-4-
VIRGINIA
B , CH
Development Authority
One Columbus Center, Suite 300
Virginia Beach, VA 23462
(804) 499-4567
FAX (804) 499-9894
Kenneth F. Palmer, Chairman
Robin D Ray, V~ce-Cha:rman'
F. Dudiey Fulton, Treasurer
W Brantley Basmght III, Secretary
Kenneth D. Barefoot
David A Krug, Jr.
Thomas J Lyons, Jr
EXHIBIT E
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
$4,500,000 VARIABLE RATED DEMAND
INDUSTRIAL DEVELOPMENT REVENUE AND REFUNDING BONDS
(CAPE HENRY COLLEGIATE SCHOOL, INC. PROJECT)
SERIES 1997
The Authority recommends approval of this financing. The proceeds of the Bonds to be issued
will be used to assist the Borrower in refinancing the outstanding principal balance of the
$2,500,000 Industrial Development Revenue and Refunding Bond issued by the Authority in 1992
for the benefit of Cape Henry Collegiate School, Inc. (the "Applicant"), and approximately
$2,100,000 of new capital investment to expand the Applicant's auditorium and construct and
equip a new fine arts center. The educational and cultural benefits to the City of Virginia Beach
and its citizens along with the capital investment, construction payroll, and creation and re tainage
of jobs constitutes the basis for this recommendation. The refinancing and the additional financing
will enhance the educational opportunities at an independent school within the City and assist the
City in attracting and retaining business and industry.
EXHIBIT
FISCAL IMPACT STATEMENT
DATE
TO
THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAMe:
TYPE OF FACILITY
Cape Henry Collegiate School- Auditorium and Ftno Arts Center
Expansion
· Indo_pmnclonl' .qrhonl
1. Maximum amount of financing sought
$ 4,500,000.00
Estimated taxable value of the facility's
real property to be constructed in the
municipality
Estimated real property tax per year
using present tax rates
Estimated personal property tax per
year using present tax rates
Estimated merchant's capital(business
license) tax per year using present
tax rates
Estimated dollar value per year of goods
and services that will be purchased
locally
3,200,000.00
Estimated number of regular employees
on year round basis
130
8 Average annual salary per employee
$ 28,000.00
The information contained in this Statement is based solely on facts and estimates
provided by the Applicant, and the Authority has made no independent investigation wltb/'respect
thereto
City of V~~zment/~
By / / //. .g'~ ~ / ~/~/.~,/~-
V i c e Cha°(~n~n6/- - r~/ ~ - ~ ~-
EXHIBIT G
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME:
CAPI~ HENRY COLLEGIATE SCHOOL. INC.. SERIES 1997
2. LOCATION:
1320 Mill Dam Road. Virginia B~ach. VA ~3454
DESCRIPTION OF PROJECT:
To ildd appromately 22.000 sq. fl. to existing
au&tolaum, three art classrooms, dance studio, music
practice areas and drama oract~ce area.
4. AMOUNT OF BOND ISSUE:
$4.500,000.00
5 PRINCIPALS'
o
ZONING CLASSIFICATION:
a. Presdent zoning classification
of the Property
b. Is rezomng proposed~
c. If so, to what zoning
classification?
Yes
Cape Henry_ Collegiate School. Inc ·
Darnel P. Richardson - President
Michael Mulkev - Treasurer
Non-profit school
No
X
N/A
G \USERS~IHUNT~WP\WORK~EXHIBIT G
Ferebee ~,
NMrOWSl
NORTH
TON
i
BelchBAY CLIP P
Ooy$' ~
,NOn
LAKE CONR~
LINKHORN I
COVE~
SEASHORE ~, 'STATE
' ,, '~( .*T~).,~
'":' t '(t',
ALANTON
,
,%
Prlnce~s Ar
Mom Pk
Lbke
First Colonbl
HS
Col'~
CH
Po:nc
B~rd N~ck Pt
I
NORTH
Cavahol GC
Yacht Club
)RO
WASHINGTON
O' PIIINC~ MIC~AIL
Shop
¢iol OIh
Cape Henry Collegiate School,
$4,500,000 Tax Exempt Bonds
Inc.
Da-1363
~051 C!
- 24 -
Item VoI.$.
RESOLUTIONS
ITEM # 42707
Upon motton by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Resolution to appoint Ehzabeth E. Fox to the position of Assistant City
Attorney, effective 16 October 1997.
Voting: 9-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera
E. Oberndorf Nancy K. Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay'
None
Council Members Absent:
Harold Heischober and Louisa M. Strayhorn
October 14, 1997
A RESOLUTION APPOINTING
ELIZABETH E. FOX TO THE
POSITION OF ASSISTANT CITY
ATTORNEY
10
11
12
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to § 2-166 of the Code of the City of
Virginia Beach, Virginia, Elizabeth E. Fox is hereby appointed to
the position of Assistant City Attorney, effective October 16,
1997.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the
14 day of October , 1997.
13
14
15
16
17
18
19
20
CA-6809
ORD IN\NONCODE \ FOX. RES
R-1
PREPARED: 10 / 07 / 97
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
~ity Attorney
- 25 -
Item I/-J. 1.
ORDINANCES
ITEM # 42708
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED.
Ordinance to APPROPRIATE $992,635 from the Sheriff's Department
Special Revenue Fund Balance to their FY 1997-1998 Operating Budget
re study of Correctional Center's future needs; salary increases for
certain State positions; equipment purchases; and, enhancement of the
tax-deferred Supplemental Retirement System for Department employees.
Voting: 9-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, IlL Wdham W Harrison, Jr.,
Barbara M. Henley, Louis R Jones, Reba S McClanan, Mayor Meyera
E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr.
Council Members Voting Nay.
None
Council Members Absent:
Harold Heischober ahd Louisa M. Strayhorn
October 14, 1997
1
2
3
4
5
6
7
8
9
10
AN ORDINANCE TO APPROPRIATE $992,635 IN
ADDITIONAL REVENUES FROM THE SHERIFF'S
DEPARTMENT SPECIAL REVENUE FUND BALANCE TO
THE SHERIFF'S FY 1997-98 OPERATING BUDGET TO
STUDY THE FUTURE NEEDS OF THE CORRECTIONAL
CENTER, INCREASE SALARIES FOR CERTAIN STATE
POSITIONS, PURCHASE VARIOUS EQUIPMENT AND
ENHANCE THE TAX DEFERRED SUPPLEMENTAL
RETIREMENT SYSTEM FOR EMPLOYEES OF THE
SHERIFF'S DEPARTMENT
11
12
WHEREAS, the ending fund balance for FY 1996-97 in the
Sheriff's Department Special Revenue Fund is $1,436,957; and
13
14
15
16
17
18
WHEREAS, the Sheriff's Department desires to retain
$444,322 in fund balance and to use the remaining $992,635 to
study of the future needs of the Correctional Center, increase
salaries for certain State positions, purchase various equipment,
and contribute an additional amount to the Sheriff's Department
Supplemental Retirement Fund for Correctional Center employees;
19
20
21
22
23
24
25
26
27
28
29
30
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. That $50,000 be appropriated from fund balance in
the Sheriff's Department Special Revenue Fund to CIP Project
#3-443 Correctional Center Needs Study for a study to evaluate
the future needs of the Correctional Center.
2. That $942,635 in excess revenues be appropriated
from fund balance in the Sheriff's Department Special Revenue
Fund to the Sheriff's Department FY 1997-98 Operating Budget to
increase salaries for certain State positions, purchase various
equipment, and contribute an additional amount to the Sheriff's
Department Supplemental Retirement Fund.
31
32
Adopted by the Council of the City of Virginia Beach,
Fourteenth October
Virginia, on the of , 1997.
proved as t,~C~ent ~
A~fpro~d as to Legal
Sufficiency
- 26-
Item V-J.2.
ORDINANCES
ITEM # 42709
Upon motton by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to amend the Capital Budget by establishing CIP Project #9-
303, Norfolk-Southern Right-of-way Acquisition; APPROPRIATE
$255,000 from the Tourism Growth Investment Fund (TGIF) balance,
and, TRANSFER $35,898from an available balance of previously closed
Project #2-039, Dam Neck Road - Phase I, for this acquisition.
Voting: 9-0 (By ConsenO
Council Members Voting Aye.
John A. Baum, Linwood O. Branch, III, William IV. Harrtson, Jr.,
Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera
E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober attd Louisa M. Strayhorn
October 14, 1997
AN ORDINANCE TO AMEND THE CAPITAL BUDGET BY
ESTABLISHING CIP PROJECT #9-303 NORFOLK-SOUTHERN
RIGHT-OF-WAY ACQUISITION AND TO APPROPRIATE $255,000
FROM THE TOURISM GROWTH INVESTMENT FUND -
FUND BALANCE AND TRANSFER $35,898 FROM AN AVAILABLE BALANCE
OF PREVIOUSLY CLOSED OUT PROJECT #2-039 DAM NECK ROAD - PHASE I
TO CIP PROJECT #9-303 NORFOLK-SOUTHERN RIGHT-OF-WAY ACQUISITION
WHEREAS, the City has been negotiating with Norfolk-Southern Railroad for the
purchase of the underlying fee at 19th Street in order to market the former Dome site; and
10
11
12
WHEREAS, during these negotiations, Norfolk-Southern Railroad offered to donate
the underlying fee at 19th Street, contingent upon the City purchasing sixty-six feet of right-
of-way from Birdneck Road to Baltic Avenue, adjacent to Norfolk Avenue; and
13
14
WHEREAS, it has been determined to be in the best interest of the City to acquire
this property; and
15
16
17
WHEREAS, the agreed upon purchase price of this right-of-way is $255,000 with an
additional $35,897.44 needed for construction of cul-de-sac's at the South Fir and Budding
Avenue crossings to ensure adequate turn around space for large vehicles; and
18
19
20
WHEREAS, $255,000 is presently available to appropriate from the Tourism Growth
Investment Fund - Fund Balance and $35,898 is available to transfer from an available
balance of previously closed out project #2-039 Dam Neck Road - Phase I;
21
22
23
24
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that the Capital Budget be amended by establishing CIP Project #9-303
Norfolk-Southern Right-of-Way Acquisition as a project in the Capital Improvement
Program;
25
26
27
28
29
3O
31
BE IT FURTHER ORDAINED that funds in the amount of $255,000 be
appropriated from the Tourism Growth Investment Fund - Fund Balance and $35,898 be
transferred from an available balance of previously closed out project #2-039 Dam Neck
Road - Phase I to CIP Project #9-303 Norfolk-Southern Right-of-Way Acquisition for the
purchase of sixty-six feet of right-of-way from Birdneck Road to Baltic Avenue, adjacent to
Norfolk Avenue and constructing cul-de-sac's at South Fir and Budding Avenue crossings to
ensure adequate turn around space for large vehicles;
32
This ordinance shall be in effect from the date of its adoption.
33
APPROVED AS 'ir 0 ~
I.,'-.GAL SUFFICIENC'," ~
Adopted the 14 day of October , 1997, by the Council of the City of
Virginia l:to~,-h vi,-oinia.
APPROVED AS TO CONTENT_
C. Kraemer, Jr., Depart~f Management Services
Ii
%~i
~ 0
b
I~
~ $
0
Iingm,peel
r Red fa~m~e
at Une I.:
(703) 981-4809
/
NORFOIJ~
80UTH~RN
October 24, 1994
File: Virginia Beach, Virginia - City of Virginia Beech
Mr. James C. Lawson
City of Virginia Beach
Department of Public Works
Office of Real Estate
Virginia Beach, VA 23456-9030
I.R
My I
Phm
Dear Mr. Lawson:
ttatives of the
l/bicycle trail
·
ay for the
)andonment
I was also
itvveen Pacific
rave advised
=kage to
).
amiable
ay east of
of $256,000.
lng of the
ear to be
the City.
lance'
leneral public.
This letter refers to the meeting of September lath between represe
City and our company regarding the City's desire to establish a hiki~
along our right of way east of Birdneck Road.
As you will recall, it was proposed during the meeting that the City
cost of extending the Vulcan siding at Oldfleld in exchange for our
and donation of the right of way east of Blrdneck Road. This propo.t
contingent upon the City acquiring the land underlying 19th Street L
and Arctic Avenues for a consideration of $200,000. Our englnee,
the estimated cost to extend the Vulcan siding to provide enough t~
permit abandonment of the tracks east of Birdneck Road Is
In an effort to bring the hiking/bicycle trail and 19th Street matter te
conclusion, we are willing to consider a conveyance of the right of
Brldneck Road and the property beneath 19th Street for a total prlc;
As additional consideration, we request the City's support In the cl(,~
crossings at Fir, Budding and Kentucky Avenues. These crossing
traveled Infrequently and thus should not affect the traffic patterns
Unnecessary crossings obviously cause us to incur additional malnti
expense as well as create safety risks not only to us but also to the
is proposal.
Plea~ let me hear from you at your earliest convenience regarding t
Sincerely,
Uoyd R. Clingenpeel
'les. Inc
Operating Sub$1dla,es Norfolk Soulhern Railway Company I North American Var~
Inter-Office
Correspondence
November 18, 1994
TO ~
James K. Spore
C. Oral Lambert, Jr.
DEPT~ Executive
FROMs Ralph A. Smith DEPTs
Public Works
BURJRCTs 19th Street - Norfolk Southern Railroad
Underlying Fee - Norfolk Avenue/Birdneck Road Bikeway
For several months, the Real Estate Office has been attempting to
negotiate a settlement with Norfolk Southern Railway concerning
their underlying fee ownership in 19th Street. You will recall the
railroad wanted $800,000 to release their ownership claims, and we
felt the value was somewhere between SSO,000 and $100,000.
While our negotiations were proceeding, Councilmember Parker had
contacted Landscape Services and Parks and Recreation about putting
in a bikeway and beautifying the Norfolk Avenue/Birdneck Road
intersection, possibly utilizing a portion of the railroad right of
way adjacent to Norfolk Avenue. Negotiations with the railroad
began on this matter.
The railroad subsequently contacted Jim Lawson and arranged a
meeting on site at Norfolk Avenue and Birdneck Road. Mr. Lloyd
Clingenpeel advised att his meeting that the railroad no longer had
any use for their 66-foot right of way from Birdneck Road to the
oceanfront (Pacific Avenue). Mr. Clingenpeel further advised that
if the City would agree to pay for a rail car siding on the west
side of Birdneck Road, they would convey the entire 66-foot right
of way to the City. Mr. Clingenpeel further stated that Norfolk
So~thern would sell 19th Street to the City as part of this issue.
The railroad wants $255,000 from the City for the 19th Street fee
a~ the new siding, and will convey the 66-foot right of way to us.
As par~ of the VDOT Btrdneck Road project, a new crossing was to be
constructed. The cost of that crossing will be approximately
$145,000. This amount could be saved if the crossing was not
built.
James K. Spore
C. Oral Lambert, Jr.
November 18, 1994
Page Two
The estimated value of the railroad right of way is $260,924 based
on a value of $0.66 per square foot. This represents a reduced fee
value of $2 per square foot. There is approximately 395,340 square
feet, or 9~ acres of right of way the railroad owns.
Based on the above, we would recommend that we accept ~he
railroad t s proposal.
The railroad wishes to also enlist our support for closing of
several crossings along the Bonney Road corridor. These will have
to be evaluated but should not be included as part of this
settlement proposal.
Jim Lawson is prepared to discuss this with you further and is
available to brief Council in Executive Session should you feel
necessary.
Ralph
Department of Public ~orks
Office of Real Estate.
Municipal Center
V'mgiah Beach, VA 23456-90]0
(804) 427-4161
FAX (804) 426-~668
December 14, 1994
Nr. Lloyd R. Cltngenpeel
Hanager Real Estate
Real Estate and Contract Service
Nor£olk Southern Corporation
110 Franklin Street SE
Roanoke, Virginia 24042-00S
Dear Mr. Clingenpeel:
This is in reply to your letter to me dated October 24, 1994,
concerning ~he Railroad's proposal for ~he City to pay $255,000,
for ~he underlying fee of 19~h Street and to pay to build a new
siding west of Btrdneck Road. Zn exchange for ~he above, ~he
Railroad would convey Co ~he City ~he 66-foot right of way ~hat
~hey currently own ad~acent Co Norfolk Avenue which Funs from
Bt~lneck Road Co almost Pacific Avenue (approximately 6200 feet).
Z met wt~h ~he City Council on December 13, 1994, and am pleased to
in£o~m you ~haC ~hey are in agFeenent wi~h your proposal. As you
are aware, we are ve~ anxious to clear up ~he 19~h Street issue,
and would be pleased to take ownership of ~he abandoned right of
way should Norfolk Southern decide to convey same to ~he City.
Z£ you would like Co prepare documents concerning this proposal and
forward them to me for review by our City Attorney, I will
coordinate that review, or if you prefer, I will prepare the
documents and forward for your review. Please let me know which
suits you best.
Z want to than~ you for the cooperation that you have shown to me
in this matter, and thank you fort he innovative proposal put forth
by the Railroad.
Sincerely,
James C. Lawson
City Real Estate Agent
Jcl
Dk'll~r~ OF DONATION
.19.~.~~ and between
NORFOI~ SO~ RAILWAY COMP~, a ~'miinia corporation (hm-~im_emr called
Donor), m~d the CITY OF VIR~ BEAOt, V'~ 0tmzingter ~dled Donee);
WlTNES SETH:
33mt Donor herein, for nd in considermton ofthe public good end in order to promote
the pub~o ~ of.~ ~ of the Commonwealth of V'~ Donor does hereby donate
anc~ quitclaim unto Donee, its successors &ad assigm, the follows descrfoed premises, located in
the c~ of'v'~ Beech, 3r~ to ~:
All th~ piece or pm~ of'hud simm, ~ nd beinS in me ci~ of
V'~ aemtt, V'~ hid pm~ being th~ poflion ofthe
Nor~ik Somtmra RaawaF Comp~s proi~ny (formerly Southern
ltaii~ Comlink) lying between Block 32 and Block 40 in ~dd .
C~, t~ fhnh~ identified o] thu portion of lPta Street lying
betwoen Pacifin Av~u~ ~l Arctio Av~u~, with said parcel being
BEGINNINO at a point on tho ustefly fisht ofway line of Arctic
Avemo at tho norg~smty mr~r of'Block 33, and ~rom said
point proceed thence North 13' $0' 45' West with said easterly line
of Arctic Avenuo for a distence of 80.00 b~t m the soutln~es~efly
miner o~Bl~ 40; thence, North 76° 09* 15" Fast with the
southerly lino' of Block 40 For s distance of S00.00 fl~et to tho
westedy nne ofl,~o Avenu~ ma, m, South 13' 5(~ 4s' hst with
tho westerly line ofP~ifi~ Avenuo for t dJstence orS0.00 f'e~ to
tho northeasterly comer of Block 33; thence, South 76° 09* IS'
West with tho northerly line of.Block 33 for a dLqtznce of'500.00
fi~et to · point on tho esat~y lbo of'Arctio Ave, nm, said point
beb~ tho POINT OF BERG, with said pam, d of'lend
conminin~ 0.918 oF an m:ru, more or less, and beins as shown on a
Plat of.Survuy conducted by Waid Kidd,
Street to bo A~ by tho City of'V'u~h Beach ~rom Southern
Rm'l~ Company', dated Malr. h 13, 1995, attached beruto end
madoa part
· ·
remictiom, re~m~on~ licem~ or eeeem~ whether or not o~'record.
WITNHSS tim following signetures end se~d the day end year first above written. ,
L. S. AITEST: NORPOLK SOU'I'~ RAILWAY CO1VI~~
By
Attom~ ~t Lm~
Norfolk $outha'n Corpomion
Suit~ 1702, 600 West P~ St.,
Oeor
11..27..95
10018:~0.don
-.2-
· I'ATB OP GEOI~GIA
COUN'I~ OP FULTON
B~m~ m~, a Notmy Public in and for th~ mid Cotmty, pmomlly N~pmmi
~ md ~ known to mo to be tho'pmom
who,. Real Emte Man~a' ~nd Kuimnt Seam~, respectively, ofNORFOLK SOUlWn~
RAILWAY COMPS, the coqmration which ~ th~ ~ immunes, ~n~d th~
mn~ mi MmowlMsM to m~ tim th~ did so sign Md ~nunm in th~ nm~ mi upon bdmlf
IN 'I'LVlIMONY ~t~ltBOF, I l~ ~ sg~g[~l my ~ ~ad ~ my
-3-
-27-
Item VoJ.$.
ORDINANCES
ITEM # 42710
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Counctl ADOPTED
Ordinance to APPROPRIATE $78,000 from Tennis Pro Fees to the
Parks and Recreation Special Revenue Fund re cost of services provtded
by the Tennis Professional at the Owl Creek Municipal Tennis Center.
Voting: 9-0 (By ConsenO
Council Members Voting Aye:
John .4. Baum, Linwood O. Branch, III, William W. Harrison, Jr,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera
E. Oberndor~, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Louisa M. Strayhorn
October 14, 1997
AN ORDINANCE APPROPRIATING $78,000 TO THE
PARKS AND RECREATION SPECIAL REVENUE FUND FOR
THE COST OF SERVICES PROVIDED BY THE TENNIS
PROFESSIONAL AT THE OWL CREEK MUNICIPAL TENNIS
CENTER
WHEREAS, under the agreement that existed between the
7 City and the Owl Creek Tennis Professional at the time of adoption
8 of the FY 1997-98 Operating Budget, the Tennis Professional
9 collected 100% of the proceeds from tennis lessons provided, and
10 remitted 15% of the proceeds to the City;
11
WHEREAS, to improve internal accounting controls, the
12 agreement was recently changed so that the City will collect 100%
13 of the proceeds and pay 85% of the proceeds to the Tennis
14 Professional on a monthly basis;
15
WHEREAS, the FY 1997-98 Operating Budget for Owl Creek
16 Municipal Tennis Center was developed based on the old agreement
17 which included estimated revenues at $15,000 to reflect the 15%
18 proceeds remitted to the City, but did not include an appropriation
19 to cover the cost of services provided by the Tennis Professional;
20 and
21
WHEREAS, to be consistent with the current agreement, the
22 FY 1997-98 Operating Budget for Owl Creek Municipal Tennis Center
23 needs to be amended to include total estimated revenues and
24 appropriations for services provided by the Tennis Professional.
25
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
26 OF VIRGINIA BEACH, VIRGINIA:
27
1. That funds in the amount of $78,000 are hereby
28 appropriated to the Parks and Recreation Special Revenue Fund for
29 the Owl Creek Municipal Tennis Center's FY 1997-98 Operating Budget
30 to fund the services provided by the Tennis Professional; and
31
2. That estimated revenues from Tennis Pro Fees are
32 hereby increased by $78,000.
33
Adopted by the Council of the City of Virginia Beach,
34 Virginia, on the 14 day of October , 1997.
35
36
37
38
CA-6801
ORDIN\NONCODE\TENNIS. ORD
R-1
PREPARED: 10/06/97
39
APPROVED AS TO CONTENT
40
41
Management Se~ces
42
43
44
45
APPROVED AS TO LEGAL
SUFFICIENCY
- 28 -
Item V-J. 4.
ORDINANCES
ITEM # 42711
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to APPROPRIATE $25,945 from the Parks and Recreation
Gift Fund Balance to the FY 1997-1998 Parks and Recreation Operating
Budget for supplies, materials, special events and other related needs.
Voting: 9-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W Harrison, Jr,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera
E. Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessoms, Jr
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Louisa M. Strayhorn
October 14, 1997
AN ORDINANCE APPROPRIATING $25,945
FROM THE PARKS AND RECREATION GIFT
FUND FUND BALANCE TO THE FY 1997-98
PARKS AND RECREATION OPERATING BUDGET
IN ACCORDANCE WITH THE TERMS OF THE
RELATED TRUST AGREEMENTS
WHEREAS, the Parks and Recreation Gift Fund annually
8 receives cash donations from citizens for designated and
9 undesignated purposes related to Parks and Recreation programs and
10 activities;
11
WHEREAS, donors are required to sign Trust Agreements to
12 designate the specific purpose, if any, for which they want their
13 donations used; and
14
WHEREAS, the City wishes to use designated and
15 undesignated donations in the amount of $25,945 currently in the
16 Gift Fund fund balance for recreation supplies, construction
17 materials and supplies, specific events, and other unspecified
18 Parks and Recreation-related purposes.
19
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
20 OF VIRGINIA BEACH, VIRGINIA:
21
That funds in the amount of $25,945 are hereby
22 appropriated from the Parks and Recreation Gift Fund fund balance
23 to the Parks and Recreation FY 1997-98 Operating Budget in
24 accordance with the terms of the related Trust Agreements to fund
25 recreation supplies, construction materials and supplies, specific
26 events, and other unspecified Parks and Recreation-related
27 purposes.
28 Adopted by the Council of the City of Virginia Beach,
29
Virginia, on the 14 day of October , 1997.
30
31
32
33
CA-6805
ORDIN\NONCODE \ TRUST. ORD
R-1
PREPARED: 10/06/97
34
35
36
APPROVED AS TO CONTENT
~a~agem~nt Ser~s
37
38
39
4O
APPROVED AS TO LEGAL
SUFFICIENCY
Department
APPROPRIATIONS TO 1997- 1998
SPECIAL EVENTS: $ 5,928.00
Family Friday/New Orleans Night
Family Friday/Fiesta Night
Family Friday/Country Night
· Pow Wow
Teddy Bear Picnic
Beach Night
· Princess Anne Park Arts & Crafts Festival
PARKS: $ 20,017.00
· Kids Cove
Staff supplies to maintain facilities
- 29 -
Item V-J.$.
ORDINANCES
ITEM # 42712
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED'
Ordinance to authorize Tax Refunds in the amount of $25,932.28
Voting: 9-0 (By ConsenO
Counctl Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr.,
Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera
E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
HaroM Heischober ahd Louisa M. Strayhorn
October 14, 1997
ORM NO C A. ?
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
Tax Type T,cket Exonera- Date Penalty Int.
NAME Year of Tax Number tion No. Pasd
Total
Gary Builders Inc.
Gary Builders Inc.
Gary Builders Inc.
Gary Builders Inc.
Gary Builders Inc.
Gary Builders Inc.
Dragas Associates III LC
Dragas Associates III LC
Iglesia, Norman & Flordeliza
Iglesia, Norman & Flordeliza
Sizemore, Mildred
Buckner, Shirley A.
McDuffie, Lee O.
Druzgala, Timothy
K1 eiman, Lisa
Kleiman, Lisa
Calilung, Rommel & Dorotea
Life Savings Bank, FSB
Lake Wesley Associates
96(1/2) RE 96-043091-5 12/05/95
96(2/2) RE 96-043091-5 06/05/96
95(1/2) RE 95-042150-6 12/05/94
95(2/2) RE 95-042150-6 06/05/95
97(1/2) RE 97-043590-0 12/05/96
97(2/2) RE 97-043590-0 06/05/97
97(1/2) RE 97-033272-6 12/05/96
97(2/2) RE 97-033272-6 06/05/97
97(1/2) RE 97-059023-3 12/05/96
97(2/2) RE 97-059023-3 05/22/97
97(2/2) RE 97-111822-5 12/04/96
97(2/2) RE 97-015799-7 06/05/97
97(2/2) RE 97-079138-3 08/26/97
97(2/2) RE 97-033634-9 06/03/97
95(1/2) RE 95-064545-4 04/25/97
95(2/2) RE 95-064545-4 04/25/97
97(2/2) RE 97-017852-7 05/27/97
97(2/2) RE 97-072032-5 06/05/97
97(2/2) RE 97-068613-0 05/13/97
182.66
182.66
175.28
175.28
187.58
187.58
10883.51
10883.51
45.57
45.57
126.31
52.02
60.35
2516.25
28.1B
27.18
111.02
10.11
51.69
Total:
$25,932.28
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$2.5: 932.2R were approved by
the Council of the C~ty of Virginia
Beach on the 14 day of J3c-t.~bem.--1.997
Ruth Hodges Smith
City Clerk
John ~. At~'ns~)n,';/'l:r'c:[asurer
Approved as to form:
Les ~e-L ~lley, C~ty'~'ttorne~_.~_~,.,
- 30 -
Item V-K.
PUBLIC HEARING
ITEM # 42713
PLANNING
Mayor Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. BAITA DEVELOPMENT COMPANY, L.L. C.
MODIFICA TION IN THE
GRF~F~N RUN L4ND USE PL4N
2. ALLSAFE SELF STORAGE, L.L.C.
STREET CLOSURE
3. LADM ASSOCIATES, L.L.C.,
A VIRGINIA LIMITED LIABILITY COMPANY,
LENA SANCILIO AND CONTRA CTOR 'S PA VING
COMPANY, INC.
STREET CLOSURE
4. ASHER PROPERTIES, A VIRGINIA GENERAL PARTNERSHIP CONDITIONAL USE PERMIT
5. RALPH KNAPP
CONDITIONAL USE PERMIT
6. HALL TIDE WA TER, LTD. PARTNERSHIP
CONDITIONAL USE PERMIT
7. EAST COST BAPTIST CHURCH
CONDITIONAL USE PERMIT
8. CRAIG A. ROSENBERG
CONDITIONAL USE PERMIT
9. ROBERTL. NELSON AND BARBARA N. GRAY
CHANGE OF ZONING
AND
CONDITIONAL USE PERMIT
October 14, 1997
- 31 -
Item V-K.
PUBLIC HEARING
ITEM # 42714
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in one
motion Items 1, 2, 3, 4, 5, 6, 7 and 9 of the PLANNING BY CONSENT.
Item V-K. 1. was DEFERRED INDEFINITELY.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W Harrtson, Jr.,
Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera
E. Oberndorf Nancy K. Parker and Vice Mayor William D. Sessoms, Jr
Council Members Voting Nay:
None
Council Members Absent:
HaroM Heischober and Louisa M. Strayhorn
Vice Mayor Sessoms ABSTAINED on Items V-K 2 (Allsafe Self Storage, L L.C.) and V-K. 3. (LADM, Lena
Sancdio and Contractor's Paving Company, Inc ) as his bank does business with this.firm.
Mayor Oberndorf Council Members 'Henley and McClanan voted a VERBAL NAY on V-K. 3. (LADM,
Lena Sancilio and Contractor's Paving Company, Inc.)
October 14, 1997
- 32 -
Item V-K.I.
PUBLIC HEARING
ITEM # 42715
PLANNING
Correspondence from Attorney R Edward Bourdon requesting DEFERRAL until the City Council Session
of October 13, 1997, is hereby made a part of the record
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED
INDEFINITEL Ythe Ordinance upon Application of BAITA DEVELOPMENT COMPANY, LLC for a
Modification to the Green Run Land Use Plan.
ORDINANCE UPON APPLICATION OF BAITA DEVELOPMENT
COMPANY, LLC, FOR A MODIFICATION TO THE GREEN RUN
LAND USE PLAN
Ordinance upon application of Baita Development Company, LLC, for a
modification to the Green Run Land Plan on the south side of Buckner
Boulevard for the purpose of modifying the submitted site plan dated June
27, 1996 and developing the outparcel destgnated "future development
area" which is a portion of Parcel "H" Green Run PUD. Satd parcel
contains 7. 75 acres KEMPSVILLE BOROUGH.
Voting'
9-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Wtlliam W. Harrison, Jr.,
Barbara M. Henley, Louts R Jones, Reba S McClanan, Mayor Meyera
E Oberndorf Nancy K. Parker and Vice Mayor Wilham D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent'
Harold Heischober and Louisa M. Strayhorn
October 14, 1997
- 33 -
Item V-K. 2.
PUBLIC HEARING
ITEM # 42716
PLANNING
Upon motton by Vice Mayor Sessoms, seconded by Counctlman Branch, City Council AUTHORIZED
FINAL APPROVAL of the Ordinance in the Petition of ALLSAFE SELF STORAGE, L.L.C. for the
discontinuance, closure and abandonment of a portion of South Kentucky Avenue.
Application of Allsafe Self Storage, L.L. C ,for the disconttnuance, closure
and abandonment of a portion of South Kentucky Avenue beginning at the
eastern boundary of South Kentucky Avenue and running tn an easterly'
direction a distance of 44 18 feet. Said parcel contains 1,324.95 square
feet. KEMSPVILLE BOROUGH
Voting: 8-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera
E Oberndorfand Nancy K. Parker
Council Members Voting Nay:
None
Council Members Abstaining:
Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
Harold Heischober and Louisa M Strayhorn
Vice Mayor Sessoms ABSTAINED as hts bank does business with the applicant.
October 14, 1997
ORDINANCE NO:
IN TttE MATTER OF CLOSING, VACATING AND DISCONTINUING A
PORTION OF THAT CERTAIN STREET OF VARIABI F WIDTH, KNOWN AS SOUTH
KENTUCKY AVENUE, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED,
"RESUBDIVISION PLAT OF PORTION OF SOUTH KENTUCKY AVENUE..."
KEMPSVILI.F. BOROUGH, VIRGINIA BEACH, VIRGINIA.
WHEREAS, it appearing by affidavit that proper notice has been given by Allsafe Self
Storage, L.L.C., that it would make application to the Council of the City of Virginia Beach,
Virginia, on December 3, 1996, to have the hereafter described street discontinued, closed
and vacated; and
WHFREAS, it is the judgment of the Council that said street be discontinued, closed
and vacated;
NOW, THEREFORE,
BE 1T ORDAINED bythe Council ofthe City of Virginia Beach, Vir~,inia, that the
hereinaRer described street be discontinued, closed and vacated:
That portion of South Kentucky Avenue designated
as "Portion of South Kentucky Avenue hereby
closed (area = 1325 square feet or 0.0304 acre)" on
that certain plat entitled '~Resubdivision Plat of
portion of South Kentucky Avenue (closed). Lot
11, Block 3 as shown on Plat entitled 'Plan of
Property offered by G. W. Deal near Jacksondale'
(M.B.70, P.6) and Parcel A as shown on Plat
entitled 'Resubdivision of the remaining portion of
Lots 10 thru 19, inclusive, Block 2, Lots I thru 9,
inclusive, the remaining portion of Lots 10 and 11,
Lots 12 thru 20, inclusive, the remaining portion of
Lot 21, Block 3, and the adjacent 60' Humbolt
Avenue (closed) and a portion of South Kentucky
Avenue (closed), a pan of Deal No. 1 & Deal No.
2 for Deford l~imited' (Plat recorded in D.B. 2483,
P.214)", Kemp~e Borough, Virginia Beach,
Virginia dated June 30, 1997 which plat is to be
recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia upon
adoption of this ordinance, and is made a part
hereof by reference.
SECTION H
A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit
Court ofthe City of Vh~hh Beach, Virginia, and indexes in the name of the City of Virginia
Beach as Grantor.
Adopted: FINAL APPROVAL October 14, 1997
GPIN #: 1487-14-8000
APPROVED AS TO
LEGAL SUFFICIENCY
- 34 -
Item V-K.$.
PUBLIC HEARING
ITEM # 42717
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED subject
to compliance of conditions within 180 days (March 24, 1998) of the Application of LADM
ASSOCIATES, L.L. C., A Virginia Limited Liability Company, LENA SANCILIO and CONTRACTOR'S
PA VING COMPANY, INC. for the discontinuance, closure and abandonment ora portion of Avenue E:
Application of LADM Associates, L L C., a Virginia Limited Liability
Company, Lena Sancilio and Contractor 'S Paving Company, Inc., for the
discontinuance, closure and abandonment of a portion of Avenue E
beginning at a potnt 337 93feet south of Bonney Road and running in a
southerly direction a distance of 899. 85 feet to the northern boundary of
the Virgtnia Beach-Norfolk Expressway. Said parcel contains 30,094
square feet. L YNNHA VEN BOROUGH.
The following conchtions shall be reqmred.
The City Attorney's Office will make the final determtnation
regarding ownership of the underlying fee The purchase price
to be paid to the Ctty shall be determined accordtng to the
"Pohcy Regarding Purchase of City's Interest in Streets
Pursuant to Street Closures", approved by City Council. Coptes
of the policy are available tn the Planning Department.
The apphcant is required to resubdivide the property and
vacate internal lot lines to tncorporate the closed area tnto the
adjoining parcels. The plat must be submitted and approved for
recordation prtor to.final street closure approval.
The applicant is required to verify that no private utilities exist
within the rtght-of-way proposed for closure. Preliminary
comments from the utility companies indicate that there are no
prtvate uttltties within the right-of-way proposed for closure. If
private uttlities do exist, easements satisfactory to the utility
company, must be provided
.
Closure of the right-of-way shall be contingent upon
comphance with the above stated condttions within 180 days of
approval by Ctty Counctl (March 24, 1998).
October 14, 1997
- 35 -
Item V-K.3.
PUBLIC HEARING
ITEM # 42717 (Continued)
PLANNING
Voting: 5-3 (By ConsenO
Council Members Voting Aye:
John A Baum, Linwood O. Branch, III, William W. Harrison, Jr., Louis
R. Jones and Reba S. McClanan
Council Members Voting Nay:
Barbara M. Henley, Mayor Meyera E. Oberndorf and Nancy Ko Parker
Council Members Abstaimng.
Vtce Mayor Wilham D. Sessoms, Jr.
Council Members Absent:
Harold Heischober and Louisa M. Strayhorn
Vtce Mayor Sessoms ABSTAINED as hts bank does business with the applicant
* Verbal Nay ,
October 14, 1997
- 36-
Item V-K. 4.
PUBLIC HEARING
PLANNING
ITEM # 42 718
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon Applicatton of ASHER PROPER TIES, A VIRGINIA GENERAL PAR TNERSHIP, for
a Modification to a Conditional Use Permit (12 December 1998):
Application of ASHER PROPERTIES, A Virginia General Partnership,
for a Modfficatton to a Conditional Use Permit (12 December 1988)for
an automobile repair establishment (Grease Monkey Quick Lube) at 2841
Virginia Beach Boulevard (L YNNHA VEN BOROUGH).
The following conditions shall be required:
o
This application is approved for the reduction in site area from
38,474 square feet to 20,000 square feet No other alteration
to the existing development, with the exception of the
enlargement of the existing B.M.P., is approved.
.
Other conditions of approval imposed by City Council on
December 12, 1998, shall remain in effect on the 20,000
square-foot site.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W Harrison, Jr,
Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera
E. Oberndor~, Nancy K. Parker and Vice Mayor Wilham D. Sessoms, Jr
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Louisa M. Strayhorn
October 14, 1997
- 37-
Item V-K.$.
PUBLIC HEARING
ITEM # 42719
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon Application of RALPH KNAPP for a Conditional Use Permit
ORDINANCE UPON APPLICATION OF RALPH KNAPP FOR A
CONTRACTOR'S STORAGE YARD R010972138
BE IT HEREBY OP~AINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Ralph Knapp for a contractor's storage
yard on the east side of Central Drive on Lot 27C, London Bridge
Industrial Park II, Phase One. Said parcel contains 1.7 acres.
L YNNHA VEN BOROUGH.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Vtrginia, on the Fourteenth of October
Nineteen Hundred and Ninety-Seven.
The following conditions shah be required:
o
The site shah be developed in substantial conformance to the
site plan~landscape plan submitted August 20, 1997, inclu&ng
red-line revisions extending the wax myrtle hedge along the
western and northern boundaries of the bulk storage area, and
revising the number of wax myrtles to be planted from 58 to
123.
.
Structures on the property shall substantially conform with the
rendering entitled "OJfice Warehouse for ACTION PA VING
COMPANY, London Bridge Industrial Park II, Virigma Beach,
Virginia", as revised to depict a 6' high wood fence. The
depicted monument-style sign shall conform to the sign
regulations for the I-1 Light Industrial District.
~ting:
9-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera
E. Oberndorf Nancy K. Parker and Vice Mayor William D. Sessoms, Jr
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Louisa M. Strayhorn
October 14, 1997
- 38 -
Item V-K. 6.
PUBLIC HEARING
PLANNING
ITEM # 42720
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Counctl ADOPTED an
Ordinance upon Application of HALL TIDEWATER LTD. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF HALL TIDEWATER LTD
PAR~ERSHIP FOR A CONDITIONAL USE PERMIT FOR MOTOR
VEHICLE SALES AND SERVICES R 0109 7 213 9
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Hall Tidewater Ltd. Partnership for a
Conditional Use Permit for motor vehicle sales and service on the north
side of Virginia Beach Boulevard, 160feet west of Cranston Lane Satd
parcel is located at 3216 Virginia Beach Boulevard and contains 32,400
square feet. L YNNHA VEN BORO UGH
The following condition shall be required:
Development of the site shall substantially comply with the
rendertngs prepared by JSJ Construction entitled, "Hall Auto
Mall, Proposed Addition, Hall Used Cars", dated July 31,
1997. Colors and materials must match the existing structure.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of October
Nineteen Hundred and NinetF-Seven.
Voting:
9-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W Harrison, Jr.,
Barbara M Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera
E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Counctl Members Absent:
HaroM Heischober and Loutsa M. Strayhorn
October 14, 1997
- 39-
Item V-K. 7.
PUBLIC HEARING
ITEM # 42721
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon Application of EAST COAST BAPTIST CHURCH for a Conditional Use Permit.
ORDINANCE UPON APPLICATION OF EAST COAST BAPTIST
CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH
(EXPANSION) R010972139
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of East Coast Baptist Church for a
Conditional Use Permit for a church (expansion) on the west side of
Indian River Road, north of the intersection with Indian Lakes Boulevard.
Said parcel is located at 5149 In&an River Road and contains 3.4 acres.
KEMPS VIL L E BOROUGH.
The following conditions shall be required:
Io
A minimum ten-foot (I0') buffer with Category IV Landscape
screening shall be provided along the Northwest side of the
property.
.
Renovation shall substantially adhere to the rendering
presented by the applicant at the public hearing and on file
with the Planning Department.
3. Approval is only for the Phase 1 ad&tton.
Thts Ordinance shall be effective in accordance with Section 107 (.D of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth Of October
Nineteen Hundred and Ninety-Seven.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera
E. Oberndorf Nancy K. Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Louisa M. Strayhorn
October 14, 1997
- 40 -
Item V-K. 8.
PUBLIC HEARING
ITEM # 42722
PLANNING
Attorney Leslie Cox, 101 North Lynnhaven Road, Phone. 486-4650, represented the applicant and
presented a petition in SUPPORT of the application, which is hereby made a part of the record.
A motion was made by Council Lady McClanan, seconded by Council Lady Parker to DENY the
Ordinance upon application of CRAIG A. ROSENBERG for a Conditional Use Permit for automobile
repair and sales
Voting.
3-6 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye.
Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
John A. Baum, Linwood O. Branch, III, William tV. Harrison, Jr., Barbara M. Henley,
Louis R. Jones and Vice Mayor William D. Sessorns, Jr.
Councd Members Absent'
Harold Heischober ahd Louisa M. Strayhorn
October 14, 1997
- 41 -
Item V-K. 8.
PUBLIC HEARING
ITEM ii 42722 (Continued)
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED an
Ordinance upon application of CRAIG A. ROSENBERG for a Conditional Use Permit.
ORDINANCE UPON APPLICATION OF CRAIG A ROSENBERG FOR
A CONDITIONAL USE PERMIT FOR AUTOMOBILE REPAIR AND
SALES R010972140
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon apphcation of Craig A. Rosenbergfor a Conditional Use
Permit for automobtle repair and sales on the west side of South
Lynnhaven Road north of Ole Towne Lane. Said parcel is located at 851
South Lynnhaven Road and contatns 14,984.64 square feet. PRINCESS
ANNE BOROUGH
The following conditions shall be required:
No more than twelve (12) vehicles may be parked in the display
area at any time, and no more than eight (8) vehicles for repair
may be stored tn the enclosed area, while no more than six (6)
vehicles may be inside of the building. No vehicles for sale or
repair may be stored in any other area on the site.
2. No auto body work shall be done on the site.
o
All repair work shall be performed tnside of the building, with
the bay doors closed at all times except to enter or exit the
building. No outside storage of equipment or materials shall be
permitted.
o
Category I landscaping shall be installed along the North and
West property hnes and 350 feet beyond the street frontage
landscaping along the Eastern half of the South property line.
Addittonal display area, street frontage and foundation
landscaping shall be installed at a minimum as shown on the
site plan entitled, "Use permit for used cars, sales and service,"
dated July 21, 1997.
,
The existing chain link fence shall be removed. A new chain
linked fence shall be installed on the North property line where
needed to enclose the play area for the adjacent daycare center.
A wood fence shall be installed on the South and West sides of
the building as shown on the site plan.
6 No free-standing sign shall be permitted.
7. No outside paging system shall be permttted.
8. Outside hghting 'shall be directed only at the site.
October 14, 1997
- 42 -
Item V-K. 8.
PUBLIC HEARING
ITEM # 42722 (Continued)
PLANNING
This Ordinance shall be effective in accordance with Section 107 (.O of the Zoning Ordtnance
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of October
Nineteen Hundred and Ninety-Seven.
Voting: 7-2
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, II[, William W. Harrison, Jr,
Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf and
Vice Mayor Wilham D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan and Nancy K. Parker
Council Members Absent:
Harold Hetschober and Louisa M. Strayhorn
October 14, 1997
- 43 -
Item V-K. 9.
PUBLIC HEARING
ITEM # 42723
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Counctl ADOPTED
Ordinance upon applications of ROBERTL. NELSON and BARBARA N. GRA Yfor a Change of Zoning
and Conditional Use Permit:
ORDINANCE UPON APPLICATION OF ROBERT L. NELSON &
BARBARA N. GRAY FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM AG-2 TO CONDITIONAL B-2 ZO10971087
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Robert L Nelson & Barbara N Gray for
a Change of Zoning District Classification from AG-2 Agricultural
District to Con&tional B-2 Community Business District on the north side
of West Landing Road at its western extremity The proposed zoning
classification change to Conditional B-2 is for commercial land use. The
Comprehensive Plan recommends use of this parcel for agricultural use
in accordance with other Plan policies. Said parcel contains 6. 6 acres.
PRINCESS ANNE BOROUGH.
The following condition shall be required:
1. An Agreement encompassing proffers shall be recorded with the
Clerk of Circutt Court.
AND,
ORDINANCE UPON APPLICATION OF ROBERT L. NELSON &
BARBARA N. GRAY FOR A CONDITIONAL USE PERMIT FOR A
BOAT STORAGE YARD R010972141
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Robert L. Nelson & Barbara N Gray for
a Conditional Use Permit for a boat storage facility and commercial
marina on certain property located on the north side of West Landing
Road at its western extremtty. Satd parcel contains 6. 6 acres PRINCESS
ANNE BOROUGH.
October 14, 1997
- 44 -
Item V-K. 9.
PUBLIC HEARING
ITEM # 42723 (Continued)
PLANNING
The following conditions shah be required.
The proposed uses shah be developed in substantial
conformance with the site plan entitled "Proposed Boat Storage
Facility," prepared by Gallup Surveyors and Engineers and
dated May 15, 1997, except that:
The plan shall be revised as necessary to comply with
applicable requirements for landscape screening, parking lot
improvements, stormwater management and other development
requirements, unless necessary waivers and/or variances are
obtained Category VI landscape screening shall be provided
along the boundary of the boat storage yard paralleling the
West Landing Road frontage.
The plan shah be revised to accurately depict the location of
the 20' x 20' structure for the proposed retail store, currently
under construction.
c. An accessory picnic area shah be permitted in the Southwest
corner of the site.
2. Only operational boats shah be stored on-site. No boat repair
and maintenance activity is permitted.
.
Existing healthy mature trees shall be preserved, except that
seven (7) trees may be removed as depicted on a hand-
annotated copy of the above-referenced site plan, on .file with
the Department of Planning.
4. The wetlands located to the North and Northeast of the boat
storage yard shall remain undisturbed.
5. No personal watercraft or jet skis will be stored or launched
from this facility.
6. No more than .fifty (50) boats shall be stored on this site.
7. No oil or gasoline shah be sold.
These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
,4dopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of October
Nineteen Hundred and Ninety-Seven.
October 14, 1997
- 45 -
Item V-K. 9.
PUBLIC HEARING
ITEM # 42723 (Continued)
PLANNING
Voting:
9-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr,
Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera
E. Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Louisa M. Strayhorn
October 14, 1997
fORM k,~, p S lB
City of Virginia Reach
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-4473
DATE: September 25, 1997
TO:
FROM:
Leslie L. Lilley DEPT: City Attorney
William M. Mac. ali ~ DEPT: City Attorney
Conditional Zoning Application- Barbara N. Gray and Robert L. Nelson
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on October 14, 1997. I have reviewed the subject proffer agreement, dated June
12, 1997, and have determined it to be legally sufficient and in proper legal form. A copy of
the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
WMM/
Enclosure
BARBARA N. GRAY and ROBERT L. NELSON
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth
of Virg£nia
THIS AGREEMENT, made this 12th day of June, 1997, by and
between B~%RBARA N. GRAY and ROBERT L. NELSON, party of the first
part, GRANTORS, and the CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia, party of the second
part, GRANTEE.
WITNESSETH:
WHEREAS, the party of the first part is the owner of a certain
parcel of property located in the Princess Anne Borough of the City
of Virginia Beach, containing a total of approximately 6.6 acres
and described in Exhibit "A" attached hereto and incorporated
herein by this reference. Said parcel is referred to as the
"Property"; and
WHEREAS, the party of the first part has initiated a
conditional amendment to the Zoning Map of the City of Virginia
Beach, Virginia, by petition addressed to the GRANTEE so as to
change the Zoning Classification of the "Property" from AG-2 to
B-2; and
WHEREAS, the party of the first part has applied for a
Conditional Use Permit to operate a boat ramp, boat storage yard,
and dry goods shop; and
WHEREAS, the GRANTEE'S policy is to provide only for the
orderly development of land for various purposes through zoning and
other land development legislation; and
Prepare4 by~ Bohannon, Bohannon & Hancock, PC
5735 Poplar Hall Drive
Norfolk, VA 23502
WHEREAS, the GRANTORS acknowledge that the competing and
sometimes incompatible uses conflict and that in order to permit
differing uses on and in the area of the Property and at the same
time to recognize the effects of change, and the need for various
types of uses, certain reasonable conditions governing the use of
the Property for the protection of the community that are not
generally applicable to land similarly zoned are needed to cope
with the situation to which the GRANTORS' rezoning application
gives rise; and
WHEREAS, the GRANTORS have voluntarily proferred, in writing,
in advance of and prior to the public hearing before the GRANTEE,
as a part of the proposed amendment to the Zoning Map, in addition
to the regulations provided for the B-2 Zoning District by the
existing overall Zoning Ordinance, and their application for a
Conditional Use Permit, the following reasonable conditions related
to the physical development, operation, and use of the Property to
be adopted as a part of said amendment to the Zoning Map relative
and applicable to the Property, and the Conditional Use Permit,
which has a reasonable relation to the rezoning and the need for
which is generated by the rezoning.
NOW, THEREFORE, the GRANTORS, for themselves, their
successors, personal representatives, assigns, grantees, and other
successors in title or interest, voluntarily and without any
requirement by or exaction from the GRANTEE or its governing body
and without any element of compulsion or quid .pro quo for zoning,
rezoning, use permit, site plan, or building permit, hereby make
the following declaration of conditions and restrictions which
shall restrict and govern the physical development, operation,
and use of the Property and hereby covenant and agree that this
declaration shall constitute covenants running with the Property,
which shall be binding upon the Property and upon all parties and
persons claiming under or through the GRANTORS, their successors,
personal representatives, assigns, GRANTEE, and other successors
in interest or title and which will not be required of the
GRANTORS until the Property is developed:
1. When the Property is developed, it shall be developed
into no more than a boat ramp, pier, accessory picnic area, boat
storage yard, and four hundred square foot retail store. The
store to be developed on the property shall be for the indoor
sale of boating accessories and supplies, and convenience items
such as pre-packaged snack foods.
2. When the Property is developed, the GRANTORS shall not
put the Property to any use except for the normal use of the
facilities as described in Paragraph 1, above.
3. Further conditions may be required by the GRANTEE during
detailed Site Plan review and administration of applicable city
codes by all cognizant City agencies and departments to meet all
applicable city code requirements. Any reference hereinabove to
B-2 Zoning Districts and to the requirements and regulations
applicable thereto refer to the Zoning Ordinance and Subdivision
Ordinance of the City of Virginia Beach, Virginia, in force as of
the date of approval of this Agreement by City Council, which are
by this reference incorporated herein.
The above conditions, having been proferred by the GRANTORS
and allowed and accepted by the GRANTEE as part of the amendment to
the Zoning Ordinance, shall continue in full force and effect until
a subsequent amendment changes the zoning of the Property and
specifically repeals such conditions. Such conditions shall
continue despite a subsequent amendment to the Zoning Ordinance
even if the subsequent amendment is part of a comprehensive
implementation of a new or substantially revised Zoning Ordinance
until specifically repealed. The conditions, however, may be
repealed, amended, or varied by written instrument recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, and executed by the record owner of the Property at the
time of recordation of such instrument, provided that said
instrument is consented to by the GRANTEE in writing as evidenced
by a certified copy of an ordinance or a resolution adopted by the
governing body of the GRANTEE, after a public hearing before the
GRANTEE which was advertised pursuant to the provisions of Section
15.1-431 of the Code of Virginia, 1950, as amended. Said ordinance
or resolution shall be recorded along with said instrument as
conclusive evidence of such consent, and if not so recorded, said
instrument shall be void.
The GRANTORS covenant and agree that:
(1) The Zoning Administrator of the City of Virginia Beach,
Virginia, shall be vested with all necessary authority, on behalf
of the governing body of the City of Virginia Beach, Virginia, to
administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, that any
noncompliance with such conditions be remedied, and (b) to bring
legal action or suit to insure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages,
or other appropriate action, suit, or proceedings;
(2) The failure to meet all conditions and restrictions shall
constitute cause to deny the issuance of any of the required
building or occupancy permits as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator,
made pursuant to these provisions, the GRANTORS shall petition the
governing body for the review thereof prior to instituting
proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the
map the existence of conditions attaching to the zoning of the
Property, and the ordinances and the conditions may be made readily
available and accessible for public inspection in the office of the
Zoning Administrator and in the Planning Department, and they shall
be recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia, and indexed in the names of the
GRANTORS and the GRANTEE.
ALL THAT certain lot, piece or parcel of land with the improvements
thereon, and the appurtenances and riparian rights thereunto
appertaining, situate, lying and being in the City of Virginia
Beach, Virginia; being known, numbered and designated as "Olivia J.
Neilson, 6.6 Ac ±" and being shown upon that certain survey
entitled "Survey of Property OLIVIA J. NEILSON, Located in West
Neck, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VA." which said survey
is dated June 5, 1967, and made by W. B. Gallup, Surveyor, which
plat is duly of record in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, in Map Book 72, at page 37.
WITNESS the following signatures and seals:
GRANTORS:
~rmar. a N,: Gr,a,y
Robert L. Nelson
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before/me this
day of June, 1997 by BARBARA N. GRAY and ROBERT L. NELSON.
No%~ry Public
~y ¢o~iss~o. e×~res: ,.~l~/U~
- 46-
Item V-I~ L
APPOINTMENTS
ITEM # 42724
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
Thomas Y. Lawrence
RE VIE WAND ALLOCATION COMMITTEE (COIG)
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W Harrison, Jr.,
Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera
E. Oberndorf Nancy K. Parker and Vice Mayor William D Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Loutsa M. Strayhorn
October 14, 1997
-47-
Item V-L.2.
APPOINTMENTS
ITEM # 42725
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS.
BOARD OF BUILDING CODE APPEALS
HIS TORICAL RE VIE W BOARD
SENIOR SERVICES OF SOUTHEASTERN VIRGINIA
October 14, 1997
- 48-
Item V-N. 1.
NE W BUSINESS
ADD-ON
ITEM # 42726
Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council
ADDED TO THE AGENDA in COMPLIANCE WITH THE FEDERAL COURT ORDER:
Application of L YNNHA VEN UNITED METHODIST CHURCH for a
Conditional Use Permit for two (2) 135-foot monopole communicattons
towers on the South side of Little Neck Road (1033 Little Neck Road),
containing 3.44 acres
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0 Branch, IIL William W. Harrison, Jr,
Barbara M. Henley, Louts R. Jones, Reba S. McClanan, Mayor Meyera
E. Oberndo~ Nancy K. Parker and Vtce Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober ahd Louisa M. Strayhorn
October 14, 1997
- 49-
Item V-N. 2.
NE W BUSINESS
ITEM # 42727
ADD-ON
Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council
COMPLIED MTH THE FEDERAL COURT ORDER/ADOPTED the Ordinance upon application of
L YNNHA VEN UNITED METHODIST CHURCH for a Conditional Use Permit.
ORDINANCE UPON APPLICATION OF L YNNHAVEN UNITED
METHODIST CHURCH FOR A CONDITIONAL USE PERMIT FOR
TWO MONOPOLE COMMUNICATION TO WERS R 0109 72142
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE ClTT OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Lynnhaven United Methodist Church for
a Conditional Use Permit for two monopole communication towers on the
south side of Little Neck Road, east of Red Oak Road Said parcel ts
located at 1033 Little Neck Road and contains 3.44 acres. L YNNHA VEN
BOROUGH.
The following conditions shall be required:
The proposed towers and support buildings will be developed
in substantial conformance with the site plans, architectural
renderings and specific antennae designs submitted to the
Department of Planning.
,
The conditional use permit shall apply to those portions of the
site to be occupied by the monopoles and related support
facilities, as depicted on the submitted site plan.
3. The apphcant must provide for leased spaces for at least four
(4) wireless providers, at reasonable terms, when requested.
4. If the tower is no longer in use, it must be removed within one
(1) year, at the owner's expense.
5. If the U.S District Court's decision is reversed or modified,
approval of this application shall be null and void.
This Ordinance shall be effective in accordance with Section 107 (D of the Zoning Or&nance.
Adopted by the Councd of the City of Virginia Beach, Virgima, on the Fourteenth of October
Nineteen Hundred and Ninety-Seven.
Councilman Harrison read his statement into the record:
"On March Twenty-fifth we voted unanimously to DENY the application of the United Methodist Church.
Voted is the key word. We exercised the right bestowed upon us by the voters of the City of Virginia Beach
and made our decisions based upon the land use we as a body found to be in the best interests of the
Little Neck Peninsula and the City of Virignta Beach Today we are forced by Federal Court Order to vote
again. The difference this time is that our vote is not our free exercise of our discretion. We, in essence,
are being held hostage by the Federal Telecommunications Act -- and our vote is not a true expression
of how we all feel about this application. I know that all of you stand with me tn steadfast opposition to
this application. Accordingly, I reluctantly and with total disdain for the entire process, make the motion
to approve this application." '
October 14, 1997
- 50 -
Item V-N.2.
NE W BUSINESS
ADD-ON
ITEM # 42 72 7 (Continued)
Voting: 9-0
Council Members Voting Aye:
John .4. Baum, Linwood O. Branch, III, William W Harrison, Jr,
Barbara M Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera
E. Oberndor~, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Louisa M. Strayhorn
October 14, 1997
- 51 -
Item V-O.
ADJOURNMENT
ITEM # 42728
Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 3:10 P.M.
Chief Deputy City Clerk
City Clerk
Meyera E. Oberndorf
Mayor
City of Vtrginia Beach
Virginia
October 14, 1997
- 51 -
Item V-O.
ADJOURNMENT
ITEM # 42728
Mayor Oberndorf DECLARED the City Counctl Meettng ADJOURNED at 3 I0 P M
Beverly 0 Hooks, CMC/AME
Chief Deputy City Clerk
Ruth Hodges Smtth, CMC/AAE
City Clerk
Mayor
City of Vtrgtnta Beach
Vtrgtnta
October 14, 1997
CITY OF VIRGINIA BEA CH
SUMMARY OF COUNCIL ACTIONS
H
, E 0 S
H I M B T
A S C E S R
DATE: October 14, 1997 § R C H C R P E A
PAGE. I R R H E J L N A S Y
B A I O N O A D R S H
A N S B L N N O K O O
AGENDA U C O E E E A R E M R
ITEM # SUBJECT MOTION VOTE M H N R Y S N F R S N
,
i
I BRIEFINGS
A T C C I VA BEACH SCHOOLS Dr Timothy R
TECHNICAL CENTER Jenney School
Superintendent
Daniel J Ams
Chair Sch Brd
Dr Patrick M
Konopmcki Dir
Tech/Career Ed
VB Schools
Anthony L
Amold Dir
Facilities Ping/
Construction
VB Schools
DrET
Buchanan
Provost TCC
B AMPHITHEATER SOUND A Wmll)am Reid
ATTENUATION President
Cellar Door
,
II/1111 CERTIFICATION OF EXECUTIVE CERTIFIED 9-0 Y Y Y A Y Y Y Y Y Y A
IV/V/ SESSION
E
F MINUTES - October 7, 1997 APPROVED 9-0 Y Y Y A Y Y Y Y Y Y A
G AGENDA FOR FORMAL SESSION ADOPTED B Y C O N $ E N S U S
and
ADDED COURT 9-0 Y Y Y A Y Y Y Y Y Y A
ORDER RE
LYNNHAVEN
UNITED
METHODIST
CHURCH CUP
H/I/1 Resolutmon to support leg,slabon to ADOPTED 9-0 Y Y Y A Y Y Y Y Y Y A
designate Our Lady of Perpetual Help BY CONSENT
Health Center exempt from taxabon
2 Resolubon to approve issuance of ADOPTED 8-0 Y Y Y A Y Y Y Y Y A A
Development Authonty's Industrial BY CONSENT B
Revenue Bonds' S
T
CAPE HENRY COLLEGIATE
SCHOOL INC $4,500,000 I
N
E
D
3 Resolubon to appoint Ehzabeth E Fox ADOPTED 9-0 Y Y Y A Y Y Y Y Y Y A
as Assistant C~ty Atty effective 10/16/97 BY CONSENT
J/1 Ordinance to APPROPRIATE $992,635 ADOPTED 9-0 Y Y Y A Y Y Y Y Y Y A
re study of Correctional Center's future BY CONSENT
needs/salary increases/equ~pment/tax-
deferred Supplemental Retirement
System
2 Ordinance to amend Capital Budget/ ADOPTED 9-0 Y Y Y A Y Y Y Y Y Y A
estabhsh CIP Norfolk-Southem r-o-w BY CONSENT
Acqu~sltmon/APPROPRIATE $255,000
from TGIFrrRANSFER $35,898
,,
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
H
E 0 S
H I M B T
A S C E S R
DATE: October 14, 1997 B R C H C R P E A
PAGE: 2 R R H E J L N A S Y
B A I O N O A D R S H
A N S B L N N O K O O
AGENDA U C O E E E A R E M R
ITEM # SUBJECT MOTION VOTE M H N R Y S N F R S N
i
3 Ordinance to APPROPRIATE $78,000 m ADOPTED 9-0 Y Y Y A Y Y Y Y Y Y A
Tennis Pro at Owl Creek Munic~pal Tennis BY CONSENT
Center
4 Ordinance to APPROPRIATE $25,945 ADOPTED 9-0 Y Y Y A Y Y Y Y Y Y A
from Parks/Rec Gift Fund for supplies/ BY CONSENT
matenalslspecial events/other related
needs
5 Tax Refunds: $25,932 28 APPROVED 9-0 Y Y Y A Y Y Y Y Y Y A
BY CONSENT
K/1 BAITA DEVELOPMT CO Modification to DEFERRED 9-0 Y Y Y A Y Y Y Y Y Y A
Green Run Land Use Plan on Buckner INDEFINITELY
Boulevard/Independence Boulevard re BY CONSENT
modifying site plan dated June 961
developing outparcel Parcel 'H"
(KEMPSVILLE BOROUGH)
2 Ordinance in petition of ALLSAFE SELF AUTHORIZED 8-0 Y Y Y A Y Y Y Y Y A A
STORAGE for closure of portion of S FINAL B
Kentucky Ave (KEMPSVILLE BOROUGH) APPROVAL S
T
A
I
N
E
D
3 LADM ASSOCIATES/LENA SANCILIOI APPROVED/ 5-3 Y Y Y A Y Y N N N A A
CONTRACTOR'S PAVING CO for closure CONDITIONED B
of portion of Avenue E (LYNNHAVEN UPON S
BOROUGH) COMPLIANCE T
BY 03/24/98 A
BY CONSENT I
, ,,
4 ASHER PROPERTIES Modification to APPROVED/ 9-0 Y Y Y A Y Y Y Y Y Y A
CUP (12/12/88) auto repair (Grease CONDITIONED
Monkey Qu~ck Lube) at 2841 VA Beach BY CONSENT
Blvd (LYNNHAVEN BOROUGH)
5 RALPH KNAPP CUP. contractors storage APPROVED/ 9-0 Y Y Y A Y Y Y Y Y Y A
yard on Central Drive London Bridge CONDITIONED
Industrial Park II Ph One (LYNNHAVEN BY CONSENT
BOROUGH)
6 HALL TIDEWATER CUP. motor vehicle APPROVED/ 9-0 Y Y Y A Y Y Y Y Y Y A
sales/service at 3216 V~rginla Beach Blvd CONDITIONED
(LYNNHAVEN BOROUGH) BY CONSENT
7 EAST COAST BAPTIST CHURCH CUP APPROVED/ 9-0 Y Y Y A Y Y Y Y Y Y A
church (expansion) at 5149 Indian River CONDITIONED
Road (KEMPSVILLE BOROUGH) BY CONSENT
,
8 CRAIG A ROSENBERG CUP. auto APPROVED/ 7-2 Y Y Y A Y Y N Y N Y A
repair/sales at 851 South Lynnhaven Rd CONDITIONED
(PRINCESS ANNE BOROUGH)
9 ROBERT L NELSON/BARBARA N GRAY
on West Landing Road (PRINCESS
ANNE BOROUGH)
COZ from AG-2 to Conditional B-2 APPROVED AS 9-0 Y Y Y A Y Y Y Y Y Y A
PROFFERED/
BY CONSENT
CUP: boat storage/commercial marina APPROVED/ 9-0 Y Y Y A Y Y Y Y Y Y A
CONDITIONED
BY CONSENT
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
£ 0 S
H I M B T
A S C E S R
DATE: October 14, 1997 B R C H C R P E A
PAGE: 3 R R H E J L N A S Y
B A I O N O A D R S H
A N S B L N N O K O O
AGENDA U C O E E E A R E M R
ITEM # SUBJECT MOTION VOTE M H N R Y S N F R S N
L APPOINTMENTS, RE-
SCHEDULED
BOARD OF BUILDING CODE
APPEALS
HISTORICAL REVIEW BOARD
SENIOR SERVICES OF
SOUTHEASTERN VIRGINIA
REVIEW AND ALLOCATION APPOINTED 9-0 Y Y Y A Y Y Y ¥ Y Y A
COMMITTEE (COIG) Thomas Y
Lawrence
(No Term)
M/ LYNNHAVEN UNITED METHODIST APPROVED/ 9-0 Y Y Y A Y Y Y Y Y Y A
ADD- CHURCH CUP for 2 monopole towers at CONDITIONED
ON bttle Neck/Red Oak Roads (LYNNHAVEN
BOROUGH)
N/O ADJOURNMENT, 3 10 PM
COMMUNITY CONVERSATIONS
Princess Anne High School
October 21, 1997
* . * * * * . * * *
* . * * * * * * *
CITY COUNCIL SCHEDULE - NOVEMBER 1997
November 4
Informal Session (as regularly scheduled)
Formal Session - 2:00 PM
November 11
Rescheduled to November 18
Informal Session (as regularly scheduled)
Formal Session - 2:00 PM
(Planning Items - 2:30 PM)
November 25 - Informal Session (as regularly scheduled)
Formal Session - 6:00 PM
(Planning Items - 6:30 PM)
* * * * * * * * *