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HomeMy WebLinkAboutNOVEMBER 18, 1997 MINUTESCity of Virginia Beach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF, Al Large VICE MAYOR WILLIAM D SESSOMS, JR. At-Large JOHN A BAUM, Blachwater B~n~ugh LI~OOD 0 BRANCH 111 V~rg:nla Beach ~nugh WILLIAM t,V HARRISON, JR. Lynnhaven Borough HAROLD HEISCHOBER, At Large BARBARA M HENLEY. Pun~o Borough LOUIS R ]ONI~, Bays~ck Borough REBA S McCLANAN, Pnncess Anne Borough NANCY K PARKER. At Large LOUISA M STRA YHORN. Kempmlle Borough JAMES K SPORE. City Manager LESLIE L LILLEY, Cdy Atto~ey RUTH HODGE$ SMITH CMC / AAE, C~ty Clerk CITY COUNCIL AGENDA CITY tlALL BUILDING 2401 ¢ OURT tlOUSE DRIVE VIRGINIA BEACli, VIRGINIA 23456 9005 f757) 427 4303 November 18, 1997 I. CITY MANAGER'S PRESENTATION - Conference Room- 11:00 AM A. ECONOMIC IMPACT OF SALTWATER ANGLING Claude Bain, Virginia Department of Commerce II. CITY MANAGER'S BRIEFINGS A, DESIGN ADVISORY GROUP CRITERIA and STANDARDS Robert J. Scott, Director of Planning B, LEGISLATIVE PACKAGE Robert Matthias, Assistant to the City Manager C, MULTI-PURPOSE STADIUM BID RESULTS James K. Spore, City Manager III. REVIEW OF AGENDA ITEMS IV. CITY COUNCIL CONCERNS V. INFORMAL SESSION - Conference Room- 1:30 PM A. CALL TO ORDER- Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION VI. FORMAL SESSION Council Chamber 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Rabbi Aaron Margolin Chabad Lubavitch of Tidewater 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 1. INFORMAL & FORMAL SESSIONS November 4, 1997 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA The Consent Agenda will be determined during the Agenda Review Session and considered in the or&nary course of business by City Council to be enacted by one motion. I. ORDINANCES/RESOLUTION , Ordinance re amendments to the provisions of the water sales/water services contracts between the Cities of Virginia Beach and Norfolk re biennial adjustments of rates; and, authorize the City Manager to execute the amendments. . Ordinance to AMEND the water emergency Ordinance (No. 95-2350K) re conservation of the public water supply and to authorize the City Manager to rescind the order prohibiting certain uses of the public water supply system and provide for connections to the public water supply system. , Ordinance to AMEND Chapter 18 (Sections 18-5.2, 18-16, 18-88 and 18-107) of the City Code re Business Licenses, by clarifying and correcting outdated language; and, REPEAL Section 18-66. . Ordinance to authorize the City Manager to execute a lease re provision of services with Volunteers of America Chesapeake, Inc., for the "Lighthouse Day Center" for the Homeless at the Beach Borough Services Center in Virginia Beach. 5. Ordinances re Community Services Board: a. RATIFYan amendment to Article VII, Section 2 of the Bylaws of the Community Services Board to allow an .ffleer of the Board to serve three O) consecutive terms in the office of Chairman. bo ACCEPT and APPROPRIATE $887,899 in Grants, Fees and other revenue; and, APPROPRIATE $127,000 from the Comprehensive Services Act Fund Balance to the 1997-1998 Operating Budget of the Community Services Board re enhancing services provided; increase the full-time permanent FTE's by two; and, estimated revenue be increased accordingly. , Ordinance to ACCEPT and APPROPRIATE a $76,500 Grant from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 1997-1998 Operating Budget re supporting the operations of the FEMA Urban Search and Rescue Team, Virginia Task Force No. 2; and, estimated revenue from the federal government be increased accordingly. . Ordinance to ACCEPT and APPROPRIATE a $28,750 Grant from the Virginia Coastal Resources Management Program to the FY 1997-1998 Operating Budget of the Virginia Marine Science Museum re maintaining a statewide stranding response network and database; to continue ongoing marine mammal and sea turtle research projects; and, estimated revenue from the Commonwealth be increased accordingly. . Ordinance to ACCEPT and APPROPRIATE $15,000 from the Virginia Department of Environmental Quality, Virginia Coastal Resources Management Program to the FY 1997- 1998 Operating Budget of the Department of Planning for habitat conservation and restoration work; TRANSFER $11,000 as match funds from the General Fund Reserve for Contingencies; the temporary Environmental Planner I position within the Department of Planning be continued in FY 1997-1998 re carrying out the work of this grant; and, estimated revenue from the Commonwealth be increased accordingly. . Ordinance to APPROPRIATE $9,400 from the Fund Balance of the Francis Land House Board of Governors Trust Fund re support of the programs and activities of the Francis Land House; and, estimated revenue be increased accordingly. 10. Ordinance to ACCEPT and APPROPRIATE a $5,000 Grant from the Virginia Commission for the Arts to the Arts and Humanities Commission's FY 1997-1998 Operating Budget re additional grants to Arts and Cultural Agencies; and, estimated revenue from the Commonwealth be increased accordingly. 11. Ordinance to ACCEPT and APPROPRIATE $110,651 from the Commonwealth of Virginia State Compensation Board; and, TRANSFER $83,172 from the General Fund Reserve for Contingencies to the FY 1997-1998 Operating Budget of the Office of the Commonwealth's Attorney re additional staff and equipment for the prosecution of domestic violence cases; and, estimated revenue from the Commonwealth be increased accordingly. 12. Ordinance to authorize temporary encroachments: a. b. Into a portion of the City's 25' Strip of property surrounding Lake Joyce adjacent to 2349 Bayville Road by Robert B. Jr. and Barbara H. Cromwell re constructing and maintaining a wooden bulkhead with related backfill with marginal wharf (pier); and, to maintain an existing wooden bulkhead and concrete driveway ROUGH). Into a portion of the City's right-of-ways known as 65th Street and Atlantic Avenue by Lillian G. and Donald G. Martin, Audrey C. and Gary L. Sears re constructing and maintaining a wooden fence at 200 65th Street (LYNN-HAVEN BOROUGH). J. 13. 14. 15. Ordinance appointing viewers in the petition of DEFORM LIMITED, a Virginia Corporation, for the closure of a 30' portion of Wishart Point Court adjoining Lot 12, Subdivision of Wishart Cove North; Lot 36, Subdivision of Wishart Cove Section 2-Part 2; Parcel B, Subdivision of Parcel 2-3 Wishart Cove, Section Two; Lot lA-1 Subdivision of Wishart Cove North; and, Parcel C, Subdivision of Parcel 2-3 Wishart Cove Section Two (BAYSIDE BOROUGH). Resolution to authorize the enlargement of a nonconforming use for KENNETH CARLTON REAVES at 908 Old Dam Neck Road in the AG-2 Agricultural District, containing 2.5 acres (PRINCESS ANNE BOROUGH). License Refunds in the amount of $4,304.21. PUBLIC HEARING- PLANNING 2:30 PM PLANNING BY CONSENT - To be determined during the Agenda Review Session. . Application of LARRY M. and CHRISTINE E. PINKSTON for a Conditional Use permit for an alt,motive rural residential development at the East side of Princess Anne Road beginning at a point 1864.3 feet North of Gum Bridge Road, containing 13.45 acres (PUNGO BOROUGH). Recommendation: APPROVAL . Application of CHRIST EPISCOPAL CHURCH for a Conditional Use Permit for a church on the North side of Holland Road, 280 feet more or less East of Buym Farm Road, containing 4.707 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL . Applications of DISABLED VETERANS OF VIRGINIA BEACH, INC. (KEMPSVILLE BOROUGH): a. Conditional Change of Zoning from P-1 Preservation District to Conditional O-2 Office District and b. Conditional Use Permit for a lodge on Parcel A, Section 1, Kempsville Greens at the Northeast comer of Princess Anne Road and Kempsville Greens Parkway, containing 1.099 acres. Change of Zoning District Classification from A-24 Apartment District to R-SD Residential Duplex; Dis~ct on the South side of Bonney Road, 543.4 feet East of Kenley Road (4915 Bonney Road), containing 1.45 acres. Recommendations: APPROVAL . Application of SHEAR DESIGNS, PATRICIA J. CANNON for a Change of Zoning District Classification from AG-2 Agricultural District to Conditional B-1 Neighborhood Business District on the East side of General Booth Boulevard, South of Las Cruces Drive (1990 General Booth Boulevard), containing 16,552.8 square feet (PRINCESS ANNE BOROUGH). Deferred Indefinitely: September 9, 1997 Staff Recommendation: Recommendation: DENIAL APPROVAL , Application of MCDONALD NURSERIES OF VIRGINIA BEACH, INC., for a .C. hallgg of Zonimt District Classification from R-10 Residential District to Conditional B-2 Communi _t3r Business District on the South side of Mason Street beginning at a point 650 feet more or less East of Independence Boulevard on Lots 2, 3 and 4, Reedtown, containing 1.9 acres more or less (BAYSIDE BOROUGH). Recommendation: APPROVAL K. APPOINTMENTS BOARD OF BUILDING CODE APPEALS PENDLETON CHILD SERVICE MANAGEMENT BOARD TIDEWATER COMMUNITY COLLEGE BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS 1. ABSTRACT OF LEGAL CASES RESOLVED - OCTOBER 1997 N. ADJOURNMENT CITY COUNCIL SCHEDULE- DECEMBER December 2 - Informal Session (as regularly scheduled) Formal Session- 2:00 PM December 9 - Informal Session (as regularly scheduled) Formal Session- 2:00 PM (Planning Items- 2:30 PM) December 16 - Rescheduled from December 23 Informal Session (as regularly scheduled) Formal Session - 6:00 PM (Planning Items- 6:30 PM) 11/10/97bap AGENDA\I 1-18-97.PLN www.virginia-beach.va.us If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD- Telephonic Device for the Deaf) MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 18, 1997 Vice Mayor William D. Sessoms, Jr called to order the CITY MANAGER'S PRESENTATION AND BRIEFING in the Council Conference Room, City Hall Building, on November 18, 1997, at 11:00 A.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Barbara M. Henley, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr Council Members Absent: Mayor Meyera E. Oberndorf Reba S. McClanan,. William W. Harrison Louis R. Jones Harold Heischober Louisa M. Strayhorn [CHAMBER OF COMMERCE MEETING - SEA ~LE, WASHINGTON] [0 UT OF CITY - FAMILY BUSINESS ] [ENTERED: I 1:08 A.M.] [ENTERED: 11:42 A.M.] [WIFE TO DOCTOR/HOSPITAL] [CHAMBER OF COMMERCE MEETING- SEARLE, WASHINGTON] CITY MANAGER'S PRESENTATION ECONOMIC IMPACT- SALTWATER ANGLING 11:00A.M. ITEM # 42813 Ron Kuhlman introduced Claude Bain, Executive Director - Virginia Saltwater Fishing Tournament.. Mr. Baines highlighted excerpts.from the Economic Report. The Virginia Saltwater Fishing Tournament is actually a promotional tournament developed by the Commonwealth of Virginia forty years ago. Initially, plaques were awarded to anglers who caught fish meeting certain sizes./in average of 3,000 plaques were dist~buted per year. Approximately five years ago, the Virginia Marine Resources Commission assumed this tournament from the Tourism Department. Mr. Bain now is less involved with promotion and more with conservation and management of marine resources. Approximately 28% to 30% of the citation awards issued statewide are won by Virginia Beach residents. Dr. Jim Kirkland, Virginia Institute of Marine Science, compiled the economic survey of recreational fishing. 4,000 to 5,000 people were surveyed. There are approximately $$0,000 individuals participating in saltwater recreational fishing in the Commonwealth of Virginia. The imposition of management measures on striped bass lasted for the majority of the 1980's. Recreational fisherman were again able to fish for striped bass in 1990. The survey techniques were not as sophisticated as at the present time. National Marine Services hired K.C. Associates, a well respected nationalfirm, to conduct these surveys. Thus, the level of confidence has risen in the last five to ten years. There were over 300,000 coastal Virginia residents who participated in Saltwater Fishing in the Commonwealth (56% Coastal Virginia Residents, 36% out-of-state, and the rest non-coastal Virginia). The trips by saltwater anglers averages approximately 3 per person per year which equates to $2.9-MILLION in 1994 and $2.6-MILLION in 1995. FISHING B Y MODE 32% shore and pier 14% head and charter boats 54 % private rental boats The Chesapeake Bay is the City's main access to participate in recreational fishing. The shoreline access is more limited than in a place as the Outer Banks of North Carolina, which would constitute a large part of the angling in the State of North Carolina. There are three levels of economic impact: direct, induced and indirect. There have been $46-MILLION in boat sales, only $ 7-MILLION of which stays in the Commonwealth of Virginia, as there are very few boat manufacturers in the Commonwealth, so ultimately the money flows out of the state economy. There was $477-MILLION in direct sales re Saltwater angling, with $269-MILLION income; and, in terms of emp/oyment, the number for a total impact is 10,944 person years of employment for the Commonwealth from Saltwater Recreational fishing. Dr. Kirkland's report divided the City into regions. "Atlantic Area" comprises the Cities of Virginia Beach and Chesapeake. The economic impacts are not specific to the region. In order words, they reflect money generated by fishing in this region. The funds do not necessarily stay within this region. Expenditures by residents of the Atlantic Area (Virginia Beach/Chesapeake) outside the area are not counted in the expenditures for the Atlantic Area impact. In 1994, relative the Economic Impact of Atlantic Coast Anglers, the expenditure level was $174-MILLION with a total income of $99-MILLION, and 4000person years of employment.. Other Atlantic Coast Economic Impacts entailed: Restaurant Meals $ 8 -MILLION Lodging $ I O. 6-MILLION Groceries $ 4.5-MILLION Charter Boat fees $ 6. I-MILLION Gas and Oil $ 5. S-MILLION New boat purchases $13.3-MILLION Docking and launching fees $ 3. 4-MILLION Boat loans $ 5.4-MILLION Rods $ $.9-MILLION Reels $ 4. S-MILLION Tackle $11. 6-MILLION -3- CITY MANAGER '$ PRESENTATION ECONOMIC IMPA CT- SAL TWA TER ANGLING ITEM # 42813 (Continued) Mr. Bain advised the number one species targeted by recreational fishermen was striped bass. It is also the number one producer of expenditures ($63. 7-MILLION) of all the saltwater fish in the Commonwealth of Virginia. Much of this is occurring at the Chesapeake Bay Bridge Tunnel, the premier place to catch striped batch. The number two fish is gulfstream fish (marlin, dolphin, tuna, etc.). There are approximately $$4- MILLION in expenditures generated by gulfstream fishing. The majority of this comes out of Rudee Inlet. The gulf stream fishing has the major impact with 2,488 person years of employment. 37% of the Commonwealth's economy related to Virginia saltwater recreational fishing occurred in the Atlantic Region (City of Virginia Beach/Chesapeake). Mr. Kuhlman advised Messrs Bain and Richard Welton came to the Office of Economic Development approximately 6 months ago and requested a target in terms of fishing rather than just sports fishing in general. An ad was developed re stripped bass in Virginia Beach and placed in a weekly publication with very limited circulation, comprising approximately 15,000. The City has been encouraged by the amount of response to this targeted audience. The City has a large section re saltwater fishing in the image brochure (200,000 copies). The attractions brochure of which 1 to 2-MILIJON are produced each year depicts Rudee Inlet and the marinas for sports fishing. The coupon book (300,000 copies) also features salt water fishing. The meeting planner guide has an entire page on "gone.fishing". The Vacation Guide (400,000 copies) contains a fishing section related to type and contact. The City is working for a new creative possibility for sports fishing and outdoor activities for the Virginia Outdoor Guide, which is published by the Virginia Tourism Corporation. There is also an ad in the Fisherman's Magazine, which will be expanded upon next year. November 18, 1997 -4- CITY MANAGER'S BRIEFING DESIGN AD VISORY GROUP CRITERIA AND STANDARDS ll:40A.M. ITEM # 42815 The City Manager referenced Council Lady McClanan 's letter of October 30, 1997, re the proposed Design Advisory Group. Vice Mayor Sessoms advised Council Lady McClanan said both Council Members Linwood O. Branch, III and Nancy K. Parker have agreed to serve on the Design Review Committee. Robert Scott, Director of Planning, advised the City just adopted a new Comprehensive Plan, which relates to an increased level of quality of development in the City. The Planning Commission had established a Design Advisory Group. Moving forward without standards or agreed upon rules or expectations and relying instead on individual preferences and taste will not work. Techniques need to be examined which would not involve negative issues. Mr. Scott advised goals be established: 1. Not add unreasonable lengths of time to any existing process. 2. Efforts need to be driven by adopted standards derived either with the involvement or concurrence of the City Council 3. There should be an eye toward practicality. Techniques should be established which can be implemented. 4. All of the efforts should be in accordance with State and City law. 5. Existing tools should be inventoried: Conditional Zoning/Conditional Use Permits. 6. Existing Historical and Cultural Districts should be examined. Mr. Scott referenced the various OPTIONS: . Identify key corridors in the City which require special attentions. Design criteria probably should not be the same for each of the Corridors. 2. The City staff could compile proposed guidelines tailored to those key corridors. 3. Groups, consisting of citizens, should review these standards. 4. Should the same group of citizens be involved in reviewing all the corridors? The criteria could be administered through the Conditional Zoning and Conditional Use Permit process, which requires City Council review and approvaL 6. The Staff does not have the authority, unless in Historical and Cultural District, to hold up the building permit or reject plans in "by right" development. City Council might wish to examine corridor overlay districts, special zonings for some of these areas. (Amendments to the zoning ordinances, not just adoption of standards). November 18, 1997 -5- CITY MANAGER'S BRIEFING DESIGN AD VISOR Y GROUP CRITERIA AND STANDARDS ITEM # 42815 (Continued) Bonuses or incentives might be offered to developers if they adhere to the guidelines adopted by City Council The City might need to examine the underlying zoning existing and some of the provisions i.e. setbacks. Mr. Scott referenced the four steps involved: Agreement relative geographical corridors, with which the City is concerned ( i.e. Princess Anne Road, Shore Drive, Independence Boulevard) City Staff could compile a rough starting point for standards to be considered patterned after the previously adopted guidelines of General Booth Boulevard. Refine guidelines with citizens, City Council and Planning Commission involvement. Standards adopted by City Council The Planning Staff shall identify the corridors and devise rough starting pointsfor the standards to be presented to the Planning Commission and Ctty Council November 18, 1997 -6- CITY MANAGER'S BRIEFING LEGISLATIVE PA CKA GE 12 NOON ITEM # 42816 Robert R. Matthias, Assistant to the City Manager, presented the DRAFT of the City's legislative package for the 1998 Session of the General Assembly. THE LEGISLA ~ AGENDA OF THE HAMPTON ROADS MA YORS AND CHAIRS CA UCUS AS ENDORSED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH I. TRANSPORTATION The General Assembly should move expeditiously to embrace the significance of the State's needs for transportation improvements as outlined in the Commission on Future Transportation in Virginia (COFT) Report. There is basically a $2-BILLION shorOCall per year over the next twenty years. Secretary Martinez is suggesting the revenues be inflated but the costs of the projects not be inflated. VDOTprojects that by FY 2001, maintenance costs will exceed available funds in the Highway Maintenance and Operating Fund, and the State Transportation Trust Fund will start being used for maintenance. 2. HUMAN SER VICES DELIVERY As exemplified by the 1993 Comprehensive Services Act (CSA), State trends in service provision for troubled youth, the mentally ill, mentally retarded and substance abusers emphasize community-based services as a more effective and less costly alternative to services provided by state hospitals and mental health facilities. HJR 240 calls for further and significant restructuring of the state system, which will result in increased demands for community-based services. The General Assembly is urged to fully consider and respond to the local impacts of legislation and policies that will create this demand. The demonstrated cost of CSA indicates that the state has not funded these services at a level that reflects the full mandated costs that must be accommodated in local budgets with local taxes. "Bridge" funding and transition programs should reflect increasing local responsibilities 3. LOCAL REVENUE PRESERVATION The General Assembly is urged not to remove needed local taxing authority, such as the Personal Property Tax, when local governments still have responsibility for education, development and redevelopment costs and other infrastructure requirements. Full funding is needed to implement educational Standards of Quality (SOQ), and an expanded state role in funding school construction is needed Virginia is one of eleven states that does not participate in school infrastructure funding. The City can borrow funds on the open market less expensive than a literary loan fund. 4. TELECOMMUNICATIONS The General Assembly is urged to retain local authority over local public Rights-of-Way as well as compensation for the use of such Rights-of-Way by non-public entities. Further, there should be a meaningful consultative process with VDOT on the manner of communications towers in FDOT Rights-of-Way. November 18, 1997 -7- CITY MANAGER'S BRIEFING LEGISLA TIFF, PA CKA GE ITEM # 42816 (Continued) REGIONAL INCENTIVE FUND The Regional Competitiveness Act recognizes that Virginia is not as competitive with other states as it needs to be, and that local governments must be encouraged to work together to maximize economic opportunity. The Incentive Fund called for in the Act is an appropriate vehicle to carry out the goals of the Act and must be funded at $50- MILLION annually to achieve its stated purpose. This Incentive Fund shouM not compete with the Governor's Opportunity Fund. II. PARTNERSHIP BETWEEN CITY COUNCIL OF VIRGINIA BEACH AND THE GENERAL ASSEMBLY DELEGATION City Council believes the best results for our citizens and taxpayers is achieved through a collaborative partnership between State and Local government. The City Council requests the General Assembly Delegation consider impacts on the City of any legislation they plan to introduce. Council understands it cannot control legislation produced by the Delegation; however, legislation in the past has been introduced with serious effect on the City for which the City Council had no prior consultation or opportunity to comment. The removal of tolls on Route 44 has meant the annual loss of $ 7-MILLION in revenue previously available to address shortcomings on the toll road. IlL RETENTION OF THE PERSONAL PROPERTY TAX Although the retention of the Personal Property Tax is considered under the Hampton Roads Mayors & Chairs legislative agenda, City Council feels it is a serous enough issue to be repeated in the City's package. With pressing needs for higher education, K-12 education, mental health funding requirements, health department funding requirements, infrastructure maintenance and many other issues of basic services going under funded, the Commonwealth is ill prepared to give up any existing revenues. The Senate Finance Committee is meeting later this week. City Council is concerned about the General Assembly being unable to live up to any promises its make up for the possible loss of the Personal Property Tax. IV. UNFUNDED MANDATES OR MANDATES THA TARE THE UNINTENDED CONSEQUENCE OF OTHER WISE WELL MEANING LEGISLATION. Although the General Assembly has been exemplary in the recent years in not adopting legislation that created mandates on local governments, there still have been the unintended consequences of otherwise well meaning legislation that has produced mandates on local government. The provision of 4,000 additional teachers statewide, the significant reduction of class sizes, or teachers salaries could have significant financial consequences for local governments. An average cost of at least $100,000 per classroom is going to have a very substantial impact on the City and all other localities since the state provides no funds for capital construction. V. TRANSPORTATION FUNDING The transportation system in the Commonwealth is broken. In Virginia Beach traffic congestion is growing, the ability of the City to meet that congestion is declining, and the quality of life and the movement of people, goods and services that a good transportation system provides is decreasing at a rapid pace. The Bi- Partisan Study Commission on Virginia's transportation for the future has identified a shorOCall statewide between $2 and $3-BILLION per year over the next 20 years. November 18, 1997 -8- CITY MANAGER'S BRIEFING LEGISLATIVE P,4 CKA GE ITEM # 42816 (Continued) The City is requesting substantial increases to the Transportation Thrust Fund. This should include addressing the shortfall, and also providing for a method to maintain our transportation system through the highway maintenance and operation budget of the Virginia Department of Transportation, so that revenue enhancements are not needed. The City also requests substantial state support for construction of the Southeastern Parkway and Greenbelt from Route 44 to Interstate 64/1-464 in the City of Chesapeake. VI FUNDING FOR THE VIRGINIA MARINE SCIENCE MUSEUM. VII. The Virginia Marine Science Museum is a public/private facility owned and operated by the City of Vtrginia Beach in partnership with the Virginia Marine Science Museum Foundation. The FY 1996/97 museum revenues exceeded $6,000,000, on which the museum paid $400,000 in direct state and local taxes. The museum is also estimated to have generated over $4,000,000 in indirect taxes due to increased visitor stays and related expenditures during the same period. The City is requesting $1,600,000 in Operating Funds for the 1998/2000 Biennial Budget. A major share of the funds requested will be used to expand and extends the scope of the museum's educational and outreach programs, particularly for under served school districts and disadvantaged individuals who, for economic reasons, are unable to have access to the museum and its traveling programs. FUNDING FOR THE TIDEWATER COMMUNITY COLLE GF,/VIR GINI,4 BEACH PUBLIC SCHOOLS TECHNICAL CENTER ADJACENT TO THE VIRGINIA BEA CH HIGHER ED UCA TION CENTER The Virginia Beach City Schools and Tidewater Community College are proposing a partnership to provide a joint High Technology Education Center on the campus of Tidewater Community College. This $23-MILLION facility will allow the pooling for state and local resources so that the value of the whole will exceed the sum of the parts. The Commonwealth is requested to appropriate $10 to $12-MILLION for the Tidewater Community College Center to match the City's contribution of SIS- MILLION. VIII. FUNDING FOR BEACH REPLENISHMENT THOUGH THE PUBLIC BEACH BOARD The General Assembly is requested to fully fund the Public Beach Board so that competitive grants can be made available statewide for localities for public beaches. The Board was established in the early 1980s to provide a way to fund public beaches throughout the Commonwealth. It has been very much under funded in the last six years. The General Assembly is requested to appropriate $3-MILLION for the Public Beach Board for the upcoming biennium. November 18, 1997 -9- CITY MANAGER'S BRIEFING LEGISLA TIFF, PA CKA GE ITEM # 42816 (Continued) IX.. FUNDING FOR THE HURRICANE PROTECTION PROJECT The General Assembly is requested to provide $10-MILLION for the City for the Hurricane Protection Project at the Resort Area in Virginia Beach. This $112 - MIL£[ONproject received 65% funding from the federal government that is to be matched with 35% by the City. X. FUNDING FOR MAINTENANCE OF RUDEE INLET The Commonwealth is requested to participate in the maintenance of Rudee Inlet. Rudee Inlet is the only inlet available to mariner's between Cape Henry and Oregon Inlet. The General Assembly is requested to provide $600,000 to fund a study of the need to provide structural improvements to the inlet for long term ease and maintenance. XI. FULL FUNDING THE STATE AID TO LIBRARIES The General Assembly is requested to provide full funding to State Aid to Libraries over a three year time period. This would require an increase in state funding of approximately $5,500,000 spread over three years. Virginia Beach's allotment under that new and expanded funding would rise from $278,000 to $382,000. The General Assembly has not fully funded the State Aid formula since 1980. XII. FUNDING FOR STATE HEALTH DEPARTMENT The Commonwealth is requested to fully fund State Aid to the State Health Department. A number of studies have been done over the years that have identified an inadequacy of state funding for the State Health Department in local governments. Because the needs of the Commonwealth have changed with its diversified population and growing localities, funding levels have nevertheless stayed nearly static. The Commonwealth needs to provides full funding for State Health Department services to all the citizens while making sure that it holds harmless the appropriations to all localities. XIII. WETLANDS MITIGATION BANKING Under the current Code of Virginia, although Wetland Mitigation Banks are encouraged, three sections of the Code require that the bank be within the same drainage or watershed as the impacted site. The General Assembly is requested to amend Section 28.2-1308. 33.1-232.2:1, and 62.1-44.15. 5 to delete "within the same watershed". This will allow the Wetland Banks to be established with much more flexibility than is currently allowed. XIV MEDICAID REIMBURSEMENT FOR HEAL TH CARE GIVERS Medicaid defines which licensed mental health professionals are eligible for reimbursement for Medicaid covered services. The Code of Virginia was amended effective this year to allow reimbursement for Licensed Clinical Social Workers (LCSW) and Licensed Professional Counselors (LPC). The General Assembly is requested to amend the Code of Virginia to assure parity between reimbursement of professionals working in the public and private sector with regard to Medicaid reimbursement. November 18, 1997 - 10- CITY MANAGER'S BRIEFING LEGISLATIVE PA CKA GE ITEM # 42816 (Continued) XE. ZONING BOARD APPEAL Under the existing Code of Virginia, zoning enforcement of proceedings pending appeal to the Board of Zoning Appeals are automatically stayed. That means that no zoning enforcement proceeding can proceed until the appeal has been heard. The General Assembly is requested to amend Section 15.2-2311 by eliminating Section B which grants the automatic appeal. The automatic stay provision now allows a person or entity to delay enforcement of the zoning ordinance by filing an appeal with the board and to continue the violation of the zoning ordinance until the BZA renders a decision. XFI. CHESAPEA iCE BAY PRESER VA TION BOARD Under the current code the Chesapeake Bay Preservation Act authorizes local governments to incorporate civil penalties and charges provisions into their local ordinance for violations occuring in the Wetland Act and the Coastal Primary Dunes Protection Act. The current code; however, does not allow the same civil penalties or charges to be incorporated into violations of the Chesapeake Bay Preservation Area. The General Assembly is requested to amend Section 10.1-2109 of the Code of Virginia adding to Section E. XFII A CCESSOR Y AFTER THE FACT Statute: 18.2-19 Accessory After the Fact During several complex homicide investigations, accessories after-the-fact have pushed the limit of "after the fact" by refusing to be interviewed by police, hiding or destroying weapons and intentionally mis-identifying suspects in order to prevent apprehension. At times, the accessory "after-the fact" is doing everything in their power to prevent proper investigation and apprehensivon Due to the wording of this statute, it is most difficult to determine for sure whether a bonafied relationship even exists between the parties. ~4dditional verbiage is suggestged: If any one, intentionally destroys or attempt to destroy evidence of a crime, intentionally mislead investigators as to the identity of the perpetrator of the crime, whether related as above or not, shall be punished in accoradance with the punishments set forth in the 26 (attempts). If any person harbors or secretes a wanted person, after duly being instructed of the nature of the crime they are wanted for, except by those persons enumerated above, they shall be found guilty as follows: if the person wanted is charged wiht a misdemeanor, the harboring individual will be guilty ofa Classl Misdemeanor; if the person wanted is charged with a felony, the harboring individual will be guilty of a Class 5felony. November 18, 1997 -11- CITY MANAGER'S BRIEFING LEGISLA TIFF. PA CKA GE ITEM # 42816 (Continued) XIfIII PHOTO ENFORCEMENT OF RED LIGHTS The City is currently evaluating the feasiblity of red light enforcement cameras in Virginia Beach. The current enabling legislation provides authorization for a pilot progam using red light enforcement cameras in certain localities in Virginia Beach which meet the criteria. The General Assesmbly is requested to legislate an extension of five years to the sunset clause, or preferably the removal of the sunset clause in Section 46.2- 833.01. This wouM allow these systems to be financially viable for installation. Mr. Matthias referenced the additonal issue of Amortization of Non-conforming Signs and Billboards. This wouM entail a Charter Change which wouM have to be advertised and is very similar to the one contained in t'~,e Legislative Package approximately 10 years ago. The proposed Charter Amendment provides authority for the City to adopt an ordinnace amortizing billboards. Assistant City Attorney Bill Macali advised because both state and federal law require the payment of monetary compensation for the removal of billboards on interstate, federal primary-aid or National Highway System highways, the amendment provides that any such ordinance would not apply to billboards visible from the main traveled ways of such roads. In Virginia Beach, these roads include Interstate 64, Route 44, Northampton Boulevard, Shore Drive and portions of the Atlantic Avenue, Independence Boulevard and Oceana Boulevard. The majority of billboards within the City would be subject to an Amortization Ordinance. The City Council requested Section III be amended from Retention of the Personal Property Tax. Mr. Matthias advised it will be changed to a statement the City wishes to be held harmless with an inflator and do not want the hold harmless to counter the cost of other programs. It should be a new revenue source that is completely revenue neutral to the locality. City Council suggested the funding item for the Virginia Marine Science Museum contain a statement relative the Marine Science Museum be funded on a par with the Chrysler Museum in Norfolk as its attendance ranks 5th in the Nation relative museums. Mr. Matthias will insert a statement clarifying the City's contribution of $13-MILLION concerning the TIDEWATER COMMUNITY COLLEGFf~RGINIA BEACH PUBLIC SCHOOLS TECHNICAL CENTER.. Council Lady Henley advised she could not support the section relative Wetlands Mitigation Banking. Wetlands must be in the watershed, if they are to accomplish their mission. Councilman Baum belived this would improve the current code. Mr. Matthias referenced the School Administration's Legislative Package which he recommended, after amendements by the School Board, be included as an Addendum Package for endorsement in the general package. Councilman Branch requested information be presented relative the successes and liabilities of the various consolidations of School and City Services and determine whether we should consider an issue to consider consolidating further services. Because of the advertising of thepropsed Charter Amendment, Mr. Matthias recommended the Legislative Package be SCHEDULED for approval during the December 9, 1997, City Council Session. November 18, 1997 - 12- CITY MANAGER'S BRIEFING MUL TI-PURPOSE STADIUM BID RESUL TS 12:54 P.M. ITEM # 42817 The Ctty Manager advised, relative the Multi-Purpose Stadium, the bids were opened on the remaimng portions on Wendesday, November 12, 1997. Mark Wawner, ProJect Development Manager - Economic Development, tntroduced Brad Tazwell, ProJect Archttect- TAF Group, Stap Smtth, ProJect Manager - W M Jordan and Page Johnson and Mark Garcea - Owners of the Martners The constructton manager approach ts betng utihzed, which means the project ts broken tnto phases, bid and constructton were begun tmmedtately before destgn ts complete Therefore, the agresstve schedule can be met to have the factltty open tn May 1998 to house the Martners for the next season play The Mariners were granted a 1-year sabattcal from thetr Class A League, tn order to have an adequate facthty tn which to play Four contracts have been awarded for the facthty stte work, ptle foundattons, poured tn place concrete and the steel The steel has been ordered and work progresstng tn spite of the weather. The buildtng pad has been tnstalled The seating berm has been shaped The parlang lots have been rough graded Utthttes are betng tnstalled Piles are now betng driven on the foundatton stte Several stgntficant changes have been made to the program to accommodate the Martners' destres and to make thts the best facthty posstble tn accordance wtth City Counctl's wishes An addtttonal ramp and accesstble seattng platform on the club level upper deck have been added. A letter from Endependence Center dated November 17, 1997, complimenting the design is hereby made a part of the record. After evaluattng the btds, tt was determtned that the proJect would cost an ad&ttonal $2 72, 000 wtthout a conttngency fund Proposed Budget: Revised Cost $ 9,ooo, ooo $ 9,372,000 (includes $100,000 contingency fund) Mr Wawner avtsed the opttons to address addtttonal costs 1 Modt. fy the terms of the Mariners operattng agreement to provtde fundtng of shortfall 2 Provtdefundtng to cover costs 3 Cut ttems to reduce quahty and lower cost of stachum The Mariners are making a significant financial contribution to this project: Mariners will add two additional corporate suites Mariners will add an additional 1500 club seats. Mariners will install administrative offices in the facility Mariners are 100% responsible for the concessionaires build- out Mariners are responsible for the Corporate suite build-out The Mariners are responsible for providing a scoreboard TOTAL $ 14o, ooo · $ 9o, ooo $ 130,000 $ 500,000 $120,000 $ 250,000 $1,225,000 November 18, 1997 - 13- CITY MANA GER 'S BRIEFING MUL TI-PURPOSE STADIUM BID RESUL TS ITEM # 42817 (Continued) Councdman Harrtson satd to be assured the Contingency Fund ts sattsfactory, the Ctty shouM tncrease the contmgency fund from $100, 000 to $200,000 The Ctty Manager suggested Option 2 - Provide funding to cover costs. The City Manager ctted three sources from whtch thts fundtng could be dertved Authorize the appropriation use of some of the unallocated fund balance from the 1996-1997year. There is SI.I-MILLION remaining which has not been allocated by City Council. Allocate some funding from sale of surplus land. Utilize contingency reserve fund. Councd Lady Henley referenced correspondence of November 14, 1997, referenctng the shortfalls tn Personal Property tax revenues ($3-MILLION) The City Manger advised there are offsets' and he beheves the delay tn the htrmg process of stxty days wtll save approxtmately $1 3-MILLION durtng the year coupled wtth the good news tn some of the other revenue sources wtll brtng the Ctty tn on "target" Vtce Mayor Sessoms recommended the amount of $472, 000 revtsed cost tncluchng $200,000 conttngency as referenced by the ProJect Manager Thts stem re the Multi-Purpose Stadium in the amount of $472,000 will be SCHEDULED for the City Council Session of November 25, 1997. November 18, 1997 - 14- AGENDA RE VIEW SESSION 1:15 P.M. ITEM # 42818 Vice Mayor Sessons advised speakers in opposition. This item will be discussed in the Formal Session: 1.5a Ordinance re Community Services Board: RATIFY an amendment to Article VII, Section 2 of the Bylaws of the Community Services Board to allow an officer of the Board to sene three (3) consecutive terms in the office of Chairman. ITEM # 42819 B Y CONSENSUS, the following items shall compose the CONSENTAGENDA: ORDINANCES/RES OL UTION Ordinance re amendments to the provisions of the water sales/water services contracts between the Cities of Virginia Beach and Norfolk re biennial adjustments of rates; and, authorize the City Manager to execute the amendments. 1.2. Ordinance to AMEND the water emergency Ordinance (No. 95-2350K) re conservation of the public water supply and to authorize the City Manager to rescind the order prohibiting certain uses of the public water supply system and provide for connections to the public water supply system. 1.3. Ordinance to AMEND Chapter 18 (Sections 18-5.2, 18- 16, 18-88 and 18-107) of the City Code re Business Licenses, by clarifying and correcting outdated language; and, REPEAL Section 18-66. 1.4. Ordinance to authorize the City Manager to execute a lease re provision of services with Volunteers of America Chesapeake, Inc., for the "Lighthouse Day Center" for the Homeless at the Beach Borough Services Center in Virginia Beach. 1.5 Ordinance re Community Services Board: b. ACCEPT and APPROPRIATE $887,899 in Grants, Fees and other revenue; and, APPROPRL4 TE $127,000 from the Comprehensive Services Act Fund Balance to the 1997-1998 Operating Budget of the Community Services Board re enhancing services provided; increase the full-time permanent FTE's by two; and, estimated revenue be increased accordingly. I. 6. Ordinance to ACCEPT and APPROPRIATE a $ 76,500 Grant from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 1997-1998 Operating Budget re supporting the operations of the FEMA Urban Search and Rescue Team, Virginia Task Force No. 2; and, estimated revenue from the federal government be increased accordingly. November 18, 1997 - 15- L7. LS. L9. LIO Lll LI2 a, b. AGENDA RE VIE W SESSION ITEM # 42819 (Continued) Ordinance to ACCEPT and APPROPRLA TEa $28,750 Grant from the Virginia Coastal Resources Management Program to the FY 1997-1998 Operating Budget of the Virginia Marine Science Museum re maintaining a statewide stranding response network and database; to continue ongoing marine mammal and sea turtle research projects; and, estimated revenue from the Commonwealth be increased accordingly. Ordinance to ACCEPT and APPROPRIATE $15,000 from the Virginia Department of Environmental Quality, Virginia Coastal Resources Management Program to the FY 1997-1998 Operating Budget of the Department of Planning for habitat conservation and restoration work; TRANSFER $11,000 as match funds from the General Fund Reserve for Contingencies; the temporary Environmental Planner I position within the Department of Planning be continued in FY 1997-1998 re carrying out the work of this grant; and, estimated revenue from the Commonwealth be increased accordingly. Ordinance to APPROPRIATE $9,400 from the Fund Balance of the Francis Land House Board of Governors Trust Fund re support of the programs and activities of the Francis Land House; and, estimated revenue be increased accordingly. Ordinance to ACCEPT and APPROPRIATE a $5,000 Grant from the Virginia Commission for the Arts to the Arts and Humanities Commission's FY 1997-1998 Operating Budget re additional grants to Arts and Cultural Agencies; and, estimated revenue from the Commonwealth be increased accordingly. Ordinance to ACCEPT and APPROPRIATE $I 1 O, 651 from the Commonwealth of Virginia State Compensation Board; and, TRANSFER $83,172 from the General Fund Reserve for Contingencies to the FY 1997-1998 Operating Budget of the OJfice of the Commonwealth's Attorney re additional staff and equipment for the prosecution of domestic violence cases; and, estimated revenue from the Commonwealth be increased accordingly. Ordinances to authorize temporary encroachments: Into a portion of the City's 25' Strip of property surrounding Lake Joyce adjacent to 2349 Bayville Road by Robert B. Jr. and Barbara H. Cromwell re constructing and maintaing a wooden bulkhead with related backfill with marginal wharf (pier); and, to maintain an existing wooden bulkhead and concrete driveway (BA YSIDE BOROUGH) Into a portion of the City's right-of-ways known as 65th Street and Atlantic Avenue by Lillian G. and Donald G. Martin, Audrey C. and Gary L. Sears re constructing and maintaining a wooden fence at 200 6§th Street (L YNNHA FEN BOROUGH). November 18, 1997 - 16- AGENDA RE VIE W' SESSION ITEM # 42819 (Continued) 1.13 Ordinance appointing viewers in the petition of DEFORD LIMITED, a Virginia Corporation, for the closure of a 30' portion of Wishart Point Court adjoining Lot 12, Subdivision of Wishart Cove North; Lot 36, Subdivision of Wishart Cove Section 2-Part 2; Parcel B, Subdivision of Parcel 2-3 Wishart Cove, Section Two; Lot 1,4-1 Subdivision of Wishart Cove North; and, Parcel C, Subdivision of Parcel 2-3 Wishart Cove Section Two (BAYSIDE BOROUGH). 1.14 Resolution to authorize the enlargement of a nonconforming use for KENNETH CARLTON REAVES at 908 OM Dam Neck Road in the ,4G-2 ,4gricultural District, containing 2.5 acres (PRINCESS ANNE BOROUGH). I. 15 License Refunds in the amount of $4,304.21. November 18, 1997 -17- AGENDA RE VIEW SESSION ITEM # 42820 Council Lady Henley referenced Condition No. 2 re: J.l. Application of LARRY M. and CHRISTINE E. PINKSTON for a Conditional Use Permit for an (llt¢rnativ¢ rural residential development at the East side of Princess Anne Road beginning at a point 1864.3feet North of Gum Bridge Road, containing 13.45 acres (PUNGO BOROUGH). This item will be discussed during the Formal Session. ITEM # 42821 Council Lady Parker expressed concern relative change to Conditional 0-2 and advised a change to B-I would be more in compliance with the neighborhood. .I. 3. Applications of DISABLED VETERANS OF VIRGINIA BEACH, INC. (KEMPS YILLE B OR O UGH) : a. Conditional Change of Zoning from P-1 Preservation District to Conditional 0-2 Office District and b. Conditional Use Permit for a ladgg on Parcel,4, Section 1, Kempsville Greens at the Northeast corner of Princess Anne Road and Kempsville Greens Parkway, containing I. 099 acres. C. Change of Zoning District Classification from A-24 Apartment Distrtct to R-SD Residential Duplex District on the South side of Bonney Road, 543.4 feet East of Kenley Road (4915 Bonney Road), containing 1.45 acres. Robert Scott, Director of Planning, advised the staff was reluctant to direct the applicant towards commercial zoning right at this entranceway. ITEM # 42822 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: J. 2 Application of CHRIST EPISCOPAL CHURCH for a Conditional Use iPcrr~it for a church on the North side of Holland Road, 280 feet more or less East of Buyrn Farm Road, containing 4. 707 acres (PRINCESS ANNE BOROUGH). November 18, 1997 - 18- AGENDA RE VIE W SESSION ITEM # 42822 (Continued) J. 3 Applications of DISABLED VETERANS OF VIRGINIA BEA CH, INC. (KEMPS VILLE B OR 0 UGH): a.. Conditional Change of Zoning from P-I Preservation District to Conditional 0-2 Office District and b. Conditional Use Permit for a lo. dgg on Parcel A, Section 1, Kempsville Greens at the Northeast corner of Princess Anne Road and Kempsville Greens Parkway, containing 1.099 acres. Co Change of Zoning District Classification from A-24 Apartment District to R-SD Residential Duplex District on the South side of Bonney Road, 543.4 feet East of Kenley Road (4915 Bonney Road), containing 1.45 acres. Application of SHEAR DESIGNS, PA TRICIA J. CANNON for a Change of Zoning District Classification from AG-2 Agricultural District to Conditional B-1 Neighborhood Business District on the East side of General Booth Boulevard, South of Las Cruces Drive (1990 General Booth Boulevard), containing 16,552.8 square feet (PRINCESS ANNE BOROUGH). J. 5 Application of MCDONALD NURSERIES OF VIRGINIA BEACH, INC., for a Change of Zoning District Classt_ficatiort from R- 10 Residential District to Conditional B-2 Communiw_ Business District on the South side of Mason Street beginning at a point 650feet more or less East of Independence Boulevard on Lots 2, 3 and 4, Reedtown, containing 1.9 acres more or less (BA YSIDE BOROUGH). ITEM J. 4. will be DEFERRED until the City Council Session of November 25, 1997. November 18, 1997 -19- CITY COUNCIL CONCERNS 1:20 P.M. ITEM # 42823 Councilman Baum referenced the report regarding Hampton Roads Soccer Council, as it relates to the Soccer Complex at Princess Anne Borough. The City Manager advised a meeting will be sheduled with all parties involved on the site and subsequent meetings to review the alternatives and costs for screening the parla'ng lot. ~4 letter is being forwarded to all adjacent property owners inviting them to a meeting with the Soccer Council. ITEM # 42824 Council Lady Parker referenced the concept of "design-build". This has been discussed with the VML. The process at present is long and drawn out. Mr. Matthias advised the General Assembly conducted a two-year study. In the 1996 Legislative Session, the General Assembly ADOPTED a State Code Amendment, which changed the entire "design-build" process, but did not go into effect until January 1997. This process establishes a Design-Build Commission and the local jurisdictions must adopt Resolutions advising they wish to perform the "design-build" concept and then the Commission has to approve same. There has not been enough experience with this Commission for cittzens to derive an understanding of this process. The City had authority for the Lake Gaston Project and the Courthouse; however, the City did not use this process on either of these projects. ITEM # 42825 Councilman Harrison referenced the City Manager's letter of November 17, 1997, to Dr. Jenney, Superintendent of Schools, regarding the employees health insurance increase of $5.00 per month, effective January 1, 1998. Councilman Harrison understands the City Manager had a plan in place to fund this by having each of the departments find these funds within their respective budgets, so the employees at least on the City side would not feel this pinch. The City Manager advised this was the plan before the revenue estimate was prepared. Councilman Harrison hoped the City could persevere with the original plan to find this $5. O0 increase for the City employees. If this can not be done through the respective budgets of the various departments, hopefully a mechanism can be found. ITEM # 42826 Council Lady Parker requested a report relative the Billboard issue on Shore Drive during the City Council Session of November 25, 1997. ITEM # 4282 7 Council Lady Parker referenced the beautification of Norfolk Avenue and inquired relative the purchase of the property from Norfolk/Southern Railway. Jim Lawson, Real Estate, advised this purchase is in the process of being closed now. Assistant City Attorney Mike Nuchols is in contact with Norfolk/Southern's attorney and hopefully the deal will be closed before the end of the year. The City Manager advised eventually this will be a park and trail system. November 18, 1997 - 20- ITEM # 42828 Vice Mayor William D. Sessoms, Jr. called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, November 18, 1997, at 1:22 P.M. Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members .4bsent: Harold Heischober, Mayor Meyera E. Oberndorf Reba S. McClanan and Louisa M. Strayhorn November 18, 1997 - 21 - ITEM # 42829 Vice Mayor William D. Sessoms, Jr. 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 MA ITERS: 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 (,4) (I). To Wit: Pendleton Child Service Management Board Tidewater Community College Board Resort ,4rea `4dvisory Commission 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 couM affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(,4)(3). To-Wit: Disposition of Property - Kempsville Borough Upon motion by Councilman Branch, seconded by Council Lady Parker, City Council voted to proceed into EXECUTIVE SESSION. Voting: 7-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, William W. Harrison, Jr, Barbara M. Henley, Louis R. Jones, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members ,4bsent: Harold Heischober, Mayor Meyera E. Oberndo~ Reba S. McClanan and Louisa M. Strayhorn November 18, 1997 - 22 - FORMAL SESSION FIR GINIA BEA CH CITY CO UNCIL November 18, 199 7 2:00 P.M. Vice Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, November 18, 1997, at 2:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, William W. Harrison, Barbara M. Henley, Louis R. Jones, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr Council Members Absent: Mayor Meyera E. Oberndorf [CHAMBER OF COMMERCE MEETING - SEA TILE, WASHING TON] Reba S. McClanan,. [OUT OF CITY- FAMILY BUSINESS] Harold Heischober [WIFE TO DOCTOR/HOSPITAL] Louisa M. Strayhorn [CHAMBER OF COMMERCE MEETING- SEA ITLE, WASHINGTON] INVOCATION: Rabbi Aaron Margolin Chabad Lubavitch of Tidewater PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AJl4E~CA Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed there were no 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 application that may come before City Council. Vice Mayor Sessoms' letter of January 1, 1997, is hereby made a part of the record. November 18, 1997 - 23 - CER TIFICA TION OF EXECUTIVE SESSION ITEM # 42830 Upon motion by Councilman Harrison, seconded by Council Lady Parker, 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 motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 7-0 Council Members Voting Aye: John A. Baum, Linwood 0 Branch, III, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober, Mayor Meyera E. Oberndo~ Reba S. McClanan and Louisa M. Strayhorn November 18, 1997 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 42829, Page 21, 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 Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in 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. Ruth Hodges Smith, CMC/AAE City Clerk November 18, 1997 - 24 - Item VI-F. 1. MINUTES ITEM # 42831 Ut~on motion by Council Lady Parker, seconded by Councilman Branch, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of No~,ember 4, 19~ 7. Voting: 7-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober, Mayor Meyera E. Oberndo~ Reba S. McClanan and Louisa M. Strayhorn November 18, 1997 - 25 - Item FI-G, 1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 42832 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION November 18, 1997 - 26- Item VI-G.2. PRESENT.4 TION ITEM # 42833 Clarence Warnstaff, Director of Public Utilities, read into the record notification of the City Clerk, Ruth Hodges Smith, dated November 16, 1982, to the City Manager, advising City Council on November 15, 1982, APPROVED that the City Administration and staff proceed immediately with an application for the U.S. Navy Corps of Engineers 404 Permit for the Lake Gaston alternative and contract for legal, financial and engineering consulting services, as necessary, to complete the project in a timely and economical manner. Fifteen years and three days ago, the City Council of the City of Virginia Beach realized the Lake Gaston Project. The Project was dedicated on November 7, 1997. The Members of the City staff wish to express appreciation to all current and past Members of City Council for their leadership in the past fifteen years. The project will be operational this month. All five large electric motors have been completely installed and the City will begin testing at the full 60-MILLlON gallons per day rate for the next several weeks to ensure the project works accordingly. Individual plaques in the shape ora drop of water and bearing the inscription "Lake Gaston Project Turning The Tide - Water For Our Future" "Dedication Celebration - November 7, 1997", were presented to the Mayor and Members of City Council, the City Manager, City Attorney and City Clerk. Vice Mayor Sessoms acknowledged special compliments the Qty Council Members serving in 1982 and now serving at the present time: Mayor Meyera E. Oberndor~, John A. Baum, Barbara M. Henley, Louis R. Jones, Harold Heischober and Reba S. McClanan Vice Mayor Sessoms extended appreciation to the Water Task Force: John A. Baum, Louis R Jones, City Manager, Scott Hart, Assistant City Attorney William Macali, Clarence Warnstaff and Thomas Leahy. November 18, 1997 -27- Item FI-I. RESOLUTIONS~ORDINANCES ITEM # 42834 Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council APPROVED BY CONSENT in ONE MOTION Ordinances/Resolutions 1, 2, 4, 5b., 6, 7, 8, 9, 1 O, 11, 12, 13, 14 and 15.. Item $ a. will be voted upon separately. Voting: 7-0 Council Members Voting Aye: John A Baum, Linwood O. Branch, III, Wilham W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: HaroM Heischober, Mayor Meyera E. Oberndo~ Reba S. McClanan and Louisa M. Strayhorn November 18, 1997 - 28 - Item VI-L1. RESOLUTIONS ITEM # 42835 Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADOPTED: Ordinance re amendments to the provisions of the water sales/water services contracts between the Cities of Virginia Beach and Norfolk re biennial adjustments of rates; and, authorize the City Manager to execute the amendments. Voting: 7-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood 0 Branch, III, William ~ Harrison, Jr, Barbara M. Henley, Louis R. Jones, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay' None Council Members Absent: Harold Heischober, Mayor Meyera E. Oberndorf Reba S. McClanan and Louisa M. Strayhorn November 18, 1997 AN ORDINANCE APPROVING AMENDMENTS TO THE PROVISIONS OF THE WATER SALES CONTRACT AND WATER SERVICES CONTRACT BETWEEN THE CITIES OF VIRGINIA BEACH AND NORFOLK PERTAINING TO BIENNIAL ADJUSTMENTS OF RATES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby approves the following amendment to subparagraph 6.4 of the Water Sales Contract between the City of Virginia Beach and the City of Norfolk, dated July 14, 1993: 6.4 Biennial Adjustment of Rates Within four (%) six (6) months after the end of every biennial fiscal year, Norfolk shall complete and submit to Virginia Beach a true- up schedule of rates and annual billings, prepared by an independent consultant of Norfolk's choice as described above, applicable to the previous two (2) fiscal years which reflects an allocation of costs of service based on actual cost and experience incurred by the Norfolk water system as shown in the audited books and records of Norfolk. 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby approves the following amendment to subparagraph 6.3 of the Water Services Contract between the City of Virginia Beach and the City of Norfolk, dated July 14, 1993: 6.3 Biennial Adjustment of Rates. Within four (4) six (6) months after the end of the second fiscal year, Norfolk shall complete and submit to Virginia Beach a true- up schedule of rates and annual billings applicable to the previous two (2) fiscal years which reflects an allocation of costs of service as set forth in subparagraph 6.1 based 40 41 42 on actual cost and experience incurred by the Norfolk water system as shown in the audited books and records of Norfolk. 43 44 45 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 46 47 48 That the City Manager is hereby authorized and directed to execute the aforesaid amendments on behalf of the City of Virginia Beach in a form satisfactory to the City Attorney. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on this 18 day of November , 1997. 51 52 53 54 CA-97-6827 wmmordres \ amend, orn R-1 October 31, 1997 APPROVED AS TO CO~X~ENT Department of Law - 29- Item VIoI.2. RESOLUTIONS ITEM # 42836 Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND the water emergency Ordinance (No. 95- 2350K) re conservation of the public water supply and to authorize the City Manager to rescind the order prohibiting certain uses of the public water supply system and provide for connections to the public water supply system. Voting: 7-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louts R. Jones, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay. None Council Members Absent: Harold Heischober, Mayor Meyera E. Oberndo~ Reba $. McClanan and Louisa M. Strayhorn November 18, 1997 AN ORDINANCE AMENDING ORDINANCE NO. 95-2350K, PERTAINING TO THE CONSERVATION OF THE PUBLIC WATER SUPPLY, BY AUTHORIZING AND DIRECTING THE CITY MANAGER TO RESCIND THE ORDER PROHIBITING CERTAIN USES OF THE PUBLIC WATER SUPPLY SYSTEM AND PROVIDING FOR CONNECTIONS TO THE PUBLIC WATER SUPPLY SYSTEM 8 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 11 That Ordinance No. 95-2350K, pertaining to the conservation of 12 the public water supply pending completion of the Lake Gaston Water 13 Supply Project, be, and hereby is, amended and reordained, and 14 shall read as follows: 15 Section 1. Declaration of --~r. crgcncy. 16 17 Although th k e La e Gaston Water 18 Supply Project is substantially complete, and the City of Virginia 19 Beach now has a safe, dependable and adequate supply of raw water, 20 the delay of the City of Suffolk in issuing conditional use permits 21 for the expansion of the Western Branch Pump Station and the 22 construction of new water transmission lines needed to deliver Lake 23 Gaston water to the City of Norfolk's water treatment plant has 24 given rise to a potential shortage of treated public water 25 supplies. Until improvements to the City of Norfolk's Western 26 Branch Pump Station and transmission lines are completed, Norfolk's 27 water supply system will have insufficient capacity to convey the 28 full amount of water from the Lake Gaston Water Supply Project. 29 Therefore, in order to ensure that the citizens of Virginia Beach 30 have a safe and adequate domestic water supply notwithstandinq the 31 foregoing limitations, the City Council deems it necessary to 32 maintain certain restrictions upon connections to the public water 33 supply system and to evaluate the ability of the system to meet 34 reasonably foreseeable water demand. 35 Section 2. 36 Prohibition of new connections to the public water supply system. 37 Except as provided in Section 3 of this ordinance, there shall 38 be no new connections to the City water system until such time as 39 41 Norfolk's raw water conveyance facilities are substantially 42 complete and such new connections are authorized by ordinance. 43 Section 3. Exemptions. 44 Notwithstanding the provisions of Section 2 of this ordinance, 45 connections to the City water system will be allowed, but not 46 required, in the following cases if all other requirements of law 47 pertaining to such connections have been met: 48 (a) Lots abutting a City water main on Fcbruary 11, 1992 49 November 18, 1997, '--~-- ~ .......... his --^~ ....... ~- .................... ~ ............. titlc has 50 dm~t parti~m ....... paying ~ cost ~ constructmng ~m^ -~ %,./3.. %.,,, ,~ .L %,... L L L{,.,4..L..L .L ; 51 provided, however, that the total water demand resulting from 52 development of any such lot, as subdivided, shall not exceed the 53 maximum potential water demand which could result from the lawful 54 development on the lot of any permitted principal use, or 55 combination of such uses, in the zoning district in which such lot 56 is located. The Director of Public Utilities shall determine the 57 water demand of any proposed use, based upon the application of 58 accepted engineering practices and comparative water usage rates 59 for similar uses; 60 61 62 63 64 66 68 69 70 water projects funded solely by the Water and Sewer Enterprise 71 72 73 74 75 76 77 water; 78 ~ (c) Public and other schools satisfying the compulsory 79 education requirements of Section 22.1-254 of the Code of Virginia, governmental facilities, recreational or cultural facilities 81 in which a governmental entity has a financial or proprietary 82 83 -~ ~ ....... 'ial .......... ~ ..... ~"~ certified nursing 84 facilities and hospitals, as defined in Section 32.1-123 of the 85 Code of Virginia, and facilities of public service companies 86 regulated as public utilities under Title 56 of the Code of 87 Vir nia, ......... alt ..... t~'''~ ~'- ..... ~: ~= availablc; 88 3~e+ (d) Residential neighborhoods served by privately-owned 89 water systems, where the City Council has determined, by 90 resolution, to acquire such systems; and 91 (e) Lots to be served by water distribution systems for which 92 construction plans meeting all applicable requirements have been 93 submitted to the City on or before November 12, 1997, and have not 94 expired; and 95 96 ........... ~ .................... ~***~ F~,,,*~ przcr to thc 98 99 100 ^~^-~- ~-~ Lots created after July 15, 1994 which are to be served 101 by water distribution systems for which approved construction plans 102 have expired, if such plans are resubmitted by no later than 103 December 18, 1997. 104 105 106 107 108 109 110 111 112 113 114 116 Section 4. Construction of water distribution systems. 117 Public 118 water distribution systems or fire hydrants, or both, ...... ~'~ ~'-' 119 required pursuant to Section 5.8 of the Subdivision Ordinance or 120 Section 5 of the Site Plan Ordinance, or any similar successor 121 ordinance or requirement,~=~"~ for thc provz 123 124 .... ~'-- ~ ~ffc-t 125 126 127 following conditions: 128 ~ (a) Except as otherwise provided in this 129 ordinance, connections of individual lots to 130 the City water system shall not be permitted; 131 and 132 3~Z~r (b) The minimum allowable private well system for 133 individual lots shall be a two (2) - inch 134 single pipe deep well ejector system which 135 meets all requirements of the Virginia Health 136 DepartmentT 137 138 139 140 141 142 143 144 145 146 147 148 ~ 149 (5) A performance bond or other surety, in a form 150 satisfactory to the City Attorney and in an amount 151 no less than twenty (20) per cent of the total 152 construction cost of the water distribution system 153 154 shall be required. Such bond or other surety shall remain in full force and effect until such time as 155 connection to the City water system is fully 156 integrated and the water distribution system is 157 accepted by the City. 158 159 Section 5. Deferral of neighborhood water projects. 160 161 162 163 164 165 166 167 168 169 170 171 172 protcct~ ........ ~- .... 1~ ~; 1~' ty purpos .... ~ ..... 173 174 175 · 176 177 178 179 180 Section 6. Prohibition of certain uses of the public water supply. City Manager is hereby authorized and directed to rescind, as of November 19, 1997, the order ~ .... ~~- ~ .... ~ .............. prohibiting the uses of the public water supply enumerated in Section 37- 21 of the City Code~ 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 201 202 203 204 205 206 207 208 209 Section 7. Conflicting, etc. ordinances. (a) The provisions of Section 37-5(a) and (b) of the City Code, pertaining to mandatory connections to the public water 210 supply system, are hereby suspended during the period this 211 ordinance remains in effect. 212 (b) In the event any other ordinance, resolution, regulation, 213 policy or standard of the City shall conflict, or be inconsistent, 214 with the provisions of this ordinance, the provisions of this 215 ordinance shall control. 216 Section 8. Severability. 217 The provisions of this ordinance shall be deemed to be 218 severable, and in the event one or more such provisions shall be 219 adjudged or declared to be invalid or unenforceable by a court of 220 competent jurisdiction, the remaining provisions shall be 221 unaffected thereby and shall remain in full force and effect. 222 Section 9. Transition provisions. 223 [Repealed] 224 225 226 227 228 229 230 231 ~. A &%.. ww ~ ~. %.. ~. %.4..&. ~ %....&..I. J,,.,' ~.4. ~...L.V.J..L ~,.; .Ly i,-; %,. ,~.., L L L ~ %,..&.. V ..&.. ,L ,L~ ~ ~4,%,~ J. m, %..4,%.. V %,...L.V.~ L L L%.. 3, .I. %.. %.. V L L LL L L%..,..L ,L%.. %.,. b.; %.,~ ,.L. 232 233 234 235 236 237 240 241 Section 10. Conditional use permits. 242 No conditional use permit granted by the City Council shall 243 become void by reason of failure to commence the construction or 244 use authorized by such conditional use permit within the period of 245 time set forth in Section 221 of the City Zoning Ordinance, if such 246 failure is the result of the application of the provisions of this 247 ordinance to the property to which the conditional use permit 248 pertains. In such cases, use or construction in accordance with 249 the terms of the conditional use permit must commence within six 250 (6) months of the date upon which the property becomes eligible for 251 connection to the City water system or the conditional use permit 252 shall be void. 253 Section 11. Lots served by potable water wells. 254 The following requirements shall apply to all lots created 255 after July 15, 1994, except lots served by the public water supply 256 system and lots eligible for connection to the public water supply 257 system pursuant to the provisions of this ordinance: 258 (a) No lot located in a residential or apartment zoning 259 district shall contain less than forty thousand (40,000) square 260 feet of area, unless the Director of Public Utilities finds that 261 the use of wells on smaller lots will have no adverse effect upon 262 the quality or quantity of groundwater within the proposed 263 subdivision or adjacent or nearby areas; and 264 (b) No lot shall contain less than the minimum area required 265 by applicable provisions of the City Zoning Ordinance or ten 266 thousand (10,000) square feet, whichever is greater. 267 Section 12. Evaluation of Public Water Supply. 268 The City Manager is hereby authorized and directed to evaluate 269 the availability and sufficiency of public water supplies and 270 facilities, including the available supply of raw water, water 271 demand, the status of construction of improvements to the City of 272 Norfolk's water supply system, and other relevant factors, and to 273 report to the City Council his findings and conclusions, including 274 findings and conclusions relative to the need for continued 275 restrictions upon new connections to the public water supply 276 system, by September 1, 1998. 277 278 This ordinance shall supersede Ordinance No.95-2350K, adopted 279 by the City Council of the City of Virginia Beach on October 3, 280 1995. 281 282 Adopted by the City Council of the City of Virginia Beach on this 18 day of November 1997. 283 284 285 286 CA-6818 WMM/ORDRES/WEOAMD. ORD R-6 November 5, 1997 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: Department of Public Utilities Department of Law 10 - 30- Item VI-I.3. RESOLUTIONS ITEM # 4283 7 Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND Chapter 18 (Sections 18-5.2, 18-16, 18-88 and 18-I07) of the City Code re Business Licenses, by clarifying and correcting outdated language; and, REPEAL Section 18-66. Voting: 7-0 (By Consent) Council Members Voting Aye: John A. Baum, Ltnwood 0 Branch, III, William W. Harrison, Jr, Barbara M. Henley, Louis R Jones, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober, Mayor Meyera E. Oberndorf, Reba S. McClanan and Louisa M. Strayhorn November 18, 1997 AN ORDINANCE TO AMEND CHAPTER 18 OF THE CITY CODE, PERTAINING TO BUSINESS LICENSES, BY CLARIFYING AND CORRECTING OUTDATED LANGUAGE IN SEVERAL SECTIONS SECTIONS AMENDED: 18-5.2,18-16,18- 88, AND 18-107 SECTION REPEALED: 18-66 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 12 That Section 18-66 of the Code of the City of Virginia Beach, 13 Virginia, is hereby repealed, and Sections 18-5.2, 18-16, 18-88, 14 and 18-107 are hereby amended and reordained to read as follows: 15 Sec. 18-5.2. License fees and taxes. 16 Effective January 1, 1997, every person required by section 17 18-5 of this chapter to have a business license shall pay the 18 following license fees and taxes, as applicable, unless 19 specifically provided otherwise: 20 (a) Businesses with gross receipts during the preceding 21 1 d y f ~ ......... ~-~ te~ nn~ ~ ty ca en ar ear o ~ ..... ~ ~ .... ~ ~ twen - 22 five thousand dollars ($25,000.00)or less shall pay a fee 23 of forty dollars ($40.00); 24 . . 25 26 Sec. 18-16. Penalties and interest for late payment of taxl interest on refunds. 27 . · 28 (b) Interest shall be charged on the late payment of the tax 29 from the due date until the date paid without regard to fault or 30 other reason for the late payment. Interest shall be imposed at a 31 rate of 9.6 percent per annum during the first year of delinquency 32 and at the rate of 10.8 percent per annum during the second and 33 subsequent years of delinquency. Whenever an assessment of 34 additional or omitted tax by the commissioner of the revenue is 35 found to be erroneous, all interest and penalty charged and 36 collected on the amount of the assessment found to be erroneous 37 shall be refunded together with interest on the refund from the 38 date of payment or the due date, whichever is later. Interest shall 39 be paid on the refund of any license tax paid from the date of 40 payment or due date, whichever is later, whether attributable to an 41 amended return or other reason. Interest on any refund shall be 42 paid at the same rate charged for late payments under this section. 43 4 · · · 45 Sec 18 66 ~--~ .... ~-- · - ............ ~ ........ Reserved· 46 47 48 Sec. 18-88· Medical and other health service businesses· 49 (a) The license tax rate for ~_every person engaged in any 50 medical or other health-service business shall pay 1~--- ~- 51 ~ ......... ~ ........ ~0.00 or be 0.36 percent of the gross 52 receipts in such business during the preceding calendar year. 53 (b) Medical and other health service businesses referred to in 54 this section shall include those businesses set out below and any 55 miscellaneous medical and other health service businesses not 56 elsewhere classified: 57 (1) Medical or dental laboratories, provided such 58 laboratories are not substantially engaged in 59 manufacturing. 60 (2) Sanatoria and convalescent and rest homes. 62 Sec. 18-107. Telephone service. 63 64 65 any~=~-~ .............. tut ........... tcd St~t .... 67 68 · b in ty 70 Every telephone company or person providing telephones or 71 telephone service shall pay a license tax equal to one-half of one 72 73 percent of the qross, receipts accruing from sales to the ultimate consumer in the city. However, charges for long distance telephone 74 calls shall not be included in gross receipts for the purposes of 75 license taxation. 76 Adopted by the City Council of the City of Virginia Beach on 77 this 18th day of November, 1997. 78 79 8O CA-6764 DATA/ORDIN/PROPOSED/18-16ETC.COM NOVEMBER 7, 1997 R7 APPROVED AS TO CONTENT Commissioner of the Revenue APPROVED AS TO LEGAL SUFFICIENCY Department of Law - 31 - Item VI-I. 4. RESOLUTIONS ITEM # 42838 Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize the City Manager to execute a lease re provision of services with Volunteers of America Chesapeake, Inc., for the "Lighthouse Day Center"for the Homeless at the Beach Borough Services Center in Virginia Beach. Voting: 7-0 (By ConsenO Council Members Voting ~4ye: John ,4. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members .4bsent : Harold Heischober, Mayor Meyera E. Oberndorf, Reba S. McClanan and Louisa M. Strayhorn November 18, 1997 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH VOLUNTEERS OF AMERICA CHESAPEAKE, INC. FOR THE LIGHTHOUSE DAY CENTER FOR THE HOMELESS BUILDING AT THE BEACH BOROUGH SERVICES CENTER IN THE CITY OF VIRGINIA BEACH WHEREAS, on February 6, 1996, City Council adopted ordinance ORD96-2370C, accepting and appropriating an $800,000 Special Purpose Grant from the Federal government pursuant to the authority of Public Law 103-327 to be used for capital costs associated with innovative homeless activities; WHEREAS, the City of Virginia Beach has utilized these funds to build the Lighthouse Day Center for the Homeless Building at the Beach Borough Services Center in the City of Virginia Beach. This building should receive its occupancy permit on or about November 24, 1997; WHEREAS, Volunteers of America Chesapeake, Inc., (hereafter the "VOA", )a non-profit 501(c) (3)organization serving the needs of the homeless, has received a Federal grant to provide the staff and services to operate a day center for the homeless in the City of Virginia Beach from the present until April 15, 2000; WHEREAS, the City of Virginia Beach will not have to provide funding for serving the daytime needs of the homeless in the City of Virginia Beach until April 15, 2000 due to this Federal grant being awarded to the Volunteers of America Chesapeake, Inc.; WHEREAS, the terms of the city's Special Purpose Grant from the Federal government require that the city's Lighthouse Day Center for the Homeless Building be used for serving the needs of the homeless; WHEREAS, the attached Lease between the City and the Volunteers of America Chesapeake, Inc. leases the Lighthouse Day Center for the Homeless Building to the VOA during the term of their Federal grant conditioned upon several requirements, notably that the VOA must comply with the terms of the City's Special Purpose Grant in serving the needs of the homeless in Virginia Beach and that the property will not be used as an overnight shelter for the homeless. 39 40 41 42 43 44 45 46 47 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized and directed to execute a Lease on behalf of the City of Virginia Beach with the Volunteers of America, Inc. for the Lighthouse Day Center for the Homeless Building, which Lease shall be in substantial conformance with the Lease attached hereto as "Exhibit A". Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 day of November , 1997. 48 49 50 51 CA-6832 ORD IN\NONCODE \ CA6832 . ORD R-2 PREPARED: 11/06/97 52 53 54 55 56 57 58 59 60 APPROVED AS~CONTENTS: Hd~silT~ndl N~E~h~ornoo Pr~sevation APPROVED AS TO CONTENTS: blic WorksyReal Estate APPROVED AS TO LEGAL SUFFICIENCY AND FORM: La'~f Dep~rt~ent - City of Virginia Beach Fact Sheet THE LIGHTHOUSE SERVICE CENTER FOR THE HOMELESS December, 1997 Purpose The Lighthouse Center will serve the homeless in the City of Virginia Beach. The Center is a city- owned facility constructed for the purpose of providing a central location for the provision of comprehensive, coordinated support services and ease management which will enable homeless individuals to improve their living conditions, physical and mental health and income levels. The overall goal of the Center is to foster self-sufficiency through education, vocational training and referral to community resources. In addition to daytime programs, the Center will also serve as the staging area for the Winter Shelter Program, in which the homeless are transported to area churches and synagogues and receive shelter and an evening meal. The Center's programs will be operated by Volunteers of America Chesapeake, Inc. a non-profit organization, under contract with the City. Volunteers of America currently provides day services to the homeless at a rented facility, and has been the operator of the Winter Shelter program for many years. The Continuum of Services for the Homeless The Lighthouse Center is only one part of a system of services to the homeless that exists in Virginia Beach. Through the efforts of citizens, the faith community and the City, with support from the Federal and State governments, a variety of programs to serve homeless people with many different types of needs has been created. The Lighthouse Center is one part of our response to the specific needs of individual homeless persons with significant obstacles to achieving self sufficiency. Additional resources that either exist or are planned to assist this population, include the ongoing Winter Shelter program; transportation services; and transitional housing that will provide mid-term low cost housing for those able to make progress toward self sufficiency. Facility Description The Center is a one story, 3,000 square foot structure containing the following amenities: office space, conference room, large central activity room, storage, kitchen, laundry facilities, showers and personal care area, lockers, phone and work space for clients and reception areas. Hours of Operation From mid-April through mid-October, the Center will operate from 9AM to 4PM, Monday through Friday. From mid-October -through mid-April, the Center will operate from 8 A.M. to 9 P.M, seven days a week. These longer hours are necessary to conduct the Winter Shelter program. Programs Day Services Program The Day Services Program will be open to all homeless persons wishing to participate. Each program participant will meet with a counselor to develop short and long-term goals and a self- sufficiency plan. The plan will outline client needs and the appropriate services and programs. VOA staff will offer certain programs at the Center as well as make office space available for other agencies and organizations, such as Social Services or Mental Health to meet with clients. VOA will also refer and transport clients to the outside resources. On-site services will include needs assessment, ease management, phone access, support groups, mental health and substance abuse counseling, Life skills classes, mentoring and access to personal hygiene facilities. Winter Shelter Program The Winter Shelter Program is a seasonal emergency shelter program that houses persons in need in local churches and synagogues. Between October and April, the hosting church or synagogue provides overnight lodging and food to the homeless for one week at a time. The Center will support the Winter Shelter Program by providing a location for the homeless to gather in the evening before being transported to the hosting church or synagogue. In the morning, the clients will be transported back to the Center so that they may participate in the Day Services Program or proceed to work or school. Funding Funding for the construction of the Center was provided by a Special Purpose Grant from the United States Congress, through the Dept. Of Housing and Urban Development. It was obtained as a result of a collaborative effort involving Volunteers of America, Virginia Beach City Council, Virginia's Senators, and a coalition of the faith community. The grant was provided to fund "capital costs associated with innovative homeless activities". The actual construction cost for the Lighthouse Services Center will be available upon completion of construction, approximately early December 1997. The balance of the grant is being used to support other homeless programs. Operating funds have been provided by another grant from HUD to Volunteers of America, grants from the City of Virginia Beach as well as numerous private donations. Opening Schedule The Lighthouse Center will be dedicated on December 7, 1997, and begin operation in January, 1998. INVITATION The Mayor and Members of Virginia Beach City Council, in partnership with Volunteers of America and the Winter Shelter Faith Community invite you to celebrate the dedication of The Lighthouse Center, providing services to the homeless of Virginia Beach. Sunday December7, 1997 2 p.m. Located at the comer of Washington and 18th Streets RSVP by December 3 to 425-9335 Capacity limited LE&SE TER~ SHEET DEPARTMENT: Housing and Neighborhood Preservation PREMISES DESCRIPTION: Lighthouse Day Services Center for the Homeless Building (3500 Sq. Ft.) at the Beach Borough Services Center, Virginia Beach, Virginia (18th and Washington Streets) TENANT: Volunteers of America Chesapeake, Inc., a non-profit 501(c) (3) organization. INITIAL LEASE TERM: Approximately two years and five months, beginning November 24, 1997 or as soon as the building is issued an ~ occupancy permit and ending April 15, 2000, when the Tenant's Federal grant to provide the staff and services to operate a day center serving the needs of the homeless in Virginia Beach expires. RENEWAL OPTION(S): Only upon written extension. RENT:(A) $1.00 annually (Tenant is serving the needs of the homeless in Virginia Beach at no cost to city due to Federal grant) (B) Escalator: none (C) Other Costs: (i) Maintenance:Maintenance of building, utilities, minimal weekly housekeeping and groundskeeping services to be provided by City to Tenant. TERMINATION PROVISIONS: (a) Nonappropriat ion (b) Casualty (c) Thirty day's notice at any time (d) Default OTHER SI~NIFICANTPROVISIONS: Building not to be used as overnight sleeping facility for the homeless; Tenant must comply with all of the grant requirements under City's Special Purpose Grant from the Federal Government(Building was built with Special Purpose Grant Funds for the Homeless); Tenant must comply with its Policies and Procedures manual and its Day Support Services Participant Handbook which regulate the activities of Tenant's staff and the homeless persons utilizing the Center. THE LI(3HTHOUSE DAY SERVICES (~ENTER FOR THE HOMELESS BUILDING LEASE THIS AGREEMENT made as of the 5th day of November, 1997, by and between the City of Virginia Beach, Virginia, a municipal corporation of the Commonwealth of Virginia, (hereinafter the "City") and the Volunteers of America Chesapeake, Inc., a Virginia corporation, (hereinafter the "VOA"). WITNESSETH: That the City, for and in consideration of the rent and covenants and agreements to be kept and performed by the parties hereto, agrees to rent and does by these presents hereby rent to the VOA, and the VOA does hereby accept said lease upon the terms and conditions set forth herein, all that certain piece, parcel or tract of land, together with any and all appurtenances thereon, belonging, lying, situate and being, in the City of Virginia Beach, Virginia, described in Exhibit A, attached hereto (the "Premises"). The City and the VOA hereby agree that this Lease is conditioned upon the following terms, conditions, and covenants: 1. Term. The term of this Lease shall be for a period of approximately two and a half (2 1/2) years, commencing on November 24, 1997, or as soon thereafter as an occupancy permit is issued on the new building being constructed on the Premises, (the "Building") and ending at midnight on April 15, 2000. The termination date corresponds with the ending date of VOA's current Federal grant to operate a day services program for the homeless in Virginia Beach. This lease may be renewed only upon execution of a written extension by both parties. 2. Rent. The total rent for the term hereof shall be one dollar ($1.00) per annum, which the VOA shall pay to the City, in advance, at such place as may be designated by the City. 3. Use. The VOA will use and occupy the Premises exclusively for the purpose of providing day services to the homeless, under a Federal grant to the VOA to include counseling, training, showers, education, and referrals to other agencies for a variety of other services off-site. During the period fi.om April 15th to October 15th of each year, "the summer months period", hours of operation will be at a minimum fi.om 8 a.m. to 4 p.m., Monday through Friday. During the period from October 15 to April 15th of each year, "the winter months period", the VOA is to use the subject property for the day services identified above and also as an in-take site and drop-off site for the winter shelter program for the homeless whereby homeless individuals are transported to participating area churches or synagogues to sleep overnight and returned to the premises the following moming. During the winter months period, hours of operation are at a minimum 8 a.m. to 4 p.m. Monday through Friday for day services and 4 p.m. to 8:30 p.m. daily for ~n-take for the winter shelter program. The Premises are not to be used as an overnight sleeping facility except in an emergency upon the prior approval by the City Manager's Designee. The Building has been built with Federal funds granted to the City as "Special Purpose Grant VA36SPG505" under Public Law 103-327 for an innovative homeless assistance demonstration program. The VOA covenants and agrees to abide by, observe and comply with all Federal, State, and Municipal laws, ordinances and regulations applicable to its use and occupancy of the Premises and with any covenants and restrictions to which the Premises are now or may hereafter be made subject by the City and further covenants that it will not do or permit any act or thing or omit any act or thing which conflicts or otherwise fails to comply with the requirements for maintaining the building's status under the above-described Federal grant. The VOA further covenants that it will not do or permit any act or thing or omit any act or thing which conflicts or otherwise fails to comply with the terms of any policy of insurance covering the Premises. In the use of the Premises, the VOA will comply with and enforce all of its policies and procedures at all times as contained in the Volunteers of America Chesapeake, Inc. Policies and Procedures Manual Dated 2/23/95 and as amended and the Volunteers of America Chesapeake, Inc. Day Support Services Participant Handbook dated September, 1997, and as amended, both of which are in Exhibit C attached hereto. Additional permitted uses of the Premises include use by other agencies directly serving the homeless or citizens providing direct service to the homeless. The VOA may prescribe reasonable requirements for such additional uses. No fundraising activities are permitted on the Premises except upon the prior written approval of the City Manager's Designee. The VOA shall not use nor permit the Premises to be used for any purpose other than as stated in this section of the Lease without the City's prior written consent. 4. Notice. Any notice provided for or required by this Lease shall be deemed to have been delivered on the date that such notice has been personally delivered or deposited in the U.S. Mail, first class, return receipt requested, postage prepaid and addressed as follows: (A) To the City: Director, Department of Housing and Neighborhood Preservation Municipal Center City of Virginia Beach Virginia Beach, Virginia 23456 (B) To the VOA: Sharon Solloway Volunteers of America Chesapeake Inc. 9854 Business Way Manassass, VA 22110 5. ..Attachments. The following documents are attached hereto and such documents shall be incorporated herein by reference: (A) Exhibit A - Legal Description of Property (A) Exhibit B - Insurance Obligations (B) Exhibit C - Volunteers of America Chesapeake, Inc. Policies and Procedures Manual Dated 2/23/95 and as amended and the Volunteers of America Chesapeake, Inc. Day Support Services Participant Handbook dated September, 1997, and as amended 6. Termination. The City or the VOA may terminate this Lease with thirty (30) days advance notice, for any reason it considers appropriate, with no further obligation. Notwithstanding the above, in the event of violation of any Federal, State or city statute or ordinance or in the event of use of the Premises in any manner not authorized in this Lease, the City may terminate this Lease with 24 hours notice. 7. Default. If, a~er receiving written notice fi.om the City, the VOA fails to cure a default within twenty (20) days thereafter or within such additional time as may be reasonably necessary, of any covenant or agreement to be performed by the VOA herein, or causes material damage to or neglects the Building, the City may reenter the Premises, and terminate the Lease. In addition, the City shall retain the right to sue for damages as allowed by law and to pursue such other remedies as are available at law or in equity. 8. Indemnification. The VOA agrees to indemnify the City against all liabilities, expenses and losses incurred by the City as a result of (a) failure by the VOA to perform any covenant required to be performed by the VOA hereunder; (b) any accident, injury, or damage which shall happen in or about the leased Premises or resulting from the use of the leased Premises. The City shall not be liable for any loss, injury, death, or damage to persons or property which at any time may be suffered or sustained by the VOA or by any person whomsoever may at any time be using or occupying or visiting the Premises or be in, on, or about the same, whether such loss, injury, death, or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of the VOA or any occupant, visitor, or user of any portion of the Premises, or shall result from or be caused by any other matter or thing whether of the same kind or of a different kind than the matters or things above set forth. The VOA shall indemnify the City against all claims, liability, loss, or damage whatsoever on account of any such loss, injury, death, or damage. The VOA hereby waives all claims against the City for injuries to person or property in or about the Premises, from any cause arising at any time. The VOA further agrees to defend, indemnify, and hold harmless the City, its employees, agents, and volunteers from any and all liability and/or damages for injuries to persons or damage to property arising out of the acts or omissions of the VOA, the VOA's agents or employees under this Lease. 9. Ci _ty/VOA Services and Maintenance. City shall, at City cost: (A) Maintain in good condition and repair the Premises, including all buildings and improvements, to include washer(s), dryer(s), stove and sidewalks and landscaping; (B) Provide payment for all utility costs and fees as pertain to electricity, heating, air conditioning, fuel, water, sewer and solid waste collection; (C) Provide minimal weekly housekeeping services; and (D) Approve in advance the acquisition or installation of any equipment it is expected to maintain. The grounds of the Premises will be maintained in a manner consistent with the appearance of the rest of the Beach Borough Services Center. The City shall have access to the Building at all times for inspecting, maintaining, reexamining or repairing the Building or its improvements, for providing utilities and housekeeping services, for Housing and Neighborhood Preservation monitoring purposes or for any related purposes and may enter at any time for emergency repairs. However, the City shall not unreasonably interfere with the VOA's use of the Building. The City shall have the right to establish reasonable rules and regulations governing the use and occupancy of the Premises. The VOA shall not perform any repairs upon the premises, structural or otherwise, unless minor in nature and approval of the City is first obtained, but shall use its best efforts to maintain the Premises in a neat and orderly condition. No changes, alterations or additions to the structure of the Building or its mechanical systems may be made without the approval of the City. Upon the termination of this Lease, the VOA shall deliver the Building to the City in "broom clean" condition, excepting ordinary wear and tear or loss or damages caused by fire or other casualty. The VOA shall: pay for telecommunications fees and services and other utilities unless specified to be paid by the City; and provide written security procedures designed to reasonably protect the Building against damage, such procedures to be approved by the City. 10. Fumishings. The VOA is hereby expressly given the right, at any time during its tenancy to remove its fixtures and other personal property, but shall not be obligated to do so; provided however, the VOA will make reasonable repairs to the Building for any physical injury caused thereto by such removal. At the expiration of the Term, should the VOA fail to remove all fixtures and other personal property, the VOA shall be deemed to waive all tights to any such fixtures or personal property not so removed. There shall be maintained at the VOA's expense, at all times when any change or alteration is in progress, worker's compensation insurance in accordance with law coveting all persons employed in connection with the change or alteration, and general liability insurance for the VOA coveting the additional hazards resulting from the change or alteration. 11. Fire or Casualty. Except as otherwise provided herein, in the event the Building, or improvements on the Premises or any part thereof are damaged or destroyed by fire or other casualty, the City may elect to terminate this Lease effective as of the date of the casualty. All insurance proceeds arising fi'om such damage or destruction shall be made available to the City and the VOA, as their interests may appear. The City is not obligated to rebuild the Building in the event of damage or destruction by fire or other casualty. 12. Assignment and Subletting. The VOA shall not assign this Lease in whole or in part or sublease all or any part of the Premises. 13. Surrender. Upon the expiration or earlier termination of this Lease, the VOA shall surrender to the City the Premises in a broom clean condition, reasonable wear and tear excepted. Any personal property belonging to the VOA and left on the Premises after such expiration or termination of this Lease shall be deemed to be abandoned, at the option of the City. 14. $everability. If any provision of this Lease or its application to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected, and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. 15. Rules an0 R~gulations. The VOA, on behalf of itself and its agents, employees, contractors, invitees and licensees, hereby agrees to observe and strictly comply with all reasonable rules and regulations, adopted by the City from time to time with respect to the occupancy of or operations on the Premises. The City shall not be liable for the nonobservance or violation by the VOA, or any agent, employee, contractor, invitee or licensee of the VOA, of any such rules and regulations. 16. Required Approvals. All approvals required within the wording of this Lease must be obtained in writing prior to implementation or acquisition. The official contact and representative of the City and the City Manager's Designee for administering this Lease is Director of the Department of Housing and Neighborhood Preservation, unless otherwise stated. 17. Non-Discrimination. During the performance of this lease, the VOA agrees as follows: a) The VOA will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification/consideration reasonably necessary to the normal operation of the VOA; b) The VOA agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause; c) The VOA, in all solicitations or advertisements for employees placed by or on behalf of the VOA, will state that such VOA is an equal opportunity employer; d) Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements herein; and e) The VOA will include provisions of the foregoing subparagraphs, a, b, c and d in every contract or purchase order of over ten thousand dollars ($10,000.00) involving the Premises, so that the provisions will be binding upon such contractor or vendor. 18. Compliance with Federal Law. The VOA shall comply with all federal regulations now in effect or as hereafter adopted, in the performance of its obligations set forth herein, not limited to the following: a. All the rules and regulations of Public Law Number 103-120 and Public Law Number 130-327. b. All the rules and regulations of Section 109, Title I of the Housing and Community Development Act of 1974 are applicable to this Contract, including the following clause: "No person in the United States shall on the ground of race, color, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title". c. Copeland "Anti-Kickback" Act (18 USC 874) as supplemented in Department of Labor regulations (29 CFR, Part 3). This Act provides that each Contractor or subgrantee shall be prohibited from inducing by any means, any person employed in the construction, completion, or repair of public work, to give any part of the compensation to which they are otherwise entitled. d. Title VI in the Civil Rights Act of 1964 as amended. The VOA is to practice nondiscrimination in any activity funded in whole or part by any Federal agency. Also, E.O. 11246, - Equal Employment Opportunity as amended. Additionally, E.O. 11625, 22432 and 12138. The VOA should make efforts to encourage the use of minority and women's business enterprises. e. Section 504 of the Rehabilitation Act of 1973, as amended, and Presidential Executive Order 11914 of 1974, as amended. The VOA is to practice nondiscrimination on the basis of handicapped status in employment or business affairs resulting from Federal or federally assisted Contractors. f. Certification of Nonsegregation Facilities. The certification provides that the VOA does not maintain or provide for employee facilities which are segregated on the basis of race, creed, color, religion, sex, handicap, familial status or national origin, whether such facilities are segregated by directive or on a de facto basis. The certification also provides that it will not maintain such segregated facilities. g. Certification of the Drug-Free Workplace Act of 1988 (24 CFR Part 24, Section 24.615 and 24.620). The VOA certifies that, as a condition of this lease, the VOA will not engage in the unlawful manufacture, distribution, dispensing, possession or use of 10 a controlled substance in conducting any activity on the Premises. h. Certification of the Fair Housing Act (42 U.S.C. 3600- 3620) and 24 CFR Part 104. The VOA is to affirmatively further fair housing, Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. No person shall be subjected to discrimination because of race, color, religion, sex, handicap, familial status, or national origin in the sale, rental, or advertising of dwellings, in the provision of brokerage services, or the availability of residential real estate -- related transactions. i. Religious Activity. The VOA shall not use the Premises for religious activities or provide the Premises to primarily religious entities for any activities including secular activities unless expressly allowed under applicable rules and regulations to the Community Development Act of 1980, as amended. j. The regulations contained in OMB Circulars Nos. A87, A-110 and A-122 AND 24 CFR Part 85 "Common Rule", as they relate to the acceptance and use of Federal funds. 19. Environmental Concerns. City hereby represents to the VOA, that to the best of the City's knowledge, without the requirement for independent investigation, no hazardous material such as petroleum products, asbestos and any other hazardous or toxic substance has been used, disposed of, or is located in either the Building located on the Premises or the soil or 11 groundwater on or under the Premises. Any costs associated with violations of the law including, but not limited to, remediations, clean up costs, fines, administrative or civil penalties or charges, and third party claims imposed on the City by any regulatory agency or by any third party as a result of the noncompliance with Federal, state or local environmental laws and regulations or nuisance statutes by the VOA or by its employees, clients, invitees, guests, contractors, consultants, subconsultants, or any other persons, corporations or legal entities retained by it for the Premises, shall be paid by the VOA. 20. Liens - VOA's Duty to Keep Premises Free of Liens. The VOA shall keep all of the Premises and every part thereof and all buildings and other improvements at any time located thereon flee and clear of any and all mechanics, materialmen, and other liens for or arising out of or in connection with work or labor done, services performed, or materials or appliances used or furnished for or in connection with any operations of the VOA, any alteration, improvement or actions which the VOA might make or cause to be made by person or persons other than employees or contractors or agents of the City, on or about the Premises, and at all times promptly and fully pay and discharge any and all claims upon which such lien may or could be based, and to indemnify the City against all such liens and claims of liens and related lawsuits. 21. q;oveming Law: This Lease shall be construed and govemed by the applicable laws of the Commonwealth of Virginia. Any suit brought to enforce the terms of this Lease or arising fi.om the rights, liabilities or obligations set forth herein shall be filed in the Court of competent jurisdiction in the City of Virginia Beach. 22. l~ompliance With Laws. The VOA agrees to abide by and comply with all Federal, state and municipal laws, ordinances and regulations, as amended, applicable to its use and 12 occupancy of the Premises. The VOA covenants and agrees to abide by, observe and comply with all of the laws and regulations applicable to the use of the Building under the Federal grant given the City under Public Law 103-327 and further covenants that it will not do or permit any act or thing or omit any act or thing which conflicts or otherwise fails to comply with the requirements for maintaining the Building's status under this Federal grant. 23. Compliance with Policies. Procedures. Manuals and Handbooks. In the use of the Premises, the VOA will comply with and enforce all of its policies and procedures at all times as contained in the Volunteers of America Chesapeake, Inc. Policies and Procedures Manual Dated 2/23/95 and as amended and the Volunteers of America Chesapeake, Inc. Day Support Services Participant Handbook dated September, 1997, and as amended, both of which are in Exhibit C attached hereto. 24. Non-Profit Status and Corporate Authority. The VOA gives assurance that and certifies that: a. It is a tax exempt organization and a 501(c)(3) non-profit organization under the United States Intemal Revenue Code and shall maintain such standing during the term of this b. It is a corporation authorized to do business in the Commonwealth of Virginia and shall remain active and in good standing with the Virginia State Corporation Commission during the term of this Lease. c. Its President and Chief Executive Officer is duly authorized to execute this Lease, all documents related to this Lease, and to provide such additional information as may be required. 13 25. Nonappropriation - Availability_ of Funds. It is understood and agreed between the parties herein that the City will be bound hereunder only to the extent that funds are appropriated and budgeted for the purpose of this Lease. In the event no funds or insufficient funds are appropriated and budgeted in any fiscal year for services to be provided by the City to the VOA under this Lease, the City will immediately notify the VOA of such occurrence and this Lease will terminate on the last day of the fiscal year for which appropriations were received without penalty or expenses to the City of any kind whatsoever. IN WITNESS WHEREOF, the City and the VOA have duly executed this Agreement as of the date first written above. CITY OF VIRGINIA BEACH By: City Manager/Authorized Designee of the City Manager (S AL) ATTEST: Ruth Hodges Smith City Clerk ,i i£ ii _ _~_ APPROVED A,'3 TO LF. GAL SUF~=~CtENCY (SEAL) ATTEST: VOLUNTEERS OF AMERICA CHESAPEAKE, INC. J. M / CEO 14 APPROVED AS TO croN l~'~I'S SIGNA'rU;' ~ r -?,A.~ ~ M_~' STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this __ day of 1997, by, ,, City Manager/Authorized Designee of The City Manager, on behalf of the City of Virginia Beach, Virginia. My commission expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this __ day of 199m, by RUTH HEDGES SMITH, City Clerk, on behalf of the City of Virginia Beach, Virginia. My commission expires: Notary Public STATE OF CITY/COUNTY OF to-wit: The foregoing instrument was acknowledged before me this ~m4 day of N~gF_ttL~ , 199~_, by WILLIAM J. MCKEMEY, President and Chief Executive Officer of VOLUNTEE~ OF AMERICA CHESAPEAKE, INC. on behalf of the corp~o,n. L N~blic v Carolyn P. Aboll, Notary Publio My commission expires: Prince~, ~,~.Ge°rges..,, ,.._.,.._.,C°unty My Commission Expires Oct. 25, 1998 15 STATE OF CITY/COUNTY OF to-wit: The foregoing instrument was acknowledged before me this ~ day of 199M, by ,(Name), (Title), of VOLUNTEERS OF AMERICA CHESAPEAKE, INC. on behalf of the corporation. Notary Public My commission expires: VOAFINAL LSE (! I/10/97) 16 EXHIBIT "A" LEGAL DESCRIPTION: All that certain lot(s) or piece(s) of land with the building commonly known as the Lighthouse Day Services Center for the Homeless Building and improvements thereon, also commonly known as 825 18th Street, Virginia Beach, Virginia, and as shown on the attached lease plat. 17 DENOTES LEASE AREA AREA' 16£.~ SO. FT. DENOTES UGHTHOUSE DAY CENTER FOR THE HOMELESS BUILDING AREA. 3500 SO. FT. DENOTES 60' x 136' INGRESS/EGRESS EASE~tENT AREA. 8246 SO. FT, (~ DELTA- 9000'00' RAI~US. LENGTH. 31.42' TANGENT. CHORD BRG,. N58'55'53~ CHORD l~5'T.. 2828' LOCATION ~IAP SCALE.J'.264( N76'O4'O7'E 136~X)' ~"~'N~RFOLK PLACE 18TH STREET 60' x 136' INGRESS/EGRESS EASEl, tENT VIRGINIA PLACE GRAPHIC SCALE I' = 50' EXHIBIT 'A' O' 50' I00' PLAT SHOIVlNG PROPERTY LEASED TO VOLUNTEER5 OF AMERICA CHESAPEAKE. INC. FROM THE CITY OF VIRGINIA BEACH LYNNH~/EN ~H VIRGINIA BEACH, VIRGINIA SURVEY BUREAU ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA BEACH. VIRGINIA DATE: NO/. 7,/997 SCALE:I'. 50' I IDRAWN BY: DLW I IFOR~ CITY ATT3'. FILE: VERTICAL EXHIBIT "B" INSURANCE OBLIGATIONS A. The City's Insurance Obligations. The City may at its discretion provide programs of insurance and/or self-insurance to cover physical damage to or loss of the building due to fire, flood, or other casualty. B. The VOA's Insurance Obligations. The VOA shall, at all times during the Term at its own cost and expense, carry commercial general liability insurance on the Premises with limits of not less than $1,000,000.00 combined single limit. The VOA shall also carry "all-risk" casualty insurance, written at replacement cost value and with replacement cost endorsement, covering all the VOA's personal property in the Building (including, without limitation, fixtures, floor coverings, fumiture, and other property removable by the VOA under the provisions of the Lease ) and all Leasehold improvements installed in the Building by or on behalf of the VOA, and if and to the extent permitted by law, worker's compensation or similar insurance. All insurance policies shall be written by companies authorized to conduct the business of insurance in the Commonwealth of Virginia and acceptable to the City, shall be written in a form acceptable to the City and shall name the City as an additional named insured. Each such policy shall also contain a provision prohibiting cancellation without thirty (30) days prior written notice to the City or its designee. Certificates of such insurance shall be delivered to the City promptly after the issuance of the respective policies. If the VOA fails to provide or maintain such liability insurance, the City may, but shall not be obligated to, do so and collect the cost thereof from the VOA. 18 EXHIBIT "~" Volunteers of America Chesapeake, Inc. Policies and Procedures Manual Dated 2/23/95 and as amended (ATTACHED) Volunteers of America Chesapeake, Inc. Day Support Services Participant Handbook dated September, 1997, and as amended (ATTACHED) [Note: A copy of the VOA Policies and Procedures Manual and its handbook is available in Andy Friedman's office.] 19 - 32 - Item VI-I.$.a. RESOLUTIONS ITEM # 42839 Petitions from the Virginia Beach Mental Health Consumers Association were presented in OPPOSITION are hereby made a part of the record. The following registered in OPPOSITION: Anthony Pittman, 709 Rock Creek Court, Phone: 497-6257 Betty Morgan, 1133 Cypress Point Way, Phone; 552-0196. Correspondence from Mr. Zelubowski is hereby made a part of the record. Ken Zelubowski, 820 Cannon Road, Phone: 523-1838 Upon motion by Councilman Branch, seconded by Councilman Harrison, City Council ADOPTED: Ordinance re Community Services Board: RATIFY an amendment to Article VII, Section 2 of the Bylaws of the Community Services Board to allow an officer of the Board to serve three (3) consecutive terms in the office of Chairman. Vottng: 7-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood 0 Branch, III, William W. Harrison, Jr, Barbara M. Henley, Louis R Jones, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay' None Council Members Absent: Harold Heischober, Mayor Meyera E. Oberndo~ Reba S. McClanan and Louisa M. Strayhorn November 18, 1997 AN ORDINANCE TO RATIFY ANAMENDMENT TO ARTICLE VII, SECTION 2 OF THE BYLAWS OF THE COMMUNITY SERVICES BOARD THAT WILL ALLOW AN OFFICER OF THE BOARD TO SERVE THREE (3) CONSECUTIVE TERMS IN THE OFFICE OF CHAIRMAN WHEREAS, Article VII, Section 2 of the Bylaws of the 8 Community Services Board provides that "[n]o officer may serve more 9 than two consecutive [one-year] terms in the same office"; 10 WHEREAS, the second consecutive term of the Board's 11 current Chairman will expire on December 31, 1997; 12 WHEREAS, the Board has determined that it would be in the 13 City's best interests for the current Chairman to be allowed to 14 continue serving in that capacity for one (1) additional term; 15 WHEREAS, in furtherance of this determination, the Board, 16 at its regular monthly meeting on October 23, 1997, approved an 17 amendment to its Bylaws that will allow an officer of the Board to 18 serve three (3) consecutive terms in the office of chairman; 19 WHEREAS, Article XII of the Board's Bylaws provides that 20 amendments to the Bylaws must be reviewed and ratified by City 21 Council; and 22 WHEREAS, City Council has reviewed this recommended 23 amendment to the Bylaws of the Community Services Board and finds 24 it to be acceptable. 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA: 27 That City Council hereby ratifies an amendment to Article 28 VII, Section 2 of the Bylaws of the Community Services Board, as BY - LAWS Virginia Beach Community Services Board ARTICLE I - NAME The name of this Board shall be the Virginia Beach Community Services Board, hereinafter referred to as the "Board." ARTICLE II- PURPOSE The purpose of this Board shall be to act as the agent of the City of Virginia Beach, Virginia in the establishment and operation of Community Mental Health, Mental Retardation and Substance Abuse programs as provided for in Chapters 10 and 11 of Title 37.1 of the Code of Virqinia (1950), as amended. ARTICLE III- MEMBERSHIP Section 1. The membership of the Board shall consist of not less than five nor more than fifteen persons approved and appointed by the City Council of the City of Virginia Beach, Virginia. The membership shall be as broadly representative as possible of all lay and professional elements of the community. Members shall be appointed in accordance with Section 37.1-196 of Chapter 10 of Title 37.1 of the Code of Virginia (1950), as amended. Section 2. Vacancies shall be filled for unexpired terms in the same manner as original appointments. No person shall be eligible to service more than two successive terms; provided that persons appointed to fill vacancies may serve two additional successive terms. Any member of the Board may be removed by City Council for cause, after being given a written statement of the causes and an oppodunity to be heard thereon. Section 3. Ex-officio members may be appointed by this Board. Such members shall serve in an advisory capacity without voting privilege. ARTICLE IV- POWERS AND DUTIES The Board as a direct agent of the City of Virginia Beach shall be subject to the laws and regulations relating to such agencies of that government and shall have the general powers, duties and responsibilites of a Board as outlined in Section 37.1 of the Code of Virginia (1950), as amended. Such powers and duties shall be: (a) Review and evaluate all existing and proposed public community mental health, mental retardation and substance abuse service and facilities available to serve the community and such private services and facilities as receive funds through the Board and advise the appropriate local governments as to its findings. (b) Submit to the governing body or bodies of each political subdivision of which it is an agency, a program of community mental health, mental retardation and substance abuse services and facilities for its approval. (c) Within amounts appropriated therefor, execute such programs and maintain such services as may be authorized under such appropriations. (d) In accordance with its approved program, enter into contracts for rendition or operation of services or facilities. (e) Make rules or regulations concerning the rendition or'operation of services and facilities under its direction or supervision, subject to applicable standards or regulations promulgated by the State Board. (f) Appoint a coordinator or director of community mental health, mental retardation and substance abuse services whose qualifications are approved by the Department and prescribe his duties. The compensation of such coordinator or director shall be fixed by the Board within the amounts made available by appropriation therefor. (g) Prescribe a reasonable schedule of fees for services provided by personnel or facilities under the jurisdiction or supervision of the Board and collection of the same; provided, however, that all fees collected from Board administered programs shall be deposited with the treasurer of the political subdivision of which the Board is an agency, or, in the case of a joint Board, with the treasurer of the political subdivision specified by agreement; provided, further, that such collected fees shall be used only for community mental health, mental retardation and substance abuse purposes. By January one, nineteen hundred eighty-two, every Board shall institute a reimbursement system to maximize the collection of fees from persons receiving services under the jurisdiction or supervision of the Board and from responsible third-party payers. (h) Accept or refuse gifts, donations, bequests or grants of money or property from any source and utilize the same as authorized by the governing body or bodies of the political subdivision or subdivisions of which it is an agency. (i) Seek and accept funds through federal grants; provided, however, in accepting such grants, the Board shall not bind the governing body or bodies of the political subdivision or subdivisions which it is an agency to any expenditures or conditions of acceptance without the prior approval of such governing body or bodies. -3- (j) Have authority, not withstanding any provision of law to the contrary, to disburse funds appropriated to it in accordance with such regulations as may be established by the governing body of the political subdivision of which the Board is an agency, or in the case of a joint Board, as may be established by agreement. ARTICLE V - APPROVAL OF PLAN, PROGRAM AND BUDGET Under Section 37.1-198 of the State Code, the City of Virginia Beach, having established the Board and authorized it to administer the City's mental health, mental retardation and substance abuse services programs, may apply for State assistance by submitting annually to the State Department of Mental Health, and Mental Retardation, the City's mental health, mental retardation or substance abuse plan and budget for the next fiscal year together with the Board's recommendations thereon. No mental health, mental retardation or substance abuse program shall be eligible for State financial assistance unless its plan and budget have been approved by City Council and the State Department of Mental Health, and Mental Retardation. ARTICLE VI - OFFICERS OF THE BOARD AND THEIR DUTIES Section 1. The officers of the Board shall consist of a Chairman, Vice-Chairman and Secretary/Treasurer who shall be elected at the first meeting of the calendar year by the Board and serve at the pleasure of the Board. Section 2. The duties of the Chairman shall be: (a) To preside at all meetings of the Board and Executive Committee. (b) To appoint all committees (excluding the Nominating Committee)deemed necessary for the operation of the Board. (c) To work closely with the Executive Director of the Community Services Board. (d) To perform any other duties determined by the Board. (e) keep all federal, state and local governments informed as to the activities of the Board as requested. ~4e Section 3. The Vice-Chairman shall, in the absence of the Chairman, perform the duties of the CHairman and any other duties assigned by the Board. Section 4. The Secretary/Treasurer shall be responsible for the keeping of accurate records of all meetings of the Board and Executive Committee, and for certifying and distributing these records upon proper request. The Secretary/Treasurer shall also ensure that all required budget and financial reports and records as may be prescribed by the State Department of Mental Health, and Mental Retardation or by the City are properly prepared, submitted and executed. Section 5. The Executive Committee shall consist of the Chairman, Vice-Chairman, and Secretary/Treasurer. The Executive Committee shall be empowered to conduct the business of the Board between meetings. All actions of the Executive Committee must be submitted to and ratified by the full Board at its next regularly scheduled meeting. ARTICLE VII- NOMINATIONS, ELECTIONS AND TERMS OF OFFICE Section 1. The Board shall elect its officers at the first meeting held in each new calendar year. A Nominating Committee shall be appointed by the Board at the last meeting of the calendar year and shall bring forth a slate of officers at the first meeting of the new year. Section 2. The term of office shall be for one year. No officer may serve more than two consecutive terms in the same office. The election shall be by ballot if there is more than one nominee for the same office. A quorum must be present and voting in order to constitute an election. Section 3. Any vacancy occurring in the Board's officers shall be filled at the discretion of the Board. ARTICLE VIII- MEETINGS Section 1. The regular monthly meetings shall be held at a time and place to be determined by the Board. Section 2. Special meetings of the Board may be called by the Chairman or upon written request of three members. Section 3. The quorum for all Board meetings shall be one-half of the total appointed Board members. Section 4. The Executive Committee shall meet at the discretion of the Chairman. Section 5. The quorum of all Executive Committee meetings shall be the majority of the Committee. ARTICLE IX - COMMITTEES There shall be an Executive Committee and other committees as appointed by the Chairman in accordance with Article VI, Section 2-B. ARTICLE X - OPERATING PROCEDURES The Board, in carrying out its powers and duties in accordance with Article IV of these By-Laws, shall utilize the following operating procedures: -5- a. All employees of Board directly operated programs shall be employees of the City of Virginia Beach and subject to its personnel policies and procedures. The Board shall conduct an annual performance evaluation of its Executive Director. Pursuant to Section 37.1-195 of the Code of Virginia., the Board hereby adopts the City of Virginia Beach's grievance procedure. b. Pursuant to Section 37.1-195 Code of Virginia, legal services to the Board shall be provided by the City Attorney. c. The City Treasurer shall receive all State and Federal funds designated to the Board. d. Pursuant to Section 37.1-195 of the Code of Virginia., the City shall serve as the Board's fiscal agent and shall annually audit the total revenues of the Board and its programs. e. The Board shall comply with the City of Virginia Beach policies and procedures in purchasing equipment and supplies. f. The Board may, following review by the City Finance Director as to availability of funds and the City Attorney as to appropriate legal form, enter into such agreements and contracts as are necessary to carry out its approved program. g. The Board shall be authorized to revise its budget categories to meet program needs as provided in the budget ordinance of the City of Virginia Beach. When a budget revision is necessary, the Board Executive Director shall submit the request in writing to the City Finance Department prior to Board consideration of the proposed change. Finance Department will review the request for conformance to the City's fiscal rules, regulations and budget ordinance and will notify the Executive Director that the request is in compliance with these rules and regulations or, if not, why not and what procedures need to be followed to achieve compliance. ARTICLE Xl Roberts Rules of Order, shall govern the conduct of all Board proceedings unless inconsistent with these By-Laws in which case these By-Laws shall govern. -6- ARTICLE Xll The By-Laws may be amended at any regular meeting of the Board by two-thirds vote of those present and voting, notice having been submitted to each Board member in writing two weeks prior to the meeting, provided, however, that such amendments shall be reviewed and ratified by the City Council of Virginia Beach. Adopted at a regular meeting of the Board by a vote of 8 in favor of to 0 not in favor. Date: January 22, 1981 Ratified by Virginia Beach City Council on March 23, 1981. -33- Item VI-I. 5. b. RESOLUTIONS ITEM # 42840 Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADOPTED: Ordinances re Community Services Board: ACCEPT and APPROPRIATE $887,899 in Grants, Fees and other revenue; and, APPROPRIATE $127,000 from the Comprehensive Services Act Fund Balance to the 1997-1998 Operating Budget of the Community Services Board re enhancing services provided; increase the full-time permanent FTE's by two; and, estimated revenue be increased accordingly. Voting: 7-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Barbara M Henley, Louis R. Jones, Nancy K. Parker and Vice Mayor Wilham D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober, Mayor Meyera E. Oberndorf, Reba $. McClanan and Louisa M. Strayhorn November 18, 1997 AN ORDINANCE ACCEPTING AND APPROPRIATING $887,899 IN GRANTS, FEES, AND OTHER REVENUE TO THE 1997-98 OPERATING BUDGET OF THE COMMUNITY SERVICES BOARD, AND APPROPRIATING $127,000 FROM THE COMPREHENSIVE SERVICES ACT FUND BALANCE TO THE 1997-98 OPERATING BUDGET OF THE COMMUNITY SERVICES BOARD WHEREAS, the Community Services Board has received the 9 following grants, funding, fees and other revenue which must be 10 accepted and appropriated by the City Council: 11 (a) A DMV mini-grant in the amount of $1,500 to provide 12 training in the proper transportation of newborns; 13 (b) Funding in the amount of $178,380 for the Substance 14 Abuse Jail program; 15 (c) Family support funds in the amount of $41,376; 16 (d) $125,181 in state funds, along with $16,854 in 17 additional Medicaid Medallion revenue, for expanded residential 18 services; 19 (e) An Early Intervention program grant of $23,848; 20 (f) Additional state funds in the amount $133,987 to 21 support non-medical community crisis stabilization efforts for 22 persons suffering from substance abuse problems; 23 (g) Additional Medicaid funding in the amount of $81,340, 24 along with an additional $45,329 in fees, to serve additional 25 clients and provide increased case management services; 26 (h) Additional Medicaid Medallion revenue in the amount 27 of $15,000 to be used to maintain the Beach House vans; 28 (i) Additional Beach House Kitchen revenue in the amount 29 of $35,000; 30 (j) $48,266 for therapist services purchased by the 31 School Board for the SECEP-Re-ED program, as well as $57,500 in 32 services for students with substance abuse problems; 33 (k) $24,610 in rent from the Unclaimed Freight Building, 34 which will offset the cost of utilities for this and other recently 35 acquired properties; 36 (1) A $4,500 grant for crisis care services provided by 37 Substance Abuse Services; 38 (m) $3,000 from a Department of Education community- 39 based literacy grant; 40 (n) $4,000 from the U.S. District Court for the Eastern 41 District of Virginia for pre-trial substance abuse treatment 42 services; and 43 (o) $48,228 from the Virginia Beach Juvenile and 44 Domestic Relations Court for substance abuse screening, 45 assessment, and transition services; 46 WHEREAS, the Community Services Board desires that 47 $127,000 from the Comprehensive Services Act fund balance be 48 appropriated for use as matching funds for Medicaid waiver 49 services; and 50 WHEREAS, an additional three (3) full-time permanent 51 positions must be created to provide the additional services made 52 possible by these grants. 53 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 54 OF VIRGINIA BEACH, VIRGINIA: 55 1. That funds in the amount of $887,899 are hereby 56 accepted and appropriated to the FY 1997-98 Operating Budget of the 57 Community Services Board from the sources identified above and more 58 particularly described in exhibit "A," a copy of which is attached 59 hereto; 60 2. That $127,000 from the Comprehensive Services Act 61 fund balance is hereby be appropriated to the Community Services 62 Board's 1997-98 Operating Budget for use as matching funds for 63 Medicaid waiver services; 64 3. That the number of full-time permanent positions in 65 the Community Services Board's 1997-98 Operating Budget is hereby 66 increased by three (3); and 67 4. That estimated revenue in the Community Services 68 Board's 1997-98 Operating Budget is hereby adjusted to reflect 69 $887,899 in new revenue. 70 71 Adopted by the Council of the City of Virginia Beach, 18 November Virginia on the day of , 1997. 72 73 74 75 CA-6840 ORD IN\ NONCODE \ CSBORD. LS S R-2 PREPARED: 11/13/97 76 APPROVED AS TO CONTENTS: 77 78 Management Servi~ 79 8O 81 82 APPROVED AS TO LEGAL SUFFICIENCY: ~aw Department HEI~ ~F.~,LT[I/I~ENTAL KETARDATION/SUBSTANCE ABUSE FUNDING S~Y AppropriatIon amount' Progr.a..m Mental Retardation Substance Abuse .Mental Retardation !Substance Abuse ;Mental Health Mental Retardation Mental Health Mental Retardation Substance Abuse Substance Abuse Mental Retardation Mental Retardation Mental Relardatlon Mental Health Mental Health Mental Health Substance Abuse Administration Mental Retardation I Substance Abuse Mental Retardation Substance Abuse Substance Abuse Highway Safety project, Safe from the Start Special Ja~l and Offender Services Initiative Familly Support funding Residential Services Residential Services Residential Services Residential Services Early Intervention grant increase Eastern State Hospital Census ReductIon 40 clients In Families Together program Residential expansion Additional Day support to 6 clients Additional 40 Case Management clients Beach House-Van maintenance Beach House- Kitchen supplies Therapist for the elementary achools approved by School Board Substance Abuse Intervention Program VA. Beach Schools CSB Complex facility costs Comprehensive Services A(=t match for 3 waiver clients Supporting Families Through Crisis Community. based literacy enabling subgrant Pretrial treatment services Screeninglassessment and transition services for 800 clients Total Funding Source state" DMV Federal/State DOJ/DMHMRSAS State DMHMRSAS State DMHMRSAS State DMHMRSAS State DMHMRSAS Fees Sentara contract Federal Part HIDMHMRSAS State DMHMRSAS SA SPO DMHMRSAS MR Fees Net MR SPO DMHMRSAS Net MR SPO DMHMRSAS Net MR SPO DMHMRSAS Fees Sentara contract Fees MH Fees CSA State Grant Federal Rental Income Contraclor CSA/CPMT 148 fund balance Grant FederalNIDD Grant DOE/Federal Federal Contract City VBJDRC P/T F/T Additional FTE's ,F. TE's Appr0Rriatio~l_I 'd'00 0 00 $1,500 2 O0 1.00 $178,380 0 O0 0.00 $41,376 0,00 0,00 $20.000 3,30 0.00 $65,181 1.00 0.00 $40,000 0.94 0.00 $18,854 0.00 0.00 $23,848 2.50 1.00 $133,987 -0,45 1,00 $0 4.00 0,00 $45,329 $27,790 0,00 0 00 $40,000 000 000 $13,550 0.00 0.00 $15,000 0,00 0.00 $35,000 0.00 0.00 $48,268 0.00 0 00 $57,500 0.00 0.00 $24,610 0 O0 0,00 $127.000 0,00 0,00 $4,500 0,00 0,00 $3.000 0.00 0.00 $4,000 0.00 0.00 $48,228 13.29 3 00 $1,014,899 F_,XHI B ri' A - 34- Item FI-I 6. RESOLUTIONS ITEM # 42841 Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADOPTED: Ordinance to ACCEPT and ,4PPROPRIATE a $76,500 Grant from the Federal Emergency Management Agency (FEM.4) to the Fire Department's FY 1997-1998 Operating Budget re supporting the operations of the FEMA Urban Search and Rescue Team, Virginia Task Force No. 2; and, estimated revenue from the federal government be increased accordingly. Voting: 7-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Councd Members Voting Nay: None Council Members Absent: Harold Heischober, Mayor Meyera E. Oberndor)5, Reba S. McClanan and Louisa M. Strayhorn November 18, 1997 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT IN THE AMOUNT OF $76,500 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) TO THE FIRE DEPARTMENT'S FY 1997-98 OPERATING BUDGET TO SUPPORT THE OPERATIONS OF THE FEMA URBAN SEARCH AND RESCUE TEAM, VIRGINIA TASK FORCE NO. 2 WHEREAS, the Federal Emergency Management Agency (FEMA) provides annual grants to localities sponsoring Urban Rescue Teams; WHEREAS, the City of Virginia Beach, as the sponsoring locality for Virginia Task Force No. 2, an Urban Search and Rescue Team authorized by FEMA, has been awarded a grant in the amount of $76,500; and WHEREAS, the grant will be used for the maintenance of equipment, the purchase of additional equipment, and the training of personnel for the Task Force. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a grant in the amount of $76,500 is hereby accepted from the Federal Emergency Management Agency and appropriated to the Fire Department's FY 1997-98 Operating Budget for the maintenance of equipment, the purchase of additional equipment, and the training of personnel for the FEMA Urban Search and Rescue Team, Virginia Task Force No. 2; and 2. That estimated revenue from the federal government is hereby increased in the amount of $76,500. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 day of November , 1997. 30 31 32 33 CA-6835 ORDIN\NONCODE\FEMA.ORD R-1 PREPARED: NOVEMBER 10, 1997 34 35 36 37 APPROVED AS TO CONTENTS: Management Services APPROVED AS TO LEGAL SUFFICI · La/ww Department - 35 - Item VI-I. 7. RESOLUTIONS ITEM # 42842 Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADOPTED: Ordinance to .4CCEPT and APPROPRIATE a $28,750 Grant from the Virginia Coastal Resources Management Program to the FY 1997-1998 Operating Budget of the Virginia Marine Science Museum re maintaining a statewide stranding response network and database; to continue ongoing marine mammal and sea turtle research projects; and, estimated revenue from the Commonwealth be increased accordingly. Voting: 7-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Cou. tcil Members Voting Nay: None Council Members Absent: Harold Heischober, Mayor Meyera E. Oberndorf, Reba $. McClanan and Louisa M. Strayhorn November 18, 1997 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $28,750 GRANT FROM THE VIRGINIA COASTAL RESOURCES MANAGEMENT PROGRAM TO THE FY 1997-98 OPERATING BUDGET OF THE VIRGINIA MARINE SCIENCE MUSEUM TO MAINTAIN A STATEWIDE STRANDING RESPONSE NETWORK AND DATABASE, AND TO CONTINUE ONGOING MARINE MAMMAL AND SEA TURTLE RESEARCH PROJECTS 10 WHEREAS, the Virginia Coastal Resources Management 11 Program has awarded the Virginia Marine Science Museum a $28,750 12 grant to maintain the stranding response network and database, and 13 to continue ongoing marine mammal and sea turtle research projects; 14 and 15 WHEREAS, this grant requires an "in-kind" match 16 equivalent to $50,919 for which resources are currently available 17 in the Marine Science Museum's FY 1997-98 Operating Budget. 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 20 1. That a grant in the amount of $28,750 from the 21 Virginia Coastal Resources Management Program is hereby accepted 22 and appropriated to the FY 1997-98 Operating Budget of the Virginia 23 Marine Science Museum to maintain a statewide stranding response 24 network and database, and to continue ongoing marine mammal and sea 25 turtle research projects; and 26 2. That estimated revenue from the Commonwealth of 27 Virginia is hereby increased in the amount of $28,750. 28 Adopted by the Council of the City of Virginia Beach, 29 Virginia, on the 18 day of November , 1997. 30 31 32 33 34 CA-6838 ORDIN~NONCODE~MARSCI. ORD R-1 PREPARED: 11/10/97 APPROVED AS TO CONTENTS: 35 36 Management Services 37 38 39 4O APPROVED AS TO LEGAL SUFFICIENCY: La~/Department - 36- Item VI-I. 8. RESOLUTIONS ITEM # 42843 Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $15, O00 from the Virginia Department of Environmental Quality, Virginia Coastal Resources Management Program to the FY 1997-1998 Operating Budget of the Department of Planning for habitat conservation and restoration work; TRANSFER $11,000 as match funds from the General Fund Reserve for Contingencies; the temporary Environmental Planner I position within the Department of Planning be continued in FY 1997-1998 re carrying out the work of this grant; and, estimated revenue from the Commonwealth be increased accordingly. Voting: 7-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Barbara M Henley, Louis R. Jones, Nancy K. Parker and Vice Mayor William D. Sessoms, ,Ir. Council Members Voting Nay: None Council Members Absent: Harold Heischober, Mayor Meyera E. Oberndo~ Reba S. McClanan and Louisa M. Strayhorn November 18, 1997 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT IN THE AMOUNT OF $15,000 FROM THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY VIRGINIA COASTAL RESOURCES MANAGEMENT PROGRAM, AND TO TRANSFER $11,000 AS MATCH FUNDS FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES, TO THE FISCAL YEAR 1997-1998 OPERATING BUDGET OF THE DEPARTMENT OF PLANNING 11 WHEREAS, the Commonwealth of Virginia's Department of 12 Environmental Quality Virginia Coastal Resources Management Program 13 has provided a grant in the amount of $15,000 to help continue a 14 temporary Environmental Planner I position to support the 15 Department of Planning's habitat conservation and restoration work 16 by assisting with coordination of the Habitat Enhancement 17 Committee, and supporting other environmental programs and projects 18 of the Department; 19 WHEREAS, this grant requires a cash match of $11,000 20 which is available in the Fiscal Year 1997-1998 General Fund 21 Reserve for Contingencies; and 22 WHEREAS, the work to be provided through these funds will 23 significantly enhance the continuing work in habitat conservation 24 and restoration efforts on public lands within the City, thereby 25 providing a unique opportunity to augment the physical appearance 26 of the City and improve environmental quality. 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 That a $15,000 grant from the Commonwealth of Virginia's 30 Department of Environmental Quality Virginia Coastal Resources 31 Management Program is hereby accepted and appropriated to the FY 32 1997-98 Operating Budget of the Department of Planning for habitat 33 conservation and restoration work; and that funds in the amount of 34 $11,000 are hereby transferred from the FY 1997-98 General Fund 35 Reserve for Contingencies to the FY 1997-98 Operating Budget of the 36 Department of Planning as the City's required cash match for this 37 grant; 38 BE IT FURTHER ORDAINED: 39 That estimated revenue from the Commonwealth of Virginia 40 is hereby increased in the amount of $15,000; and 41 BE IT FURTHER ORDAINED: 42 That a temporary Environmental Planner I position within 43 the Department of Planning is hereby continued in FY 1997-98 to 44 carry out the work of this grant. 45 Adopted by the Council of the City of Virginia Beach, 46 Virginia, on the 18 day of November , 1997. 47 48 49 5O CA-6839 ORDIN\NONCODE\ PLANNERI . ORD R-1 PREPARED: 11/10/97 51 APPROVED AS TO CONTENTS: 52 53 Management Services 54 55 56 57 APPROVED AS TO LEGAL SUFFICIENCY: Law Department Cily of ¥irgini, B.,~ FY 1997 T, sk 59 B,y W,t~d fl, bitat Commflon & R#toraflon Secretm? of Natural Resources COMMONWEALTH o[ VIRQINIA DEPARTMENT OF ENVIRONMENTAL QUALITY Stv~ add'e~x' 629 East Main Street, Richmond, Virginia 2321~ ~/Afnf mfdresx- P.O. Box 10009, Richmond, Virginia 23240 Fax (804) 698-4500 TDD (804) 698-4021 http://www.deq.state.vtus Thomas L. Hopkins Director (804) 698.,4000 1-800-$92-S482 September 26, 1997 TO: FROM: FY 1997 Vlrgtnla ~ Program Grantees ~- Grnnt #NA'~70~I 'Laura B. McKs~-" Coastal Program Manager 629 East Main Street, Richmond Virginia 23219 Phone: (804) 698-4323 Fax: (804) 698-4319 FY 1997 Coastal Prolrmn Award Notification The Department of Environtnental (~vality has received approval for the 1997 Coastal Zone Management Grant Award from the Natimal Ocenic and Atmospheric Adrniniftntion (NOAA). We ~re pleased to notify you that your proposal has been approved for funding for the period shown on your enclosed contract. We look forward to working with you in the coming year. GRANT INSTRUCTIONS Enclosed is a contract, signed by Thomas L. Hopkins, DEQ ~, for your Virginia Coastal Resources Management Program grant. Please follow the checklist exactly: 1. Read the contract and Afbcbtfms A and B thoroughly, as we are all obligated to adhere to the t~rms and conditions of the three ~locuments. 2. Have the following enclosed documents dgned and dated by the authorized representative where the colored tabs are affixed. --~ontract -Attachment A-Scope of Work (most likely alre. My signed). -Certification form ("Certifications regarding d~barment, suspension...") 3. Make a eopy of these (contraek Attach. A, certification) for your flies. These are signed originals which mm be returned to ns. Ali other documents are copies for yon to keep. An Agency ~f the Natural Resources Secretariat 5. Return the or/gin~ contract, Attach. A, and certification as soon as possible. 6. Retain your copies of the contract with Attachments A and B (standard terms nnd conditions) as well as this instruction memo in a safe place - you will refer to it throughout the grant period. 7. Make copies of this notiflmtion and report forms A, B, MBFdWBE (for use each quaner) for all appropriate staff within your organization. QUARTERLY RE~R~G RRQUIREMRN~ Quarterly reports must be _received withtnfi,/ben days following the close of each quarter -specific dates are provided in your contract. Faxed forms A and B must be followed immediately by muffed originals. pro?ess and Financial R~_ orts (Forms A and B} One set of customized blank form~ A and B have been provided for you.to copy and use each quarter. If you have an earlier C'ZM grant which is extended, bf ex~tnc/y ~ to me t/w appropriat~ grant forms for th~ appropriate grant year (i.e. FY94 -- NA47OZ0287, FY95 -- NA57OZ0561, FY96 -- NA67OZ0360, FY97--NA77OZ0204) to report progress and request reimbursement. The Form B is pre-printed with your budget, so it is important to use the forms provided. Progress Report (Form A) - shouM detail the p~ of the project during the quarter. Form A itself should contain a dear, concise, yet complete summary that is confined to the space allotted. More comprehensive information may be attached and referenced as necessary to provide the full picture of your activities and products. Draft versions of final reports, press releases, news articles or other interim work products that demonstrate your progress should be included as attachments. Financial Report (Form B) - Please per/fy the preprlntod budget figures, and report discrepancies to us immediately. Inaccurate or incomplete forms (or IA'Us for state agencies)'wiH result in reimbursement delays. Please verify your math, and be 'sure the correct contact person, phone number and address to whom the check should be mailed ate included. Backup documentation for expenses on Form B is no longer required from most grantees, but we may request additional information at any time or conduct spot checks to insure appropriate documentation is being retained in the grantees' offices. Report on Minoritv/Wort~n.O~ned Business Activity (MBE/WBE) MBE/WBE form must be submitted each quarter. If you have not had purchases $10,000 or greater involving minority-owned or women-owned businesses, simply state "no qualifying expenditures" on the form. Audit R ez~orts All grantees (including state agencies) must submit annual audit reports. Your project period may not coincide with the annual audit period. Be sure to submit an audit report for each fiscal year within which your project was open. Number of co~ies to be submitted Please follow these guidelines and avoid unnecessnry waste of paper and time. Please note that we previously requested 3 extra Form B copies; we now are requesting only 2. Progress -Form A ........ 1 Or/g/ha/ Financial.Form B ......... 1 Or/g/ha/, 2 Copies Form A Attachments .... 2 Copies MBFJWBE Report ....... 1 Or/g/ha/ LAND ACQUISI~ON AND CONSTRUCTION GRANTS (SECTION 30~A) $~ecial Reouirements and Deadlines Add/t/ona/project documentation is required for review and approval by NOAA ~ the expenditure of funds will be authorized. A packet of information detailing the t~luirements may be obtained from the Coastal Program. Section 306A documentation must be received by your project contact (see p. 6) by November 3, 1997, and subsequently approved by NOAA., CHANGF_~ TO GRANT PROJ-E~ Budget changes and written Justification must be submitted for approval on the enclosed Budget Amendment Form. A very important rule that cannot be compromised is that no grantee may increase the mount of funds originally budgeted for indirect costs. If your indirect costs increase during the grant year due to a rate reassessment, increased rent or any other reason, you may only show that increase as excess match. Please note the discussion on indirect costs on page 2 of the Depamnent of Commerce Standard Terms and Conditions (contract Attachment B). Undgr-expend~r~ vt' B~l~ m Unspent federal funds should be reported to your project contact immediately and no later than two weeks before the end of .the project period. This will allow us to reuse the funds in Virginia rather than having to return them to NOA~ Scooe of Work or Deliperables Scope of Work or Deliverable changes must be submitted to your project contact with written justification. Substantial changes will have to be reviewed by NOAA for approval. As soon as you realize there may be a need for the change, please contact us -- NOAA approval can take 2.3 months. Extensions of Project Period No.cost extens/ons are not guaranteed and every effort must be made to complete the work on time. If an extension is absolutely necessary, your project contact should receive the following information at least two months before the project's original end date: (1) a written, detailed Justification substantiating the need for an extension; and (2) an estimate of the uuspentfederal and match dollars as of the original end date (broken down by the cost categories on Form B). Given the kngthy time of NOAA's approval process, this is the latest possible date for extension requests to be in our office. Although each grantee's request will be considered individually, all extension requests are forwarded to NOAA as one group. FEDERALLY-REQUIRED ACKNOWLEDGMENT Credit Requirements Please be certain that the following admowiedgment of flnandni smdst~nce and the NOAA logo are printed on the cover or the title page of ntt reports, studies or other documents (Ineludl~ map products) supported In whole or in part by this award or any subaward. We have camera-ready "stats" of the NOAA logo in 3 different sizes plus digital files of the logo in black/white and color. The role of the Virginia Coastal Program must also be clearly stated in all prtss r~ltases, n~wj argtckJ, r~tlUrt~for proposals, bid solicitations and other documents describing projects the Coastal Progxam funded in whole or in part. Any wording can be used as long as this information is conveyed. Federal award conditions also require that the percentage and dollar mount of total costs of the project financed with a) federal funds, and b) nongovernmental sources be provided. "This report was % ($ } funded by the Virginia Coastal Resources Management Program at the Department ofF. nvlromnental {2uality through Grant #NA 770Z0204 of the National Oceanic and Atmospheric Administration, ~e of Ocean and Coastal Resource Management, under the Coastal Zone Management Act of 1972, as amenders" (Attnch. B, NOAA Adm~b~tlve Specld Award Conditions, p. 3 Item 19; p. S, item 25) For reports or papers for public distribution (either the nmd product or based upon work funded by this grant), the following sentence must be added to the end or the above credit: "The views expressed herein are those of the authors and do not necessarily reflect the views of NOAA or any of its subagencies." (NOAA Awanl Conditions, p. 3, #eton 19) Failure to comply with any or a/l of the award provisions may be considered grounds for withholding payments under any U.S. Department of Commerce (DoC) awards to the recipient and even termination of any DoC active awards, (not to mention a negative impact on future fuming by DoC and the Virginia Coastal Program). (DoC Terms md Conditions, p. 13) Notes If you have had other grants with the program, please be certain to reference the appropriate grant nmber. (See section on Prollress and Financial Reports for your grant number). A quick reference sheet on the above acknowledgment requirements has been included in this contract package. CLOSEOUT PERIOD The six-week period following the end of the project is the cioseout period. During this time, funds that are not encumbered by contract or purchase order may only be spent toward costs of preparing (e.g. printing) the final work product. If other funds will be unspent, be sure you report this to your project contact before the closeout period begins (see section on Under-expenditure). FINAL WORK PRODUC3~ Demilinff for FinM Products and Final Reimbursement Final work products and the final reimbursement request for the 8rant project must be received by your project contact within 4S days or the end or the project period, (Check ddiverd)les listed on the cover sheet of Attachment A- Scope or Work), The request for final reimbursement is made using the Financial Report (Form B). Payment will not be made until thetiaa/product and Form C are received. It is Coastal Program policy to withhold at least 10% of the award until final product is received. Acimo~ledmmt For final products and~__._*__._,w reports based on work funded by this grant, please review the acknowledgment requirements discussed in the previous section of this memo. Tkis credit must appeor on all final Fork products to be digibk for reimbursfmen~ Numhfr o_f Cop~s Three copies are required; two are forwarded to NOAA and one is retained on file at the Coastal Program. If your final work product is a map, please fold it for storage in an 8.5" x 11" file folder. If your final work product is a set of maps, just submit an index map and one or two sample map sheets. If you have digital maps or map data, you need only submit one disk. You are responsible for determining and meeting applicable legislative requirements of the Virginia Geographic Information Network. Final Product/Project Summary (Form C) This form, preprinted specifically for your project, is enclosed. It requests a brief description of your final product for inclusion in our Final Products Catalogue. The ca~ologue will be distributed to a variety of people involved with coastal management in an effort to better disseminate the results of your work and the Coastal Program. Final reimbursement will not be made until this form is received. COASTAL PROGRAM GRANT ASSISTANCE AND CONTACTS if you have questions about yoor grant, you may contact any of us. However, in order to streamline our workload, a project contact for your project is circled below. Please remember that all scope of work/budget amendments, extension requests, audit reports and final products are to be nmiled to your project contact. However, signatory authority for changes and reimbursements rests with the Program Manager. Scope of work/budget changes, extension requests, $06A documentation, final products, audit reports, new project developmen&  Coastal Program Manager 698-4323 Jennnie Butler Senior Program Coordinator 698-4333 Signed contracts, quamdy repons, grants traclcing, forms. Eileen Rowan Coastal Specialist 698-4321 Public information, public relations, coastal newsletter, Form C, NOAA Iogos. Virginia Witmer Outreach Coordinator 698-4320 Payrnem,.flsc~ qnes~ns, MBF./WBE,.fixed asset r~porting. Patty Walsh Senior Accountant 698-4173 SUMMARY OF IMPORTANT DATF.~ Return signed contract to DEQ Project start date *'306A documentation I st quarterly report No-cost extension request Reporting underexpenditure Project end date (funds must be encumbered) Final work product Final reimbursement request As soon as possible 15 days following close of first qunrter 2 weeks before end of project period 45 days after end of project period 45 days after end of project period *Specific date for those projects starting 10/1/97 and endin~ 9/30/98 10/1/97 11/3/97 1115/98 7/10/98 9/15/98 9130/98 11/15/98 11/15/98 *Check your contract for your own project dates and adjust accordingly if different. **Construction and land acquisition projects only. -37- Item VI-I. 9. RESOLUTIONS ITEM # 42844 Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADOPTED: Ordinance to APPROPRIATE $9,400 from the Fund Balance of the Francis Land House Board of Governors Trust Fund re support of the programs and activities of the Francis Land House; and, estimated revenue be increased accordingly. Voting: 7-0 (By ConsenO Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Barbara M Henley, Louis R. Jones, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Councd Members Absent: Harold Heischober, Mayor Meyera E. Oberndoff, Reba $. McClanan and Louisa M. Strayhorn November 18, 1997 AN ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT OF $9,400 FROM THE FUND BALANCE OF THE FRANCIS LAND HOUSE BOARD OF GOVERNORS TRUST FUND TO SUPPORT PROGRAMS, EXHIBITS, AND ACTIVITIES WHEREAS, the Francis Land House Board of Governors is an 8 appointed body that advises the staff of the Francis Land House on 9 programming, exhibits, and policies, and provides direct support to 10 programs and exhibits through solicitation of donations; and 11 WHEREAS, there are funds in the amount of $9,400 12 available for appropriation from the Fund Balance of the Francis 13 Land House Board of Governors Trust Fund to support the programs 14 and activities of the Francis Land House. 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 16 OF VIRGINIA BEACH, VIRGINIA: 17 1. That funds in the amount of $9,400 from the Fund 18 Balance of the Francis Land House Board of Governors Trust Fund 19 are hereby appropriated to support the programs and activities of 20 the Francis Land House; and 21 2. That FY 1997-98 estimated revenue in the Francis 22 Land House Board of Governors Trust Fund is hereby increased by 23 $9,400. 24 25 Adopted by the Council of the City of Virginia Beach, 18 November Virginia, on the day of , 1997. 26 27 28 29 CA-6837 ORDIN\NONCODE\IJ~NDHO. ORD R-1 PREPARED: 11/10/97 30 31 32 33 APPROVED AS TO CONTENTS: Management Services APPROVED AS TO LEGAL ~aw Department - 38- Item VI-I. I O. RESOLUTIONS ITEM # 42845 Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $5,000 Grant from the Virginia Commission for the Arts to the Arts and Humanities Commission's FY 1997-1998 Operating Budget re additional grants to Arts and Cultural Agencies; and, estimated revenue from the Commonwealth be increased accordingly. Voting: 7-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay' None Council Members Absent: Harold Heischober, Mayor Meyera E. OberndorJq, Reba $. McClanan and Louisa M. Strayhorn November 18, 1997 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $5,000 GRANT FROM THE VIRGINIA COMMISSION FOR THE ARTS TO THE ARTS AND HUMANITIES COMMISSION'S FY 1997-98 OPERATING BUDGET FOR THE PURPOSE OF PROVIDING ADDITIONAL GRANTS TO ARTS AND CULTURAL AGENCIES WHEREAS, the Virginia Commission for the Arts has awarded 9 the City's Arts and Humanities Commission a $5,000 challenge grant 10 as a supplement to existing funding; and 11 WHEREAS, this grant requires no matching funds. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 13 OF VIRGINIA BEACH, VIRGINIA: 14 1. That a grant in the amount of $5,000 from the 15 Virginia Commission for the Arts is hereby accepted and 16 appropriated to the Arts and Humanities Commission's FY 1997-98 17 Operating Budget for the purpose of providing additional grants to 18 arts and cultural agencies; and 19 2. That estimated revenue from the Commonwealth of 20 Virginia is hereby increased in the amount of $5,000. 21 Adopted by the Council of the City of Virginia Beach, 22 Virginia, on the 18 day of November , 1997. 23 24 25 26 CA- 6842 ORD IN\NONCODE \ARTS. ORD R-1 PREPARED: 11/10/97 27 APPROVED AS TO CONTENTS: 28 29 Management Services 30 31 32 33 APPROVED AS TO LEGAL SUFFICIENCY: La~De%artment -39- Item I~-L 11. RESOLUTIONS ITEM # 42846 Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $110, 651from the Commonwealth of Virginia State Compensation Board; and, TRANSFER $83,172 from the General Fund Reserve for Contingencies to the FY 1997-1998 Operating Budget of the Office of the Commonwealth's Attorney re additional staff and equipment for the prosecution of domestic violence cases; and, estimated revenue from the Commonwealth be increased accordingly. VotJng: 7-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood 0 Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober, Mayor Meyera E. Oberndorf Reba S. McClanan and Louisa M. Strayhorn November 18, 1997 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS IN THE AMOUNT OF $110,651 FROM THE COMMONWEALTH OF VIRGINIA STATE COMPENSATION BOARD, AND TO TRANSFER FUNDS IN THE AMOUNT OF $83,172 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES, TO THE FY 1997-98 OPERATING BUDGET OF THE OFFICE OF THE COMMONWEALTH'S ATTORNEY FOR THE PURPOSE OF PROVIDING ADDITIONAL STAFF AND EQUIPMENT FOR THE PROSECUTION OF DOMESTIC VIOLENCE CASES WHEREAS, due to growing concern over domestic violence, the Commonwealth of Virginia State Compensation Board (the "Board") has approved additional attorney and support staff positions for most localities in the State to enhance domestic violence prosecution; WHEREAS, of the additional positions approved by the Board, four attorney and three support staff positions have been approved for the City of Virginia Beach; WHEREAS, the Board has approved funds in the amount of $110,651 for these additional positions; and WHEREAS, funds in the amount of $83,172 will need to be provided by the City for salary supplements and operating expenses not covered by the Board. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That funds in the amount of $110,651 from the Commonwealth of Virginia State Compensation Board are hereby accepted and appropriated to the FY 1997-98 Operating Budget of the Office of the Commonwealth's Attorney for the purpose of providing additional staff for the prosecution of domestic violence cases; 2. That funds in the amount of $83,172 are hereby transferred from the FY 1997-98 General Fund Reserve for Contingehcies to the FY 1997-98 Operating Budget of the Office of the Commonwealth's Attorney for the purpose of providing salary supplements and operating expenses not covered by the Board; and 3. That estimated revenue from the Commonwealth of Virginia is hereby increased in the amount of $110,651. Adopted by the City Council of the City of Virginia Beach on this 18 day of November 1997. CA-6836 DATA/ORD IN/NONCODE/DOMESTI C. ORD NOVEMBER 10, 1997 Ri APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: T~epartment of Law - 40- Item VI-I. 12. a. RES OL UTIONS/ORDINANCES ITEM # 42847 Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize temporary encroachment: Into a portion of the City's 25' Strip of property surrounding Lake Joyce adjacent to 2349 Bayville Road by Robert B. Jr. and Barbara H. Cromwell re constructing and maintaining a wooden bulkhead with related backfill with marginal wharf (pier); and, to maintain an existing wooden bulkhead and concrete driveway. (L.~7',,~, ;I'L4' VEN 20P, OL~H)BA YSIDE BOROUGH The following conditions shah be required: , It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location. . It is expressly understood and agreed that the temporary encroachment authorized shah terminate upon notice by the City of Virginia Beach to the applicant and that within thirty (30) days after such notice is given, such temporary encroachment shah be removed from the above referenced City property by the apphcant and that the applicant shah bear aH costs and expenses of such removal. . It is expressly understood and agreed that the applicant shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against aH clazms, damages, losses and expenses including reasonable attorney's fees in case it shah be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. . It is understood and agreed that nothing herein contained shah be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified heretn, nor to permit the maintenance and constructton of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. The applicant must obtain a permit from the Development Services Center prior to commencing any construction within the City's property. The applicant shah obtain and keep in force AH Risk Property Insurance and General Liability or such insurance as is deemed necessary by the City, and aH insurance policies must name the City as additional named insured or loss payee, as applicable The applicant agrees to carry Comprehensive General Liability Insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The applicant will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. November 18, 1997 - 41 - Item VI-I. 12. a. ~S OL UTIONS/ORDINANCES ITEM # 4284 7 (Continued) 10. It is understood and agreed that any above ground temporary encroachment shall conform to the minimum setback requirements, as established by the City Traffic Engineer's Office The applicant shah submit for review and approval, a survey of the area being encroached upon, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the temporary encroachment sealed by a registeredprofessional engineer, if required by either the City Engineer's Oj~ce or the Engineering Division of the Public Utilities Department. The City, upon revocation of such authority and permission so granted, may remove any such temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and pending such removal, the City may charge the applicant compensation for the use of such portion of the City's property encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time ordered in this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100 00) per day for each and every day that such temporary encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by ~aw for the collection of local or state taxes. Voting: 7-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, IIL William W. Harrison, Jr., Barbara M Henley, Louis R. Jones, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober, Mayor Meyera E. Oberndorf Reba S. McClanan and Louisa M. Strayhorn November 18, 1997 1 Requested by Department of Public Works 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE 25' STRIP OF CITY OWNED PROPERTY SURROUNDING LAKE JOYCE BY ROBERT B CROMWELL, JR AND BARBARA H CROMWELL, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE 11 WHEREAS, Robert B Cromwell, Jr and Barbara H Cromwell, desire to 12 construct and maintain a proposed wooden bulkhead with related backfill and marginal wharf (pier) and to maintain an existing wooden bulkhead and concrete driveway within the City's 14 25' wide strip of property surrounding Lake Joyce and being immediately adjacent to the 15 property owned by Robert B Cromwell, Jr and Barbara H Cromwell located at 2349 Bayvflle 16 Road, Virginia Beach, Virginia 23455 17 WHEREAS, Robert B Cromwell, Jr and Barbara H Cromwell have obtained t 8 written permission from the City of Norfolk to install and maintain said improvements and that 19 such installation and maintenance shall not be deemed a wolation of the terms an con&t~ons 20 of the conveyance ofthe aforesaid 25' strip of property to the City of Vlrgima Beach from the 21 C~ty of Norfolk by that certain deed dated July 2 l, 1967 and being duly of record in the Office 22 of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 1018, 2 5 at Page 154 24 WHEREAS, City Council is authorized pursuant to §§ 15 1-316 and 15 1-893, 25 Code of Vlrglma, 1950, as amended, to authorize a temporary encroachments upon the City's 2 6 property subject to such terms and condltlons as Council may prescribe 27 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 2 8 OF VIRG1NIA BEACH, VIRGINIA 29 That pursuant to the authority and to the extent thereof contained in §§15.1-316 30 and 15.1-893, Code of Virginia, 1950, as amended, Robert B. Cromwell, Jr. and 31 Barbara H. Cromwell, their heirs, assigns and successors in title are authorized to construct 32 and maintain a temporary encroachment of a proposed wooden bulkhead with related backfill 33 and marginal wharf (pier) and existing wooden bulkhead and concrete driveway within that 34 portion of the City's 25' strip of property surrounding Lake Joyce that lies immediately 35 adjacent to 2349 Bayville Road, Virginia Beach, Virginia 23455 as shown on those certain five 36 (5) plats entitled: "PROP. BULKHEAD/FILL/PIER IN: LAKE JOYCE AT: 2349 37 BAYVILLE ROAD VIRGINIA BEACH, VA 23452 APPLICATION BY: ROBERT B. 38 CROMWELL DATE: JUNE 26, 1997 WATERFRONT CONSULTING, INC.", copies of 39 which are on file in the Department of Public Works and to which reference is made for a 40 more particular description; and 41 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 42 subject to those terms, conditions and criteria contained in the Agreement between the City 43 of Virginia Beach and Robert B. Cromwell, Jr. and Barbara H. Cromwell (the 44 "Agreement"), which is attached hereto and incorporated by reference; and 45 BE IT FURTHER ORDAINED, that the City Manager or his authorized 46 designee is hereby authorized to execute the Agreement; and 47 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 48 such time as Robert B. Cromwell, Jr., Barbara H. Cromwell and the City Manager or his 49 authorized designee execute the Agreement. 50 51 day of Adopted by the Council of the City of Virginia Beach, Virginia, on the November , 1997. 18 52 CA-6830 APPROVED AS TO CONTENTS , (0/ sIGNATIJRE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM - ~),-(~ ~y AJ~FOi~Y i n LOCATION MAP SCALE: 1" -- 1,600' / / / II LAKE JOYCE // LOCATIO PROPOSED AND EXISTING ENCROACHMENTS INTO THE 25' STRIP OF CITY OWNED PROPERTY AT LAKE JOYCE / FOR~ ROBERT B. CROMWELL l BARBARA H. C SCALE: 1' -- 100'" PREPARED BY P/W ENG. DRAFT. 04-NOV-1997 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1-81 l(a)(3) AND 58 1-811 (c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this ~.~ ~-'~day of ,~j,,~e~~, 19 ~'~, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party of the first part, and ROBERT B CROMWELL, JR and BARBARA H CROMWELL, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, parties of the second part WITNESSETH That, WHEREAS, the parties of the second part are the owners of that certain lot, tract, or parcel of land deslbmated and described as "Lot 16, Section 2, Bay Lake Pines" and being further deslbmated and described as "2349 Bayvlile Road, Virginia Beach, V~rgima 23455 · GP1N 1570-80-9287", and That, WHEREAS, the party of the first part was conveyed certain properties by the City of Norfolk, Virginia including but not hmlted to, Lake Joyce and a strip of property 25' in width surrounding Lake Joyce, by that certain deed dated July 21, 1967 and bmng duly recorded In the Office of the Clerk of the Circuit Court of the City of Vlrgqnla Beach, Virginia In Deed Book 1018, at Page 154, and That, WHEREAS, ~t is proposed by the parties of the second part to construct and GPIN 1570-80-9287 maintain a wooden bulkhead with related fill material and a marginal wharf (pier), and to mmntaln an ex,sting wooden bulkhead and concrete driveway ~n the C~ty of V~rg~ma Beach, and That, WHEREAS, ~n constructing and maintmnmg such wooden bulkhead w~th related fill material and marginal wharf (p~er), and ~n ma~nta~mng the smd ex~st~ng wooden bulkhead and concrete driveway, it ~s necessary that the smd part,es of the second part encroach into a portion of the adjoining C~ty property, 25' m width, and surrounchng Lake Joyce, and the said part,es of the second part have requested that the party of the first part grant a temporary encroachment to thcJlltate such proposed wooden bulkhead w~th related fill material, proposed marginal wharf (pier), existing wooden bulkhead, and emst~ng concrete driveway within a portion of the City property, 25' ~n w~dth, that surrotmds Lake .loyce and adjoins the property of the parties of the second part, and That, WHEREAS, the aforementioned deed conveying the 25' strip of property surrounding Lake Joyce to the party of the first part stipulates that the smd property Is to be used by the party of the first part for pubhc or mumc~pai purposes and that upon breach of the conditions, the C~ty of Norfolk, V~rgmia shall have the right to re-enter the property conveyed and the t~tle to the smd property shall revert to the City of Norfolk, Vlrg~ma, and That, WHEREAS, the parties of the second part have obtained written permission from the City of Norfolk, Virginia to encroach into the aforesaid 25' strip of property with the aforesaid proposed wooden bulkhead w~th related fill material, proposed marginal wharf (pier), ex,sting wooden bulkhead, and ex~st~ng concrete driveway, a copy of which is attached hereto as "Exhibit A", and That, WHEREAS, ~n granting such permisston, the City ofNorfoik, V~rg~ma agrees that the placement of the proposed wooden bulkhead with related fill material, proposed marginal wharf (pier), ex~sttng wooden bulkhead, and ex~stmg concrete driveway shall not be deemed a breach of the aforesaid conditions of conveyance by the City of Norfolk, Vlrglma, and NOW, THEREFORE, for and ~n constderat~on of the premises and of the benefits accrmng or to accrue to the parttes of the second part and for the thrther consideration of One Dollar ($1 00), In hand paid, to the smd party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the pames of the second part a temporary encroaclunent to use that portion of the C~ty's property, 25' in width, which surrounds Lake Joyce and adjoins the property of the pames of the second part, for the purpose of constructing and malntatnlng such wooden bulkhead wtth related fill material and margtnai wharf (pter), and to maintain the existing wooden bulkhead and concrete driveway It is expressly understood and agreed that such temporary encroachment will be constructed and mamtatned tn accordance w~th the laws of the Commonwealth of Virgima and the City of V~rglma Beach, and m accordance with the City of VIrgtma Beach Pubhc Works Department's spectficatlons and approval as to size, alignment and location and is more particularly described as follows, to wit An area of temporary encroachment Into a portton of the City's property, 25' m w~dth, which surrounds Lake Joyce as shown on those certain five (5) plats entitled "PROP BULKHEAD/FILL/PIER. IN LAKE JOYCE. AT 2349 BAYVILLE ROAD VIRGINIA BEACIq, VA 23452. APPLICATION BY ROBERT B CROMWELL · DATE JUNE 26, 1997 WATERFRONT CONSULTING, INC" coptes of which are attached hereto as "EXHIBIT B" to which reference ~s made for a more particular description It ~s further expressly understood and agreed that the temporary encroachment here~n authorized shall tenmnate upon not, ce by the C~ty of V~rg~ma Beach to the pames of the second part, and that w~thln thirty (30) days after such not,ce ~s given, such temporary encroachment shall be removed from the above referenced C~ty property by the part,es of the second part, and that the parties of the second part shall bear all costs and expenses of such removal It ~s further expressly understood and agreed that the part,es of the second part shall ~ndemmfy and hold harmless the C~ty of V~rgm~a Beach, ~ts agents and employees, from and agmnst all clmms, damages, losses and expenses including reasonable attorney's fees ~n case ~t shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment It is further expressly understood and agreed that nothing herein contmned shall be construed to enlarge such permission and authority to permit the mmntenance or construction of any encroachment other than that specffied herein and to the limited extent specified herein, nor to permit the mmntenance and construction of any encroachment by anyone other than the pames of the second part It ~s further expressly understood and agreed that the pames of the second part agree to mmntam smd temporary encroachment so as not to become unsightly or a hazard It ~s further expressly understood and agreed that the part~es of the second part must obtmn a permit from the Development Serwces Center prior to commencing any construction wtthm the City's property It ~s further expressly understood and agreed that the pames of the second part shall obtmn and keep in force All Risk Property Insurance and General Lmbtllty or such insurance as ts deemed necessary by the party of the first part, and all ~nsurance polmtes must name the party of the first part as additional named ~nsured or loss payee, as apphcable The parties of the second part also agrees to carry Comprehenstve General Ltabll~ty Insurance tn an amount not less than $500,000 00, combtned s~ngle hmlts of such tnsurance pohcy or pohctes The pan,es of the second part uall provide endorsements providing at least thirty (30) days written notice to the party of the first part prior to the cancellation or termination of, or material change to, any of the insurance policies The part,es of the second part assume all responslb~l~ttes and l~ablltttes, vested or contingent, w~th relation to the temporary encroachment It ts further expressly understood and agreed that any above ground temporary encroachment shall conform to the m~mmum setbacks reqmrements, as established by the Ctty Traffic Engineer's Office It ~s further expressly understood and agreed that the pames of the second part shall submit for review and approval, a survey of the area betng encroached upon, cemfied by a regtstered professional engmeer or a I~censed land surveyor, and/or "as built" plans of the temporary encroachment sealed by a registered professional engineer, ~f reqmred by etther the City Engineer's Office or the Engtneerlng Division of the Public Utlht~es Department It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such temporary encroachment and charge the cost thereof to the parties of the second part, and collect the cost any manner promded by law for the collection of local or state taxes, may require the pames of the second part to remove such temporary encroachment, and pending such removal, the party of the first part may charge the part~es of the second part compensation for the use of such port~on of the City's property encroached upon the eqmvalent of what would be the real property tax upon the land so occupied if ~t were owned by the part~es of the second part, and ~f such removal shall not be made within the time ordered heremabove by th~s Agreement, the C~ty. shall Impose a penalty in the sum of One Hundred Dollars ($100 00) per day for each and every day that such temporary encroachment is allowed to continue thereafter, and shall collect such compensation and penalties ~n any manner provided by law for the collection of local or state taxes IN WITNESS WHEREOF, ROBERT B CROMWELL, JR and BARBARA H CROMWELL, husband and wife, the smd parties of the second part have caused th~s Agreement to be executed by their signatures and seals duly affixed Further, that the City of V~rg~ma Beach has caused th~s Agreement to be executed Tn its name and on its behalf by ~ts C~ty Manager and its seal be hereunto affixed and attested by ~ts C~ty Clerk CITY OF VIRGINIA BEACH By C~ty Manager/Authorized Designee of the C~ty Manager (SEAL) ATTEST City Clerk DEPARTMENT I APPROVED AS TO LEGP:L SUFFICIENCY _ (_. ,,.-~,,qA/.~_..Z~' (SEAL) BARBARA H CROMWELL STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-w~t The foregomng mnstrument was acknowledged before me th~s day of ,, 19 ,by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER My Commission Expires Notary Pubhc STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit The foregoing instrument was acknowledged before me th~s day of ., 19. ., by RUTH HODGES SMITH, C~ty Clerk for the CITY OF VIRGINIA BEACH My Commission Expires Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-w~t The foregmng Instrument was acknowledged betbre me th~s ,19 q___V, by ROBERT B CROMWELL, JR and BARBARA H CROMWELL day of Notary Pubhc - ff My Commission Expires ?/~ ' L.tt~'~,., loll. ~l~l ~ ,I Lq L~'' ~' I , ":-ii ~ce ¢ the Ci~ Manager October 22 19~ Mr. James K. Spore City Manager City of Virginia Beach Municipal Center Virginia Beach, Virginia 23456 Re: Lake Joyce, Waiver of Reverter Interest Robert B. Cromwell, 2349 Bayville Road Dear Jim, As you know, in 1967 the Norfolk City Council adopted an ordinance conveying Lake Joyce along with a 25-foot wide strip of land around the lake to the City of Virginia Beach. The deed by which the lake was conveyed contained certain language which required the City of Virginia Beach to use the conveyed property exclusively for public or municipal purposes and provided that the property should not be conveyed, sold or leased and should not be permitted to be used for any other purpose. In the event this condition was breached, the property would revert to Norfolk. Mr. Robert B. Cromwell has requested approval to encroach into the Lake Joyce property adjacent to his residence located at 2349 Bayville Road, for a proposed bulkhead, pier, related backfill, and an existing bulkhead and concrete driveway. The matter of waiving the City of Norfolk's reverter interest for these encroachments for the proposed bulkhead, pier, related backfill, and the existing bulkhead and concrete driveway was presented to City Council and they offered no objections. Therefore, the City of Norfolk would not consider the requested approval of encroachment by Mr. Robert B. Cromwell, if authorized by the City of Virginia Beach, to violate the conditions in Norfolk's deed to Virginia Beach. This position is taken only with respect to the facts set forth herein as it relates to the strip of land situated adjacent to 2349 Bayville Road, Virginia Beach, Virginia, 23455. This action does not demonstrate or control similar instances, past, present, or future. .----...-__ iver, Jr. '-- ' ~y M~ager CC.' Mr.. Robert B. Cromwell "EXHIBIT A" 1101 City Hall Building / Norfolk, Virginia 23510 / (804) 664-4242 / Fax: (804) 664-4239 ,, . LAKE JOYCE PROPOSED WOODEN BULKH~D OHW AT BULKHEAD 5' RETURNWALL 25' STRIP OWNED BY CITY OF VA. BEACH-PLAT EXISTING WOODEN BULKHEAD PROPOSED 4'x$2' MARGINAL WHARF ROBERT A. ROSS · · . CbhCREI~E ,, . DRIVEWAY .. '. · · ·· · S 28'45'38' W 78.99' FILL CONCRETE BOAT RAMP NO LONGER IN USE. 2' RETURN INTO EXISTING WOOD BULKHEAD "EXHIBIT B" I.AT: N $6'54.7' LON: W 76'07.1' N/F' PAULINE K. GILLOCK PURPOSE: MAINTENANCE DATUM: NVGD MSL 0.00' ADJACENT PROPERTY OWNERS I. PAULINE K. GILLOCK 2. ROBERT A. ROSS J. WATERFRONT CONSULTING, 4698 HANOVER COURT VIRGINIA BEACH, VA 25464 PHN: ~757) 495-8566 FAX: (757) 495-8566 PLAN VIEW SCALE 1" -- 40' PROP. BULKHEAD/FILL/PIER IN: LAKE JOYCE AT: 2349 BAYVILLE ROAD VIRGINIA BEACH. VA 23452 APPLICATION BY: ROBERT B. CROMWELL SHEET ! OF 5 DATE: JUNE 2.6. 1997 SITE DATA: LEGAL DESCRIPTION: LOT 16, BAYLAKE PINES SITE SURYEY BY: GALLUP SURVEYORS & ENGINEERS REF': M.B. 58 PG. 21 & D.B. !226 PG. I12 GPIN: 1570-80-9287-0000 ZONING: R- ! 0 DATE: MAY 7, lgg7 C. El. P.A. NOTES' PROJECT IS WATER DEPENDENT AND EXEMPT. SEQUENCE OF EVENTS: 1. SECURE ALL REQUIRED PERMITS. 2. DESIGNATE CONSTRUCTION LIMIT AND MATERIALS ACCESSWAY WITH SAFETY FENCE AS DENOTED ON PLAN VIEW. $. CONSTRUCT PROJECT BY MECHANICAL MEANS. 4. ALL FILLED/DISTURBED/DENUDED/IMPACTED AREAS SHALL BE IMMEDIATELY STABILIZED BY MULCHING, GRADING AND SEEDING. ALL SUCH AREAS SHALL BE RETAINED LANDWARD OF THE STRUCTURE BY AN E.S.C. BARRIER WHICH SHALL BE MAINTAINED UNTIL THE AFFECTED AREA IS PERMANETLY STABILIZED. 5. DISPOSE OF ALL CONSTRUCTION DEBRIS IN A LAWFUL MANNER. CONTROLS POINT 1 2 ~ A-B: 11.~' A 81' 13-C: 47' [3 57' 89' C-D: 16' C gg' 89' D-E: !6' D ! 14' 93' E-F': 16' E ! 2 7'95' F-G: F 136' 93' G-H: 16' G 92' 127' H-I: 12' H 93' 125' I-J: 22' I 9~' 124' J-K: $4' J 91' ! 17' TOTAL: ,]22 LINEAR FEET K 95' 110' GRASS PLANTING SCHEDULE: TYPE: KENTUCKY $1 NARROW LEAF FESCUES BERMUDA TIME TO SEED 9/16-4/$0 9/16-4/$0 ~/~-~/~ PURPOSE: MAINTENANCE DATUM: NVGD MSL 0.00' ADJACENT PROPERTY OWNERS I. PAULINE K. GILLOCK 2.. ROBERT A. ROSS 3. RATE 8LBS/1,000SF 6LeS/~,OOOS~ 2LBS/1,OOOSF I WATERFRONT CONSULTING, INC 4698 HANOVER COURT VIRGINIA BEACH, VA 2,3464 PHN: ('757) 495-8566 FAX: (757) 495-8566 _ I PROP. BULKHEAD/FILL/PIER IN: LAKE JOYCE AT: 2549 BAYVILLE ROAD VIRGINIA BEACH, VA 2.3452 APPLICATION BY: ROBERT B. CROMWELL SHEET 2 OF 5 DATE: JUNE 26, 1997 CROSS SECTION BULKHEAD AND FILL i- 20' LIHIT OF FILL N- 2'-.'I 2'x 6' CONT. CAP,~ 2' ~ 6' WALERm~---~ !,~.,-- TEHP. 18' E.S.C. SILT FENCE -f OHW . PROP. GRADE --.~, EXIST. GRADE 5/8'x I0' TIE RODS ~1 *' // o.o' ON fill FIL TERCLOTH 8' x 4' DEADHAN 0.0' ON CENTER -- G BULKHEAD ~DIHENSIONS UNKNOWNI TO REHAIN 2'x IO'x 8' SHEETPILE ~MINIHUH} TONGUE-AND-GROOVE 50~, PENETRATION HIN. HATERIALS SPECS: ALL WOOD C.C.A. 2.5 PCP {SALT TREA TEDI ALL WOOD TO BE GRADE 2 OR BETTER. ALL HARDWARE TO BE H.D. GALVANIZED TOP VIEW CORNER DETAIL NT.$. I~ULKHEAD DESIGN IS I~ASED ON STANDARD DSIGN PRACTICES. ATYPICAL SITE CONDITIONS NOT VISUALLY APPARENT HAVE NOT BEEN TAKEN INTO ACCOUNT. PURPOSE: MAINTENANCE DATUM: NVGD MSL 0.00' ADJACENT PROPERTY OWNERS I. PAULINE K. GILLOCK 2. ROBERT A. ROSS ,.t. I WATERFRONT CONSULTING, INC 4698 HANOVER COURT VIRGINIA BEACH. VA 23464 PHN: ('757) 49S-8,566 FAX: (7,57) 495-8566 PROP. BULKHEAD/FILL/PIER IN: LAKE JOYCE AT: 234g BAYVILLE ROAD VIRGINIA BEACH, VA 23452 APPLICATION BY: ROBERT B. CROMWELL SHEET 3 OF 5 DATE: JUNE 26. 1997 PROPOSED PIER DETAILS i SCALE I/2' - 1.0' 8' O' t'lAX CENTERS ~ ./- WEATHER TUFF (TYPI " Il" [I '"L ........ II/' ii ' ~ ATTACH DECK TO ,JOISTS tU g ~ DECKING-- ' IRTH 16D, TCypOt~ HAl.. . ,1~1 II II]' /I / I]' Il .. lB 2'~ 8' FEADER --,..~ OHW 0.0 5/8'~ 14' ttF. A TI-ER TU:F WITH 5/8' OGEE WASI-ER AND NUT HA TERIALS SPEC/FICA TIONS~ · PILING' C.C.A. 2.5 PCP [HP-88:1 FRAHING' C.C A. 2.5 PCP ~HLP-88J (ALL WOOD TO BE GRADE TWO OR BETTER) DECKING: C.C.A. 0.4 PCP [LP-22) OR BETTER HARDWARE: H.D. GAL. VAMZED EASTH-AISS] PIER DESIGN IS BASED ON STANDARD DSIGN PRACTICES. ATYPICAL SITE CONDITIONS NOT VISUALLY' APPARENT HAVE NOT BEEN TAKEN INTO ACCOUNT. PURPOSE: MAINTENANCE DATUM: NVGD MSL 0.00' ADJACENT PROPERTY OWNERS 1. PAULINE K. GILLOCK 2. ROBERT A. ROSS $. I I II WATERFRONT CONSULTING, INC 4698 HANOVER COURT VIRGINIA BEACH. VA 23464 PHN: (757) 495-8566 FAX: (757) 495-8566 PROP. BULKHEAD/FILL/PIER IN: LAKE JOYCE AT: 2349 BAYVILLE ROAD VIRGINIA BEACH, VA 23452 APPLICATION BY: ROBERT B. CROMWELL SHEET 4 OF 5 DATE' JUNE 26, 1997 SE! GIIIO ~11 -'iiiiuigoi~ TIlE BAY PURPOSE: MAINTENANCE DATUM: NVGD MSL O.00' ADJACENT PROPERTY OWNERS 1. PAULINE K. GILLOCK 2. ROBERT A. ROSS $. COPYRIGHT ADC THE MAP PEOPLE PERMITTED USE NO. 20297482 I WATERFRONT CONSULTING, lNG 4698 HANOVER COURT VIRGINIA BEACH, VA 25464 PHN: ('757) 49.5-8566 FAX: (757) 495-8566 VICINITY MAP SCALE l" = 2,000' PROP. BULKHEAD/rILL/PIER IN: I.AgE JOYCE AT: 254g BAYVILLE ROAD VIRGINIA BEACH, VA APPLICATION BY: ROBERT B. CROMWELL SHEET 5 OF 5 DATE: JUNE 26, 1997 Item VI-I. 12. b.. RES OL UTIONS/ORDINANCES ITEM # 42848 Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize temporary encroachment: Into a portion of the City's right-of-ways known as 65th Street and Atlantic Avenue by Lillian G. and Donald G. Martin, Audrey C. and Gary L. Sears re constructing and maintaining a wooden fence at 200 65th Street (L YNNHA YEN BOROUGH) The following conditions shall be required: . . , . It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virgtnia and the City of Virginia Beach and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location. It is understood and agreed that the temporary encroachment shah terminate upon notice by the City of Virginia Beach to the applicant, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's right-of-ways known as 65th Street and Atlantic Avenue by the applicant; and that the applicant shah bear aH costs and expenses of such removal. The applicant shall indemmfy and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance of construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. The applicant agrees to maintain said temporary encroachment so as not to become unsightly or a hazard. The applicant must submit and have approved a traffic control plan before commencing work in the City's right-of-ways. The applicant agrees that no open cut of the public roadway shah be allowed except under extreme circumstances. Such exceptions shah be submitted to the Highway Division, Department of Public Works, for final approval. The applicant must obtain a permit from the Development Services Center prior to commencing any construction within the City's right-of-way. The applicant must post a bond in the amount of $500 prior to issuance of a Highway permit. November 18, 1997 - 43 - Item VIJ. 12. b.. R E, ~ O L UTI O NS/O RD INAN CE S ITEM # 42848 (Continued) 10. 11. 12. 13. The applicant shall obtain and keep in force ,411 Risk Property insurance and General Liability or such insurance as is deemed necessary by the City of Virginia Beach, and all insurance policies must name the City of Virginia Beach as additional named insured or loss payee, as applicable. The applicant also agrees to carry Comprehensive General Liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The applicant will provide endorsements providing at least thirty (30) days written notice to the City of Virginia Beach prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. ,4ny above ground temporary encroachments shall conform to the minimum setback requirements, as established by the City Traffic Engineer's Office. The applicant shall submit for review and approval, a survey of the area being encroached upon, certified by a professional engineer, and/or "as built" plans of the temporary encroachment, if required by either the City Engmeer's Office or the Engineering Division of the Public Utilities Department. The applicant, upon revocation of such authority and permission so granted, may remove any such temporary encroachment and charge the cost thereof to the apphcant, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and pending such removal, the City of Virginia Beach may charge the applicant compensation for the use of such portion of the City's right-of-ways encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made w~thin the time ordered by this agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100. 00) per day for each and every day that such temporary encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 7-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0 Branch, III, Wilham W. Harrison, Jr, Barbara M. Henley, Louis R. Jones, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members `4bsent: Harold Heischober, Mayor Meyera E. Oberndo~ Reba S. McClanan and Louisa M. Strayhorn November 18, 1997 1 Requested by Department of Public Works 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE RIGHT-OF-WAY OF 65TH STREET AND ATLANTIC AVENUE BY LILLIAN G. MARTIN, DONALD G. MARTIN, AUDREY C. SEARS AND GARY L. SEARS, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE 13 WHEREAS, Lillian G. Martin, Donald G. Martin, Audrey 14 C. Sears and Gary L. Sears, desire to construct and maintain 15 a fence into the City's rights-of-way located at 65th Street 16 and Atlantic Avenue. 17 WHEREAS, City Council is authorized pursuant to §§ 18 15.1-316 and 15.1-893, Code of Virginia, 1950, as amended, to 19 authorize a temporary encroachments upon the City's right-of- 20 way subject to such terms and conditions as Council may 21 prescribe. 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE 23 CITY OF VIRGINIA BEACH, VIRGINIA: 24 That pursuant to the authority and to the extent 25 thereof contained in §§ 15.1-316 and 15.1-893, Code of 26 Virginia, 1950, as amended Lillian G. Martin, Donald G. Martin, 27 Audrey C. Sears and Gary L. Sears, their assigns and successors 28 in title is authorized to construct and maintain a temporary 29 encroachment for a fence in the City's right-of-way as shown 30 on the map entitled- "Exhibit A Physical Survey of- Lot 3, 31 Block 20, Plat showing Revised Subdivision of Lots 1-12-3-4-5-6, 32 Block Sec. E, Cape Henry Syndicate Virginia Beach, Virginia 33 for. Donald G Martin Lilian C. Martin, a copy of which is on 34 file in the Department of Public Works and to which reference 35 is made for a more particular description; and 36 BE IT FURTHER ORDAINED, that the temporary 37 encroachments are expressly subject to those terms, conditions 38 and criteria contained in the agreement between the City of 39 Virginia Beach and 40 Lillian G. Martin, Donald G. Martin, Audrey C. Sears and Gary 41 L. Sears, which is attached hereto and incorporated by 42 reference; and 43 BE IT FURTHER ORDAINED that the City Manager or his 44 authorized designee is hereby authorized to execute the 45 Agreement. 46 BE IT FURTHER ORDAINED, that this Ordinance shall not 47 be in effect until such time as Lillian G. Martin, Donald G. 48 Martin, Audrey C. Sears, Gary L. Sears and the City Manager or 49 his authorized designee execute the Agreement. 50 51 Adopted by the Council of the City of Virginia Beach, 18 November Virginia, on the day of , 1997. 52 53 54 55 pde] esu/ma rtln/ord. R-1 PREPARED: 9/15/97 ~PROVED AS TO CONTENTS DEPARTMENT APPROVED AS TO LEC, AL SUFFICIENCY AND FO~M CITY ATTORNEY Site LOCATION MAP SCALE: 1" = 1,600' LOCATION MAP FOR THE ENCROACHMENT O --- ..... LILLIAN G. MARTIN 200 65TH STREET SCALE: 1" = PRFPARFI~ FlY PREPARED BY VIRGINIA BEACH CITY A~I~ORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER sECTIONS 58.1-811(a)(3) AND 58.1-811Cc)[4) REIMBURSEMENT AUTHORIZED UNDEN SECTION 25-249 19.~ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party of the first part, and LILLIAN G. MARTIN and DONALD G. MARTIN, her husband, and AUDREY C. SEARS and GARY L. SEARS, her husband THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, parties of the second part. W I T N E S S. E T H: That, WHEREAS, the parties of the second part are the owners of that certain lot, tract, or parcel of land designated and described as "(Lot 3, Block 20 Section E, Cape Henry)" and being further designated and described as "200 65th Street , Virginia Beach, Virginia 23451 GPIN 2419-73-2350" and That, WHEREAS, it is proposed by the parties of the second part to construct and maintain a wooden fence in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such wooden fence, it is necessary that the said parties of the second part encroach into a portion of an existing City right-of-ways known as 65th Street and Atlantic Avenue; and said parties of the second part have requested that the party of the first part grant a temporary encroachment to facilitate such wooden fence within a portion of the City's right-of-ways known as 65th Street and Atlantic Avenue. NOW, THEREFORE, for and in consideration of the GPIN 2419-73-2350 premises and of the benefits accruing or to accrue to the parties of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the parties of the second part a temporary encroachment to use a portion of the City's right-of- ways known as 65th Street and Atlantic Avenue for the purpose of constructing and maintaining such wooden fence. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of temporary encroachment into a portion of the City's right-of-ways known as 65th Street and Atlantic Avenue as shown on that certain plat entitled: "Physical Survey of: Lot 3, Block 20, Plat Showing Revised Subdivision of Lots 1-2-3-4-5-6, Block Sec. E, Cape Henry Syndicate Virginia Beach, Virginia For: Donald G. Martin Lillian C. Martin," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the parties of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's right-of-ways known as 65th Street and Atlantic Avenue by the parties of the second part; and that the parties of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the parties of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the parties of the second part. It is further expressly understood and agreed that the parties of the second part agree to maintain said temporary encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the parties of the second part must submit and have approved a traffic control plan before commencing work in the City's right- of-ways. It is further expressly understood and agreed that the parties of the second part agrees that no open cut of the public roadway shall be allowed except under extreme circumstances. Such exceptions shall be submitted to the Highway Division, Department of Public Works, for final approval. 3 It is further expressly understood and agreed that the parties of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the City's right-of-ways. It is further expressly understood and agreed that prior to issuance of a Highway permit, the parties of the second part must post a performance bond in the amount of $500. It is further expressly understood and agreed that the parties of the second part shall obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the party of the first part, and all insurance policies must name the party of the first part as additional named insured or loss payee, as applicable. The parties of the second part also agree to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The parties of the second part will provide endorsements providing at least thirty (30) days written notice to the party of the first part prior to the cancellation or termination of, or material change to, any of the insurance policies. The parties of the second part assume all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. It is further expressly understood and agreed that any above ground temporary encroachments shall conform to the minimum setbacks requirements, as established by the City Traffic Engineer's Office. It is further expressly understood and agreed that the parties of the second part shall submit for review and approval, a survey of the area being encroached upon, certified by a professional engineer, and/or "as built" plans of the temporary encroachment, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such temporary encroachment and charge the cost thereof to the parties of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the parties of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the parties of the second part compensation for the use of such portion of the City's right-of-ways encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the parties of the second part; and if such removal shall not be made within the time ordered hereinabove by this agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Lillian G. Martin, Donald G. Martin, Audrey C. Sears and Gary L. Sears, the said parties of the second part, have caused this agreement to be executed by 5 their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH ( SEAL ) ATTEST.' By City Manager/Authorized Designee of the City Manager City Clerk AP,'-i.~ r"'.., ,' ;' "',. ... /.,S i'0 t~,, -. c..i,2, HAl [l:Lr / I , ~ ~ ' D?AR] b/,~N~ ;,PPRr'v':n.,,~. AS TO L~:GAL ..U. F,,.,ENCY AND FORM L~l'l~an G. ~art~n Donald G. Martin '/ Audrey C. ~ears " ~i ~J~t r~. ~x~v-,/ Gary ~. Se~rs STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 19 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 19 , by RUTH HEDGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public STATE OF i~;J~ CITY/C~I~Y- OF ~~,~ ~~/~ , to-wit: The foregoing instrument was acknowledged before me this /~. ~ day of ~t~~ , 19 ~ , by Lillian G. Martin and Donald G. Martin. My Commission Expires: Notary P,..u~l ic STATE OF j~; J~ ClTY/~ OF ~//'r~;,~z. ~ - , to-wit: The foregoing instrument was acknowledged before me this /~ ~ day of ~/(~.~~/~ , 19 ~ , by Audrey S. Sears and Gary L. Sears. My Commission Expires: Notary Pu~ ic - 44 - Item VI-I. 13. MS OL U TIONS/ORD INANCES ITEM # 42849 Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADOPTED: Ordinance appointing viewers in the petition of DEFORD LIMITED, a Virginia Corporation, for the closure of a 30'portion of Wishart Point Court adjoining Lot 12, Subdivision of Wishart Cove North; Lot 36, Subdivision of Wishart Cove Section 2-Part 2; Parcel B, Subdivision of Parcel 2-3 Wishart Cove, Section Two; Lot lA-1 Subdivision of Wishart Cove North; and, Parcel C, Subdivision of Parcel 2-3 Wishart Cove Section Two (BA YSIDE BOROUGH). The Viewers are; David M. Grochmal Robert J. Scott George Tzavaras General Services Planning Public Works Voting: 7-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R Jones, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober, Mayor Meyera E. Oberndo~ Reba S. McClanan and Louisa M. Strayhorn November 18, 1997 ORDINANCE APPOINTING VIEWERS WHEREAS, DEFORM LIMITED, a Virginia corporation, has given due and proper notice in accord with the law, that they would, on the 18th day of November, 1997, apply to the City Council of the City of Virginia Beach, V~rginia, for the appointment of viewers to view the 30' portion of Wishart Point Court adjoining Lot 12, Subdivision of Wishart Cove North; Lot 36, Subdivision of Wishart Cove Section 2 - Part 2; Parcel B, Subdivision of Parcel 2-3 Wishart Cove, Section Two; Lot 1A-1, Subdivision of Wishart Cove North; and Parcel C, Subdivision of Parcel 2-3 Wishart Cove Section Two, in the Bayside Borough of the City of Virginia Beach, Virginia; as shown on that certain survey made by John E. Sirine and Associates, Ltd., Surveyors-Engineers-Planners, dated April 9, 1996, revised October 9, 1996, entitled, "Plat Showing a Portion of Wishart Point Court to be Closed", and to report in writing to this Council whether, in the opinion of said viewers, any, and if any, what inconvenience would result from the discontinuance, closure and abandonment of said portion of Wishart Point Court; and WHEREAS, such application has been properly filed with this Council; and WHEREAS, all requirements of law have been met; NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia, that David M. Grochmal, Robert J. Scoff, and~eorge Tzavara~be, and each of them, is hereby appointed to view that certain portion of Wishart Point Court, Bayside Borough, Virginia Beach, Virginia, and said viewers shall report in writing to this Council as soon as possible, whether, in their opinion, any, and if any, what inconvenience would result to the public from the discontinuance, vacation and abandonment of said portion of Wishart Point Court. Adopted by the Council of the City of Virginia Beach, Virginia, on this 18 day of November ,1997. IN THE MATTER OF THE APPLICATION OF DEFORD LIMITED, A VIRGINIA CORPORATION FOR THE CLOSURE, VACATION AND DISCONTINUANCE OF A PORTION OF WISHART POINT COURT IN BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA PETITION TO: The City Council of the City of Virginia Beach, Virginia Your petitioner, the applicant, DeFord Limited, a Virginia corporation, hereby applies for the vacation, closing and discontinuance of a 30' portion of Wishart Point Court adjoining Lot 12, Subdivision of Wishart Cove North; Lot 36, Subdivision of Wlshart Cove Section 2 - Part 2; Parcel B, Subdivision of Parcel 2-3 Wishart Cove, Section Two; Lot 1A-I, Subdivision of Wishart Cove North; and Parcel C, Subdivision of Parcel 2-3 Wishart Cove Section Two, in the Bayside Borough of the City of Virginia Beach, Virginia; as shown on that certain survey made by John E Sirine and Associates, Ltd, Surveyors-Engineers-Planners, dated April 9, 1996, revised October 9, 1996, entitled, "Plat Showing a Portion of Wishart Point C, ourt to be Closed" Your petitioner and applicant allege that no inconvenience will result to the public by reason of said closure and ask that Council appoint viewers as provided by law to view the smd 30' portion of Wishart Point Court sought to be closed and report in writing to the Council as to whether, in the opinion of the viewers, what inconvenience, if any, would result from the discontinuance and closure as herein sought, at which time the petitioner will ask for passage of an ordinance vacating the 30' portion of Wishart Point Court sought to be closed herein. On October 12 ,199 7., and on October 19 ,199 7 , notice of intention to apply for such vacation to the Council was published as required by law ~n The Virginian-Pilot, a newspaper published or generally circulated in Virginia Beach, Virginia. Respectfully Submitted, DEFORD/J~IMITED, 3hVirgima corporation By Robert H. DeFord, J~ President ,. . R~ }son, Esquire / ~~LLI~ 2101 P~?~~,Rd~TSON' P.C. Post Office Box 1687 Virginia Beach, Virginia 23451 (804) 422-4700 NOTICE TAKE NOTICE of the intention of DeFord Limited, a Virginia corporation, to apply to the City Council of the City of Virginia Beach, Virginia, at a meeting thereof on the 18th day of November, 1997, at 2:00 p.m, in Council Chambers, Municipal Administration Building, Princess Anne, Virginia Beach, Virginia, at which time affected persons may appear and present their views, for the vacation of a portion of Wishart Point Court being a 30' street adjoining Lot 12, Subdivision of Wishart Cove North, Lot 36, Subdivision of Wishart Cove Section 2 - Part 2, Parcel B, Subdivision of Parcel 2-3 Wishart Cove, Section Two, Lot 1A-I, Subdiwsion of Wishart Cove North; and Parcel C, Subdivision of Parcel 2-3 Wishart Cove Section Two, in the Bayside Borough of the City of Virginia Beach, Virginia. By: DEFORD LIMITED,~Virgima corporation AFFIDAVIT STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-w~t: I, John W. Richardson, Attomey for DeFord Limited, a V~rg~nia corporation, being first duly sworn, depose and state: 1 That I am an attorney at law and represent DeFord Limited, a Virg~ma corporation , That on October 9, 1997, I requested The Virginian-Pilot, a newspaper having a general circulation ~n the City of Virginia Beach, V~rgima, to publish on October 12, 1997 and again on October 19, 1997, notice of the presenting of the application to close a pomon of W~shart Point Court, Bayside Borough, Virginia Beach, V~rg~nia. And further this deponent say/~~ ~ /~~ W. ~RDSON Subscribed and sworn to before me this (4°x day of ~(30~X._ , 199 w{ . l~lotary Public - My Commission Expires: 'NOTES: 1 MERIDIAN SOURCE BASED ON PLAT RECORDED IN MAP BOOK 120 AT PAGE 27 2. AREA OF STREET TO BE CLOSED = 14,711 SQ. FT/O 358 ACRE 3 THIS PLAT DOES NOT CONSTITUTE A SUBDIVISION OF LAND ,4- SEE SHEET 2 OF 2 FOR CURVE DATA. 2C' DRAINAGE EAsEMENT-~~ LINE (~ B ~11, P 43) ........... i- - ~ LAKE i~ s SL~' f~ l~b, ~-~ ~/- / / LAKE PORTION OF STREET TO BE OLOSED I ~- . / ~ / / / CIRCLE o SHEET 1 OF 2 PLAT SHOWING "' WlSHART POINT COURT TO BE CLOSED BAYSIDE BOROUGH - VIRGINIA BEACH, VIRGINIA SCALE' 1"=50' ~AY 22, 1995 J~ ~ ,RINE AND ASSOaA~S, L~. SURVEYORS. ENGINEER~. PLANNERS ~VIRGINIA BEACH, VIRGIN,A o Go ~oo ~ 5o GRAPHIC SCALE REVISED OCTOBER 9, 1996 J O #58,3';79 P S 12C NO ' RADIUS 85O 00' CURVE DATA DELTA I ARC 815 00' 08'54'13" 785 OO' 08'54'13" TAN GENT 02'01 '21" 30.01' 15 00' 121 91' 61 07' 117.42' lo SUBDIVISION OF WlSHART COVE NORTH (M B 201, P 67-68) 58 82' J WlSHART LAKE (so') (M ;3 201, P 67-68) DRIVE S 08'56' 43" ~0 ~o o~ ---4 21 35'-\ S 17'3i' .. ~_,.~_ 50 R=I 5 00' -- --~'- £,=109'49'02" A=28 75' T= 21 35' r} GPIN :1:I: 1478-77'-7915 SUBDIVISION CF WISHART ~CVE NCR TH (i B 2Cl, P 67-68) PORTION OF STREET TO BE CLOSED LAKE \ S~JBDIVISI©N OF PARCEL 2- 3 WlSHART COVE SECTION TWO (M B ~20, e 2~) App GX ATE E GE PARCEL ~n' r~RAINAGE EASEMENT / SIJBDIVISION' CF r~'-' "~ 45) / PARCEL 2-3 \ (~ B '~',', P _ ~ ~,~.~/~(:}),~ WISHA~R T CC VF - .~- __ '-~ -_ (M.B 120, P 27) - - / · _ .~-...--?.~ , PARCEL '~3'- ....... ,,' , SHEET 2 OF 2 / , PLAT SHOWING A PORTION OF WlSHART POINT COURT TO BE CLOSED BAh'SIDE BGROUOH - VIRGINIA I-3EACH, VIRGINIA SCALE 1"=5C' MAY 22, 1995 JOHN E. SIRINE AND ASSOCIATES, LTD. SURVEYORS- ENGINEERS- PLANNERS VIRGINIA BEACH, VIRGINIA LLLLJ O~ 0 0 LAKE 50 100 15E PAULE GARRETr No 1171 FEET REVISED d O #58,37.-.9 OCTOBER 9, 1996 GRAPHIC SCALE PS 120 LEGAL DESCRIPTION DESCRIPTION: Portion of Wishart Point Court beginning at the northeast corner of Battle Royal Circle and Wishart Point Court, thence running along the northern right-of-way line of Wishart Point Court the following courses and distances: S87°41'54"E, 98.98' to a point; thence along the arc of a curve to the right, whose radius is 815.00', an arc length of 121.91' to a point; thence S79°07'41"E, 417.29' to a point; thence along the arc of a curve to the left, whose radius is 15.00', an arc length of 28.75' to a point in the western right-of-way line of Wishart Lake Drive; thence turning and running S08°56'43"E, 21.35' to a point; thence turning and running S17°31'11 "E, 34.10' to a point in the southern right-of-way line of Wishart Point Court; thence turning and running along the southern right-of-way line of Wishart Point Court the following courses and distances: N79°07'4 I"W, 458.85' to a point; thence along the arc of a curve to the left whose radius is 785.00', an arc length of 117.42' to a point; thence N87°41'54"W, 99.51' to a point in the eastern right-of-way line of Battle Royal Circle; thence turning and running along the eastern right-of-way line of Battle Royal Circle; thence along the arc of a curve to the left whose radius is 850.00'; an arc length of 30.0 l'to the point of beginning. ALL THAT certain lot, piece or parcel of land situate and being in Bayside Borough, in the City of Virginia Beach, State of Virginia being that portion of Wishart Point Court on that certain survey consisting of two (2) sheets designated as Sheet 1 of 2 and Sheet 2 of 2, each entitled "Plat Showing a Portion of Wishart Point Court to Be Closed, Bayside Borough- Virginia Beach, Virginia", dated May 22, 1995, made by John E. Sirine and Associates, Ltd. GPINNOS. (Lot 12) 1478-77-7915; (Lot 1A-l) 1478-77-5611; (Parcel C) 1478-77-1769, (Parcel B) 1478-77-2835; (Lot 36) 1478-77-1838 WILLIAM C BlSCHOFF JUDITH M COFIELD J KEVlN COLLINS KEVlN E MARTINGAYLE JOHN W RICHARDSON MOODY E STALLINGS, JR BRANDON H ZEIGLER STALLINGS AND RICHARDSON~ RC. ATTORNEYS AND COUNSELORS AT LAW 2101 PARKS AVENUE PAVILION CENTER SUITE 801 P O BOX 1687 VIRGINIA BEACH, VIRGINIA 23451-9687 October 9, 1997 TELEPHONE (757) 422-47OO FACSIMILE (757) 422-3:320 Leslie L. Lilley, Esquire City Attorney Municipal Center Virginia Beach, Virginia 23456 RE: Certificate of Title DESCRIPTION: Port~on of Wishart Point Court beginning at the northeast corner of Battle Royal Circle and Wishart Point Court, thence running along the northern right-of-way line of Wishart Point Court the following courses and distances: S87°41'54"E, 98.98' to a point; thence along the arc of a curve to the right, whose radius is 815.00', an arc length of 121.91' to a point; thence S79°07'4 I"E, 417.29' to a point; thence along the arc of a curve to the left, whose radius is 15 00', an arc length of 28 75' to a point in the western right-of-way line of W~shart Lake Drive; thence turning and running S08°56'43"E, 21.35' to a pmnt; thence turning and runmng S17°31'11"E, 34 10' to a point in the southern right-of-way line of Wishart Point Court; thence turning and running along the southern right-of-way line of Wishart Point Court the following courses and d~stances: N79°07'41 "W, 458.85' to a point; thence along the arc of a curve to the left whose radius is 785.00', an arc length of 117.42' to a point; thence N87°41'54"W, 99 51' to a point in the eastern right-of-way line of Battle Royal Circle; thence turning and running along the eastern right-of-way line of Battle Royal Circle; thence along the arc of a curve to the left whose radius is 850.00'; an arc length of 30.01' to the point of beginning. Dear Mr. Lilley: This office has performed an examination of the general indices in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as to the captioned City street I attach hereto a plat showing the portion of Wishart Point Court described above which is desired to be closed by City ordinance. Title to the property reflected thereon as the portion of the street to be closed is vested in the City of Virginia Beach, Virginia, subject to the following matters 1. Rights or claims of parties in possession and easements or claims of easements not STALLINGS AND RICHARDSON, P.C. Leslie L. Lilley, Esquire October 9, 1997 Page 2 shown by the public records, boundary line disputes, overlaps, encroachments, and any matters not of record which would be disclosed by an accurate survey and the inspection of the premises. 2. Any lien, or right to a lien, for services, labor or material heretofbre or hereafter furnished, imposed by law, and shown or not shown by the public records. 3. Rights of tenants in possession under unrecorded leases. In the event that the captioned street is closed by City ordinance, the fee simple interest therein will vest the northern one-half ( ½ ) of the street to the property owners abutting on the noah and the southern one-half ( ½ ) of the street to the property owners abutting on the south. Therefore, each owner will gain fifteen feet (15') of the street as a fee simple addition to his/her existing property. The property owners abutting on the north are as follows: Wolfgang Bosse and Barbara K. Bosse, owner of Lot 12, Subdivision of Wishart Cover North (MB 201, PG 67-68) by Deed recorded in Deed Book 3612, Page 8 James B. Bostic and Lois D. Bostic, owners of Parcel B, Subdivision of Parcel 2-3, Wishart Cove, Section 2, (MB 120, PG 27), by Deed recorded in Deed Book 2345, Page 405. . James B. Bostic and Lois D. Bostic, owners of Lot 36, Wishart Cove, Section Two, Part 2 (MD 120, PG 4), by Deed recorded in Deed Book 1914, Page 15. The property owners abutting on the south are as follows' DeFord, Limited, a Virginia stock corporation, owner of Lot 1, Subdivision of Parcel 2-3, Wishart Cove, Section 2 (MB 120, PG 27) by Deed recorded in Deed Book 1665, Page 579 . James B. Bostic and Lois D. Bostic, owners of Parcel C, Subdivision of Parcel 2-3, Wishart Cove, Section 2, (MB 120, PG 27) by Deed recorded in Deed Book 3026, Page 1501. STALLINGS AND RICHARDSON, P.C. Leslie L. Lilley, Esquire October 9, 1997 Page 3 This report reflects information revealed as of October 9, 1997 at 8:00 a.m. No representation as to matters not shown in the general indices to the land records in the Clerk's office of the City of Virginia Beach, Virginia is hereby made, unless o/t~rwise shown. ~/~Very,. J fi W. Ric!;dtrdson JWR:mdh (..~ STALLINGS AND RICHARDSON, P.C. EXHIBIT A LEGAL DESCRIPTION DESCRIPTION: Portion of Wishart Point Court beginning at the northeast corner of Battle Royal Circle and Wishart Point Court, thence running along the northern right-of-way line of Wishart Point Court the following courses and distances: S87°41'54"E, 98.98' to a point; thence along the arc of a curve to the right, whose radius is 815.00', an arc length of 121.91' to a point; thence S79°07'41 "E, 417.29' to a point; thence along the arc of a curve to the left, whose radius is 15.00', an arc length of 28.75' to a point in the western right-of-way line of Wishart Lake Drive; thence turning and running S08°56'43"E, 21.35' to a point; thence turning and running S17°31'11 "E, 34 10' to a point in the southern right-of-way line of Wishart Point Court; thence turning and running along the southern right-of-way line of Wishart Point Court the following courses and distances: N79°07'41 "W, 458 85' to a point; thence along the arc of a curve to the left whose radius is 785.00', an arc length of 117.42' to a point; thence N87°41'54"W, 99.51' to a point in the eastem right-of-way line of Battle Royal Circle; thence turning and running along the eastern right-of-way line of Battle Royal Circle; thence along the arc of a curve to the left whose radius is 850.00'; an arc length of 30.0 l'to the point of beginning. ALL THAT certain lot, piece or parcel of land situate and being in Bayside Borough, in the City of Virginia Beach, State of Virginia being that portion of Wishart Point Court on that certain survey consisting of two (2) sheets designated as Sheet 1 of 2 and Sheet 2 of 2, each entitled "Plat Showing a Portion of Wishart Point Court to Be Closed, Bayside Borough - Virginia Beach, Virginia", dated May 22, 1995, made by John E. Sirine and Associates, Ltd. GPINNOS. (Lot 12) 1478-77-7915; (Lot 1A-I) 1478-77-5611; (Parcel C) 1478-77-1769, (Parcel B) 1478-77-2835; (Lot 36) 1478-77-1838 HE Vz RGZNZAN-PzI. OT EZLLED ACCOUNT STALLZNGS AND RZCHARDSON, PC PAVZLZON CTR STE 801 2101 PARKS AVENUE VA BEACH, VA 23451 ETAT~NENT NO. PAGE ZNVOXCE DATE S$ I 10/26/97 BZLLED ACCTI AD NUNBER ZNVC NUNBER 875129502 A9860250 07126S001 ZBEUE EDZTI'ON ZNVC NBR DESCRZPTZON IZZE GROEE ANT. 10/12/97 FSUN 071265001 DEFORD LZHZTED 2 X 0020 112.40 10/19/97 FSUH 071263002 DEFORD LZIGTED 2 X 0020 112.40 TOTAL 22¢.80 Buildi CherubS, Municil~l Ad.dn~ ' ~-,,,,,,m .-my · r ' ----- , State of Virginia City of Norfolk to-.i,, AFFIOAVIT This day D. Johnson personally appeared before me and after being duly sworn made oath that: (1) (Ha) (Sba) is affidavit clark of Tha Viroinian-Pilot a newspaper published by Landmark Communications Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, end Virginia Beach, State of Virginia; (2) That the advertisement hereto annexed at DEFORD LZHZTED has been published in said newspaper during the following dates: 10/12/97 - 10/19/97 Subscribed and sworn to before me in my city and state aforesaid this 2&TH day of OCTOBER X997 Ny commission expires AUGUST 3X, X999 ~ ~ Notary PubZic - 45 - Item VI-I. 14 RES OL UTIONS/ORDINANCES ITEM # 4~850 Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADOPTED: Resolution to authorize the enlargement of a nonconforming use for KENNETH CARL TON REA VES at 908 Old Dam Neck Road in the AG-2 Agricultural District, containing 2.5 acres (PRINCESS ANNE BOROUGH). Voting: 7-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood 0 Branch, III, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober, Mayor Meyera E. Oberndo~ Reba S. McClanan and Louisa M. Strayhorn November 18, 1997 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING STRUCTURE ON PROPERTY LOCATED AT 908 OLD DAM NECK ROAD, IN THE BOROUGH OF PRINCESS ANNE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, Kenneth Carlton Reaves (hereinafter the "Applicant") has made application to the City Council for authorization to enlarge an existing duplex dwelling situated on a certain lot or parcel of land having the address of Old Dam Neck Road, in the AG-2 Agricultural District; and WHEREAS, such lot contains a principal single-family dwelling and a mobile home in addition to the subject duplex dwelling; and WHEREAS, the existing duplex dwelling is a nonconforming use, in that the City Zoning Ordinance allows only one single- family dwelling or duplex dwelling to be constructed on a lot; and WHEREAS, the existing duplex dwelling is a nonconforming use, in that the City Zoning Ordinance does not allow duplex dwellings within the AG-2 Agricultural District; and WHEREAS, the existing duplex dwelling is nonconforming, in that the number of dwelling units on the subject parcel exceeds the number permitted in the AG-2 Agricultural District; and WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the enlargement of the aforesaid structure would be unlawful in the absence of a resolution of the City Council authorizing such enlargement upon a finding that the proposed structure, as enlarged, is equally appropriate or more appropriate to the zoning district than is the existing structure; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed duplex dwelling, as enlarged, will be equally appropriate to the AG-2 Agricultural District as is the existing structure. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 That the proposed enlargement of the subject duplex dwelling, as proposed by the Applicant, be, and hereby is, authorized, upon the following conditions: 1. That the structure, as enlarged, shall conform to the plans and specifications exhibited to the City Council on the date of adoption of this Resolution and on file with the Department of Planning; and 2. That the Applicant obtain any variances determined by the Zoning Administrator to be required under applicable provisions of the City Zoning Ordinance; and 3. That no additional residential dwelling units be permitted upon the property; and 4. That the existing mobile home shall be removed from the property upon completion of the expansion of the duplex dwelling. 50 51 52 53 54 55 the 18 Adopted by the Council of the City of Virginia Beach on day of N~vember , 1997. CA-97-6834 wmm\ ordres \ reaves, res R-1 November 18, 1997 APPROVED AS TO CONTENT Pla~'~- ' "~ - / / APP/ROVED AS TO LEGAL / , Depai'~efft 6f Law ' ' KENNETH CARLTON REAVES GENERAL INFORMATION November 18, 1997 Site Location: 908 Old Dam Neck Road (Northeast side of Old Dam Neck Road, approximately 100 feet west of Dwyer Road) - Princess Anne Borough. Request: Enlargement of a nonconforming duplex dwelling use/structure in the AG-2 Agricultural District. The structure is nonconforming in that: · Duplex dwellings are not a permitted use in the AG-2 Agricultural District. The density of the subject parcel is nonconforming. There are currently four dwelling units on the property, for a density of 1.6 units per acre. The maximum density permitted by right in the AG-2 District ~s one dwelhng unit per fifteen acres; maximum density allowable by conditional use permit ~s one dwelling unit per five acres. · The Zoning Ordinance permits only one single-family detached dwelling or duplex dwelling per lot. Purpose: To add a second bedroom to each of the existing one-bedroom duplex units, comprising an additional 450 square feet in floor area. The applicant intends to remove the existing mobile home from the property upon completion of the bedroom addition, reducing the nonconforming density from 1.6 units per acre to 1.2 dwelling units per acre. Site Size: 2.5 acres. DESCRIPTION OF SITE/PROPOSAL The applicant is requesting permission to expand a nonconforming duplex dwelling by adding an additional bedroom to each one-bedroom unit. The addition is ~ntended to accommodate the existing tenants, and will not increase dwelling unit density. The proposal adds approximately 450 square feet of floor area to the existing 912 square foot structure The existing duplex, a long, narrow structure devoid of architectural detailing, is of substantially lower quality than is typical of the surrounding neighborhood. In addition to providing more living space for each of the duplex units, the enlargement provides an aesthetic improvement, adding width and height at the center of the structure to eliminate the long, "barracks-like" appearance. As noted above, the existing duplex structure has a nonconforming front setback of approximately 30 feet, rather than 50 feet as required. While it appears that the addition meets the 50 foot setback requirement, plans submitted by the applicant to date are insufficient to confirm the addition setback. In the event that addition setback is less than the required 50 feet, a Board of Zoning Appeals variance will be required. In addition to improving the appearance of the existing duplex structure, the applicant intends to remove the dilapidated mobile home currently situated behind the structure. This will reduce the density nonconformity, and improve the overall appearance of the site. It should be noted that this addition is substantially completed. The applicant reports that the original contractor made a commitment to obtmn all necessary permits for the construction, but failed to do so. LAND USE. ZONING AND ~;ITE CHARACTERISTICS Kenneth Carlton Reaves Page 2 Existing Land Use & Zoning: Single-family dwelling, duplex dwelling, and a mobile home, zoned AG-2 Agricultural District. Surrounding Land Use and Zoning: The subject property is a portion of a strip of remaining AG-2 Agricultural District zoning, in an area characterized by residential development with R-10, R-7.5, and R-5D/PD-H2 zoning. Zoning History: The majority of the surrounding property was rezoned from AG-2 to a variety of medium density residential classifications in the mid-1980's. There is no zoning history to report for the subject site. AICUZ: The parcel is located within Noise Zone One surrounding NAS Oceana. COMPREHENSIVE PLAN The 1997 Comprehensive Plan Map reflects a Suburban Residential/Low Density land use recommendation for this site, with residential uses at or below 3.5 dwelling units per acre. PUBLIC SERVICES AND FACILITIES Water/Sewer: The duplex units are connected to city water and sewer. Fire Protection: Adequate Police Protection: Adequate EVALUATION The applicant's plans to improve the existing duplex structure and remove the existing mobile home will make the site more compatible with the surrounding neighborhood, and reduce the overall level of nonconformity. This request is recommended for approval, with the following conditions: RECOMMENDED CONDITIONS: 1 The structure, as enlarged, shall conform to the plans and specifications exhibited to the City Council and on file with the Department of Planning. The applicant shall obtain any variances determined by the Zoning Administrator to be required under applicable provisions of the City Zoning Ordinance. 3. No additional dwelling units shall be permitted on the property. J The existing mobile home shall be removed from the property upon completion of the expansion of the duplex dwelling. Note: Further conditions may be required during the administration of applicable City Ordinances. Kenneth Carlton Reaves Kenneth Carlton Reaves DISCLOSURE STATEMENT NAME(S) OF ALL OWNERS (if different from applicant) " I '' ' '' i ' TYPE OF APPLICATION= Rezoning from to Conditional Use Permit ~~.'~.~ 7~ ~~ Street Closure Subdivision Variance Other i TO BE COMPLETED BY OR FOR THE APPLICANT: I I If the owner is a corporation, list the officers of the corporation: 2. ,, If the applicant is a partnership, firm or other unincorporated organization, list all members or partners in the organization: TO BE COMPLETED BY OR FOR THE OWNER (if different from applicant) I · If the owner is a corporation, list the officers of the corporatioH: · If the owner is a partnership, firm or other unincorporated organization, list all members or partners in the organization: Signature Title ,'~EPARIT 1II'IT OF PI. ANNING . __ , - 46- Item VI-I. 15 RESOL UTIONS/ORDINANCES ITEM # 42851 Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADOPTED: License Refunds in the amount of $4,304.21. Voting: 7-0 (By ConsenO Council Members Voting Aye: John A Baum, Linwood O. Branch, III, William W. Harrison, Jr, Barbara M. Henley, Louis R Jones, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober, Mayor Meyera E. Oberndorf, Reba S. McClanan and Louisa M. Strayhorn November 18, 1997 FORM NO C A e REV AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applicabons for hcense refunds, upon certificabon of the Commismoner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Benson, Betty 812 Deary Lane Va Beach VA 23451 Blewns, Christopher L 3844 Edinburgh Drive Va Beach VA 23452 Chlntanas Inc 106 Whistle Walk Wdhamsburg, VA 23188 Coffee Butler Serwce Inc 3660 Wheeler Avenue Alexandria, VA 22304 1996 Audit 34 49 1995-97 Audit 1995-97 Audit 1995-96 Audit Th~ adc Thc of Rut Hodges Smith C~ty Clerk s ordinance shall be effective from date of ~ptlon above abatement(s) totaling $1,001 29 18 ~e City of Wrglnla Beach on the 34 49 108 00 108 00 513 82 513 82 344 98 344 98 Cerbfied as to Payment ~e~P ~Va~gha~ Comm~smoner of~e Revenue Approved as to form Ge'~lr~ L Ldley City Attorney were approved by the Council November day of ,19 97 FORMNO CA 8FIEV 386 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applicabons for license refunds, upon cerbficat~on of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Mart~n Screen Print Inc 5018 Cleveland Street Va Beach VA 23462 MLC Enterprises In¢ 3525 Heutte Dnve Norfolk VA 23518 Pehgny L Camacho MD LTD 5278 Valleymde Court #E Va Beach VA 23464 Sooud~, Reza & Zahra 200 Afton Square A101 AItamonte Springs FL 32714 1996-97 Audit 924 87 1996-97 Audit 286 55 1996-97 Audit 1,224 10 1995-96 Audit 20 00 Th~s ordinance shall be effective from date of adoption The above abatement(s) totaling $2,455 52 18 of the C~ty of Wrg~n~a Beach on the 924 87 286 55 1,224 10 20 00 Cerbfled as to Payment Approved as to form L,,.es,1~ e/L- L d i ey~ ,.-.-' ~.--~/' ----~ '~ C~ty Attorney were approved by the Council November day of ,19 Ruth Hodges Smith C~ty Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon certiflcabon of the Comm~smoner of the Revenue are hereby approved NAM E LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Staceys Buffet Inc 801 West Bay Dnve 704 Largo FL 34640 Steward, Matthew & Deven~sh, Gary 5412 Challedon Drive Va Beach VA 23462 Youth M~n~stnes Inc 1817 General Booth Blvd Va Beach VA 23454 1994 Audit 290 32 1995-97 Audit 196 11 1995-97 Audit 242 08 29O 32 196 11 242 O8 Th~s ordinance shall be effective from date of adoption The above abatement(s) totahng $728 51 of the C~ty of V~rg~n~a Beach on the t8 Certified as to Payment Commissioner of the Revenue Approved as to form ~b-e~¢[_ L~lley 'J City Attorney were approved by the Council day of November ,19 97 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for hcense refunds, upon certiflcabon of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Doss, Clarence B 201 Upperwlle Road Va Beach VA 23462 J R Sales 5048 Southern BIvd Va Beach VA 23462 James, John M 913 Va Beach Blvd Va Beach VA 23451 1995 Audit 22 66 1997 10-07-97 34 46 1994 Audit 61 77 22 66 34 46 61 77 This ordinance shall be effective from date of adopbon The above abatement(s) totaling $118 89 of the City of Virginia Beach on the lit Certified as to Payment ~>'~rt P Va~'~han~ Commissioner of th~FRevenue Approved as to form e/L Lilley-- L.,'.~_-- C~ty Attorney were approved by the Council day of November ,19 97 Ruth Hodges Smith C~ty Clerk -47- Item VI-J. PUBLIC HEARING ITEM # 42852 PLANNING Vice Mayor Sessoms DECLARED a PUBLIC HEARING on: PLANNING 1. LARRY M. AND CHRISTINE M. PINKSTON CONDITIONAL USE PERMIT 2. CHRIST EPISCOPAL CHURCH CONDITIONAL USE PERMIT 3. DISABLED VETERANS OF VIRGINIA BEACH CONDITIONAL ZONING CONDITIONAL USE PERMIT CHANGE OF ZONING 4. SHEAR DESIGNS, PA TRICIA J. CANNON CHANGE OF ZONING 5. MCDONALD NURSERIES OF VIRGINIA BEACH, INC. CHANGE OF ZONING November 18, 1997 - 48 - Itern VI-J. PUBLIC HEARING ITEM # 42853 PLANNING Upon motion by Councilman Jones, seconded by Councilman Harrison, City Council APPROVED in one motion Items 2, 3, 4*, and5 of the PLANNING BY CONSENT. Item 4 was DEFERRED until the City Council Session of Novetnber 25, 199Z Voting: 7-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Vottng Nay: None Council Members Absent: Harold Heischober, Mayor Meyera E. Oberndorf Reba $. McClanan and Louisa M. Strayhorn November 18, 1997 - 49- Item FI-J. 1. PUBLIC HEARING ITEM # 42854 PLANNING Upon motion by Council Lady Henley, seconded by Councilman Jones, City Council ADOPTED Ordinance upon Application of LARRY M. and CHRISTINE E. PINKSTON for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF LARRY M. AND CHRISTINE E. P1NKSTON FOR A CONDITIONAL USE PERMIT R011972148 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Larry M. & Christine E. Pinkston for a Conditional Use Permit for an alternative rural residential development on certain property located on the east side of Princess Anne Road beginning at a point 1864.3feet north of Gum Bridge Road. Said parcel contains 13.45 acres. PUNGO BOROUGH. The following conditions shall be required: The final plat shall provide for a single, shared access point for the two proposed lots. A no-access easement shah be provided along the remainder of the Princess Anne Road frontage. . At such time as a residential structure is constructed on proposed Lot 3A, a 50' wide landscape buffer, as described in the Comprehensive Plan, shall be provided along that portion of the northern property line adjacent to the structure and the active agricultural operation to the north. Council Lady Henley noted the typographical error under the Staff report "Zoning Ordinance Provisions ". The correct sentence should read 2-'five one dwelling unit#per 54-acres on Type 1 soils.. ". This Ordinance shall be effective in accordance with Section 107 (D of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth qf November Nineteen Hundred and Ninew_ -$even. Voting: 7-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr, Barbara M. Henley, Louis R. Jones, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: HaroM Heischober, Mayor Meyera E. Oberndorf, Reba S. McClanan and Louisa M. Strayhorn November 18, 1997 - 50- Item VI-J.2. PUBLIC HEARING ITEM # 42855 PLANNING Upon motion by Councilman Jones, seconded by Councilman Harrison, City Councd ADOPTED an Ordinance upon application of CHRIST EPISCOPAL CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CHRIST EPISCOPAL CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH ROI 19 72149 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Christ Episcopal Church for a Conditional Use Permit for a church on certain property located on the north side of Holland Road, 280 feet more of less east of Buyrn Farm. Said parcel contains 4. 707 acres. PRINCESS ANNE BOROUGH The following conditions shall be required: Io The project must be developed in substantial conformance wtth the site plan shown to the Planning Commission and Ctty Council entitled "Conditional Use Permit Exhibit for Christ Episcopal Church ", dated May 20, 1997, and the renderings entitled "Christ Church '; dated April 23, 1997. This Ordinance shall be effective in accordance with Section 107 (]) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth of November Nlm'teen Hundred and NineF-$even. Voting: 7-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Barbara M Henley, Louis R Jones, Nancy K. Parker and Vice Mayor William D Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober, Mayor Meyera E. Oberndorf, Reba S. McClanan and Louisa M. Strayhorn November 18, 1997 - 51 - Item VI-J.3. PUBLIC HEARING PLANNING ITEM # 42856 Upon motion by Councilman Jones, seconded by Councilman Harrison, City Council ADOPTED Ordinances upon application of DISABLED VETERANS OF VIRGINIA BEACH, INC.: OP~INANCE UPON APPLICATION OF DISABLED VETERANS OF VIRGINIA BEACH, INC. FOR A CHANGE OF ZONING FROM P-1 TO CONDITIONAL 0-2 ZO11971090 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Disabled Veterans of Virginia Beach, Inc. For a Change of Zoning District Classification from P- 1 Preservation District to Conditional 0-2 Office District on Parcel A, Section 1, Kempsville Greens. The Comprehensive Plan recommends use of this parcel for parks/recreation use in accordance with other Plan policies. Said parcel is located at the northeast corner of Princess Anne Road and Kempsville Greens Parkway and contains 1.099 acres. KEMPSVILLE BOROUGH. The following condition shall be required: , Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the proceedings. ORDINANCE UPON APPLICATION OF DISABLED VETERANS OF VIRGINIA BEACH, INC. FOR A CONDITIONAL USE PERMIT FOR A LODGE RO11972150 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Disabled Veterans of Virginia Beach, Inc., for a Conditional Use Permit for a lodge on Parcel A, Section 1, Kempsville Greens. Said parcel is located at the northeast corner of Princess Anne Road and Kempsville Greens parkway and contains 1.099 acres. KEMPSVILLE BOROUGH. The.following conditions shall be required: . The site shall be developed in substantial conformance with the site layout and landscape plan depicted on the "Landscape Plan of Parcel A, Kempsville Greens, Section One for Disabled American Veterans of Virginia Beach, Inc." dated September 8, 1997, and revised September 24, 1997. Minor revisions to the building footprint and parking lot improvements may be required in the event that the Board of Zoning Appeals does not grant the requested variances. . Architectural design, colors and materials shall substantially conform with those depicted on the rendering prepared by H.A Architects, which has been displayed to the Planning Commission and City Council and is on file with the Planning Department of the City of Virginia Beach. 3. The site development shall conform with the requirements of the Stormwater Management Ordinance. November 18, 1997 - 52 - Item FI-J.$. PUBLIC HEARING PLANNING ITEM # 42856 (Continued) ORDINANCE UPON APPLICATION OF DISABLED VETERANS OF VIRGINIA BEACH, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-24 to R-SD ZO11971091 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Disabled Veterans of Virginia Beach, Inc., for a Change of Zoning District Classification from A- 24 Apartment District to R-SD Residential Duplex District on the south side of Bonney Road, 543.4feet east of Kenley Road. The proposed zoning classification change to R-SD is for single family and duplex land use on lots not less than 5,000 square feet. The Comprehensive Plan recommends use of this parcel for urban Iow density with other Plan policies. Said parcel is located at 4915 Bonney Road and contains I. 45 acres. KEMPSVILLE BOROUGH. These Ordinances shall be effective in accordance with Section 107 69 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth of November Nineteen Hundred and Ninety-Seven. Voting: 7-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr, Barbara M. Henley, Louis R. Jones, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober, Mayor Meyera E. Oberndo~ Reba S. McClanan and Louisa M. Strayhorn November 18, 1997 - 53- Item VI-J.4. PUBLIC HEARING PLANNING ITEM # 4285 7 Upon motion by Councilman Jones, seconded by Councilman Harrison, City Council DEFERRED, BY CONSENT, UNTIl. CITY COUNCIL MEETING OF NOVEMBER 25, 1997, the Application of SHEAR DESIGNS, PA TRICIA J. CANNON for a C, hqnge o_f Zoning District Classification: ORDINANCE UPON APPLICATION OF SHEAR DESIGNS, PATRICL4 J. CANON FOR CH/LNGE OF ZONING FROM AG-2 TO B-1 Ordinance upon application of Shear Designs, Patricia J. Cannon for a Change of Zoning District Classification from AG-2 Agricultural District to Conditional B-1 Neighborhood Business District on the east side of General Booth Boulevard, south of Las Cruces Drive. the proposed zoning classification change to Conditional B-1 is for neighborhood business land use. The Comprehensive Plan recommends use of this parcel for office use in accordance with other Plan policies. Said parcel is located at 1990 General Booth Boulevard and contains 16,552.8 square feet. PRINCESS ANNE BOROUGH. Voting: 7-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay' None Council Members Absent: Harold Heischober, Mayor Meyera E. Oberndo~ Reba S. McClanan and Louisa M. Strayhorn November 18, 1997 - 54 - Item VI-J.5.. PUBLIC HEARING PLANNING ITEM # 42858 Upon motion by Councilman Jones, seconded by Councilman Harrison, City Council ADOPTED Ordinance upon Application of MCDONALD NURSERIES OF VIRGINIA BEACH, INC., for a Change of Zoning District Classification ORDINANCE UPON APPLICATION OF MCDONALD NURSERIES OF VIRGINIA BEACH, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-lO TO CONDITIONAL B-2 Z011971092 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of McDonald Nurseries of Virginia Beach, [nc. For a Change of Zoning District Classification from R- IO Residential District to Conditional B-2 Community Business District on certain property located on the south side of Mason Street beginning at a point 650 feet more or less east of Independence Boulevard on Lots 2, 3 & 4, Reedtown. The proposed zoning classification change to Conditional B-2 is for commercial land use. The Comprehensive plan recommends use of this parcel for suburban low density residential at densities that are compatible with single-family use in accordance with other plan polictes. Said parcel contains 1.9 acres more or less. BA YSIDE BOROUGH. The following condition shall be required: . Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth of November Nineteen Hundred and Nine~_ -Scvcrt. Voting: 7-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober, Mayor Meyera E. Oberndo~ Reba S. McClanan and Louisa M. Strayhorn November 18, 1997 rOR~4 uO i=.$. lB Citer 0£ ¥i ginia Beach [NTEE-OFF[CE CORRESPOhtOE CE In Reply Refer To Our File No. DF-4466 DATE: October 30, 1997 TO: Leslie L. Lilley DEPT: City Attorney FROM: William M. Macali ~ DBPT: City Auomey Conditional Zoning Application - Reed Associates and McDonald Nurseries of Virginia Beach, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on November 18, 1997. I have reviewed the subject proffer agreement, dated September 18, 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 AGREEMENT TIHS AGREEMENT made this 18th day of September, 1997, by and between REED ASSOCIATES, a Virginia general partnership, hereinafter called "Grantor" and MCDONALD NURSERIES OF VIRGINIA BEACH, INC., a Virginia corporation, hereinafter called "Applicant", both Grantors for purposes of indexing and the CITY OF VIRGINIA BEACH, a Municipal Corporation of the Commonwealth of Virginia, hereinafter called "Grantee". RECITALS: R-1 The Grantor is the record fee simple owner of the property (the "Property") located in Bayside Borough, City of Virginia Beach, Virginia and described in Exhibit A attached hereto and incorporated into this Agreement. R-2 Applicant, which is the contract purchaser of the Property, has initiated an Amendment to the zoning map of the City of Virginia Beach, Virginia, by petition of the Applicant addressed to the Grantee, so as to change the zoning classification of a portion the Property from R- 10 Residential District to B-2 Business. The proposed amendment is made pursuant to the terms of the zoning ordinance of the City of Virginia Beach, Virginia, adopted April 18, 1988, as amended and as in effect as of the date of this Agreement (the "Zoning Ordinance"). R-3 The Grantee's policy is to provide only for the orderly development of land, for various purposes, including residential purposes, through zoning and other land development legislation. R-4 The Grantor and the Applicant acknowledge that competing and sometimes incompatible uses conflict and lhat in order to permit different uses on and in the area of the Property and at the same lime to recognize the effect of the changes, and the need for various types of uses, including those listed above, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-2 are needed to cope with the situation which the Applicanfs rezoning application gives rise to. R-5 The Grantor and Applicant have voluntarily offered, in writing, in advance of and prior to the public hearing before the Cmmtee, as part of the proposed amendment to the zoning map with respect to the Property, in addition to the regulations provided for in the existing B-2 zoning district by the Zoning Ordinance, the following reasonable conditions Prepared by Harry R. Purkey, Ir., P.C. related to the physical development, operation and use of the Property to be adopted as part of said amendment to'the zoning map relative and applicable to the Property, which have a reasonable relation to the rezoning and the need for which it is generated by the rezoning. R-6 The conditions outlined in this Agreement have been proffered by the Grantor and the Applicant and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance and the zoning map. These conditions shall continue in full force and effect until subsequent amendment changes the zoning of the Property; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance of Grantee, unless, notwithstanding the foregoing, the conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the Property at the time of recordation of such instruments; provided further that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.1-431, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. WI TNE$$ £ TH: NOW THEREFORE, the Grantor and the Applicant, for themselves, their successors, personal representatives, assigns, grantees and other successors in title and interest, voluntarily and without requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, 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 rtmning with the Properly, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor and the Applicant, their successors, personal representatives, assigns, grantees,-and other successors in interest or title. 1. The conceptual site plan and conditional rezoning exhibit submitted by the Applicant to the Department of Planning with this Agreement and which was exhibited to the City Council of the City of Virginia Beach, Virginia and is on file with the Department of Planning, entitled "Conceptual Site Plan and Conditional Rezoning Exhibit for McDonald Nurseries of Virginia Beach, Inc., 1144 Independence Boulevard, Bayside Borough, Virginia Beach, Virginia" and dated July 31, 199'/(thc **Plan**) is incorporated herein by reference and forms a part of this Agreement. 2. The Property shall be used and operated solely in conjunction with and as a part of thc existing greenhouse and nursery operation owned and operated by the Apphcant on property adjoining the Property to the west which operation is currently known as McDonald Nurseries of Virgin/a Beach, Inc. (the "Garden Center"). In connecti?n with the foregoing, the Property shall specifically be used as a retention pond, parking area and for the storage of plants, plant material, merchandise, and inventory sold at the Garden Center. 3. No delivery trucks or landscaping vehicles (such as tractors, fiat bed trucks, and similar vehicles) may be parked on the Property. Further, no mechanical equipment or dumpsters may be placed on the Property. 4. A minimum 15 foot (15') set back shall be maintained and a 6 foot (6') privacy fence and Category IV landscaping shall be installed along all portions of the Property that abut residential property. 5. The hours of operation of the Garden Center shall be 9:00 A.M. to 6:00 P.M., with exception of those periods April 1 through June 15 and the first Friday after Thanksgiving through December 24 of each calends? year when the hours of operation of the Garden Center may be 9:00 A.M. to 9:00 P.M., at the option of the operator of the Garden Center. 6. Ingress and egress to the Property shall be through the Garden Center to Independence Boulevard and there will be no ingress or egress to the Property from Mason Street. The Applicant agrees to enter into, execute, acknowledge and record any easement agreements or other agreements necessary to ratify and confirm ingress and egress to the Property through the Garden Center to Independence Boulevard. ?. Any and all lighting on the Property shall be directed inward and away from adjoining properties. Further, all lighting fixtures shall be located no higher than 6 feet above the ground. 8. The Grantor and the Applicant covenant and agree that: a. 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, includir~g the authority (i) to order in writing that any non-compliance with such conditions be remedied and (ii) 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. b. Failure ~to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the re. quired building or occupancy permits as may be appropriate. c. ff aggrieved by any decision of the Zoning Administrator made pursuant to the provisions, of the City Code, the Zoning Ordinance, or this Agreement, the Grantor shall petition the governing body of Grantee for the review of such decision prior to instituting proceedings in court. d. The Zoning Map shall show by an appropriate symbol on the Map the existence of conditions attaching to the zoning of the Property on the map and that the ordinance and the conditions may be readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Depm'unent and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Bcach, Virginia and indexed in the name of the Grantor and Grantee. Reed Associates, a Virginia General Partnership By: (SEAL) McDonald Nurseries of Virginia Beach, Inc., a Virginia corporation Eddie M. Anderson, President STATE OF VIRGINIA CITY--OF VIRGINIA BEAC~ ,to-wit; I, DX~i~ CODRICK ,,,, a Notary Public in and for the City and State aforesaid, do hereby cer6fy that Ram Gowda, General Partner of Reed Associates, a Virginia general partnership, whose name as such is signed to the foregoing inslxument bearing date on the 18th day of September, 1997, have acknowledged the same before me in my said City and State. GIVEN under my hand this~22_ day of s~m'~m~m ,1997. Notary Public My Commission Expires: lqARC~ 31. ~001 STATE OF VIRGINIA CITWCOUNTY OF ¥icq', i to-wit; I, ~)e~ca.~]L.~ollme~._ , a Notary Public in and for the City and State aforesaid, do hereby certify that Eddie M. Anderson, President of McDonald Nurseries of Virginia Beach, Inc., a Virginia corporation, whose name as such is signed to the foregoing instrument bearing date on the 18th day of September, 1997, have acknowledged the same before me in my said City and State. GIVEN under my hand this Zz~-~lay of .,._~O~kw, r, 1997. My Commission Expires: l :-qB /agtl.moo Rev: 9/18/97 Notary Public I vms originally commissloned as Debt& I. Utile, Nolary Public LEGAL DESCRIPTION ALL THAT CERTAIN LOT; PIECE OR PARCEL OF LAND, LYING, SITUATE, AND BEING IN THE BAYSIDE BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND BEING KNOWN, NUMBERED AND DESIGNATED AS 'LOT 4' ON THAT SUBDIVISION PLAT ENTITLED, 'SUBDIVISION PLAT OF PARCELS 1 & 2, AS SHOWN ON PLAT ENTITLED 'COMPOSITE PLAT OF PROPERTIES IN REEDTOWN' (M.B. 114 P. 40), BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA', DATED JUNE 22, 1993, PREPARED BY MEL SMITH AND ASSOCIATES, WHICH SAID PLAT IS DULY RECORDED IN THE CLERK'S OFFICE ('CLERK'S OFFICE') OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK 236 AT PAGE 43, REFERENCE TO WHICH IS MADE FOR A MORE PARTICULAR D~-SCRIPTION OF SAID PROPERTY. LOT 4 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, AT THE NORTHEAST CORNER OF LOT 4, 3.27' WEST OF THE WESTERN RIGHT OF WAY LINE, OF THE TERMINUS OF MASON STREET(50' R/W); THENCE PROCEEDING IN A SOUTHERLY DIRECTION ALONG A BEARING OF S21° 00'03~/V AND A DISTANCE OF 271.91' TO A POINT; THENCE TURNING AND PROCEEDING IN A WESTERLY DIRECTION ALONG A BEARING OF N73° 12'50~V AND A DISTANCE OF 159.96' TO A POINT; THENCE TURNING AND PROCEEDING IN A SOUTHERLY DIRECTION ALONG A BEARING OF S38° 02'27'W AND A DISTANCE OF 63.79' TO A POINT; THENCE TURN- ING AND PROCEEDING IN A WESTERLY DIRECTION, ALONG A BEARING OF N58° 21'26'VV AND A DISTANCE OF 131.56' TO A POINT; THENCE TURNING AND PROCEEDING IN A NORTHERLY DIRECTION ALONG A BEARING OF N32°57'33'E AND A DISTANCE OF 248.81' TO A POINT; THENCE TURNING AND PROCEEDING IN A WESTERLY DIRECTION ALONG A BEARING OF N70°19' 07~/V AND A DISTANCE OF 25.78' TO A POINT; THENCE TURNING AND PROCEEDING IN A NORTHERLY DIRECTION ALONG A BEARING OF N18°34'13'E AND A DISTANCE OF 64.99' TO A POINT, THE NORTHWEST CORNER OF LOT 4 AS SHOWN BY THE AFOREMENTIONED PLAT OF SUBDIVISION; THENCE TURNING AND PROCEEDING IN AN EASTERLY DIRECTION, BINDING SAID LOT 4, ALONG A BEARING OF S71°32'12'E AND A DISTANCE OF 284.77' TO A POINT, THE POINT OF BEGINNING. SAID PARCELS CONTAIN 1.911 ACRES. LESS AND EXCEPT, THAT PORTION OF THE AFOREMENTIONED LOT 4 AS CLAIMED BY 'NOW OR FORMERLY, MA~'FIE MCCOY LAND' AND BEING MORE PARTICULARLY DE. SCRIBED AS FOLLOWS: BEGINNING AT A POINT, BEING THE NORTHEAST CORNER OF LOT 4 AS DESCRIBED ON THE AFOREMENTIONED PLAT OF SUBDIVISION, THENCE PROCEEDING IN A SOUTHERLY DIRECTION, ALONG THE DIVIDING LINE OF LOT 4 AND PROPERTY OF MATTIE MCCOY LAND AS SHOWN BY PLAT, ALONG A BEARING OF S21° 00'03~/A DISTANCE OF 271.91' TO A POINT; THENCE TURNING, BINDING THE PROPERTY LINE OF LOT 4, ALONG A BEARING OF N73°12'50'VV AND A DISTANCE OF 40.00' TO A POINT; THENCE TURNING AND PROCEEDING IN A NORTHERLY DIRECTION ALONG A BEARING OF N29° 15'33'E AND A DISTANCE OF 277.73' TO A POINT, THE POINT OF BEGINNING. SAID TRIANGULAR SHAPED PARCEL CONTAINS 5,423.45 SQ.FT. OR 0.125 ACRES. - 55 - Item VI-K. 1. APPOINTMENTS ITEM # 42859 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENT: PENDLETON CHILD SER VICE MANAGEMENT BOARD November 18, 1997 - 56- Item VI-K.2. APPOINTMENTS ITEM # 42860 Upon NOMINATION by Councilman Branch, City Council: APPOINTED: Paul Galloway Unexpired thru 12/31/98 Joseph Taylor 3-Years 1/1/98 - 12/31/2000 REAPPOINTED: James Henry Capps David tV. Groth John Frank Malbon . 3-Yrs 1/1/98 - 12/31/2000 RESORT AREA AD VISOR Y COMMITTEE (RAA C) Voting: 7-0 (By ConsenO Council Members Voting Aye. John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R Jones, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober, Mayor Meyera E. Oberndo~ Reba $. McClanan and Louisa M. Strayhorn November 18, 1997 -57- Item VI-K.3. APPOINTMENTS ITEM # 42861 Upon NOMINATION by Council Lady Parker, City Council APPOINTED: Shewling M. Wong Unexpired thru 6/30/98 TIDEWATER COMMUNITY COLLEGE BOARD Voting: 7-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr, Barbara M. Henley, Louis R. Jones, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Cout~cil Members Absent: Harold Heischober, Mayor Meyera E. Oberndo~ Reba S. McClanan and Louisa M. Strayhorn November 18, 1997 - 58- Item VI-M. 1. NE W BUSINESS ITEM # 42862 Vice Mayor Sessoms requested a Briefing be SCHEDULED for the City Council Session of November 25, 1997, related to the effect of the new election districts on the Planning Commission. Names of the districts will also be discussed. November 18, 1997 - 59- Item VI-M.2. NEW BUSINESS ITEM # 42863 BY CONSENSUS, City Council RECORDED: ABSTRACT OF LEGAL CASES RESOLVED - OCTOBER 1997 November 18, 1997 ARSTRACT OF VOTES cast in the City of Virqinia Beach at the November 4, 1997 General Election, for: , Virginia, GOVERNOR NAMES OF CANDIDATES ON BALLOT SUE HARRIS DeBAUCHE To TAt Vo TES RECEIVED fin FIGURES) 1,511 DONALD S. BEYER, JR. JAMES S. "Jim" GILMORE III 34,036 51,945 Total Write-In Votes [SEE CERTIFICATION] .............. 475 We, the undersigned Electoral Board, upon exam/nation of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that the above xs a true and correct Abstract of Votes cast at said election for the office indicated above Given under our hands this 6th copy teste. day of November, 1997. , Chairman , Vice Chairman , Secretary Electoral Board WRITE-INS CERTIFICATION [] COUNTY Virginia Beach ~] CITY General Election Governor OFFICE TITLE DISTRICT NAME OR NUMBER, IF APPLICABLE Write-Ins ]LIST IN ALPHABETICAL ORDER] Invalid Wr~te-lns ....... November 4, 1997 Page 1 of 3 TO TAL Vo TES RECEIVED (IN F/OURES) 449 Pelagio A. Agustin 1 Jennifer Arsenault Ron Carlisle Norman W. Carrick 1 Steven B. Conrad 1 Carrol H. Dodd 1 CONTINUED ON PAGES 2 THROUGH We, the undersigned Electoral Board, upon examination of the off/cia//ecords deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said elect/on for the office indicated above. Given under our hands this A copy teste Board Seal 6th day of November, 1997. ~ · Chairman ,[ [_/~' 1(,--9~/~. ~ , Secretary ~ ~-~ ~ Secretary, ElectoralBoard WRITE-INS CERTIFICATION Virginia Beach COUNTY ID(CITY Governor OFFICE TITLE DISTRICT NAME OR NUMBER, IF APPLICABLE General Election November 4, 1997 Page 2 of 3 Write-Ins JLIST IN ALPHABETICAL ORDERJ TO TAL VOTES RECEIVED flay FIGUR~S) Kimberly Foster Maqqie Haqer Donald Harvey Thomas Jefferson Don Lam Larry Larkin Romeo Marchand John E. Miller Larry Palmer Jeffrey A. Ramirez William E. Renn Dan Rouse Joyce Schmaltz Wayne Schneider 1 WRITE-INS CERTIFICATION Virginia Beach COUNTY ~'ClTY General Election Governor OFFICE TITLE November 4, 1997 DISTRICT NAME OR NUMBER, IF APPLICABLE Page .3 of 3 Write-Ins lUST ,N ALPHABETICAL ORDERI TO TAL VOTES RECEIVED fin FtGU/~ES! Jame~ K. Spore Mary Jane Vendel Douglas Wilder ARSTRACT OF VOTES cast in the City of Virginia Beach at the November 4, 1997 General Election, for' · Virginia, LIEUTENANT GOVERNOR NAMES OF CANDIDA TES ON BALLOT BRADLEY E. EVANS L. F. PAYNE, JR. JOHN H. HAGER TOTAl VOTES RECEIVED (IN FIGURES) 5,091 32,107 46,858 Total Write-In Votes [SEE CERTIFICATION] .............. 1,224 We, the undersigned Electoral Board· upon examination of the off/c/al records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this copy teste 6th , Chairman , V,ce Chairman , Secretary Secretary, Electoral Board WRITE- S CERTIFICATION Virginia Beach [] COUNTY ~] CITY Lieutenant Governor OFFICE TITLE DISTRICT NAME OR NUMBER, IF APPLICABLE Write-Ins ILIST IN ALPHABETICAL ORDER] Invalid Write-Ins .......... General Election November 4, 1997 Page 1 of 3 TO TAL Vo TES RECEIVED lily F/OUZelS) 1194 Sarah Adams 1 Cori Adenson John Allen 1 Jennifer Arsenault Jason Austin Frank Brewer 1 CONTINUED ON PAGES 2 THROUGH 3 We, the undersigned Electoral Board, upon examination of the off/c/al/ecords deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said elect/on for the office indicated above Given under our hands this copy teste / \ / Electoral " Board ' ,~,,,,~Seal / 6th day of November, 1997. ~ r,,_ , Chairman ~/~~,/~{ / ,~Vce Cha,rman ~ ! ~~-~~_~~ Secretary, Electoral Board WRITE-INS CERTIFICATION Virginia Beach [] COUNTY ~CITY General Election Lieutenant Governor OFFICE TITLE DISTRICT NAME OR NUMBER, IF APPLICABLE November 4, 1997 Page 2 of 3 Write-Ins [LIST IN ALPHABETICAL ORDERI Norman W. Carrick TO TAL VOTES RECEIVED (1~ Fl~uR~s) Carol Cespedes Steven B. Conrad Troy Dodds Clint Eastwood John Stephen Fuller Robert Herman Ryan James Jim Kincaid William R. Malbon, Jr. Charlene Noel Meyera Oberndorf Carol Palmer Brad Pitt 1 · . WRITE- S CERTIFICATION Virginia Beach [] COUNTY I~ CItY Lieutenant Governor OFFICE TITLE DISTRICT NAME OR NUMBER, IF APPLICABLE Write-Ins ILIST IN ALPHABETICAL ORDERJ Mike Posta, III Thomas Edward Poulin Jeffrey A. Ramirez Rusty Reed Wayne Schneider Mary Sue Terry James Watts Douglas Wilder Oprah Winfrey General Election November 4, 1997 Page 3 of 3 To TAI VOTES RECEIVED fiN FIGURES) ABSTRACT OF VOTES cast in the City of Virginia Beach at the November 4, 1997 General Election, for: , Virginia, ATTORNEY GENERAL NAMES OF CANDIDA YES ON BALLOT TOTAL VOTES RECEIVED #N FIGURES) WILLIAM D. "Bill" DOLAN III MARK L. EARLEY 29.850 56,748 Total Write-In Votes [SEE CERTIFICATION] .............. 339 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this copy teste 6th day of November, 1997. ~ /'-"~/ I ".//I / '~ i~,' -~'- ~---[ ~ ~_ ,V [,~ I~2,,~.. 'JV~ , Secretary Secretary, Electoral Board WRITE- S CERTIFICATION Virginia Beach [] COUNTY Attorney General OFFICE TITLE DISTRICT NAME OR NUMBER, IF APPLICABLE Write-Ins [LIST IN ALPHABETICAL ORDERJ Invalid Write-Ins ............... General Election November 4, 1997 Page 1 of 3 TO TA! VOTES RECEIVED (l~v F/oun~s) 313 Greg Aderson Hal Barnes 1 Frank Beach 1 Mark C. Cagle . . . 1 Norman W. Carrick 1 Page Cockrell CONTINUED ON PAGES 2 THROUGH 3 We, the undersigned Electoral Board, upon examination of the off/cia/,ecords deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said electron for the ofhce indicated above. Given under our hands this copy teste 6th day of November, 1997 , Chairman · Secretary Electoral Board WRITE-INS CERTIFICATION Virginia Beach [] COUNTY ~ CITY Attorney General OFFICE TITLE DISTRICT NAME OR NUMBER, IF APPLICABLE Write-Ins ILIST IN ALPHABETICAL ORDER} Edmund Danies Sam Elliot Larry Flynt John Galt Barbara Haler C. Wayne Haling Kilroy William R. Malbon, Jr. Lloyd C. March, Jr. G. Wilson Nelliger Charlene Noel Jeffrey A. Ramirez Edward F. Sargent General Election November 4, 1997 Page 2 of 3 TO TAL Vo TES RECEIVED (IN F~ouR~s) Wayne Schneider 1 · . · WRITE-INS CERTIFICATION Virginia Beach [-] COUNTY ~C} CITY General Election Attorney General OFFICE TITLE DISTRICT NAME OR NUMBER, IF APPLICABLE November 4, 1997 Page 3 of 3 Write-Ins lUST IN ALPHABETICAL ORDERJ To TAL VO rES RECEIVED I/tv FIGURES,/ Robert Smith Moody E. Stallings Gustavo F. Vargas Wilder Charlie Williams Dennis Wool ARSTRACT OF VOTES cast in the City of Vlrqin[a Beach at the November 4, 1997 General Election, for' , Virginia, MEMBER HOUSE OF DELEGATES NAMES OF CANDIDA TES ON JALLOT 21st ENTER DISTRICT NAME TOTAL VOTES RECEIVEO (IN FIgUrES) Frank W. Waqner ...... 10,105 Total Write-In Votes [SEE CERTIFICATION] ......... 118 We, the undersigned Electoral Board, upon examination of the off/c/al records deposited w/th the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 6th day of November, 1997 copy teste , Chairman Vice Chairman , Secretary Secretary, Electoral Board WRITE-INS CERTIFICATION [] COUNTY Virginia Beach ~ CITY General Election Member House of Delegates OFFICE TITLE 21st DISTRICT NAME OR NUMBER, IF APPLICABLE Write-Ins [LIST IN ALPHABETICAL ORDER} November 4, 1997 Page 1 of 3 TO TAL Vo TES RECEIVED fin F/GU/~ES) Invalid Wnte-lns ................ 93 Robert J. Avery Dale Barnes 1 Keith R. Billings Richard Burell Glenn Crenshaw R. Patrick Deans 1 CONTINUED ON PAGES 2 THROUGH We, the undersigned Electoral Board, upon examination of the official/ecords deposited w/th the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that, with the continuation pages indicated, the above/s a true and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hands th/s A copy teste Board ', Seal ,/ / 6th day of November, 1997. / · Chairman , Vice Chairman Secretary Secretary, Electoral Board WRITE-INS CERTIFICATION Virginia Beach []] COUNTN ~' CITY Member House of Delegates OFFICE TITLE 21st DISTRICT NAME OR NUMBER, JF APPLICABLE Write-Ins ILIST IN ALPHABETICAL ORDERJ William E. Dickerson, Jr. L. C. Edmonds Edmonds Edwards Willis Ferebee Gary S. Foisy Garth Fowler Monte P. Howell Mike Hunter Archie Johnson Glen McClanan Ron Nieto Meyera Oberndorf General Election November 4, 1997 Page 2 of 3 TO TAL VOTES RECE/VED (/tv F/6uR~s) Louis Pace 1 WRITE-INS CERTIFICATION Virginia Beach ~ COUNTY ~ CITY Member House of Deleqates OFFICE TITLE 21st DISTRICT NAME OR NUMBER, IF APPLICABLE Write-Ins ~LIST IN ALPHABETICAL ORDE.( Jeffrey A. Ramirez Pete Staghorne Bonita G. Startt Robert Tata Johnnie Wills General Election November 4, 1997 Page _ 3 of 3 TO TAL VOTES RECEIVED (IN FIGURES) ARSTRACT OF VOTES cast in the Ci,1;y of Virginia Beach at the November 4, 1997 General Election· for' · Virginia, MEMBER HOUSE OF DELEGATES 81st ENTER DISTRICT NAME NAMES OF CANDIDA TES ON BALLOT TDTAL VOTES RECEIVED lin FIOUrES) Glenn R. Croshaw 8,672 Total Write-In Votes [SEE CERTIFICATION] .............. 113 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this A copy teste. 6th day of November, 1997. , Chairman ,Secretary Secretary, Electoral Board WRITE-INS CERTIFICATION [] COUNTY Virginia Beach CITY General Election Member House of Delegates OFFICE TITLE 81st DISTRICT NAME OR NUMBER, IF APPLICABLE Write-Ins [LIST IN ALPHABETICAL ORDER] Invalid Write-Ins ...... November 4, 1997 Page 1 of 2 TO TAL VOTES RECEIVED (l~v FiGUReS] 95 Miguel J. Arsuaga 2 E. E. Brickell 1 Michael P. Carlin, Sr. 1 · . Tim Drylie 1 Robert Dymarcik L. C. Edwards 1 CONTINUED ON PAGES 2 THROUGH 2 We, the undersigned Electora/ Board, upon examination of the off/c/a//ecords deposited w/th the C/erk of the Circuit Court of the election held on November 4, 1997, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hands this copy teste / Electoral ', Board ~ Seal / / -- 6th day of November, 1997 ~J~(~./~/~/J/.~ /~~, Vi c e Cha,rman Secretary, Electoral Board RITE-INS CERTIFICATION [CONTINUED/ Virginia Beach COUNTY J~ CITY Member House of Deleqates OFFICE TITLE 81st DISTRICT NAME OR NUMBER, IF APPLICABLE Write-Ins JLIST IN ALPHABETICAL ORDERJ Carl L. Haigley Falcon Knight Anthony Macrini William R. Malbon, Jr. Dean Marchione Marty Nopper Ollie North Bob Purkey Ken L. Saunders Albert Smith Wes Wallin General Election November 4, 1997 2 of 2 Page To TAL VOTE$ RECEIVED (IN FIGURES/ ARSTRACT OF VOTES cast in the City of Virginia Beach at the November 4, 1997 General Election, for' · Virginia· MEMBER HOUSE OF DELEGATES NAMES OF CANDIDA TES ON ~AI l 0 T 82nd ENTER DISTRICT NAME TOTAL VOTES RECEIVEO lIN FIGURES) Harry R. "Bob" Purkey ......... 17,607 Total Write-In Votes [SEE CERTIFICATION] ............. 188 We, the undersigned Electoral Board, upon examination of the official records deposited w/th the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this A cody teste: 'ea~ Boar% 6th day of November, 1997. Secretary -~cretary, Electoral Board WRITE-INS CERTIFICATION ,~1 COUNTY Virginia Beach J~ CITY Member House of Delegates OFFICE TITLE 82nd DISTRICT NAME OR NUMBER, IF APPLICABLE Write-Ins JUST IN ALPHABETICAL ORDERJ Invalid Wr~te-lns .......... Paul Christopher Baker General Election November 4, 1997 Page 1 of 4 TOTAL VOTES RECEIVED 143 A1 Balko 1 Roseann Barr David Barrows Leonard B. Bennett 1 Catherine Colgan 3 CONTINUED ON PAGES 2 THROUGH 4 We, the undersigned Electoral Board, upon examination of the off/c/a//ecords deposited with the Clerk of the Circuit Court of the elect/on held on November 4, 1997, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said election for the off/ce indicated above. Given under our hands this A COlby teste Board Seal -- 6th day of November, 1997 WRITE-INS CERTIFICATION Virginia Beach COUNTY ~ CITY Member House of Deleqates OFFICE TITLE 82nd DISTRICT NAME OR NUMBER, IF APPLICABLE General Election November 4, 1997 Page 2 of 4 Write-Ins [LIST IN ALPHABETICAL ORDERI Mathew J. Desroches Drake Reid Ebert Wally Erb David P. Fot W. C. Frazier John Galt TO TAI Vo TES RECE/VED fin F~Gu/~es) Ron Goodson Langdon Hagen-Long Barbara J. Haines Clifford W. Hansen Deanna Harris Bill Harrison Mark Harrison 2 · · · WRITE-INS CERTIFICATION Virginia Beach [] COUNTY ~J~ CITY Member House of Delegates OFFICE TITLE 82nd DISTRICT NAME OR NUMBER, IF APPLICABLE Write-Ins JUST IN ALPHABETICAL ORDERJ Manny JacksQ~ D. Langille R. Michael Matchett Patrick MGKeever Bill Miller Bob Miller Marty Nopper Ann B. Tate Onheizer Robin Preece Craig Runyon Moody Stallings Bob Turkey Tracey Varner General Election November 4, 1997 Page 3 of 4 To TAL VOTES RECEIVED (IN FIGURES) Steve Vinson 1 WRITE-INS CERTIFICATION Virginia Beach [] COUNTY [~ CITY Member House of Deleqates OFFICE TITLE 82nd DISTRICT NAME OR NUMBER, IF APPLICABLE Write-Ins JUST IN ALPHABETICAL ORDERI Donald Winz Jimmie WiDDer -- -- General Election November 4, 1997 Page 4 of 4 To TAt VOTES RECEIVED (IN Ftaun~s) ARSTRACT OF VOTES cast in the City of Virginia Beach at the November 4, 1997 General Election, for' , Virginia, MEMBER HOUSE OF DELEGATES 83rd ENTER [DISTRICT NAME NAMES OF CANDIDATES ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Leo C. Wardrup, Jr. 11,321 · . Total Write-In Votes [SEE CERTIFICATION] .............. 147 We, the undersigned Electoral Board, upon examination of the official/ecords deposited with the Clerk of the Circuit Court of the elect/on held on November 4, 1997, do hereby certify that the above/s a true and correct Abstract of Votes cast at said elect/on for the office indicated above Given under our hands this 6th copy teste day of November, 1997 , Chairman . , V,ce Cha,rman ) r'/'v',,-.__ /, Secretary Secretary, Electoral Board WRITE-INS CERTIFICATION [] COUNTY Virginia Beach ~ CITY General Election Member House of Delegates OFFICE TITLE 83rd DISTRICT NAME OR NUMBER, IF APPLICABLE Write-Ins [LIST IN ALPHABETICAL ORDERJ Invalid Wnte-lns ............... November 4, 1997 Page 1 of 3 To TAL Vo TES RECEIVED lIN F/GUR~S} 121 Brian Bailey Michael Cespedes Steven B. Conrad 1 B. J. Coski 1 Rob Devar 1 L. C. Edmonds 4 CONTINUED ON PAGES 2 THROUGH 3 We, the undersigned Electoral Board, upon examination of the officzal ~ecords deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that, with the cont~nuatxon pages ~ndicated, the above is a true and correct certification of the write-in votes cast at said election for the off~ce indicated above. Given under our hands this 6th day of November, 1997 copy teste · Chairman Board ~/~~/~/~/~/ >Vice Cha,rman WRITE-rNs CERTIFICATION [] COUNTY Virqlnla Beach CITY Member House of Delegates OFFICE TITLE 83rd DISTRICT NAME OR NUMBER, IF APPLICABLE Write-Ins ILIST IN ALPHABETICAL ORDERI R. Edmunds Jayne T. Flowers David Grosens Benjamin Harrison Clarence Holland C. R. Leverette George W. Long Jennifer Lowitz Reba McClanan Roland Midgett Gary D. Miller William Monroe Helen Morris General Election November 4, 1997 Page _2__ of _~ TO TAL VOTES RECEIVED ff/v F/GU~ES) Charles Plumly 1 WRITE- S CERTIFICATION Virginia Beach COUNTY ~ CITY General Election Member House of Delegates OFFICE TITLE 83rd DISTRICT NAME OR NUMBER, IF APPLICABLE November 4, 1997 Page 3 of 3 Write-ins [LIST IN ALPHABETICAL ORDERI TOTAL VOTES RECE/VED fin F/GUR~Sl Mary Sue Terry Lewis E. Winston, III ARSTRACT OF VOTES cast in the City of Virqinia Beach at the November 4, 1997 General Election· for' · Virginia· MEMBER HOUSE OF DELEGATES NAMES OF CANDIDATES ON BALLOT 84th ENTER DISTRICT NAME TOTAL VOTES RECEIVED (IN FIGURES] Robert F. "Bob" McDonnell 10,105 Total Write-In Votes [SEE CERTIFICATION] .............. 151 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that the above ~s a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 6th A copy teste: Board day of November, 1997 / / , Chairman , VIce Chairman , Secretary Secretary, Electoral Board WRITE-INS CERTIFICATION [] COUNTY Virqinia Beach CITY General Election Member House of Delegates OFFICE TITLE 84th DISTRICT NAME OR NUMBER, IF APPLICABLE Write-Ins [LIST IN ALPHABETICAL ORDER! November 4, 1997 Page 1 of To TAL Vo TES RECEIVED (IN F/GUR~S) Invalid Write-Ins ........... 124 Yvette Brown Thomas Caroluzza Kenneth Drexler Edmonds 2 Guy Fridell 2 Bev Graeber 1 CONTINUED ON PAGES 2 THROUGH 2 We, the undersigned Electoral Board, upon examination of the off/c/al ,ecords deposited with the Clerk of the Circuit Court of the elect~on held on November 4, 1997, do hereby cernfy that, with the continuation pages ~ndicated, the above is a true and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hands this 6th A copy teste Electoral Board Seal day of November, 1997 , ~~-~~ .//. ~ /~'~)~'~ .~ , Cha,rman WRITE-INS CERTIFICATION Virginia Beach [] COUNTY i~CITY Member House of Delegates OFFICE TITLE 84th DISTRICT NAME OR NUMBER, IF APPLICABLE Write-Ins lUST IN ALPHABETICAL ORDERI Dwight Clinton Jones Norman Kohn Lawrence Maddry Glenn McClanan Reba McClanan Meyera Oberndorf Pat Paulson Eugene Roser Sr. Lionell Spruill, Sr. Howard Stern Lucas Torros Arnold Vasquez Eddie Vedder General Election November 4, 1997 Page 2 of 2 To 1'AL VOTES RECEIVED [l~v F/GUR~S/ James Thomas Williams, Jr. 1 · . . ABSTRACT OF VOTES cast in the City of Virginia Beach at the November 4, 1997 General Election, for: · Virginia, MEMBER HOUSE OF DELEGATES 85th ENTER DISTRICT NAME ~VAME$ OF C,4tVDIDA TE$ OIV B,4ltOT TOTAL VOTES RECEIVED (IN FlouR, s! Robert "Bob" Tata 15,533 Total Write-In Votes [SEE CERTIFICATION] .... 188 We, the underszgned Electoral Board, upon examination of the off/c/al records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said elect/on for the office indicated above Given under our hands this It copy teste Electoral Board Seal 6th day of November, 1997 , Chairman , V~ce Chairman , Secretary Secretary, Electoral Board WRITE-INS CERTIFICATION Virginia Beach [] COUNTY [~CITY Member House of Delegates OFFICE TITLE 85th DISTRICT NAME OR NUMBER, IF APPLICABLE Write-Ins [LIST IN ALPHABETICAL ORDERI Invalid Wr~te-lns ....... Len Archelman General Election November 4, 1997 Page 1 of 3 TOTAL VOTES RECEIVED (/IV FIGURES/ 162 Michael Barrett Duncan Bell 1 Glenn R. Croshaw 1 John H. Dolan 1 Paul L. Ewell 1 CONTINUED ON PAGES 2 THROUGH 3 We, the undersigned Electoral Board, upon examination of the off/c/a//ecords deposited w/th the Clerk of the C/rcuit Court of the election held on November 4, 1997, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said elect/on for the off/ce indicated above Given under our hands this A copy teste / Electoral Board Seal \ -- 6th day of November, 1997 · Chairman , Secretary Secretary, Electoral Board WRITE-INS CERTIFICATION Virqinia Beach [] COUNTY ~ CITY Member House of Delegates OFFICE TITLE 85th DISTRICT NAME OR NUMBER, IF APPLICABLE General Election November 4, 1997 Page Write-Ins ILIST IN ALPHABETICAL ORDERI TO TAL VOTE$ RECEIVED (/ti FIGURES) Dale Guerdinq William A. Hamel Michael Improta Mike Jenkins Frank S. Johnson James G. Kincaid Art Kohn Gerald Levy Dan Marino Joseph R. Martin Vince Martino Charlene Noel William P. Robinson, Jr. Wayne Schneider 1 WRITE-INS CERTIFICATION [CONTINUED1 Virginia Beach [] COUNTY ~ CITY General Election Member House of Delegates OFFICE TITLE 85th DISTRICT NAME OR NUMBER, IF APPLICABLE November 4, 1997 Page 3 of 3 Write-Ins ILIST IN ALPHABETICAL ORDERI TO TAL VOTES RECEIVED (/IV FIGURES/ Mark Snyder Victoria Ron Villanueva Charles Wall A STRACT OF VOTES cast in the City of Virqinia Beach at the November 4, 1997 General Election· for: · Virginia, MEMBER HOUSE OF DELEGATES 87th ENTER DISTRICT NAME NAMES OF CANDIDA TES ON JAZZ 0 T TOTAL VOTES RECEIVED (IN FIOURES) Todd M. Fiorella 287 Thelma D. Drake 470 Total Write-In Votes [SEE CERTIFICATION] .............. We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this copy teste Electoral 6th Secretary, Electoral Board WRITE-INS CERTIFICATION [] COUNTY Virginia Beach ~J CITY Member House of Delegates OFFICE TITLE 87th DISTRICT NAME OR NUMBER, IF APPLICABLE Write-Ins [LIST IN ALPHABETICAL ORDER] Invalid Write-Ins ........... General Election November 4, 1997 Page 1 of 1 TOTAL VOTES RECE/VED lin FLOUR,S) Miguel J. Arsuaga . . . 2 CONTINUED ON PAGES THROUGH We, the undersigned E/ectoral Board, upon exam/nat/on of the off/c/a//ecords depos/ted w/th the C/erk of the C/rcu/t Court of the e/ect/on held on November 4, 1997, do hereby certify that, w/th the continuation pages /nd~cared, the above/s a true and correct cert/f/cat/on of the write-in votes cast at sa/d elect/on for the off/ce /nd~cared abo ye Given under our hands this A copy teste Board Seal -- 6th day of November, 1997 _ · Chairman , Vice Chairman --~ , Secretary Secretary, Electoral Board ABSTRACT OF VOTES cast in the City of Virginia Beach at the November 4, 1997 General Election· for: · Virginia, MEMBER HOUSE OF DELEGATES 90th ENTER DISTRICT NAME NAMES OF CANDIDATES Of,~ BALLOT TOTAL VOTES RECEIVED (DI FIGURESJ W. P. "Billy" Robinson, Jr. 1,430 Total Write-In Votes [SEE CERTIFICATION] . . . 356 We, the undersigned Electoral Board, upon examination of the ofhcial records deposited with the Clerk of the Circuit Court of the elect/on held on November 4, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above Given under our hands this 6th copy teste. Electoral Board Seal day of November, 1997 I ~ , Cha,rman ~~/?~/~~ , V,ce Cha,rman Secretary, Electoral Board WRITE- S CERTIFICATION [] COUNTY Virqinia Beach CITY General Election Member House of Delegates OFFICE TITLE 90th DISTRICT NAME OR NUMBER, IF APPLICABLE Write-Ins [LIST IN ALPHABETICAL ORDER] Invalid Write-Ins ................ November 4, 1997 Page 1 of 1 To TAL Vo TES RECEIVED (IN FIGURES) 135 John Church 1 L. C. Edmonds 217 Jerry Erwin . . . 1 Robert Jetter Grimstead L. C. Payne 1 · · · CONTINUED ON PAGES THROUGH We, the undersigned Electoral Board, upon exam/nation of the official/ecords deposited w/th the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said elect/on for the off/ce indicated above. Given under our hands this cody testa Electoral Board Seal 6th day of November, 1997  ice Chairman Y ~ ,Secretary Secretary, Electoral Board ARSTRACT OF VOTES cast in the City of Virqinia Beach at the November 4, 1997 General Election, for' , Virginia, COMMONWEALTH'S ATTORNEY NAMES OF CANDIDA TES ON BALLOT TOTAL VOTES RECEIVED Robert J. Humphreys .... 72,169 Total Write-In Votes [SEE CERTIFICATION] .............. 785 We, the undersigned Electoral Board, upon examination of the official records deposited w~th the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at sa~d election for the office indicated above. Given under our hands this 6th copy teste day of November, 1997. ,/ L"~/,*--'"~'_ _ _.~.~,u' ~ /. , Chairman ~; ~~_ _~,. ~/,/~',///~.~, ~, Vice Chairman ~l(,; ~Y,.~ secretary Secretary, Electoral Board WRITE-INS CERTIFICATION Virginia Beach [] COUNTY ~] CITY Commonwealth's Attorney OFFICE TITLE DISTRICT NAME OR NUMBER, IF APPLICABLE Write-Ins JLIST IN ALPHABETICAL ORDERJ General Election November 4, 1997 Page 1 of 5 TO TAL Vo TES RECEIVED (ltv FIGURESJ 696 Invalid Wr~te-lns ........ Albert Alberi G. G. Allen 1 Cal Bain 1 A1 Balko 1 Bob Beard 1 Randy Blow 1 CONTINUED ON PAGES 2 THROUGH 5 We, the undersigned Electoral Board, upon examination of the off/c/a//ecords deposited with the Clerk of the Circuit Court of the elect/on held on November 4, 1997, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said election for the off/ce indicated above Given under our hands this A cody teste Electoral Board Seal 6th day of November, 1997 · Chairman Vice Chairman , , Secretary Electoral Board WRITE-INS CERTIFICATION Virginia Beach ~-. COUNTf CITY Commonwealth's Attorney OFFICE TITLE DISTRICT NAME ~ NUMBER, IF APPLICABLE Write-Ins ILIST IN ALPHABETICAL ORDERI Jeffrey A. Breit Rzchard Brothers Nathaniel Brown, Sr. John Bumphrey Richard Burell Gary Byler J. Calleo Ellen Carlson Phillip Cespedes Abner B. Chatman Donald Clark Joseph Dara, Jr. Bobby W. Davis General Election November 4, 1997 Page 2 of 5 To TAt VOTES RECEIVED (Itz F~OURES) Pete Decker 1 WRITE-INS CERTIFICATION Ico r, u l Virginia Beach COUNTY [~CITY Commonwealth's Attorney OFFICE TITLE DISTRICT NAME OR NUMBER, IF APPLICABLE General Election November 4, 1997 Page 3 of 5 Write-Ins [LIST IN ALPHABETICAL ORDERI Rob Devar Kierstin Devlin John H. Dolan Dollan Judy Driscoll Nathan Drowne C. Dunham M. Dussman Luther Edmonds 7"0 ;'AL VO rES RECEIVED (IN F~OURE$) Edmunson Andre Evans Guy Fridell William "Bill" Galanko Cherna Gardner . . . 1 WRITE-INS CERTIFICATION Virginia Beach COUNTY L_.! CITY Commonwealth's Attorney OFFICE TITLE DISTRICT NAME 'OR NUMBER, IF APPLICABLE Write-Ins ILIST IN ALPHABETICAL ORDERI Mark Long Patty Lyman William R. Malbon, Jr. Winnie Mandella Kevin Martinqa¥1e Robert G. Morecock Tom Mountjoy G. Wilson Nelliqer Charlene Noel Michael O'Hagan Elvis Presley Cathleen Pritchard Jeffrey A. Ramirez General Election November 4, 1997 Page 4 of 5 7'0 TAL VO rES RECEIVED Brent Runyon 1 WRITE-INS CERTIFICATION Virginia Beach COUNTY [~ CITY General Election Commonwealth's Attorney OFF~CE TITLE DISTRICT NAME OR NUMBER, IF APPLICABLE November 4, 1997 5 5 Page . of Write-Ins ILIST IN ALPHABETICAL ORDERI To TAt VOTES RECEIVED (IN FIGURES) Anthony Sablan S~ James D, Sanders Anthony Sansone Wayne Schneider A. L. Scottt Sr. Lyn Simmens Larry Slippo Albert Smith Sonny Stallings Lowell Stanley Scott Stecker ARSTRACT OF VOTES cast in the City of Virginia Beach at the November 4, 1997 General Election· for' · Virginia, SHERIFF JVAME$ OF CANDIDA TES ON BAI&OT Frank Drew TO TAZ Vo TES RECEIVED (/N FIGURES; 70,455 Total Write-In Votes [SEE CERTIFICATION] .............. 58O We, the undersigned Electoral Board· upon examination of the official records deposited with the Clerk of the Circuit Court of the electzon held on November 4, 1997, do hereby certify that the above ~s a true and correct Abstract of Votes cast at said elect~on for the office indicated above. Given under our hands this 6th copy teste: Board day of November, 1997. / / Chairman · Vice Chairman · Secretary Secretary· Electoral Board WRITE-INS CERTIFICATION [] COUNTY Virginia Beach [~CITY Sheriff OFFICE TITLE DISTRICT NAME OR NUMBER, IF APPLICABLE Write-Ins [LIST IN ALPHABETICAL ORDER] Invalid Wnte-lns ........ Robert Leon Akers General Election November 4, 1997 Page 1 of 8 TO TAL VOTES RECEIVED (IN F/OUR~S) 71 Jeffrey P. Anderson 1 Catherine Baker A1 Balko 1 Frank Batten, Jr. 1 Frank W. Beach 1 CONTINUED ON PAGES 2 THROUGH 8 We, the undersigned Electoral Board, upon examination of the off/c/a//ecords deposited w/th the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that, with the continuation pages indicated, the above IS a true and correct certification of the write-In votes cast at said elect/on for the ofhce indicated above Given under our hands this A copy teste ctoral Board Seal 6th day of November, 1997  cretary '~---"~ .~~ ~ Secretary, Electoral Board WRITE-INS CERTIFICATION Virginia Beach [] COUNTY [~ CITY Sheriff OFFICE TITLE DISTRICT NAME OR NUMBER, IF APPLICABLE Write-Ins JUST IN ALPHABETICAL ORDER I Daniel J. Brennan Jack Brew Nash Bridqes Richard Brothers Nathaniel Brown~ Sr. Yvette Brown Vicki J. Bunn Richard Burell Gary C. Byler Michael P. Carlin, Sr. Kathy Carson Karen E. Cummings Brian Dara General Election November 4, 1997 Page 2 of 8 TOTAL VOTES RECEIVED fin F/GU/~S) Mark T. Del Duca 1 · . . WRITE-INS CERTIFICATION Virginza Beach COUNTY [~ CITY General Election Sheriff OFFICE TITLE DISTRICT NAME OR NUMBER, IF APPLICABLE November 4, 1997 Page ~ of 8 Write-Ins ILIST IN ALPHABETICAl. ORDERI TO TAt VOTES RECE/VED (/N F/GU/rES} Jack Dewan Bob Dolan Kurt Domanski Tim Drily C. Dunham L. C. Edmonds Wally Erb Herman Finkelstein Roy M. Garrigues Troy Gieger Gabriel "Gabe" Glasheen Douglas Goerke Ron Goodson Buddy Gorden 1 WRITE-INS CERTIFICATION Virginia Beach COUNTY ~ CITY Sheriff OFFICE TITLE DISTRICT NAME OR NUMBER, IF APPLICABLE Write-Ins ILIST IN ALPHABETICAL ORDERI John Grimald Carl L. Haigley Barbara J. Haines Deanna Harris Mike Heusner John Hill Michael Improta Steve Jackson Mike Jenkins Johnne T. Johnstone C. Kelly Fred Klaren Norman Kohn General Election November 4, 1997 Page 4 of R TO TAI VOTES RECEIVED (IN FLOUR,S) Paul G. R. Kopera 1 · · WRITE-INS CERTIFICATION Virginia Beach COUNTY X~] CITY OFFICE TITLE DISTRICT NAME OR NUMBER, IF APPLICABLE Write-Ins [LIST IN ALPHABETICAL ORDERI Paul Linauini -- Jim Linneball Donna J. Lockwood George W. Long William R. Malbon, Jr. Mike Maslow Maria Matthews John McGillam Russell Midgett John Miller Mike Mungin Robert Murphy William Nabers General Election November 4, 1997 Page 5 of 8 7'0 T,4L VOTE$ RECEIVED Charlene Noel 1 WRITE-INS CERTIFICATION Ico 'r,r u l Virginia Beach [] COUNTY ~ CITY Sheriff OFFICE TITLE DISTRICT NAME OR NUMBER, IF APPLICABLE Write-Ins ILIST IN ALPHABETICAL ORDERI Chuck Norris Bill Overman Michael O'Hagan Mike Palmer George M. Patton Rolland J. Pollock Edward Power Buford T. Pusser Jeffrey A. Ramirez Roman Richards B. J. Roberts Bob Rodgers Bob Rummels General Election November 4, 1997 Page ¢;_of 8 To TAL VOTES RECE/VED (h~ F~GUR[S) Ken L. Saunders 1 WRITE-INS CERTIFICATION Virginia Beach [] COUNTY ~] CITY Sheriff OFFICE TITLE DISTRICT NAME OR NUMBER, IF APPLICABLE Write-Ins [LIST IN ALPHABETICAL ORDERI Wayne Schneider Mary Ann Scott Alh~r~ -qa{ ~h Rex V. Sparks Johnnie R. Stevenson Ron Stowe Lowell T. Tewell Peter Theo Mike Tiangio Toroc John Wayne Kathey Weidner Tim White General Election November 4, 1997 Page ._7.--. of ~ To TAL Vo TES RECEIVED James Thomas Williams, Jr. 1 · . · WRITE-INS CERTIFICATION Virginia Beach r-~ COUNTY Sheriff E~ITY OFFICE TITLE DISTRICT NAME OR NUMBER, IF APPLICABLE Write-Ins ILIST IN ALPHABETICAL ORDERI Allen J. Williams Wilson Donald Winz Dennis Wool General Election November 4, 1997 Page 8 of 8 To TA/ VOTES RECEIVED (/IV FIGURES) ARSTRACT OF VOTES cast in the c~tv of Virainia Beach at the November 4, 1997 General Election· for' · Virginia, COMMISSIONER OF REVENUE NAMES OF CANDIDATES ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES/ Philip J. Kellam 44,893 Rickie L. Richards 40,348 Total Write-In Votes [SEE CERTIFICATION] .............. 139 We, the undersigned Electoral Board, upon examinatxon of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 6th copy teste: day of Nove · Chairman · Vice Chairman , Secretary Secretary, Electoral Board WRITE-INS CERTIFICATION Virginia Beach [] COUNTY Commissioner of Revenue [~CITY OFFICE TITLE DISTRICT NAME OR NUMBER, IF APPLICABLE Write-Ins [LIST IN ALPHABETICAL ORDER] Invalid Wr~te-lns ............. General Election November 4, 1997 Page 1 of 2 TO TAL VOTES RECEIVED (IN F/OURES) 123 John Aruta . . . 1 Romana Banvelos Charles S. A1 Capone Cammillen . . . 1 Dorothy Fitzgerald Engesser Ron Goodson 1 · . CONTINUED ON PAGES 2 THROUGH 2 We, the undersigned Electoral Board, upon examination of the official/ecords deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said elect/on for the off/ce indicated above Given under our hands this A copv teste Board ~ ! Seal /, 6th day of November, 1997 · Chairman , Vice Chairman · Secretary Secretary· Electoral Board WRITE-INS CERT ICATION Virginia Beach [] COUNTY [~ CITY Commissioner of Revenue OFFICE TITLE DISTRICT NAME OR NUMBER, IF APPLICABLE Write-Ins {LIST IN ALPHABETICAL ORDERI Frederic S. Knight Lynden LaRouche C. R. Leverett Sharon M. McDonald Charlene Noel Jeffrey A. Ramirez Wayne Schneider A1 Scott, Sr. Mike White General Election November 4, 1997 Page 2 of 2 To TAI. VO rES RECEIVED (/N F/GUR~S) ARSTRACT OF VOTES cast in the City of Virginia Beach -- at the November 4, 1997 General Election, for: , Virginia, TREASURER NAMES OF CANDIDATES ON BALLOT John T. Atkinson, TOTAL VOTES RECEIVED #IV FIGURES/ Sr. 65,911 Louis Miles "Lou" Pace 18,331 Total Write-In Votes [SEE CERTIFICATION] .............. 133 We, the undersigned Electoral Board, upon exam/nation of the off/c/al records deposited w/th the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that the above/s a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 6th copy teste: day of November, 199 7. · Secretary Secretary, Electoral Board WRITE-INS CERTIFICATION Virginia Beach [] COUNTY CITY Treasurer OFFICE TITLE DISTRICT NAME OR NUMBER, IF APPLICABLE Write-Ins [LIST IN ALPHABETICAL ORDERI Invalid Write-Ins .................. Greg Armstrong General Election November 4, 1997 Page 1 of 3 TO TAL Vo TES RECEIVED fin FIGURES) 104 Don Arsenault, Jr. 1 Parker Bena 1 Yvette Brown Benjamin H. Cabiao 1 Barbara Carraway · · CONTINUED ON PAGES 2 THROUGH 3 We, the undersigned Electoral Board, upon examination of the off/cia//ecords deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that, with the continuatlon pages ~ndicated, the above is a true and correct certification of the write-in votes cast at said elect/on for the ofhce indicated above. Given under our hands this A copy teste. lectoral Board 6th day of November, 1997. , ._~~ Chairman  /~-~ Chairman I UL3/.J~Y~,~ J Secretary, Electoral Board WRITE-INS CERTIFICATION Ico 'rl l Virginia Beach [] COUNTY ~CITY Treasurer OFFICE TITLE DISTRICT NAME ,.OR NUMBER, IF APPLICABLE Write-Ins [LIST IN ALPHABETICAL ORDERI Tai Cespedes John H. Dolan Edmonds Joseph E. Fitzpatrick Neal Fortner Johnne T. Johnstone Norman Kohn C. R. Leverett Jim Mahaffer Marsha Newton Charlene Noel Marty Nopper Ann B. Tate Onheizer General Election November 4, 1997 Page 2 _ of 3 To TAL VOTES RECE/VED (/Iv F/GuR~s) Curtis Payne 1 · . WRITE-INS CERTIFICATION Virginia Beach [] COUNTY ~(] CITY Treas-rer OFFICE TITLE DISTRICT NAME OR NUMBER, IF APPLICABLE Write-Ins ILIST IN ALPHABETICAL ORDERI Frances Perkins William Hatch Phillips Jeffrey A. Ramirez David Roth Linda Runyon Anthony Sansone Wayne Schneider Sonny Stallings General Election November 4, 1997 Page 3 of 3 To TAL VOTE$ RECEIVED (l~v - 60 - Item VI-N. ADJOURNMENT ITEM # 42864 Vice Mayor Sessoms DECLARED the City Council Meeting ADJOURNED at 2:35 P.M. Chief Deputy City Clerk William D. Sessoms. ,Ir. Vice Mayor Ruth Hodg~s Smith, CMC/AAE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia November 18, 1997 - 60- Item VI-N. AD JO URNMENT ITEM # 42864 Vice Mayor Sessoms DECLARED the Cay Councd Meeting ADJOURNED at 2:35 P.M. Beverly O. Hooks, CMC/JAE Chtef Deputy Czty Clerk Wilham D. Sessoms. Jr. Vice Mayor Ctty Clerk  MeyerahE O. bernd~o'~! Mayor Ctty of V~rg~nia Beach Virginia November 18, 1997 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACT/ONS H E 0 S H I M B T A S C E S R DATE: November 18, 1997 B R C H C R P E A PAGE: 1 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 i I/A PRESENTATION' Claude Bain, ECONOMIC IMPACT OF SALTWATER VA Depart of ANGLING Commerce . , . III BRIEFINGS A DESIGN ADVISORY GROUP Robert J. Scott, CRITERIA/.STANDARDS Dir of Planning.. B LEGISLATIVE PACKAGE Robert Matthias, Assist to the Csty Manager C MULTI-PURPOSE STADIUM BID James K. Spore, RESULTS Clb/Manager Ill/IV/ Presentation of commemorative plaque Clarence V/VI celebrabng dedication of Lake Gaston Warnstaff, Dir of ADD 11-7-97 Public Utilities ON E CERTIFICATION OF EXECUTIVE CERTIFIED 7-0 Y Y Y A Y Y A A Y Y A SESSION F MINUTES - November 18:1997 APPROVED 7-0 Y Y Y A Y Y A A Y Y A G AGENDA FOR FORMAL SESSION ADOPTED B Y C O N S E N S U S . HIll1 Ordsnance re amendments to provisions of ADOPTED BY 7-0 Y Y Y A Y Y A A Y Y A water salee/water services contracts CONSENT between Va Beach/Norfolk re biennial adjustments of rates/authorize amendments 2 Ordinance to AMEND the water ADOPTED BY 7-0 Y Y Y A Y Y A A Y Y A emergency Ordinance re conservation CONSENT of public water supplylauthonze Ctty Manager to rescind the order prohibiting certain uses of the public water supply system/provide for connections to the pubhc water supply system . 3 Ordinance to AMEND Sects 18-5 2/ ADOPTED BY 7-0 Y Y Y A Y Y A A Y Y A 18-16/18-88/18-107 of City Code re CONSENT Business Licenses/REPEAL Sect 18-66 , 4 Ordinance to authorize a lease re ADOPTED BY 7-0 Y Y Y A Y Y A A Y Y A provision of services w~th Volunteers of CONSENT America Chesapeake, Inc. for "Lighthouse Day Center" for Homeless. .. . . 5la Ordsnances re Community Servlcee Board: Amendment to Article VII, Sect. 2 of RATIFIED 7-0 Y Y Y A Y Y A A Y Y A Bylaws .A .MENDMENT. . . b ACCEPT/APPROPRIATE ADOPTED BY 7-0 Y Y Y A Y Y A A Y Y A $887,899/$127,000 to CSB re services CONSENT p.ro. vide~l. IFT .E'.s .... 6 Ordinance to ACCEPT/APPROPRIATE a ADOPTED BY 7-0 Y Y Y A Y Y A A Y Y A $76,500 Grant from FEMA to Fire CONSENT Department re FEMA Urban Search/ Rescue Team Task Force No 2 7 Ordinance to ACCEPT/APPROPRIATE a ADOPTED BY 7-0 Y Y Y A Y Y A A Y Y A $28,750 Grant from V~rginia Coastal CONSENT Resources Mgmt to VMSM re stranding response network/database/marine mammal and sea turtle research . , , . , . 8 Ordinance to ACCEPT/APPROPRIATE ADOPTED BY 7-0 Y Y Y A Y Y A A Y Y A $15,000 from Virginia Coastal Resources CONSENT to Planning for habitat conservation/ restoration work/TRANSFER $11,000 for Environmental Planner I . , , 9 Ordinance to APPROPRIATE $9,400 from ADOPTED BY 7-0 Y Y Y A Y Y A A Y Y A Board of Governors re programs/ CONSENT activities of Francis Lan.d House . CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H M B T A S C E S R DATE: November 18, 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 , ii i 10 Ordinance to ACCEPT/APPROPRIATE a ADOPTED BY 7-0 Y Y Y A Y Y A A Y Y A $5,000 Grant from Va Commission for the CONSENT Arts to Ar~. s. a.nd Cultural A~lencles. . 11 Ordinance to ACCEPT/APPROPRIATE ADOPTED BY 7-0 Y Y Y A Y Y A A Y Y A $110,651 from Compensation Board/ CONSENT TRANSFER $83,172 to Commonwealth's Attorney re staff/equipment re domestic violence cases. 12/a Ordinances to authorize temporary encroachments: Port]on of Ctty's property surrounding ADOPTED BY 7-0 Y Y Y A Y Y A A Y Y A Lake Joyce adjacent to 2349 Bayville CONSENT Road by Robert B. Jr./Barbara N. Cromwell re bulkhead/backfill/marginal wharf (pter)/concrete dnveway (BAYSIDE BOROUGH) , , , b PortJon of C,ty's r-o-w known as 65th ADOPTED BY 7-0 Y Y Y A Y Y A A Y Y A St/Atlantic Ave by Lilllan G.IDonald G. CONSENT Martin/Audrey C/Gary L. Seara re fence at 200 65th Street (LYNNHAVEN BOR. OUGH) . 13 Ordinance appointing vlewera m pebbon ADOPTED BY 7-0 Y Y Y A Y Y A A Y Y A of DEFORD LIMITED for closure of CONSENT ~o~on of Wishart Point Ct Lot 12/361 1A-I/Parcel C of Parcel 2-3 (BAYSIDE BOROUGH) 14 Resolution to authorize enlargement of a ADOPTED BY 7-0 Y Y Y A Y Y A A Y Y A nonconforming use for KENNETH CONSENT CARLTON REAVES at 908 Old Dam Neck Road tn AG-2 (PRINCESS ANNE BOROUGH) 15 License Refunds $4,304.2t. APPROVED BY 7-0 Y Y Y A Y Y A A Y Y A CONSENT J/1 LARRY M/CHRISTINE E. PINKSTON APPROVED/ 7-0 Y Y Y A Y Y A A Y Y A CUP Altemabve rural residential CONDITIONED/ develooment at Pdncess Anne Road/Gum AS AMENDED Bridge Road (PUNGO BOROUGH) 2 CHRIST EPISCOPAL CHURCH CUP. APPROVED/ 7-0 Y Y Y A Y Y A A Y Y A Church on Holland Road/Buym Farm CONDITIONED Road (PRINCESS ANNE BOROUGH.) BY CONSENT . 3la DISABLED VETERANS OF VIRGINIA BEACH, INC. (KEMPSVILLE BOROUGH). APPROVED AS Conditional COZ from P-1 to Conditional PROFFERED 7-0 Y Y Y A Y Y A A Y Y A 0-2 BY CONSENT , b CUP: ~ at Kempsville Greens on APPROVED/ 7-0 Y Y Y A Y Y A A Y Y A Pdncess Anne Road CONDITIONED BY CONSENT , , , c COZ from A-24 to R-5D on Bonney Road/ APPROVED BY 7-0 Y Y Y A Y Y A A Y Y A Kenle¥ Road . CONSENT, 4 SHEAR DESIGNSIPATRIClA J. DEFERRED TO 7-0 Y Y Y A Y Y A A Y Y A CANNON COZ from AG-2 to Conditional 11/25/97 BY B-1 at 1990 General Booth Boulevard CONSENT (PRINCESS ANNE BOROUGH) Deferred I. ndeflnitely 9/9/97 5 MCDONALD NURSERIES OF VIRGINIA APPROVED AS 7-0 Y Y Y A Y Y A A Y Y A BEACH, INC. COZ from R-10 to PROFFERED ~ on Mason BY CONSENT Street/Independence Boulevard/ Reedtown (BAYSIDE BOROUGH). K APPOINTMENTS. PENDLETON CHILD SERVICE Rescheduled to B Y C O N S E N S U S MANAGEMENT BOARD 1,1/25/97 , , CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 8 H I M B T A S C E S R DATE: November 18, 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 , , , , I RESORT AREA ADVISORY BOARD 7-0 Y Y Y A Y Y A A Y Y A (RAAC) Appointed Paul Galloway Unexpired thru 12/31198 Joseph Taylor 3-Yr Term 1/1/98 - 12/31/2000 Reappointed: James Hen~ Capps 3-Yr Term David W Groth 111198- John Frank Malbon 12/3112000 TIDEWATER COMMUNITY COLLEGE 7-0 Y Y Y A Y Y A A Y Y A BOARD (TCC) Unexpired thru Appolnted. Shewlin~l M Won~l 6/30/98 L/M/1 ABSTRACT OF LEGAL CASES City Clerk to B Y C O N S E N S U S RESOLVED - OCTOBER 1997 Record , , , N ADJOURNMENT 2 35 PM , . , CITY COUNCIL SCHEDULE - DECEMBER December 2 - December 9 - December 16- Informal Session (as regularly scheduled) Formal Session - 2 00 PM Informal Session (as regularly scheduled) Formal Session - 2 00 PM (Planning Items - 2 30 PM) Rescheduled from December 23 Informal Session (as regularly scheduled) Formal Session - 6'00 PM (Planmng Items - 6:30 PM)