HomeMy WebLinkAboutJULY 13, 1993 MINUTES"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E OBERNDORF, At-Large
VICE MAYOR WILLIAM D SESSOMS JR At Large
JOHN A BAUM, Blackwater Borough
LINWcX)D 0 BRANCH III Vtrgmza Beach Borough
JAMES W BRAZIER, JR, I ynnhaven Borough
ROBERT W CLYBURN, Kempswlle Borough
ROBERT K DEAN, Pnncess Anne Borough
LOUIS R JONES Bay~de Borough
PAUL [ LANTEIGNE, Pungo Borough
JOHN D hdOSS At Large
NA2qC¥ K PARKER, At-Large
]AMES K SPORE, Cztv Manager
LESLIE L LILLEY C~ty Attorney
RUTH HODGES SMITH, CMC "AAE C~ty Clerk
CITY COUNCIL AGENDA
JULY 13, 1993
281 ( IT't ttALL BUILDING
MUN/( IP4L CEN'/ER
IR(dNIA BI 4( H ¥ IR(,INI4 234~6 900~
1804~ 427 430~
I. CITY MANAGER'S BRIEFINGS
- Council Chamber -
12:30 PM
A,
Bo
AMPHITHEATRE FEASIBILITY STUDY
Mark Wawner, Economic Development Project Manager
STORM WATER MANAGEMENT SERVICE DELIVERY OPTIONS ANALYSIS
Patricia A. Phillips, Director of Finance
II. INFORMAL SESSION
- Council Chamber -
1:45 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
III. FORMAL SESSION
- Council Chamber -
2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION:
Reverend Raymond B. Good
Bayside Christian United Church of Christ
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 - July 6, 1993
G. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the ordinary course of business
by City Council and will be enacted by one motion in the form listed. If an item is removed from
the Consent Agenda, it will be discussed and voted upon separately.
.
Resolution endorsing to the Commonwealth Transportation Board proposed
Transportation Enhancement projects; and, the City of Virginia Beach agrees to pay 20
percent of the total cost for planning, design and construction, including but not limited to
acquisition of easements and rights-of-way and if the City of Virginia Beach subsequently
elects to cancel any of these projects, they will reimburse the Virginia Department of
Transportation (VDOT) for costs they expended through the date VDOT is notified of such
cancellation.
.
Resolution endorsing the establishment of the Chesapeake Bay Alcohol Safety Action
Program (formerly known as Tidewater ASAP).
.
Resolution directing the Director of Finance to authorize Crestar Bank make payment of
$1,250.00 to the Chase Manhattan Bank, N.A. for lost bond coupons re Coupons #30
due October 1, 1992 at $125.00 each and detached from City of Virginia Beach, Virginia
General Obligation Public Improvement Bonds, Series of 1977, Numbered 2836, 2873
through 2879 inclusive, 2986 and 2987.
.
Ordinance to authorize acquisition of temporary and perpetual utility easements either by
agreement or condemnation:
a. Lakeville Estates Water Project (KEMPSVILLE BOROUGH).
b. North Seaboard Road Sewer Project (PRINCESS ANNE BOROUGH).
.
Ordinance to ACCEPT and APPROPRIATE a $10,000 Grant from the State Department
of Environmental Quality, Waste Division re purchase of Emergency Information System
Software (ElS/C) and providing support to the Local Area Planning Committee (LEPC).
.
Ordinance to APPROPRIATE $15,000 in Federal Emergency Management Agency
(FEMA) funds re training requirements for the Fire Department's Urban Search and
Rescue (USAR) Task Force.
1
Ordinance to APPROPRIATE $3,700 to the Department of Agriculture re abatement of
environmental damage to, or restoration of Wetlands in the City of Virginia Beach.
Se
Ordinance to ACCEPT and APPROPRIATE a $21,924 Grant from the Virginia
Chesapeake Bay Local Assistance Department; and, TRANSFER $12,544 from the FY
1993-1994 Reserve for Contingencies to the Department of Planning for a required cash
match.
.
Ordinance to ACCEPT and APPROPRIATE a $35,578 Grant from the State Department
of Criminal Justice Services; and, TRANSFER $11,859 from the General Fund Reserve
for Contingencies to the Virginia Beach Police Department re enhancing street level
narcotics enforcement through acquisition of specialized surveillance and
communications equipment.
10.
Ordinance re Closed Circuit Television System operated by the Virginia Beach Police
Department at the Oceanfront:
a.
ACCEPT and APPROPRIATE a $10,000 donation from the Resort Leadership
Council;
b.
TRANSFER $60,000 from the DEA Seized Property Special Revenue Fund
Reserve for Contingencies;
C.
TRANSFER $80,000 from the General Fund-Public Safety Technology
Reserve.
11.
Ordinance to TRANSFER $30,000 from the FY 1993-1994 Operating Budget General
Fund Reserve for Contingencies re repair of concrete driveways at the Kempsville Fire
Station.
12. Ordinances authorizing temporary encroachments:
a.
Into a portion of the City's right-of-way of Shore Drive to the United States of
America, Department of the Navy re maintaining a brick and cedar privacy fence
(BAYSIDE BOROUGH).
b.
Into City's property known as Lynnhaven Municipal Marina to Warner Athey re
maintaining a timber walkway (LYNNHAVEN BOROUGH).
H. RESOLUTION/ORDINANCES
.
Resolution authorizing City Manager to enter into an agreement with the City of
Chesapeake regarding usage of the Tidewater Detention Home, consistent with the FY
1993-1994 Operating Budget; $100,000 July 1, 1993, $400,000 September, 1993 and
$438,965 July, 1994.
Deferred:
June 22, 1993
.
Ordinance to APPROPRIATE $10,293,500 to the FY 1993-1994 Operating Budget of the
Department of Public Utilities re increased cost for the purchase of water from the City
of Norfolk; and, be offset by a corresponding increase in estimated revenues from sale
of water in the Water and Sewer Fund.
.
Ordinance to TRANSFER $43,300 from Storm Water Reserves to the FY 1993-1994
Operating Budget re In-House/Out-Sourcing Study for Storm Water Management.
I. PUBUC HEARING
.
PLANNING BY CONSENT
a.
Application of LAND & COATES, INC. for a Conditional use Permit for motor
vehicle rentals (Ryder Truck) at the Southwest corner of Bonney Road and
Chestnut Avenue (3775 Bonney Road), containing 30,718 square feet more or less
(LYNNHAVEN BOROUGH).
Deferred Indefinitely:
July 6, 1993
Recommendation: APPROVAL
b.
Application of JAN KOTTKE for a Conditional Use Permit for a child care center
at the Northeast corner of North Great Neck Road and Old Donation Parkway
(1000 North Great Neck Road), containing 20.102 acres (LYNNHAVEN
BOROUGH).
Recommendation:
APPROVAL
C.
Application of ROBERT W. MC'lYRE for a Conditional Use Permit for two (2)
additional single-family dwellings in the Agricultural District on the West side of
Fitztown Road, 1161 feet more or less South of Morris Neck Road (5465 Fitztown
Road), containing 10.89 acres (PUNGO BOROUGH).
Recommendation:
APPROVAL
d.
Application of CAROL YOUNG and ROBERT G. YOUNG, JR., for a Conditional
Use Permit for two (2) additional single-family dwellings in the AG-2 Agricultural
District on the West side of Princess Anne Road, 1056 feet North of West Neck
Road (1495 Princess Anne Road), containing 26.042 acres (PUNGO BOROUGH).
Recommendation:
APPROVAL
e.
Application of CARR THOMPSON for a Conditional Use Permit for motor vehicle
rentals on the East side of North Witchduck Road, North of Virginia Beach
Boulevard (362 North Witchduck Road, Suite #101), containing 4.27 acres
(BAYSIDE BOROUGH).
Recommendation:
APPROVAL
Petition of the CITY OF VIRGINIA BEACH for the discontinuance, closure and
abandonment of a portion of 19th Street beginning at the Eastern boundary of
Arctic Avenue and running in an Easterly direction a distance of 500 feet, being
80 feet in width and containing 40,000 square feet (VIRGINIA BEACH
BOROUGH).
Recommendation:
Staff Recommendation:
APPROVAL
DEFER INDEFINITELY
,
PLANNING
a. (1)
Ordinance for the discontinuance, closure and abandonment of a portion
of a 15 foot alley on the North side of Croatan Road, 100 feet East of
Atlantic Avenue and lying adjacent to Lots 1,2, 3, 13, 14 & 15, Block 23,
Croatan Beach, containing 2250 square feet in the petition of WHITT G.
SESSOMS, III (LYNNHAVEN BOROUGH).
Recommendation: FINAL APPROVAL
(2)
Ordinance to APPROPRIATE $18,000 from sale of street closure to ClP
Project fl2-052 Public Beach Improvements re acquiring additional public
beach access to Croatan Beach.
b.
Application of RODA ASSOCIATES for a Change of Zoning District Classification
from R-5D Residential Duplex District to B-2 Community Business District on the
South side of Dolton Drive, 940 feet more or less West of Alicia Drive (4847 Dolton
Drive), containing 36,024 square feet (KEMPSVILLE BOROUGH).
Referred back to Planning Commission April 27, 1993
Recommendation: APPROVAL
Co
Application of NEW HOPE BAPTIST CHURCH for a Cor}ditional use Permit for
a church (expansion) on the Southwest side of Old Great Neck Road at the
intersection with Reagan Avenue (395 Old Great Neck Road), containing 2.043
acres (LYNNHAVEN BOROUGH).
Recommendation:
APPROVAL
d.
Resolution referring to the Planning Commission proposed amendments to
Sections 502(A) and 502(E) of the City Zoning Ordinance and amendment to the
Appendix of the Comprehensive Plan re dimensional requirements.
J. APPOINTMENT
CITY OF VIRGINIA BEACH TOWING ADVISORY BOARD
K. UNFINISHED BUSINESS
L. NEW BUSINESS
M. ADJOURNMENT
CITY COUNCIL RECESS
JULY 14 - 31, 1993
If you are physically disabled, hearing or visually impaired
and need assistance at this meeting
please call the CITY CLERK'S OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM
7/6/93bp
AG ENDA\7-13- 93.PLN
-6-
CITY MANAGER'S BRIEFINGS
STORM WATER MANAGEMENT SERVICE DELIVERY OPTIONS ANALYSIS
ITEM # 37020
This item was RESCHEDULED to the FORMAL SESSION prior to the Ordinance to TRANSFER
$43,300 from Storm Water Reserves to the FY 1993-1994 Operating Budget re In-House~Out-Sourcing
Study for Storm Water Management.
July 13, 1993
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, V~rg~n~a
Mayor Meyera E. Oberndorf called to order the CITY MANAGER's BRIEFINGS of the VIRGINIA
BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 13, 1993, at
12:30 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W.. Clyburn, Robert IC Dean, Louis R. Jones, John D. Moss, Nancy IC
Parker and Mayor Meyera E. Oberndorf and l/ice Mayor Wilham D.
Sessoms
Council Members Absent:
Paul J. Lanteigne [ENTERED: 12.42 P.M.]
-2-
CITY MANAGER'S BRIEFINGS
AMPHITHEAT~ FEASIBILITY STUDY
12:30 P3/I.
ITEM # 37019
Mark Wawner, Economic Development Project Manager, advised in February 1993, City Council
ADOPTED an Ordinance establishing the Tourism and Growth Investment Fund (TGIF) to support
certain identified capital projects. Among these projects is the construction of an amphitheatre, within the
City, which would accommodate summer concerts and other public events. The ordinance also provided
appropriations to fund professional services to begin to examine the projects. To assist City Council tn
ascertaining the potential benefits of an amphitheatre facility, City staff prepared a request for proposals
(RFP) for a study of the market and economic feasibility of such a facility in the City. After evaluating
the proposals received in response to the RFP, the firm of Price Waterhouse was selected to conduct the
study.
Mr. David C. Petersen, Director - Sports and Convention Facility Advisory Group, Price Waterhouse,
presented the final report for the proposed Virginia Beach amphitheatre. Specifically, Price Waterhouse
has been directed to provide a market and financial assessment of the proposed project. Based on the
analysis performed, it appears an amphitheatre in Virginia Beach can be feasible under certain
conditions. The DRAFT report contains major assumptions and findings and is presented in the following
sections.
Market Area Overview
Competitive Facilities
Comparable Amphitheatre Facilities
User Surveys
Recommended Building Program
Estimated Utilization
Financial Operations Analysis
Development Cost Analysis
Economic and Fiscal Impact Analysis
Alternative Funding and Development Scenarios
Site Analysis
In the case of Virginia Beach, the proposed facility's market area rv likely to conform to the industry
standard of 50 miles or a one hour drive time. Virgima Beach is the twenty-seventh largest metro area
with a relatively affluent income. The age and growth characteristics are favorable. Within this geographic
area, there are two primary spectator entertainment facilities: Norfolk Scope and the Hampton Coliseum.
While these are indoor facilities and typically do not host the kinds of events of amphitheatres, they do
compete for the resident's dollar in terms of alternative entertainment events.
Mr. Petersen displayed Charts reflecting Annual Concert Activity (Cellar Door Events) and Total
Concert Attendance (Cellar Door Events) at Norfolk Scope and Hampton Coliseum. Because of greater
date availability and more aggressive management, the Hampton Coliseum presently hosts the majority
of the area's larger indoor concerts. The observation of the Virgtnia Beach market area indicates that,
while the Norfolk Scope and Hampton Coliseum currently compete for concerts, neither is likely to
compete directly with the proposed V~rginia Beach amphitheatre. Thts ts because most touring summer
concerts are better suited for outdoor music-specific venues than for indoor multipurpose arenas.
Therefore, given the absence of an existing music-specific venue within the market area, it is Price
Waterhouse's assessment that the proposed amphitheatre will operate in a relatively non-competitive
marketplace. It is also Price Waterhouse's assessment that this facility will appeal to a much broader
segment of the touring concert market, resulting ~n higher overall summer concert activity for the Virginia
Beach/Hampton Roads region. In all likelihood there will be an amphitheatre developed within the metro
area before the end of the decade.
July 13, 1993
-3-
CITY MANAGER'S BRIEFINGS
AMPHITH~T~ FEASIBILITY STUDY
ITEM # 37019 (Continued)
In selecting comparable facilities, Price Waterhouse identified only those facilities which were developed
within the last three years and had seating capacities in excess of 15,000. The facih'ties considered in this
analysis included:
Blockbuster Pavilion
Desert Sky Pavilion
Starlake Amphitheatre
Hardee's Walnut Creek
Starplex Amphitheatre
Coca-Cola Lakewood Amphitheatre
Charlotte, North Carolina
Phoenix, Arizona
Pittsburgh, Pennsylvania
Raleigh, North Carolina
Dallas, Texas
Atlanta, Georgia
Charts depicting the Virginia Beach Amphitheatre Market Area Demographic Profile and Income
Profile were displayed. Relative to the six comparable markets, Virginia Beach has the smallest market
area in terms of total population and households. The expected growth rate of the Virginia Beach market
area is consistent with the average growth rate for the six comparable markets. Virginia Beach market
area residents have a higher median household income than residents of Charlotte, Pittsburgh and
Raleigh. In terms of income stratification, 40.4 percent of Virginia Beach area households have income
levels below $24,999. Half of the comparable markets have a lower percentage of total households with
incomes below this threshold The percent of market area attendees within the prime concert age bracket
(15-44) for Virginia Beach is consistent with the identified comparable markets. However, in terms of
prime target market size, Virginia Beach ranks last when compared with the six comparable markets.
Total seating capacity of the six comparable facilities is consistent, ranging from 18,500 - 20,000 total
seats. In terms of fixed seats to total seats, the average ratio for the six comparable facilities is .37.
To further access potential support for the utilization of the proposed Virginia Beach amphitheatre, it is
important to consider viewpoints of area concert promoters and potenttal facility users. In this task,
detailed interviews were conducted with area promoters and regional amphitheatre managers familiar with
the Virginia Beach market area. Additionally, Price Waterhouse spoke with potential users identified by
Virginia Beach officials. Each person interviewed provtded candid observattons. Area promoters stated
that Virginia Beach and Richmond are two distinct and separate market areas. There ts a very limited
concert activity because of the absence of an outdoor facility. Area promoters stated that the strength of
Virginia Beach's concert market rested primarily with tts resident population base To successfully attract
larger concert acts/groups, concert promoters intervtewed recommended a seating capacity (fixed and
lawn) of approximately 15,000 - 20,000 seats for the proposed amphitheatre.
Concerning the Building Program, Price Waterhouse recommended a total seating capacity of 16,000 -
18,000 seats. Of these, 7,500 seats should be .fixed and covered, while the balance should be lawn
seating. This will provide the facility a relatively high ratio of fixed seats to total seats, a feature
considered desirable by concert promoters.
Additionally, based on observations of several recently developed facilities, Price Waterhouse recommends
that the facility have approximately 30 - 35 luxury suites tncorporated into its original budding program,
with 4 or 6 seats per suite. Several amphitheatre operators stated that, as a rule of thumb, the facility
should have one parking space for every three attendees. Therefore, assuming 16,000 - 18,000 seats, a
total parking capacity of 5,333 - 6,000 spaces will be needed.
Concerning Utilization, Price Waterhouse estimated 35-40 events per year, drawing between 300,000 and
350,000 attendees. Mr. Petersen displayed a chart estimating attendance over a five-year period.
July 13, 1993
-4-
CITY MANAGER'S BRIEFINGS
AMPHITHEA TRE FEASIBILITY STUDY
ITEM # 37019 (Continued)
Concerning Financial Operations Analysis, estimates of operating revenues and expenses are based on
an analysis of financing characteristics of comparable facilities, historical performance data from Virginia
Beach area concert venues and input from concert promoters and industry officials
Estimated Operating Revenues and Expenses were depicted by Mr. Petersen
Year 1 Year 2 Year 3 Year 4 Year 5
Operating Revenues
Gross ticket sales $4,796,000 $5,487,000 $6,054,000 $6,321,000 $6,598,000
Less: Event costs 4,508,000 5,158,000 5,691,000 5,942,000 6,202,000
(1)
Building event share 288, 000 329, 000 363, 000 379, 000 396, 000
Concessions 584, 000 669, 000 738, 000 770, 000 804, 000
Novelty 209, 000 239, 000 263, 000 2 75, 000 28 7, 000
·
Parking 2 78, 000 305, 000 322, 000 322, 000 322, 000
Advertising 425,000 451, 000 477, 000 503,000 529, 000
promotion
Preferred seating 69, 000 69, 000 69, 000 69. 000 69, 000
Total Operating 1,853,000 2,062,000 2,232,000 2,318.000 2,407.000
Revenues
Operating Expenses
Salaries, wages, 465, 000 485, 000 507, 000 529, 000 552, 000
benefits
Utilities 145, 000 151, 000 158, 000 165, 000 172, 000
Insurance 49, 000 55, 000 60, 000 63, 000 66, 000
Ma in ten an ce, ] 40, 000 146, 000 153, 000 159, 000 166, 000
supplies
Marketing 145, 000 151, 000 158, 000 165, 000 172, 000
Other 105,000 110, 000 114,000 119,000 125,000
Total Operating 1.049,000 1,098,000 1.150.000 1,200,000 1,253,000
Expenses
Estimated $ 804,000 $ 964'000 $1,082,000 $1,118,000 $1,154,000
Operating Revenues
Over Operating
Expenses before
Building Rentals
Percentage of 13% 13% 14% 14% 13%
Gross Revenues
-5-
CITY MANAGER'S BRIEFINGS
AMPHITHEATRE FEASIBILITY STUDY
ITEM # 37019 (Continued)
Mr. Petersen cited the Comparable Facility Development Costs and the Economic and Fiscal Impact
Analysis.
The analysis of comparable projects included a survey of various public-private joint venture agreements
which have been used in developing several recently-constructed amphitheatres. The facilities profiled
included:
Hardee's Walnut Creek Amphitheatre
Glen Helen Park Amphitheatre
Blockbuster Desert Sky Amphitheatre
Starplex Amphitheatre
Raleigh, North Carolina
San Bernardino, California
Phoenix, Arizona
Dallas, Texas
According to the Amphitheatre Locational Study prepared by the Department of Economic Development,
there are six sites presently under consideration by City officials. The four candidate sites (excluding the
Mount Trashmore H site which is no longer being considered) which received the highest rankings by the
Department of Economic Development and which were considered in this analysis included.
Princess Anne Commons
Buffington
Corporate Landing
Landstown
Based on information provided, the Buffington site has the highest overall marketability rating. This
concurs with the findings contained in the ,4mphitheatre Locational Study. However, it is essential that
road improvements or traffic management plans be made which will shorten the dispersal time for this
site. Failure to do so may significantly limit this site's marketability and overall project feasibility.
July 13, 1993
-7-
ITEM # 37021
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 13, 1993, at 1:55 P.M.
Council Members Present:
John A. Baum, Linwood O. Branc& III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Absent:
None
-8-
ITEM # 37022
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes:
PERSONNEL MATTERS: Discussion or consideration of or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
21-344 (A) (1).
To-Wit: Community Services Board
To-Wit: Appointments - Boards and Commissions:
City of Virginia Beach Towing Advisory Board
LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provtsions of
legal advice by counsel pursuant to Section 2 1-344(A)(7).
To-Wit: Subdivision of Property - Muller Lane - Lynnhaven Borough
Upon motion by Vice Mayor Sessorns, seconded by Councilman Brazier, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor
William D Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
July 13, 1993
-9-
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
July 13, 1993
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 13, 1993 at 2:00 P.M
Council Members Present:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lantetgne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and V~ce Mayor
William D. Sessoms, Jr.
Council Members Absent:
None
INVOCATION:
Reverend Raymond B. Good
Bayside Christian United Church of Chrtst
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 10 -
Item III-E. 1.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 37023
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, &scussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy K~ Parker and V~ce Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
July 13, 1993
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 # 37022 Page No. 8, 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(uth Hodges Smith, CMC/AAE
City Clerk
July 13, 1993
- 11 -
Item III- F. ].
MINUTES
ITEM # 37O24
Upon motion by Vice Mayor Sessorns, seconded by Councilman Clyburn, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of July 6, 1993.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
July 13, 1993
- 12 -
Item III-G.
CONSENT AGENDA
ITEM # 37025
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED in
ONE MOTION Items 2, 3, 4, 5, 6, 7, 8, 9, 10 (AS CORRECTED), and 12 a/b of the CONSENT
AGENDA.
Items 1 and 11 were voted upon separately.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W
Clyburn, Robert I~ Dean, Louis R. Jones, Paul J Lantetgne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
July 13, 1993
- 13 -
Item III-G. 1.
CONSENT AGENDA
ITEM # 37O26
Upon motion by Councilman Brazier, seconded by Council Lady Parker, City Council ADOPTED, AS
AMENDED:
Resolution endorsing the Commonwealth Transportation Board's
proposed Transportation Enhancement projects; authorizing the City of
Virginia Beach to pay twenty percent (20%) of the total cost for
planning, design and constructton, including but not limited to acquisition
of easements and rights-of-way; and, should the City of Virginia Beach
cancel any of these projects, Virginia Department of Transportation
(VDOT) will be reimbursed for costs they expended prior to the date of
cancellation.
Voting: 11-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr, Robert W..
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
This was voted upon after the Planning Agenda and the Storm Water Management Delivery Options
Analysis.
RESOLUTION OF ENDORSEMENT TO THE COMMONWEALTH
TRANSPORTATION BOARD FOR THE ATTACHED LIST OF
TRANSPORTATION ENHANCEMENT PROJECTS LOCATED IN
THE CITY OF VIRGINIA BEACH
WHEREAS, the Virginia Department of Transportation, along with the Vlrg~ma
6 Department of Rail and Public Transportation and the Federal Highway Administration, has
7 announced the availability of Transportation Enhancement Funds for qualified projects; and
WHEREAS, up to 14 million dollars may be available to Virginia localities for
9 transportation enhancement projects during the 1993-94 fiscal year; and
10
WHEREAS, the City Council has been advised that projects funded by this program
11 require a local match, either in-kind or cash, of twenty percent; and
12
WHEREAS, the City Council has been further advised and acknowledges that in the
13 event the City elects to cancel a project funded by this program prior to its completion, the C~ty
14 shall be required to reimburse the Virginia Department of Transportation for funds expended for
15 such project; and
16
WHEREAS, the Metropolitan Planning Organization has endorsed the City's proposed
17 transportation enhancement projects; and
18
WHEREAS, in accordance with Commonwealth Transportation Board construction
19 allocation procedures, a resolution of endorsement must be received from the City Council
20 before the Virginia Department of Transportation will program an enhancement project in the
21 applicant' s locality; and
22
WHEREAS, the City Council recognizes the importance of transportation enhancement
23 projects as a way of integrating transportation into our community and natural environment.
24
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA: That the Council hereby endorses to the Commonwealth
26 Transportation Board the attached list of proposed transportation enhancement projects subject
27 to the following conditions: (1) prior to its approval and acceptance by the City of Virgima
28 Beach, the Virginia Department of Transportation shall submit a complete and accurate
29 accounting of costs associated with any programmed or selected project ~ncludlng, but not
30 limited to, costs of acquisition of easements and right-of-ways, and (2) any project programmed
31 or selected by the Virginia Department of Transportation shall be subject to a pubhc hearing
32 before the City Council prior to its approval and acceptance by the City of Virginia Beach.
33
BE IT FURTHER RESOLVED, that the City of Virginia Beach hereby agrees to pay 20
34 percent of the total cost for planning, design and construction, ~ncluding but not hmited to
35 acquisition of easements and rights of way for programmed or selected these projects that have
36 been approved and accepted by the City of Virginia Beach.
37
BE IT FURTHER RESOLVED, in the event i-f the City of Virgima Beach subsequently
38 elects to cancel any,.,."c ...,...o.. ...... ~,..,j,.,..o:^"'~ previously approved and accepted proJect, it hereby agrees
39 to reimburse the Virginia Department of Transportation for the amount of the costs expended
40 by the Department through the date the Department is notified of such cancellation based on the
41 accounting of costs submitted to the City of Virginia Beach by the Virg~ma Department of
42 Transportation.
43 ADOPTED by the Council of the City of Virgima Beach, V~rg~ma, this 13 day of
,July , 1993.
44
APPROVED AS TO CONTENTS
SiG/NAiURE
RTMENT
APPROVED AS TO LEGAL
SU, F :C~F.I'~CY ,~,NJD.~ORM
CITY ATTORNEY.
- 14 -
Item III-G. 2.
CONSENT AGENDA
ITEM # 37027
Upon motion by Vice Mayor Sessorns, seconded by Council Lady Parker, City Council ADOPTED:
Resolution endorsing the establishment of the Chesapeake Bay Alcohol
Safety Action Program (formerly known as Tidewater ASAP)
Voting: 11-0
Council Members Voting Aye:
John/1. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
RESOLUTION ENDORSING THE ESTABLISHMENT OF
CHESAPEAKE BAY ALCOHOL SAFETY ACTION
PROGRAM TO REPLACE THE TIDEWATER ASAP.
WHEREAS, the Commonwealth of Virginia in the interest of highway safety has
provided by law for programs for probation, education, and rehabilitation or persons charged with
driving motor vehicles under the influence of alcohol beverages and other self administered drugs,
such programs being collectively known as Virginia Alcohol Safety Action Program or VASAP;
WHEREAS, the Chesapeake Bay Alcohol Safety Action Program (formerly known as
Tidewater ASAP) was established on December 3, 1975, for the purpose of providing probation,
education and rehabilitation of persons charged with or in violation of Sec. 18.2-266 of the Code
of Virginia, or of a similar ordinance of any county, city or town;
WHEREAS, Sec. 18.2-271.1 and Sec. 18.2-272.2 of the Code of Virginia requires the
establishment of a VASAP Commission and that commission establish procedures for operation
of local programs; and
WHEREAS, the VASAP Commission in its meeting on April 3, 1987, issued a directive
that all local VASAP programs would immediately establish and implement independent policy
boards representative of all localities served by the program, to operate the program.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach
that the Council endorses the establishment of an independent policy board of the Chesapeake
Bay ASAP; and that
(1)
(2)
(3)
(4)
The board shall consist of 18 members, one person appointed from the governing body
of each participating jurisdiction for a term of at least two (2) years;
The balance of the board shall be selected by majority vote of appointed members to
serve terms of one year each and shall include persons representing education, police,
courts, and citizens;
The program shall be operated by the policy board in compliance with Commission
policies and procedures and local mandates;
The Executive Director shall prepare and submit for approval to the policy board for each
fiscal year a budget to include client fees and any other available funds as deemed
appropriate by the board, but will include no costs to the participating jurisdictions. The
Commission on VASAP shall be responsible for funding any deficit occurring in the
operation of Chesapeake Bay ASAP program.
(5)
(6)
Participating cities or counties may withdraw at any time by official action of its
governing body and appropriate notice to the policy board. If a locality withdraws, its
representative shall no longer serve on the policy board.
Title of property acquired by the board shall be vested with the board so long as two or
more jurisdictions continue to participate in its operation. In the event that all local units
of government withdraw and the Commission on VASAP withdraws its endorsement; the
property owned by the board shall be sold at public auction and the proceeds of such sale
shall be divided between the program area cities, Norfolk and Virginia Beach and the
counties of Northampton and Accommack; each city's or county's share to be equal to
that city's or county's population as it relates to the total population of the two cities and
two counties combined population.
Adopted by the Council of the City of Virginia Beach on 13 day
July 1993.
.'
of
APPROVED
LEGAL GU': - . ~ ' (.Y
· TIDEWATER VIRGINIA
ALCOHOL SAFETY ACTION PROGRAM
'Seromg the C~t~es of Norfolk and Vzrgmza Beach
June 23, 1993
The Honorable Meyera E. Oberndorf
Office Of The Mayor
City Of Va. Beach
Municipal Center
Va. Beach Va. 23456
Virginia Beach Office
5163 Cleveland Street
Virginia Beach, Virginia 23462-6588
(804) 552-1800
FAX 552-1879
Dear Mayor Oberndorf,
As of July 1, 1993, Tidewater ASAP will be known as Chesapeake
Bay ASAP to reflect a merger with the Eastern Shore ASAP program.
No services will change and the main office will continue to be
located at 5163 Cleveland St. in Va. Beach.
I would also like to take the opportunity to thank you and the
council for the appointments of Robert Dean and Linwood Branch to
the Tidewater ASAP Policy Board. I am certain that they will
provide the type of support needed by Chesapeake Bay ASAP.
Enclosed you will find a copy of a resolution that needs
adoption by the Virginia Beach City Council. The resolution
requires no financial support from the City only an agreement to
utilize the program and provide a representative from the council.
If you have any questions regarding this matter, please feel free
to contact me at 552-1800. If you will notify me of the date that
this resolution will be presented, I will plan to be in attendance
to answer any questions that the council may have.
I hope to talk with you in the near future.
Sinq~rely, ~
Val Livingston, MSW
Executive Director
- 15 -
Item III-G. 3.
CONSENT AGENDA
ITEM # 37028
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Resolution to authorize Crestar Bank make payment of $1,250.00 to the
Chase Manhattan Bank, N~A. for lost bond coupon (Coupon #30 due
October 1, 1992) at $125.00 each and detached from City of Virginia
Beach, Virginia, General Obligation Public Improvement Bonds, Series
of 1977, Numbered 2836, 2873 through 2879 inclusive, 2986 and 2987.
Voting: 11-0
Council Members Voting Aye:
John A. Baton, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay.
None
Council Members Absent.
None
A RESOLUTION TO AUTHORIZE REPLACEMENT
OF A LOST BOND COUPON
WHEREAS, The Chase Manhattan Bank, N.A. of 4 Chase Metrotech Center,
Brooklyn, NY 11245 has affirmed that it is the sole legal and beneficial owner of coupons
#30 due October 1, 1992 @$125.00 each, totaling $1,250.00, and detached from City of
6 Virginia Beach, Virginia General Obligation Public Improvement Bonds, Series of 1977,
numbered 2836, 2873 through 2879, inclusive, 2986, and 2987. Each of these bonds has a
denomination of $5,000, bears interest at 5% per annum, is dated December 1, 1977, and
9 matures October 1, 1996;
10
WHEREAS, The Chase Manhattan Bank, N.A. has also affirmed that the said
11 bond coupons have been lost; and
12
WHEREAS, The Chase Manhattan Bank, N.A. has complied with all legal
13 provisions to effect replacement of said bond coupons by providing appropriate affidavit and
14 indemnity
15
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
16 CITY OF VIRGINIA BEACH, VIRGINIA that the Director of Finance is directed to
17 authorize Crestar Bank, the Paying Agent on said bond issue, to make payment to The
18 Chase Manhattan Bank, N.A. of 4 Chase Metrotech Center, Brooklyn, NY 11245 for the
19 aforementioned lost bond coupons in the amount of One Thousand Two-Hundred Fifty
20 Dollars ($1,250.00)
21
Adopted by the Council of the City of Virginia Beach, Virginia on the 13
22 day of July , 1993.
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
CITY A~ORNEY
Crestar Bank
PO Box 26665
R~chmond, Virg~ma 23261-6665
(804) 782-5000
June 15, 1993
,-
Patricia Phillips
Finance Director
Municipal Center
Virginia Beach, VA 23456
Re: Lost Bonds/ Coupons
Dear Ms. Phillips:
We have enclosed one copy of the Bond of Indemnity executed by
Chubb Group Of Insurance Companies, with supporting papers, for
the purpose of replacing the security or paying in lieu of
presentation for the following issue:
City of Virginia Beach Public Improvement Bond series 1977
Dated 12/1/77 Due 10/1/96 Rate 5.% Cusip ~927736VM7
Bonds 2836, 2873-79, 2986-87
Missing coupon #30 due 10/1/92 totaling $#1,250.00
We would greatly appreciate receiving approval to effect this
replacement and/or paying in lzeu of presentation.
Thank you for your cooperation in this matter, zf you have any
questions, please do not hesitate to contact our office at (804)
782-5321.
Sincerely,
Betty L. K~r
Corporate rust Operations
APPROVED BY DATE
cc: The Chase Manhattan Bank
Attn: Devron Gambrell
4 Chase MetroTech Center
Brooklyn, NY 11245
Enclosure
CHUBB GROUP OF INSURANCE COMPANIES
FEDERAL INSURANCE COMPANY
BOND NO. P66074
95000-623
BOND OF INDEMNITY
(FIXED PENALTY)
KNOW ALL MEN BY THESE PRESENTS, that
FEDERAL INSURANCE COMPANY
a corporation duly organized and existing under and by virtue of the
laws of the State of Indiana and duly authorized to transact the
business of Insurance in the State of New York and all other States in
the United States of America and having an office and place of
business in New York State at 100 William Street, New York, N.Y.
10038, as Obligor (hereinafter called the "Obligor" is held and
firmly bound unto
CITY OF VIRGINIA BEACH PUBLIC IMPROVEMENT BOND
CRESTAR BANK
individually and/or as Trustee, Depositary, Fiscal, Paying or
Disbursing Agent, Registrar, Transfer Agent, (and unto any other
Trustees, Depositaries, Fiscal, Paying or Disbursing Agents or
Agencies, Registrars and/or Transfer Agents), their respective legal
representatives, successors and assigns (hereinafter collectively
called "Obligees"), in an aggregate sum, *lawful money of the United
States of America, sufficient to indemnify the Obligees under the
conditions of this bond as hereinafter set forth, but not exceeding
the maximum amount for which Obligor may obligate itself on the date
of this bond in respect of any one risk or hazard under any law
governing the validity or performance of this bond, said sum to be
paid to Obligees, their respective legal representatives, successors
or assigns, as interest may appear; for which payment well and truly
to be made the Obligor binds itself, its legal representatives,
successors and assigns, jointly and severally, firmly by these
presents.
* $1,250.00
SEALED with its seal and executed in THREE counterparts the 13th day
of May, 1993.
WHEREAS, the Obligor represents that THE CHASE MANHATTAN BANK N.A.
is/are the unqualified owner(s) of 10 COUPONS NO. 30 @ $125.00 EACH
(TOTAL $1,250.00) DUE 10/1/92 DETACHED FROM CITY OF VIRGINIA BEACH,
PUBLIC IMPROVEMENT BOND SERIES 1977 DTD 12/1/77 DUE 10/1/96 5% BOND
NOS. 2836, 2873-79 & 2986-87 IN BEARER FORM (such security or
securities being hereinafter called "original" or "originals"), and
that the same has/have been mislaid, lost, destroyed, or wrongfully
taken and cannot be found or produced, by vi£tue of which the Obligor
has requested Obligees to issue and deliver to THE CHASE MANHATTAN
BANK N.A. or his/her/its order a new or duplicate instrument or
instruments (hereinafter sometimes called "duplicate" or
"duplicates"), or to pay to THE CHASE MANHATTAN BANK N.A. or credit to
his/her/its account the amount due on said original or originals
without surrender or presentation thereof for cancellation or stamping
or for any other purpose; and
Form 30-02 0003 (Rev 4 90)
WHERSAS, on the faith of the foregoing representations and in
consideration of this bond of ~ndemnity, Obligees have complied or
have agreed to comply with said requests.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE, that if
the Obligor, the legal representatives, successors or assigns of the
Obligor or any of them, shall in case the original or originals be
found or come into the hands, custody or power of any of them, or
into the hands, custody or power of any person, deliver or cause the
same to be delivered unto Obligees in order to be cancelled, and
shall also at all t~mes defend, indemnify and save harmless 0 bligees
from and against any and all claims, actions and su~ts, whether
groundless or otherwise, and from and against any and all
liabilities, losses, damages, costs, charges, counsel fees and other
expenses of every nature and character by reason of the original or
originals and/or the issuance of a duplicate or duplicates in lieu
thereof or ~n lieu of any ~nstrument or ~nstruments of purported like
issue and amount which because of alteration, change or counterfeit
may or may not be identified as the sa~d mislaid, lost stolen or
destroyed original or originals, or the making of any payment,
credit, transfer, registration, conversion, exchange, or delivery in
respect of the original or originals without surrender thereof and/or
in respect of the duplicate or duplicates, whether or not caused by
based upon or arising out of the honoring or refusing to honor the
original or originals when presented by anyone, and/or whether or not
caused by, based upon, or arising out of ~nadvertence, accident,
oversight or neglect on the part of Obl~gees, or any of them, or
their respective officers, agents, clerks or employees and/or
omission or failure to ~nqu~re into, contest or litigate the right of
any applicant to receive any payment, credit, transfer, registration,
conversion, exchange, issue or delivery ~n respect of the original or
originals and/or the duplicate or duplicates issued in lieu thereof,
and/or caused by, based upon or arising out of the release of any
security or the satisfaction of any instrument or instruments, under
which the original or originals and/or duplicate or duplicates are
issued or secured, and/or caused by, based upon or arising out of any
other matter or thing whatsoever, then this Obligation shall be void;
otherwise shall remain in full force and effect.
Obligor further agrees that ~f the mislaid, lost, stolen, or
destroyed original or originals be found or come into the hands,
custody or power of any person or into the hands, custody or power of
the Obligees or any of them for any purpose other than cancellation
w~thout reissue, the Obligor will forthwith on demand obtain and
deliver to the Obllgees either such original or originals or such
duplicate or duplicates or will pay to the 0bligees a sum of money
sufficient to enable the Obligees to purchase in the open market
securities of the same issue and amount as the original or originals.
Obligor further agrees that, ~n case of any default under the
conditions of th~s bond, the Obligor waives and releases any and all
right or claim against Obl~gees, or any of them whether by way of
subrogation or otherwise, for any loss, expense or liability incurred
by the Obligor caused by, based upon or arising out of the
enforcement of this bond by the Obligees or any of them. (No
inaccuracy in the description of the securities herein referred to as
original or originals shall alter, modify or affect the obligations
of the Obligor hereunder.) Obligor agrees that its liability
hereunder shall be absolute, subject only to the conditions herein
expressed.
FEDERAL INSURANCE COMPANY
/t .~r...~/ Fact
. ......
torney-in-
/
POWER OF ATTORNEY
Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 15 Mountain V~ew Road, Warren, New Jersey, an ~d~ana Corporation
has constduted and appointed and does hereby constdute and appoint Mark A Cook, Christopher J Frankhn, Dorothy Kern, 'lorn DeSanhs, Patnc~a F~chera,
Joanne Squdlace, Angela Babbs, Carol Fleming and Wdham Br~ck of New Providence, New Jersey
each ~ts true and lawful Attorney m-Fact to execute under such designation ~n ~ts name and to affix ds corporate seal to and dehver for and on ds behalf any
and all Lost Instrument Bonds whereto the sa~d FEDERAL INSURANCE COMPANY ~s named as Obhgor
In Witness Whereof, the sa~d FEDERAL INSURANCE COMPANY has pursuant to ds By Laws caused these presenls Io be s~gned by ~ls V~ce President and Assmtant Secretary and ds corporale seal to be hc, reto
affixed th~s l.t day of May 1991
Rmhard D O Connor
Assistant Secretary
STATE OF NEW JERSEY '~, ~,
CoHnly of Sr)nlnr~,l
FEDERAI..~SURANCE COMPANY
V~ce President
On th~s 1si day of May 1991 before me personally came Richard O O Connor to me known and by me known to be Asslslant Secretary of the FEDERAL INSURANCE COMPANY the Corporahon de%abed
m and wbmh executed the foregoing Power of Attorney and the said Richard D O Connor being by me duly sworn did depose and say lhat he m Assistant Secrelary of the FEDERAL INSURANCE COMPANY
and knows the corporate seal Ihereof thal the '~pal affixed to lhe foregoing Power of Atlorney ~s such colporate ~eal and ,vas the~elo affixed by authorffy of the By Laws of smd Company and lhat he s~qned sa~d
Power of Attorney a'~ As~r<;tanl Secretary of ~md Company by hke authordy that he m '~quamled wdh Janm,; D Dp<on and know~ him lo be V~r e Presrdr'nl of smd Company ;~nd that th,:' signature of said lames
D D~xon m~b~cr~hed to qmd Power of AItorney m m the grmume handwriting of smd James D D~:.'on and was Ilmrelo slJbscrlbed by aulhorlly of sa{d By Laws and rn depormnl s pre, sene.
Acknowledqed and Sworn to before me
on the date above Wrllten
Notary Pubhc Slale of Nc, w Jorsr, t No 2091352
(omm~ss~on Expires July 29 1996
Financial Statement of Federal Insurance Company as of December 31, 1991
ASSETS
Umted States Treasury Bonds
Umted States Government and Federal
Agency Guaranteed Bonds
State and Mumc~pal Bonds
Other Bonds
Common Stocks
Preferred Stocks
Other Invested Assets
Short Term Investments
Real Estate
Mortgage Loans
TOTAL INVESTMENTS
IN THOUSANDS OF DOLLARS
STATUTORY BASIS
$ 282,262
276,399
2,504,531
327,922
431,494
17,982
135,293
36,848
23,884
8,360
4,044,975
LIABILITIES AND
SURPLUS TO POLICYHOLDERS
Outstanding Losses and Loss Expenses
Unearned Premiums
Accrued Expenses
Non-Admitted Reinsurance
Dw~dends Payable to Pohcyholders
Loss Portfolio Transfer
Other Llabd~hes
$3,175,049
897,659
87,700
37,713
24,287
(150,420)
170,898
TOTAL LIABILITIES
4,242,886
Investments m Afhhates Wgdant Insurance Company
Great Northern Insurance Company
Pacdlc Indemmty Company
Bellemead Development Corporahon
CC Canada Holdings Ltd
Other Afhhates
Cash
Net Premiums Receivable
Reinsurance Recoverable on Prod Losses
Other Assets
TOTAL ADMITTED ASSETS
237,865 Capital Stock
82,604 Pa~d-ln Surplus
389,790
401,476 Unassigned Funds
97,413 Unreahzed Apprec~ahon of Investments
64,450
24,501 SURPLUS TO POLICYHOLDERS
412,121
20,042
137,779 TOTAL LIABILITIES AND SURPLUS
$5,913,016 TO POLICYHOLDERS
Investments are valued ~n accordance w~th requirements of the Nahonal Association of Insurance Commissioners
Investments valued at $15,657 are deposited wdh government author~hes as required by law
13,987
472,986
767,742
415,415
1,670,130
$5,913,016
NOTARIAL ACKNOWLEDGEMENT
CITY OF WARREN, STATE OF NEW JERSEY, ss
On this. 13th day of May 19 93 , before me personally came Dorothy Kern
to me known, who, being by me duly sworn, d~d depose and say that he ~s an Attorney-~n-Fact of the
FEDERAl INSURANCE COMPANY, the Corporation descnbed m and whtch executed the annexed ~nstrument, that he knows the corporate seal, that ~t was so
afhxed by order and authonty of the 8oard of D~rectors of sa~d corporahon, and that he s~gned h~s name thereto by hke order and authority
Nolanal Seal
Acknowledged and Sworn to before me on the date above wr,tten
Notary Pubhc
STATE OF NEW JERSEY
County of Somerset
ss CERTIFICATION
I the undersigned As,~stant Secrelary of the FEDERAL INSURANCE COMPANY, do hereby cerhfy Ihal the following m a Irue excerpt from Ihe By Laws of lhP said Company as adopted by ~ts Board of D~reclors
on March 2, 1990 and that th~s By Law ~s m full force and effect
ARTICLE XVIII
Sechon 2 All bonds, undertakings, contracts and other Instruments other than as above for and on behalf ot the Company whmh ~t ~s authorized by law Or ~t'~ charter to execute may and shall be executed
m the name and on behalf of the Company e~ther by the Chairman or lhe Vine Chairman or the President or a V~ce President, iomlly w~th Ihe Secretary or an Assistant Secretary under their respective
des~gnat,ons except that any one or more ofhcers or attorneys-m-fact designated ~n any resoluhon of the Board of D~rectors or the Executive Committee, or m any power of allorney executed as prowded
for m Section 3 below, may execute any such bond, undertaking or other obhgahon as prowded m such resoluhon or power of attorney
Sechon ~ All powers of attorney for and on behalf of the Company may and shall be executed ~n the name and on behalf of the Company e~ther by the Chairman or the V~ce Chairman or the President
or a V~ce President or an Assistant V~ce President iomlly w~th the Secretary or an Asmstanl Secretary under their respechve des~gnahons The s~gnature of such ofhcers may be engraved printed or hthograph
ed The s~gnature of each of the following ofhcers Chairman V~ce Chairman, President any Vice President any Assistant V~ce President any Secretary any Assistant Secretary and the seat of the Company
may be afhxed by facs~mde to any power of attorney or to any certlhcate relahng thereto appointing Assmtant Secretanes or Attorneys in Fact for purposes only of executing and attesting bonds and undertakings
and other wntmgs obhgalory ~n lhe nature thereof and any such power of allorney or cerhhcale bearing such facslmde s~gnalure or facs~mde seal shall be valid and binding upon the Company and any
such power so executed and cert. d~ed by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached
I further cerhfy that smd FEDERAL INSURANCE COMPANY is duly hcensed to transact hdehty and surety business in each of the States of the United States of Amenca D~sfnct of Columbia, Puerto Rico, and
each of the Prownces of Canada w~lh the exception of Pnnce Edward Island and ~s also duly hcensed to become sole surety on bonds, undertakings etc, permdled or required by law
I the unders,gned Assistant Secrelary of FEDERAL INSURANCE COMPANY, do hereby cerbfy that the Iorego~ng Power ol Atlorney ~s ~n full force and effect
G~ven under my hand and the seal of smd Company at Warren, N J, this
13th May 93
day of 19__
R~chard D O Connor Assistant Secretary
Form 15 10 0144 (Rev 7-92) N Y REG MAIL
AFFIDAVIT FOR LOST SECURITIES
·
· ' - New 'fork
~'"ATE OF" '} ADDITIONAL AFFIDAVITS BY PERSONS HAVING KNOWLED~I
. COUNTY OF Kings' ~ S.S. OF THE LOSS, THEFT OR DESTRUCTION MAY BE SUBMITTE
l, ~lomas A. White being duly sworn:de_po~ .an~,s_ay that I reside a
~he Chase Manhattan Bank~ N.A., 4 Chase Metrotech Center, Brooklyn, NY
1. That on or about 12/30 (G,vE CO,~P~ET.
19 ~Z. , the following described instrument(s) was (were) lost, stolen o
destroyed, namely. Issuer City of Virginia Beach
Descrlpuonof[nstrument(s) Public Improvement Bond Series 1977~ dated 12/1/77, due date 10/1/96,
Rate 5% cusip #927736VM7 coupon #30 only @ $125.00 total $1,250.OO
No.(s): 2836,2873-79, 2986-87
Coupons only from above due 10/1/92
Registered m the name of Bearel
with coupons attached maturing on or after
That the cu'cumstances In connection with such loss, theft or destruction are as follows
(NOTE: HERE INSERT OR ATTACH DETAILED STATEMENT OF' CIRCUMgTANCE.q INCLUDING DETAIL.q OF WHERE AND HOW SAID
INgTRUMENT(S) WAg (WERE) KEPT )
~he aforementioned coupons were fo~-warded to Republic Bank, Richmond, T~.xas.
Ihey retu_~ned the coupons via Registered Mail. ~he coupons are presumed to
be lost, stolen, destroyed or misplaced on our premises.
tv.! :hat 1 l~ve no %°hz': k, .~wledge or mformanor as to the present whereabouts of such ms,rument(s}.
That the siDle owner of smd lost, stolen or destroyed instrument(s) Is
(A) Myself, individually.
ts) The Chase Manhattan Bank, N.A.
(c)
laws of the State of New York
4 Chase Metrotech Center, Brooklyn, N.Y.
officer, to wit, the Vice President
(D)
name and having Its pnnclpal business address at
that I am one of the general partners of said firm.
Other
, a corporation duly organized under ti,,
having sis principal office and business ad&ess .~
and that I am an execut. ~
of said corporation;
· a co-partnership doing business under th,~
4. TFsat sa~d instrument(s) was (were) tSTR~E OUT WHICHF. Vs'R OF THE FOLi. OWlHG ARE INAPPI. ICA~ILIr)
(A) In bearer form and not registered e~ther as to principal or Interest;
(B) Not Indorsed or assigned by the reg~tered owner,
(C} Indorsed or assigned by the registered owner m blank, or as follows:
I
nat t,ie o~ ncr m,:ntIoned In para~aph 3 hereof acqu~ed said ms~ument(s) on or .bout 12/24 19 ~2
from ~k ~. ~l~a~ee N.A. by p~cha~, and pi{d ther. for th. fall mark.~ wl~ (or, ~F
_. ~lwa~ed. Wi.
otne~ acqu~e~ here state ~eta~ed c~cumstan~s of acqmsmon):
6. That I have made or caused to be made a ddigent search for smd instrument(s) and have been unable to £md or recover same; that except
above specifically statednelthersaldmstrument(s)nor any Interest thereto has been sold· assr, ned, indorsed, transferred, deposited under
agrccment, hypothecated, pawned, pledged for any bank or brokerage loan or otherwise, or disposed of m any manner by or on behaff of said
owner, that neither said owner nor anyone on his or Its behalf has signed any power of attorney, aiW stock power· or other assq~nment or authorlzatlo,
respecting the same which cs now outstanding and m force; and that no person, firm or corporation has any rq~ht, title, claim, equity, or interest in,
or respecting said instrument(s), excepting the sole owner above mentioned.
7. That th~s Affidavit ss made and the accompa, nymg bond of indemnity Is g~veq for the purpose of reducing the issuance of new or duphcat~
e-
ms'rumen~ls/ ..~ he~ of and hi sub·cirunon or in excaange for sa:g lo.r, stele.-', or dis toyed msr.-.me.:t(s) without requ,.r.ag the surrender of the
original(s), or the payment· delivery, exchange, or credit in respect of such original(s) without such surrender.
8. If such new or duplicate instrument(s) Is (are) so Issued, countersigned and registered, or such payment, delivery, exchange or credit Is mag
In respect of such original(s), then it Is understood and I do hereby agree onbehalf of the above mentioned owner that if said lost instrument(s) come(s
into the hands, custody or power of said owner, he or it will deliver or cause the same to be delivered to The Chase Manhattan Bank· N.A.,
in order to be cancelled.
su~s~am~r, ~.o swo...o ~O.E ~ ..,s~?'
MY ~O~MI.~$1ON r-XPIR,=S 'v//°~/~%7~ / -,:' ~
SEA t OF
NOTA~ ' ,--UBt C
LEGAL 51 REV 7-71 OTC,3-77
,/
, 19 .., ~ //
,, .... Ur.V~T I~l~liMBPl~ir~ R ~/pu a L lC
~ry Pub/l~, Ste~e of New York
_ No, ~228
_ Q~allfled In Kings Coun~
~lsslon Expires Sept. 28, 1~4
Thomas A. White
Vice President
- 16 -
Item III- G. 4.
CONSENT AGENDA
ITEM # 37029
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to authorize acquisition of temporary and perpetual uttlity
easements, either by agreement or condemnation:
a.
Lakeville Estates Water Project
(KEMPSVILLE BOROUGH)
North Seaboard Road Sewer Project
(PRINCESS ANNE BOROUGH)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazter, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lantetgne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
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11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
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32
AN ORDINANCE TO AUTHORIZE
ACQUISITION OF TEMPORARY AND
PERPETUAL UTILITY EASEMENTS EITHER
BY AGREEMENT OR CONDEMNATION FOR
LAKEVILLE ESTATES WATER PROJECT
WHEREAS, in the opinion of the Council of the City
of Virginia Beach, Virginia, a public necessity exists for the
acquisition of temporary and perpetual utility easements for public
purposes for the preservation of the safety, health, peace, good
order, comfort, convenience, and for the welfare of the people in
the City of Virginia Beach:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Council authorizes the
acquisition by purchase or condemnation pursuant to Sections 15.1-
236, et seq., 15.1-898, 15.1-899, and Title 25-46.1 et seq., Code
of Virginia of 1950, as amended, temporary and perpetual utility
easements, as shown on the plan entitled "PROPOSED CONDEMNATION"
"Lakeville Estates C.I.P. 5-080 4/23/93 1'=700'," the plan being on
file in the Department of Public Utilities, Virginia Beach,
Virginia.
Section 2. That the City Manager is hereby
authorized to make or cause to be made on behalf of the city of
Virginia Beach, to the extent that funds are available, a
reasonable offer to the owners or persons having an interest in
said property. If refused, the City Attorney is hereby authorized
to institute proceedings to condemn said easements.
Adopted by the Council of the City of Virginia
13 day of 3uly , 1993.
Beach, Virginia, on the
CA-5136
NONCODE\5135.ORD
R-!
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
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32
AN ORDINANCE TO AUTHORIZE
ACQUISITION OF TEMPORARY AND
PERPETUAL UTILITY EASEMENTS EITHER
BY AGREEMENT OR CONDEMNATION FOR
NORTH SEABOARD ROAD SEWER PROJECT
WHEREAS, in the opinion of the Council of the City
of Virginia Beach, Virginia, a public necessity exists for the
acquisition of temporary and perpetual utility easements for public
purposes for the preservation of the safety, health, peace, good
order, comfort, convenience, and for the welfare of the people in
the City of Virginia Beach:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Council authorizes the
acquisition by purchase or condemnation pursuant to Sections 15.1-
236, et seq., 15.1-898, 15.1-899, and Title 25-46.1 et seq., Code
of Virginia of 1950, as amended, temporary and perpetual utility
easements, as shown on the plan entitled "PROPOSED CONDEMNATION"
"NORTH SEABOARD RD. C.I.P. 5-306 4/23/93 1'=250'," the plan being
on file in the Department of Public Utilities, Virginia Beach,
Virginia.
Section 2. That the city Manager is hereby
authorized to make or cause to be made on behalf of the City of
Virginia Beach, to the extent that funds are available, a
reasonable offer to the owners or persons having an interest in
said property. If refused, the City Attorney is hereby authorized
to institute proceedings to condemn said easements.
Adopted by the Council of the City of Virginia
Beach, Virginia, on the
CA-5136
NONCODE\5136.ORD
R-1
13 day of 3uly , 1993.
APPROV;ED AS TO CONTENTS
jT- /' SIGNATURE
APPROVED AS T,~ LEGAL
-17-
Item III-G.5.
CONSENT AGENDA
ITEM # 37030
Upon motion by Vice Mayor Sessorns, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a $10,000 Grant from the
State Department of Environmental Quality, Waste Division re purchase
of Emergency Information System Software (EIS/C) and providing
support to the Local Area Planning Committee (LEPC).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
July 13, 1993
AN ORDINANCE TO ACCEPT AND APPROPRIATE A $10,000 GRANT
FROM THE STATE DEPARTmeNT OF ENVIRON~AL QUALITY, WASTE
DIVISION TO PROVIDE FUNDING FOR EMERGENCY INFORMATION
SYSTEM SOFTWARE AND ASSOCIATED COSTS
WHEREAS, the State Department of Environmental Quality,
Waste Division has provided the Local Area Planning Committee a
$10,000 grant to be utilized in enhancing the regions ability to react
in an emergency situation;
WHEREAS, this grant will be utilized to purchase Emergency
Information System Software as well as to provide logistic support to
the committee in terms of printing and staff time (on an overtime
basis );
WHEREAS, there is no required local match.
10
11
12
13
14
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, that the $10,000 grant from the
Commonwealth of Virginia Environmental Quality, Waste Division be
accepted and appropriated for the purpose of purchasing software and
providing support to the Local Area Planning Committee.
15
16
17
BE IT FURTHER ORDAINED, that estimated revenues from the
Commonwealth be increased to reflect the receipt of the $10,000 grant
from the Department of Environmental Quality, Waste Division.
18
19 the 13
Adopted by the City Council of the City of Virginia Beach on
day of July , 1993.
Approved as to Content
alter-C. Krae~, Jr.
Deputy Director
Management and Budget
CRW-C \OB94\FDGRANT1 ORD
RICHARD N BURTON
DIRECTOR
COMMONWEALTH of V2 RCsiNiA
DEPARTMENT OF ENVIRONMENTAL QUALITY
SENT BY FEDERAL EXPRESS
(8O4) 225-2667
TDD (804) 371-8737
MEMORANDUM
TO'
Lt. Bob Mattice
Norfolk LEPC
Mr. Mark Marchbank
Virginia Beach LEPC
FROM:
Mr. Don Brown
Portsmouth LEPC
Cathy L. Harris,~Ph.D., Environmental Program Manager
SARA Title III
DATE-.
May 19, 1993
SUBJECT: U.S. EPA Grant/Scope-of-Work Contract
Enclosed is a highlighted draft of the proposed Scope-of-Work
and Contract with your respective local government/LEPC. Please
review this document and let me know of any necessary changes as
soon as possible. If you have no changes, please also call, so
that the final copy can be forwarded to you for your City Manager
to sign, and return to the Department.
Thank you for your cooperation.
talking to you, again soon.
I will look forward to
Enclosure
James Monroe Building, Eleventh Floor · 101 North Fourteenth Street · R~chmond, V~rg~ma 23219
COMMONWEALTH OF VIRGINIA
STANDARD CONTRACT
Contract Number:
This contract entered into this day of 19 by the City
of Virginia Beach/Virginia Beach Local Emergency Planning Committee
hereinafter called the "Contractor" and the Virginia Department of
Environmental Quality, Waste Division, called the "Purchasing
Agency".
WITNESSETH that the Contractor and the Purchasing Agency, in
consideration of the mutual covenants, promises and agreements
herein contained, agree as follows:
SCOPE OF CONTRACT: The Contractor shall provide the
goods/services to the Purchasing Agency as set forth in the
Contract Documents.
PERIOD OF PERFORMANCE:
30, 1993.
From June 1, 1993 through September
The contract documents shall consist of:
(1) This signed form;
(2) Scope of work entitled, "Innovative Title III Technical
Projects Grant, a U.S. Environmental Protection Agency funded
project, agreement between the Virginia Department of
Environmental Quality, Waste Division, and three Virginia
Local Emergency Planning Committees: the City of Norfolk,
Virginia; the City of Virginia Beach, Virginia; and, the City
of Portsmouth, Virginia".
IN WITNESS WHEREOF, the parties have caused this Contract to
be duly executed intending to be bound thereby.
CONTRACTOR:
PURCHASING AGENCY:
By: By:
James K. Spore
William L. Woodfin, Jr.
Title: City Manager Deputy Director of Operations
The City of Virginia Beach, Virginia Department of
Virginia Environmental Quality
Date: Date:
DRAFT
$~ope of Work
Innovative Title III Technical Projects Grant
a U.S. Environmental Protection ~qenoy funded project aqreement
between the
Virginia D~partment of Environmental Oualit¥, WaSte Division
an~
three Virqinia Local Emergency Planninq Committees:
The City of Norfolk, Virginia
The City of Virginia Beach, Virginia
The City of Portsmouth,.Virginia
Contract/Letter of Aqreement
Name, Address, a~d Telephone Number of the Person Authorized to
Sign the Contract/Letter of Agreement for each City/Local Emergency
Planni~ Committee, each ,,co~tractor,,. and the Grant A~ministrator:
The City of Norfolk/Norfolk Local Emergency Planning Committee
Mr. James B. Oliver, Jr.
City Manager
The City of Norfolk
Norfolk City Hall
810 Union Street
Norfolk, VA 23510
Grant Administrator-.
Mr. Sterling B. Cheatham
Director of Finance
Norfolk City Hall, Room 1003
810 Union Street
Norfolk, VA 23510
(804) 441-5145
FAX: 441-1218
(804) 441-5206
FAX 441-5403
The City of Virginia Beach/Virginia Beach Local Emergency Planning
Committee
Mr. James K. Spore
City Manager
The City of Virginia Beach
Municipal Center
Virginia Beach, VA 23456
Grant Administrator:
Ms. Patricia Phillips
Director of Finance
Municipal Center
Virginia Beach, VA 23456
(804) 427-4242
FAX: 426-5665
(804) 427-4681
FAX 426-4135
The City of Portsmouth/Portsmouth Local Emergency Planning
Committee
Mr. V. Wayne Orton
City Manager
The City of Portsmouth
P.O. Box 820
801 Crawford Street
Portsmouth, VA 23705
Grant Administrator:
Mr. J. Peter Teig
Director of Finance
P.O. Box 820
801 Crawford Street
Portsmouth, VA 23705
(804) 393-8641
FAX: 393-5241
(804) 393-8831
FAX: 393-5230
DRAFT
Name Address and Telephone Number of the person Authorized to Sign
the Contract/Letter of Agreement for the Virqinia Department of
EnvironmeDtal Quality. Waste Division, the "Purchasinq Agency", and
the Grant Administrator:
Mr. William L. Woodfin, Jr.
Deputy Director of Operations
Virginia Department of Environmental Quality
llth Floor, Monroe Building
101 North 14th Street
Richmond, VA 23219
(804) 225-2999
FAX: 371-2667
Grant Activities Administrator:
Dr. Cathy L. Harris
Environmental Program Manager
SARA Title III
Virginia Department of
Environmental Quality
14th Floor, Monroe Building
101 N. 14th Street
Richmond, VA 23219
Grant Finances Administrator:
Ms. Yvonne Hicks
Senior Grants Accountant
Administration/Main St. Station
Virginia Department of
Environmental Quality
llth Floor, Monroe Building
101 N. 14th Street
Richmond, VA 23219
(804) 225-2631
FAX: 371-0193
(804) 786-5345
FAX: 786-5333
Principal Investigators for Grant/Agreement:
·
The City of Norfolk/Norfolk LEPC
Lt. Robert G. Mattice, LEPC Coordinator
714 Pembroke Avenue
Norfolk, VA 23507
(804) 441-2536
FAX: 683-9595
Mr. Mattice has been employed by the City of Norfolk,
Department of Fire and Paramedical Services for eighteen years and
holds the rank of Fire Lieutenant; he is assigned to the
Department's Technical Response Team.
Currently serving as Assistant Hazardous Materials
Coordinator, he was recently appointed to coordinate activities for
the Norfolk LEPC. Mr. Mattice is responsible for organizing
various elements of the community in the continuous and ongoing
emergency planning process, and provides direct liaison between the
LEPC and hazardous materials responders.
Mr. Mattice supervises the maintenance of the Department's
hazardous materials database, and also is responsible for
fulfilling Community Right-to-Know" requests when they are
DRAFT
received. Mr. Mattice coordinates development of incident response
plans to be followed in the event of chemical releases in the City
of Norfolk.
Staffing and Resources Provided by the City of Norfolk/Norfolk
LEPC for the Grant/Agreement
Staffing
Mr. Mattice will be assisted in his scope of work activities
for the grant by Mr. Alan J. Elder and Mr. Brian E. Ivorson, both
Hazardous Materials Specialists with the rank of Firefighter, with
over five years of service with the Norfolk Department of Fire and
Paramedical Services. Both individuals provide: (1) technical
support for the Department's: hazardous materials database; (2)
documentation support for Community "Right-to-Know" information
requests; and, (3) planning support for the incident response plans
to chemical release emergencies in Norfolk.
Additional technical support also will be provided by Deputy
Assistant Fire Chief James Fentress, Hazardous Materials
Coordinator for the City of Norfolk. Chief Fentress has been in
service with the Norfolk Department of Fire and Paramedical
Services for over 21 years, with an extensive background in
hazardous materials response, training, and planning.
Furthermore, the Administrative Office staff in the Department
of Fire and Paramedical Services will provide any required clerical
support, with additional computer support available through the
City of Norfolk's own Information Services group.
Resources
The City of Norfolk/Norfolk LEPC will also have the resources
of the following available to contribute towards their Contractor
grant/agreement activities:
Video support through the City's studio-quality video
section, to be used for taped presentations;
Automated data storage/access for SARA Title III, Section
312, Tier I and II forms filed by the local regulated
community;
Automated filing of facility chemical storage information
to both meet the demands for Community "Right-to-Know"
information, and, to advance the chemical incident
planning process; and,
Computer generated graphics to augment any database
presentations.
DRAFT
The City of Virginia Beach/Virginia Beach LEPC
Mr. Mark Marchbank
Deputy Coordinator of Emergency Services
Virginia Beach Fire Department
Municipal Center
Virginia Beach, VA 23456
(804) 427-4228
FAX 426-5665
Mr. Marchbank has been employed by the Virginia Beach Fire
Department for seventeen years, with the last three spent as the
Deputy Emergency Services Coordinator and local contact for the
Virginia Beach LEPC. He holds a Master of Public Administration,
and, a Master of Urban Studies--- both of which have provided him
with the academic background to augment his extensive experience in
emergency planning, preparedness, and response, through his local
government service, and regional cooperative efforts to promote
SARA Title III, Emergency Planning and Community "Right-to-Know" in
the Tidewater area. His research and planning skills, computer
literacy, and writing ability will be invaluable towards the
successful completion of the Contractor's assigned projects.
Staffing and Resources Provided by the City of Virginia Beach/
Virginia Beach LEPC
Staffing
Mr. Marchbank will be assisted by staff'in the Virginia Beach
Fire Department.
Specifically, Battalion Chief Chase Sargent, a Hazardous
Materials Officer, will be supporting the Contractor's grant
activities as a co-principal. Chief Sargent--- who has extensive
experience as a firefighter, with responsibility for supervising
both the Department's Hazardous Materials Response Team, and, the
Heavy Search-and-Rescue Team--- will provide technical and planning
assistance, as well as liaison with the Virginia Beach Fire
Department's Hazardous Materials Team. Besides his years of on-
the-line firefighting experience, and training in the handling of
hazardous materials incidents, Chief Sargent is a frequent
presenter at the Virginia Beach LEPC meetings, and he holds a
Master of Public Administration degree.
Moreover, the Contractor will also provide the following,
additional staffing support:
Clerical support will be provided by the Emergency
Management Secretary;
Planning support will be provided by the Virginia Beach
Fire Department's Hazardous Materials Team, including the
supervision of Captain Steven May, and designated Haz-Mat
DRAFT
Firefighters, and Ms. Theresa Lazar, Emergency Planner,
will provide additional emergency planning and
preparedness technical assistance;
Computer support will be provided by the Department's
Information Systems group; and,
Audio-visual services will be made available for taping
of any presentation required, through the Department.
Resources
The City of Virginia Beach/Virginia Beach LEPC, the
Contractor, through the Virginia Beach Fire Department, has two
important resources to provide, in fulfillment of the Scope-of-
Work: (1) Graphics and Audio-Visual services (equipment, software
and operators), including the ability to generate sophisticated
audio-visual training materials, such as slides, overheads for a
projection screen, and videotapes; and, (2) a Virginia Beach Fire
Training Center, with meeting space capacity for 120 people---
classrooms and reception areas, suitable for meetings, workshops,
conferences, and training sessions involving the Tidewater grant
participants, and/or others involved with this project.
The City of Virginia Beach Fire Department has a long-term,
important relationship with the Virginia Department of Emergency
Services, the Commonwealth agency which sponsors an annual
Hazardous Materials Conference in the city of Virginia Beach,
Virginia. This annual conference is the expected venue for
providing outreach to Virginia's Local. Emergency Planning
Committees, and, to Virginia emergency planners and responders, of
the results of the grant activity.
The City of Portsmouth/Portsmouth LEPC
Donald E. Brown, Coordinator
Department of Emergency Services and Safety
City of Portsmouth
P.O. Box 820
601 Crawford Street
Portsmouth, VA 23705
(804) 393-8551
FAX: 393-5305
Mr. Donald E. Brown is the Coordinator for the Portsmouth
Department of Emergency Services, with extensive experience in
emergency planning and preparedness, and a special interest in SARA
Title III Emergency Planning and Community Right-to-Know , and in
the management of hazardous materials, and planning for chemical
release emergencies. He provides staff support to the Portsmouth
LEPC, and is the liaison for the City of Portsmouth with the U.S.
Coast Guard in Hampton Roads, as well as the point-of-contact for
the public concerning chemical release emergency planning,
DRAFT
preparedness, and response.
Staffing and Resources Provided By the City of Portsmouth/
Portsmouth LEPC
Staffing
Mr. Brown will be supported by his co-principal, Donald
Newberry, Chief of the Portsmouth Fire Department. Chief Newberry
also is closely involved with the Hazardous Materials Regional
Response Team for planning, preparedness and response to chemical
release emergencies, and is using SARA Title III, Section 302, 304,
311, 312, and 313 data in the local and regional planning currently
being undertaken.
Additional support will be provided by the City of Portsmouth/
Portsmouth LEPC through staffing provided by both the Portsmouth
Fire Department, and, the Department of Emergency Services and
Safety.
These support staff include:
o Portsmouth Fire Department
Charles E. White, Sr., Battalion Chief
Chief White has over 29 years of experience as a
firefighter, and is Chief Fire Marshall for the City of
Portsmouth. He is not only a Hazardous Materials
Specialist, but also the Southside Tidewater Regional
Hazardous Materials Response Team Leader, and, a member
of the Portsmouth Local Emergency Planning Committee.
Lee G. Hollomon, Battalion Chief
Chief Hollomon has over 19 years of experience as a
firefighter, and is the Training Officer and
Administrative Coordinator for the Department. He also
serves on the Planning Subcommittee for the Portsmouth
LEPC.
Charles W. Porter, Battalion Chief
Chief Porter has 22 years of experience as a firefighter,
and is both an Emergency Medical Technician (EMT)
Instructor, as well as a Hazardous Materials Response
(Haz-Mat) Instructor, and is the Emergency Medical
Services Coordinator for the City of Portsmouth. Besides
serving on the local and regional councils for EMT/EMS,
he also is a member of the Portsmouth LEPC.
Janice E. Evans, Executive Secretary
DRAFT
Ms. Evans has 18 years of secretarial experience, and
her professional expertise includes using a wide variety
of word processing equipment and software. She currently
provides clerical support to Portsmouth LEPC's Planning
Subcommittee.
Portsmouth D~partment of ~mergency services and Safety
Foy M. Lassiter, Day Shift Supervisor
Mr. Lassiter is an Emergency Medical Dispatch Instructor
and the Portsmouth 911 Supervisor and Acting Training
Coordinator for Emergency Services. He has over 19 years
of experience and is Co-Chairman for Portsmouth LEPC's
Planning Subcommittee.
Ms. Doris N. Bailey, Secretary
Ms. Bailey is a Secretary in the Department of Emergency
Services and Safety with over 15 years of progressively
greater responsibility in a wide variety of business
settings. She has extensive experience with word
processing equipment, and software. She is bilingual,
and fluent in both English and Spanish.
Resources
The City of Portsmouth/Portsmouth LEPC will provide three
important resources in support of the grant/agreement: (1)
excellent computer hardware and software and a staff familiar with
database management; (2) support from the Portsmouth Regional
Response Team in analysis of chemical release data for the area;
and, (3) in cooperation with both the Norfolk Naval Shipyard and
the Tidewater Community College, a Fire Training Academy with
audio-visual equipment and technical support capability.
Staffing and Resources Provided by the
Virginia Department of Environmental Quality, Waste Division
SARA Title III Program
Staffing
Cathy L. Harris, Ph.D., is the Environmental Program Manager
for the SARA Title III Program, and she will provide administrative
support for the activities of the grant project.
Ms. Harris has served the Commonwealth for nearly 16 years,
and, during that time, has administered eleven, different
state/federal and private foundation grants, totalling one million
dollars in funding. Her areas of environmental regulatory
expertise include: the Resource Conservation and Recovery
DRAFT
Act/RCRA, the Virginia Hazardous Waste Management Regulations; and,
the SuperfundAmendments and Reauthorization Act (SARA), Title III,
the Emergency Planning and Community "Right-to-Know" Act. She is
a public speaker for the Virginia Department of Environmental
Quality on such subjects as: Small Quantity Generators under RCRA;
Household Hazardous Waste Management; and SARA Title III/EPCRA.
Mr. C. Roland Owens and Mr. Timothy G. Petrie will provide any
additional, technical assistance in Virginia SARA Title III
database management to the participating Tidewater TiRPCs in this
grant: the Contractors for the City of Norfolk, the City of
Virginia Beach, and, the City of Portsmouth.
Mr. C. Roland Owens is the Environmental Program Analyst for
Section 313/TRI, the Toxics Release Inventory, reported on the Form
R; this is the annual July 1st report by nearly 500 Virginia
companies who release toxic chemicals to the land, air, and water,
or make off-site transfers of such materials.
Section 313/TRI data is not required to be reported to LEPCs.
Mr. Owens, who is completing his degree in Recreation and
Parks Management (with an emphasis on Environmental Studies) at
Virginia Commonwealth University (VCU), has outstanding computer
skills, and is particularly adept with d-Base IV, the database
management software being used in the SARA Title III Program, and
with which he has produced the Virginia 1991 Toxic release
Inventory Summary Report, for the Virginia Emergency Response
Council. He will assist the Contractors in using TRI data in their
planning activities.
Mr. Timothy G. Petrie is the Environmental Program Analyst for
Sections 302, 304, 311, and 312, in particular, the Emergency and
Hazardous Chemical Inventory, reported on the Tier II form; this is
the annual March 1st report by nearly 6,000 Virginia companies who
have inventories of 10,000 pounds or more of a hazardous substance
and/or 500 pounds (or less, if specified) of an Extremely Hazardous
Substance (EHS).
Ail of the Sections managed by Mr. Petrie are required to be
reported to LEPCs, and are data typically used by them in their
Chemical Emergency Response Plans.
Mr. Petrie, who has an undergraduate degree in Political
Science and a Master of Urban and Regional Planning degree from
VCU, not only has outstanding computer skills in database
management, but is familiar with the needs of Virginia local
planners, and is advancing a new outreach program for the
Commonwealth's 114 Local Emergency Planning Committees. He will
assist the Contractors in using Tier II and related databases in
their planning activities, and will suggest possibilities for
pollution prevention which may assist local business and industry
in reducing their toxic chemical emissions to the land, air, and
water, as well as reduce their on-site inventories of hazardous
Be
Interjurisdictional Cooperation
DRAFT
Noting the geographical characteristics of the Hampton roads
area, the LEPC shall actively pursue a close working
relationship with those Local Emergency Planning Committees
(LEPCs) of jurisdictions surrounding the City of Norfolk in an
effort to:
i. Share Resources
Identify those resources which may be shared between
communities in the event of a large-scale chemical release.
ii. Coordinate Response
Promote more
jurisdictions.
coordinated response efforts between
C. Increase Involvement with the Military Community
In view of the role which the military--- particularly the
Navy, Coast Guard, and Marine Corps--- serves toward the
economic well-being of the area, involvement of the military
shall be ardently sought to assist the Norfolk LEPC with
hazard identification on military installations,
transportation routes, and response plans in which military
personnel and resources may be included to assist the
locality.
D. Direct Benefits to the Local Government and LEPC
i. Resources Identified
Emergency response resources will be identified through
participant involvement.
ii. Risk Analysis/Response Planning
Risk analysis and response planning projects will be enhanced
with the availability of computer-stored hazard data.
iii. Regulated Community/Military Facility Input
Information input from industry and military sources will be
streamlined and become more readily accessible to meet the
needs of the community and LEPC members, alike.
iv. Pre-incident Planning
The Norfolk LEPC will provide the community with
comprehensive, pre-incident planning of possible hazardous
chemical emergencies at fixed-facilities and on transportation
routes.
E®
Advancement of SARA Title III
D AFT
The focus of the grant will be to promote community awareness
of the content of SARA Title III.
By collecting and analyzing data from the local and regional
LEPC organizations, the Emergency Planning and Community
"Right-to-Know" information can be used to inform and educate
Norfolk emergency response personnel as well as the public.
F. Planning Difficulties
Planning has been difficult in the past because personnel were
not available for this effort to be able to acquire and use
pertinent data; this grant will be an opportunity for the
Department to do so on behalf of the Norfolk LEPC.
G. Priority Issue~
i. Identify/Plan for High-Hazards in Transportation
The Norfolk LEPC will identify and fnitiate pre-incident
planning processes for a chemical release along those high-
hazard road, rail, and marine transportation routes which
exist within the City of Norfolk.
ii. Identify/Plan for High-Hazard Fixed-Facilities
The Norfolk LEPC will identify and initiate pre-incident
planning processes for a chemical release from high-hazard,
fixed-facilities which exist in the City of Norfolk.
iii. Involve Military
The Norfolk LEPC will request the involvement of military
facilities, resources, and personnel, in this hazards
identification activity and pre-incident planning process
within the City of Norfolk.
iv. Regional Planning
The Norfolk LEPC will participate in regional Tidewater
planning sessions in order to: share hazard data; perform
risk area identification; to identify resources for and
response to community emergencies involving chemical releases.
Scope of Work by the City of Virginia Beach/Virginia Beach
LEPC
A. Response Planning
The Virginia Beach LEPC proposes to acquire copies of the
EIS/C software as a planning tool to support Emergency
Planning and Community "Right-to-Know" activities, and, to
DRAFT
assist the City of Virginia Beach Fire Department's Hazardous
Materials Team in evaluating:
i. Releases of Hazardous Chemicals in Transportation
Planning activities would center upon the various
transportation corridors to be considered in a chemical
release emergency, with special interest being placed upon
waterway-based areas.
ii. Hazardous Chemical Releases at Fixed-Facilities
Because the City of Virginia Beach is largely a residential
community in which the most important industry is commercial
tourism, the most important fixed-facility sites have already
been located, and designated, on the approved Virginia Beach
LEPC's SARA Title III, Chemical Emergency Response Plan.
However, there will be the opportunity to update the Plan,
incorporating any new fixed-facility information into it, and
concentrating on greater coordination for emergency planning
and preparedness with the local military facilities, such as
the Oceana Naval Air Station, the USN/Marine Corps facilities
at Little Creek Amphibious Base, and the U.S. Army's Fort
Story complex.
B. Intergovernmental Coordination
Virginia Beach LEPC planning will be oriented towards
strengthening existing local/state alTiances, locally and
regionally, as well as including federal/military facilities
in ongoing Emergency Planning and Community "Right-to-Know"
activities.
C. Working Relationships with Military Facilities
The Virginia Beach LEPC will coordinate with the personnel and
resources of the locality's previously identified military
facilities, and, will work cooperatively with the U.S. Coast
Guard's efforts at oil spill contingency planning throughout
Hampton Roads, the Chesapeake Bay, and Mid-Atlantic, through
the Coastal Area Committee.
D. Direct Benefits to the Local Government and LEPC
The grant will directly benefit the City of Virginia Beach/
Virginia Beach LEPC by providing:
i. Planning Materials in Support of Hazards Analysis
ii.
Identification of Key Intergovernmental/Military
Emergency Response Participants
iii. Vitalization of Local and Regional LEPC activity
DRAFT
iv. Regional LEPC Contacts
VI
Increased Coordination with
Resources
Federal/Military
vi.
Microcomputer Programs in Support of Chemical
Emergency Response Planning
vii.
Wider Distribution of the Virginia Beach LEPC's
Chemical Emergency Response Plan
E. Advancement of SARA Title III
By focusing on the chemical emergency response planning needs
of the City of Virginia Beach/Virginia Beach LEPC, the grant
will foster a better understanding of the hazards facing the
community: both for emergency planners and responders, and,
for the public they serve. In particular, this planning
emphasis on waterway-based transportation issues, and the role
of military facilities, accurately reflects the challenges
before the Tidewater area in addressing the impact of an
emergency involving a chemical release. Most especially, the
grant provides the opportunity to "vitalize" the efforts of
the LEPC, by providing the opportunity for regional meetings
and intergovernmental communication.
F. Planning Problems
As has been the case with other local governments, the City of
Virginia Beach/Virginia Beach LEPC has'not had the necessary
resources--- staff time, and funding--- available to manage
SARA Title III data, and utilize this data for chemical
release emergency planning and preparedness. The grant will
provide for both of these resources.
G. Priority Issues
Priority will be given to planning for a chemical release
emergency in the following, high-risk areas: (1)
transportation corridors; (2) identified fixed facilities;
and, (3) military installations.
Soope of Work by the City of Portsmouth/Portsmouth LEPC
A. Response Planning
The City of Portsmouth/Portsmouth LEPC will update the
existing, approved SARA Title III, Chemical Emergency Response
Plan (hazardous materials annex plans), including development
of pamphlet to be distributed to civic associations,
libraries, and available at the City's various events,
explaining SARA Title III, Emergency Planning and Community
II ' II
Right-to-Know . This planning will include both fixed
facilities as well as transportation corridors, and, will
DRAFT
emphasize cooperation with federal/military installations,
especially the City of Portsmouth's ongoing relationship with
the U.S. Coast Guard.
B. Interjurisdictional Cooperation
The Portsmouth LEPC's planning efforts will promote local,
regional, and federal/military governmental cooperation:
i. Local Government
Besides updating any mutual aid agreements necessary with
local governments, the Portsmouth LEPC will share their grant
products--- such as the proposed pamphlet--- with interested
Tidewater local governments and LEPCs.
ii. Regional Government
The Portsmouth LEPC will continue to work closely with the
Regional Response Team to effectively deal with the problems
of planning for chemical release emergencies, especially for
high-risk areas along the transportation routes through the
City of Portsmouth, as well as Portsmouth's rivers, harbors,
and waterfront. The Portsmouth LEPC will upgrade the
emergency planning software for the Regional response Team to
help them, and the City of Portsmouth to respond more
effectively during actual incidents.
iii. Federal Government/Military Installations
The Portsmouth LEPC will continue to plan for chemical release
emergencies at fixed facilities, especially the City of
Portsmouth's federal/military installations.
iv. State Government
The Portsmouth LEPC will cooperate with the Commonwealth of
Virginia agencies, especially the Virginia Department of
Emergency Response, in planning for a chemical release
emergency by: (1) working with City of Portsmouth fixed
facilities to update their facility chemical emergency
response plans; (2) ensure that these fixed facility plans are
fully integrated with the City's Hazardous Materials Annex,
and the City's Basic Emergency Operations Plan.
C. Increase Military Community Involvement
The Portsmouth LEPC will strengthen planning and coordination
with the U.S. military installations, thus providing the City
of Portsmouth with greater responsiveness in the event of a
chemical release emergency, particularly for events occurring
on federal/military installations, and, for events occurring
on navigable waters.
DRAFT
D. Direct Benefits to the Local Government and LEPC
The City of Portsmouth/Portsmouth LEPC will obtain a number of
immediate benefits from participation in the grant, including:
Exercising an improved, updated Chemical Emergency
Response Plan.
ii.
Strengthened local, regional, state, and federal/
military relationships for chemical emergency
response and preparedness.
iii. Support for the Regional Response Team (Haz-Mat).
iv.
Improved citizen understanding of Emergency Planning
and Community "Right-to-Know".
E. Advancement of SARA Title III
One of the most important aspects of the scope of work for
this grant will be that the Portsmouth LEPC enhances public
education about SARA Title III, Emergency Planning and
Community "Right-to-Know". This will be accomplished by: (1)
updating the City of Portsmouth's Chemical Emergency Response
Plan; (2) exercising that Plan; and (3) developing a pamphlet
for SARA Title III, Emergency Planning and Community "Right-
to-Know". The latter in particular will increase the level of
understanding by Portsmouth citizens, and encourage their
interest and participation in SARA Title III activities,
locally.
F. Planning Difficulties
As with the other LEPCs participating in the grant, the
Portsmouth LEPC has needed additional staffing and funding in
their chemical emergency planning efforts.
Participation in this grant will enable the City of
Portsmouth/Portsmouth LEPC to not only build upon existing
structures for intergovernmental cooperation by updating
Mutual Aid Agreements, but also, where needed, develop such
agreements where none now exist--- particularly with federal
and military installations. Moreover, the Portsmouth LEPC
will have the opportunity to regionalize their local chemical
emergency response planning by developing and improving:
communications; evacuation capabilities and coordination; and,
identification of sheltering capabilities. All of these
efforts would have to be coordinated through Tidewater local
governments (e.g., Norfolk, Portsmouth, Virginia Beach,
Chesapeake), through a variety of Commonwealth agencies (e.g.,
the Virginia Department of Transportation/VDOT, State Police,
Department of Emergency Services, and Virginia Department of
Environmental Quality).
DRAFT
With time, SARA Title III data for Sections 302, 304, 311, and
312 can then be used for such activities as pre-planning.
G. Priority Issues
Priority issues for the Portsmouth LEPC include:
i. Updating the Plan
ii. Exercising the Updated Plan
iii. Increasing Public Awareness and Involvement
Budget
Grant Budget from U.S. EPA
to Virginia Department of Environmental Ouality
Personnel $ 5,626
Fringe Benefits $ 1,575
Travel $ 256
Equipment $ 0
Supplies $ 133
Contractual $30,000
Construction $ 0
Other $ 97
TOTAL DIRECT CHARGES
$37,687
TOTAL INDIRECT
COSTS
(Rate: 41.11%
Base: of Salaries & Wages)
$ 2,313
TOTAL GRANT
$40,000
The SARA Title III Program for
the Virginia Department of
Environmental Quality will
receive no funding from the
U.S. Environmental Protection
Agency; rather, VDEQ is the
Commonwealth agency providing
$10,000 in matching funds for
the $30,000 in Contractual
agreements to the three,
participating Tidewater T,~PCs
of Norfolk, Virginia Beach, and
Portsmouth, each of which will
receive $10,000.
The SARA Title III Program will
provide both administrative and
technical assistance to the
grant participants, including
forwarding required reports to
U.S. EPA.
The City of Norfolk/Norfolk LEPC Budget
Personnel $ 4,800
Fringe Benefits $ 0
Travel $ Z00
Equipment $ 0
Supplies $ 4,000
Other $ 300
7O0
Emergency Information System
Software (EIS/C)
Printing
Meeting Support
TOTAL DIRECT CHARGES
TOTAL FROM GRANT $10,000
DRAFT
The City of Virginia Beach/Virginia Beach LEPC Budget
Personnel $ 5,000
Fringe Benefits
Travel $ 0
Equipment $ 0
Supplies $ 4,000
Other $ 500
5OO
TOTAL DIRECT CHARGES
TOTAL FROM GRANT $10,000
Emergency Information System
Software (EIS/C)
Printing
Meeting Support
The City of Portsmouth/Portsmouth LEPC Budget
Personnel $ 2,656
Fringe Benefits $ 805
Travel $ 200
Equipment $ 0
Supplies $ 4,000
Other $ 2,039
300
TOTAL DIRECT CHARGES
31% of Salary & Wages
Emergency Information System
Software (EIS/C)
Printing' of Pamphlet
Postage for Distribution of
Pamphlet
TOTAL FROM GRANT $10,000
All grant expeDditures will be reimbursed to the participatinq
LEPC, fro~.the Virqinia Department of Environmental Ouality,
as billed bY the local government, for th~ pre-approved
activities~ salaries/benefits of identified Personnel, and/oF
travel and supplies and other required, documented purchases,
as specified in the Scope of Work and in the Letter of
Agreement/Contract between the DeDartment as the PurchasiDg
Agency and each of the ~ontractors for the Tidewater LEPCs of
Norfolk, Virginia Beach, and Portsmouth,
Expenditures cannot be billed in advance of services received.
Timelines
The city of Norfolk/Norfolk LEPC Timeline for Grant Activities
May, 1993
Organizational Meetings with the Virginia
Beach and Portsmouth LEPCs, in preparation
to begin Grant Activities, including the
review of Final Draft of Letter of
Agreement and Scope-of-Work with VDEQ.
DRAFT
June, 1993
Comparison of the Chemical Emergency
Response Plans in Norfolk, Virginia Beach
and Portsmouth. Identification of Needs,
Resources, and Opportunities for Inter-
Governmental Cooperation with local,
regional, state, and federal (military)
groups. Contact Virginia Department of
Emergency Services regarding having a
presentation at the Annual Hazardous
Materials Response Conference in Virginia
Beach.
July, 1993
Analysis of Data/Planning
Purchase and Use of EIS/C.
Efforts.
August, 1993
Review/Documentation of Updated Chemical
Emergency Planning.
September, 1993
Joint LEPC Meetings, Final Report and
Presentation at the Annual Hazardous
Materials Response Conference in Virginia
Beach.
The City of Virginia Beach/virginia Beach LEPC
Timeline for Grant Activities
May, 1993
Organizational Meetings with the Norfolk
and Portsmouth LEPCs, in preparation to
begin Grant Activities, including the
review of the Final Draft of Letter of
Agreement and Scope-of-Work with VDEQ.
June, 1993
Comparison of the Chemical Emergency
Response Plans in Norfolk, Virginia Beach
and Portsmouth. Identification of Needs,
Resources, and Opportunities for Inter-
Governmental Cooperation with local,
regional, state, and federal (military)
groups. Contact Virginia Department of
Emergency Services regarding having a
presentation at the Annual Hazardous
Materials Response Conference at Virginia
Beach.
July, 1993
Analysis of Data/Planning
Purchase and Use of EIS/C.
Efforts.
August, 1993
Review/Documentation of Updated Chemical
Emergency Planning.
September, 1993
Joint LEPC Meetings, Final Report and
Presentation at the Annual Hazardous
Materials Response Conference in Virginia
Beach.
DRAFT
The City of Portsmouth/Portsmouth LEPC
Timeline for Grant Activities
May, 1993
Organizational Meetings with the Norfolk
and Virginia Beach LEPCs, in preparation
to begin Grant Activities, including the
review of the Final Draft of the Letter of
Agreement and Scope-of-Work with VDEQ.
June, 1993
Comparison if the Chemical Emergency
Response Plans in Norfolk, Virginia Beach
and Portsmouth. Identification of Needs,
Resources, and Opportunities for Inter-
Governmental cooperation with local,
regional, state, and federal (military)
groups. Contact Virginia Department of
Emergency Services regarding having a
presentation at the Annual Hazardous
Materials Response Conference in Virginia
Beach.
July, 1993
Analysis of Data/Planning Efforts.
Purchase and Use of EIS/C.
August, 1993
Review/Documentation of Updated Chemical
Emergency Planning. Printing of the
SARA Title III, Emergency Planning and
Community "Right-to-Know" Pamphlet.
September, 1993
Joint LEPC Meetings, Final Report and
Presentation at the Annual Hazardous
Materials Response Conference in Virginia
Beach.
Deliverables for the Grant
Each of the Contractors, the three Tidewater LEPCs, will have
certain deliverables which must be completed by September 30, 1993:
City of Norfolk/Norfolk LEPC Grant Deliverables
1.) An updated SARA Title III Chemical Emergency Response
Plan for the Norfolk LEPC;
2.) Demonstrable improvement to planning and preparedness for
a chemical release emergency in the City of Norfolk,
including a briefing for Norfolk LEPC members;
3.) A regional contribution towards chemical emergency
planning and preparedness--- specifically, sponsoring a
joint LEPC Meeting for the Tidewater area;
4.) A written report of publishable quality to describe the
grant activities by Norfolk and their applicability elsewhere;
DRAFT
5.) An oral presentation of the grant activities by Norfolk
to an appropriate audience--- such as the Annual
Hazardous Materials Response Conference, in Virginia
Beach, September, 1993; and,
6.) A videotape of the Norfolk presentation with eleven
copies made for grant-specified distribution.
City of Virginia Beach/Virginia Beach LEPC Grant Deliverables
1.) An updated SARA Title III Chemical Emergency Response
Plan for the Virginia Beach LEPC;
2. ) Demonstrable improvement to planning and preparedness
for a chemical release emergency in the City of Virginia
Beach, including a briefing for Virginia Beach LEPC
members;
3.) A regional contribution towards chemical emergency
planning and preparedness--- specifically, use of an
extensive audio-visual capability and a training
facility at the Virginia Beach Fire Training Center.
4.) A written report of publishable quality to describe the
grant activities by Virginia Beach and their
applicability elsewhere;
5.) An oral presentation of the grant activities by Virginia
Beach to an appropriate audience-=- such as the Annual
Hazardous Materials Response Conference in Virginia
Beach, in September, 1993; and,
6.) A videotape of the Virginia Beach presentation, with
eleven copies made for grant-specified distribution.
City of Portsmouth/Portsmouth LEPC
1.) An updated SARA Title III Chemical Emergency Response
Plan for the Portsmouth LEPC;
2.) Demonstrable improvement to planning and preparedness for
a chemical release emergency in the City of Portsmouth,
including a briefing for Portsmouth LEPC members;
3.) A regional contribution towards chemical emergency
planning and preparedness--- specifically, preparation of
a pamphlet on SARA Title III, Emergency Planning and
Community "Right-to-Know" for public distribution;
4.) A written report of publishable quality to describe the
grant activities by Portsmouth and their applicability
elsewhere;
DRAFT
5.) An oral presentation of the grant activities by Virginia
Beach to an appropriate audience--- such as the Annual
Hazardous Materials Response Conference in virginia
Beach, in September, 1993; and,
6.) A videotape of the Virginia Beach presentation, with
eleven copies made for grant-specified distribution.
- 18 -
Item III-G. 6.
CONSENT AGENDA
ITEM # 37031
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to APPROPRIATE $15,000 in Federal Emergency
Management Agency (FEMA) funds re training requirements for the Fire
Department's Urban Search and Rescue (USAR) Task Force.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W..
Clyburn, Robert K~ Dean, Louis R Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
July 13, 1993
AN ORDINANCE TO APPROPRIATE $15,000 IN FEDERAL EMERGENCY
MANAGEMENT AGENCY (FEMA) FUNDS TO SUPPORT TRAINING
REQUIREMENTS FOR THE URBAN SEARCH AND RESCUE (USAR) TASK FORCE
WHEREAS, the Virginia Beach Fire Department has been
selected as one of twenty-five Urban Search and Rescue task forces in
the Country;
WHEREAS, this designation requires that task force personnel
receive annual training in order to maintain skill levels;
WHEREAS, the Federal Emergency Management Agency (FEMA)
reimburses the City for all costs associated with such training.
10
11
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, that $15,000 be appropriated for the
purpose of providing training to the Fire Department's Urban Search
and Rescue Task Force.
12
13
14
BE IT FURTHER ORDAINED, that estimated revenues from the
Federal Government be increased to reflect the receipt of the $15,000
from the Federal Emergency Management Agency.
15
16
Adopted by the City Council of the City of Virginia Beach on
13 July
the day of , 1993.
I II
APFROVED AS TO
L "~' ' ...... '. '~: ~' "
CRW-C \OB94\FDGRANT20RD
Approved as to Content
Deputy Director
Management and Budget
- 19 -
Item III-G. Z
CONSENT A GEND,4
ITEM # 37032
Upon motion by Vice Mayor Sessorns, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to APPROPRIATE $3,700 to the Department of Agriculture
re abatement of environmental damage to, or restoration of, Wetlands in
the City of Virginia Beach
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K, Dean, Louis R. Jones, Paul J Lantetgne, John D.
Moss, Mayor Meyera E. Oberndorf,, Nancy K. Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
July 13, 1993
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
ORDINANCE TO APPROPRIATE $3,700 TO THE
DEPARTMENT OF AGRICULTURE FOR THE ABATEMENT OF
ENVIRONMENTAL DAMAGE TO, OR RESTORATION OF
WETLANDS IN THE CITY OF VIRGINIA BEACH.
WHEREAS, the Wetlands Board of the City of Virginia Beach
has ordered the imposition of civil charges in connection with
violations of the Wetlands Zoning Ordinance of the City of Virginia
Beach and has collected the cumulative sum of $3,700 in civil
charges and deposited said monies with the City Treasurer; and
WHEREAS, Section 28.2-1320 of the Code of Virginia 1950, as
amended, and as incorporated by reference in Section 1418 of the
City Zoning Ordinance, provides that civil charges imposed for the
violation of any provision of the Wetlands Act (Sections 28.2-
1300 - 28.2-1320) or violations of any Commission or wetlands board
notice, order, rule, regulation or permit condition may be directed
to be paid into the treasury of the county, city, or town in which
the violation took place for the purpose of abating environmental
damage to, or the restoration of wetlands therein; and
WHEREAS, there are available revenues deposited with the City
Treasurer, the sum of $3,700 for the abatement of environmental
damage to, or the restoration of wetlands; and
WHEREAS, the Department of Agriculture is tasked with the
administration of funds collected in accordance with Section 28.2-
1320.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, THAT:
That the sum of $3,700 is hereby appropriated to the
Department of Agriculture for the abatement of environmental damage
to, or the restoration of wetlands in the City of Virginia Beach as
directed by the Director of Agriculture.
34
35
36
37
38
39
40
41
42
43
44
this
Adopted by the Council of the City of Virginia Beach, Virginia
13 day of July , 1993.
A MAJORITY VOTE OF ALL THE MEMBERS OF COUNCIL IS REQUIRED.
CA-5213
Ordin\Noncode\Wetlands. Ord
07/06/93
~i~P .,~VEI)' ~ TC~ CONTENTS
SIGNATURE"
DEPARTMENT
APPROVED AS TO LEGAL
J::ITY ~i,T~TORN F.~
- 20 -
Item IH-G.8.
CONSENT ,4 GEND,4
ITEM # 37033
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to ,4CCEPT and `4PPROPRIATE a $21,924 Grant from the
Virginia Chesapeake Bay Local Assistance Department; and,
TRANSFER $12,544 from the FY 1993-1994 Reserve for Contingencies
to the Department of Planning for a required cash match for a full-time
Environmental Planner I positton.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy K~ Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
July 13, 1993
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT
IN THE AMOUNT OF $21,924 FROM THE VIRGINIA
CHESAPEAKE BAY LOCAL ASSISTANCE DEPARTMENT
AND TO TRANSFER $12,544 AS A GRANT MATCH
FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES
WHEREAS, the Commonwealth of Virginia's Chesapeake Bay Local
7 Assistance Department has provided a grant in the amount of $21,924 to support the
8 continuation of a temporary position for one year's duration to carry out day to day oversight
9 and educational work of the City of Virginia Beach Chesapeake Bay Preservation Area
10 Program;
11
WHEREAS, this grant requires a cash match of $12,544 which is available in
12 the FY 1993-1994 General Fund Reserve for Contingencies in resources approved by the
13 Council for the match;
14
WHEREAS, the work to be provided through these resources are considered
15 vital to the continuing work in Chesapeake Bay preservation in Virginia Beach.
16
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
17 CITY OF VIRGINIA BEACH, VIRGINIA, that a $21,924 grant be accepted from the
18 Commonwealth of Virginia, and be appropriated to the Department of Planning for
19 Chesapeake bay Preservation work, and that estimated Revenue from the Commonwealth be
20 increased by $21,924.
21
BE IT FURTHER ORDAINED that $12,544 be transferred from the FY 1993-
22 1994 Reserve for Contingencies to the Department of Planning for a required cash match
23 for the grant.
24
BE IT FURTHER ORDAINED that a full time temporary position be
25 continued within the Department of Planning to carry out the work of this grant.
26
27
28
This ordinance shall be effective from the date of its adoption.
Adopted the~13 day of July , 1993, by the Council of the City of
Virginia Beach, Virginia.
APPROVED AS TO CONTENT
Dept of Managernont and Budget
- 21 -
Item III-G. 9.
CONSENT AGENDA
ITEM # 37034
Upon motion by Vice Mayor Sessorns, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a $35,578 Grant from the
State Department of Criminal Justice Services; and, TRANSFER
$11,859 from the General Fund Reserve for Contingencies to the Virginia
Beach Police Department re enhancing street level narcotics
enforcement through acquisition of specialized surveillance and
communications equipment
Voting: 11-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr, Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Yoting Nay:
None
Council Members Absent:
None
July 13, 1993
AN ORDINANCE TO ACCEPT AND APPROPRIATE A $35,578 GRANT FROM
THE STATE DEPARTMENT OF CRIMINAL JUSTICE SERVICES AND TO TRANSFER
$11,859 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES FOR THE
PURPOSE OF ADDRESSING STREET LEVEL NARCOTICS ENFORCEMENT
WHEREAS, the Virginia Beach Police Department's program to
address street level narcotics enforcement has resulted in increased
drug related arrests in target neighborhoods and other areas of the
City and because of this the Department of Criminal Justice Services
is providing a fourth year grant to continue this enforcement effort;
WHEREAS, these funds will be used to purchase specialized
surveillance and communications equipment;
WHEREAS, there are sufficient funds available in the General
Fund reserve for contingencies to provide for the required cash match.
10
11
12
13
14
15
16
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, that $35,578 grant from the Department of
Criminal Justice be accepted and appropriated and that the required
cash match of $11,859 be transferred from the General Fund Reserve for
Contingencies for the purpose of enhancing street level narcotics
enforcement through the acquisition of specialized surveillance and
communications equipment.
17
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BE IT FURTHER ORDAINED, that estimated revenues from the
Commonwealth be increased to reflect the receipt of the $35,578 grant
from the Department of Criminal Justice Services.
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Adopted by the City Council of the City of Virginia Beach on
July
day of , 1993.
Approved as to Content
APPROVED,'."
Deputy Director i ~' ~ ,,,
Management and Budget ~{~~
CRW-C \OB94\PDGRANT1 ORD
- 22 -
Item III-G. I O.
CONSENT AGENDA
ITEM # 37035
Upon motion by Vice Mayor Sessorns, seconded by Council Lady Parker, City Council ADOPTED, AS
CORRECTED:
Ordinance re Closed Circuit Television System operated by the Virginia
Beach Police Department at the Oceanfront'
a. ACCEPT and ,~PROPRIATE a $10,000 donation from
C-ortner, Virginia Beach Hotel/Motel Association;
b. TRANSFER $60,000 from the DEA Seized Property Special Revenue Fund
Reserve for Contingencies;
c. TRANSFER $80,000 from the General Fund-Public Safety Technology Reserve.
Voting: 11-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf,, Nancy K. Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE TO APPROPRIATE A $10,000 DONATION FROM THE
VIRGINIA BEACH HOTEL AND MOTEL ASSOCIATION; TO TRANSFER $60,000 FROM
THE DEA SHARED ASSETS FUND AND $80,000 FROM THE GENERAL FUND
FOR A CLOSED CIRCUIT TELEVISION SYSTEM AT THE OCEANFRONT
WHEREAS, the Police Department has been evaluating closed
circuit television systems for use at the oceanfront as a method of
increasing patrol capabilities during major holidays and events,
WHEREAS, such a system would allow the department to monitor
various areas of the oceanfront from a central location and would
allow police to respond as needed with additional crowd and traffic
control personnel as well as provide a video taped record,
WHEREAS, this system will provide a sense of increased
security for merchants, hotel owners, citizens, and tourists,
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WHEREAS, recognizing these benefits, the Virginia Beach
Hotel and Motel Association has provided a $10,000 donation to help
defray the costs of such a system with the remaining funding to come
from the following sources: $60,000 from DEA Seized Property Special
Revenue Fund and $80,000 General Fund-Public Safety Technology
Reserve.
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NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, that the City accept and appropriate the
$10,000 donation from the Virginia Beach Hotel and Motel Association;
that $60,000 be transferred from the DEA Seized Property Special
Revenue Fund-Reserve for Contingencies; and $80,000 be transferred
from the General Fund-Public Safety Technology Reserve for acquiring a
closed circuit television system for the oceanfront.
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BE IT FURTHER ORDAINED, that FY 1993-94 estimated revenues
be increased by $10,000.
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Adopted by the City Council of the City of Virginia Beach,
Virginia on 13 day of 3uly , 1993.
CRW-C \ob94\PDSURVEL ORD
- 23 -
Item III-G. 11.
CONSENT AGENDA
ITEM # 37036
Upon motion by Councilman Moss, seconded by Councilman Dean, City Council ADOPTED:
Ordinance to TRANSFER $30,000 from the FY 1993-1994 Operating
Budget General Fund Reserve for Contingencies re repair of concrete
driveways at the Kempsville Fire Station.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndoff, Nancy I~ Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.
None
July 13, 1993
AN ORDINANCE TO TRANSFER $30,000 FROM THE FY 1993-94
OPERATING BUDGET GENERAL FURD RESERVE FOR CONTINGENCIES TO
REPAIR THE CONCRETE DRIVEWAY AT THE KEMPSVILLE FIRE STATION
WHEREAS, the Kempsville Fire Station provides fire and
rescue coverage for the Kempsville area,
WHEREAS, there has been significant damage of the concrete
driveways both in front and behind the station, resulting in limited
entrance and egress to the station for the fire and Emergency Medical
Service vehicles,
WHEREAS, it is estimated to cost $50,000 to make the
necessary repairs, $20,000 is currently available within the FY 1993-
94 Operating Budget for the Fire Department.
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NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, that $30,000 be transferred from the
General Fund Reserve for Contingencies to provide the remaining funds
needed to repair the concrete driveways at the Kempsville Fire
Station.
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Adopted by the City Council of the City of Virginia Beach,
Virginia on
13 July
day of , 1993.
A~P~-~OVED AS TO
LEGAL SUFFICIEHCY
Approved as to Content
Deputy Director
Management and Budget
- 24 -
Item III-G. 12.
CONSENT AGENDA
ITEM # 37037
Upon motion by Vice Mayor Sessorns, seconded by Council Lady Parker, City Council ADOPTED:
Ordinances authorizing temporary encroachments:
a,
Into a portion of the City's right-of-way of Shore Drive to the
United States of America, Department of the Navy re
maintaining a brick and cedar prtvacy fence at Wellings Court
to Joslin Street with an encroachment into the right-of-way on
Shore Drive (BAYSIDE BOROUGH).
Into City's property known as Lynnhaven Municipal Marina to
Warner Athey re maintaining a timber walkway at Vista Circle
at Long Creek (LYNNHAVEN BOROUGH).
The following conditions shall be required:
1. The owner agrees to remove the encroachment when notified by
the City of Virginia Beach, at no expense to the city.
2.
The owner agrees, in so far as Federal law allows, to keep and
hoM the City of Virginia Beach free and harmless of any
liability as a result of the encroachment.
3. The owner agrees to maintain said encroachment so as not to
become unsightly or a hazard.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0 Branch, III, James W. Brazier, Jr, Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
July 13, 1993
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AN ORDINANCE TO AUTHORIZE
A TEMPORARY ENCROACHMENT
INTO A PORTION OF THE
RIGHT-OF-WAY OF SHORE
DRIVE TO UNITED STATES OF
AMERICA, DEPARTMENT OF
THE NAVY, ITS HEIRS,
ASSIGNS AND SUCCESSORS IN
TITLE
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 Section 15.1-893, Code of Virginia, 1950, as amended,
United States of America, acting by and through the Department of
the Navy, its heirs, assigns and successors in title is authorized
to maintain a temporary encroachment into the right-of-way of Shore
Drive.
That the temporary encroachment herein authorized is for
the purpose of maintaining a brick and cedar privacy fence and that
said encroachment shall be maintained in accordance with the City
of Virginia Beach Public Works Department's specifications as to
size, alignment and location, and further that such temporary
encroachment is more particularly described as follows:
An area of encroachment into a
portion of the City's right-of-way
known as Shore Drive, on the certain
plats entitled: "DEPARTMENT OF THE
NAVY NAVAL FACILITIES ENGINEERING
COMMAND NAVAL AMPHIBIOUS BASE LITTLE
CREEK, NORFOLK, VIRGINIA NEW BRICK
AND CEDAR FENCE - PHASE TWO HOUSING
AREA," copies of which are on file
in the Department of Public Works
and to which reference is made for a
more particular description.
PROVIDED, HOWEVER, that the temporary encroachment herein
authorized shall terminate upon notice by the City of Virginia
Beach to any officer of United States of America, Department of the
Navy, its heirs, assigns and successors in title and that within
thirty (30) days after such notice is given, said encroachment
shall be removed from the City's right-of-way of Shore Drive and
that United States of America, Department of the Navy, its heirs,
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assigns and successors in title shall bear all costs and expenses
of such removal.
AND, PROVIDED FURTHER, that the liability, if any, of the
United States of America, Department of the Navy, for damage to
property or death or injury to any person arising out of the
location or existence of such temporary encroachment shall be
determined in accordance with the Federal Tort Claims Act (28 USC
Sec 2671, et seq.).
AND, PROVIDED FURTHER, that the party of the second part
agrees to maintain said encroachment so as not to become unsightly
or a hazard.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that United States of America, Department
of the Navy executes an agreement with the City of Virginia Beach
encompassing the aforementioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 13 day of 3uly , 19 93 .
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06/23/93
PHA/tga
navy-enc, ord
,z,~RO'vzD AS IO CONTENT
D_ ?Ao, ,,,, klxlT
APPROVED AS TO
LEGAL .el ;r..m,-,,,~.
All correspondence pertaining
to this document should
include reference to
N62470-93-RP-00221
THIS AGREEMENT, made this day of , 19 by and between
the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, hereinafter called the
GRANTOR, and UNITED STATES OF AMERICA, Acting by and through the Department of the
Navy, ItS successors and assigns, hereinafter called the GRANTEE.
WITNESSETH.
That, WHEREAS, it is proposed by the GRANTEE to construct and maintain a privacy
fence in the City of Virginia Beach, and
WHEREAS, in construction and maintaining such brick and cedar wood privacy fence, It
is necessary that the said GRANTEE encroach into a portion of an existing City right-of-way
known as Shore Drive, and said GRANTEE has requested that the GRANTOR grant a temporary
encroachment to facilitate such privacy fence within a portion of the City's right-of-way known as
Shore Drive
NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing
or to accrue to the GRANTEE and for the further consideration of One Dollar ($1 00), ~n hand
paid, to the smd GRANTOR, receipt of which ~s hereby acknowledged, the GRANTOR doth grant
to the GRANTEE a temporary encroachment to use a port~on of the City's right-of-way known as
Shore Drive for the purpose of constructing and ma~ntmmng such privacy fence.
It is expressly understood and agreed that such temporary encroachment will be
constructed and malntmned in accordance with the laws of the Commonwealth of Vlrg~ma and the
City of Virginia Beach, and in accordance with the C~ty of V~rg~ma Beach Public Works
Department's specifications and approval as to size, ahgnment and location and is more
particularly described as follows, to wit
An area of encroachment into a portion of the City's right-of-way known as Shore
Drive as shown on those certain plats entitled "DEPARTMENT OF THE NAVY
NAVAL FACILITIES ENGINEERING COMMAND NAVAL AMPHIBIOUS
BASE L1TI'LE CREEK, NORFOLK, VIRGINIA NEW BRICK AND CEDAR
FENCE - PHASE TWO - HOUSING AREA," copies of which are attached hereto
as Exhibits "A", "B", "C", and "D", 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 GRANTEE, and that
w~thm thmy (30) days after such not~ce Is given, such temporary encroachment shall be removed
from the City's right-of-way known as Shore Drive by the GRANTEE, and that the GRANTEE
shall bear all costs and expenses of such removal
It ~s further expressly understood and agreed that the l~ablllty, if any, of the GRANTEE for
damage to property or death or injury to any person arising out of the location or existence of such
temporary encroachment shall be determined ~n accordance with the Federal Tort Clmms Act,(28
USC Sec 2671, et seq )
It Is further expressly understood and agreed that nothing here~n contained shall be
construed to enlarge such perm~ssion and authority to permit the maintenance or construction of
any encroachment other than that specified herein and to the hm~ted extent specified here~n, nor to
permit the mmntenance and construction of any encroachment by anyone other than the
GRANTEE.
It ~s further expressly understood and agreed that the GRANTEE agrees to mmntain smd
encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the GRANTEE must obtain a permit
from the Development Serwces Center prior to commencing any construction within the C~ty's
right-of-way.
Page 2 of 5
It ~s further expressly understood and agreed that any above ground encroachments shall
conform to the mimmum setbacks requirements, as established by the City Traffic Engineer's
Office
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 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 here~nabove by th~s 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 encroachment Is allowed to
continue thereafter, and shall collect such compensation and penalties ~n any manner prowded by
law for the collection of local or state taxes
IN WITNESS WHEREOF, the said United States of America, has caused this Agreement
to be executed m ~ts name and on its behalf Further, that the City of Virginia Beach has caused
th~s Agreement to be executed m ~ts name and on its behalf by ~ts C~ty Manager and ~ts seal be
hereunto affixed and attested by ~ts City Clerk
CITY OF VIRGINIA BEACH
(SEAL)
ATTEST:
By
City Manager/Authorized
Designee of the C~ty Manager
City Clerk
_~~.~ROVED AS TO CONTt:N[
.. SIGNATURE --
APPROVED ~¢~ TO
I_EC, ,~ '""
Page 3 of 5
UNITED STATES OF AMERICA
B YReal~~ract~l~g~~
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-w~t
I, , a Notary Pubhc in and for the C~ty and
State aforesmd, do hereby certify that , CITY
MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER PURSUANT TO
SECTION 2-154 OF THE CITY CODE, whose name is s~gned to the foregoing Agreement
bearing date on the ~ day on , 19__, has acknowledged the same before me
~n my C~ty and State aforesaid
GIVEN under my hand th~s day of, 19~
Notary Pubhc
My Commission Expires
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit'
I, , a Notary Pubhc In and for the City and
State aforesmd, do hereby certify that RUTH HODGES SMITH, C~ty Clerk for the CITY OF
VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the ~
day of , 19 , has acknowledged the same before me in my City and
state aforesaid.
GIVEN under my hand th~s ~
day of 19 .
My Commission Expires:
Notary Public
Page 4 of 5
STATE OF VIRGINIA
CITY OF NORFOLK, to-wit
I, /~r~-ej~ /tl~c,et. ,l//~,~ x ~,o 5 ,aNotaryPubhc~nandfortheCltyandState
aforesmd, do hereby certify that /~))s~/~ z. ?,c lt'~ /t} 2-,c ,'/0~ ,o , REAL ESTATE
CONTRACTING OFFICER, whose name as such ~s signed to the foregoing writing, bearing date
the ~ day of ., 19 , has acknowledged the same before me In my
City and State aforesmd
Given under my hand this /~/t~ day of
My Commission Expires. ~ LC ~'c/'
Notary Public
Page 5 of 5
:JNI1 HD£YR
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O0*t Y.L~' ~% 3NI'I HOJ. Y~I
t J. g3H$ 33S
O0+gt VIS
OD+Or
:iN I'1 H~)1¥ Yi
II
"II/
I
od
0
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AN ORDINANCE TO AUTHORIZE
A TEMPORARY ENCROACHMENT
INTO A PORTION OF THE
CITY'S PROPERTY KNOWN AS
LYNNHAVEN MUNICIPAL
MARINA TO WARNER ATHEY,
HIS HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE
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 Section 15.1-893, Code of Virginia, 1950, as amended,
WARNER ATHEY, his heirs, assigns and successors in title is
authorized to maintain a temporary encroachment into the City
property known as Lynnhaven Municipal Marina.
That the temporary encroachment herein authorized is for
the purpose of maintaining a timber walkway and that said
encroachment shall be maintained in accordance with the City of
Virginia Beach Public Works Department's specifications as to size,
alignment and location, and further that such temporary
encroachment is more particularly described as follows:
An area of encroachment into a
portion of the City's property known
as Lynnhaven Municipal Marina , on
the certain plat entitled: "ACCESS
RAMP IN LONG CREEK AT 2133 VISTA CR.
CITY OF VA. BEACH STATE OF VA.
APPLICATION BY: WARNER ATHEY BEST
MANAGEMENT PRACTICES, INC.," a copy
of which is on file in the
Department of Public Works and to
which reference is made for a more
particular description.
PROVIDED, HOWEVER, that the temporary encroachment herein
authorized shall terminate upon notice by the City of Virginia
Beach to Warner Athey, his heirs, assigns and successors in title
and that within thirty (30) days after such notice is given, said
encroachment shall be removed from the City's property known as
Lynnhaven Municipal Marina and that Warner Athey, his heirs,
assigns and successors in title shall bear all costs and expenses
of such removal.
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Warner Athey, his heirs, assigns and successors in
title shall indemnify and hold harmless the City of Virginia Beach,
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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 encroachment.
AND, PROVIDED FURTHER, that Warner Athey agrees to
maintain said encroachment so as not to become unsightly or a
hazard.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that Warner Athey executes an agreement
with the City of Virginia Beach encompassing the aforementioned
provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 13 day of 3uly , 19 93 ·
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06/17/93
TK/tga
D[PARTMEIqT
THIS AGREEMENT, made this'~/~~ day of ,~;~/ ,
19 ~ % , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, GRANTOR, party of the first part, and
WARNER ATHEY, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, party
of the second part, GRANTEE.
WITNESSETH:
That, WHEREAS, it is proposed by the party of the
second part to construct and maintain a timber walkway in the
City of Virginia Beach; and
WHEREAS, in constructing and maintaining such walkway,
it is necessary that the said party of the second part encroach
into a portion of existing City property known as Lynnhaven
Municipal Marina; and said party of the second part has requested
that the party of the first part grant a temporary encroachment
to facilitate such walkway within a portion of the City's
property known as Lynnhaven Municipal Marina.
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 property known as
Lynnhaven Municipal Marina for the purpose of constructing and
maintaining such walkway.
GPIN 1489-98-0053
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 encroachment into a portion of
the City's property known as Lynnhaven
Municipal Marina as shown on that certain
plat entitled: "ACCESS RAMP IN LONG CREEK
AT 2133 VISTA CIR., CITY OF VA. BEACH STATE
OF VA. APPLICATION BY: WARNER ATHEY BEST
MANAGEMENT PRACTICES, INC.," 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 property known as Lynnhaven Municipal Marina 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 further expressly understood and agreed that the
party of the second part agrees to maintain said encroachment so
as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
party of the second part must obtain a permit from the Department
of Planning prior to commencing any construction within the
City's property known as Lynnhaven Municipal Marina.
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 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 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, Warner Athey, 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:
CITY OF VIRGINIA BEACH
City Manager/Authorized
Designee of the City Manager
City Clerk
Warner Athey
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, , a Notary
Public in and for the City and State aforesaid, do hereby certify
that , CITY MANAGER/AUTHORIZED DESIGNEE OF
THE CITY MANAGER, whose name is signed to the foregoing Agreement
bearing date on the day of , 19__, has
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this day of ,
19 .
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, , a Notary Public
in and for the City and State aforesaid, do hereby certify that
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH,
whose name is signed to the foregoing Agreement bearing date on
the day of , 19 ~, has acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand this day of ,
19 .
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
~~ ~ ~ ~1~ ~ .~ ~ , a Notary Public
~n and for the City and State aforesaid, do hereby certify that
WARNER ATHEY, whose name is signed to the foregoing writing,
LOCATION MAP
IIW 8 MLW AT EXISTING BULKHEAD
PIER
I-STORY
FRAME
IN_DG
EXISTING 12"
BULKIIEAD
PIER
85o_22'-02"
4443'
PILES
(l~P.)
EXISIING 8" BULKHEAD
EXISTING WALKWAY TO BE R£M¢)VEP 8 I~ISPOSED OF IN A LAWFUL MANNER
EXISTING NEW WALKWAY ( ~ ' X .3 ! ' )
SPECIAL CONDITION
A PEP, I}ttNIAL V[GETAIIVE COVER SHALL
BE ESIABLISItED OVER ALL DENUDED AREAS
k\
BEFORE: A FINAL RELEASE WILL BE
'~o-,., GP, ANIED BY [tie CI1¥ ENGINEER'S OFFICE
RECEiveD
96831
AU6 2 ~ 1992
Development Services Center
SCALE. I"= 30'
VISTA CIRCLE
REV. 8/17192
PURPOSE' ACCESS TO PIER
DATUM' MLW 0.0
ADJACENT PROPERTY OWNERS'
t. FIVE 2 PIERS
2. DU NN
BEST
MANAGEMENT
PRACTICES,INC.
PHONE, (804) 422-3898
SITE PLAN
. ,,
ACCESS RAMP
IN LONG CREEK
AT 2133 VISTA CR.
CITY OF VA. BEACH
STATE OF VA.
APPLICATION BY:
WARNER ATHEY
SHEET1 OF 2 DATE 6/23/92
Sp r:- ," '~. ,.. , ,.., ,.," CONDITION.
, ....r,~r- · T~,
~ ;..,:r,...,,,,i,:~,l~L V:~r.I ~,,~ 1[ COVEP, IAL
H;' :~-",[~LiSHED OVER ALL DEIIUDE Al
~:'JR~ A FliIAL RELEASE WiLL BE
r,.',~: ~T~-D BY ]'HE CflY ENGINEER". OF
MHW
MLW
EXISTING BOT'rOM
AT 2133 VISTA CR.
CITY OF VA. BEACH
STATE OF VA.
APPLICATION BY:
WARNER ATHEY
SHEET 2 OF 2 DATE 6/23/92
1. FiVE 2 Pi~,S
2. DUNN
ADJACENT PROPERTY OWNERS'
SECTIONS 8[ NOTES
MANAGEMENT
PRACTICES, INC.
PHONE: (804) 422-3898
16'-20' PII. E58" 9'-105' ON CENTER MIN 5OYo PILE BURIED BELOW MUDLINE ~j~ .1/.
ALL FRAMING 2"x 8"
ALL DECKING 2"x6"
ALL TIMBER 25 C C
EXCEPT DECKING 04 C C~ ~,~
PURPOSE' ACCESS TO PIER gU ~~T IAOCESS RAMP
DATUM- MLU 0.0 .... IN LONG C~EE~
lC[.
- 25 -
Item IlI-H. 1.
RES OL UTION/ ORDINANCE S
ITEM # 37038
Charles Gardner, 1309 Kdngsfisher Court, Phone: 425-6201, Chairman of the Virginia Beach Crime Task
Force, spoke in SUPPORT of the Resolution.
Upon motion by Councilman Lanteigne, seconded by Vice Mayor Sessorns, City Council ADOPTED, AS
AMENDED:
Resolution authorizing the City Manager to enter into an agreement with
the City of Chesapeake re usage of the Tidewater Detention Home,
consistent with the FY 1993-1994 Operating Budget: $I00,000 July 1,
1993, $400,000 September, 1993 and $438,965 July, 1994.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0 Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy I~ Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
July 13, 1993
Requested by Councilmember Paul J. Lanteigne
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH THE CITY OF
CHESAPEAKE REGARDING USAGE OF THE TIDEWATER
DETENTION HOME
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
WHEREAS, the Virginia Beach Juvenile Probation Department
has the responsibility to provide juvenile detention services, as
ordered by the courts, with the costs of such services paid by the
City;
WHEREAS, the city of Virginia Beach currently utilizes
the secure detention services provided by the Tidewater Detention
Home (TDH) operated by the City of Chesapeake, wherein fifty to
sixty percent of the detainee population has historically been from
Virginia Beach;
WHEREAS, the Cities of Chesapeake and Virginia Beach have
formulated an Agreement encompassing the period July 1, 1993,
through June 30, 1998, wherein Virginia Beach will provide funding
to Chesapeake toward expansion of the TDH facility, for which
Virginia Beach will receive credit toward the costs for future
detainees and guaranteed placement of juveniles; and
WHEREAS, this Agreement is consistent with the City's
1993-1994 General Operating Budget;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Council approves the Agreement with the
City of Chesapeake for the use of Tidewater Detention Home, which
is attached hereto and incorporated herein as if set out in full;
BE IT FURTHER RESOLVED:
That the City Manager is directed to execute said
Agreement on behalf of the City.
BE IT FURTHER RESOLVED:
That the City Council, recognizing the future need for a
juvenile detention center to be located in the City of Virginia
Beach, directs the City Manager to develop funding alternatives and
34
35
construction options for such a facility, to be presented in the
1993-1994 Capital Improvement Projects Budget.
36
37
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 13 day of July
, 1993.
38
39
40
41
CA-5190
ORDIN\NONCODE\TDH2. RES
R-1
PREPARED: July 13, 1993
AGREEMENT BETWEEN
CITY OF CHESAPEAKE AND
CITY OF VIRGINIA BEACH
REGARDING TIDEWATER DETENTION HOME USAGE
Th~s Agreement between the C~ty of Chesapeake and the C~ty of Virginia Beach
2 pertaining to usage of the Tidewater Detention Home ~n Chesapeake, V~rgin~a w~ll be ~n effect
3 for five years from July 1, 1993 until June 30, 1998 or four years from completion of the
4 48 bed expansion of Tidewater Detention Home, whichever ~s later. Thereafter, both C~t~es
5 may w~sh to revisit the issues ~n th~s agreement. In addition, e~ther party to th~s agreement
6 may cancel th~s agreement upon twelve months prior not~ce.
In consideration that the City of Virginia Beach has appropriated and wdl pay to the
9 C~ty of Chesapeake $938,963 to assist in the construction of a permanent 48 bed
10 expansion of the ex~st~ng T~dewater Detention Home 52-bed facility estimated to be
11 completed July 1, 1994, it is agreed as follows:
12
13
The C~ty of V~rg~n~a Beach will provide to the C~ty of Chesapeake payments totalling
14 ~938,963 in three installments on the following schedule:
15
(1) $100,000 to be used for design or other costs related to construction of
16
the permanent 48-bed expansion anticipated on July 1, 1993, follow~ng
17
the receipt of written request from the C~ty of Chesapeake.
18
19
(2) $400,000 to be used for the permanent 48 bed expansion to be
20
provided within 30 days of award of the construction contract for said
21
facility anticipated ~n September, 1993, follow~ng the receIpt of written
22
notification from the C~ty of Chesapeake.
23
24
(3) $438,963 to be prowded upon completion of the permanent 48 bed
25
expansion, anticipated in July, 1994. If the City of Chesapeake requires
26
the remaining payment sooner, the City of V~rgin~a Beach w~ll consider
27
such request contingent on the availability of funds.
28
29
2
The C~ty of Chesapeake as the managing agent of the Tidewater Detention Home w~ll
30 prowde the City of Virginia Beach with the follow~ng on the following schedule:
31
32
(1) From July 1, 1993 to June 30, 1994: the C~ty of V~rg~n~a Beach
33
shall receIve credit of $100,000 toward the cost of juvenile
34
placement for either pre-disposit~onal or post-d~spos~tional
35
purposes based on a per d~em rate of $41.41 or the current per
36
d~em rate up to $50.00 per day. The rate of draw down w~ll be
37
I~m~ted to $8,333.33 per month with any remaining credit ~n
38
excess of $8,333.33 to be used in the last month of the fiscal
39
year. On a monthly bas~s, the C~t~es of Chesapeake and Virginia
40
Beach will reconcile the balance of the remaining credit.
41
42 (2) From July 1, 1994 to June 30, 1998 or four years from
43
completion of the 48 bed expansion, whichever is later: the C~ty
44
of V~rg~n~a Beach w~ll pay a per d~em rate of $41.41 or the then
45
current per diem rate, whichever results in the lesser charge for all
46
pre- or post dispos~tional placements of juveniles by the C~ty of
47 V~rg~nia Beach.
48
49 (3) From July 1 1994 to June 30, 1998 or four years from
50
completion of the 48 bed expansion, whichever is later: the C~ty
51
of Virginia Beach shall have assured access to a m~n~mum of 40
52
beds per day ~n the 100 bed expanded facility, and honoring of
53
Judges' placement orders from the Virginia Beach Juvenile and
54 Domestic Relations D~str~ct Court up to the maximum safe
55
capacity of the facility.
56
57 (4) From July 1, 1993 to June 30, 1998 or four years from
58
completion of the 48 bed expansion, whichever is later: the C~ty
59
of Chesapeake shall not~fy the City of Virginia Beach at least 45
60 days before restricting the total number of juvenile placements by
61
the City of V~rg~nia Beach.
The C~ty of Chesapeake w~ll even-
62 handedly apply th~s not~ce to all localities using T~dewater
63
64
65
Detention Home.
In concluding th~s agreement, the Citrus of Chesapeake and V~rg~nia Beach jointly
66 recognize that there may be a need for an additional regional juvenile secure detention facility
67 to be planned ~n a locality other than Chesapeake over the next three-to-hve years.
68
69
All correspondence concerning th~s agreement w~ll be addressed to the C~ty Managers
70 of the respective C~t~es. Th~s agreement shall be effective upon the date of ~ts acceptance
71 by the Cities of Chesapeake and V~rg~n~a Beach.
72
73
74
75
76
77
78
79
8O
81
82
83
84
85
86
87
88
89
9O
91
92
93
94
95
C~ty of Virginia Beach
By
C~ty Manager or H~s Designee
ATTEST:
City of Chesapeake
By
C~ty Manager or H~s Designee
ATTEST:
Dept ot Man~ger~nt axed Budget
AF?ROVED AS TO LEGAL
- ~ ~ ~1~ A~ORNEY
c ~budge~fyg2-g3~dhltrag tee 8gh vol 27, draf~ 7 May 24, ~993 ~ ~ 30 a m
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-w~t:
, a Notary Public ~n and for the C~ty and State
aforesaid, do hereby certify that
, C~ty Manager/Authorized Designee, whose
name ~s s~gned to the foregoing writing, bearing date the ~ day of
, 1993, has
acknowledged the same before me ~n my C~ty and State aforesaid.
Given under my hand th~s
day of
,1993.
Notary Pubhc
My commission expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
, a Notary Public in and for the City and State
aforesaid, do hereby certify that RUTH HODGES SMITH, C~ty Clerk, whose name ~s signed
to the foregoing writing, beanng date the ~ day of
, 1993, has acknowledged
the same before me in my C~ty and State aforesaid.
G~ven under my hand this
day of , 1993.
Notary Public
My commission expires:
STATE OF VIRGINIA
CITY OF CHESAPEAKE, to-wit:
, a Notary Public in and for the C~ty and State
aforesaid, do hereby certify that
, City Manager/Authorized Designee, whose
name ~s s~gned to the foregoing writing, bearing date the __ day of
, 1993, has
acknowledged the same before me in my C~ty and State aforesaid.
Given under my hand this
day of
,1993.
Notary Public
My commission expires:
STATE OF VIRGINIA
CITY OF CHESAPEAKE, to-wit:
, a Notary Public in and for the City and State
aforesaid, do hereby certify that , C~ty Clerk, whose name ~s s~gned to the
foregoing writing, bearing date the __
5
day of
same before me in my City and State aforesaid.
G~ven under my hand this
day of
Notary Public
My commission expires:
, 1993, has acknowledged the
,1993.
- 26 -
Item III-fl. 2.
RESOLUTION~ORDINANCES
ITEM # 37O39
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED:
Ordinance to APPROPRIATE $10,293,500 to the FY 1993-1994
Operating Budget of the Department of Public Utilities re increased cost
for the purchase of water from the City of Norfolk and to be offset by a
corresponding increase in estimated revenues from sale of water in the
Water and Sewer Fund.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert IC
Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf,, Nancy
IC Parker and Vice Mayor William D Sessoms, Jr.
Council Members Voting Nay:
James W. Brazier, Jr. and Paul J. Lanteigne
Council Members Absent:
None
July 13, 1993
AN ORDINANCE TO INCREASE APPROPRIATIONS BY $10,293,500
IN THE FY 93-94 OPERATING BUDGET OF THE DEPARTMENT OF
PUBLIC UTILITIES TO BE OFFSET BY A CORRESPONDING INCREASE
IN ADDITIONAL REVENUES FROM SALE OF WATER FOR THE PURPOSE
OF FUNDING THE INCREASED COST TO PURCHASE
WATER FROM THE CITY OF NORFOLK
WHEREAS, the City of V~rginia Beach purchases surplus water from the City of Norfolk in order to
ensure that sufficient water is available for the health and safety of our citizens;
10
11
12
13
14
15
WHEREAS, the current contract between the two c~ties expires June 30, 1993, and the negotiated new
contracts results in a total annual cost to the City of Virginia Beach of $23,104,500 for FY 93-94 for the purchase
of water from the City of Norfolk;
WHEREAS, there is $12,811,000 in appropriations in the FY 93-94 Operating Budget currently
programmed for the purchase of water from the City of Norfolk, resulting in a need for $10,293.500 in additional
funds in order to satisfy the contract amount;
16
17
18
19
WHEREAS, the City Council of the City of Virginia Beach, Virginia, adopted Ordinance//93-2241 on
June 22, 1993, revising City Code Section//37-47 increasing the water usage fee from $3.11 to $3.38 per 1,000
gallons effective July 1, 1993, and authorizing the City Manager to execute the water supply contracts w~th the C~ty
of Norfolk contingent upon the approval of a budget amendment to the FY 93-94 Operating Budget;
2O
21
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that funds in the amount of $10,293,500 be appropriated to the FY 93-94 Operatxng Budget
of the Department of Public Utihties for the purpose of prowding the increased cost for the purchase of water from
the City of Norfolk;
24
25
26
BE IT FURTHER ORDAINED THAT these additional appropriations be offset by a corresponding
increase m estimated revenues from sale of water in the Water and Sewer Fund, including the $0 27 increase per
1,000 gallons adopted by City Council on June 22, 1993, in Ordinance 893-2241
27
28
Ordained by the Couned of the City of Virginia Beach, Virginia, on the 13day of July , 1993
This ordinance shall be in effect from the date of its adoption.
Dept of Management and Budget
APPROVED AS TO 1
LEGAL SUFFiCJ~,~,mv '
swj/waterpur ord
- 27 -
CITY MANAGER'S BRIEFING
STORM WATER MANAGEMENT SERVICE DELIVERY OPTIONS ANALYSIS
ITEM # 37040
Patricia Phillips, Director of Finance, advised preliminary research indicates that contract operations can,
under certain conditions, result in improved efficiency, reduced liability and reduced or controlled costs.
Each situation must be evaluated individually. Potential evaluation criteria include:
Ability to specify the requirement for the service in advance of
contract signing.
Ability to easily switch contractors and availability of adequate
competition.
Achievement of tangible benefits, including cost reductions and
efficiency/service gains.
Accountability
Characteristics of the activity.
Legal Constraints
Level and Quality of Service.
Monitoring Costs
Transition Costs
Other duties.
The Departments of Finance and Public Works jointly developed an RFP to htre a consultant to assist
in the evaluation of additional appropriate storm water utility functions for outsourcing. The RFP was
mailed on May 13, 1993, and responses were received on July Eleventh. A selection committee reviewed
the eight responses. The prices to perform the study varied from $182,000 to $84,000, $59,000, $55,000
and on down, depending on the scope of work.
Four were selected for additional interviews. The following criteria was used to rank the four selected:
Experience
Capabildy
Responsiveness to Scope of
Work
EVALUATION STEPS/PRELIMINARY WORKPLAN
1. Determine total in-house costs, including annual direct costs,
avoidable and unavoidable costs and indirect costs.
July 13, 1993
- 28 -
CITY MANAGER'S BRIEFING
STORM WATER MANAGEMENT SERVICE DELIVERY OPTIONS ANALYSIS
ITEM # 37040 (Continued)
.
Determine cost of contract service delivery based on interviews
with and experience of similar local government and by
obtaining cost estimates from contractors, this step wouM also
identify the reasons for specific cost differences. Specific
experience with storm water management programs is essential
to make these determinations. This would include conversion
costs or revenue that will be associated with contracting out
Storm Water Management functions; for example, annual and
sick leave payoffs.
Compare and evaluate the public or private service options
using criteria such as listed above.
4. Conclusions and Recommendations.
PRELIMINARY TIME LINE
Hire Consultant
Report due
Report to City Council
July 19
October I
October 15
Mrs. Phillips advised basic approaches to evaluating service delivery options for Storm Water
Management include:
In house evaluation. This approach relies on the staffs of
Finance, Public Works, Management and Budget and other
departments to analyze and evaluate the program.
Advantage
1. No additional cost for outside consultant.
Disadvantages
Lack of available staff who have experience in
objectively analyzing inhouse versus outsourcing
of storm water management.
2. More likely to take longer.
Contract with Outside Consultant: This approach relies on
outside assistance in analyzing the feasibility of outsourcing
versus in-house storm water management.
Advantage
1. Quicker analysis.
2.
Benefit of experiences with other jurisdictions
including outsourcing.
Disadvantage
1. Cost
July 13, 1993
- 29 -
CITY MANAGER'S BRIEFING
STORM WATER MANAGEMENT SERVICE DELIVERY OPTIONS ANALYSIS
ITEM # 37040 (Continued)
Mrs. Phillips recommended that City Council approve the hiring of Price Waterhouse, assisted by the
engineering firm of Dewberry & Davis, at a cost of $43,300 to conduct an evaluation of appropriate
service delivery options for storm water management for the City of Virginia Beach. Price Waterhouse
received the highest rating by the Selection Committee.
Ralph Smith, Director of Public Works, advised to meet the monitoring requirements, Virginia Beach and
the other cities in the region have negotiated a contract with the Hampton Roads Sanitation District. By
contract for a fee of $106,000 a year, which is less expensive than inhouse, the monitoring and testing
for the City's system will be performed. Fifty-six percent (56%) of the operation related to Storm Water
Management is being contracted out.
- 30 -
Item III-H. 3.
RES OL U TIO N/ ORD INAN CE S
ITEM # 37O41
A motion was made by Councilman Jones, seconded by Councilman Baum, to ADOPT:
Ordinance to TRANSFER $43,300 from Storm Water Reserves to the FY
1993-1994 Operating Budget re In-House~Out-Sourcing Study for
Storm Water Management.
Voting:
2-9 (MOTION LOST TO A NEGATI~ VOTE)
Council Members Voting Aye:
John A. Baum and Louis R. Jones
Council Members Voting Nay.
Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn,
Robert IC Dean, Paul J. Lanteigne, John D. Moss, Mayor Meyera E.
Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessoms, Jr
Council Members Absent:
None
This item was VOTED UPON AFTER the Planning Agenda.
- 31 -
Item III-L1.
PUBLIC HEARING
ITEM # 37042
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING B Y CONSENT
(a) LAND & COATES, INC.
CONDITIONAL USE PERMIT
(b) JAN KOTTKE
CONDITIONAL USE PERMIT
(c) ROBERT W. MCTYRE
CONDITIONAL USE PERMIT
(d) CAROL YOUNG AND ROBERT G. YOUNG, JR.
CONDITIONAL USE PERMIT
(e) CARR THOMPSON
CONDITIONAL USE PERMIT
09 CITY OF VIRGINIA BEACH
PORTION OF 19TH STREET
STREET CLOSURE
PLANNING
,,
(a) STREET CLOSURE
WHITT G. SESSOMS, III
ORDINANCE TO APPROPRIATE $18,000
FROM SALE OF STREET CLOSURE
(b) RODA ASSOCIATES
CHANGE OF ZONING
DISTRICT CLASSIFICATION
(c) NEW HOPE BAPTIST CHURCH
CONDITIONAL USE PERMIT
(d) CITY ZONING ORDINANCE
RESOLUTION REFE RING TO
THE PL4NN1NG COMMISSION
PROPOSED AMENDMENTS
SECTIONS 502(/1) and 502(E)
- 32 -
Item III-L l.a.
PUBLIC HEARING
PLANNING BY CONSENT
ITEM # 37043
Charles L. Winstead, represented the applicant
Upon motion by Council Lady Parker, seconded by Vice Mayor Sessorns, City Council ADOPTED an
Ordinance upon application of LAND & COATES, INC. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF LAND & COATES, INC. FOR
A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE RENTALS
(RYDER TRUCK) R07931834
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI~ OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Land & Coates, Inc. for a Conditional
Use Permit for motor vehicle rentals (Ryder Truck) at the southwest
corner of Bonney Road and Chestnut Avenue. Said parcel is located at
3775 Bonney Road and contains 30,718 square feet more or less.
L YNNHA VEN BOROUGH.
The following conditions shall be required:
.
.
,
Trucks shall be parked along the Southern section, at the rear
of the parking area.
A maximum of four (4) rental trucks shall be parked on the site
on a regular basis.
Parking for all uses shall be kept on the site and out of the
right-of-way.
4. This conditional use permit is for a two (2)-year period.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Thtrteenth of July, Nineteen
Hundred and Ninety-Three.
- 33 -
Item III-L 1.a.
PUBLIC HEARING
ITEM # 37043 (Continued)
PLANNING BY CONSENT
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf,, Nancy K. Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
July 13, 1993
- 34 -
Item III-L 1.b.
PUBLIC HEARING
ITEM # 37044
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED an
Ordinance upon application of JAN KOTTKE for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF JAN KOTTKE FOR A
CONDITIONAL USE PERMIT R07931835
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Jan Kottke for a Conditional Use Permit
for a child care center at the northeast corner of North Great Neck Road
and Old Donation Parkway. Said parcel is located at 1000 North Great
Neck Road and contains 20.102 acres. LYNNHAVEN BOROUGH.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of July, Ninete.en
Hundred and Ninety-Three.
Voting: 11-0
Council Members Voting Aye:
John ./1. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.
Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor
William D Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
July 13, 1993
Item III-L 1.c.
PUBLIC HEARING
ITEM # 37045
PLANNING B Y CONSENT
Upon motion by Vice Mayor Sessorns, seconded by Council Lady Parker, City Council ADOPTED an
Ordinance upon application of ROBERT W. MCTYRE for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF ROBERT W. MCTYRE FOR A
CONDITIONAL USE PERMIT FOR TWO ADDITIONAL SINGLE
FAMILY D WELLINGS RO 7931836
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Robert W. McTyre for a Conditional Use
Permit for two additional single family dwellings in the Agricultural
District on the west side of Fitztown Road, 1161 feet more or less south
of Morris Neck Road Said parcel is located at 5465 Fitztown Road and
contains 10 89 acres. PUNGO BOROUGH.
The following conditions shall be required:
1. This subdivision is approved for two (2) additional lots
Erosion and sediment control measures must be noted and
described for any land disturbance, excee&ng 2500 square feet,
on the site development plan.
A fifty (50)-foot vegetated buffer, as described in the
Comprehensive Plan, shall be established along all property
lines which adjoin an active agricultural operation. The
required buffers shall be planted prior to occupancy.
The OWNER OR LEGAL REPRESENTATIVE of the Owner, has revtewed the conditions for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virgima Beach, Virginia, on the Thirteenth of July, Nineteen
Hundred and Nine~_ - Three.
July 13, 1993
- 36 -
Item III-L 1.c.
PUBLIC HEARING
ITEM # 37045 (Continued)
PLANNING B Y CONSENT
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent.
None
STATEMENT OF CONSENT
APPLICANT:
ROBERT W. MCTYRE
APPLICATION:
Conditional Use Permit
Fitztown Road/Morris Neck Road
(PUNGO BOROUGH)
DESCRIPTION:
Two (2) additional single-family dwellings
CITY COUNCIL SESSION:
July 13, 1993
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS,
(or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO
THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY
APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF
THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO:
I .
.
.
This subdivision is approved for two (2) additional lots.
Erosion and sediment control measures must be noted and
described for any land disturbance, exceeding two thousand five
hundred (2500) square feet, on the site development plan.
A fifty-foot (50') vegetated buffer, as prescribed in the
Comprehensive Plan, shall be established along all property lines
which adjoin an active agricultural operation. The required buffers
shall be planted prior to occupancy.
By:
Attorney/Agent
Date:
- 37 -
Item III-Ll.d.
PUBLIC HEARING
ITEM # 37046
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED an
Ordinance upon application CAROL YOUNG AND ROBERT G. YOUNG, JR. for a Conditional Use
Permit:
ORDINANCE UPON APPLICA TION OF CAROL YOUNG AND ROBERT
G. YOUNG, JR., FOR A CONDITIONAL USE PERMIT FOR TWO (2)
ADDITIONAL SINGLE FAMILY DWELLINGS IN THE AG-2
AGRICULTURAL DISTRICT R07931837
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Carol Young and Robert G. Young, Jr.,
for a Conditional Use Permit for two (2) additional single family
dwellings in the AG-2 Agricultural District on the west side of Princess
Anne Road, 1056 feet north of West Neck Road. Said parcel is located at
1495 Princess Anne Road and contains 26042 acres. PUNGO
BOROUGH.
The following conditions shall be required:
1. This subdivision is approved for two (2) additional lots.
.
Erosion and sediment control measures must be noted and
described for any land disturbance, exceeding 2500 square feet,
on the site development plan.
A fifty (50)-foot vegetated buffer, as described in the
Comprehensive Plan, shall be established along all property
lines which adjoin an active agricultural operation. The
required buffers shall be planted prior to occupancy.
4. The two additional lots must share a common entrance.
The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of July, Nineteen
Hundred and NineS_ -Three.
July 13, 1993
- 38 -
Item III-Ll.d.
PUBLIC HEARING
ITEM # 37046 (Continued)
PLANNING BY CONSENT
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
STATEMENT OF CONSENT
APPLICANT:
APPLICATION:
DESCRIPTION:
CITY COUNCIL SESSION:
CAROL YOUNG and ROBERT G. YOUNG, JR.
Conditional Use Permit
Princess Anne Road/West Neck Road
(PUNGO BOROUGH)
Two (2) additional single-family dwellings
July 13, 1993
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS,
(or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO
THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY
APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF
THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO:
,
.
.
.
This subdivision is approved for two (2) additional lots.
Erosion and sediment control measures must be noted and
described for any land disturbance, exceeding two thousand five
hundred (2500) square feet, on the site development plan.
A fifty-foot (50') vegetated buffer, as described in the
Comprehensive Plan, shall be established along all property lines
which adjoin an active agricultural operation. The required buffers
shall be planted prior to occupancy.
The two (2) additional lots must share a common entrance.
By:
Attorney/Agent
Owner
Date:
- 39 -
Item III-L 1.¢.
PUBLIC HEARING
ITEM # 37047
PLANNING BY CONSENT
Carr Thompson, owner, represented the applicant
Upon motion by Councilman Jones, seconded by Vice Mayor Sessorns, City Council ADOPTED an
Ordinance upon application of CARR THOMPSON for a Conditional Use Permit.
ORDINANCE UPON APPLICATION OF CARR THOMPSON FOR A
CONDITIONAL USE PERMIT FOR MOTOR VEHICLE RENTALS
R07931838
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Carr Thompson for a Conditional Use
Permit for motor vehicle rentals on the east side of North Witchduck
Road, north of Virginia Beach Boulevard. Said parcel is located at 362
North Witchduck Road, Suite #101 and contains 4.27 acres. BAYSIDE
BOROUGH.
The following conditions shall be required:
A maximum of six (6) rental trucks shall be parked on the site
on a regular basis.
All trucks shall be parked in the designated paved area as
shown on the site plan.
3. This use permit is for a two (2) year period.
The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of July, Nineteen
Hundred and NineS. - Three.
Item III-L 1. e.
PUBLIC HEARING
ITEM # 37047 (Continued)
PLANNING BY CONSENT
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
STATEMENT OF CONSENT
APPLICANT:
APPLICATION:
DESCRIPTION:
CITY COUNCIL SESSION:
CARR THOMPSON
Conditional Use Permit
North Witchduck Road/Virginia Beach Boulevard
(BAYSIDE BOROUGH)
Motor vehicle rentals
July 13, 1993
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS,
(or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO
THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY
APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF
THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO:
,
.
.
A maximum of six (6) rental trucks shall be parked on the site on
a regular basis.
All trucks shall be parked in the designated paved area as shown
on the site plan.
This Use Permit is approved for a two (2)-year period.
By:
Attorney/Agent
Owner
- 41 -
Item III-I. 1.f
PUBLIC HEARING
ITEM # 37048
PLANNING B Y CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council DEFERRED
INDEFINITELY the petition of the CITY OF VIRGINIA BEACH for the discontinuance, closure and
abandonment of a portion of 19th Street.
Petition of the City Council of the City of Virginia Beach for the
discontinuance, closure and abandonment of a portion of 19th Street
beginning at the eastern boundary of Arctic Avenue and running in an
easterly direction a distance of 500 feet. Said parcel is 80 feet in width
and contains 40,000 square feet. VIRGINIA BEACH BOROUGH.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
July 13, 1993
Item III-L 2.a. (1)
PUBLIC HEARING
ITEM # 37O49
PLANNING
Upon motion by Councilman Brazier, seconded by Councilman Baum, City Council AUTHORIZED
FINAL APPROVAL of an Ordinance for the discontinuance, closure and abandonment of a portion of
a 15 foot alley on the north side of Croatan Road in the petition of WHITT G. SESSOMS, III.
Ordinance upon application of Whitt G. Sessoms, III, for the
discontinuance, closure and abandonment of aportion ora 15-foot alley
on the north side of Croatan Road, 100 feet east of Atlantic Avenue and
lying adjacent to Lots 1, 2, 3, 13, 14 & 15, Block 23, Croatan Beach.
Said parcel contains 2250 square feet. LYNNHAVEN BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf and Nancy IC Parker
Council Members Voting Nay:
None
Council Members Abstaining:
Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
None
Vice Mayor Sessoms ABSTAINED as he is related to Whitt G. Sessoms.
CITY OF VIRGINIA BEACH, VIRGINIA
TO (ORDINANCE OF VACATION
NATIONSBANK OF VIRGINIA, N.A.,
and JEAN M. DAVIS, Co-Executors
under the will of
AMELIA G. MCLEAN, et al.
HELEN LEIMBACH FOOS, et al.
FNJ, INC., et al.
,,,
AN ORDINANCE VACATING AND DISCONTINUING
PORTIONS OF A 15' ALLEY IN LYNNHAVEN BOROUGH,
IN THE CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, proper notice of the intended application of the
applicant, WHITT G. SESSOMS, III, to be presented to the City
Council of the City of Virginia Beach, Virginia, on the 26th day of
January, 1993, for the vacation of the portions of the hereinafter
described alley in the City of Virginia Beach, Virginia, was on the
29th day of December, 1992, and on the 6th day of January, 1993,
duly published twice with six days elapsing between the two
publications in a newspaper published or having general circulation
in the City of Virginia Beach, Virginia, specifying the time and
place of hearing at which affected persons might appear and present
their views, in conformity with the manner prescribed by Code of
Virginia, Section 15.1-364, for the institution of proceedings for
the vacation of portions of the alley in Croatan Beach; and
WHEREAS, said application was made to the City Council of
the City of Virginia Beach, Virginia, on the 26th day of January,
1993, and in conformity with the manner prescribed by Code of
Virginia, Section 15.1-364, for the conduct of such proceedings,
the City Council of the City of Virginia Beach, Virginia, on the
26th day of January, 1993, appointed Robert 3. Scott ,
David M. Grochmal , and Ralph A. Smith , as viewers to view
such street and report in writing whether in their opinion any, and
if any, what inconvenience would result from discontinuing the same
and said viewers have made such report to the City Council of the
City of Virginia Beach, Virginia; and
WHEREAS, from such report and other evidence, and after
notice to the land proprietors affected thereby, along the portions
GPINS: 2426-39-7397; 2426-39-8303; 2426-39-8228
GROVER C WRIGHT, JR
ATTORNEY AND COUNSELLOR AT ~W, P C
~Ulrg I01 BEACH rOWER BUIII) INO 1
{ ~ {o PA{ IFIL AVE~t'E
VIROINIA BEACH, VIRGINIA ~458
of the alley proposed to be vacated, it is the judgment of the City
Council of the City of Vi£ginla Beach, Virginia, that these
proceedings have been instituted, conducted and concluded in the
manner prescribed by Code of Virginia, Section 15.1-364, that no
inconvenience would result from vacating and discontinuing the
portions of said alley, and that the portions of said alley should
be vacated and discontinued; and
NOW, THEREFORE, BE IT ORDAINED, by the Council of the
City of Virginia Beach, Virginia
1. That the following portions of an alley in Croatan
Beach, in the Borough of Lynnhaven, in the City of Virginia Beach,
Virginia, be and the same is hereby vacated and discontinued:
All those certain pieces or parcels of land, situate,
lying and being in Lynnhaven Borough, in the City of
Virginia Beach, State of Virginia, being those portions
of a 15' alley designated "Portion of 15' Alley to be
Closed (2,250.00) sq. ft.)" on that certain survey
entitled "Street Closure Plat 15' Alley Adjacent to Lots
1, 2, 3, 13, 14 and 15, Block 23, Croatan Beach,
Lynnhaven Borough, Va. Beach, Virginia," dated September
29, 1992, which plat is attached hereto and made a part
hereof and is to be recorded simultaneously herewith,
reference to which is hereby made for a more particular
description of said property.
2. A certified copy of this ordinance of vacation shall
be recorded as deeds are recorded and indexed in the name of the
City of virginia Beach, Virginia, as grantor, and in the names of
NationsBank of Virginia, N.A., and Jean M. Davis, Co-Executors
under the will of Amelia G. McLean, deceased, as grantees, as to
Lots 1, 13 and 14, they now being the record owners of said lots,
and in the name of FNJ, Inc., as grantee, as to Lots 3 and 15, it
now being the record owner of said lots, and in the name of Helen
Leimbach Foos, as grantee, as to Lot 2, she now being the record
owner of said lot, in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, at the expense of the
applicants.
3. This Ordinance shall be effective on the date of its
passage.
Certified to be a true and exact cody of an ordinance
adopted by the City Council of the City of Virginia Beach,
Virginia, at its regular meeting held on the 13 day of
July 1993.
' AUTHORIZED: FINAL AP?R0VAL JULY 13, 1993
TESTE: RUTH HODGES SMITH, CITY CLERK
By
Lot 1, GPIN NO. 2426-39-7287
Lot 2, GPIN NO. 2426-39-7320
Lot 3, GPIN NO. 2426-39-7366
Lots 13 and 14, GPIN NO. 2426-39-8289
Lot 15, GPIN NO. 2426-39-8389
City Clerk
APPROVED AS i'O
SIGNATURE
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
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Item III-L 2. a. (2)
PUBLIC HEARING
ITEM # 37050
PLANNING
Upon motion by Councilman Brazier, seconded by Councilman Clyburn, City Council ADOPTED:
Ordinance to APPROPRIATE $18,000 from sale of street closure to
CART Project #2-052 Pubhc Beach Improvements re acquiring
additional public beach access to Croatan Beach.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf and Nancy IC Parker
Council Members Voting Nay:
None
Council Members Abstaining:
Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
None
Vice Mayor Sessorns ABSTAINED as he is related to Whitt G. Sessoms.
July 13, 1993
AN ORDINANCE TO APPROPRIATE $18,000
AS PROCEEDS FROM SALE OF STREET CLOSURE TO
CIP PROJECT #2-052 PUBLIC BEACH IMPROVEMENTS
FOR THE PURPOSE OF ACQUIRING ADDITIONAL
PUBLIC BEACH ACCESS TO CROATAN BEACH
visitors;
WHEREAS, it is desirable to provide additional pubhc access to beaches to Virginia Beach residents and
10
WHEREAS, a condition of Application g2423 for discontinuance, closure, and abandonment of a portion
of a 15-foot alley adjacent to Lots 1, 2, 3, 13, 14 and 15, Block 23, Croatan Beach, requires that all funds
generated from thas sale shall be used to purchase additional access to the beach in the Croatan area,
11
12
WHEREAS, the amount of funds generated from this sale is $18,000 as determined by the "Policy
Regarding Purchase of City's Interest in Streets Pursuant to Street Closures";
13
14
WHEREAS, additional points of access to public beaches are acquired through CIP Project g2-052 Public
Beach Improvements;
15
16
17
18
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that funds in the amount of $18,000 generated from the sale of the aforementioned street
closure be appropriated to CIP Project//2-052 Public Beach Improvements for the purpose of acqmring additional
pubhc access to the Croatan beach;
19
2O
BE IT FURTHER ORDAINED, that this appropdatton be offset with a corresponding increase tn
estimated revenues
21
This ordinance shall be in effect from the date of its adoption.
22
Adopted the__13 day of ,July , 1993, by the Council of the C~ty of Virgima Beach, Virginia
APP
Dept of Management and Budget
swj/croatan ord
Ltem III-L 2. b.
PUBLIC HEARING
PLANNING
ITEM # 37051
Attorney Harry R. Purkey, 303 34th Street, Phone: 427-5116, represented the applicant
Upon motion by Councilman Clyburn, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of RODA ASSOCIATES for a Change of Zoning District Classification:
ORDINANCE UPON APPLICATION OF RODA ASSOCIATES FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5D TO
B-2 Z07931391
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of RODA ASSOCIATES for a Change of
Zoning District Classification from R-5D Residential Duplex District to
B-2 Community Business District on the south side of Dolton Drive, 940
feet more or less east of Alicia Drive. The proposed zoning classification
change to B-2 Community Business District is for general commercial
land use. The Comprehenstve Plan recommends use of this parcel for
urban medium low density residential at densities that are compatible
with multi-family use in accordance with other plan policies. Satd parcel
is located at 4847 Dolton Drive and contains 36,024 square feet.
KEMPSVILLE BOROUGH.
1. An Agreement encompassing proffers shall be recorded with the
Clerk of Circuit Court.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virgtnia Beach, Virginia, on the Thirteenth of July, Nineteen
Hundred and Ninety- Three.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr, Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy IL Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
July 13, 1993
BK32q2PG2112
AGREEMENT
THIS AGREEMENT made this 18th day of February, 1993, by
and between RODA ASSOCIATES, a Virginia general partnership,
hereinafter called "Grantor" and the CITY OF VIRGINIA BEACH,
a Municipal Corporation of the Commonwealth of Virginia,
hereinafter called "Grantee".
RECITALS
The Grantor is the record fee simple owner of the
property (the "Property") located in Kempsville Borough,
City of Virginia Beach, Virginia and described in Exhibit A
attached hereto and incorporated into this Agreement.
Grantor has initiated an Amendment to the zoning map of
the City of Virginia Beach, Virginia, by petition addressed
to the Grantee, so as to change the zoning classification of
the property from R-5D Residential District to B-2 Business
District. The proposed amendment is made pursuant to the
terms of the zoning ordinance of the City of Virginia Beach,
Virginia adopted April 18, 1988 as amended and as in effect
as of the date of this Agreement (the "Zoning Ordinance").
The Grantees policy is to provide only for the orderly
development of land for various purposes and including
commercial purposes, through zoning and other land
development legislation.
The Grantor acknowledges that in order to prevent
incompatible land use, reasonable conditions governing the
use of the property, in addition to the regulations
generally applicable to land zoned B-2 as specified in the
-1-
BK32q2PG21'73
Zoning Ordinance, are required to address the project
proposed in the Grantor's zoning application.
Grantor has voluntarily offered, in writing, in advance
of and prior to the public hearing before the Grantee, as a
part of the proposed amendment to the zoning map with
respect to the property, the following reasonable conditions
related to the physical development, operation and use of
the property to be adopted as part of said amendment to the
zoning map relative and applicable to the property, which
have a reasonable relation to the rezoning and the need for
which it is generated by the rezoning.
The conditions outlined in this Agreement have been
proferred by the Grantor and allowed and accepted by the
Grantee as part of the amendment to the Zoning Ordinance and
the zoning map. These conditions shall continue in full
force and effect until subsequent amendment changes the
zoning of the Property; provided, however, that such
conditions shall continue if the subsequent amendment is
part of the comprehensive implementation of a new or
substantially revised zoning ordinance of Grantee. The
conditions outlined in this Agreement may be amended only by
following the procedures and recording the documents as
outlined and required in the Zoning Ordinance.
WITNESS, NOW THEREFORE, the Grantor, for itself, its
successors, personal representatives assigns, grantees and
other successors in title and interest, voluntarily without
any requirement by or exaction from the Grantee or his
-2-
8 32q2P( 217q
governing body and without any element of compulsion or quid
pro quo for zoning, rezoning, site plan, building permit for
subdivision approval, hereby makes the following declaration
of conditions and restrictions which shall restrict and
govern the physical development, operation and use of the
Property and hereby covenants and agrees that this
declaration shall constitute covenants running with the
Property, which shall be binding upon the property and upon
all parties and persons claiming under or through the
Grantor, its successors, personal representatives, assigns,
grantees, and other successors in interest or title.
a. Lighting on the property shall be directed
inward and not toward surrounding properties.
b. The following uses shall not be permitted on
the Property or any improvements constructed
thereon: animal hospitals, veterinary
establishments, commercial kennels, automobile
sales or repairs, automobile service stations,
boat sales, borrow pits, bulk storage yards, bulk
storage of hazardous chemicals or materials,
commercial parking lots or garages or auto
storage, child care and child education centers,
drug stores, beauty shops and barber shops, eating
and drinking establishments with drive-through
windows, funeral homes, grocery stores, liquor
-3-
B 32q2?G21 7S
stores, mini-warehouses,
taverns, dance halls.
nightclubs, bars,
c. The illustrative plan submitted to the
Department of Planning with this Agreement (the
"Plan") is incorporated herein by reference and
forms a part of this Agreement. The front facade
of the structure will be consistent with and
substantially similar to the facade of the
adjoining structure located at 4857 Dolton Drive,
in terms of mansard design, color, and type of
materials used. Notwithstanding the foregoing,
the Grantor reserves the right to substitute
exterior insulation finish system, commonly known
as "Dryvit" in place of split rib block as shown
on the illustrative plan. If the Grantor utilizes
Dryvit in place of split rib block, as shown on
the illustrative plan, the Dryvit will be
consistent in color with the exterior facade of
4857 Dolton Drive.
d. The Grantor, will to the best of his ability
preserve the twenty-four inch willow oak tree (the
"Tree") located in the center of the property as
shown on the Plan. At the time of execution of
the Agreement, circumstances appear to indicate
that the Tree may be diseased. The Grantor shall
-4-
BK32 2PG2116
retain a professional arborist to determine the
condition of the Tree. If the arborist determines
that the tree is not diseased and can be
preserved, the Grantor will to the best of his
ability preserve the Tree. In the event that the
arborist determines that the Tree is diseased or
that it should be removed, then the Grantor shall
remove the Tree and install in the same location a
willow oak tree of a minimum diameter of four (4)
inches.
e. Landscaping of the property shall be in
accordance with the landscaping depicted on the
Plan and the dumpster pad for the property will be
located in the southwest corner of the property as
shown in the Plan and shall be shielded with a
wood screen.
f. Ail garage and storage doors will be located on
the rear of the proposed building.
g. Category IV landscaping shall be installed on
the northeast side of the property as depicted on
the Plan.
h. There shall be one access point from the
-5-
BK32q2PG2) 77
property to Dolton Drive which shall be located at
the northeast corner of the property as shown on
the Plan.
i. The site plan and construction plans for the
proposed improvements on the property shall adhere
to and be consistent with the Plan.
j. The Grantor covenants and agrees that:
1. The Zoning Administrator of the City of Virginia
Beach, Virginia shall be vested with all necessary
authority, on behalf of the governing body of the City of
Virginia Beach, Virginia, to administer and enforce the
foregoing conditions and restrictions, including the
authority (a) to order in writing that any non-compliance
with such conditions be remedied and (b) to bring legal
action or suit to insure compliance with such conditions
including mandatory or prohibitory injunction, abatement,
damages or other appropriate action, suit or proceedings.
2. Failure to meet all conditions and restrictions shall
constitute cause to deny the issuance of any of the required
building or occupancy permits as may be appropriate.
3. If aggrieved by any decision of the Zoning
-6-
B 32q2PG2178
Administrator made pursuant to these provisions, the Grantor
shall petition the governing body of Grantee for the review
of such decision prior to instituting proceedings in court.
RODA Associates, a Virginia
ge~ partnership
David S Brown,
General Partner
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, ~_ ¢u?uuc~.~ , a Notary Public in and for
the City a~d State aforesai~d, do hereby certify that David
S. Brown, general partner of RODA Associates, a Virginia
general partnership, whose name is such signed to the
foregoing instrument bearing date of the 18th day of
February, 1993, has acknowledged the same before me in my
said City and State.
GIVEN under my hand this ~~ day of ~~ ,
Notary Public
My Commission Expires:
Jl-agr
-7-
Exhibit "A"
ALL THAT certain lot, piece or parcel of land,
situate, lying and being in the City of
Virginia Beach, (formerly Princess Anne
County), Virginia in the Kempsville Borough
(formerly Kempsville Magisterial District) and
being the northeast corner of Lot Six (6) as
shown on the map of A. W. Cornick's Kempsville
Subdivision, dated January, 1900, which map is
recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia
in Map Book 1, at page 9, and is more
particularly bounded and described as follows:
BEGINNING at a point on the southern line of
Eastern Shore Road to Kempsville on the line
between Tracts Four (4) and Six (6) and
running thence in a southerly direction along
said dividing line between the two said tracts
one hundred seventy six (176) feet; thence in
a westerly direction two hundred nineteen
(219) feet; thence in a northerly direction
and parallel to the dividing line between
Tracts Four (4) and Six (6) two hundred
eighteen (218) feet to the Eastern Shore Road
to Kempsville, thence easterly along the
Eastern Shore Road to Kempsville One hundred
sixty (160) feet to the point of beginning.
The above described property is subject to a
utility easement in favor of the City of
Virginia Beach, as described in that certain
Deed of RODA Associates, a Virginia general
partnership, recorded in the Clerk's Office
aforesaid in Deed Book 2812, at page 673 and
corrected in Deed Book 2896, at page 376.
-8-
Item III-L 2. c.
PUBLIC HEARING
ITEM # 37052
PLANNING
Reverend Ray Cox, Post Office Box 2467, Phone: 486-4541, represented the NEW HOPE BAPTIST
CHURCH
Upon motion by Councilman Brazier, seconded by Vice Mayor Sessorns, City Council ADOPTED an
Ordinance upon application of NEW HOPE BAPTIST CHURCH for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF NEW HOPE BAPTIST
CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH
(EXPANSION) R07931839
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of New Hope Baptist Church ,for a
Conditional Use Permit for a church (expansion) on the southwest stde
of Old Great Neck Road at the intersection with Reagan Avenue. Said
parcel is located at 395 Old Great Neck Road and contains 2.043 acres.
LYNNHA VEN BOROUGH.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of July, Nineteen
Hundred and Ninety-Three.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
July 13, 1993
Item III-L 2. d.
PUBLIC HEARING
ITEM # 37053
PLANNING
Upon motion by Councilman Branch, seconded by Councilman Clyburn, City Council ADOPTED:
Resolution referring to the Planning Commission proposed amendments
to Sections 502(A) and 502(E) of the City Zoning Ordinance and
amendment to the Appendix of the Comprehensive Plan re dimensional
requirements.
Voting: 7-4
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr, Robert W.
Clyburn, Louis R. Jones, Paul J. Lanteigne and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
Robert IC Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy
K Parker
Council Members Absent:
None
July 13, 1993
A RESOLUTION REFERRING TO THE
PLANNING COMMISSION PROPOSED
AMENDMENTS TO SECTIONS 502 (A) AND
502(E) OF THE CITY ZONING ORDINANCE
AND AMENDMENT TO THE APPENDIX
OF THE COMPREHENSIVE PLAN
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That there is hereby referred to the Planning Commission, for
its consideration and recommendation, proposed amendments to
Sections 502(a) and 502(e) of the City Zoning Ordinance pertaining
to setbacks and development on nonconforming lots in the R-5S
Residential Single Family District and a proposed amendment to the
appendix of the Comprehensive Plan pertaining to infill development
guidelines for the Shadowlawn neighborhood. A true copy of the
proposed amendments is hereto attached.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on the 13 day of 3uly , 1993.
APP.ROVE~~T,O CONTENTS,
',D"~GNATURE
APPI:~DYED AS TO LEGAL
// .-',"o,,."."- '
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 502 OF THE ZONING ORDINANCE
OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, PERTAINING TO DIMENSIONAL
REQUIREMENTS.
10
BE IT ORDAINED BY THE
BEACH, VIRGINIA:
That Section 5.2 of
Virginia Beach, Virginia,
as follows:
CITY COUNCIL OF THE CITY OF VIRGINIA
the Zoning Ordinance of the City of
is hereby amended and reordained to read
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
Section 502. Dimensional requirements.
The following chart lists the requirements
through R-5S Residential Districts for minimum
yard spacing and maximum lot coverage for
(a) For single-family dwellings:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(lO)
(11)
Muumum lot area m square feet:
Mtmmum lot area outs]de of water,
marsh, or wetlands:
Mm~mum lot width m feet:
within the R-40
lot area, width,
single-family dwellings.
Residential Dtstncts
R-40 R-30 R-20 R-15 R-lO R-Z5 R-5D
40,000 30,000 20,000 15,000
10,000 7,500 5,000
24,000 24,000 20,000 15,000 10,000 7,500
125 100 100 100 80 75
Mm]mum front yard setback In feet: 50 50 50 30 30 30
Mtmmum front yard setback when
adjacent to a 40-foot right-of-way
created m accordance with sect]on
4. l(m) of the subdivision ordinance
m feet:
Minimum side-yard setback except when
adjacent to a street in feet:
Minimum side yard setback adjacent
to a street m feet:
Muumum side yard setback when adjacent
to a 40-foot right-of-way created In
accordance with sect]on 4. l(m) of the
subdivision ordinance m feet:
M]mmum rear yard setback except for
accessory structures m feet:
R-5R R-5S
5,000 5,000 5,000
50 50 50
20 20 20
55 55 55 35 35 35 25 25 25
20 15 15 10 10 5&10 8
8 5&!O
As an exception, the setback for any
yard adjacent to the Atlantic Ocean for
any structures shall be 30 feet m the
R-5R D~stnct
M,mmum rear yard setback for accessory
structures only in feet:
NA NA NA NA NA NA NA 30 NA
20 15 15 10 10 10 10 10 10
20 20 20 20 20 20 20 20 20
35 35 35 35 35 35 23 23 20
30 30 30 30 30 30 18 18 15
44
45
46
47
48
49
5O
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
7O
71
72
73
74
75
76
77
78
79
80
81
82
83
84
(12)
(13)
Maximum lot coverage m percent:
Maximum building floor area expressed
as a percentage of maximum allowable
lot coverage:
25 25 25 30 30 35 40 35 40
NA NA NA NA NA NA NA
(b) For duplex and semidetached dwellings in the R-5D and R-
5R Residential Districts:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
Mtmmum lot area
Minimum lot width
Mtmmum front yard
Mm~mum front yard setback when adjacent to a
40-foot right-of-way created in accordance
w~th section 4. l(m) of the subdivision ordinance
Mtmmum side yard except when adjacent to a street
Mmimum side yard when adjacent to a street
Mtmmum side yard setback when adjacent to a
40-foot right-of-way created in accordance
with section 4. l(m) of the subdivision ordinance
Mtmmum rear yard
As an exception, the setback for any yard
adjacent to the Atlantic Ocean for any
structures shall be 30 feet in the R-5R District
Maximum lot coverage
Maximum building floor area expressed as a
Duplexes Semidetached
10,000 square feet 5,000 square feet
75 feet 35 feet
20 feet 20 feet
25 feet 25 feet
10 feet 10 feet
20 feet 20 feet
25 feet 25 feet
10 feet 10 feet
35 percent 35 percent
percentageofmaximumallow~lelotcoverage 200 percent 200 percent
The following chart lists the requirements within the R-2.5
Residential Districts for minimum lot area, average lot area, lot
width, yard spacing, maximum lot coverage and maximum number or
units that can be attached for attached dwellings (townhouses).
(c) For attached dwellings (townhouses):
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Muumum lot area
Average rmmmum lot area
Minimum lot width, interior lots
Mmamum lot width, extertor lots
Mlmmum front yard
Minimum front yard where all required parking
is provided in the rear
Mlmmum side yard exterior lot when
not adjacent to a street
200%
Residential Districts
R-2.5
1,400 squar~ feet
2,500 square feet
20 feet
30 feet
30 feet
15 feet
10 feet
NA
8 5 (8) Mammum rear yard dwellings 20 feet
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
(9)
Minimum rear yard accessory buddings
less than 100 square feet
5 feet
(10) Maximum lot coverage
40 percent
(11)
Maxamum number of attached dwelhngs that may
be constructed an any one (1) group, without
reqmred side yards
6 umts
(12)
Any side yards adjacent to a street shall be a
mlmmum of 30 feet, except when adjacent to a
40-foot right-of-way created m accordance wath
sectaon 4. l(m) of the subdlv~saon ordinance,
then a 35-foot sade yard as required.
The following chart lists the requirements within the R-40
through R-2.5 Residential Districts for minimum lot area, width,
yard spacing and maximum lot coverage for uses and structures other
than dwellings.
(d) For uses other than dwellings:
Residential Districts
R-40 R-30 R-20 R-15 R-10 R-7.5 R-5D R-SR R-5S R-2.5
(1)
Mtmmum lot
area m
square feet:
40,000 30,000 20,000 15,000 10,000 10,000 10,000 10,000 10,000 10,000
(2)
Minimum lot
area outsade
of water, marsh,
or wetlands
24,000 24,000 20,000 15,000 10,000
10,000 10,000 10,000 10,000
10,000
(3) Mtmmum lot
width m feet:
(4)
Muumum front
yard setback
m feet:
50 50 50 30 30 30 30 30 30 30
(5)
Mlmmum front
yard setback m
feet when
adjacent to a
40-foot right-of-
way created m
accordance w~th
section 4. l(m)
of the subdivision
ordinance:
55 55 55 55 35 35 35 35 35 35
(6)
Minimum sade
yard setback
except when
adjacent to
a street an feet:
25 25 25 25 20 15 15 15 15 15
(7)
Mlmmum rear
yard setback
m feet:
25 25 25 25 20 15 15 15 15 15
(8)
As an exception,
the setback for
any yard
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
adjacent to the
Atlantic Ocean for
any structure
shall be 30 feet
m the R-5R
Dmtnct
(9) Maximum lot
coverage m
percent:
(10) Any s~de yard
adjacent to a
street shall be
a rmmmum of
30 feet.
NA NA NA NA NA NA NA 30 NA NA
25 25 25 30 30 40 40 40 40 40
(e) Nonconforming lots:
(1) Where a lot has less than the minimum requirements for
the R-5S Residential District and said lot has
continuously been a lot of record, in single and
separate ownership from adjacent property, prior to
and since the passage of this ordinance, said lot may
be developed for any purpose permitted within the R-5S
Residential District.
(2) However, if the owner of a lot which does not meet
with the minimum requirements of the R-5S Residential
District, is the owner of or becomes the owner of
another substandard lot adjacent to it and located in
the same R-5S Residential District, he is not entitled
to the exception in (1) above. In this instance, the
owner of the two (2) or more adjacent substandard lots
must combine the two (2) or more lots to form one
which will meet or more closely approximate the
frontage and area requirements of the ordinance
applicable within the R-5S Residential District.
(3) The owner of contiguous substandard lots is prohibited
from conveying one (1) or more of the substandard lots
with the result that both the grantors and the grantee
posses lots entitled to an exception from the minimum
lot requirements.
(4) Status as a single and separate owner may not be
acquired after enactment of this ordinance by selling
a parcel and reducing the remainder below the minimum
4
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
lot requirements nor may an owner of several
contiguous nonconforming parcels combine them so as to
leave a substandard lot, and assert the right to
exception in (1) above.
¢5) As an exception to (e) ¢2). (e) (3) and Ce) ¢4) above,
any lot in the R-5S Residential District which is
substandard as to lot width and/or area as of the date
of the passage of this ordinance, even though owned by
the owner of an adjacent property, may be conveyed to
a separate owner and may be developed for any purpose
permitted within the R-5S Residential District,
provided that the lot has a minimum width of 35 feet
and area of 3,500 square feet.
For the purposes of this section, lots are not regarded as
adjacent where they form an "L", part of one being contiguous to
the other.
194
195
Adopted by the Council of the City of Virginia Beach, Virginia
on the day of , 1993.
196
197
198
199
CA-5111
\ORDIN\PROPOSED \ 45-0502. PRO
R-2
JULY 7, 1993
Shadowlawn lnfill
Development Guidelines
Virginia Beach, Virginia
Department of Planning
March, 1993
lnfill Development Guidelines for the
Shadowlawn Neighborhood, Virginia Beach, Virginia
Background
The Shadowlawn neighborhood of Virginia Beach,
Virginia, is a residential enclave located in the southern half
of the Resort Area of the city. Residential units consist
primarily of single-family dwellings with small clusters of
multi-family units.
The neighborhood was platted in the first half of the
20th Century. As a result, the streets and lots are laid out
in size and pattern typical of that period. Streets, with right-
of-ways of 50 feet, are aligned on a grid pattern. The
majority of the lots were established at 30 feet by 100 feet;
however, some of the lots adjacent to Lake Rudee were
established at 25 feet by 100 feet.
The residential dwellings constructed in the
neighborhood vary in style and size and are representative
of single-family architecture from throughout the 20th
Century. Most of the homes appear to have been
constructed during the decades from 1950 to the present,
and are Colonial Revival or Ranch in style. The number of
stories is one or two, but one-story dwellings seem to
predominate. Due to the fact that these styles of home
cannot be constructed on single 30 foot lots, most of them
are constructed on a combination of two or more of the 30
foot lots. In most cases, all of the lots in the combined
parcel have been built on, but in some cases, one of the 30
foot lots in a combined parcel may have been unbuilt on.
As a result, there are several 30 foot or 25 foot lots
remaining between constructed homes. Occasionally, two or
DRAFT
more unbuilt lots (in the same or separate ownership) may
be adjacent to each other, resulting in a potential of 60 or
more feet width.
In the last decade, as individuals have sought to
reside or own residential property in the neighborhood,
homes have been constructed on some of these 'infill' lots,
which represent the last residential development
opportunities in the neighborhood. In most cases, from a
standpoint of land use and aesthetic compatibility with the
existing neighborhood, the resulting dwelling units have not
been a success.
SHADO~ ~~e
,eaar~h ~ HEIGHTS ,
I Shadowlawn Location
The reasons that most of these newer dwellings
cannot be considered to be a major success is a direct result
of the narrow lot width that the home is built on, the
dimensional restrictions place on new construction by the
City's Zoning Ordinance, and the style and architectural
design characteristics of the adjacent dwellings. Usually,
new construction on the infill lots has resulted in narrow,
two-story structures, of almost a townhouse style, located
between one-story ranch style structures.
It is, however, possible to develop on the majority of
these remaining infill lots and succeed in constructing a
dwelling that is compatible to the surrounding neighborhood
and that is aesthetically pleasing. These development
guidelines provide direction to potential developers of these
remaining infill lots as to how the proposed dwelling and
associated site improvements should be designed. If used
as intended, the guidelines can help to ensure land use
compatibility of the dwelling to the neighborhood and an
attractive dwelling for the future property owner.
Street and Lot Layout in Shadowlawn
Infill Development Omdehnca for Shadowtawn March 18, 1993 Page 2
Compatibility Guidelines
By applying the following principles to the design of
a dwelling proposed for an infill lot in Shadowlawn, the
opportunity for compatibility of the dwelling with the
surrounding neighborhood can be greatly increased.
Height, Width, and Proportion
New infill structures should be constructed at a
height that is compatible to the adjacent structures. If at all
possible, the new dwelling should have the same number of
stories as the dwellings on either side or be within 15% of
the height of those dwellings. As noted in the previous
section, the majority of the dwellings in Shadowlawn are
one-story and occasionally, two-story. Introduction of a
narrow, two-story structure (which is the case most of the
time in Shadowlawn) between two one-story structures
creates an incompatibility that can, in effect, act as a
detriment to the overall character of the neighborhood.
Equally important to the height factor for a new infill
structure is the width factor. As explained in the previous
section, the majority of the remaining infill lots are only 25
to 30 feet in width, with resulting structures of only 20 or
less feet in width. Structures on either side of the infill lot
were usually constructed on lots of 60 to 90 feet in width,
with a resulting dwelling width of 30 to 50 feet. The
resulting effect has been that of the insertion of a single
townhouse dwelling between two ranch style dwellings.
Every attempt should be made to utilize every inch of the
available width of an infill lot. Reduction of required side
yard setbacks through methods described in the City's
Zoning Ordinance should be sought in an attempt to
accomplish this.
·
Infill Development Guidehnes for Shadowtawn
DRAFT
March 18, 1993 Pag~ 3
The relationship of the new structure's width to
height establishes it's proportion. The proportion of the
new structure should be as similar as possible and
compatible with the proportion of existing adjacent
structures. For example, if in adjacent dwellings, the
proportion of the structure is such that for every one foot of
height the width is one and one-half feet, the new infill
structure should have a proportion as close to that as
possible.
Location on Site / Setbacks / Relationship to the Street
Probably the key factor in ensuring that a new infill
structure possesses land use and aesthetic compatibility to
the neighborhood is in the relationship of the structure to
the street and to the adjacent structures. In order to have
that relationship in a manner similar to the adjacent
structures, all of the factors discussed in this section must be
successfully satisfied. If a good relationship is achieved two
objectives will be met: first, the streetscape (the appearance
of all of the buildings, landscaping, and other site
improvements on a street seen as a whole) will be
maintained, and second, the potential for negative land use
impacts to adjacent properties will be reduced.
The location of the structure on the site should be
such that the new dwelling does not disrupt the existing
rhythm of building width and spacing and does not have
setbacks which vary significantly from the predominant
setbacks in the neighborhood. Accomplishing this on the 25
or 30 foot lots will be difficult, if not impossible. First, an
exact rhythm of width and spacing does not currently exist
in the neighborhood; however, there is a consistent rhythm
that a design for an infill lot can strive to reach. To achieve
a design that fits the rhythm of the other structures on the
street as closely as possible, it will be necessary to utilize the
full width of the lot.
Utilizing the full width of the lot, however, can only
be accomplished by eliminating the side yard setbacks
required by the Zoning Ordinance, or more preferably, by
obtaining easements from the adjoining property owners
that fulfill the side yard setbacks as required by the
Infill Development Outdehnes for Shadowlawn March 18, 1993 Page 4
ordinance.
The front yard setback should meet the requirements
of the Zoning Ordinance, while at the same time, be
consistent with the front yard setbacks of the adjacent
structures. In some cases, it might be necessary to encroach
into the required rear yard setback due to the need to have
a dwelling that has adequate floor area but still maintains
proper height and width proportions.
Materials and Details
Compatibility cannot be achieved if the building
materials used on the facade (outside visible wall) of the
structure and the details (windows, doors, decoration) differ
substantially from those predominantly found on the other
dwellings in the neighborhood. The common facade
materials in Shadowlawn are brick and clapboard-style
siding (wood and vinyl). The new infill structures, therefore,
should utilize brick or clapboard-style siding on the exterior
facade. Use of materials such as dryvit, stucco, or grooved
plywood would reduce the possibility that the new structure
would be compatible to the neighborhood.
Similarly, compatibility can only be achieved if the
decorative and functional details of the structure are as
similar as possible to the surrounding dwellings. For
example, if the surrounding dwellings commonly utilize
multi-pane, double-hung windows, of a certain proportion,
then the windows to be installed in the new structure should
be as similar as possible to them in those respects.
Installation of windows with large areas of glass and of
irregular shapes probably would not be appropriate.
Parking
Another key factor that, if dealt with successfully, can
ensure compatibility of the new dwelling to the surrounding
dwellings is the manner in which the parking is arranged.
The predominant method of parking in the neighborhood is
either on the street or on a single-stack driveway. This
method of parking arrangement permits the remainder of
the front yard area to be left as open space and lawn. New
structures should try to achieve the same effect by installing
a single-stack driveway and leaving the remaining portion of
Infill Development Guidelines for Shadowlawn March 18, 1993 Page 5
the front yard as open space or lawn. The paving of the
entire front yard area is not desirable, because it will greatly
reduce the potential compatibility of the dwelling w/th the
surrounding dwellings. If it is absolutely necessary to utilize
the entire front yard area for parking, the surface material
should be of a type that permits a lawn groundcover to grow
through, such as porous pavers.
Conclusion
Utilization of the design and land use compatibility
factors presented above can help to ensure that new
dwelling structures constructed on the infill lots in the
Shadowlawn neighborhood are integrated into the character
of the neighborhood and are less likely to negatively impact
adjoining dwellings. Designing a dwelling to satisfy the
factors will no doubt be more difficult than utilizing a design
that simply fits the site and the accompanying zoning
restrictions. The result, however, will be a dwelling that is
compatible to the surrounding dwellings, in respect to design
and land use, and that will give the impression to those who
pass by that it has always been part of Shadowlawn.
Infill Development Gmdehnes for Shadowlawn March 18, 1993 Page 6
- 47 -
Item III-J. 1.
APPOINTMENT
ITEM # 37054
BY CONSENSUS, City Council RESCHEDUI~D the following APPOINTMENT:
CITY OF VIRGINIA BEACH TOWING ADVISORY BOARD
July 13, 1993
Item III-J.2.
APPOINTMENT
ITEM # 37055
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
ARTS AND HUMANITIES COMMISSION
Giles Dodd
Unexpired term thru 6/30/95
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W..
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf,, Nancy K. Parker and Vice Mayor
William D Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
July 13, 1993
- 49 -
Item III-K. I.
UNFINISHED BUSINESS
ITEM it 37056
Councilman Baum suggested that all Public Hearings be scheduled for the City Council Chamber.
Councilman Baurn referenced the Public Hearing at Creeds concerning the Comprehensive Plan revisions
for the Southern portion of the City. Five Members of the City Council were in attendance As this meeting
was not recorded, only those in attendance were aware of the proposed changes. As a result of this
Hearing, the Planning Commission Members were discouraged. Democracy was not that well served.
Councilman Baurn hoped after completion of the workshops, the next Public Hearing will be
SCHEDULED for the City Council Chamber. The Chamber would be more adequate and a recording
wouM be provided.
July 13, 1993
- 50 -
Item III-K. 2.
UNFINISHED BUSINESS
ITEM # 37057
ADD-ON
Councilman Dean complimented the ara'cle entitled: "Council Members Applaud Norfolk's New Ward
System" in the Virginian-Pt'lot Ledger Star, Monday, July 12, 1993.
Councilman Dean distributed copies of this arttcle. Same is hereby made a part of the record
July 13, 1993
- 51 -
Item 111-15.3.
UNFINISHED BUSINESS
ITEM # 37O58
Mayor Oberndorf referenced letter of July 12, 1993, from Mary Puryear Butler commending the Mayor,
Vice Mayor and City Council concerning Churchill Downs supporting a horse racing track in Virginia
Beach.
Said letter is hereby made a part of the record.
July 13, 1993
- 52 -
Item III-L. 1.
NEW BUSINESS
ITEM # 37O59
Councilman Lanteigne referenced the article concerning Andre Cason, "Back on the Fast Track".
Andre Cason was a graduate of Green Run High School and now is one of the premier runners in the
World, beating Dennis Mitchell and two-time Olympic gold medalist Carl Lewis in the 100.
Instead of training in either California or Florida, as he did in the past, Andre Cason has moved to
Atlanta and works out at Georgia Tech and Emory University. He would love to train in Virginia Beach,
but there are no Tartan 400-meter tracks.
Councilman Lanteigne requested the City Manager work with the School Board to determine the cost of
a Tartan track, whether an existing track could be retrofitted, or investigate the new Ocean Lakes High
School for the possibility of establishing a Tartan track.
July 13, 1993
Item III-L. 2.
NEW BUSINESS
ITEM # 37060
Councilman Moss referenced the Memorandum from the City Manager concerning Centerville
Turnpike/Indian River Road Interchange/Kempsville Road and the widening at a cost of $1.4-MILLION
for the redesign.
Urban allocations from the State are going to be significantly reduced. With regard to the Centerville
Turnpike/Kempsville Road at this cost growth of $1.4-MILLION, does it still have the same priorities
as it had at the smaller scope of project. The City Council must significantly reexamine the City's Road
CIP's both from a point of view of City Charter Bonds and other types of,funds that will be available tn
the light of pressing school needs.
Ralph Smith, Director of Public Works, had advised there wouM still be time in the design process.
July 13, 1993
ltem III-L. 3.
NEW BUSINESS
ITEM # 37O61
Councilman Jones referenced the July Seventh correspondence of the City Manager concerning quarterly
financial analysis for certain capital projects. The City Manager advised Ocean Park Storm Drainage
(2-819) Project exceeded appropriations in the amount of $380,260, and recommended advertisement
should be placed on hold. Councilman Jones expressed concern as this project has been continually
postponed. Assurances had been given that this project wouM be completed.
The City Manager advised the cost was becoming higher than the estimate; however, funds are available,
and if it is the intent of City Counctl to proceed with this project, the staff will do so
Councilman Jones advised the City Manager to proceed with the Ocean Park Drainage (2-819) Project.
Item III-L. 4
NEW BUSINESS
ITEM # 37062
Mayor Oberndorf advised City Staff had been monitoring the drainage problems and constant flooding
of streets and property at Pine Ridge. Mayor Oberndorf referenced numerous phone conversations with
Don Sullivan, a resident, concerning this situation. The City Council had agreed these problems would
be addressed. The design has been completed.
The City Manager advised the Pine Ridge project will be brought forward with the current Capital
Improvement Program.
July 13, 1993
- 56 -
Item I[I-L.$.
NEW BUSINESS
ITEM tt 37063
A~ Council Members Lanteigne and Moss will not be in attendance for the City Council RETREAT on
August 13 - 14, 1993, the City Manager will poll the City Council for another date.
July 13, 1993
- 57 -
Item III-L. 6.
NEW BUSINESS
ITEM # 37064
ADD -ON
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council AGREED TO ADD
TO THE AGENDA:
City Manager's proposed Beach Management Plan to install parla'ng in
the median/construct public restroorns, establish a 10% special tax
district (NORTH BEACH AREA in the MANAGEMENT PLAN).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
July 13, 1993
- 58 -
Item III-L. 7.
NEW BUSINESS
ITEM # 37O65
ADD -ON
Upon motion by Vice Mayor Sessorns, seconded by Council Lady Parker, City Council REJECTED:
City Manager's proposed Beach Management Plan to install parla'ng in
the median/construct public restrooms, establish a 10% special tax
district (NORTH BEACH AREA in the MANAGEMENT PLAN).
Voting: 11-0
Council Members Voting Aye:
John ,4. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
July 13, 1993
- 59 -
Item III-M. 1.
ADJOURNMENT
ITEM # 37066
Mayor Oberndorf DECLARED the Meeting ADJOURNED at 5:00 P.M.
Beverly D~ Hooks, CMC
Chief Deputy City Clerk
Ruth Hodges Smith, CMC/AAE
City Clerk
Meyera E. Oberndorf
Mayor
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
L 0
A B
B C N E S
DATE. July 13, 1993 B R L T R P E
PAGE I R A Y J E N A S
B A Z B D O I M D R S
A N I U E N G O O K O
AGENDA U C E R A E N S R E M
ITEM # SUBJECT MOTION VOTE M H R N N S E S F R S
I BRIEFINGS
A AMPHITHEATRE FEASIBILITY STUDY Mark Wawner
Economic Dev
Project Mgr
B STORM WATER MANAGEMENT RESCHEDULED
SERVICE DELIVERY OPTIONS to FORMAL
ANALYSIS SESSION
II/III/E CERTIFICATION OF EXECUTIVE CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y
SESSION
F MINUTES - July 6, 1993 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y
G/1 Resolution endorsing the Commonwealth ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Transportation Board proposed
Transportation Enhancement projects/
authorizing the C~ty to pay 20% of the
total cost for planning/design/
construction/including but not hm~ted to
acquisition of easements/r-o-w
2 Resolution endorsing establishment of ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Chesapeake Bay Alcohol Safety Acbon
Program (formerly Tidewater ASAP)
3 Resolution authorizing Crestar Bank make ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
payment of $1,250 00 to Chase
Manhattan Bank, N A. for lost bond
coupons at $125 00 each and detached
from General Obligation Pubhc
Improvement Bonds Numbered 2836/
2873 thru 2879/2986 and 2987
4 Ordinance authorizing acquls~bon of ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
temporary/perpetual utlhty easement by
agreement or condemnabon
a Lakewlle Estates Water Project
(KEMPSVILLE BOROUGH)
b North Seaboard Road Sewer Project
(PRINCESS ANNE BOROUGH)
5 Ordinance to ACCEPT/APPROPRIATE a ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
$10,000 Grant re purchase of Emergency
Information System Software
(EIS/C)/prow:hng support to the Local
Area Planning Committee {LEPC)
6 Ordinance to APPROPRIATE $15,000 ~n ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
FEMA funds re training requirements for
the Fire Department's Urban Search and
Rescue (USAR) Task Force
7 Ordinance to APPROPRIATE $3,700 to ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Dpt Agriculture re abatement of
environmental damage to/restorabon of
Wetlands ~n the City
8 Ordinance to ACCEPT/APPROPRIATE a ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
$21,924 Grant from Virginia Chesapeake
Bay Local Assistance Dpt/TRANSFER
$12,544 from Reserve for Contingencies
to Dpt of Planmng for cash match for a
full-time Enwronmental Planner I poslbon
9 Ordtnance to ACCEPT/APPROPRIATE a ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
$35,578 Grant from the State Criminal
Jusbce Sennces/TRANSFER $11,859
from Reserve for Contingencies to Police
Dept re enhancing street level narcobcs
enforcement through acquls~bon of
spec4al~zed surve~llance/commumcabons
equipment
i ,
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
L 0
A B
B C N E S
DATE July 13, 1993 B R L T R P E
PAGE: 2 R A Y J E N A S
B A Z B D O I M D R S
A N I U E N G O O K O
AGENDA U C E R A E N S R E M
ITEM # SUBJECT MOTION VOTE M H R N N S E S F R S
10 Ordinance re Closed Circuit Telews~on ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
System operated by Police Dpt at the
Oceanfront
a ACCEPT/APPROPRIATE a $10,000
donation from the VB Hotel/Motel
Association
b TRANSFER $60,000 from the DEA
Setzed Property Special Revenue Fund
Reserve for Contlngenmes
TRANSFER $80,000 from the General
c Fund-Pubhc Safety Technology Reserve
11 Ordinance to TRANSFER $30,000 re ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
repair of concrete drrveways at the
Kempsv~lle Fire Stabon
12 Ordinances authortz~ng temporary ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
encroachments.
a Into a porbon of the C~ty's r-o-w of Shore
DrIve to Umted States Navy re
ma~nta~mng a bnck/cedar privacy fence at
Welhngs Court to Joshn Street w~th
encroachment ~nto r-o-w on Shore Dr~ve
(BAYSIDE BOROUGH)
b Into City's property known as Lynnhaven
MunK:~pal Marina to Warner Athey re
ma~nta~mng a bmber walkway at Vista
C~rcle at Long Creek
(LYNNHAVEN BOROUGH)
H/1 Resolution authom'.~ng an agreement w~th ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
the Caty at Chesapeake re usage of the AS REVISED
T~dewater Detenbon Home consistent w~th
1993-1994 Operabng Budget $100,000
July 1, 1993/$400,000 September
1993/$438,965 July 1994
(Deferred 6/22/93)
2 Ordinance to APPROPRIATE ADOPTED 9-2 Y Y N Y Y Y N Y Y Y Y
$10,293,500 to Pubhc Ut~hbes re
increased cost for purchase of water from
Norfolk/to be offset by corresponding
~ncrease ~n esbmated revenues from sale
of water ~n Water/Sewer Fund
3 Ordinance to TRANSFER $43,300 from MOTION TO 2-9 Y N N N N Y N N N N N
Storm Water Reserves to FY 1993-1994 ADOPT LOST
Operabng Budget re In-House/Out- TO NEGATIVE
Sourmng Study for Storm Water VOTE
Management
I/1/a LAND & COATES INC CUP motor APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
vehicle rentals (Ryder Truck) at Bonney CONDITIONED
Road/Chestnut Avenue
(LYNNHAVEN BOROUGH)
b JAN KOTTKE CUP: child care center at APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y
North Great Neck Road/Old Donabon
Parkway (LYNNHAVEN BOROUGH)
c ROBERT W. McTYRE CUP. 2 s~ngle- APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
family dwelhngs m Ag Chstnct on 5465 CONDITIONED
F~tztown Road (PUNGO BOROUGH)
d CAROL YOUNG/ROBERT G YOUNG JR APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
CUP' 2 single-family dwellings ~n AG-2 CONDITIONED
at 1495 Pnncess Anne Road
(PUNGO BOROUGH)
e CARR THOMPSON CUP motor vehicle APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
rentals at 362 North Witchduck Road CONDITIONED
SuRe 8101 (BAYSlDE BOROUGH)
f PetR~)n of the CITY for closure of a DEFERRED 10-1 Y Y Y Y Y Y Y N Y Y Y
porbon of 19th Stree{ at Arcbc Avenue INDEFINITELY
(VIRGINIA BEACH BOROUGH)
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
L 0
A B
B C N E S
DATE: July 13, 1993 B R L T R P E
PAGE: 3 R A Y J E N A
B A Z B D O I M D R S
A N I U E N G O O K O
AGENDA U C E R A E N S R E M
ITEM # SUBJECT MOTION VOTE M H R N N S E S F R S
I/2/a (1) Ordinance for closure of a AUTHORIZED 10-0 Y Y Y Y Y Y Y Y Y Y A
portion of a 15-foot alley FINAL B
on Croatan Road/Atlanbc APPROVAL S
Avenue/Croatan Beach T
~n petlbon of WHI'I-I' G A
SESSOMS III I
(LYNNHAVEN BOROUGH) N
E
D
(2) Ordinance to APPROPRIATE ADOPTED 10-0 Y Y Y Y Y Y Y Y Y Y A
$18,000 from sale of street B
closure to ClP Project (Pubhc S
Beach ~mprovements) re T
acquiring additional pubhc A
beach access to Croatan Beach I
N
E
D
b RODA ASSOCIATES COZ from R-5D to APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y
B-2 4847 Dolton Drive
(KEMPSVILLE BOROUGH)
c NEW HOPE BAPTIST CHURCH CUP APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y
church (expansion) Old Gmat Neck Road
at Reagan Avenue
(LYNNHAVEN BOROUGH)
d Resolution referring to the Planmng ADOPTED 7-4 Y Y Y Y N Y Y N N N Y
Commission proposed amendments to
Secbons 502(A) and 502(E) of the
CZO/amendment to Appendix of the
Comp Plan re d~mens~onal requirements
J APPOINTMENT
ARTS AND HUMANITIES APPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
COMMISSION
G~les S Dodd Unexpired term
thru 6/30/95
VIRGINIA BEACH TOWING RESCHEDULED B Y C O N S E N S U S
ADVISORY BOARD
K/I_ NEW BUSINESS
ADD- C~ty Manager's proposed Beach REJECTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
ON Management Plan to ~nstall CITY STAFF'S
parking meters/construct pubhc PROPOSAL
restrooms/etc
M ADJOURNMENT 5 00 PM
CITY COUNCIL RECESS
JULY 14 - 31, 1993