HomeMy WebLinkAboutNOVEMBER 25, 1997 MINUTESCity of Virginia Beach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E OBERNDORF, At-Large
VICE MAYOR WILLIAM D SESSOMS, .IR At La~e
]OHN A BAUM, Biaclavate~ Borough
LINW'OOD 0 BRANCH III Vtr~mm Beach Bmou~h
WILLIAM ~ HARRISON, IR Lynnhaoen Btrmugh
HAROLD HEISCHOBER, At Large
BARBARA M HENLEY, Pungo Borough
LOUIS R ]ONES, Bays,de 8moth
REBA S McCLANAN, Pnncm Anne gom.gh
NANCY K PARKER, At-Large
LOUISA M STRAYHORN, K~p~nl~ Bomulh
]AMES K SPORE, C~ty Manager
LESL/E L. L/t/Fy, C~t~ Atunney
RUTH HODGES SMITH CMC / AAE C~ty Cied~
CITY COUNCIL AGENDA
CI FY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH VIRGINIA 23456-9005
1757} 427 4303
November 25, 1997
CITY MANAGER'S PRESENTATION
- Conference Room -
Ae
SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) UPDATE
Michael J. Barrett, Member of the Board of Directors
2:00 PM
II.
CITY MANAGER'S BRIEFINGS
h.
SHORE DRIVE STUDY - URBAN LAND INSTITUTE
Robert J. Scott, Director of Planning
a.
OCEANFRONT RESORT AREA CONCEPT PLAN
Tom Pauls, Department of Planning
Iii.
CITY COUNCIL BRIEFINGS
h.
REDISTRICTING - DISTRICT NAMES
Vice-Mayor William D. Sessoms
B,
REDISTRICTING - PLANNING COMMISSION
Leslie L. Lilley, City Attorney
IV. REVIEW OF AGENDA ITEMS
V. CITY COUNCIL CONCERNS
VI. INFORMAL SESSION
- Conference Room -
5:30 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdoff
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
VII. FO~ SESSION - Council Chamber- 6:00 PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. INVOCATION:
Reverend Richard J. Keever
Bayside Presbyterian Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS -
November 18, 1997
G. AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
The Consent Agenda will be determined during the Agenda Review Session and constdered in the
ordinary course of bustness by City Council to be enacted by one motion.
I. PUBLIC HEARING
.
AGRICULTURAL PRESERVATION PROGRAM (ARP)
(Blackwater Borough)
J. ORDINANCES
.
Ordinance to authorize the acquisition of Agricultural Land Preservation Easements (ARP)
and the issuance by the City of its contract obligations:
a.
George B. and Juanita F. Pendleton
Installment Purchase Agreement No. 1997-18
(Blackwater Borough)
288 Acres
$501,128
.
Ordinance to establish the Youth Opportunities Office within the Depamnent of Parks and
Recreation; expand the role of the Youth Services Coordinating Council re serving in an
advisory capacity to the Youth Opportunities Offices; create two full-time positions: Youth
Opporttmities Coordinator and Administrative Secretary; and, TRANSFER $58,555 to the
Department's FY 1997-1998 Operating Budget for staffing and operations of the Office.
K,
L.
,
1
..
Ordinance to APPROPRIATE $472,732 from the General Fund Balance to the Virginia
Beach Sports Stadium Project No. 9-003; and, estimated revenue from the proceeds of the
future sale of EXCESS real property be used to replenish the General Fund.
Ordinance to APPROPRIATE $40,000 from the Fund Balance in the Forfeited Asset
Sharing Special Revenue fund balance to the Police Department's FY 1997-1998 Operating
Budget re purchase of computer software for the Property and Evidence Unit.
Ordinances to authorize temporary encroachments:
ae
Into a portion of the City's fight-of-way of Pine Street at its intersection with Third
Street by the Runnymede Corporation re constructing and maintaining a
stormwater retention pond (LYNNHAVEN BOROUGH).
bo
Into a portion of the City's drainage easement at 2116 Admiral Drive West by James
W. E. Sadler re constructing and maintaining a boat lift (LYNNHAVEN
BOROUGH).
Ordinances to authorize:
a. Excess Tax Refund $ 65.79
b. License Refunds 24,666.62
e. Tax Refunds 2,843.44
RESOLUTIONS
,
Resolutions to approve issuance of the Virginia Beach Development Authority's Revenue
and Refunding Bonds:
a. Sentara Health System $130,000,000
b. Virginia Wesleyan College 10,000,000
,
Resolution to authorize the enlargement of a nonconforming use to relocate a cottage for
ELEANOR H. MacRAE at 717 13th Street, containing 7,000 square feet (VIRGINIA
BEACH BOROUGH).
PUBLIC HEARING- PLANNING
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
6:30 PM
.
.
MODIFICATION OF PROFFERS in the March 25, 1997, Approved Application of
BRIAN J. and STEFANY DOLMAT for a Change of Zoning Distd¢t (211t, sification from
R-5D Residential Duplex District to Q-1 Office District at the Southwest corner of Virginia
Beach Boulevard and Thalia Road (221 Thalia Road), containing 16,800 square feet
(KEMPSVILLE BOROUGH).
Recommendation:
ALLOW WITHDRAWAL
Petition of MARK IL LICHTENSTEIN for the discontinoance, closure and abandonment
of a portion of Sydnor Street beginning at the Southern boundary of 55th Street and running
in a Southerly direction a distance of 105.10 feet along the Eastern boundary of Syndor
Street and containing 4,102 square feet (LYNNHAVEN BOROUGH).
Recommendation: ADDITIONAL 180 DAY DEFERRAL
.
.
.
o
Application of JOE MONDS, JR., for a Conditional Use Pern~it for an alternative rural
residential dev~.lopment at the Northwest intersection of Blaekwater Road and Blaekwater
Loop, containing 34.36 acres (BLACKWATER BOROUGH).
Recommendation:
APPROVAL
Applications of NEXTEL COMMUNICATIONS, INC., for Conditional Use Permits:
a.
Wireless Communication Monooole on the East side of Business Park Drive
beginning at a point 540 feet more or less North of Greenwich Road (168 Business
Park Drive), containing 1.87 acres (BAYS[DE BOROUGH).
b.
Wireless Communication Antenna on the West side of Indian River Road beginning
at a point 2000 feet South of Lynnhaven Parkway on a 600 square foot portion of a
1472.68 acre parcel (KEMPSVILLE BOROUGH).
Recommendation:
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
Deferred until November 25: November 18, 1997
Staff Recommendation:
Recommendation:
DENIAL
APPROVAL
Application of WIDENER HOMES LTD., for a Change of Zoning District Classification
from R-7.5 Single Family District to Conditional A-12 Apartment District on the North side
of Witehduck Court, beginning at a point 280 feet more or less West of Witchduck Road
(527 North Witehduck Road), containing 1 acres (BAYS[DE BOROUGH).
Recommendation:
APPROVAL
M,
APPOINTMENTS
CHESAPEAKE BAY PRESERVATION BOARD (CBPA)
COMMUNITY SERVICES BOARD (CSB)
FRANCIS LAND HOUSE BOARD OF GOVERNORS
PENDLETON CHILD SERVICE MANAGEMENT BOARD
PLANNING COMMISSION
RESORT AREA ADVISORY COMMISSION (RAAC)
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC)
N. UNFINISHED BUSINESS
O. NEW BUSINESS
,
ABSTRACT OF VOTES
City of Virginia Beach General Election - November 4, 1997
P. 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)
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
11/21/97bap
AGENDA\I 1-25-97.PLN
www.virginia-beach.va.us
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
November 25, 1997
Mayor Meyera E Oberndorf called to order the Presentation Session tn the Counctl Conference Room,
Ctty Hall Butldtng, on November 25, 1997, at 2 O0 P M
Counctl Members Present
John A Baum, Ltnwood 0 Branch, III, Harold Heischober,
Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor
Meyera E Oberndorf, Vtce Mayor Wtlliam D Sessoms, Jr and
Loutsa M Strayhorn
Council Members Absent.
Wtlltam W. Harrison, Jr
[DETAINED A T OFFICE WITH BUSINESS
TRA NSA C TION]
Nancy K Parker [ENTERED 2'08 P M]
-2-
PRESENTATION
SOUTHEASTERN PUBLIC SER VICE AUTHORITY (SPSA) UPDATE
2:00 P.M..
ITEM # 42865
Michael Barrett, City's Representative for the Southeastern Pubhc Service Authortty, advtsed there ts an
attttude at SPSA concermng Virgtnia Beach.. The City chd negottate a very good contract in the begtnning
with SPSA, of which the Ctty shouM be proud The Ctty parttctpated for ecological and envtronmental
reasons There ts tremendous concern relative the City's recycling program. SPSA does not fully understand
the views of the City's ctttzens. SPSA ts having dtfftculty adapting to the new open environment wtth the
Press attendtng thetr meeting and a special tnterest group ratsing rather signtficant questions
Mr. Barrett referenced the vote on Cell 5:
SPSA will build Cell 5.
RFP responses from the private sector result in higher cost over
the 15-year period (2013).
There is no need to borrow further funds to build Cell 5.
According to the iZ W. Beck analysis, there will be no increase in
the municipal tipping fee as a result of building Cell 5.
Mr. Barrett expressed concern relattve the Weston study. SPSA has commtsstoned a study by this
Consultant to tnvesttgate thetr financtal and operattonal conclttton. Mr. Barrett ts looktng forward to their
work tnvolvtng accesstng actual cost of the various operating entities within SPSA: landfill, transportation,
recycling, ect. Mr Barrett belteves thts tnformatton ts needed to assess the Cell 5 issue Unfortunately the
study wtll not be avatlable for revtew unttl after January 1998 None of the cost informatton wtll be
avatlable tn formulattng the dectston on Cell 5 Mr Barrett dtd ask how much savtngs would SPSA have
from thetr own operatton tf SPSA were to utthze the prtvate sector Durwood Curhng, Executive Director -
SPSA, provtded esttmates to Mr Barrett. Mr. Barrett belteves these esttmates are low. If you are gotng to
fairly evaluate a bid from the outside, one must know the savings from one's own operattng entity At the
meettng tomorrow, November 26, 1997, Mr Barrett wtll ask some questtons and request a deferral rather
than a vote on this tssue The second tssue ts the effect of the Beach's new recycling program on the waste
stream. One of the major issues facing SPSA ts the fact the waste stream has been declining. Partly this is
due to the commercial sector ta~ng some of its waste outstde of the area, however, the effect of the program
tnstttuted in Virgtnia Beach couM also have a stgntficate effect. In the analysts orR. IF. Beck on the Cell 5
dectston, they are basically looktng at no increase comtngfrom the Beach Although, they did examme zero
growth for the entire SPSA jurisdiction. If the Beach ts successful, as they feel they wtll be, there ts going
to be a dechne tn the waste stream Mr Barrett questions whether there really ts going to be an increase
tn the municipal tipping fee If the cost of the SPSA 's recycling ts not known, then Vtrgtnta Beach does not
know how much credtt they should get for thetr recychng program. It ts concetvable the Ctty ts substchzing
SPSA 's recycling program.
The members of SPSA have been brtefed tn Executtve Sesston on the tssue of the Navy Power Plant. This
tssue ts a major issue wtth regard to ftnanctal tmphcattons Mr Barrett wtll seek the City Attorney's advise
before dtscusstng thts tssue. Mr. Barrett also referenced economic.flow control The SPSA Board has
essenttally dectded, through some means, they must control the flow of waste wtthtn Southeastern Vtrgtnta.
Thts can be done through economic fiow control The whole purpose of the Weston study ts to examtne the
tmplementatton ora form of economic fiow control called direct assessment plan The generators of waste
tn the commerctal sector wtll be requtred to pay a tax, or a fee, based on how much they generate, which will
replace the tipping fee Mr. Barrett beheves the tmplicattons of economic flow control wtll be fairly serious
on economtc development Wade Kyle, Admtntstrator- Soltd Waste, advised that wtth the exceptton of
Suffolk, all members pay the tipptngfee ($48 50). Virgtnta Beach has a reduced fee by contract
Mr Barrett advtsed Durwood Curltng ts rettrtng and the dectston wtll be made shortly regardtng hts
replacement Mr Barrett assisted tn selecttng the Consultant and writtng the posttton descrtptton.
November 25, 1997
-3-
CITY M/INA GER 'S PRESENT/I TION
LAKE GASTON
2:28 P.M
ITEM # 42866
Clarence Warnstaff, Dtrector of Pubhc Utihttes, advised fifieen years ago, the City Council of the City of
Virgtnta Beach authorized the Lake Gaston Project The Project was dedicated on November 7, 1997. The
City staff wtshed to express appreciatton to all current and past Members of City Counctlfor their leadership
tn the past fifieen years The project wtll be operattonal this month All five large electric motors have been
completely mstalled and the Ctty wtll begtn testtng at the full 60-MILLION gallons per day rate for the next
several weeks to ensure the proJect works accordingly
In&vtdual plaques tn the shape of a drop of water and bearing the tnscrtption "Lake Gaston Project
Turning The Tide- Water For Our Future" "Dedication Celebration - November 7, 1997'; were presented
to Members of City Council, the Ctty Manager, Ctty Attorney and Ctty Clerk on November 18, 1997 Four
Members were unable to attend and the City Staff wtshed to present their plaques to them.
Mayor Meyera E Oberndorf
Harold Heischober
Reba S McClanan
Louisa M Strayhorn
Bottles of Lake Gaston Water were also presented to Members of Ctty Counctl, (contrtbuted by Malcolm
Ptrnte, Environmental Engtneers) "Thts refreshtng water from Vtrgmia's Roanoke Rtver watershed
promises health and prospertty to the Hampton Roads Regton"
November 25, 1997
-4-
CITYMANA GER 'SBRIEFINGS
SHORE DRIVE STUD Y- URBAN LAND INSTITUTE
2:32 P.M.
ITEM # 42867
Robert J Scott, Director of Planmng, summartzed the SHORE DRIVE STUDY- URBAN LAND
INSTITUTE. This study was performed by the Urban Land Institute in May The finished report was
received in September and accomphshed through a great deal of cittzen tnput Mr Scott retterated the five
potnts
Shore Drive is a residential community with
commercial and resort aspects as opposed to a resort
community with residential aspects The area does not
have a clear image or a untfymg tdenti, fy. The Urban
Land Instttute was very impressed with Shore Drive.
.
Relattve the zoning in the area the retail/commercial
sectors are experiencing high levels of vacancy. There
ts probably more commercial than there ts a demand
Relattve the restdenttal development, the zontng tn place
is probably more permtsstve than there is an avatlable
market The zomng allows tnchvtduaIs to do thtngs that
are above and beyond the character and market of the
area. Parttcular areas were tnchcated for spectaltzed
commerctal development of htgh quahty (South east of
Lesner Brtdge, Spotl stte on west stde, Part of PUD
beyond the Spoil Stte)
Relattve development strategies, the areas existing need
to be preserved and enhanced wtth attractive restdenttal
netghborhoods and amentttes. The btke path ts very
impresstve ULI ts urgtng connectton by pedestrtan and
bike paths of Bayvtlle Park to the State Park, a large
portton of whtch ts already tn place ULI urges
improvement of the area as a scentc corrtdor Estabhsh
a sense of arrival to Shore Drive at US 13. Beautify
Shore Drive and organize its streetscape elements. ~4s
a htgher quahty of development ts betng urged, thts will
probably involve a role for the Ctty Counctl, BZA and
staff.
Shore Drive needs a unifying theme. There needs to be
development to chsttngutsh restdential areas of the road
from the commerctal areas
Shore Drtve's role as a scenic corridor should take
precedence over tts role as a traffic carrier to the
oceanfront
Mr Scott referenced a sertes of bastc tdeas by the ULI
Create an Advisory Commission in the Shore Drive Area..
Initiate some demonstration projects in the area.
Develop a landscape and streetscape community Appearance
Plan for the Shore Drive area.
Develop a public beach plan.
Develop public/private partnerships
Develop design criteria
Look at possible changes of zoning issues.
November 25, 1997
-5-
CITYMANA GER 'SBRIEFINGS
SHORE DRIVE STUD Y- URBAN LAND INSTITUTE
ITEM # 42867 (Continued)
Mr Scott reiterated the top four concepts to be accomphshed relative Shore Drtve in order of sequence:
In the forthcoming Capital Improvement Program, an
aesthetics plan (from 83rd Street to Diamond Springs
Road) should be developed.
Develop corridor design guidelines
Review zoning in area
Create Advisory Commission.
The Ctty Counctl should determtne the role of the Advisory Commission, which has the authority to perform
tts role. The Advisory Commission shouM be capable of acttng upon some tssues wtthout City tnvolvement
This should be a model whtch the City could utthze elsewhere Mr Scott suggested a type of organizatton
simtlar to the Resort Area Advtsory Commtssion or the Central Bustness Dtstrict, or a New England type
meeting concept ut~hz~ng the Owls Creek area
November 25, 1997
-6-
CITY MANAGER 'SBRIEFINGS
OCEANFRONT RESORT AREA CONCEPT PLAN
3:00 P.M.
ITEM # 42868
Tom Pauls, Department of Planmng, wtth the utilization of shdes, presented the OCEANFRONT RESORT
AREA CONCEPT PLAN. In June 28, 1994, the City Council ADOPTED the Oceanfront Resort Area
Concept Plan. The geographtc area ts from Rudee Inlet south northbound to the Laskin Road Corridor
and proceed westbound to Birdneck Road. The Martne Sctence Museum ts tncluded as an important part
of the Oceanfront, however, tt was not spectfically tdenttfied in the Oceanfront Resort Area Concept Plan.
The Plan ts dtvtded tnto three areas Northern - Laskin Road Corridor; Essential Core Area; and, the
Rudee Inlet Area. There are two alternattves for the Laskin Road Corridor (mostly alignment of roadways
and minor changes in land use) and there are two alternattves tn the Rudee Inlet area (architectural). The
eastern most part of the area is shown where the former Dome site was and ts identified as an Entertainment
Center and proceeds west to the Pavihon The Rudee Inlet area deptcts a stgmficant increase tn
development potenttal at the confluence of the Atlanttc Ocean and the Inlet The area ts broken tnto
subareas. The Resort strip ts deptcted in red on the shdes. The area to the left is the Rudee Inlet/Winston
Salem Road area Immedtately to the northwest of that is the restdential area prtmardy of Shadowlawn. The
Center ts the core area wtth restdenttal immedtately to the rtght and the Laskin Road Corridor. The Circle
on the right hand side ts the Gateway between Atlantic and Pacific Avenue. There ts an elaborate bikeway
and pedestrian system along the Boardwalk and as tt traverses through the Oceanfront. The staff ts keenly
aware of the need to shtft from an automobde domtnate oceanfront area to one that ts more transtt and
pedestrtan frtendly This plan recogmzes thts and attempts to achteve same The multi-modal center
tdenttfies the core of the systems of transportatton The greenspace deptcted ts the lan&caped top of a multt-
story structure whtch could be utihzed etther as condo, office, posstbly ground level retad and shops, etc.
A mix of land uses ts being tnvesttgated to comphment one another and create thts as the northern acttwty
center The second alternattve wouM be the roadway spht &pptng down to 29th Street wtth a pedestrian way
off of Beach Garden Park, which wouM also lead from Ocean Walk down from the Center for Contemporary
Arts and lea& to a Pedestrian concourse, which wouM also have some hmited vehtcular traffic access along
that east/west corrtdor leadtng to the boardwalk Much of the rematmng land uses rematn the same There
ts somewhat of an expanston of land based acttvittes along that dip on the roadway, whtch might also be
accentuated by boattng activtty Mr Pauls &splayed a rendertng of another posstble alternative entering
tnto the Laskin Road Corridor and serving as a gateway with double towers next to the bridge serving as
an entry point to the northern part of the oceanfront. The mixture of boating and pedestrtan acttvtttes is
deptcted A shde deptcting Laskin Road looktng west shows an effort to try to retatn some of the angular
parking already servtng many of the bustnesses along that CorrMor, as well as emphastzmg and improvtng
pedestrtan access along that route Ocean Walk, the Center for Contemporary Arts and Beach Garden
Park shows an interpretattve walkway and park access deptcttng the wetlands on the left. This would be an
important part of the overall bikeway and pedestrtan connection serving the Oceanfront area The City ts
trytng to create two anchors between the Pavilion and the former Dome site for an interesting &splay of
passtve and active uses between these two One of these uses, may be a Central Park A posstble vtew of
21st Street entertng the oceanfront was deptcted accented with banners, flowers and color showtng one ts
entertng a rather special place A shde of 2Oth Street, just on the west stde of the Dome site, the Central Park
can be shown on the rtght wtth development on the lefi and emphasis on pedestrian and transit systems with
a design to maintain the festive atmosphere There are two alternatives for Rudee Inlet: traditional and
exotic, wtth a futurtsttc vtew of the archttecture of the structures, however, the fundamental relattonshtp of
uses rematns the same There ts a lighthouse icon at the end of the boardwalk The netghborhoods have
expressed an tnterest to minimize the impact of the commercial uses on them and define thetr location Mr
Pauls showed the two alternattves.
November 25, 1997
-7-
CITYCOUNCIL BRIEFINGS
REDISTRICTING - DISTRICT NAMES
3:30P. M.
ITEM # 42869
Vice Mayor Sessoms and Council Lady Strayhorn recognized Les Lilley- City Attorney, Robert J. Scott -
Director of Planning, Louis Cullipher - Director of Agriculture and all members of City staff who assisted.
DISTRICT 1
CENTER VILLE
DISTRICT2
KEMPSVILLE
DISTRICT3
ROSE HALL
DISTRICT 4 BA YSIDE
DISTRICT 5
L YNNHA VEN
DISTRICT 6 BEA CH
DISTRICT 7
PRINCESS ANNE
A proposed charter amendment shall be advertised relative the District NAMES as City Council has learned
the citizens prefer "names" rather than "numbers" to designate representative/elective ares of the city.
November 25, 1997
-8-
CITYCOUNCIL BRIEFINGS
REDISTRICTING- PLANNING COMMISSION
ITEM # 42870
This item shall be discussed during the Executive Session
November 25, 1997
-9-
AGENDA RE VIEW SESSION
3:40 P.M.
ITEM # 428 71
Counctl Lady McClanan advtsed she wished to vote a VERBAL NAY'
J1
Or&nance to authortze the acqmsttton of Agrtcultural Land Preservation
Easements (ARP) and the issuance by the Ctty of its contract obhgatton:
George B. and Juamta F Pendleton 288 Acres
Installment Purchase Agreement No. 1997-18 $501,128
(Blackwater Borough)
ITEM # 428 72
Council Members Henley, McClanan, Parker and Strayhorn wished to vote a VERBAL NAY
J3
Or&nance to APPROPRIATE $472,732 from the
General Fund Balance to the Virginia Beach Sports
Stadium ProJect No 9-003, and, estimated revenue
from the proceeds of the future sale of EXCESS real
property be used to replemsh the General Fund
ITEM # 428 73
BY CONSENSUS, the following ttems shall compose the CONSENT AGENDA
ORDINANCES/RESOL UTIONS
J1
Ordinance to authorize the acquisttton of Agrtcultural
Land Preservation Easements (ARP) and the tssuance by
the Ctty of tts contract obligatton
George B and Juantta F Pendleton 288 Acres
Installment Purchase Agreement No 1997-18 $501,128
(Blackwater Borough)
J2
Or&nance to estabhsh the Youth Opportunities Office
wtthin the Department of Parks and Recreation; expand
the role of the Youth Services Coordtnattng Counctl re
servtng tn an advtsory capactty to the Youth
Opportuntttes Offices, create two full-time postttons:
Youth Opportuntttes Coordtnator and Admimstrattve
Secretary, and, TRANSFER $58,555 to the
Department's FY 1997-1998 Operattng Budget for
staffing and operations of the Office
J3
Ordinance to APPROPRIATE $472, 732 from the
General Fund Balance to the Virginia Beach Sports
Stadium ProJect No 9-003, and, esttmated revenue
from the proceeds of the future sale of EXCESS real
property be used to replentsh the General Fund
November 25, 1997
-10-
AGENDA RE VIEW SESSION
ITEM # 42873 (Continued)
J4
Ordtnance to APPROPRL4 TE $40, O00 from the Fund
Balance tn the Forfeited Asset Sharing Special Revenue
fund balance to the Police Department's FY 1997-1998
Operating Budget re purchase of computer software for
the Property and Evidence Unit
J 5 Ordinances to authorize temporary encroachments:
Into a portton of the Ctty's rtght-of-way of Ptne Street at
its tntersectton with Thtrd Street by the Runnymede
Corporation re constructing and maintatntng a
stormwater retention pond (L YNNHA VEN B OR O UGH)
bo
Into a portion of the Ctty's drainage easement at 2116
Admtral Drive }Vest by James W. E. Sadler re
constructtng and matntatntng a boat hft (L YNNHA VEN
BOROUGH)
J 60rdtnances to authortze
Excess Tax Refund $ 65. 79
License Refunds 24, 666. 62
Tax Refunds 2,843 44
K 1 .Resoluttons to approve tssuance of the Virginia Beach
Development Authority's Revenue and Refunding
Bonds'
a Sentara Health System
$130, 000, 000
b Virginia Wesleyan College
lO, OOO, OOO
K2 Resolutton to authorize the enlargement of a
nonconforming use to relocate a cottage for ELEANOR
H. MacRAE at 71713th Street, contatmng 7,000 square
feet (VIRGINIA BEACH BOROUGH)
November 25, 1997
-11-
AGENDA RE VIEW SESSION
ITEM # 428 74
NO ACTION IS REQUIP~D'
L.I.
MODIFICATION OF PROFFERS tn the March 25,
1997, Approved Apphcatton of BRIAN J. and
STEFANY DOLMA T for a Change of Zoning District
Classtficatton from R-5D Restdential Duplex Dtstrtct to
0-1 Office Dtstrtct at the Southwest corner of Vtrgtnta
Beach Boulevard and Thaha Road (221 Thaha Road),
contatntng 16,800 square feet (KEMPSVILLE
BOROUGH)
ITEM # 428 75
Counctlman Baum wtshed Condition No. 3 clarified relative five building lots. This ttem wtll be dtscussed
during the Formal Session Counctl Lady Henley requested what was betng done so that a future purchaser
of that large lot wouM know that st couM not be further subdivtded or built upon. There needs to be an
tndtcatton in the deed and on the plat
L. 3. Applicatton of JOE MONDS, JR.,for a Condttional U~e
Permtt for an alternattve rural residential development
at the Northwest mtersectton of Blackwater Road and
Blackwater Loop, containmg 34 36 acres
(BLA CKWA TER BOROUGH)
A condttion shall also be tnserted to requtre a statable legal instrument restrtcttng the development of the
property to no more than five restdenttal bmldtng lots whtch shall be submttted with the final subdivtswn
plat
ITEM # 428 76
Council Lady McClanan advtsed she wtll ABSTAIN:
L 6 Apphcatton of WIDENER HOMES LTD.,for a Change
of Zomng Dtstrtct Classtt~catton from R-7.5 &ngle
Famtly Dtstrtct to Conditional A-12 Apartment Dtstrtct
on the North stde of Wttchduck Court, begtnnmg at a
potnt 280feet more or less West of Wttchduck Road (527
North Witchduck Road), containmg 1 acres (BAYSIDE
BOROUGH)
ITEM # 428 77
B Y CONSENSUS, the following shall compose the PLANNING B Y CONSENT AGENDA:
PUBLIC HEARING- PLANNING
L. 2 Pettuon of MARK R. LICHTENSTEIN for the
dtsco~ttnuance, closure and abandonment of a portion
of Sydnor Street beginning at the Southern boundary of
55th Street and runmng tn a Southerly dtrection a
&stance of 105 lO feet along the Eastern boundary of
Syndor Street and containing 4,102 square feet
(L YNNHA VEN B OR 0 UGH)
November 25, 1997
- 12-
AGENDA RE VIEWSESSION
ITEM # 42877 (Continued)
L 4 Apphcattons of NEXTEL COMMUNICATIONS, INC.,
for Condttional Use Permits.
Wireless Communication Monopole on the East side of
Business Park Dr~ve begtnmng at a potnt 540feet more
or less North of Greenwtch Road (168 Business Park
Drive), containing 1 87 acres (BA YSIDE BOROUGH).
Wtrelcs$ Communtcatton Antenna on the West side of
Indtan Rtver Road begtnning at a potnt 2000feet South
of Lynnhaven Parkway on a 600 square foot portion of
a 14 72 68 acre parcel (KEMPSVILLE BOROUGH)
L6
APPLICATION of WIDENER HOMES LTD. for a
Change of Zomng Dtstrtct Class~ficatwn from R-7 5
Single Famdy Distrtct to Con&ttonal B-1 Netghborhood
Bustness Dtstrtct on the North stde of Wttchduck Court,
beginning at a potnt 280 feet, more or less, East of
Wttchduck Road (527 North Wttchduck Road),
containing 1 acre (BAYSIDE BOROUGH).
Item L.2 WILL BE DEFERRED FOR AN ADDITIONAL 180 DA YS.
Council Lady McClanan will ABSTAIN on L. 6.
November 25, 1997
- 13-
CITY COUNCIL CONCERNS
3:50 P.M.
ITEM # 428 78
Council Lady Parker referenced correspondence from the Ctty Manager relative the "Agenda For Future
Action" Thts contains a listmg of some 47 posstble follow-up or action ttems potentially to be pursued to
carry forward the implementatton of many of the concepts contained in the Comprehensive Plan. Also
included ts a prehminary priority ranking sheet Mr Spore requested Ctty Councd rank each of the
posstble actton ttems as a top, high or moderate priority
The Planmng Commission wdl not be responsible for all of these action items The Planning Commission
wdl meet tn January and has requested Ctty Councd's guidance
ITEM # 428 79
Mayor Oberndor~, Council Lady Parker and Council Lady Strayhorn referenced calls from Mrs. Denise
La l/'tgne concermng thetr request for the closure of the parktng lot on the western stde of Recreatton Drive
servtctng the youth soccer fields unttl such ttme as an earthen landscaped berm, not less than 4feet in
height is built on the City side of the drainage ditch. (Approved August 8, 1995, Apphcatton of Ytrginia
Beach Soccer Jotnt Task Force) Mrs LaVtgne recetved a hand dehvered letter on Saturday, November 22,
1997, and she was very upset She ts concerned there will be a sertes of meettngs where nothtng is
accomphshed and concern was expressed relative the cost. The City Manager advised a meeting will be
scheduled wtth all parttes involved on the stte and subsequent meettngs to revtew the alternatives and costs
for screening the parktng lot
ITEM # 42880
Councd Lady Henley referenced the School Modernization Program on the Pendtng Item Ltst. The date
noted for tts return to Ctty Councd was Sprtng 1998. If thts ts to be a successful Referendum, brteftngs
shouM be provided earher along tn the process
Councd Lady McClanan beheves when the Budget and Capttal Improvement Program come before Ctty
Councd, a proposal relattve the Referendum should be tncluded. This should be a part of the Budget and
CIP process
Council Lady Strayhorn ts concerned about the amount of fun&ng needed by hbrartes and schools for the
modernization and would like to have research relative the combtntng where posstble of the facthties of
hbrartes and schoos so that funds may be saved on infrastructure costs
Mayor Oberndorf believes the City should speak wtth the Library Board to determtne their posttion and the
School Board relative the hours the library facdities could be open or closed and whether it could be only
a portion of the buddtg, whtch could be locked offfrom the rest of the buddtng because of longer hours. This
would require both the cooperatton of the School and Library Board
Councd Lady Henley noted the Library Plan revtew is due to come back to Ctty Council December 16, 1997
The Ctty Counctl must be reahsttc and tnnovative tn what the ctttzens will support and thus needs a good
deal of time to constder all the tssues
The Ctty Manager advised the Ctty Staff is coordtnattng wtth the Independent Revtew Committee
ITEM # 42881
Councdman Branch referenced the consolidation issue on the Pending Items Ltst and acttons deferred by
the School Board unttl July 1997 Was somethtng to occur after July 1997
The Cay Manager advtsed Councd Members McClanan and Henley are the Ltatsons The Cay Manager has
wrttten a letter to Dr Jenney, Supertntendent of Schools, relative thts tssue, but he has not responded.
November 25, 1997
- 14-
CITY COUNCIL CONCERNS
ITEM # 42882
Mayor Oberndorf referenced the Inner-Regional Visff to Seattle (November 16-18, 1997) 1500 young
tndivtduals were made mtlhonaires by Microsoft, but have reinvested part of their wealth wtthin the
communtty Part of this quahty of hfe was the largest bond referendum passed for public educatton Grades
K-12 The famtly act provtding housing for tn&gent or homeless famtlies was also passed
The State Legtslature tn Seattle fund thetr colleges. The Umverstty of Washington ts the second greatest
rectptent of research grants. They are number 2 tn the natron behtnd John Hopktns Universtty. 90% of thetr
student body comes from the State of Washington They keep thetr educatton and experttse r~ght at home.
Washtngton has a personal property tax
Councd Lady Strayhorn advised thetr Bond Referendum dtd not pass rtght away, but after education of the
public, the Referendum dtd pass. Counctl Lady Strayhorn advised the Ctty had support of the newspapers
tn terms of the needs of the communtty
Mayor Oberndorf advtsed once the economy became healthy, Seattle discovered tt was easter to educate the
pubhc Regionalism dtd not take place overmght It took Seattle 10 to 15 years to get where they are Seattle
ts the largest City wtth 35 outlytng ctttes The postttve was emphasized
November 25, 1997
- 15-
ITEM # 42883
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the City Council Conference Room, City Hall Butldmg, on Tuesday, November 25, 1997, at
4.18 PM.
Council Members Present:
John A. Baum, Ltnwood 0 Branch, III, Harold Hetschober,
Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor
Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D
Sessoms, Jr, and Loutsa M Strayhorn
Counctl Members Absent'
Wdham W Harrtson, Jr
November 25, 1997
-16-
ITEM # 42884
Mayor Meyera E Oberndorf, entertained a motton to permtt C;ty Councd to conduct its EXECUTIVE
SESSION, pursuant to Secaon 2 1-344, Code of Vtrgm~a, as amended, for the following purpose'
PERSONNEL MA ITERS: Discussion or consMeraaon of or
interviews of prospective candidates for employment, asstgnment,
appointment, promoaon, performance, demoaon, salaries,
&sctphmng, or restgnaaon of spec~fic pubhc officers, appointees,
or employees pursuant to Section 2 1-344 (A) (1).
Appointments - Boards and Commissions.
Chesapeake Bay Preservation Area Board
Commumty Services Board
Franc~s Land House Board of Governors
Pendleton ChtM Service Management Board
Plannmg Commtssion
Resort Area Advtsory Commission
V~rgzma Beach Commumty Development Corporaaon
LEGAL MA TTERS' Consultaaon wtth legal counsel or briefings
by staff members, consultants, or attorneys pertatning to actual or
probable htigaaon, or other specific legal matters requesang the
prowswn of legal advtce by counsel pursuant to Secaon 2.1-
344(A)(7).
To-Wit
Yacht Sales Internaaonal, Inc. v Ctty of Vgrginia Beach, et al
PUBLICLY-HELD PROPERTY. Dtscussion or constderatton of
the conditton, acqutsttion, or use of real property for pubhc
purpose, or of the &sposttion of pubhcly-held property, or of plans
for the future of an institution whtch could affect the value of
property owned or destrable for ownershtp by such instttutton
pursuant to Section 2 1-344(,4)(3)
To-Wtt
Princess Anne Borough
Kempswlle Borough
Upon motton by Councdman Jones, seconded by Councilman Hetschober, Ctty Councd voted to proceed
mto EXECUTIVE SESSION (4:20 P.M.).
Voting. 9-0
Councd Members Vottng Aye
John A Baum, Linwood 0 Branch, III, Harold Hetschober,
Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor
Meyera E Oberndorf Nancy K Parker and Loutsa M Strayhorn
Councd Members Voting Nay'
None
Councd Members Absent
Wdham W Harrtson, Jr and Vtce Mayor Wtlham D Sessoms, Jr
November 25, 1997
-17-
FORMAL SESSION
VIRGINIA BEA CH CITY CO UNCIL
November 25, 199 7
6:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Councd Chamber, City Hall Building, on Tuesday, November 25, 1997, at 6 O0 P M.
Councd Members Present:
John A. Baum, Linwood 0 Branch, III,., Harold Heischober,
Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor
Meyera E. Oberndorf Nancy K. Parker, Vtce Mayor Wdham D
Sessoms, Jr and Loutsa M Strayhorn
Councd Members Absent
Wilham W. Harrison, Jr
[DETAINED A T OFFICE WITH BUSINESS
TRA NSA C TIO N]
INVOCATION
Reverend Richard J Keever
Bayside Presbyterian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessorns, being a Corporate Officer of Central Ftdehty Bank &sclosed there were no matters
on the agenda tn whtch he has a "personal tnterest", as defined tn the Act, either tn&vtdually or tn hts
capacity as an officer of Central Ftdehty Bank The Vtce Mayor regularly makes this Disclosure as he may
or may not know of the Bank's interest tn any apphcation that may come before Ctty Council. Vice Mayor
Sessoms' letter of January 1, 1997, ts hereby made a part of the record
November 25, 1997
- 18-
Item VIIoE.
CER TIFICA TION OF
EXECUTIVE SESSION
ITEM # 42885
Upon motton by Vice Mayor Sessoms, seconded by Councilman Branch, Ctty Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public bus~ness matters lawfully exempted from Open
Meeting requirements by Virgtnia law were discussed in Executive
Sesston to which th~s certification resolution apphes,
AND,
Only such pubhc bustness matters as were tdenttfied in the motion
conventng the Executtve Sesston were heard, discussed or
considered by Virginia Beach Ctty Council.
Vottng' 10-0
Councd Members Vottng Aye
John A Baum, Ltnwood 0 Branch, III, Harold Heischober,
Barbara M Henley, Louts R Jones, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D.
Sessoms, Jr and Loutsa M Strayhorn
Councd Members Voting Nay
None
Counctl Members Absent.
Wtlham W. Harrison, Jr
November 25, 1997
Beso u on
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 # 42885, Page 18, 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.
l~th Hodges §mith~ CMC/AAE
City Clerk
November 25, 1997
- 19-
Item VII-F 1.
MINUTES
ITEM # 42886
Upon motton by Vice Mayor Sessoms, seconded by Counctlman Branch, City Council APPROVED the
Mtnutes of the INFORMAL AND FORMAL SESSIONS of November 18, 1997.
Voting: 6-0
Council Members Voting Aye.
John A. Baum, Ltnwood O. Branch, III, Barbara M Henley, Louts
R. Jones,, Nancy K. Parker and Vtce Mayor William D Sessoms,
Jr
Counctl Members Vottng Nay.
None
Council Members Abstaining
Mayor Meyera E Oberndorf HaroM Heischober Reba S
McClanan and Lomsa M Strayhorn
Councd Members Absent
Wilham W. Harrison, Jr
Mayor Oberndorf ABSTAINED as she was absent from the meettng of November 18, 1997 due to a Regional
Conference tn Seattle, Washtngton.
Council Lady Strayhorn ABSTAINED as she was absent from the meetmg of November 18, 1997 due to a
Regional Conference tn Seattle
Counctl Lady McClanan ABSTAINED as she was absent from the meettng of November 18, 1997, due to
betng out of the City
Counctlman Hetschober ABSTAINED as he was absent from the meettng of November '18, 1997, due to
faintly matters
November 25, 1997
- 20-
Item VII-G.I.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 4288 7
BY CONSENSUS, City Counctl ADOPTED:
AGENDA FOR THE FORMAL SESSION
November 25, 1997
- 21 -
Item VII-I. I.
PUBLIC HEARING
ITEM # 42888
Mayor Oberndorf DECLARED A PUBLIC HEARING:
,4 GRICUL TURAL PRESER V,4 TION PROGRAM (,4RP)
(Blackwater Borough)
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
November 25, 1997
- 22 -
Item VII-J.K.
ORDINANCES/RESOL UTIONS
ITEM # 42889
Upon motion by Vice Mayor Sessoms, seconded by Councdman Branch, City Councd APPROVED BY
CONSENT IN ONE MOTION Or&nances 1, 2, 3, 4, 5 a/b, 6 a/b/c and Resoluttons 1 and 2
?oting 10-0
Councd Members Vottng Aye'
John A Baum, Linwood O. Branch, III, Harold Heischober,
Barbara M Henley, Louis R Jones, Reba S. McClanan, Mayor
Meyera E. Oberndorf Nancy K Parker, Vtce Mayor Wtlham D
Sessoms, Jr and Louisa M Strayhorn
Councd Members Vottng Nay
None
Counctl Members Absent.
Wtlham W Harrtson, Jr
Counctl Lady McClanan voted a VERBAL NAY on Item J 1 a
Counctl La&es Henley, Parker, McClanan and Strayhorn voted a VERBAL NAY on Item d 3
November 25, 1997
- 23 -
Item VII-J 1.
ORDINANCES/RESOL UTIONS
ITEM # 42890
Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, City Councd ADOPTED:
Ordinance to authortze the acqutsitton of Agricultural Land
Preservation Easements (ARP) and the issuance by the Ctty of tts
contract obligatton:
George B and Juanita F. Pendleton
Installment Purchase Agreement No 1997-18
(Blackwater Borough)
288 Acres
$501,128
Voting: 9-1 (By ConsenO
Council Members Voting Aye.
John A. Baum, Linwood 0 Branch, III, Harold Hetschober,
Barbara M Henley, Louts R Jones, Mayor Meyera E. Oberndo~
Nancy K Parker, Vice Mayor Wdliam D Sessoms, Jr and Loutsa
M Strayhorn
Council Members Vottng Nay'
Reba S McClanan
Councd Members Absent'
Wdham W Harrtson, Jr
November 25, 1997
AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
AGRICULTURAL LAND PRESERVATION EASEMENT AND
THE ISSUANCE BY THE CITY OF ITS CONTRACT
OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF
$501,128
WHEREAS, pursuant to the Agricultural Lands Preservation
Ordinance (the "Ordinance"), Appendix J of the Code of the
City of Virginia Beach, there has been presented to the City
Council for approval an Installment Purchase Agreement for the
10
acquisition of the Development Rights (as defined in the
11
Installment Purchase Agreement, a true copy of which is hereto
12
affixed) on certain property located in the City and more
13
fully described in Exhibit B of the Installment Purchase
14
Agreement for a purchase price of $501,128; and
15
WHEREAS, the aforesaid Development Rights shall be
16
acquired through the acquisition of a perpetual agricultural
17
land preservation easement, as defined in, and in compliance
18
with, the requirements of the Ordinance; and
19
WHEREAS, the City Council has reviewed the proposed terms
20
and conditions of the purchase as evidenced by the Installment
21
Purchase Agreement;
22
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
23
CITY OF VIRGINIA BEACH, VIRGINIA:
24
1. The City Council hereby determines and finds that
25
the proposed terms and conditions of the purchase of the
26
Development Rights pursuant to the Installment Purchase
27
Agreement, including the purchase price and manner of payment,
28
are fair and reasonable and in furtherance of the purposes of
29
the Ordinance, and the City Manager is hereby authorized to
30
approve, upon or before the execution and delivery of the
31
Installment Purchase Agreement, the rate of interest to accrue
32 on the unpaid principal balance of the purchase price set
33 forth hereinabove as the greater of 5.50% per annum or the per
34
annum rate which is equal to the yield on United States
35
Treasury STRIPS purchased by the City to fund such unpaid
36
principal balance; provided, however, that such rate of
37
interest shall not exceed 7.50% unless the approval of the
38
City Council by resolution duly adopted is first obtained.
39
2. The City Council hereby further determines that
4O
funding is available for the acquisition of the Development
41
Rights pursuant to the Installment Purchase Agreement on the
42
terms and conditions set forth therein.
43
3. The City Council hereby expressly approves the
44
Installment Purchase Agreement in the form and substance
45
presented at this meeting and, subject to the determination of
46
the City Attorney that there are no defects in title to the
47
property or other restrictions or encumbrances thereon which
48
may, in the opinion of the City Attorney, adversely affect the
49
City's interests, authorizes the City Manager to execute and
5O
deliver the Installment Purchase Agreement in substantially
51
the same form and substance as presented at this meeting with
52
such minor modifications, insertions, completions or omissions
53
which do not materially alter the purchase price or manner of
54
payment, as the City Manager shall approve. The City Council
55
further directs the City Clerk to affix the seal of the City
56
to, and attest same on, the Installment Purchase Agreement.
57
The City Council expressly authorizes the incurrence of the
58
indebtedness represented by the issuance and delivery of the
59
Installment Purchase Agreement.
6O
4. The City Council hereby elects to issue the
61
indebtedness under the Charter of the City rather than
62 pursuant to the Public Finance Act of 1991 and hereby
63
64
constitutes the indebtedness a contractual obligation bearing
the full faith and credit of the City.
65
66
Adopted by the Council of ,the City of Virginia Beach,
Virginia, on this
25
day of November , 19 97.
67
68
69
Adoption requires an affirmative vote of a majority of
all members of the City Council.
70
71
72
73
CA-97-6848
wmm~ arp\working~pendl eton. orn
November 14, 1997
R-1
74
75
76
77
APPROVED AS TO CONTENT:
~griculture
APPROVED AS TO LEGAL
SUF//~ICIENCY:
Law Department
78
79
8O
C ~ER~FI~D AS TO AVAILABILITY OF FUNDS:
Director of Finance
GEORGE B. PENDLETON
and
JUANITA F. PENDLETON,
the "Seller"
and
CITY OF VIRGINIA BEACH, VIRGINIA
the "City"
INSTALLMENT PURCHASE AGREEMENT
(Agreement No. 1997-18)
TABLE OF CONTENTS
(This Table of Contents is not part of the Installment Purchase Agreement and is only for
convenience of reference)
Section Pa~e
ARTICLE 1
DEFINITIONS
SECTION 1.1
SECTION 1.2
Definitions ........................................... 1
Rules of Construction ................................. 4
ARTICLE 2
SALE AND PURCHASE OF DEVELOPMENT RIGHTS
SECTION 2.1
SECTION 2.2
Agreement to Sell and Purchase Development Rights .......... 4
Delivery of Deed of Easement ......................... 4
ARTICLE 3
PAYMENT OF PURCHASE PRICE
SECTION 3.1
SECTION 3.2
SECTION 3.3
Payment of Purchase Price ................................. 5
Registration and Transfer of this Agreement ................... 5
Mutilated, Lost, Stolen or Destroyed Agreement ............... 7
ARTICLE 4
REPRESENTATIONS AND WARRANTIES
SECTION 4.1
SECTION 4.2
Representations and Warranties of the City .................... 7
Representations and Warranties of the Seller .................. 8
Section Page
ARTICLE 5
PROVISIONS RELATING TO EXCLUSION
OF INTEREST FROM INCOME FOR FEDERAL INCOME TAXATION
SECTION 5.1
SECTION 5.2
Intent of City and Tax Covenant of City ...................... 9
.Acknowledgment of Seller with Regard to Tax
Consequences of Transaction ............................... 9
ARTICLE 6
THE REGISTRAR
SECTION 6.1
SECTION 6.2
SECTION 6.3
SECTION 6.4
SECTION 6.5
Appointment of Registrar ................................ 9
Ownership of Agreement .................................. 9
Removal of Registrar and Appointment of
Successor Registrar ..................................... 10
Qualifications of Successor Registrar ....................... 10
Successor by Merger or Consolidation ..................... ; 10
ARTICLE 7
MISCELLANEOUS
SECTION 7.1
SECTION 7.2
SECTION 7.3
SECTION 7.4
SECTION 7.5
SECTION 7.6
SECTION 7.7
SECTION 7.8
SECTION 7.9
SECTION 7.10
Successors of City ...................................... 10
Parties in Interest ....................................... 10
Binding Effect ......................................... 11
Severabllity ........................................... 11
Prior .Agreements Cancelled; No Merger ..................... 11
Amendments, Changes and Modifications ................... 11
No Personal Lmbihty of City Officials ...................... 11
Governing Law ........................................ 11
Notices ............................................... 11
Holidays .............................................. 12
Signatures and Seals ................................................... 13
EXHIBIT A-
EXHIBIT B -
EXHIBIT C -
EXHIBIT D -
EXHIBIT E -
Form of Deed of Easement
Description of Land
Permitted Encumbrances
Form of Assignment
Transfer of Agreement - Schedule of Transferees
!NSTAL, LMENT PURCHASE AOREEMENT
(Agreement No. 1997-18)
THIS INSTALLMENT PURCHASE AGREEMENT (this "Agreement") is made as
of the~ day of ,199_ between GEORGE B. PENDLETON and JUANITA
F. PENDLETON (collectively, the "Seller") and CITY OF VIRGINIA BEACH, VIRGINIA,
a body politic and corporate of the Commonwealth of Virginia (the "City").
RECITALS
A. Pursuant to the authority granted by the Open-Space Land Act, Chapter 17,
Title 10.1 of the Code of Virginia of 1950, as amended (the "Act"), the City adopted the
Ordinance (hereinafter defined in Section 1.1) to promote and encourage the preservation of
agricultural land in designated areas within the southern port~on of the City.
B. In furtherance of the purposes of the Act and the Ordinance, the City has
established the Agricultural Reserve Program of the City which provides for the acquisition
of Development Rights (hereinafter defined in Section 1.1) through the purchase of
agricultural land preservation easements with respect to property located in the portions of
the City covered by the Ordinance.
C. The Seller is the owner in fee simple of Land (hereinafter defined in
Section 1.1) which is located in that portion of the City subject to the Ordinance and meets
the eligibility criteria of Section 7 of the Ordinance.
D. The Seller has agreed to sell, and the City has agreed to purchase, Seller's
Development Rights in the Land on and subject to the terms and conditions hereinafter set
forth.
AOREEMENT$
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants
and agreements hereinafter set forth, and for other good and valuable consideration, the
receipt and sufficiency whereof are hereby acknowledged, the Seller and the City hereby
agree as follows:
ARTICLE 1
DEFINITIONS
SECTION 1.1 Definitions. As used in this Agreement, the following terms have the
following meanings, unless the context clearly indicates a different meaning:
"Agricultural Use" means (i) the bona fide production of crops, animal or fowl,
including, but not limited to, the production of fruits, vegetables, honey, grains, meat, poultry
and dairy products, the raising of livestock and poultry, and the production and harvest of
products from horticultural, silvicultural or aquacultural activity, (ii) the repair, expansion
or replacement of no more than one (1) bona fide dwelling occupied by the landowner or
tenant as of the date of application for entry in the Agricultural Reserve Program and no
more than one freestanding mobile home, as permitted by Section 19-19 of the Virginia
Beach City Code, and (iii) accessory uses directly related to agricultural activities conducted
on the same property, including the sale of agricultural products as permitted by Section 401
of the Virginia Beach City Zoning Ordinance. The term does not include the processing of
agricultural, silvicultural, horticultural or aquacultural products, except as an accessory use.
"Business Day" or "business day" means a day on which (a) banks located in theCity
and in the city in which the pnncipal office of the Registrar is located are not required or
authorized by law or executive order to close for business, and (b) The New York Stock
Exchange is not closed.
"City" means the City of Virginia Beach, Virginia, a body politic and corporate and
a political subdivision created and existing under and by virtue of the Constitution and laws
of the State, its successors and assigns.
"City Council" means the Council of the City.
"City Manager" means the C~ty Manager of the City.
"Code" means the Internal Revenue Code of 1986, as amended. Each reference to
the Code here~n shall be deemed to include the United States Treasury Regulations in effect
or proposed from time to time with respect thereto.
"Deed of Easement" means the Deed of Easement of even date herewith from the
Seller to the City, which shall convey the Development Rights to the City in perpetuity. The
Deed of Easement shall be substantially in the form attached hereto as Exhibit A and made
a part hereof.
"Development Rights" mean the fights of the Seller in the Land to develop the Land
for any use other than an Agricultural Use. Development Rights shall include, but not be
limited to, the right to develop the Land for any commercial, industrial or residential use
except as expressly permitted by the Ordinance.
"Enabling Legislation" means, collectively, (1) the Open Space Land Act, Chapter 17
of Title 10.1 of the Code of Virginia of 1950, as amended, and (2) the Ordinance.
"Estate Settlement Transfer" means the transfer by the legal representative of the
estate of a deceased Seller of such Seller's rights in and to this Agreement in connection with
the distribution of the deceased Seller's estate or other settlement of such decedent Seller's
estate.
"Interest Payment Date" means June 1 and December 1 in each year, commencing
,199 .
"Land" means the tract or tracts of land located in Virginia Beach, Virginia,
containing approximately 288 acres, and more particularly described in Exhibit B attached
hereto and made a part hereof.
"Ordinance" means the Agricultural Lands Preservation Ordinance adopted by the
City Council on May 9, 1995, as Appendix J to the City Code, as the same may be amended
or modified from time to time.
"Permitted Encumbrances" mean the encumbrances listed on Exhibit C attached
hereto and made a part hereof and any encumbrances on or with respect to the Land or any
portion thereof hereafter approved, in writing, by the City.
"Person" or "person" means any natural person, firm, association, corporation,
company, trust, partnership, public body or other entity.
"Purchase Price" means $501,128, the purchase price to be prod by the City to the
Registered Owner in accordance with this Agreement.
"Record Date" means the fifteenth (15th) day (whether or not a Business Day) of the
calendar month immediately preceding each Interest Payment Date and the pnncipal
payment date.
"Registered Owner" means the registered owner of this Agreement as shown on the
registration books maintained by the Registrar.
"Registrar" means First Union National Bank of Virginia or any other person
hereafter appointed by the City to act as Registrar and paying agent for this Agreement.
"Seller" means, collectively, George B. Pendleton and Juanita F. Pendleton.
"State" means the Commonwealth of Virginia.
SECTION 1.2 Rules of Construction.
(a) The words "hereof," "herein," "hereunder," "hereto," and other words
of similar import refer to this Agreement in its entirety.
(b) The terms "agree" and "agreements" contained herein are intended to
include and mean "covenant'' and "covenants."
(c) References to Articles, Sections, and other subdivisions of this
Agreement are to the designated Articles, Sections, and other subdivisions of this
Agreement.
(d) The headings of this Agreement are for convenience only and shall
not define or lnmt the provisions hereof.
(e) All references made (i) ~n the neuter, masculine or feminine gender
shall be deemed to have been made in all such genders, and 0i) in the singular or plural
number shall be deemed to have been made, respectively, in the plural or singular number
as well.
ARTICLE 2
SALE AND PURCHASE OF DEVELOPMENT RIGHTS
SECTION 2.1 Agreement to Sell and Purchase Development Rights. The Seller
agrees to sell the Development Rights in the Land to the C~ty and the City agrees to purchase
the Development Rights in the Land fi.om the Seller on the date hereof for the Purchase
Price.
SECTION 2.2 Delivery of Deed of Easement. In order to evidence the sale of the
Development Rights to the City, the Seller shall execute and deliver to the City on the date
hereof the Deed of Easement in the form attached hereto as Exhibit A and made a part
hereof. The Deed of Easement shall be recorded in the Clerk's Office of the Circuit Court
of the City.
ARTICLE 3
PAYMENT OF PURCHASE PRICE
SECTION 3.1 payment of Purchase Price.
(a) The City shall pay the principal portion of the Purchase Price to the
Registered Owner in a single installment on ,202_ [25-year maturity
date]. The Purchase Price is .
(b) Interest on the unpaid principal balance of the Purchase Price shall
accrue from the date of recordation of the Deed of Easement and shall be payable to the
Registered Owner on , 199_, and semiannually thereafter on June 1 and
December 1 in each year to and including ,202_, at the rate of % per
annum. Interest shall be calculated on the basis of a 360-day year of twelve 30-day months.
(c) Both the single installment of principal of the Purchase Price and the
interest on the unpaid balance thereof are payable in lawful money of the United States of
America at the time of payment.
/
(d) Payment of interest on the unpaid balance of the Purchase Price shall
be made by the City on each Interest Payment Date to the Registrar. The Registrar shall
forward all such interest payments by check or draft mailed to the person(s) appearing on the
registration books of the City mmntmned by the Registrar as the Registered Owner on the
Record Date, at the address of such Registered Owner as it appears on such registration
books. The single installment of principal of the Purchase Price shall be paid on the
principal payment date set forth in Subsection (a) above by the Registrar to the Registered
Owner as of the Record Date upon presentation and surrender of this Agreement at the office
of the Registrar.
(e) The City's obligation to pay the Purchase Price hereunder and to pay
interest on the unpaid balance of the Purchase Price is a general obligation of the City, and
the full faith and credit and the unlimited taxing power of the City are irrevocably pledged
to the punctual payment of the Purchase Price and the interest on the unpaid principal
balance of the Purchase Price as and when the same respectively become due and payable.
SECTION 3.2 Registration and Transfer of this Agreement.
(a) Until the Purchase Price and all interest thereon have been paid in full,
the City shall mmntain and keep at the offices of the Registrar, registration books for the
registration and transfer of this Agreement; and upon presentation of this Agreement for such
purpose at the offices of the Registrar, the Registrar shall register or cause to be registered
on such registration books, and permit to be transferred thereon, under such reasonable
regulations as the City or the Registrar may prescribe, the ownership of this Agreement. The
Registrar, however, shall not be required to make any such registration and transfer during
the period from the Record Date to the next succeeding Interest Payment Date or final
principal payment date.
(b) Except for an Estate Settlement Transfer, this Agreement may not be
transferred by the Registered Owner prior to the expiration of a one (1) year period from the
date this Agreement has been fully executed, delivered and become effective, and any such
attempted transfer shall be null and void. The Registrar shall be instructed not to make any
such transfers (other than an Estate Settlement Transfer) on its registration books kept for the
purpose of registering the transfer of this Agreement prior to the expiration of said one (1)
year period.
(c) The Seller is the original Registered Owner. This Agreement shall be
transferable only upon the books of the City maintmned for such purpose by the Registrar,
at the written request of the Registered Owner as then shown on such registration books or
his attorney duly authorized in writing, upon presentation and surrender of this Agreement,
together with a written instrument of transfer substantially in the form attached hereto as
Exhibit D, or as may otherwise be satisfactory to and approved by the Registrar in writing,
duly executed by the Registered Owner or his attomey duly authorized in writing. Upon the
surrender for transfer of this Agreement, the Registrar shall complete the Schedule of
Transferees attached hereto as Exhibit E with the name, address and tax identification
number of the transferee Regnstered Owner, and the date of the transfer; prowded, however,
that if there is any conflict between the information set forth in Exhibit E hereto and the
registration books maintained by the Registrar, the information shown on such registration
books shall control.
The City and the Registrar may deem and treat the person in whose name this
Agreement is registered upon the books of the City maintained by the Registrar as the
absolute owner of tins Agreement, whether any payments hereunder shall be overdue or not,
for the purpose of receiving payment of, or on account of, the Purchase Price and interest
thereon and for all other purposes, and all such payments so made to any such Registered
Owner or upon his order shall be valid and effectual to satisfy and discharge the liability
upon this Agreement to the extent of the sum or sums so paid, and neither the City nor the
Registrar shall be affected by any notice to the contrary.
For every registration of transfer of this Agreement, the City or the Registrar may
make a charge sufficient to reimburse themselves for any tax or other governmental charge
required to be paid with respect to such exchange or transfer, which sum or sums shall be
paid by the person requesting such transfer as a condition precedent to the exercise of the
privilege of registering such transfer.
SECTION 3.3 Mutilated, Lost.~to. len or D_estroyed Agreement. In the event that this
Agreement is mutilated, lost, stolen or ~stroyed, the City and the Registered Owner (as then
shown on the registration books maimined by the Registrar) shall execute and deliver a
substitute agreement having the same ma'ns and provisions as the mutilated, lost, stolen or
destroyed Agreement; provided that, in~e case of any mutilated Agreement, such mutilated
Agreement shall first be surrendered tothe Registrar, and, in the case of any lost, stolen or
destroyed Agreement there shall be fi~furnished to the City and the Registrar evidence of
such loss, theft or destruction satisf~tory to the City and the Registrar, together with
~ndemnity satisfactory to each of therein their sole discretion. The City and the Registrar
may charge the Registered Owner r~esting such new Agreement their expenses and
reasonable fees, if any, in this connecti~ If after the delivery of such substitute Agreement,
a bona fide purchaser of the original Ag~ement (in lieu of which such substitute Agreement
was issued) presents for payment such niginal Agreement, the City and the Registrar shall
be entitled to recover such substitute A~eement from the person to whom it was delivered
or any other person who receives delixery thereof, except a bona fide purchaser, and shall
be entitled to recover upon the securityor indemnity provided therefor or otherwise to the
extent of any loss, damage, cost or eapense incurred by the City and the Registrar in
connection therewith.
-~RTICLE 4
REPRESENTAIIIONS AND WARRANTIES
SECTION 4.1 Representations and Warranties of the City. The City makes the
following representations and warranti~:
the State.
(a) The City is a bo~ politic and corporate and a political subdivision of
(b) The City has tl~ necessary power and authority to acquire the
Development Rights, to enter into this Pllreement, to perform and observe the covenants and
agreements on its part contained in ~ Agreement and to carry out and consummate all
transactions contemplated hereby. By proper action, the City has duly authorized the
execution and delivery of this Agreem~t.
(c) This Agreementltas been duly and properly authorized, executed,
sealed and delivered by the City, constilates the valid and legally binding obligation of the
City, and is enforceable agmnst the Cityin accordance with its terms.
(d) There are no promedings pending or, to the knowledge of the City,
threatened before any court or administmive agency which may affect the authority of the
City to enter into this Agreement.
SECTION 4.2 Representations. and W,arranties of the. Seller. The Seller makes the
following representations and warranties:
(a) The Seller has full power and authority to execute and deliver this
Agreement and the Deed of Easement, and to incur and perform the obligations provided for
herein and therein. No consent or approval of any person or public authority or regulatory
body is required as a condition to the validity or enforceability of this Agreement or the Deed
of Easement, or, if required, the same has been duly obtained.
(b) This Agreement and the Deed of Easement have been duly and
properly executed by the Seller, constitute valid and legally binding obligations of the Seller,
and are fully enforceable against the Seller in accordance with their respective terms.
(c) There is no litigation or proceeding pending or, so far as the Seller
knows, threatened before any court or administrative agency which, in the opinion of the
Seller, w~ll materially adversely affect the authority of the Seller to enter into, or the validity
or enforceability of, this Agreement or the Deed of Easement.
(d) There is (i) no provision of any existing mortgage, indenture, contract
or agreement binding on the Seller or affecting the Land, and (fi) to the knowledge of the
Seller, no prowsion of law or order of court binding upon the Seller or affecting the Land,
which would conflict with or in any way prevent the execution, delivery, or performance of
the terms of this Agreement or the Deed of Easement, or which would be ~n default or
violated as a result of such execution, delivery or performance, or for which adequate
consents, waivers or, ~f necessary, releases or subordinations, have not been obtained.
(e) There exist no liens, security interests or other encumbrances on or
with respect to the Land (other than Permitted Encumbrances), and at the time of execution
and delivery of the Deed of Easement there will be no liens, security ~nterests or other
encumbrances of the Development Pdghts to be conveyed thereby.
(f) The Seller ~s not a nonresident alien of the United States of America
for purposes of federal income taxation.
(g) The Social Security Numbers of the Seller are 223-56-1340 (for
George B. Pendleton) and 224-44-7778 (for Juanita F. Pendleton).
The representations in subsections (f) and (g) above are made under penalties of perjury and
the information contained therein may be disclosed by the City to the Internal Revenue
Service. The Seller acknowledges that any false statement in such subsections could be
punished by fine, imprisonment or both.
(h) To the best of the knowledge, information and belief of the Seller, the
Land has not been used for the manufacture, storage, treatment, disposal or release of any
hazardous waste or substance.
ARTICLE 5
PROVISIONS RELATING TO EXCLUSION
OF INTEREST FROM INCOME FOR FEDERAL INCOME TAXATION
SECTION 5.1 In.t. en[ of City and Tax Covenant of Ci _ty. The City intends that the
interest payable under this Agreement shall not be includable in the gross income of the
Registered Owner for purposes of federal income taxation pursuant to Section 103 of the
Code. Accordingly, the City shall not knowingly take or permit to be taken any other action
or actions or omit or fail to take any action, which would cause this Agreement to be an
"arbitrage bond" within the meaning of Section 148 of the Code, or which would otherwise
cause interest payable under this Agreement to become includable m the gross income of any
Registered Owner for purposes of federal income taxation.
SECTION 5.2 Acknowledgrnen..t of Seller with Regard to T.ax Cons..equences of
Transaction. The Seller has received an opinion from Kaufrnan & Canoles, P.C., Bond
Counsel, dated the date hereof, to the effect that under existing laws, regulations, rulings and
decisions, interest payable under this Agreement is not includable ~n the gross income of the
Seller for federal income tax purposes, which opinion assumes continuous compliance with
certain covenants in the Tax Certificate and Compliance Agreement to be executed and
dehvered by the City on the date of delivery of this Agreement and is otherwise limited in
accordance with its terms. The Seller acknowledges that Seller has made Seller's own
independent investigation and has consulted with such attorneys, accountants and others as
the Seller shall have selected in the Seller's sole discretion to advise the Seller with respect
to all other tax considerations related to the transaction contemplated hereby (including, but
not hmited to, installment sales treatment under Section 453 of the Code, charitable
contribution deductions under Section 170 of the Code, and federal estate tax implications);
and the Seller cerhfies that the Seller has not looked to or relied upon the City or any of its
officials, agents or employees, or to Bond Counsel, with respect to any of such matters.
ARTICLE 6
THE REGISTRAR
SECTION 6.1 Appointment of Registrar. First Union National Bank of Virginia is
hereby designated and appointed to act as Registrar for this Agreement.
SECTION 6.2 Ownership of Agreement. The Registrar, ~n its individual capacity or
as trustee for holders of participation interests in this Agreement, may in good faith buy, sell,
own and hold this Agreement, and may join in any action which any Registered owner may
be entitled to take with like effect as if it did not act as Registrar hereunder. The Registrar,
in its individual capacity, either as principal or agent, may also engage, or have an interest,
in any financial or other transaction with the City, and may act as depository, trustee or agent
for other obligations of the City as freely as if it did not act in any capacity hereunder.
SECTION 6.3 Removal of Registrar and Appointment of Successor Registrar. The
City shall have the right, subject to the terms of any agreement with the Registrar, to remove
the Registrar any time by filing with such Registrar to be removed, and with the Registered
Owner, an instrument in writing. Notwithstanding the foregoing, such removal shall not be
effective until a successor Registrar has assumed the Registrar's duties hereunder. The City
shall have the sole right to select a successor Registrar.
SECTION 6.4 Qualifications of Successor Registrar. Any successor Registrar shall
be either (a) the Department of Finance of the City, (b) an officer or employee of the City,
or (c) a bank, trust company or other financial institution duly organized under the laws of
the United States or any state or territory thereof which is authorized by law and permitted
under the laws of the State to perform all the duties imposed upon it as Registrar by this
Agreement.
SECTION 6.5 Successor by Merger or Consolidation. If the Registrar is a bank, trust
company or other financial institution, any institution or corporation into which the Registrar
hereunder may be merged or converted or with whmh it may be consolidated, or any
corporation resulting from any merger or consohdation to whmh the Registrar hereunder
shall be a party or any institution or corporation succeeding to the corporate trust business
(if any) of the Registrar, shall be the successor Registrar under this Agreement, without the
execution or filing of any paper or any further act on the part of the parties hereto, anything
in th~s Agreement to the contrary notwithstanding.
ARTICLE 7
MISCELLANEOUS
SECTION 7.1 Successors of City. In the event of the dissolution of the City, all the
covenants, stipulations, promises and agreements in this Agreement contained, by or on
behalf of, or for the benefit of, the City, the Seller, any other Registered Owner and the
Registrar, shall bind or inure to the benefit of the successors of the City from time to time
and any entity, officer, board, commission, agency or instrumentality to whom or to which
any power or duty of the City shall be transferred.
SECTION 7.2 Parties in Interest. Except as herein otherwise specifically provided,
nothing in this Agreement expressed or implied is intended or shall be construed to confer
upon any person, firm or corporation, other than the City, the Seller, any other Registered
10
Owner and the Registrar, any fight, remedy or claim under or by reason of this Agreement,
this Agreement being intended to be for the sole and exclusive benefit of the City, the Seller,
any other Registered Owner from time to time of this Agreement and the Registrar.
SECTION 7.3 Binding Effect. This Agreement shall be binding upon and inure to
the benefit of the parties hereto, their respective heirs, personal representatives, successors
and assigns, including, without limitation, all Registered Owners from time to time of this
Agreement.
SECTION 7.4 Severability. In case any one or more of the provisions of this
Agreement shall, for any reason, be held to be illegal or invalid, such illegality or invalidity
shall not affect any other provisions of this Agreement and this Agreement shall be construed
and enforced as if such illegal or invalid provisions had not been contained herein or therein.
SECTION 7.5 Prior Agreements Cancelled; No Merger. Th~s Agreement shall
completely and fully supersede all other prior agreements, both written and oral, between the
City and the Seller relating to the acquisition of the Development Rights. Neither the City
nor the Seller shall hereafter have any fights under such prior agreements but shall look
solely to this Agreement and the Deed of Easement for definitions and detenmnation of all
of their respective rights, liabilities and responsibihties relating to the Land, the
Development Rights and the payment for the Development Rights. In addition, this
Agreement shall survive the execution and recording of the Deed of Easement ~n all respects
and shall not be merged therein.
SECTION 7.6 Amendments, Changes and Modifications. This Agreement may not
be amended, changed, modified, altered or terminated except by an agreement in writing
between the City and the then Registered Owner. An executed counterpart of any such
amendment shall be attached to this Agreement and shall be binding upon such Registered
Owner and all successor Registered Owners.
SECTION 7.7 No Personal Liability of City Officials. No covenant or agreement
contained in this Agreement shall be deemed to be the covenant or agreement of any official,
officer, agent or employee of the City in his or her individual capacity, and neither the
officers or employees of the City nor any official executing this Agreement shall be liable
personally on this Agreement or be subject to any personal liability or accountability by
reason of the issuance thereof.
SECTION 7.8 Governing Law. The laws of the State shall govern the construction
and enforcement of this Agreement.
SECTION 7.9 Notices. Except as otherwise provided in this Agreement, all notices,
demands, requests, consents, approvals, certfficates or other communications required under
this Agreement to be in writing shall be sufficiently given and shall be deemed to have been
11
properly given three Business Days after the same is mailed by certified mail, postage
prepaid, return receipt requested, addressed to the person to whom any such notice, demand,
request, approval, certificate or other communication is to be given, at the address for such
person designated below:
City:
City Manager
Municipal Center
Virginia Beach, VA 23456
with a copy to:
City Attorney
Municipal Center
Virginia Beach, VA 23456
Seller:
George B. And Juanita F. Pendleton
2324 Indian Creek Road
Chesapeake, Virginia 23322
Registrar:
F~rst Union National Bank of Virginia
Corporate Trust Department
2nd Floor
901 East Cary Street
Richmond, Virginia 23219
Any of the foregoing may, by notice given hereunder to each of the others, designate any
further or different addresses to whmh subsequent notices, demands, requests, consents,
approvals, certificates or other communications shall be sent hereunder.
SECTION 7.10 Holidays. If the date for making any payment or the last date
for performance of any act or the exercising of any fight, as provided in this Agreement, shall
not be a Business Day, such payment may, unless otherwise prowded in this Agreement, be
made or act performed or right exercised on the next succeeding Business Day w~th the same
force and effect as if done on the nominal date provided in this Agreement, and in the case
of payment no ~nterest shall accrue for the period after such nominal date.
WITNESS the signatures and seals of the parties hereto as of the date first above
written.
12
CITY:
[CITY'S SEAL]
CITY OF VIRGINIA BEACH, VIRGINIA
ATTEST:
By:
James K. Spore, City Manager
City Clerk
SELLER:
(SEAL)
,(SEAL)
Approved as to Legal
Sufficiency:
Approved as to Sufficiency of
Funds:
Deputy City Attorney
Director, Department of Finance
13
COMMONWEALTH OF VIRGINIA
AT LARGE, to-wit:
The foregoing instrument was acknowledged before me in the City of Virginia
Beach, Virgima, this __ day of ,19 , by James K. Spore, City
Manager of the City of Virginia Beach, Virginia, and attested to by
, City Clerk of the City of Virginia Beach, Virginia, on its
behalf.
Notary Public
(SEAL)
My Commission Expires:
COMMONWEALTH OF VIRGINIA
AT LARGE, to-wit:
Beach,
The foregoing instrument was acknowledged before me in the City of Virginia
Virginia, this day of ., 19 , by
and .
Notary Public
(SEAL)
My Commission Expires:
14
EXHIBIT A
FORM OF D.EED OF EASEMENT
[SEE ATTACHED]
15
This instrument was prepared by
Virginia Beach City Attorney's Office
EXHIBIT A
Exemption Claimed: § 58.1-811(A)(3)
{} 58.1-811(C)(4)
DEED OF EASEMENT
THIS DEED OF EASEMENT is made this~ day of ,199__, by
and between GEORGE B. PENDLETON, a/k/a GEORGE B. PENDLETON, JR., and
JUANITA F. PENDLETON, husband and wife (collectively, the "Grantor"), and CITY OF
VIRGINIA BEACH, VIRGINIA, a body politic and corporate of the Commonwealth of
Virginia (the "City") whose address is Municipal Center, Virginia Beach, Virginia 23456,
Grantee.
RECITALS
WHEREAS, pursuant to the authority granted by the Open-Space Land Act,
Chapter 17, Title 10.1 of the Code of Virginia of 1950, as amended (the "Act"), the City
adopted the Agricultural Lands Preservation Ordinance (the "Ordinance") as Appendtx J to
the Code of the City of Virginia Beach, Virginia, as amended (the "City Code"), to promote
and encourage the preservation of agricultural land in designated areas within the southern
portion of the City; and
WHEREAS, in furtherance of the purposes of the Act and the Ordinance, the City has
established the Agricultural Reserve Program of the City which provides for the acquisition
of development rights through the purchase of agricultural land preservation easements with
respect to property located in the portions of the City covered by the Ordinance; and
WHEREAS, the Grantor is the owner in fee simple of certain agricultural real
property located in the City and more particularly described in Exhibit A hereto (the
"Land"); and
WHEREAS, the Land is located in that portion of the City subject to the Ordinance
and meets the eligibility criteria of Section 7 of the Ordinance; and
WHEREAS, the Grantor has agreed to sell to the City the Grantor's Development
Rights (hereinafter defined) in the Land by executing and delivering this Deed of Easement
and thereby restrict the use of the Land as described herein; and
GPIN's
1388-50-5110, 1388-10-8774, 1388-52-0599, 1388-61-5997, 1388-71-7532
and 1388-11-5767
WHEREAS, the City has agreed to purchase the Grantor's Development Rights in the
Land to fulfill the policy and purposes of the City as set forth in the Act and the Ordinance;
and
WHEREAS, the transfer by the Grantor of the Development Rights in the Land shall
be in perpetmty; and
WHEREAS, in order to provide for the payment of the purchase price for the rights
in the Land created hereby, the Grantor and the City have entered into an Installment
Purchase Agreement of even date herewith (the "Installment Purchase Agreement");
GRANT
NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS
($10.00), the covenants and promises contained herein and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor,
for Grantor, Grantor's he~rs, personal representatives, devisees, successors and assigns, and
for any subsequent owner of the Land does hereby grant and convey, with general warranty
and English covenants of title, unto the City, and its successors and assigns, forever and in
perpetuity, an agricultural land preservation easement in, on, over and with respect to the
Land restricting the Land to Agricultural Use and in furtherance thereof, does hereby grant
and convey, with general warranty and English covenants of title, to the City, and its
successors and assigns, forever and in perpetuity, all of the Development Rights with respect
to the Land.
TERMS. COVENANTS, CONDITIONS AND AGREEMENTS
A. The Grantor for Grantor, Grantor's heirs, personal representatives, devisees,
successors and assigns covenants with the City, (1) to refrain from engaging in any act or
activity, or permitting to occur or suffering to exist any act or act~wty upon the Land which
would constitute the exercise of a Development Right or a use other than an Agricultural
Use, it being the intention of the parties that the Land shall be preserved for Agricultural Use
in accordance with the provisions of the Ordinance; and (2) that this Deed of Easement shall
create a perpetual easement, running with the Land and all portions thereof as an incorporeal
and nonpossessory interest therein, enforceable against the Grantor and upon any purchaser,
grantee, lessee, owner or other transferee of all or any portion of the Land and any other
person or entity having any right, title or interest there~n and upon their respective heirs,
personal representatives, devisees, successors and assigns; and (3) that the covenants,
conditions, limitations and restrictions contained herein are intended to limit the use of the
Land as herein set forth.
B. The parties, for themselves, their heirs, personal representatives, devisees,
successors and assigns, further covenant and agree as follows:
(1) As used in this Deed of Easement the term "Development Rights"
shall mean the right to develop the Land for any use, including without hmltatlon, any
commercial, industrial or residential use, other than for Agricultural Use.
(2) As used in this Deed of Easement the term "Agricultural Use" means
(i) the bona fide production of crops, animal or fowl, including, but not limited to, the
production of fruits, vegetables, honey, grains, meat, poultry and dairy products, the raising
of livestock and poultry, and the production and harvest of products from horttcultural,
silvicultural or aquacultural activity, 0i) the repair, expansion or replacement of no more than
one (1) bona fide dwelling occupied by the landowner or tenant as of the date of application
for entry in the Agricultural Reserve Program and no more than one freestanding mobile
home, as permitted by Section 19-19 of the City Code, and (iii) accessory uses directly
related to agricultural activities conducted on the same property, including the sale of
agricultural products as permitted by Section 401 of the City Zoning Ordinance. The term
does not include the processing of agricultural, silvicultural, hortmultural or aquacultural
products, except as an accessory use.
(3) This Deed of Easement does not grant the public any right of entry or
access or any rights of use of the Land.
(4) THIS EASEMENT SHALL EXIST IN PERPETUITY AND RUN
WITH THE ENTIRE ACREAGE OF THE LAND.
(5) The purpose of this Deed of Easement shall be to (i) promote and
encourage the preservation of farmland, and promote and enhance agriculture as an important
industry within the City, (ii) preserve the rural character of the southern part of the City,
(iii) conserve and protect environmentally sensitive lands, waters and other resources,
(iv) reduce and defer the need for major infrastructure improvements in the southern part of
the City and the expenditure of public funds for such improvements, (v) preserve open
spaces, and (vi) assist in shaping the character, direction and timing of community
development.
(6) In the event of a violation or attempted violation of any of the
provisions hereof, the City and its successors and assigns, may institute and prosecute any
proceeding at law or in equity to enforce the provisions hereof or to abate, prevent or enjoin
any such violation or attempted violation.
WITNESS, the hand and seal of the Grantor as of the date first above written.
GRANTOR:
George B. Pendleton, a/k/a
Pendleton, Jr.
,(SEAL)
George B.
Juanita F. Pendleton
(SEAL)
APPROVED AS TO FORM AND
ACCEPTED ON BEHALF OF THE CITY
OF VIRGINIA BEACH
CITY ATTORNEY
COMMONWEALTH OF VIRGINIA
AT LARGE, to-wit:
The foregoing instrument was acknowledged before me in the City of Virginia
Beach, Virginia, this ~ day of ., 19__, by George B. Pendleton,
a/k/a George B. Pendleton, Jr., and Juanita F. Pendleton, husband and wife, Grantor.
(SEAL)
My Commission Expires:
Notary Public
EXHIBIT A
PARCEL ONE
ALL THAT certain farm, tract or parcel of land, with the
buildings and improvements thereon, situate partly in the City
of Virginia Beach, Virginia, and partly ~n the Butts Road
Borough of the City of Chesapeake, Virginia, of which Amos
Ives &ed seized and possessed, known as the "Home Tract",
abutting on the County Road leading from Blackwater to
Indian Creek, and lands now or formerly belonging to George
A. Wilson; on the east by the land now or formerly belonging
to Corey; on the south by the lands of John Fisk; and on the
west by the land of F~sk and S. Creekmur; said tract being
marked No. "1" on a plat filed in the suit papers in a Partition
Suite of Ives v. Ives, at one time pen&ng in the Circuit Court
of the County of Norfolk (now the C~ty of Chesapeake),
Virginia; said tract estimated to contain 397 acres, more or
less;
Save and excepted from the above conveyance are the
following:
1. Excepting and reserving therefrom the private cemetery,
containing approximately 1/2 acre, located in the westem end
of said property, which is reserved to the owners thereof for
use as a cemetery only.
2. That parcel of land conveyed to George B. Pendleton, Jr.
and Juanita F. Pendleton, husband and wife, with rights of
survivorship, by deed from Feme R. Pendleton, Widow, et
als, dated August 8, 1962, and duly recorded in the Clerk's
Office of the Circuit Court of the City of Chesapeake,
Virginia, in Deed Book 1354, Page 102.
3. Tract No. 1 conveyed to Merle Joyce Harrell, et vir,
described in that certain Deed of Partition dated October 19,
1965, duly recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia, in Deed Book 937, at
page 286.
PARCEL TWO
ALL THAT certain tract or parcel of land, situate, lying and
being in the City of Virginia Beach (formerly Black Water
Magisterial District), State of Virginia, and more particularly
described as follows:
BEGINNING in the center of O. E. Frost's line ditch where
the same crosses the Black Water Road said beginning point
being identified by the Figure "1" as shown on that map
attached to that deed of record in Book 244, Page 598, in the
Office of the Clerk of the Circuit Court of Virginia Beach,
running thence along the said road North 82 degrees West
0.71 chains to the point of intersection of the old road; thence
along the old road as follows: North 41 degrees West 1.18
chains, North 10 degrees West 1.76 chains, North 5 degrees
30 minutes West 2.34 chains, North 55 degrees 45 minutes
West 1.35 chares, South 74 degrees West 4.32 chains, South
63 degrees 30 minutes West 3.26 chains, South 75 degrees
West 5.47 chains, South 73 degrees 30 minutes West 2.72
chains to the new road; thence along the same North 85
degrees 45 minutes West 1.61 chains to a ditch; thence along
said ditch North 0 degrees 30 minutes East 16.0(___?) chains,
North 8 degrees 45 m~nutes West 4.02 chains, North 13
degrees 30 minutes West 9.15 chains and North 29 degrees
West 3.83 chains along said ditch and a continuation of same
to a large marked pine, Emory Contes' comer; thence North
28 degrees 45 minutes West 8.42 chains to a sweet gum;
thence North 19 degrees 30 minutes East 0.84 chains to a
pine; thence North 26 degrees East 2.86 chains to a pine;
thence North 14 degrees East 1.34 chains to a pine; North 4
degrees West 3.07 chains to an oak, North 0 degrees 30
minutes West 1.37 chains to a hickory; North 3 degrees West
5.30 chains to a gum and North 2 degrees West 2.65 chains to
a concrete monument on a ditch; thence along said ditch
South 88 degrees 30 minutes East 35.32 chains to a marked
beech; thence South 4 degrees East 26.59 chains to a marked
comer; thence South 57 degrees 45 minutes West 1.05 chains
to a marked gum, F. E. Cox's comer; thence South 71 degrees
West 4.77 chains to an iron marker; thence South 26 degrees
15 minutes East 5.81 chains to an iron axle on a ditch; thence
along said ditch south 36 degrees West 6.50 chains and South
12 degrees West 17.00 chains to the beginning, containing
161 acres, more or less.
The foregoing tract of land was surveyed by Blake C. Lewis,
Registered Surveyor, May 1947, map of which is attached to
that deed of record from Myrtle M. Shirley and husband
Harry R. Shirley to North Carolina Pulp Company dated June
12, 1947, and duly of record in the Office of the Clerk of the
Circuit Court of the City of Virginia Beach in Book 244, Page
598, and said map is made a part of this deed is identified by
the following legend: "Map of North Carolina Pulp Company
Shirley Tract Black Water- Princess Anne Co. Va. Area: 161
Acres".
PARCEL THREE
ALL THAT certain tract or parcel of land, situate, lying and
being in the City of Virginia Beach, Virginia, and more
particularly described as follows:
BEGINNING at a pin, which said pin is located N. 03051' 00"
W. 1,039(.87) feet, N. 04027'03'' W. 836.29 feet, N.
89043'39'' W. 298.48 feet from a pin located on the northern
side of Indian Creek Road, said pin being located in the
d~viding line of the property acquired by G. B. Pendleton
from John L. Curry and the property of John J. Contos and
from said point of beginning running N. 04 °56'06" W. 222.30
feet to a point; thence N. 30o26'30'' E. 242.19 feet to a point;
thence N. 22028'43'' 128.97 feet to a point; thence N.
05027'26" E. 58.76 feet to a point; thence N. 83°41'15" W.
390.20 feet to a point; thence S.02°25'03" W. 66.65 feet to a
point; thence N. 86044'20'' W. 645.5(0?) feet to a point on the
Eastern side of Fluridy Road; thence running along the
Eastern side of Fluridy Road S. 07059' 50" W. 642.80 feet to
a point; thence running S. 51 °09'05" E. 40.74 feet to a point;
thence S. 26° 26' 19" E. 53.25 feet to a point; thence S. 88°
27' 45" E. 58.81 feet to a point; thence running S. 64o38'03''
E. 105.81 feet to a point; thence running N. 65o19'35'' E.
177.77 feet to a point; thence running N. 25o55'39'' E. 55.89
feet to a point; thence running N. 45°50'04"E. 36.85 feet to a
point; thence running S. 88o16'22" E. 543.98 feet to the point
of beginning, said parcel containing 14.40 acres.
PARCEL FOUR
ALL THAT certain tract or parcel of land, situate, lying and
being in the City of Virginia Beach, Virginia, and more
particularly described as follows:
BEGINNING at a Sweet Gum which said Sweet Gum is
located N. 00030" 1,056 feet, N. 8045'' W. 265.32 feet, N.
13o30'' W. 603.90 feet; thence N. 29° 00" W. 252.78 feet;
thence N. 28o45'' W. 555.72 feet from the Southern s~de of
Blackwater Road, said Sweet Gum being set forth on that
certain plat entitled "Map of North Carolina Pulp Company
Shirley Tract Blackwater Borough, Princess Anne Co. Va.,
made by Blake C. Lewis, Reg. Surv., dated May 1947, and
duly recorded in the Clerk's Office of the Circmt Court of the
City of V~rgima Beach, Virginia in Map Book 20, Page 38,
and from smd point of beginning and running thence N.
69058'' W. 441.99 feet to point; thence running S. 87° 58" W.
29.94 feet to a point; thence nmning N. 02034'32'' E. 1.027.36
feet to a point; thence running S. 87°05'21'' E. 471.15 feet to
a point; thence taming and running S. 03 °04'39" E. 174.9 feet
to a point; thence S. 04o04'39'' E. 348.86 feet to a point;
thence S. 01 °34'39" E. 90.42 feet to a point; thence S.
05o04'39'' E. 202.62 feet to a point; thence S. 12°55'21" W.
88.4 feet to a point; thence S. 24°55'31'' W. 188.76 feet to a
point; thence S. 18°25'21'' W. 84.88 feet to the point of
beginning, said parcel contaimng 12.09 acres.
PARCEL FIVE
ALL THAT certain triangular shaped piece of land, being in
the Blackwater Borough of the City of Virginia Beach,
Virginia, lying to the West of a ditch; said triangular shaped
piece of land being shown on that certain plat entitled "Map
of North Carolina Pulp Company, Shirley Tract, Blackwater-
Princess Anne Co., Va., Area: 161 Acres", dated May, 1947,
made by Blake C. Lewis, Registered Surveyor, and duly
recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia, in Map Book 20, Page 38, and
being more partmularly bounded and described as follows:
BEGINNING at an axle, said axle being located North 12°
East 1,122 feet, North 36° East 429 feet from the Northern
side of Blackwater Road, and from said axle, which is the
point ofbeginmng, running thence North 26 °15' West 383.46
feet to a point; thence tuming and running North 71 o East 255
feet, more or less to the center line of smd aforementioned
ditch; thence turning and running along the center line of said
ditch in a Southerly direction 400 feet, more or less, to the
pmnt of beginmng.
PARCEL SIX
ALL THAT certain tract, piece or parcel of land, with the
appurtenances thereunto belonging, lying, situate and being
in the Blackwater Borough of the City of Virginia Beach,
Virginia, designated as WOODLAND 25.064 Ac. and FARM
LAND 22.912 Ac. On that certmn plat entitled "Survey of
Property of John L. Curry D. B. 237, Pg.545, Blackwater
Borough, Virginia Beach, Va", dated October 19, 1977, made
by Gallup Surveying, Ltd. and duly recorded ~n the Clerk's
Office of the Circmt Court of the City of Virginia Beach,
Virginia in Map Book 123, Page 8. Reference is hereby made
to said plat for a more particular description.
LESS AND EXCEPT any portion of the above described
property situate in the City of Chesapeake, Virginia.
LESS AND EXCEPT all portions of the above-described
property, if any, which contain any of the following soil
types: (1) Back Bay Mucky Peat; (2) Dorovan Mucky Peat;
(3) Nawney Silt Loam; or (4) Pamllco Mucky Peat, Ponded.
IT BEING (as to PARCEL ONE) the same property conveyed
to George B. Pendleton, Jr., fi'om Merle Joyce Harrell, et vir,
by Deed of Partition dated October 19, 1965, duly recorded
in the aforesaid Clerk's Office in Deed Book 937, at page
286.
IT BEING (as to PARCEL TWO) the same property
conveyed to the Grantor herein from Weyerhaeuser Real
Estate Company, by Deed dated April 9, 1979, duly recorded
in the aforesaid Clerk's Office in Deed Book 1901, at page
43.
IT BEING (as to PARCEL THREE and PARCEL FOUR) the
same property conveyed to the Grantor herein from John J.
Contos, et ux, by Deed dated July 7, 1981, duly recorded in
the aforesaid Clerk's Office in Deed Book 2137, at page 82.
IT BEING (as to PARCEL FIVE) the same property
conveyed to the Grantor herein from Lester J. Furlough, et ux,
by Deed dated October 3, 1979, duly recorded in the aforesaid
Clerk's Office in Deed Book 1949, at page 527.
IT BEING (as to PARCEL SIX) the same property conveyed
to the Grantor herein from John L. Curry, et ux, by Deed
dated October 31, 1977, duly recorded in the aforesaid
Clerk's Office ~n Deed Book 1721, at page 526.
10
EXHIBIT B
DESCRIPTION OF LAND
[SEE ATTACHED]
16
EXHIBIT B
PARCEL ONE
ALL THAT certain farm, tract or parcel of land, with the buildings
and improvements thereon, situate partly in the City of Virginia
Beach, Virginia, and partly in the Butts Road Borough of the City of
Chesapeake, Virginia, of which Amos Ives died seized and possessed,
known as the "Home Tract", abutting on the County Road leading
from Blackwater to Indian Creek, and lands now or formerly
belonging to George A. Wilson; on the east by the land now or
formerly belonging to Corey; on the south by the lands of John Fisk;
and on the west by the land of Fisk and S. Creekmur; said tract being
marked No. "1" on a plat filed in the suit papers in a Partition Suite
of Ives v. Ives, at one time pending in the Circuit Court of the County
of Norfolk (now the City of Chesapeake), Virginia; said tract
estimated to contain 397 acres, more or less;
Save and excepted from the above conveyance are the following:
1. Excepting and reserving therefrom the private cemetery,
containing approximately 1/2 acre, located in the western end of said
property, which is reserved to the owners thereof for use as a
cemetery only.
2. That parcel of land conveyed to George B. Pendleton, Jr. and
Juanita F. Pendleton, husband and wife, with rights of survivorship,
by deed from Ferne R. Pendleton, Widow, et als, dated August 8,
1962, and duly recorded in the Clerk's Office of the Circuit Court of'
the City of Chesapeake, Virginia, in Deed Book 1354, Page 102.
3. Tract No. 1 conveyed to Merle Joyce Harrell, et vir, described in
that certain Deed of Partition dated October 19, 1965, duly recorded
in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, in Deed Book 937, at page 286.
PARCEL TWO
ALL THAT certain tract or parcel of land, situate, lying and being in
the City of Virginia Beach (formerly Black Water Magisterial
District), State of Virginia, and more particularly described as
follows:
BEGINNING in the center of O. E. Frost's line ditch where the same
crosses the Black Water Road said beginning point being identified
by the Figure "1" as shown on that map attached to that deed of
record in Book 244, Page 598, in the Office of the Clerk of the
Circuit Court of Virginia Beach, running thence along the said road
North 82 degrees West 0.71 chains to the point of intersection of the
old road; thence along the old road as follows: North 41 degrees
West 1.18 chains, North 10 degrees West 1.76 chains, North 5
degrees 30 minutes West 2.34 chains, North 55 degrees 45 m~nutes
West 1.35 chains, South 74 degrees West 4.32 chains, South 63
degrees 30 minutes West 3.26 chares, South 75 degrees West 5.47
chains, South 73 degrees 30 minutes West 2.72 chains to the new
road; thence along the same North 85 degrees 45 minutes West 1.61
chains to a ditch; thence along said ditch North 0 degrees 30 minutes
East 16.0(__?) chains, North 8 degrees 45 minutes West 4.02 chains,
North 13 degrees 30 minutes West 9.15 chains and North 29 degrees
West 3.83 chains along said ditch and a continuation of same to a
large marked pine, Emory Contes' comer; thence North 28 degrees
45 minutes West 8.42 chains to a sweet gum; thence North 19 degrees
30 minutes East 0.84 chains to a pine; thence North 26 degrees East
2.86 chains to a pine; thence North 14 degrees East 1.34 chains to a
pine; North 4 degrees West 3.07 chains to an oak, North 0 degrees 30
minutes West 1.37 chains to a hickory; North 3 degrees West 5.30
chains to a gum and North 2 degrees West 2.65 chains to a concrete
monument on a ditch; thence along said ditch South 88 degrees 30
minutes East 35.32 chains to a marked beech; thence South 4 degrees
East 26.59 chains to a marked comer; thence South 57 degrees 45
minutes West 1.05 chains to a marked gum, F. E. Cox's comer;
thence South 71 degrees West 4.77 chains to an iron marker; thence
South 26 degrees 15 minutes East 5.81 chains to an iron axle on a
ditch; thence along said ditch south 36 degrees West 6.50 chains and
South 12 degrees West 17.00 chains to the beginning, containing 161
acres, more or less.
The foregoing tract of land was surveyed by Blake C. Lewis,
Registered Surveyor, May 1947, map of which is attached to that
deed of record from Myrtle M. Shirley and husband Harry R. Shirley
to North Carolina Pulp Company dated June 12, 1947, and duly of
record in the Office of the Clerk of the Circuit Court of the City of
Virginia Beach in Book 244, Page 598, and said map is made a part
of this deed is identified by the following legend: "Map of North
Carolina Pulp Company Shirley Tract Black Water- Princess Anne
Co. Va. Area: 161 Acres".
PARCEL THREE
ALL THAT certain tract or parcel of land, situate, lying and being in
the City of Virgima Beach, Virginia, and more particularly described
as follows:
BEGINNING at a pin, which said pin is located N. 03051. 00" W.
1,039(.87) feet, N. 04027'03'' W. 836.29 feet, N. 89043'39'' W.
298.48 feet from a pin located on the northern side of Indian Creek
Road, said pin being located in the dividing line of the property
acquired by G. B. Pendleton from John L. Curry and the property of
John J. Contos and from said point of beginning running N.
04°56'06'' W. 222.30 feet to a point; thence N. 30026'30" E. 242.19
feet to a point; thence N. 22028'43'' 128.97 feet to a point; thence N.
05°27'26'' E. 58.76 feet to a point; thence N. 83°41'15'' W. 390.20
feet to a point; thence S.02°25'03'' W. 66.65 feet to a point; thence N.
86044'20.. W. 645.5(0?) feet to a point on the Eastem s~de of Flundy
Road; thence running along the Eastern side of Fluridy Road S.
07°59' 50" W. 642.80 feet to a point; thence running S. 51 °09'05" E.
40.74 feet to a point; thence S. 26° 26' 19" E. 53.25 feet to a point;
thence S. 88° 27' 45" E. 58.81 feet to a point; thence running S.
64038'03'' E. 105.81 feet to a point; thence running N. 65°19'35'' E.
177.77 feet to a point; thence running N. 25°55'39'' E. 55.89 feet to
a point; thence running N. 45 °50'04"E. 36.85 feet to a point; thence
running S. 88°16'22" E. 543.98 feet to the point of beginning, said
parcel containing 14.40 acres.
PARCEL FOUR
ALL THAT certain tract or parcel of land, situate, lying and being in
the City of Virginia Beach, Virginia, and more particularly described
as follows:
BEGINNING at a Sweet Gum which said Sweet Gum is located N.
00030'' 1,056 feet, N. 8045.' W. 265.32 feet, N. 13030.. W. 603.90
feet; thence N. 29° 00" W. 252.78 feet; thence N. 28045.. W. 555.72
feet from the Southern side of Blackwater Road, said Sweet Gum
being set forth on that certain plat entitled "Map of North Carolina
Pulp Company Shirley Tract Blackwater Borough, Princess Anne Co.
Va., made by Blake C. Lewis, Reg. Surv., dated May 1947, and duly
recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia in Map Book 20, Page 38, and from said
point of beginning and running thence N. 69058'' W. 441.99 feet to
point; thence running S. 87° 58" W. 29.94 feet to a point; thence
running N. 02°34'32" E. 1.027.36 feet to a point; thence running S.
87°05'21" E. 471.15 feet to a point; thence turning and running S.
03 °04'39" E. 174.9 feet to a point; thence S. 04 °04'39" E. 348.86 feet
to a point; thence S. 01 °34'39" E. 90.42 feet to a point; thence S.
05004'39" E. 202.62 feet to a point; thence S. 12°55'21'' W. 88.4 feet
to a point; thence S. 24°55'31.. W. 188.76 feet to a point; thence S.
18°25'21" W. 84.88 feet to the point of beginning, smd parcel
containing 12.09 acres.
PARCEL FIVE
ALL THAT certain triangular shaped piece of land, being in the
Blackwater Borough of the City of Virginia Beach, Virginia, lying to
the West of a d~tch; said triangular shaped piece of land being shown
on that certain plat entitled "Map of North Carolina Pulp Company,
Shirley Tract, Blackwater-Princess Anne Co., Va., Area: 161 Acres",
dated May, 1947, made by Blake C. Lewis, Registered Surveyor, and
duly recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 20, Page 38, and being more
particularly bounded and described as follows:
BEGINNING at an axle, said axle being located North 12° East 1,122
feet, North 36 ° East 429 feet from the Northern side of Blackwater
Road, and from said axle, which is the point of beginning, running
thence North 26 °15' West 383.46 feet to a point; thence turning and
running North 71 o East 255 feet, more or less to the center line of
said aforementioned ditch; thence turning and running along the
center line of said ditch in a Southerly direction 400 feet, more or
less, to the point of beginning.
PARCEL SIX
ALL THAT certain tract, piece or parcel of land, with the
appurtenances thereunto belonging, lying, situate and being in the
Blackwater Borough of the City of Virginia Beach, Virginia,
designated as WOODLAND 25.064 Ac. and FARM LAND 22.912
Ac. On that certain plat entitled "Survey of Property of John L. Curry
D. B. 237, Pg.545, Blaekwater Borough, Virginia Beach, Va", dated
October 19, 1977, made by Gallup Surveying, Ltd. and duly recorded
in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia in Map Book 123, Page 8. Reference is hereby made
to said plat for a more particular description.
LESS AND EXCEPT any portion of the above described property
situate in the City of Chesapeake, Virginia.
LESS AND EXCEPT all portions of the above-described property,
if any, which contain any of the following soil types: (1) Back Bay
Mucky Peat; (2) Dorovan Mucky Peat; (3) Nawney Silt Loam; or (4)
Pamlico Mucky Peat, Ponded.
IT BEING (as to PARCEL ONE) the same property conveyed to
George B. Pendleton, Jr., from Merle Joyce Harrell, et vir, by Deed
of Partition dated October 19, 1965, duly recorded in the aforesaid
Clerk's Office in Deed Book 937, at page 286.
IT BEING (as to PARCEL TWO) the same property conveyed to the
Grantor herein from Weyerhaeuser Real Estate Company, by Deed
dated April 9, 1979, duly recorded in the aforesaid Clerk's Office in
Deed Book 1901, at page 43.
IT BEING (as to PARCEL THREE and PARCEL FOUR) the same
property conveyed to the Grantor herein from John J. Contos, et ux,
by Deed dated July 7, 1981, duly recorded in the aforesaid Clerk's
Office in Deed Book 2137, at page 82.
IT BEING (as to PARCEL FIVE) the same property conveyed to the
Grantor herein from Lester J. Furlough, et ux, by Deed dated October
3, 1979, duly recorded in the aforesaid Clerk's Office in Deed Book
1949, at page 527.
IT BEING (as to PARCEL SIX) the same property conveyed to the
Grantor herein from John L. Curry, et ux, by Deed dated October 31,
1977, duly recorded in the aforesaid Clerk's Office in Deed Book
1721, at page 526.
ASSIGNMENT
EXHIBIT D
FOR VALUE RECEIVED,
and
([collectively,] the "Registered Owner") hereby sell[s], assign[s] and transfer[s] unto
., without recourse, all of the Registered Owner's
right, title and interest ~n and to the Installment Purchase Agreement to which this
Assignment is attached; and the Registered Owner hereby irrevocably directs the Registrar
(as defined in such Agreement) to transfer such Agreement on the books kept for registration
thereof. The Registered Owner hereby represents, warrants and certifies that there have been
no amendments to such Agreement [except
Date:
Signature guaranteed:
NOTICE: Signature must be
guaranteed by a member firm
of the New York Stock
Exchange or a commercial
bank or trust company.
NOTICE: The s~gnature on this
Assignment must correspond w~th
the name of the Registered Owner
as it appears on the registration
books for the Installment Purchase
Agreement referred to herein in every
particular, without alteration or enlargement
or any change whatever.
18
EXHIBIT E
TRANSFER OF AOREEMENT - SCHEDULE OF TRANSFEREES
The transfer of this Installment Purchase Agreement may be registered only by the
Registered Owner under such Agreement in person or by its duly authorized officer or
attorney upon presentation hereof to the Registrar, who shall make note thereof in the books
kept for such purpose and in the registration blank below.
Date of
Regmtration of
Transfer
Name and
Address of
Transferee
Registered Seller
Tax I.D. No. of
Transferee
Signature of Registrar
,
o
,
o
o
19
- 24 -
Item VII-J2
ORDINANCES/RES OL UTIONS
ITEM it 42891
Upon motton by Vice Mayor Sessoms, seconded by Counctlman Branch, Ctty Council ADOPTED:
Ordinance to estabhsh the Youth Opportunities Office wtthtn the
Department of Parks and Recreation; expand the role of the Youth
Servtces Coordtnattng Council re servtng tn an advtsory capactty
to the Youth Opportumttes Offices, create two full-ttme posttions
Youth Opportumttes Coordtnator and Admtnistrattve Secretary,
and, TRANSFER $58,555 to the Department's FY 1997-1998
Operattng Budget for staffing and operattons of the Office
Voting'
10-0 (By Consent)
Counctl Members Voting Aye
John A. Baum, Ltnwood 0 Branch, III,, Harold Hetschober,
Barbara M Henley, Louts R Jones, Reba S. McClanan, Mayor
Meyera E. Oberndorf Nancy K Parker, Vtce Mayor William D
Sessoms, Jr. and Loutsa M Strayhorn
Councd Members Vottng Nay
None
Councd Members Absent.
Wdham W Harrison, Jr
November 25, 1997
1
2
3
4
5
6
7
8
9
10
11
AN ORDINANCE TO ESTABLISH THE YOUTH
OPPORTUNITIES OFFICE WITHIN THE
DEPARTMENT OF PARKS AND RECREATION; TO
EXPAND THE ROLE OF THE YOUTH SERVICES
COORDINATING COUNCIL TO INCLUDE
SERVING IN AN ADVISORY CAPACITY TO THE
YOUTH OPPORTUNITIES OFFICES; AND TO
TRANSFER APPROPRIATIONS OF $58,555 TO
THE DEPARTMENT'S FY 1997-98 OPERATING
BUDGET FOR STAFFING AND OPERATIONS OF
THE OFFICE
12
WHEREAS, during the budget process for Fiscal Year 1997-
13 98, $99,500 was appropriated in the General Fund Reserve for
14 Contingencies - Youth and Families for the first Year's operations
15 of the Youth Opportunities Office which will serve as a City focal
16 point for youth issues to provide system-wide coordination and
17 leadership;
18
WHEREAS, the Youth Opportunities Office will be a
19 cooperative and collaborative partnership between the City,
20 Schools, and various City agencies serving young people that
21 maximizes public resources to identify and expand opportunities for
22 all youth that improve their quality of life, increase their
23 chances for achievement, promote their development into responsible
24 citizens, and reduce or prevent youth problems;
25
WHEREAS, at the City Manager's request, prior to
26 establishment of the Youth Opportunities Office, the Council-
27 appointed Youth Services Coordinating Council studied and
28 recommended the Youth Opportunities Office be placed within the
29 Department of Parks and Recreation;
30
WHEREAS, the Youth Services Coordinating Council has
31 further recommended that its role be expanded to include serving in
32 an advisory capacity to the Youth Opportunities Office; and
33
WHEREAS, the Department of Parks and Recreation has
34 determined that two full-time positions of Youth Opportunities
35 Office Coordinator and Administrative Secretary are needed to staff
36 the Youth Opportunities Office and that the Office should be
37 located at the Virginia Beach Community Recreation
38 Center/Kempsville due to its large youth attendance, central
39 location, and resource support.
40
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
41 OF VIRGINIA BEACH, VIRGINIA:
42
1. That the Youth Opportunities Office is hereby
43 created within the Department of Parks and Recreation to be located
44 at the Virginia Beach Community Recreation Center/Kempsville;
45
2. That the role of the Youth Services Coordinating
46 Council is hereby expanded to include serving in an advisory
47 capacity to the Youth Opportunities Office;
48
3. That two full-time positions of Youth Opportunities
49 Coordinator and Administrative Secretary are hereby created within
50 the Youth Opportunities Office; and
51
4. That appropriations of $58,555 are hereby
52 transferred from the General Fund Reserve for Contingencies - Youth
53 and Families to the FY 1997-98 Operating Budget of the Department
54 of Parks and Recreation to fund the staffing and operating costs of
55 the Youth Opportunities Office for the second half of FY 1997-98.
56
57
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 25 day of November , 1997.
Approved as to Legal
Sufficiency
Youth Services Coordinating Council
October 14, 1997
Mr. James K. Spore
City Manager
City of Virginia Beach
Municipal Center
Virginia Beach, VA 23456
Dear Mr. Spore:
As you previously requested, the City of Virginia Beach Youth Services Coordinating Council
(YSCC) has reconsidered its recommendation regarding the placement of a Youth Opportunities
Office and recommends for your consideration the placement of a Youth Opportunities Office
under the direct supervision of the City's Department of Parks and Recreation.
At a special meeting on October 2, 1997, the YSCC received presentations from City
departments being considered as potential locations for the Youth Opportunities Office.
Presentations were made by Mr. Daniel Stone, director of Social Services, Ms. Sara Hensley,
interim director of Parks and Recreation, and Mrs. Marcy Sims, director of public libraries.
Afterwards, the YSCC voted and selected Parks and Recreation has the most appropriate site for
the Youth Opportunities Office.
Enclosed is a copy of the proposal presented by Ms. Hensley on behalf of the Department of
Parks and Recreation. This department is willing to provide administrative, clerical and
computer support as well as use of facilities and equipment. We are confident that this will be
a great collaboration of services.
The YSCC also affirms its recommendation to be affiliated with the Youth Opportunities Office
and cease its duties and obligations to the Youth Services Coordinator position within the
Department of Social Services. This would require amendments to the City Ordinance
establishing a Youth Services Coordinating Council (dated December 19, 1994) and the YSCC
by-laws.
YSCC
October 14, 1997
Page 2
Therefore, we recommend that the Youth Services Coordinator's position receive authorization
for a job posting. Furthermore, the YSCC recommends the job posting of the Youth
Opportunities Coordinator's position. For the interview and selection process of this position,
the YSCC requests voting representation on the interview panel.
The YSCC will meet on October 16, 1997 to discuss the role and relationships of the Youth
Opportunities Office and the Youth Services Coordinating Council. This information and
recommendations will be forwarded to your attention.
Thank you once again for allowing the YSCC the opportunity to be involved in the development
of this important strategic issue.
Sincerely,
Dorothy N. Barber, Chair
Youth Services Coordinating Council
Enclosure
_ City of Virginia Reach
OFFICE OF THE CITY MANAGER
1757) 427 4242
FAX {7,57) 427 4135
TDD ~'757) 427 4305
October 27, 1997
Ms Dorothy N Barber, Chair
Youth Services Coordinating Council
edo Virginia Beach Public Schools
Community Affairs Office
Virginia Beach, VA 23456
Dear Ms. Barber:
Thank you for forwarding the recommendation of the Youth Services Coordinating Council
(YSCC) regarding the placement of the Youth Opportunities Office (YOO) in the Department of
Parks and Recreation. I am confident that Parks and Recreation will provide the leadership and
support necessary to nurture this vital partnership initiative with city schools
! have spoken with Acting Director Sara Hensley regarding the YSCC recommendation Ms
Hensley reports that the Parks and Recreation Department staff are enthusiastic about working
with the YSCC to make the Youth Opportunities Office a reality By copy of this letter and your
letter dated October 14, 1997, I am requesting the following actions, that:
( ! ) the Department of Parks and Recreation prepare the necessary paperwork for City
Council consideration to: (a) transfer the $94,50.0 in reserve funds earmarked for the
Youth Opportunities Office in FY 1997/98 to the Department of Parks and Recreation
(2)
(3)
opiating budget, and (b) c_hange the original City Ordinance establishing a Youth_ '
Services Coordinating Cofi~ncil (dated December 19~ 1994) to reflect the YSCC's desire to
~e al'hliated with the Youth Opportunities Office, -
Sara Hensley, or her designee, work with the designated YSCC representative to draf~ a
job description and proceed with filling the Youth Opportunities Coordinator position as
quickly as possible. It is understood that the YSCC will be represented in the interview
process;
the Department of Human Resources provide Parks and Recreation with assistance in
creating and posting the Youth Opportunities Coordinator position I am further
providing authorization for the Department of Social Se~'ices to fill its vacant Youth
Services Coordinator (Service Delivery Coordinator- class # 2304) position;
Ms. Dorothy N. Barber
October 20, 1997
Page 2
I sincerely appreciate the dedication and hard work of the Youth Services Coordinating Council.
I know it has taken many long meetings to arrive at this final recommendation. I look forward to
receiving the further recommendations mentioned in your letter regarding the role and
relationships of the Youth Services Coordinating Council and the Youth Opportunities Office.
It is gratifying to work in partnership with such a dedicated group of citizens and staff as we
move forward to make a difference in the lives of our youth and our community.
With Pride in our City,
~por~~e l~__
City Manager
ce: ~a Hensley, Department of Parks and Recreation
Dean Block, Department of Management Services
Catheryn Whitesell, Department of Management Services
Fagan Stackhouse, Department of Human Resources
Daniel Stone, Department of Social Services
Diane C. Roche, City Manager's Office
Susan Walston, VBQSS Coordinating Center
- 25 -
Item VII-J 3
ORDINANCES/RES OL UTIONS
ITEM # 42892
Upon motion by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED:
Ordinance to APPROPRIATE $472, 732from the General Fund
Balance to the Virginia Beach Sports Stadium Project No 9-003,
and, esttmated revenue from the proceeds of the future sale of
EXCESS real property be used to replenish the General Fund.
Vottng: 6-4 (By Consent)
Council Members Vottng Aye'
John A Baum, Ltnwood 0 Branch, III,, HaroM Hetschober, Louts
R Jones, Mayor Meyera E Oberndorfand Vice Mayor Wtlham D.
Sessoms, Jr
Counctl Members Vottng Nay.
Barbara M. Henley, Reba $. McClanan, Nancy K Parker and
Loutsa M Strayhorn
Counctl Members Absent
Wdham W Harrtson, Jr
* Verbal Nay
November 25, 1997
AN ORDINANCE TO APPROPRIATE $472,732
TO PROJECT # 9-003, VIRGINIA BEACH
SPORTS STADIUM, FROM THE GENERAL FUND
FUND BALANCE
WHEREAS, Project # 9-003, Virginia Beach Sports Stadium,
6 was established by City Council for the purpose of developing an
7 expandable sports stadium;
WHEREAS, based on bids received, the cost of the
9 facility, including sufficient contingencies, is expected to
10 increase by $472,732; and
11
WHEREAS, the cost increase will be funded through an
12 appropriation from the General Fund fund balance, which will be
13 replenished from the proceeds of the future sale of excess real
14 property.
15
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
16 OF VIRGINIA BEACH, VIRGINIA:
17
1. That $472,732 is hereby appropriated to Project # 9-
18 003, Virginia Beach Sports Stadium, from the General Fund fund
19 balance;
20
2. That it is the intent of City Council that the
21 General Fund fund balance be replenished in the amount of this
22 appropriation from the proceeds of the future sale of excess real
23 property.
24
25
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 25 day of November , 1997.
IApproved as to. tent
Approved as to Legal
Sufficiency
- 26-
Item VII-J 4.
ORDINANCES/RES OL UTIONS
ITEM # 42893
Upon motion by Vtce Mayor Sessoms, seconded by Councilman Branch, Cay Council ADOPTED:
Ordinance to APPROPRIATE $40, O00 from the Fund Balance tn
the Forfeited Asset Shartng Spectal Revenue fund balance to the
Police Department's FY 1997-1998 Operattng Budget re purchase
of computer software for the Property and Evidence Unit
Vottng 10-0 (By ConsenO
Councd Members Voting Aye
John A Baum, Ltnwood O. Branch, III,, Harold Hetschober,
Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker, Vtce Mayor William D
Sessoms, Jr and Loutsa M Strayhorn
Council Members Voting Nay'
None
Council Members Absent'
Wilham W Harrtson, Jr
November 25, 1997
AN ORDINANCE TO APPROPRIATE $40,000 OF FUND
BALANCE IN THE FORFEITED ASSET SHARING
SPECIAL REVENUE FUND TO THE FY 1997-98
OPERATING BUDGET OF THE POLICE DEPARTMENT
6
7
8
9
10
WHEREAS, the Police Department's Property and Evidence
Unit's manual accounting system for tracking all property and
evidence items has been deemed by the City's Internal Audit
Division to be inadequate and extremely inefficient because of
the volume of property and high risk nature of evidence
maintained;
11
12
13
14
15
16
WHEREAS, computer software to manage the Property and
Evidence Unit's functions is expected to cost $57,000, $17,000 of
which is currently available in the Police Department's
FY 1997-98 operating budget and $40,000 of which is available to
be appropriated from the fund balance of the Forfeited Asset
Sharing Special Revenue Fund; and
17
18
WHEREAS, drug forfeiture funds may be used to enhance
the enforcement capability of the Police Department;
19
20
21
22
23
24
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That $40,000 be appropriated from fund balance in the
Forfeited Asset Sharing Special Revenue Fund to the FY [997-98
Operating Budget of the Police Department for the purchase of
computer software for the Property and Evidence Unit.
25
26
27
28
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 25 of November , 1997.
-Approved a~ontent
Approved as to Le~a~
Sufficiency
Prepared by the Department of Management Services
/users / lhedberg/budget/ordinanc/pol ice
-27-
Item VII-J 5 a
ORDINANCES/RES OL UTIONS
ITEM tt 42894
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Councd ADOPTED:
Ordinance to authorize temporary encroachment
Into a portion of the Ctty's right-of-way of Ptne Street at
tts tntersectton with Third Street by the Runnymede
Corporation re constructing and matntatntng a
stormwater retention pond (L YNNHA VEN B OR O UGH)
The following con&tions shall be required
It ts expressly understood and agreed that such temporary encroachment wtll be
constructed and matntained tn accordance with the laws of the Commonwealth
of Vtrgtnta and the City of Virginta Beach, and in accordance wtth the Ctty of
Vtrginia Beach Public Works Department's specifications and approval as to size,
ahgnment and location
It ts expressly understood and agreed that the temporary encroachment
authorized shall terminate upon nottce by the Ctty of Vtrgtnta Beach to the
apphcant and that wtthtn thirty (30) days after such notice is given, such
temporary encroachment shall be removed from the portion of the City's right-of-
way of Ptne Street at tts tntersectton wtth Third Street by the applicant and that
the applicant shall bear all costs and expenses of such removal
It is expressly understood and agreed that the apphcant shall indemnify and hoM
harmless the Ctty of Vtrgmia Beach, its agents and employees, from and agatnst
all clatms, damages, losses and expenses tncluding reasonable attorney's fees tn
case tt shall be necessary to file or defend an actton artstng out of the locatton or
existence of such temporary encroachment
It is understood and agreed that nothtng herein contatned shall be construed to
enlarge such permission and authortty to permtt the maintenance or constructton
of any encroachment other than that specified herein and to the limited extent
spectfied heretn, nor to permtt the matntenance and constructton of any
encroachment by anyone other than the apphcant.
5. The applicant agrees to matntatn the temporary encroachment so as not to
become unsightly or a hazard
6. The apphcant must obtatn a permit from the Development Services Center prtor
to commencing any constructton wtthtn the City's property
The apphcant shall obtatn and keep tn force All Risk Property Insurance and
General Liabthty or such insurance as ts deemed necessary by the City, and all
insurance pohctes must name the Ctty as addtttonal named tnsured or loss payee,
as apphcable The apphcant agrees to carry Comprehenstve General Ltabihty
Insurance in an amount not less than $500,000 00, combined stngle limits of such
tnsurance pohcy or pohctes The apphcant wtll provtde endorsements provtchng
at least thirty (30) days written nottce to the City prior to the cancellatton or
termtnatton of or matertal change to, any of the tnsurance policies. The
applicant assumes all responstbthttes and habilities, vested or conttngent, wtth
relation to the temporary encroachment
November 25, 1997
- 28 -
Item VII-J 5. a
ORDINANCES/RESOLUTIONS ITEM # 42894 (Continued)
The applicant shall submtt for review and approval, a survey of the area being
encroached upon, certified by a registered professtonal engineer or a licensed
land surveyor, and/or "as butlt"plans of the temporary encroachment sealed by
a registeredprofesstonal engineer, tfrequtred by either the Ctty Engtneer's Office
or the Engtneertng Dtvtston of the Pubhc Utthttes Department.
The City, upon revocation of such authortty and permtsston so granted, may
remove any such temporary encroachment and charge the cost thereof to the
applicant and collect the cost tn any manner provided by law for the collection of
local or state taxes, may requtre the apphcant to remove such temporary
encroachment, and penchng such removal, the Ctty may charge the apphcant
compensation for the use of such portton of the City's property encroached upon
the equtvalent of what would be the real property tax upon the land so occupted
tf tt were owned by the apphcant, and tf such removal shall not be made withtn
the time ordered tn this Agreement, the Ctty shall tmpose a penalty tn the sum of
One Hundred Dollars ($100 00) per day for each and every day that such
temporary encroachment ts allowed to continue thereafter, and shall collect such
compensation and penalties in any manner provided by law for the collection of
local or state taxes
Voting'
10-0 (By Consent)
Councd Members Voting Aye.
John A. Baum, Linwood O. Branch, III,, Harold Hetschober,
Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor
Meyera E. Oberndorf, Nancy K Parker, Vice Mayor Wdham D.
Sessoms, Jr and Lomsa M Strayhorn
Council Members Voting Nay:
None
Counctl Members Absent
Wdham W Harrtson, Jr
November 25, 1997
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
Requested by Department of Public Works
A/N ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENTS INTO
A PORTION OF THE
RIGHT-OF-WAY OF PINE STREET
BY RUNNYMEDE CORPORATION,
ITS ASSIGNS AND SUCCESSORS
IN TITLE
WHEREAS, Runnymede Corporation desmres to construct and
maintain a Stormwater Retention Pond mnto the Cmty's right-of-way
of Pmne Street, located at mts mntersectmon with Thmrd Street.
WHEREAS, Cmty Councml Ks authormzed pursuant to ~§ 15.1-
316 and 15.1-893, Code of Vmrginma, 1950, as amended, to authorize
a temporary encroachment upon the City's right-of-way sub3ect to
such terms and conditions as Council may prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authormty and to the extent thereof
contained in ~ 15.1-316 and 15.1-893, Code of Virgmnia, 1950, as
amended, Runnymede Corporation, its assigns and successors in tmtle
is authorized to construct and maintain a temporary encroachment
for a Stormwater Retention Pond in the City's rmght-of-way as shown
on the map entitled: "EXHIBIT SHOWING PRIVATE IMPOUNDMENT EASEMENT
ENCROACHING INTO PINE STREET (33' R/W) LYNNHAVEN BOROUGH - VIRGINIA
BEACH, VIRGINIA SEPTEMBER 25, 1997 MILLER - STEPHENSON &
ASSOCIATES, P.C.," a copy of which is on fmle mn the Department of
Public Works and to which reference is made for a more partmcular
descrmption; and
BE IT FURTHER ORDAINED, that the temporary encroachments
are expressly subject to those terms, condmtions and criteria
contamned mn the Agreement between the City of Virgmnla Beach and
Runnymede Corporation, (the "Agreement") whmch is attached hereto
and mncorporated by reference; and
34
35
36
BE IT FURTHER ORDAINED that the City Manager or his
authorized designee is hereby authorized to execute the Agreement.
BE IT FURTHER ORDAINED, that this Ordinance shall not be
37 in effect until such time as THE AUTHORIZED OFFICER FOR THE
38 RUNNYMEDE CORPORATION and the City Manager or h~s authorized
39
40
41
designee execute the Agreement.
Adopted by the Council of the City of V~rginia Beach,
Virginia, on the 25 day of November , 1997.
ROVED AS TO, CONTENTS
DEPARTMENT
APPROVED AS TO LEGAL
'-~ CITY ATTOrnEY
PREPARED BY VIRGINIA BEACH
CFI Y AITORNEY'S ObFICE
EXEMPTED FROM RECORDA~I ION TAXES
UNDER SECTIONS 58 1-81 l(a)(3)
AND 58 1-811(c)(4) REIMBURSEMENT
ALrl HORIZED UNDER SEC 1 ION 25-249
THIS AGREEMENT, made this __~ r~day of _t~?~ , 1997, by
and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party
of the first part, and THE RUNNYMEDE CORPORATION, ITS ASSIGNS AND
SUCCESSORS IN TITLE, Grantee, party of the second part
WITNE$SETH
That, WHEREAS, the party of the second part is the owner of that certain lot, tract,
or parcel of land designated and described as "Lot #10, Block #10, on Plat of Jacksondale,
recorded in M B 2, Page 51, ~n the Clerk's Office of the Circuit Court of the City of Virginia
Beach", and
That, WHEREAS, it is proposed by the party of the second part to construct and
maintain a Private Impoundment Pond in the City of Virginia Beach, and
WHEREAS, in constructing and maintaining such Private Impoundment Pond, it is
necessary that the said party of the second part encroach into a portion of an existing City right-of-
way known as Pine Street, and said party of the second part has requested that the party of the
first part grant a temporary encroachment to facilitate such Private Impoundment Pond
within a portion of the City's right-of-way known as Pine Street.
GPIN 1487-53-1164
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the party 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 party of the
second part a temporary encroachment to use a portion of the City's right-of-way known
as Pine Street for the purpose of constructing and maintaining such Private Impoundment
Pond.
It is expressly understood and agreed that such temporary encroachment will
be constructed and maintained in accordance with the laws of the Commonwealth of
V~rgima 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-way known as
P~ne Street as shown on that certain plat
entitled. "EXHIBIT SHOWING PRIVATE
IMPOUNDMENT ENCROACHMENT
LYNNHAVEN BOROUGH- VIRGINIA
BEACH, VIRGINIA SEPTEMBER 25,
1997 MILLER - STEPHENSON &
ASSOCIATES, P.C. ENVIRONMENTAL
SCIENCES, PLANNING, SURVEYING &
ENGINEERING," 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 party
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-way known as Pine
Street by the party of the second part; and that the party of the second part shall bear all
costs and expenses of such removal.
It is further expressly understood and agreed that the party 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 party of the second part.
It is timber expressly understood and agreed that the party of the second part
agrees to maintain said temporary encroachment so as not to become unsightly or a
It is further expressly understood and agreed that the party of the second part
must obtain a permit from the Development Services Center prior to commencing any
construction within the City's right-of-way
It is further expressly understood and agreed that the party 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 party of the second part also agrees to carry Comprehensive
General Liability Insurance in an amount not less than $500,000.00, combined single
hmits of such insurance pohcy or policies The party 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 party of the second part assumes all responsibilities and liabilities, vested
or contingent, with relation to the temporary encroachment.
It is further expressly understood and agreed that the party of the second part
shall 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 registered professional engineer,
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 party 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 party of the second part to remove such temporary encroachment; and
pending such removal, the party of the first part may charge the party of the second part
compensation for the use of such portion of the City's right-of-way encroached upon the
equivalent of what would be the real property tax upon the land so occupied if it were
owned by the party 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, the said THE RUNNYMEDE CORPORATION
has caused this Agreement to be executed in its corporate name and on its behalf by its
president, and its corporate seal to be hereto affixed and duly attested by its corporate
secretary with due authority by its board of directors. 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 C~ty Manager
City Clerk
THE RUNNYMEDE CORPORATION
M i~
Vice-Present & CEO
(SEAL)
ATTEST'
Secretary
APPJ~OVED AS TO COl'.,ITEr,ii
D~:PARTMENT
APPF~OVED AS TO
LEGP ~
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit'
The foregomg instrument was acknowledged before me this
day of
., 1997, by
, CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing insmanent was acknowledged before me this
day of
., 1997, by RUTH HODGES SMITH, City Clerk for the CITY OF
VIRGINIA BEACH.
Notary Pubhc
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this o~ ~ day of
1997, by Michael J. Barrett, Vice President and CEO, on behalf of The
Runnymede Corporation.
Notary Public
f ",'~ origin~IIv commissioned as
~lonica H. }~,'~hington, NoL~iy Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-w~t:
The foregoing instrument was acknowledged before me this ~ day of
.~ , 1997, by p'/,,~, 5 /--/-r/~',,q~ , ,~eere.-/~ r-~f (Title) on
behalf of The Runnymede Corporation.
My Commission Expires:
I
SITE
SCALE 1"1600'
lOCATION ~tAP
THIRD ST. I
I
PRIVATE IMPOUNDMENT
SITE
BLIC MAINTENANCE EASEMENT DEDICATED
...................... ! ...................... -I
ILOCATION MAP EN
REQUEST OF RUNNYMEDE CORPORATION
FOR IMPOUNDMENT POND
INTO CITY
RIGHT OF WAY OF PINE STREET
I
I
' SCALE: 1" 100'
I ~
~
FOURTH ST. "
DWN BY:
'(vo),
AA ,,~'O./.L~:O N
-r-
EXHIBIT SHOWING
PRIVATE IMPOUNDMENT ENCROACHMENT
LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA
SEPTEMBER 25, 1997
MILLER- STEPHENSON & ASSOCIATES. P.C.
ENVIRONMENTAL SCIENCES. PLANNING,
SUEt/EYING & ENGINEERING
5033 ROUSE DR~ VIRGImA BEACH, VIRGIN~
(757)400-0264 F~: (757)490-0634
- 29 -
Item VII-J 5 b
ORDINANCES/RES OL UTIONS
ITEM # 42895
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Cay Councd ADOPTED:
Ordinance to authorize temporary encroachment
Into a portion of the City's dratnage easement at 2116
Admtral Drive West by James IF. E. Sadler re
constructtng and matntatmng a boat lift (L YNNHA VEN
BOROUGH)
The followtng conditions shall be requtred
It is expressly understood and agreed that such temporary encroachment will be
constructed and maintatned tn accordance with the laws of the Commonwealth
of Vtrgtnta and the City of Vtrginia Beach, and tn accordance wtth the Ctty of
Vtrgtnia Beach Public Works Department's spectficattons and approval as to stze,
ahgnment and location
It ts expressly understood and agreed that the temporary encroachment
authorized shall terminate upon nottce by the City of Vtrginta Beach to the
applicant and that wtthtn thtrty (30) days after such notice is given, such
temporary encroachment shall be removed from the portton of the CiO, 's dratnage
easement at 2116 Admiral Drtve West by the apphcant and that the apphcant
shall bear all costs and expenses of such removal.
.
It ts expressly understood and agreed that the apphcant shall tndemnify and hoM
harmless the City of Vtrgtnta Beach, tts agents and employees, from and agatnst
all claims, damages, losses and expenses tncluchng reasonable attorney's fees tn
case tt shall be necessary to ftle or defend an actton artstng out of the location or
existence of such temporary encroachment.
It ts understood and agreed that nothing herein contained shall be construed to
enlarge such permtsston and authortty to permit the matntenance or constructton
of any encroachment other than that specified heretn and to the limtted extent
specified herein, nor to permit the maintenance and constructton of any
encroachment by anyone other than the apphcant
5 The applicant agrees to maintain the temporary encroachment so as not to
become unstghtly or a hazard
6 The apphcant must obtain a permit from the Development Servtces Centerprior
to commenctng any construction within the Ctty's drainage easement
The City, 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 provtded by law for the collectton of
local or state taxes, may requtre the applicant to remove such temporary
encroachment, and pending such removal, the City may charge the apphcant
compensatton for the use of such portton of the Ctty's property encroached upon
the equivalent of what would be the real property tax upon the land so occupted
tf tt were owned by the apphcant; and if such removal shall not be made within
the ttme ordered tn this Agreement, the Ctty shall impose a penalty tn the sum of
One Hundred Dollars ($100.00) per day for each and every day that such
temporary encroachment ts allowed to conttnue thereafter, and shall collect such
compensatton and penalttes tn any manner provtded by law for the collectton of
local or state taxes
November 25, 1997
- 30-
Item VII-J 5 b
ORDINANCES/RESOLUTIONS ITEM # 42895 (Continued)
Vottng'
10-0 (By Consent)
Council Members Voting Aye.
John A Baum, Linwood O. Branch, III,, Harold Heischober,
Barbara M Henley, Louts R Jones, Reba $ McClanan, Mayor
Meyera E Oberndo~ Nancy K Parker, Vtce Mayor Wdham D
Sessoms, Jr. and Loutsa M Strayhorn
Counctl Members Vottng Nay:
None
Counctl Members Absent
Wtlliam W. Harrison, Jr
November 25, 1997
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
29
30
31
32
33
34
Requested by Department of Public Works
A_N ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENTS INTO
A PORTION OF THE DRAINAGE
EASEMENT AT 2116 A/DMIP~AL
DRIVE W. BY JAMES W. E.
SADLER, HIS HEIRS, ASSIGNS
AND SUCCESSORS IN TITLE
WHEREAS, JAMES W. E. SADLER, desires to construct and
maintain a boat lift into the City's drainage easement located at
2116 Admiral Drive W.
WHEREAS, City Council is authorized pursuant to ~ 15.1-
316 and 15.1-893, Code of Virginia, 1950, as amended, to authorize
a temporary encroachments upon the City's drainage easement subject
to such terms and conditions as Council may prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in ~ 15.1-316 and 15.1-893, Code of V~rg~nia, 1950, as
amended James W. E. Sadler his heirs, assigns and successors in
title is authorized to construct and maintain a temporary
encroachment for a boat lift in the City's drainage easement as
shown on the map entitled: "PROPOSED BOAT LIFT, IN: MAN-MADE CANAL,
AT: 2116 ADMIRAL DRIVE WEST, VIRGINIA BEACH, VA 23451, APPLICATION
BY JAMES SADLER, SHEET 1 OF 1, DATE: AUGUST 8, 1997," a copy of
which ~s on file in the Department of Public Works and to which
reference is made for a more particular description; and
BE IT FURTHER ORDAINED, that the temporary encroachments
are expressly subject to those terms, conditions and criteria
contained in the Agreement between the City of V~rginla Beach and
James W. E. Sadler, (the "Agreement") which ~s attached hereto and
· ncorporated by reference; and
BE IT FURTHER ORDAINED that the C~ty Manager or his
authorized designee is hereby authorized to execute the Agreement.
35
36
37
38
39
BE IT FURTHER ORDAINED, that this Ordinance shall not be
in effect until such time as James W. E. Sadler and the City
Manager or his authorized designee execute the Agreement.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 25 day of November , 1997.
40
41
42
43
ca-# ~ m ~-
ORDIN\NONCODE\CA#. ORD
R-1
PREPARED: LDHAYES
,A~PROVED A~ TO CONTENTS
DEP~~
APPROVED AS TO LEGAL
TY -ATT'O-RNE~ /
LOCATION MAP SCALE: 1" ~ 1,600'
LO N
JAMES W. E. SADLER
ENCROACHMENT AT
MAP FOR ''
116 ADMIRAL DRIVE
PIN IN BULKHEAD
AT 137.20'
105
S
M~N- MADE CANAL,,
PROPOSED
BOAT LIFT ~-
WOOD BULKHEAD
21'
MLW -0.6 AND MHW
+ 0.8 ARE AT THE
WOOD BULKHEAD
DELIVER AND INSTALL LIFT
VIA BARGE.
I , ,
~ -S'Pr'.-BRK.
# 2~ ~
,
R-755.0' L-86.0'
ADMIRAL DRIVE WEST
.~- FLOOD~ EBB "~
NAIL IN BULKHEAD
AT 144,g8'
LAT: N 36'54.5'
LON: W 76'03.5'
PURPOSE: BOATING ACCESS
DATUM: NVGD MSL 0.00'
ADdACENT PROPERTY OWNERS
1. ROBERT dOHNSON
2. DERWOOD LAMB
3. RICHARD DISHAROON
4. RUTH LITCHFIELD
5. GORDON ZIPPERER
__ _ _
EXHIBIT "A"
WATERFRONT
CONSULTING, INC
4698 HANOVER COURT
VIRGINIA B~CH, VA 23464
PHN: (757) 495-8566
FAX: ('757) 495-8566
PLAN VIEW
SCALE 1" = 30'
I
PROPOSED BOAT LIFT
IN: MAN-MADE CANAL
AT: 2116 ADMIRAL DRIVE WEST
VIRGINIA BEACH, VA 23451
APPLICATION BY':
JAMES SADLER
SHEET I OF !
DATE: AUGUST 8, 1997
PREPARED BY VIRGINIA BEACH
CITY ATFORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58 1-81 l(a)(3)
AND 58 1-811(c)(4) REIMBURSEMElqT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this~q ~ day of ,~e]oTte.~-~~v' , 19 o/--p, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party
of the first part, and JAMES W E SADLER, SINGLE, HIS HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE, Grantee, party of the second part
WITNESSETH
That, WHEREAS, the party of the second part is the owner of that certain lot, tract,
or parcel of land designated and described as "Section 2, Lot 116, Cape Henry Shores" and being
further designated and described as "2116 W Admiral Drive, Virginia Beach, Virginia 23451 ·
GPIN 1499-69-8767" and
That, WHEREAS, it is proposed by the party of the second part to construct and
maintain a boat lift in the City of Virginia Beach, and
WHEREAS, in constructing and maintaining such boat lift, it is necessary that the
said party of the second part encroach into a portion of an existing City drainage easemem, and
said party of the second part has requested that the party of the first part grant a temporary
encroachment to facilitate such boat lift within a portion of the City's drainage easement
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the party of the second part and for the further
GPIN 1499-69-8767
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 party of the
second part a temporary encroachment to use a portion of the City's drainage easement
for the purpose of constructing and maintaining such boat lift..
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 drainage easement as
shown on that certain plat entitled:
"PROPOSED BOAT LIFT IN: MANE-
MADE CANAL AT: 2116 ADMIRAL
DRIVE WEST, VIRGINIA BEACH, VA
23451, APPLICATION BY: JAMES
SADLER, SHEET 1 OF 1, DATE:
AUGUST §, 1997," a copy of which is
attached hereto as Exhibit "A" and to
which reference is made for a more
particular description.
It is fiu'&er expressly understood and agreed that the temporary encroachment
herein authorized shall terminate upon notice by the City of Virginia Beach to the party
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 drainage easement by the party
of the second part; and that the party of the second part shah bear all costs and expenses
of such removal.
It is fi~er expressly understood and agreed that the party 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 party of the second part.
It is ft~er expressly understood and agreed that the party of the second part
agrees to maintain said temporary encroachment so as not to become unsightly or a
It is finlher expressly understood and agreed that the party of the second part
must obtain a permit from the Development Services Center prior to commencing any
construction within the City's drainage easement.
It is further expressly understood and agreed that thc 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 party 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 party of the second part to remove such temporary encroachment; and
pending such removal, the party of the first part may charge the party of the second part
compensation for the use of such portion of the City's drainage easement encroached upon
the equivalent of what would be the real property tax upon the land so occupied if it were
owned by the party 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, JAMES W. E. SADLER, the said party of the
second part has caused this Agreement to be executed by his signature and seal duly
affixed. Further, that the City of Virginia Beach has caused this Agreement to be
executed in its name and on its behalf by its City Manager and its seal be hereunto affixed
and attested by its City Clerk.
(SEAL)
ATTEST:
APPROVED AS TO
LEGAL SUFFICIENCY
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
City Clerk
· $1ONA !-
DEPARTMENT
es W~~E ~
Jam . . Sadler
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.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing insmunent was acknowledged before me this day of
., 19 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
Notary Public
My Commission Expires:
STATE OF
CITY/COUNTY OF q'~. I~.~,.c~ , to-wit:
The foregoing instrument was acknowledged before me this ~ day of
~ep-~ , 19 '~'t, by James W. E. Sadler.
My Commission Expires:
Public
30 ~qq ~
6
105
U~-'- MA~E CANAL
PROPOSED ~
BOAT LI~
.KH~D
PIN IN BULKHEAD
AT 137.20'
Z
21'
MLW -0.6 AND MHW
+ 0.8 ARE AT THE
WOOD BULKHEAD
DELIVER AND INSTALL LIFT
VIA BARGE.
1 -STY.-BRK.
// 2~ ~6
'. q
~-- FLOOD~ EBB '~'
NAIL IN I~ULKHEAD
AT 144.g8'
ADMIRAL DRIVE WEST
(.AT: N $6'54.5'
LON: W 76'05.5'
EXHIBIT "A"
PLAN VIEW
SCALE 1" = 30'
PURPOSE: BOATING ACCESS
DATUM: NVGD MSL O.00'
ADJACENT PROPERTY OWNERS
1. ROBERT JOHNSON
2. DERWOOD LAMB
3. RICHARD DISHAROON
4. RUTH LITCHFIELD
5. GORDON ZIPPERER
WATERFRONT ~
liN: MAN-MADE CANAL ,
CONSULTING,
INC I AT: 2! 16 ADMIRAL DRIVE WEST
I VIRGINIA BEACH, VA 23451
4698 HANOVER COURT I APPLICATION BY: :
VIRGINIA B~CH, VA 23464 I JAMES SADLER
PHN'. 757 495-8566 SHEE. T ~ OF 1
- 31 -
Item VII-J 6.
ORDINANCES/RESOL UTIONS
ITEM # 42896
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED:
Ordinances to authortze
Excess Tax Refund $ 65. 79
License Refunds 24, 666. 62
Tax Refunds 2,843.44
Vottng'
10-0 (By ConsenO
Councd Members Voting Aye
John A Baum, Ltnwood 0 Branch, III,, Harold Hetschober,
Barbara M. Henley, Louts R Jones, Reba S McClanan, Mayor
Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wtlham D
Sessoms, Jr and Loutsa M Strayhorn
Counctl Members Voting Nay'
None
Council Members Absent
Wtlham W Harrtson, Jr
November 25, 1997
AN ORDINANCE AUTHORIZING LICENSE AND SPECIAL
TAX 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 and special tax refunds, upon
certification of the Commissioner of the Revenue are hereby approved
NAME MONTH DATE BASE
PAID
PENALTY INTEREST
TOTAL
VIrginia Wesleyan College
1584 Wesleyan Drive
Norfolk, VA 23502
AUGUST 1997
09/21/97 $6579
0 O0 0 O0
65 79
OVERPAYMENT OF CITY FOOD TAXES
TOTALREFUND DUE
$65 79
Th~s ordinance shall be effective from date of
adoption.
The above abatement(s) totahng
of the C~ty of Virginia Beach on the
$65.79
25
Certified as to Payment
'"-"R'"~bert P v~ugh.a~~-
Commissioner of-the Revenue
Approved as to form'
City Attorney ~
were approved by the Council
day of November
,1997
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 applicabons for hcense refunds, upon certification
of the Comm~smoner of the Revenue are hereby approved
NAME LICENSE DATE BASE
YEAR PAID
PENALTY INTEREST
TOTAL
Chonzo Brothers Inc
206 22nd Street
Va Beach VA 23451
Cochran, James D
621 Deep Creek Road
Newport News VA 23606
Dryl~e, H D & HHI, Scott P
3912 W~ndsor Woods Blvd
Va Beach VA 23452
El Tropicana Inc
4076 Thomas Jefferson Drive
Va Beach VA 23452
1994-96 Audit
29 81
1995 Audit 10 00
1995-97 Audit
Th~s ordinance shall be effective from date of
adopbon.
The above abatement(s) totahng $143.49
of the C~ty of V~rg~n~a Beach on the 25
61 O3
29 81
10 00
1994 Audit 42 65
61 03
42 65
Cert~hed as to Payment
J~rt P ~/au(::j~'an
Commissioner of thERevenue
Approved as to form
L~wg L Lilley /
C~ty Attorney
were approved by the Council
day of November
,1 9 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 applicabons for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE
YEAR PAID
PENALTY INTEREST
TOTAL
Grac~a & V~g~l Inc
310 22nd Street #A
Va Beach VA 23451
H~cks, Barrett Emanuel
1519 Brenland C~rcle
Va Beach VA 23464
HQ Home Quarters Warehouse
P O Box 8730
Va Beach VA 23450
Lynnhaven Dry Storage Manna
2859 Va Beach Blvd
Va Beach VA 23452
1996-97 Audit 111 54
1995 Audit 10 00
1994-97 Audit 13,586 15
1996 Audit 7,559 06
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totaling $21,266 75
2.5
of the C~ty of V~rg~n~a Beach on the
111 54
10 00
13,586 15
7,559 06
Cerbhed as to Payment
~rt P Vaughan ~
Commissioner of the Revenue
Approved as to form
L Lilley'?~'~
C~ty Attorney
were approved by the Council
day of November
,19 97
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 apphcations for hcense refunds, upon cert~ficabon
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE
YEAR PAID
PENALTY INTEREST
TOTAL
Morns, John
P O Box 9014
Chesapeake VA 23321
1995-96 Audit
Ogden Check Approval Network Inc
348 Southport C~rcle 1995-97
Va Beach VA 23452
Ogden V~rg~n~a M~crograph~cs Inc
348 Southport C~rcle
Va Beach VA 23452
Audit
1995-97 Audit
40 00
464 26
605 57
40 00
464 26
605 57
Th~s ordinance shall be effecbve from date of
adoption.
The above abatement(s) totaling $1,10983
of the C~ty of V~rg~n~a Beach on the 2.5
Certified as to Payment
~Ro~ert P Vaughan ~
CommIssioner of the Revenue
Approved as to form
L-L~e L LdT~y' ~
C~ty Attorney
were approved by the Council
day of November
,19
97
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 certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE
YEAR PAID
PENALTY INTEREST
TOTAL
West, Amta G
1365 Va Beach Blvd
Va Beach VA 23454
Wdson, Steve
3907 Roebhng Lane
Va Beach VA 23452
1994-97 Audit
1995-96 Audit
103 14
14 81
103 14
14 81
Th~s ordinance shall be effective from date of
adopbon
The above abatement(s) totahng $117.95
25
of the C~ty of V,rg~n~a Beach on the
Cerbhed as to Payment
~f~bert P Vaug~
Commissioner of the Revenue
Approved as to form
sl(e L L,l~y- ~
C~ty Attorney
were approved by the Council
day of November
,19
97
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 certificabon
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE
YEAR PAID
PENALTY INTEREST
TOTAL
An~esh Corporation
1031 London Blvd
Portsmouth VA 23514
Blesmng, Crmg A
P O Box 4791
Va Beach VA 23454
Burnette, Bnan G
5200 Bufflngton Road
Atlanta GA 30349
Cashmore, Walter & Smith, Mark
1084 Guest Dnve
Va Beach VA 23454
1995-97 Audit
1995-97 Audit
1996-97 Audit
1994-96 Audit
Th~s ordinance shall be effective from date of
adoption.
The above abatement(s) totahng $2,028 60
of the C~ty of V~rgm~a Beach on the 2.5
648 00
648 00
305 15
305 15
1,045 45
1,045 45
30 00
30 00
Cerbfled as to Payment
c-~-~;¢O"bert P va~gha,~J
Commissioner of't~e Revenue
Approved as to form
Lestt~ L L,I~ ' ,~-"~--------~,.
City Attorney
were approved by the Council
day of November ,19 ,9,7
Ruth Hodges Smith
City Clerk
FORM NO C A 7
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
Tax Type T~cket Exonera- Date Penalty Int.
NAME Year of Tax Number tion No. Pa~d
Total
Santoro, Frank J. .97
Littman, Samuel & Geneva 96
Aucamp, Tracy&Scott Ashmore 95
Aucamp, Tracy&Scott Ashmore 95
Aucamp, Tracy&Scott A~hmore 96
Aucamp, Tracy&Scott Ashmore 96
Samford, Vonda O. 97
Samford, Vonda J. 97
Flourney, Henry & Louenia 97
Stallings & Richardson, PC 98
Straub, Curtis & K.R. Cross 97
Straub, Curtis & K.R. Cross 97
Countrywide Home Loans Inc. 94
Bayside Church of Christ 97
G E Capital Mortgage Service 97
G E Capital Mortgage Service 97
Halsell, Bertha M. 97
Heitz, Paul K. & Shannon 97
Heitz, Paul K. & Shannon 97
(1/2) PP 97012318809 9/18/97
(1/2) RE 96-071734-9 1/24/96
(1/2) RE 95-004018-8 4/12/96
(2/2) RE 95-004018-8 9/19/96
(1/2) RE 96-004119-5 5/5 /97
(2/2) RE 96-004119-5 5/16/96
(1/2) RE 97-004179-1 12/04/96
(2/2) RE 97-004179-1 5/05/97
(2/2) RE 97-039945-0 3/07/97
(1/2) RE 98-043962-9 9/18/97
(1/2) RE 97-117154-0 11/18/96
(2/2) RE 97-117154-0 5/19/97
(1/2) RE 94-109708-1 9/30/97
(2/2) RE 97-020475-8 5/19/97
(1/2) RE 97-108699-1 11/18/96
(2/2) RE 97-108699-1 5/22/97
(2/2) RE 97-049936-0 2/10/97
(1/2) RE 97-053381-2 12/05/96
(2/2) RE 97-053381-2 5/12/97
Total'
73.08
101.36
32.28
32.08
33.85
27.03
27.76
27.76
98.27
237.90
12.71
12.71
395.74
820.45
378.59
378.59
71.30
40.99
40.99
$2,843.44
Th~s ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$7 ;Rz, 3.z~z~ were approved by
the Council of the C~ty of V~rg~nia
Beach on the 2,5_day of Novembe. z:, 1997
Ruth Hodges Smith
C~ty Clerk
Jol~ T. ~,tk ~ '--
~nson, Treasurer
Approved as to form'
- 32 -
Item VII-K 1
ORDINANCES/RES OL UTIONS
ITEM # 4289 7
Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Councd ADOPTED:
Resolutions to approve tssuance of the Virginia Beach
Development Authority's Revenue and Refun&ng Bonds
Sentara Health System $130,000,000
Virginia Wesleyan College 1 O, 000, 000
Voting 10-0 (By ConsenO
Councd Members Voting Aye
John A Baum, Ltnwood 0 Branch, III,, Harold Hetschober,
Barbara M Henley, Louts R Jones, Reba S. McClanan, Mayor
Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D
Sessoms, Jr and Loutsa M. Strayhorn
Council Members Vottng Nay'
None
Council Members Absent:
William W Harrtson, Jr
November 25, 1997
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH CONCURRING IN THE ISSUANCE OF
HOSPITAL REVENUE NOTES
WHEREAS, there has been described to the City of Virginia Beach Development
Authority (the "Authority") the plan of finance of Sentara Health System (the "Company") and
certain of its not-for-profit affiliates comprising a portion of the Company's integrated health care
delivery system and operation, including Sentara Hospitals, Sentara Enterprises, Sentara Hampton
General Hospital and Sentara Life Care Corporation (collectively, with the Company, the
"Sentara Health System Group"), all of whose principal place of business is 6015 Poplar Hall
Drive, Norfolk, Virginia 23502 for the issuance by the Industrial Development Authority of the
City of Norfolk (the "Norfolk Authority") of its revenue notes (the "Notes") in an amount not to
exceed $130,000,000 to assist the Sentara Health System Group in (a) undertaking the
acquisition, construction and installation of certain capital expenditures, including building
renovations and improvements, diagnostic, therapeutic, surgical and fitness equipment, medical
office furnishings and equipment, health care business office furnishings and equipment, motor
vehicles and equipment and furnishings for in-patient and out-patient procedures, treatments and
consultations at hospitals, clinics, doctors' offices and emergency centers (collectively, the
"Expenditures"), (b) to currently refund all or a portion of the Norfolk Authority's Hospital
Revenue Bonds (Sentara Hospitals-Norfolk Project) Series 1990A (the "1990A Sentara Bonds")
and (c) to pay certain costs of issuance relating to the Notes; and
WHEREAS, each such Expenditure will be owned and/or operated by one of the members
of the Sentara Health System Group and a portion of such Expenditures will be located at one or
more of the locations in the City of Virginia Beach, Virginia, described in Exhibit A attached
hereto; and
WHEREAS, Section 147(0 of the Internal Revenue Code of 1986, as amended (the
"Code") and Section 15.1-1378.1 of the Virsinia Code require approval by the City Council of the
City of Norfolk and by this Council of the issuance of any private activity bonds by the Norfolk
Authority with respect facilities located in the City of Virginia Beach al~er the Norfolk Authority
and the Authority have held public hearings to consider the issuance of such Notes as one of the
acts required in order for the interest on such Notes to qualify for exemption from the imposition
of federal income tax; and
WHEREAS, the Norfolk Authority held a public hearing with respect to the Notes on
August 28, 1997, and has adopted an approving resolution (the "Norfolk Resolution") with
respect thereto; and
WHEREAS, the City Council of the City of Norfolk approved the issuance of the Notes
by resolution adopted on September 30, 1997 (the "Norfolk City Council Resolution"); and
WHEREAS, the Authority held a public hearing on October 21, 1997, in compliance with
the requirements of the Code and the Virginia Code and after such public hearing, did adopt a
resolution approving the plans of the Norfolk Authority as stated in the Norfolk Resolution, to the
extent required by Section 15.1-1378.1A. 2. of the Virginia Code, and recommending to this
Council that it concur with the Norfolk Resolution; and
WHEREAS, a copy of the Norfolk Resolution, a copy of the Authority's approving
resolution, a reasonably detailed summary of the comments expressed at the public hearing with
respect to the Notes held by the Authority and a statement in the form prescribed by Section
15.1-1378.2 of the Virginia Code have been filed with this Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH:
1. The Expenditures proposed to be financed by the issuance of the Notes and to be
located in the City of Virginia Beach, Virginia, are deemed appropriate for such financing and,
accordingly, the Council hereby concurs in the issuance of the Notes by the Norfolk Authority to
the extent required by the Code and Section 15.1-1378 of the Virginia Code.
2. The approval of the issuance of the Notes, as required by the Code and Section
15.1-1378 of the Virginia Code, does not constitute an endorsement to the prospective purchasers
of the Notes of the creditworthiness of the Sentara Health System Group and the Notes shall
provide that neither the City of Norfolk nor the Norfolk Authority nor any other political
subdivision of the Commonwealth of Virginia shall be obligated to pay the Notes or the interest
thereon or other costs incident thereto except for the revenues and moneys pledged therefor, and
neither the faith and credit nor the taxing power of the Commonwealth of Virginia or any political
subdivision thereof shall be pledged thereto.
3. This resolution shall take effect immediately upon its adoption.
Adopted by the Council of the City
on the 25 day of November
A TRUE COPY TESTE:
of Virginia
1997.
Beach, Virginia
City Clerk
VIRGINIA
BEACH
Devclopment Authoritv
One Columbus Center, Suite 300
V~rgmia Beach, VA 23462
(757) 499-4567
FAX (757) 499-9894
Robin 1-) Ray, Chair
F. Dudley Fulton, Vtce-Chatr
W. Brantley Basnight III, Secretary
David A King, Jr., Assistant Secretary
Kenneth D. Barefoot, Treasurer
Stephen W Burke
Thomas J Lyons, Jr
October 23, 1997
The Honorable Meyera E. Oberndorf, Mayor
Members of City Council
Municipal Center
Virginia Beach, VA 23456
Re:
Sentara Health System Group
Issuance of Hospital Revenue Notes
We submit the following in connection with a project for Sentara Health System located
at 6015 Poplar Hall Drive, Norfolk, VA 23502.
(1) Evidence of publication of the notice of hearing is attached as Exhibit A, and a
summary of the statements made at the public hearing is attached as Exhibit B. The City of
Virginia Beach Development Authority's (the "Authority") resolution recommending Council's
approval is attached as Exhibit C.
(2) The Disclosure Statement is attached as Exhibit D.
(3) The statement of the Authority's reasons for its approval as a benefit for the City of
Virginia Beach and its recommendation that City Council approve the modification of the bonds
described above is attached as Exhibit E.
(4) The Fiscal Impact Statement is attached as Exhibit F.
(5) Attached as Exhibit G is a summary sheet setting forth the type of issue, and
identifying the Project and the principals.
Very t~r~y/qurs,
Chair
FDF/GLF/rab
Enclosures
Exhibit A
NOTICE OF PUBLIC HEARING ON
PROPOSED REVENUE NOTE PLAN OF FINANCE FOR
SENTARA HEALTH SYSTEM AND AFFILIATES
Notice is hereby given that the City of Virginia Beach Development Authority (the
"Authority") whose address is One Columbus Center, Suite 300, Virginia Beach, Virginia 23462
will hold a public hearing on the plan of financing of Sentara Health System (the "Company") and
certain of its not-for-profit affiliates, comprising a portion of the Company's integrated health care
system and operation, including Sentara Hospitals, Sentara Enterprises, Sentara Hampton General
Hospital and Sentara Life Care Corporation (collectively, with the Company, the "Sentara Health
System Group"), ail of whose principal place of business is 6015 Poplar Hall Drive, Norfolk,
Virginia 23502 for the issuance by the Industrial Development Authority of the City of Norfolk
(the "Norfolk Authority") whose address is Norfolk City Hall Building, Room 600, 810 Union
Street, Norfolk, Virginia 23510, of its revenue notes in an amount not to exceed $100,000,000 to
assist the Sentara Health System Group in (a) undertaking the acquisition, construction and
installation of certain capital expenditures, including building renovations and improvements,
diagnostic, therapeutic, surgical and fitness equipment, medical office furnishings and equipment,
health care business office furnishings and equipment, motor vehicles and equipment and
furnishings for in-patient and out-patient procedures, treatments and consultations at hospitals,
clinics, doctors' offices and emergency centers (collectively, the "Expenditures") and (b) to pay
certain costs of issuance relating to the notes Each such Expenditure will be owned and/or
operated by one of the members of the Sentara Health System Group. A portion of such
Expenditures will be located at one or more of the City of Virginia Beach locations described
below:
Sentara Hospitals/Sentara Bayside Hospital
800 Independence Boulevard
Virginia Beach, VA 23455
Sentara Enterprises/Medical Transport, Inc.
5792 Arrowhead Drive, #200
Virginia Beach, VA 23462
Semara Life Care Corporation/Sentara
Village Virginia Beach
3751 Sentara Way
Virginia Beach, VA 23452
Sentara Enterprises/Sentara Personnel
Services
5792 Arrowhead Drive, #100
Virginia Beach, VA 23462
Sentara Enterprises/Administration
5555 Greenwich Road, ECPI Building
Virginia Beach, VA 23462
Sentara Enterprises/Central Scheduling -
Transcription
5792 Arrowhead Drive, #100
Virginia Beach, VA 23462
Sentara Life Care Corporation/Sentara
Nursing Center Virginia Beach
3750 Sentara Way
Virginia Beach, VA 23452
The public hearing, which may be continued or adjourned, will be held at 8:00 am. on
October 21, 1997, before the Authority at its office. Any person interested in the issuance of the
notes or the location or nature of the proposed Expenditures should appear and be heard. Any
person who is disabled and will require an accommodation in order to participate in the public
hearing may call the Authority at 499-4567. Please place such call at least three (3) days in
advance of the meeting and public hearing date.
CITY OF VIRGINIA BEACH DEVELOP~NT
AUTHORITY.~~
Chairman (~" -
To be published in The Virginian-Pilot on October 7 and October 14
0439657 Ol
THE VIRGIN]:AN-PILOT
EXHIBIT A
BZCLED ACCOUNT
KAUFHAN & CANOLE$
SUZTE 2000
ONE COMHERCZAL PLACE
NORFOLK,
VA Z3510
~TA~EHENT NO:'' P~GE ZNVOZCE DATE
122 I 10/19/97
BX~LED ACCTtl AD NUNBER XNVC NUNBER
029525~102 A6860010 065S~001
ZBBUE EDZTZoN ZNVC NBR OEBcRZPTZON 8ZZE IGROSB ANT.
I
10/07/97 FULL 0&S$4S001 SENTARA E X 0071 J S99.02
,~ ': ~ $~ 1~~ -~ -~ ,
State of Virginia
City of Norfolk to-.it: AFFIDAVIT
This day D. Johnson personally appeared before me and affer being duly sworn made oath that:
(1) (He) (She) is affidavit clerk of The Virginian-Pilot a newspaper published by Landmark
Communications Xnc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia
Beach, State of Virginia;
(2) That the advertisement hereto annexed at SENTARA has been published in
said newspaper during the following dates: X0/07/97 - 10/14/97
Subscribed and sworn to before me in my city and state aforesaid this 19TH day of OCTOBER
1997
Hy commission expires AUGUST 31, 1999 ~ ~~'~_~_ _
Notary Public
EXHIBIT B
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
RECORD OF PUBLIC HEARING
(SENTARA HEALTH SYSTEM GROUP)
At 8:30a. m. on October21, 1997, the Chairman of the City of Virginia Beach
Development Authority (the "Authority") announced the commencement of a public hearing on
the request of the Sentara Health System Group (the "Group"), and that a notice of public hearing
was published once a week for two consecutive weeks in The Virginian-Pilot, the second
publication being not less than six (6) days nor more than twenty-one (21) days prior to the
hearing. The Chairman indicated that a copy of the notice and a certificate of publication of such
notice have been filed with the records of the Authority and will be provided to the Clerk of the
City Council of the City of Virginia Beach.
The following individual appeared and addressed the Authority: Mr. George Consolvo
appeared on behalf of the Group Mr. Consolvo described the plan of finance as the financing of
capital projects, including building renovations and improvements, diagnostic, therapeutic,
surgical and fitness equipment, medical office furnishings and equipment, health care business
office furnishings and equipment, motor vehicles and equipment and furnishings for in-patient and
out-patient procedures, treatments and consultations at hospitals, clinics, doctors' offices and
emergency centers (collectively, the "Expenditures"). He explained that the proposed issuance of
up to $130,000,000 of revenue notes (the "Notes") for the Expenditures will provide needed
funds for the continued improvement of the Group's integrated health care delivery system. Mr.
Consolvo further added that, since certain of the Expenditures to be financed with the Notes are
located in the City of Virginia Beach, it is necessary that the Authority hold a public heating and
that the issuance of the Notes by the Industrial Development Authority of the City of Norfolk be
approved by the City Council of the City of Virginia Beach in accordance with both federal and
Virginia law. Mr. Consolvo closed his remarks by noting that the presence of the Group's
facilities in the City of Virginia Beach greatly enhances the health care facilities provided within
the City of Virginia Beach and accordingly benefits its citizens and serves a compelling public
purpose.
No other persons appeared to address the Authority, and the Chairman closed the public
hearing.
The Authority hereby recommends that the Council of the City of Virginia Be. ack,
Virginia, approve the issuance of the Notes and hereby transmits the Fiscal Impact Statement with
respect to the Notes to the City Council of the City of Virginia Beach and asks that this
recommendation be received at its next regular or special meeting at which this matter can be
properly placed on the Council's agenda for hearing.
044675101
EXHIBIT C
RESOLUTION OF THE CITY OF
VIRGINIA BEACH DEVELOPMENT AUTHORITY
WHEREAS, there has been described to the City of Virginia Beach Development
Authority (the "Authority") the plan of finance of Sentara Health System (the "Company") and
certain of its not-for-profit affiliates comprising a portion of the Company's integrated health care
delivery system and operation, including Sentara Hospitals, Sentara Enterprises, Sentara Hampton
General Hospital and Sentara Life Care Corporation (collectively, with the Company, the
"Sentara Health System Group"), all of whose principal place of business is 6015 Poplar Hall
Drive, Norfolk, Virginia 23502 for the issuance by the Industrial Development Authority of the
City of Norfolk (the "Norfolk Authority") of its revenue notes (the "Notes") in an amount not to
exceed $130,000,000 to assist the Sentara Health System Group in (a) undertaking the
acquisition, construction and installation of certain capital expenditures, including building
renovations and improvements, diagnostic, therapeutic, surgical and fitness equipment, medical
office furnishings and equipment, health care business office furnishings and equipment, motor
vehicles and equipment and furnishings for in-patient and out-patient procedures, treatments and
consultations at hospitals, clinics, doctors' offices and emergency centers (collectively, the
"Expenditures"), (b) to currently refund all or a portion of the Norfolk Authority's Hospital
Revenue Bonds (Sentara Hospitals-Norfolk Project) Series 1990A (the "1990A Sentara Bonds")
and (c) to pay certain costs of issuance relating to the Notes; and
WHEREAS, each such Expenditure and the facilities financed with the 1990A Sentara
Bonds will be owned and/or operated by one of the members of the Sentara Health System Group
and a portion of such Expenditures will be located at one or more of the locations in the City of
Virginia Beach described in Exhibit A attached hereto; and
WHEREAS, the Sentara Health System Group has elected to proceed with a plan of
finance pursuant to which the Notes will be sold from time to time at commercial paper rates and
maturities by Goldman, Sachs & Co. (the "Dealer") pursuant to a dealer agreement among the
Norfolk Authority, the Sentara Health System Group and the Dealer; and
WHEREAS, the Sentara Health System Group in its appearance before the Authority has
described the benefits to the provision of health care in the City of Virginia Beach to be derived
from the issuance of the Notes; and
WHEREAS, the Norfolk Authority has adopted a resolution with respect to the issuance
of the Notes, the form of which has been presented to this meeting (the "Norfolk Resolution");
and
WHEREAS, a public heating as required by Virginia law and the Internal Revenue Code
of 1986, as amended (the "Code"), has been held by the Authority at this meeting;
BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY:
1. It is hereby found and determined that the issuance of the Notes will promote
healthcare in the City of Virginia Beach, benefit its inhabitants and promote their safety, health,
welfare, convenience and prosperity.
2. To assist the Sentara Health System Group to finance the Expenditures and to pay
certain costs of issuance relating to the Notes, the Authority hereby approves the issuance of the
Notes to the extent required by Section 15.1-1375.1A 2. of the Code of Virginia of 1950, as
amended (the "Virginia Code") and recommends that the City Council of the City of Virginia
Beach (the "Council") concur with the Norfolk Resolution as required by Section 15.1-1378 of
the Virginia Code and hereby directs the Chairman or Vice Chairman of the Authority to submit
to the Council the statement in the form prescribed by Section 15 1-1378.2 of the ~Ftrginia Code,
a reasonably detailed summary of the comments expressed at the public hearing held at this
meeting pursuant to Section 15.1-1378.1 of the Virginia Code, and a copy of this resolution.
3. All costs and expenses in connection with the financing plan, including the fees and
expenses of counsel to the Authority, shall be paid from the proceeds of the Notes to the extent
permitted by law or from funds of the Sentara Health System Group and the Authority shall have
no responsibility therefor
4. All acts of the officers of the Authority which are in conformity with the purposes
and intent of this resolution and in furtherance of the issuance and sale of the Notes are hereby
approved and confirmed.
5. This resolution shall take effect immediately upon its adoption.
The undersigned hereby certifies that the above resolution was duly adopted by the
directors of the City of Virginia Beach Development Authority, at a meeting duly called and held
on October 21, 1997, and that such resolution is in full force and effect on the date hereof.
Dated: October 21, 1997
Secreta/'y, City o Virgi~ai~ Beach I~evelopment
Authority '~
EXH1RIT A
Sentara Hospitals/Sentara Bayside Hospital
800 Independence Boulevard
Virginia Beach, VA 23455
Sentara Life Care Corporation/Sentara
Village Virginia Beach
3751 Sentara Way
Virginia Beach, VA 23452
Sentara Enterprises/Administration
5555 Greenwich Road, ECPI Building
Virginia Beach, VA 23462
Sentara Enterprises/Central Scheduling- Transcription
5792 Arrowhead Drive, #100
Virginia Beach, VA 23462
Sentara Enterprises/Medical Transport, Inc.
5792 Arrowhead Drive, #200
Virginia Beach, VA 23462
Sentara Enterprises/Sentara Personnel
Services
5792 Arrowhead Drive, #100
Vkginia Beach, VA 23462
Sentara Life Care Corporation/Sentara
Nursing Center Virginia Beach
3750 Sentara Way
Virginia Beach, VA 23452
0436378 01
A-1
EXHIBIT D
DISCLOSURE STATEMENT
Date: November 13, 1997
Applicant's Name(s): Sentara Health System Group
All Owners (if different from applicant): N/A
Type of Application:
Rezoning: From To
Conditional Use Permit:
Street Closure:
Subdivision Variance:
Other: Bond issue through Norfolk Industrial Development Authority
The following is to be completed by or for the Applicant:
1. If the applicant is a CORPORATION, list all the officers of the Corporation:
See attached schedule.
.
If the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all
members or partners in the organization: N/A
The following is to be completed by or for the Owner (if different from the applicant)
1. ffthe Owner is a CORPORATION, list all the officers of the Corporation: N/A
.
If the Owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all
members or partners in the organization: N/A
SENTARA HEALTH SYSTEM
0446744.01
Richard D. Hill, Vice President
SENTARA HEALTH SYSTEM GROUP
OFFICERS AND DIRECTORS
.SENTARA HEALTH SYSTEM
E. George Middleton, Jr., Chairman and Director
David L. Bernd, President and Director
Toy D. Savage, Jr., Secretary and Director
C. A. Cutehins, III, Treasurer and Director
Richard F. Clark, M D., Director
William P. Edmondson, Jr., M.D., Director
John S. Mitchell, Director
Thomas A. Newby, Ph.D., Director
William K. Butler, II, Director
Cifle Crisler, M.D, Director
Alan G Donn, Director
Frederick J. Napolitano, Director
Albert Travarthen, Director
SENTARA HOSPITALS
E. George Middleton, Jr., Director
Toy D. Savage, Jr., Director
C. A Cutchins, III, Director
David L. Bemd, President
SENTARA ENTERPRISES
E. George Middleton, Jr., Director
Toy D. Savage, Jr., Director
C. A. Cutchins, HI, Director
David L. Bemd, President
SENTARA HAMPTON GENERAL HOSPITAL
E. George Middleton, Jr, Director
Toy D Savage, Jr., Director
C. A. Cutchins, HI, Director
David L. Bemd, President
SENTARA LIFE CARE CORPORATIQ .,N.
E. George Middleton, Jr., Director
Toy D. Savage, Jr., Director
C. A. Cutchins, HI, Director
David L. Bemd, President
0447771.01
VIRGINIA
Development Authority
One Columbus Center, Suite 300
V~rg~ma Beach, VA 23462
(757) 499-4567
FAX (757) 499-9894
Robin D Ray, Chair
F Dudley Fulton, V~ceoCha~r
W. Brantley Basmght III, Secretary
David A K~ng, Jr., Asststant Secretary
Kenneth D Barefoot, Treasurer
Stephen W Burke
Thomas J. Lyons, Jr
EXHIBIT E
INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CITY OF NORFOLK
COMMERCIAL PAPER REVENUE NOTES
(POOLED FINANCING PROGRAM - SENTARA HEALTH SYSTEM GROUP)
The Authority recommends approval of the captioned financing. The financing will enhance
health care in the City of Virginia Beach.
EXHIBIT F
FISCAL IMPACT STATEMENT SUBMITTED TO
THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
Date: October 21, 1997
Name of Applicant: Sentara Health System, Sentara Hospitals, Sentara Hampton General
Hospital, Sentara Enterprises, Sentara Life Care Corporation
Facilities: See Notice of Public Heating
1. Maximum amount of financing sought
$130,000,000
.
Estimated taxable value of the facility's real
property to be constructed in the City of Norfolk
-0-
Estimated real property tax per year using
present tax rates
-0-
Estimated personal property tax per year
using present tax rates
$ 7,113
o
Estimated business license tax per year
using present tax rates
$ 1,755
Estimated dollar value per year of goods
and services that will be purchased locally
$459,000,000
Estimated number of additional regular
employees on year round basis
-0-
8. Average annual salary per employee
$ 33,000
Name of Applicant.
Sentara Health System, Sentara Hospitals, Sentara Hampton
General Hospital, Sentara Enterprises, Sentara Life Care
Corporation
Richard ~e~or Vice Presid~ _
By ChAu~ihTri~y' City ~f ~iy~acB'ea~i~ be~'e~°pment
0447748 01
EXHIBIT G
SUMM YSHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
CONCURRENCE WITH INDUSTRIAL DEVELOPMENT AUTHORITY OF
THE CITY OF NORFOLK REVENUE NOTES
1. PROJECT NAME:
Sentara Health System Group
2 LOCATION'
See attached list of project locations
3 DESCRIPTION OF PROJECT
Health care facilities
4. AMOUNT OF NOTE ISSUE
$130,000,000
5 PRINCIPALS
See attached list of officers and directors
6 ZONING CLASSIFICATION
Present zoning classification
of the Property
b Is rezoning proposed
Yes No X
c If so, to what zoning classification? N/A
0446752 01
EXHIBIT A
Sentara Hospitals/Sentara Bayside Hospital
800 Independence Boulevard
Virginia Beach, VA 23455
Sentara Life Care Corporation/Sentara
Village Virginia Beach
3751 Sentara Way
Virginia Beach, VA 23452
Sentara Enterprises/Administration
5555 Greenwich Road, ECPI Building
Virginia Beach, VA 23462
Sentara Enterprises/Central Scheduling- Transcription
5792 Arrowhead Drive, #100
Virginia Beach, VA 23462
Sentara Enterprises/Medical Transport, Inc.
5792 Arrowhead Drive, #200
Virginia Beach, VA 23462
Sentara Enterprises/Sentara Personnel
Services
5792 Arrowhead Drive, #100
Virginia Beach, VA 23462
Sentara Life Care Corporation/Sentara
Nursing Center Virginia Beach
3750 Sentara Way
Virginia Beach, VA 23452
0441996 01
A-1
i
I
A B C O E F G H
BAY SHORE
FIII~ cou
TOWN
FirK ,ri Houri 1114-1736
·
~Exlt-:3
D ~J
· A~ of' ALXKANO4~A~ INC'
A RESOLUTION APPROVING THE ISSUANCE BY THE NORFOLK
AIRPORT AUTHORITY OF ITS REVENUE AND REFUNDING BOND IN
AN AMOUNT NOT TO EXCEED $10,000,000 FOR VIRGINIA WESLEYAN
COLLEGE
WHEREAS, the Norfolk Airport Authority (the "Airport Authority") has considered the
request of Virginia Wesleyan College for the issuance by the Authority of its revenue and
refunding bond (the "Bond") in an amount not to exceed $10,000,000 to asaist the College in (a)
undertaking the financing of the cost of acquiring, constructing and equipping academic,
administration, services, athletic and other structures at Virginia Wesleyan College (other than
chapels and like facilities) (such buildings and structures being individually and collectively
referred to herein as the "Construction Project"), (b) the refinancing of certain existing
indebtedness of the College (the "Prior Indebtedness") incurred in 1990 and 1992 for the
construction and equipping of dormitories, maintenance and storage facilities, parking areas, the
Academic Village II, a business office, a book store and access roads (the "Prior Improvements"),
and (¢) the financing of the payment of certain costs of issuing the Bond, and
WHEREAS, the Airport Authority has held a public heating with respect to the Bond on
November 13, 1997, and has adopted an approving resolution (the "Airport Authority
Resolution") with respect thereto; and
WHEREAS, the City of Virginia Beach Development Authority (the "Development
Authority") has held a public heating with respect to the Bond on November 13, 1997, and has
adopted an approving resolution with respect thereto; and
WHEREAS, Section 15 1-1378 of the Code of Virginia of 1950, as amended (the
"Virginia Code"), provides that the City Council for the City of Virginia Beach (the "Council")
must concur with the adoption of the Airport Authority Resolution, and
WHEREAS, the Internal Revenue Code of 1986, as amended (the "Code"), provides that
the highest elected governmental officials of the governmental unit having jurisdiction over the
area in which any facility financed with the proceeds of private activity bonds is located shall
approve the issuance of such bonds; and
WHEREAS, the Construction Project and portions of the Prior Improvements are located
in the City of Virginia Beach and the members of the Council constitute the highest elected
governmental officials of the City of Virginia Beach, and
WHEREAS, a copy of the Airport Authority Resolution, the Development Authority's
approving resolution, a reasonably detailed summary of the comments expressed at the public
hearing with respect to the Bond held by the Development Authority and a statement in the form
prescribed by Section 15 1-1378 2 of the Virginia Code have been filed with the Council, together
with the Development Authority's recommendation that the Council concur with the Airport
Authority Resolution.
NOW, THEREFORE, BE IT RESOLVED BY TIlE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA ,
1. The City Council of the City of Virginia Beach, Virginia, concurs with the
adoption of the Airport Authority Resolution and approves the issuance of the Bond by the
Airport Authority to the extent required by the Code and Section 15.1-1378 of the Virginia Code.
2. The approval of the issuance of the Bond, as required by the Code and Section
15.1-1378 of the Virginia Code, does not constitute an endorsement to a prospective purchaser of
the Bond of the creditworthiness of the College and the Bond shall provide that the City of
Virginia Beach shall not be obligated to pay the Bond or the interest thereon or other costs
incident thereto and neither the faith or credit nor the taxing power of the Commonwealth of
Virginia or the City of Virginia Beach shall be pledged thereto.
3 This resolution shall take effect immediately upon its adoption.
0~2733 01
Adopted by the
25
on the day of
Council of the City of ¥irgina
November
, 1997.
Beach,
Virginia
A TRUE COPY
TESTE:
City Clerk
VIRGINIA
Development Authority
One Columbus Center, State 300
%rg~ma Beach, VA 23462
(804) 499-4567
FAX (804) 499-9894
Kenneth F. Palmer, Chawman
Robin D Ray, Vzce-Chmrman
F. Dudley Fulton, Treasurer
W. Brantley Basmght III, Secretary
Kenneth D. Barefoot
Dawd A. Krug, Jr.
Thomas J. Lyons, Jr.
November 13, 1997
The Honorable Meyera E. Oberndorf, Mayor
Members of City Council
Municipal Center
Virginia Beach, VA 23456
Re.'
Virginia Wesleyan College
Norfolk Airport Authority Revenue and Refunding Bond
We submit the following in connection with a project for Virginia Wesleyan College whose
principal plase of business is 1584 Wesleyan Drive, Norfolk, Virginia.
(1) Evidence of publication of the notice of hearing is attached as Exhibit A, and a
summary of the statements made at the public hearing is attached as Exhibit B. The City of
Virginia Beach Development Authority's (the "Authority") resolution recommending Council's
approval is attached as Exhibit C.
(2) The Disclosure Statement is attached as Exhibit D.
(3) The statement of the Authority's reasons for its approval as a benefit for the City of
Virginia Beach and its recommendation that City Council approve the modification of the bonds
described above is attached as Exhibit E.
(4) The Fiscal Impact Statement is attached as Exhibit F.
(5) Attached as Exhibit G is a summary sheet setting forth the type of issue, and
identifying the Project and the principals.
FDF/GLF/rab
Enclosures
Very truly yours,
--
!
EXHIBIT A
ii i · _i i
KAUF#AN i GANOLES"
6UZT£ 2oo0
ONE co~£RCZAL PLACE
I #ORFOLKo VA 13510
i .~ -~! J , II i
.Zii~E.. ,' ID~TZON._. , ZHVC F'~ .... mE~-'-~'ZPT"~ '" sZZ£ q~'QI$
i ,-- i . I i I
i ~TAL l~&, M
,
,
J ,~_. ..-,, ~ ,~ ~. -- ~ , ,
' ~I~'Ili ,~l~l.~l~ II~l,~tl~m ~m~ I
, ~)~ ,,' ......... ,-~ .............
I
:
ii ,.i l ii , Ii ii . . _
City o! Nor~ol,k to-.t,: AFFIDAVIT
(I) (He)i(She) ~s affidav~ =lirk of The Virginian-Pi~o* a neYspapir published by L~ndmark
has been published i~
Hy commission exp2rea AU8Ua? 31, 1999
Notary Public
EXHIBIT A
NOTICE OF PUBLIC HE~G ON
PROPOSED BOND FINANCING BY NORFOLK AIRPORT AUTHORITY
FOR VIRGINIA WESLEYAN COLLEGE
Notice is hereby given that the City of Virginia Beach Development Authority (the
Authority) whose address is One Columbus Center, Suite 300, Virginia Beach, Virginia 23462,
will hold a public hearing on the plan of financing of Virginia Wesleyan College, a Virginia
nonstock, nonprofit corporation (the College), the location and mailing address of which is
Virginia Wesleyan College, Wesleyan Drive, Norfolk, Virginia 23502, for the issuance of the
Norfolk Airport Authority's revenue bond in an amount not to exceed $10,000,000 to assist the
College in (a) undertaking the financing of the acquisition, construction and equipping of various
structures at and owned by the College, including academic, administration, services, athletic and
maintenance facilities (other than chapels and like facilities), (b) the refinancing of certain
indebtedness of the College incurred in 1990 and 1992 for the construction and equipping of
maintenance and storage facilities, parking areas, dormitories, the Academic Village II, a business
office, a book store and access roads to certain of such facilities, all of which are owned by the
College, and (c) financing the cost of issuing the bond The public hearing, which may be
continued or adjourned, will be held at 8.30 am. on November 13, 1997, before the Authority at
its office The bond will not pledge the credit or the taxing power of the City of Virginia Beach,
Virginia, or the Authority but will be payable solely from revenues derived from the College. Any
person interested in the issuance of the bond or the location or nature of the proposed facilities or
the refinanced facilities may appear and be heard A copy of the resolution to be considered by
the Authority after the public hearing is on file and is open for inspection at the Authority's office
during business hours.
0444078 01
EXHIBIT B
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
RECORD OF PUBLIC HEARING
(VIRGINIA WESLEYAN COLLEGE)
At 8'30 a.m. on November 13, 1997, the Chairman of the City of Virginia Beach
Development Authority (the "Authority") announced the commencement of a public hearing on
the request of Virginia Wesleyan College, a Virginia non-stock corporation (the "College"), and
that a notice of public hearing was published once a week for two consecutive weeks in The
Virginian-Pilot, the second publication being not less than six (6) days nor more than twenty-one
(21) days prior to the hearing The Chairman indicated that a copy of the notice and a certificate
of publication of such notice have been filed with the records of the Authority and will be
provided to the Clerk of the City Council of the City of Virginia Beach.
The following individual appeared and addressed the Authority: Mr George Consolvo
appeared on behalf of the College Mr Consolvo described the project as the financing and
refinancing of capital projects at the College, including academic, administration, services,
athletic, maintenance and storage and other facilities. He explained that the proposed issuance of
up to $10,000,000 of revenue bonds (the "Bonds") for the project will provide needed funds for
the continued improvement of the College's campus. Mr. Consolvo further added that, since the
College's campus straddles the boundary lines of the cities of Norfolk and Virginia Beach and that
certain of the facilities to be financed are located in the City of Virginia Beach, it is necessary that
the Authority hold a public hearing and that the issuance of the Bonds by the Norfolk Airport
Authority be approved by the City Council of the City of Virginia Beach in accordance with both
federal and Virginia law. Mr Consolvo closed his remarks by noting that the presence of the
College in the City of Virginia Beach greatly enhances the educational facilities provided within
the City of Virginia Beach and accordingly benefits its citizens and serves a compelling public
purpose
No other persons appeared to address the Authority, and the Chairman closed the public
hearing
The Authority hereby recommends that the Council of the City of Virginia Beach,
Virginia, approve the issuance of the Bonds and hereby transmits the Fiscal Impact Statement
with respect to the Bonds to the City Council of the City of Virginia Beach and asks that this
recommendation be received at its next regular or special meeting at which this matter can be
properly placed on the Council's agenda for heating.
0446535 01
EXHIBIT C
RESOLUTION OF
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
FOR VIRGINIA WESLEYAN COLLEGE
WHEREAS, there has been described to the City of Virginia Beach Development Authority
(the "Authority") the plans of Virginia Wesleyan College (the "College") whose principal place of
business is 1584 Wesleyan Drive, Norfolk, Virginia 23502, for the issuance by the Norfolk Airport
Authority (the "Airport Authority") of its revenue and refunding bond (the "Bond") in an amount not
to exceed $10,000,000 to assist the College in (a) undertaking the financing of the cost of acquiring,
constructing and equipping academic, administration, services, athletic and other structures at
Virginia Wesleyan College (other than chapels and like facilities) (such buildings and structures
being individually and collectively referred to herein as the "Construction Project"), Co) the
refinancing of certain existing indebtedness of the College (the "Prior Indebtedness") incurred in
1990 and 1992 for the construction and equipping of dormitories, maintenance and storage
facilities, parking areas, the Academic Village II, a business office, a book store and access roads,
and (¢) the financing of the payment of certain costs of issuing the Bond, and
WHEREAS, each of the above facilities (collectively hereinafter referred to as the "Facilities")
are now owned or will be owned by the College and substantially all of the above facih'fies are or will
be located in the City of Virginia Beach, and
WHEREAS, a public heating with respect to the Bond as required by Virginia law and the
Internal Revenue Code of 1986, as amended (the "Code"), is scheduled to be held by the Airport
Authority on the date hereof and the Airport Authority is expected to adopt a resolution (the "Airport
Authority Resolution") approving the issuance of the Bond; and
WHEREAS, the College has elected to proceed with a plan of finance pursuant to which the
Bond will be privately placed with NationsJlank, N A~ (the "Lender"), for its own account and for
investment purposes; and
WHEREAS, the College in its appearance before the Authority has described the debt service
cost savings relating to the issuance of the Bond as a "qualified tax-exempt obligation" within the
meaning of §265(b)(3) of the Code and the other benefits to the City of Virginia Beach to be derived
fi.om the issuance of the Bond; and
WHEREAS, a public hearing with respect to the Bond as required by Virginia law and the
Internal Revenue Code of 1986, as amended, has been held at this meeting.
BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY'
1. It is hereby found and determined that the issuance of the Bond will promote education
in the City of Virginia Beach, benefit its inhabitants and promote their safety, health, welfare,
convenience and prosperity.
2. To assist the College to issue the Bond, the Authority hereby recommends that the City
Council of the City of Virginia Beach (the "Council") concur with the Airport Authority Resolution
approving the Bond, the form of which has been presented at this meeting,, as required by §15.1-1378
of the Code of V'trginia of 1950, as amended (the "Virginia Code"), and hereby directs the Chairman or
Vice Chairman of the Authority to submit to the Council the statement in the form prescribed by
§ 15.1-1378 2 of the Virginia Code, a reasonably detailed summary of the comments expressed at the
public hearing held at this meeting pursuant to §15.1-1378 1 of the Virginia Code, and a copy of this
resolution.
3. All costs and expenses in connection with the financing plan shall be paid from the
proceeds of the Bond to the extent permitted by law or fi.om funds of the College and the Authority
shall have no responsibility therefor
4 All acts of the officers of the Authority which are in conformity with the purposes and
intent of this resolution and in furtherance of the issuance and sale of the Bond are hereby approved
5 This resolution shall take effect immediately upon its adoption.
The undersigned hereby certifies that the above resolution was duly adopted by the
commissioners of the City of Virginia Beach Development Authority at a meeting duly called and held
on November 13, 1997, and that such resolution is in full force and effect on the date hereof.
Dated November 13, 1997
Se~~~ ~'ty of Virgini~each Development
Authority
0442737 01
EXHIBIT D
DISCLOSURE STATEMENT
Date: November 13, 1997
Applicant's Name(s): Virginia Wesleyan College
All Owners (if different from applicant): N/A
Type of Application:
Rezoning. From To
Conditional Use Permit
Street Closure.
Subdivision Variance'
Other' Bond issue through Norfolk Airport Authority
The following is to be completed by or for the Applicant:
1 If the applicant is a CORPORATION, list all the officers of the Corporation:
See attached schedule.
If the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all
members or partners in the organization: N/A
The following is to be completed by or for the Owner (if different from the applicant)
1. If the Owner is a CORPORATION, list all the officers of the Corporation: N/A
0446609 01
If the Owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all
members or partners in the organization. N/A
William ~'. Jos~h,- ~ice l~resident
/.
VIRGINIA
BEACH
Development Authority
One Columbus Center, Suite 300
Vlrg~ma Beach, VA 23462
(757) 499-4567
FAX (757) 499-9894
Robin D. Ray, Chazr
F. Dudley Fulton, Vzce-Cha~r
W. Brantley Basnight III, Secretary
David A Krug, Jr., AmstantSecretary
Kenneth D. Barefoot, Treasurer
Stephen W. Burke
Thomas J Lyons, Jr.
EXHIBIT E
NORFOLK AIRPORT AUTHORITY
1997 REVENUE AND REFUNDING BONDS
(VIRGINIA WESLEYAN COLLEGE)
The Authority recommends approval of the captioned financing. The financing will enhance
educational facilities and opportunities in the City of Virginia Beach.
EXHIBIT F
FISCAL IMPACT STATEMENT
SUBMITTED TO CITY OF VIRGINIA BEACH DEVELOPMENT ALrrHO~
Date: November 13, 1997
The undersigned applicant, in order to permit the City of Vh'ginia Beach Development
Authority to submit the following information in compliance with Section 15.1-1378.2 of the Code of
Virginia of 1950, as amended, states:
Name of applicant: Virginia Wesleyan College
Facility: Campus of Virginia Wesleyan College
1. Maximum amount offinane~g sought
$10,000,000
,
Estimated taxable value of facility's real
property constructed in the City of Norfolk
Exempt
,
Estimated real property tax per year using
present tax rates
Exempt
.
Estimated personal property tax per year using
present tax rates
Exempt
,
Estimated merchant's capital tax per year
using present tax rates
N/A
Estimated dollar value per year of goods and
services that will be purchased locally (in
Hampton Roads)
$ 3,500,000
.
Estimated number of regular employees on
year round basis
22O
8. Average annual salary per employee
$ 36,295
044550301
VIRGINIA WESLE~OLLEGE
Vic?resident-Finance
CITY OF VIRG~
EXHIBIT G
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
CONCURRENCE WITH NORFOLK AIRPORT AUTHORITY REVENUE
AND REFUNDING BOND
1. PROJECT NAME
Virginia Wesleyan College
2. LOCATION:
1584 Wesleyan Drive
Norfolk, Virginia
3 DESCRIPTION OF PROJECT'
Educational facilities
4 AMOUNT OF BOND ISSUE'
$10,000,000
5 PRINCIPALS
See attached list of officers and trustees
6. ZONING CLASSIFICATION'
Present zoning classification
of the Property
b. Is rezoning proposed.
Yes No X
c If so, to what zoning classification'~ N/A
0446561 01
OFFICERS
President
Vice President for Academic Affairs
Vice President for Business Affairs
Vice President for College Relations
Vice President for Enrollment Management
Vice President for Information Services
Vice President for Student Affairs
Dr. William T. Greer, Jr
Dr. Stephen S. Mansfield
William T. Joseph
James R. Bergdoll
Richard Hinshaw
Rene Perez-Lopez
David E. Buckingham
BOARD OF TRUSTEES
Chairman- Jane P Batten
Vice Chairman - D. Henry Watts
Secretary- Mary W. Thrasher
Treasurer- Richard D. Roberts
G. Robert Ashton, Jr
Jane P. Batten
David L. Bemd
George Y Birdsong
S Frank Blocker
Gary D Bonnewell
Robert F. Boyd
Joan P Brock
Thomas C. Broyles
B. Minette Cooper
Van H Cunningham
Robert H. DeFord, Jr
Willard E. Douglas, Jr
William J Fanney
Emily Harkins Filer
Richard S Foster
David Furman
William W Granger, Jr
James W Griffiths
Robert V L. Hartwell
Mrs. Walter E. Hoffman
Frederick V Martin
Vincent J Mastracco, Jr
E George Middleton
Robin D Ray
Richard D Roberts
Ralph G Roop
Jeanne P. Ross
Georgia A. Ryder
Vincent J Thomas
Mary W Thrasher
John A Trinder
D Henry Watts
Benjamin J. Willis, Jr.
6
10¸
].6 c) A~ Olr ALEXANDRIA lng
VA GRIO 2 67O 000 FT
76'12 30
F
Joins A/lap Ig
J
2 680 000 FT
K
- 33 -
Item VII-K2.
ORDINANCES/RES OL UTIONS
ITEM # 42898
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, Ctty Council ADOPTED:
Resolution to authortze the enlargement ora nonconforming use
to relocate a cottage for ELEANOR H. MacRAE at 717 13th
Street, contatntng 7,000 square feet (VIRGINIA BEACH
BOROUGH)
Voting 10-0 (By Consent)
Council Members Voting Aye
John A. Baum, Linwood 0 Branch, III,, Harold Heischober,
Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor
Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdham D
Sessoms, Jr and Louisa M Strayhorn
Councd Members Vottng Nay
None
Councd Members Absent'
Wilham W. Harrtson, Jr
November 25, 1997
A RESOLUTION AUTHORIZING THE RELOCATION
OF A NONCONFORMING SINGLE FAMILY DWELLING
ON PROPERTY LOCATED AT 717 13TH STREET,
IN THE BOROUGH OF VIRGINIA BEACH
WHEREAS, Eleanor MacRae (hereinafter the "Applicant") has
6 made application to the City Council for authorization to relocate
7 a non-conforming use situated on a certain lot or parcel of land
8 having the address of 717 13th Street, in the R-5D Residential
9 District,; and
10
WHEREAS, such lot contains both the subject cottage,
11 which constitutes a single-family dwelling under the definition
12 thereof set forth in the City Zoning Ordinance, and a principal
13 single-family dwelling; and
14
WHEREAS, the existing cottage is a nonconforming use, in
15 that the City Zoning Ordinance allows only one single-family
16 dwelling to be on a residential lot; and
17
WHEREAS, pursuant to Section 105 of the City Zoning
18 Ordinance, the relocation of the cottage to another portion of the
19 lot would be unlawful in the absence of a resolution of the City
20 Council authorizing such relocation upon a finding that the
21 proposed use, as relocated, will be equally appropriate or more
22 appropriate to the zoning district than is the existing use;
23
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
24 OF VIRGINIA BEACH, VIRGINIA:
25
That the City Council hereby finds that the proposed
26 cottage, as relocated, will be equally appropriate to the R-5D
27 Residential Single-Family District as is the existing
28 establishment.
29
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
30 VIRGINIA BEACH, VIRGINIA:
31 That the proposed relocation of the subject cottage to
32 another portion of the lot, as proposed by the Applicant, be, and
33 hereby is, authorized, upon the following conditions:
34
1. That the proposed cottage conform to the site plan
35 which has been submitted by the Applicant, exhibited to the City
36 Council on the date of adoption of this Resolution, and is on file
37 with the Planning Department;
38
2. That the Applicant obtain any variances determined
39 by the Zoning Administrator to be required under applicable
40 provisions of the City Zoning Ordinance;
41
3. That no more than two (2) residential dwelling units
42 be permitted upon the property;
43
4. That prior to the issuance of a building permit for
44 the proposed conversion, the Applicant cause to be recorded in the
45 Clerk's Office of the Circuit Court of the City of Virginia Beach
46 a deed restriction or similar legal instrument, in form and
47 substance approved by the City Attorney, containing the conditions
48 set forth in this Resolution.
49
50 the
25
Adopted by the Council of the City of Virginia Beach on
day of November, 1997.
51 November 25, 1997
APPROVED AS TO CONTENT
Plahmng '
APPROVED AS TO LEGAL
/
Dep~a~m~t 8f Law
- 34 -
Item VII-L.
PUBLIC HEARING
ITEM # 42899
PLANNING
Mayor Oberndorf DECLARED a PUBLIC HEARING on
PLANNING
1. BRIAN J. AND STEFANY DOLMA T
MODIFICATION OF
PROFFERS (3/25/97 COZ)
2. MARK R. LICHTENSTEIN
STREET CLOSURE
3. JOE MONDS, JR.
CONDITIONAL USE PERMIT
4.NEXTEL COMMUNICATIONS, INC.
CONDITIONAL USE PERMITS
5. SHEAR DESIGNS, PA TRICIA J. CANNON
CHANGE OF ZONING
6. WIDENER HOMES, LTD.
CHANGE OF ZONING
November 25, 1997
- 35 -
Item VII-L.
PUBLIC HEARING
ITEM # 42900
PLANNING
Upon motion by Vtce Mayor Sessoms, seconded by Councilman Branch, Ctty Councd APPROVED IN ONE
MOTION Items 2, 4 and 6 of the PLANNING B Y CONSENT.
Item L 1 - No Actton was taken and WITHDRAWAL ALLOWED
Item L.2 was DEFERRED for an additional 180 days untd the Ctty Councd Sesston of May 26, 1998.
Vottng 11-0
Councd Members Vottng Aye'
John A Baum, Ltnwood 0 Branch, III, Harold Hetschober,
Barbara M Henley, Louts R Jones, Reba S. McClanan, Mayor
Meyera E. Oberndorf Nancy K Parker, Vice Mayor Wilham D.
Sessoms, Jr and Loutsa M Strayhorn
Counctl Members Vottng Nay
None
Counctl Members Absent
Wdham W Harrison, Jr
Council Lady McClanan DISCLOSED pursuant to Sectton 2 1-639 14(E), Code of Virginta, and
ABSTAINED on the apphcatton of Wtdener Homes, Ltd, as her husband personally provtdes legal
representation to Aragona Vtllage Church of Chrtst, the owner of the property Councd Lady McClanan 's
letter of November 25, 1997, ts hereby made a part of the record
November 25, 1997
- 36-
Item VII-L. 1..
PUBLIC HEARING
ITEM # 42901
PLANNING
As the apphcant has WITHDRAWN the proposal, C~ty Councd TOOK NO ACTION on the
MODIFICATION OF PROFFERS tn the March 25, 1997, Approved Apphcatton of BRIAN J. and
STEFANY DOLMAN for a Change of Zomng District Classification:
Apphcatton by Brian J. And Stefany Dolman for a Modtficatton of
Con&ttons on a rezomng fro R-5D Restdenttal Dtstrtct to
Conditwnal 0-1 Office Dtstrtct, approved by City Council on
March 25, 1997, 221 Thaha Road KEMPSVILLE BOROUGH
November 25, 1997
-37-
Item VII-L.2.
PUBLIC HEARING
ITEM # 42902
PLANNING
Upon motion by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl AUTHORIZED AN
ADDITIONAL 180-DAY DEFERRAL unttl the Ctty Counctl Sesston of May 26, 1998, the Petttton of
MARK R. LICHTENSTEIN for the dtsconttnuance, closure and abandonment of a portion of Sydnor Street:
Petttion of Mark R. Ltchtenstein for the chsconttnuance, closure
and abandonment of a portion of Sydnor Street beginntng at the
southern boundary of 55th Street and running tn a southerly
directton a dtstance of 105 lO feet along the eastern boundary of
Sydnor Street. satd parcel ss vartable tn wtdth and contatns 4,102
square feet L YNNHA VEN BOROUGH
Voting'
10-0 (By ConsenO
Councd Members Voting Aye:
John A Baum, Ltnwood O. Branch, III, HaroM Hetschober,
Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor
Meyera E. Oberndorf, Nancy K Parker, Vtce Mayor Wilham D
Sessoms, Jr and Loutsa M Strayhorn
Councd Members Voting Nay.
None
Council Members Absent
Wdham W Harrtson, Jr.
November 25, 1997
- 38-
Item VII-L$.
PUBLIC HEARING
ITEM # 42905
PLANNING
Bruce Gallup, represented the apphcant
Upon motton by Councilman Baum, seconded by Vtce Mayor Sessoms, City Councd ADOPTED Ordinance
upon Apphcatton of JOE MONDS, JR., for a Condittonal Use Permit'
ORDINANCE UPON APPLICA TION OF JOE MONDS, JR, FOR
A CONDITIONAL USE PERMIT FOR AN AL TERNA TIVE RURAL
RESIDENTIAL DEVELOPMENT RO11972151
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon apphcatton of Joe Monds, Jr, for a Conditional
Use Permit for an alternative rural residential development on
certatn property located at the northwest tntersection of
Blackwater Road and Blackwater Loop Satd parcel contatns 34.36
acres. BLA CKWA TER B OR 0 UGH
The followtng revtsed condtttons shall be requtred'
1 Access shah be limited to two access points on
Blackwater Loop
A 50' vegetated buffer, as descrtbed tn the
Comprehenstve Plan, shall be installed along all
restdential property hnes where they abut an acttve
agricultural operatton The reqmred buffers shall be
planted prtor to occupancy of the restdential lots
3 No more thanfive (5) budding lots shah bepermttted
A suttable legal tnstrument restrtcttng the development
of the property to no more than five (5) residential
buil&ng lots shall be submttted with the final subdivision
plat, and shall be recorded tn the Clerk's Office of the
Ctrcmt Court. The content and form of such tnstrument
shall be acceptable to the Ctty Attorney
This Ordinance shah be effective tn accordance wtth Sectton 107 69 of the Zoning Ordinance.
Adopted by the Council of the Ctty of Vtrgmta Beach, Vtrgtma, on the Twen_t&_foCth of November Ninetqcn
Hundred and Ntne(y-Seven
November 25, 1997
- 39-
Item VII-L.$.
PUBLIC HEARING
ITEM # 42905 (Continued)
PLANNING
Vottng 10-0
Council Members Vottng Aye
John A. Baum, Ltnwood 0 Branch, III, Harold Heischober,
Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor
Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdham D
Sessoms, Jr and Loutsa M Strayhorn
Counctl Members Voting Nay
None
Counctl Members Absent'
Wilham W. Harrtson, Jr
November 25, 1997
- 40-
Item VII-L.4.
PUBLIC HEARING
ITEM # 42904
PLANNING
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Council ADOPTED
Ordinances upon applicatton of NEXTEL COMMUNICATIONS, INC for Con&tional Use Permits
ORDINANCE UPON APPLICATION OF NEXTEL
COMMUNICATIONS, INC, FOR A CONDITIONAL USE
PERMIT FOR A WIRELESS COMMUNICATION MONOPOLE
R011972152
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Nextel Communicattons, Inc. For
a Con&ttonal Use Permttfor a wtreless communication monopole
on certain property located on the east stde of Bus~ness Park Drive
begtnmng at a potnt 540 feet more or less north of Greenwtch
Road. Satd parcel is located at 168 Bustness Park Drtve and
contatns 1 87 acres. BAYSIDE BOROUGH
The followtng con&t~ons shall be reqmred
The proposed tower/antenna addition must be developed
as an expanston of the extsttng Vtrgtnta Power pole
structure, not to exceed an overall hetght of l l 8 feet, as
presented to the Planmng Commtsston and Ctty Council
and deptcted on the stte plan entttled "NEXTEL Stte
Location Plan VA-1119-F, Bustness Park, Virginia
Beach, Virgtma, "dated July 30, 1997
ORDINANCE UPON APPLICATION OF NEXTEL
COMMUNICATIONS, INC, FOR A CONDITIONAL USE
PERMIT FOR A WIRELESS COMMUNICATION ANTENNA
R011972153
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon apphcatton of Nextel Commumcattons, Inc , for
a Conchttonal Use Permit for a wtreless communtcatton antenna
on certatn property located on the west stde of Indian River Road
beginmng at a pomt 2000feet south of LYNNHA VEN Parkway
The requested antenna wtll be placed on a 600 square foot portton
of thts 1472 68 acre parcel KEMPSVILLE BOROUGH.
The following conditton shall be requtred
The proposed tower/antenna additton must be developed
as an expanston of the extsting Virgtnia Power pole
structure, not to exceed an overall hetght of liS feet, as
presented to the Planntng Commtsston and Ctty Counctl
and deptcted on the site plan entttled "NEXTEL Stte
Locatton Plan VA-1127-E, St Matthews, Vtrginta Beach,
Vtrgtnta," dated September 18, 1997
November 25, 1997
- 41 -
Item VII-L. 4.
PUBLIC HEARING
ITEM # 42904 (Continued)
PLANNING
These Ordtnances shall be effecttve in accordance with Sectton 107 (f) of the Zomng Or&nance
Adopted by the Council of the City of Vtrgtnia Beach, Virgtnta, on the TwenW_ -fi_fth o_f Novcmbcr Nir~¢teen
Hundred and Ntne~_ -Seven
Vottng. 10-0 (By Consent)
Counctl Members Vottng Aye
John A. Baum, Ltnwood 0 Branch, III,, Harold Hetschober,
Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor
Meyera E. Oberndorf Nancy K Parker, Vtce Mayor Wtlliam D.
Sessoms, Jr. and Lomsa M Strayhorn
Council Members Voting Nay'
None
Counctl Members Absent'
Wdham W Harrtson, Jr
November 25, 1997
- 42 -
Item VII-L. 5.
PUBLIC HEARING
ITEM ii 429O5
PLANNING
Attorney Edward Bourdon, Pembroke One Fifth Floor, Phone 499-8971, represented the apphcant
Gerrit W. Benson, 2840 South Lynnhaven Road, Phone 486-7055, registered tn OPPOSITION
Upon motion by Counctl Lady McClanan, seconded by Vice Mayor Sessoms, Ctty Council ADOPTED
Ordinance upon Apphcation of SHEAR DESIGNS, PATRICIA J. CANNON for a Change o_f Zoning
Dtstrtct Class#~cation
ORDINANCE UPON APPLICATION OF SHEAR DESIGNS,
PATRICIA J CANON FOR CHANGE OF ZONING FROM AG-2
TO B-1 Z011971093
BE IT HEREB Y ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon apphcatton of Shear Destgns, Patricta J Cannon
for a Change of Zomng Dtstrict Classtficatton from AG-2
Agrtcultural Distrtct to Condtttonal B-1 Netghborhood Bustness
Dtstrtct on the east stde of General Booth Boulevard, south of Las
Cruces Drtve the proposed zontng classtficatton change to
Condtttonal B-1 ts for netghborhood bustness land use The
Comprehenstve Plan recommends use of this parcel for office use
tn accordance wtth other Plan pohctes. Said parcel ts located at
1990 General Booth Boulevard and contatns 16,552.8 square feet.
PRINCESS ANNE BOROUGH
The followtng condition shall be required
1 Agreement encompasstngproffers shah be recorded with
the Clerk of the Circutt Court.
Thts Ordinance shall be effecttve tn accordance with Sectton 107 69 of the Zomng Ordtnance
Adopted by the Council of the Ctty of Vtrgtma Beach, Vtrgtma, on the Twen~. -_~fth of November Nineteen
Hundred and Nineff. -Seven
Voting: 10-0
Councd Members Vottng Aye
John A Baum, Ltnwood 0 Branch, III, Harold Heischober,
Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor
Meyera E. Oberndorf Nancy K Parker, Vice Mayor Wdliam D.
Sessoms, Jr and Loutsa M. Strayhorn
Council Members Voting Nay.
None
Counctl Members Absent
Wdham W. Harrtson, Jr
November 25, 1997
- 43 -
Item VII-L6.
PUBLIC HEARING
ITEM # 42906
PLANNING
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Council ADOPTED an
Ordinance upon applicatton of IVIDENER HOMES LTD.,for a Change o_f Zoning Dtstrtct Classtficatton:
ORDINANCE UPON APPLICATION OF WIDENER HOMES
LTD, FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-75 TO CONDITIONAL A-12
Z012971094
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon apphcation of Widener Homes Ltd for a Change
of Zoning Dtstnct Classtfication from R- 7 5 Single Family District
to Con&tional A-12 Apartment Dtstnct on certatn property located
on the north stde of Wttchduck Court, begtnmng at a potnt 280feet
more or less west of Witchduck Road. The density no greater than
12 dwelhng umts per acre The Comprehenstve Plan recommends
use of this property for pubhc/tnstttuttonal/government use in
accordance with other Plan pohctes. Satd parcel ts located at 52 7
North Wttchduck Road and contatns 1 acre BAYSIDE BOROUGH
The following condttton shall be requtred
1 Agreement encompassingproffers shall be recorded with
the Clerk of the Ctrcuit Court
This Or&nance shall be effective tn accordance with Section 107 69 of the Zoning Ordinance
Adopted by the Councd of the Ctty of Vtrgtnta Beach, Virgtma, on the Twen~_ -fifth o_f Novcmbcr Nlnetecn
Hundred ~nd Nine_tv-Seven
Voting: 9-0 (By Consent)
Counctl Members Voting Aye'
John A Baum, Ltnwood 0 Branch, III,, Harold Hetschober,
Barbara M Henley, Louts R Jones, Mayor Meyera E Oberndo~
Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Loutsa
M Strayhorn
Counctl Members Voting Nay:
None
Counctl Members Abstatmng
Reba S McClanan
Councd Members Absent'
Wtlliam W Harrtson, Jr
Counctl Lady McClanan DISCLOSED pursuant to Sectton 2 1-639 14(E), Code of Vtrgtnia, and
ABSTAINED on the apphcatton of Widener Homes, Ltd, as her husband personally provtdes legal
representatton to Aragona Vtllage Church of Christ, the owner of the property Counctl Lady McClanan 's
letter of November 25, 1997, ts hereby made a part of the record.
November 25, 1997
City of Virginia
REBA S MC CLANAN
COUNCILWOMAN
PRINCESS ANNE BOROUGH
3224 BURNT MILL ROAD
VIRGINIA BEACH, VIRGINIA 23452
PHONE (804) 340-8835
November 25, 1997
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Dear Mrs. Smith:
Re: Abstention Pursuant to Section 2.1-639.14(E), Code of Virginia
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(E), Code of
Virginia, I make the following declaration:
.
The transaction for which I am executing this written disclosure is the Council's
discussion and vote on the application of Widener Homes, Ltd. for a change of
zoning district classification from R-7.5 Single Family District to Conditional
A-12 Apartment District on the Northside of Witchduck Court, beginning at a
point 280 feet more or less west of Witchduck Road (527 North Witchduck
Road), containing 1 acre (Bayside Borough).
.
The nature of my personal interest is that my husband personally provides legal
representation to Aragona Village Church of Christ, the owner of the property
which is the subject of the application.
3~
The City Attorney has advised me that I am required to disclose my personal
interest as it meets the criteria of a personal interest in the transaction under the
Mrs. Ruth Hodges Smith
-2-
November 25, 1997
Re: Abstention Pursuant to Section 2.1-639.14(E), Code of Virginia
Conflicts of Interests Act, and that I am disqualified from participating in this
transaction.
Accordingly, I respectfully request that you record this declaration in the official
records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City
Attorney, which addresses this same matter.
Thank you for your assistance and cooperation in this matter.
Sincerely,
RM/sam
Enclosure
Reba S. McClanan
Councilmember
City of Virgini~ [3each
LESLIE L LILLEY
CITY A'I-rORNEY
MUNICIPAL CENTER
BUILDING 1
2.401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456 9004
(757) 427 4531
FAX (757) 426-5687
TDD (757) 427-4305
November 25, 1997
Councilmember Reba S. McClanan
Municipal Center
Virginia Beach, Virginia 23456
RE: Request for Conflict of Interests Act Opinion
Dear Councilmember McClanan:
I am writing in response to your request for an opinion regarding your ability to
participate in City Council's consideration of the application of Widener Homes, Ltd. for a
change of zoning district classification from R-7.5 Single Family District to Conditional A-12
Apartment District on the Northside of Witchduck Court, beginning at a point 280 feet more
or less west of Witchduck Road (527 North Witchduck Road), containing 1 acre (Bayside
Borough). This matter is currently scheduled for consideration by the Council at its
November 25, 1997 meeting.
SUMMARY CONCLUSION
From my review of the Conflict of Interests Act and the information provided by you,
I am of the opinion that you have a personal interest in the City Council's consideration of the
above-referenced application of Widener Homes, Ltd. for a change of zoning district
classification based on the fact that Aragona Village Church of Christ, owner of the property
which is the subject of the application, is personally represented by your husband on a
conditional sale of the property subject to the change in zoning classification. Therefore, it
is my opinion that you are disqualfied from participating in this transaction, and are required
to disclose your personal interest to the City Clerk. For your information, I have set out the
disclosure requirements of § 2.1-639.14(E) at the end of this letter.
Councilmember Reba S. McClanan
-2-
November 25, 1997
I base the aforesaid conclusions on the following facts which you have presented.
Please review and verify the accuracy of the facts set forth as you may only rely upon this
opinion if they are correct and complete.
FACTS PRESENTED
Your request for an advisory opinion is generated by City Council's consideration of
the application of Widener Homes, Ltd. for a change of zoning district classification from R-
7.5 Single Family District to Conditional A-12 Apartment District on the Northside of
Witchduck Court, beginning at a point 280 feet more or less west of Witchduck Road (527
North Witchduck Road), containing 1 acre (Bayside Borough). This matter is currently
scheduled for Council consideration at its November 25, 1997 meeting. You have advised that
your concern, and reason for requesting this opinion, is that Aragona Village Church of
Christ, owner of property which is the subject of the application, is personally represented by
your husband on a conditional sale of the property subject to the change in zoning
classification.
ISSUE PRESENTED
Are you precluded from participating in City Council's consideration of the application
of Widener Homes, Ltd. for a change of zoning district classification from R-7.5 Single
Family District to Conditional A-12 Apartment District on the Northside of Witchduck Court,
beginning at a point 280 feet more or less west of Witchduck Road (527 North Witchduck
Road), containing 1 acre (Bayside Borough)?
DISCUSSION
Application of Law
The State and Local Government Conflict of Interests Act (the "Act") is set forth in §§
2.1-639.1 et seq. of the Code of Virginia (1950), as amended. The primary focus of the Act is
on the personal interests of an officer or employee, or a member of his or her immediate family,
in the transactions of, and contracts with, the governmental or advisory agency of which he or she
is a member. The Virginia Beach City Council is a "governmental agency" as defined in the Act.
The critical inquiry, therefore, is whether your husband's legal representation of Aragona Village
Church of Christ causes you to have a personal interest in the transaction in question.
You have a "personal interest in a transaction" before the Council if your husband
represents a business or individual, and the business or individual (i) is the subject of the
Councilmember Reba S. McClanan
-3-
November 25, 1997
transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detriment as
a result of Council's action with respect to the transaction. In this case, because Aragona Village
Church of Christ owns the property which is the subject of the application, it is arguable that the
Church may realize a reasonably foreseeable benefit or detriment as a result of Council's action
on the application in question. The Attorney General has opined that "the definition of 'personal
interest in a transaction,' when such an interest is based on representation, requires that the officer
personally, provide the representational services." COI Advisory Opinion No. 9-Al0 (1989).
(Emphasis in original.) Based on the foregoing, you would be prohibited from participating in
a transaction which involves (or effects) a business or individual to which your husband personally
provides representational services. Therefore, since your husband personally provides legal
services to Aragona Village Church of Christ, it is my opinion that you have a personal interest
in the transaction before Council within the meaning of the Conflict of Interests Act.
Disclosure Requirements
Based on the fact that you have a personal interest in the application of Widener Homes,
Ltd. for a change of zoning district classification, you must disclose your interest and disqualify
yourself from participation in Council's discussion and vote on the application. The attached
disclosure letter, which meets the requirements of § 2.1-639.14(E), must be filed with the City
Clerk to be reflected in the public records for a period of five years from the date of recording
or receipt.
Please contact me should you have any additional questions or concerns.
Very truly yours,
Lesl~ey
City Attorney
LLL/KHL/sam
Enclosure
G ~USERS~CBURINGA ~WP~COItMCO_~4N~ COl
- 44 -
Item VII-M.
APPOINTMENTS
ITEM # 42910
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
CHESAPEAKE BAY PRESER VA TION BOARD (CBPA)
COMMUNITY SER VICES BOARD (CSB)
FRANCIS LAND HOUSE BOARD OF GOVERNORS
PENDLETON CHILD SER VICE MANAGEMENT BOARD
PLANNING COMMISSION
RESORT AREA ADVISORY COMMISSION (RAA C)
November 25, 1997
- 45 -
Item VII-M.2.
APPOINTMENTS
ITEM # 42911
Upon NOMINATION by Vice Mayor Sessoms, Ctty Councd REAPPOINTED.
James N. Banks
William J. Fanney
Douglas Wayne Huston
Henry L. Liras, Jr.
Four-year terms
1/1/98- 12/31/2001
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORA TIN (VBCDC)
Voting: 10-0
Council Members Voting Aye.
John A Baum, Ltnwood O. Branch, III, HaroM Heischober,
Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor
Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wilham D
Sessoms, Jr and Loutsa M Strayhorn
Counctl Members Vottng Nay:
None
Council Members Absent
Wdham W. Harrison, Jr
November 25, 1997
- 46-
Item VII-N.
NE W BUSINESS
ITEM # 42911
BY CONSENSUS, City Council ACCEPTED FOR THE RECORD:
ABSTRACT OF LEGAL CASES RESOLVED- OCTOBER 1997
November 25, 1997
-47-
Item VII-P.
ADJOURNMENT
ITEM # 42912
Mayor Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 6:52 P.M.
Hooks, CMC/AAE
Chtef Deputy Ctty Clerk
C~ty Clerk
Meyera E Oberndorf
Mayor
City of Vtrgtnia Beach
Vtrginta
November 25, 1997
-47-
Item VII-P.
AD JO URNMENT
ITEM # 42912
Mayor Oberndorf DECLARED the Ctty Councd Meeting ADJOURNED at 6:52 P.M.
Beverly 0 Hooks, CMC/AAE
Chtef Deputy City Clerk
Ruth Hodges Smith, CMC/AAE
City Clerk
Mayor
Ctty of Virginia Beach
Vtrgtnta
November 25, 1997