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Home My WebLink AboutAUGUST 10, 1993 MINUTES Cit:v- <JE' Virgi1--¡iE:l I3each "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MA YOR MEYERA E OBERNDORF, At Large VICE MAYOR WIWAM D SESSOMS jR At Large JOHN A BAUM, Blackwater Borough LINWOOD 0 BRANCH III VirginIa Beach Borough jAMES W BRAZIER. jR, Lynnhaven &rough ROBERf W CLYBURN, KempsvIlle &rough ROBER f K DEAN, Pnncess Anne Borough LOUIS R JONES BaYSlde Borough PAUL j LANTEIGNE, Pungo &rough JOHN D MOSS, At Large NANCY K PARKER, At Large jA\1ES K SPORE, CIty Manager LE~LlE L UUEY, CIty Attorney RUTH HODGES SMITH, CMC ¡ AAE CIty Clerk CITY COUNCIL AGENDA AUGUST 10, 1993 281 111 Y HALL Bl'lLDINL \-1UNIC IP4L (P'¡ 1 ER 'v1RI'¡.\iI-\ Hl-ALH VIRGI\il4 234O¡ö <JUDO¡ IXU4J 42ì 4jUj I. CITY MANAGER'S BRIEFINGS - Council Chamber - 12:00 NOON A. CITIZEN SURVEY RESULTS Pamela M. Lingle, Director of Public Information B. CITY EMPLOYEES' HEALTH PLAN Fagan D. Stackhouse, Director of Human Resources Donald A. Peccia, Ed.D., Director of Personnel Services, Virginia Beach City Schools II. INFORMAL SESSION - Council Chamber - 1 :30 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 James Higgins Methodist Minister - Retired 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 - August 3, 1993 G. MAYOR'S PRESENTATION 1. Naval Air Station Oceana - Fiftieth Anniversary H. COUNCIL COMMITTEE REPORT 1 . 1986 BOND REFERENDA William A. Schlimgen, Chairman I. 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. 1 . 2. 3. 4. 5. 6. 7. Ordinance to AMEND and REORDAIN Section 33-6 of the Code of the City of Virginia Beach, Virginia, re streets and sidewalks. Ordinance authorizing the City Manager to enter into agreements with the Virginia Beach Beach School Board and its Health Care Providers re participation in the School Board1s Health Care Plans. Ordinances authorizing the City Manager to TRANSFER from the Economic Development Investment Program to the Virginia Beach Development Authority: a. $420,000 to underwrite a portion of the on-site infrastructure costs for improvements on the former Beverly Enterprises Building at 3280 Virginia Beach Boulevard for the Navy Exchange Service Command IS (NEXCOM) Corporate Headquarters. b. $50,000 to underwrite a portion of the on-site infrastructure costs for improvements to the Regional Insurance Headquarters Office of Hilb, Rogal, and Hamilton (HRH) Insurance Company at 5501 Greenwich Road. Ordinance to TRANSFER $50,000 from the FY 1993-1994 Operating Budget General Fund Reserve re retrofit four fire stations with decontamination stations and establishing a mobile decontamination station in accordance with the Virginia Occupational Safety and Health Administration's (OSHA) standards on bloodborne pathogens. Ordinances authorizing temporary encroachments: a. Into a portion of the City's right-of-way of Ocean View Avenue to Wayne Beagle re constructing and maintaining a wooden walkway over a sand dune for access to the beach (BAYSIDE BOROUGH). b. Into a portion of the Canal No.2 Drainage Easement to Stihl, Incorporated re constructing and maintaining a parking lot addition to the top of the bank and approximately 135 feet of chain link fence from Viking Drive to the waters' edge (L YNNHA VEN BOROUGH). Ordinances appointing viewers: a. In the petition of Taylor Group, LP., Claude P. Brown, Betty B. Bourdon and Doris B. Lawrence for the vacating, closing and discontinuance of a portion of Old London Bridge Road (PRINCESS ANNE BOROUGH). b. In the petition of Christian Broadcasting Network, Inc. (CBN) for the closing, vacating and discontinuance of West Centerville Turnpike (KEMPSVILLE BOROUGH). Ordinances authorizing License Refunds in the amount of $13,680.45. J. ORDINANCES Ordinance to AMEND and REORDAIN Chapter 15 of the Code of the City of Virginia Beach, Virginia, by ADDING Section 15-7 re maximum occupancy of hotel and motel rooms. 1 . 2. a. Ordinances re Sheriffls Department: APPROPRIATE $307,000 in additional Federal revenues for prisoner reimbursements re purchase equipment for the Correctional Center. b. APPROPRIATE $100,000 in additional revenues from the Federal government and $220,000 from the Inmate Telephone Program; and, TRANSFER $215,800 from within the Sheriff's Department's FY 1993-1994 Operating Budget re medical contract and employeesl compensation packages. K. PUBUC HEARING 1. PLANNING a. Application of ALBERMARLE TIMBER, INC. for a Conditional Use Permit for a firewood re aration facili in the Agricultural District on the East side of Princess Anne Road, 800 feet more or less North of Indian River Road (1824 Princess Anne Road), containing 52 acres (PRINCESS ANNE BOROUGH). Deferred Indefinitely: June 22, 1993 Recommendation: APPROVAL b. Application of GEORGE and DIANA COOPER for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires aI/lots created by subdivision to meet all requirements of the City Zoning Ordinance, at 1154 Thompkins Lane (KEMPSVILLE BOROUGH). Recommendation: APPROVAL c. Application of JERRY C. WHITEHURST, et ux for a Variance to Section 4.4(d) of the Subdivision Ordinance which requires that aI/lots created by subdivision have direct access to a public street, at 1176 Horn Point Road (PUNGO BOROUGH). Recommendation: APPROVAL d. Application of R & L CHILD CARE, INC., for a n iti h n in istrict CI sification from ~ to - C mmu 't iness i t ict at the Northeast intersection of Constitution Drive and Hinsdale Street (520 Constitution Drive), containing 9,583 square feet (BAYS IDE BOROUGH). Recommendation: APPROVAL e. Application of ALLSAFE SELF STORAGE for a Cond.illQngJ Use Permit for a self a e facili mini-warehou es on the North side of Fallbrook Bend beginning at a point 187.50 feet East of Diamond Springs Road, containing 2.839 acres (BA YSIDE BOROUGH). Recommendation: APPROVAL 1. Applications of FERRELL PARKWAY ASSOCIATES, INC. (PRINCESS ANNE BOROUGH) : (1 ) RECONSIDERATION OF PROFFERS approved April 24, 1989, re property at the Northwest corner of Ferrell Parkway and General Booth Boulevard, containing 15.7 acres. (2) North side of Ferrell Parkway, 700 feet more or less West of General Booth Boulevard, containing 2 acres: (a) AND, (b) CondjßQngJ Use permit for an 'ndoor re reational facli .dr1Is1 Recommendation: APPROVE ALL APPLICATIONS g. Applications of LAKE RIDGE ASSOCIATES in Transition Area I (PRINCESS ANNE BOROUGH), Deferred March 9,1993; Deferred Indefinitely April 27, 1993: (1 ) CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATIONS: (a) 0 mun't u in s i tri to ~ 350 feet Southwest of Princess Anne Road beginning at a point 4600 feet more or less Southeast of Landstown Road, containing 15 acres. (b) istrict to ~: Beginning at a point 4150 feet more or less Northeast of the intersection of Landstown Road and Salem Road. ~: Beginning at a point 5100 feet more or less Northeast of the intersection of Landstown Road and Salem Road. ~: Beginning at a point 5700 feet more or less Southeast of the intersection of Landstown Road and Princess Anne Road. ~: Beginning at a point 6050 feet more or less Southeast of the intersection of Landstown Road and Princess Anne Road. ~: Beginning at a point 6600 feet more or less Southeast of the intersection of Landstown Road and Princess Anne Road. (c) - Communit 41.3 acres: usiness i trict to ~, containing fAB.C.El...1: Northeast side of Princess Anne Road beginning at a point 4500 feet more or less Southeast of the intersection of Princess Anne Road and Landstown Road Extended. EABCEU: 4500 feet more or less Southeast of Landstown Road Extended beginning at a point 350 feet Southwest of Princess Anne Road. ~: Beginning at a point 3410 feet more or less Northwest of the intersection of North Landing Road and West Neck Road. (d) EABCEL1: Beginning at a point 4400 feet more or less Northeast of the intersection of Landstown Road and Salem Road. EABC.EL2: Beginning at a point 4910 feet more or less Southeast of the intersection of Landstown Road and Princess Anne Road. (e) H-1 Hotel District to 0- ffice District 4120 feet more or less Southeast of the intersection of Princess Anne Road and Landstown Road, containing 9.8 acres. (1) ~ to - 0 Re i e tial i r' t 4900 feet more or less Southeast of the intersection of Landstown Road and Princess Anne Road, containing 5.2 acres. (g) ~ to - Communit 167 acres: EAB.C.EL1: Beginning at a point 1100 feet more or less Southwest of the intersection of Landstown Road and Princess Anne Road. EABC.EL2: Beginning at a point 2700 feet more or less Northwest of the intersection of North Landing Road and West Neck Road. (h) ~ to P- Preservation District, containing 90 acres: EAB.C.EL1: Beginning at a point 3350 feet more or less Southwest of the intersection of Landstown Road and Princess Anne Road. EABC.EL2: Beginning at a point 4300 feet more or less South of the intersection of Landstown Road and Princess Anne Road. ~: Beginning at a point 3210 feet more or less South of the intersection of Landstown Road and Princess Anne Road. EAB.C..E.LA: Beginning at a point 3750 feet more or less Northeast of the intersection of Landstown Road and Salem Road. ~: Beginning at a point 4950 feet more or less Southeast of the intersection of Landstown Road and Princess Anne Road. ~: Beginning at a point 5500 feet Northwest of the intersection of North Landing Road and West Neck Road. (i) ~ to R-10 Reside tial acres: is rict, containing 125.9 ~: Beginning at a point 4500 feet more or less North of the intersection of Landstown Road and Salem Road. EABC.EL2: Beginning at a point 2650 feet more or less Southwest of the intersection of Landstown Road and Princess Anne Road. ~: Beginning at a point 3500 feet more or less Southwest of the intersection of Landstown Road and Princess Anne Road. ~: Beginning at a point 3300 feet more or less Southwest of the intersection of Landstown Road and Princess Anne Road. ~: Beginning at a point 3200 feet more or less Southwest of the intersection of Landstown Road and Princess Anne Road. .EABCELQ: Beginning at a point 3900 feet more or less Northeast of the intersection of Landstown Road and Salem Road. ~: Beginning at a point 3450 feet more or less Northeast of the intersection of Landstown Road and Salem Road. PARCEL 8: Beginning at a point 4930 feet more or less South of the intersection of Landstown Road and Princess Anne Road. ~: Beginning at a point 5100 feet more or less Northwest of the intersection of North Landing Road and West Neck Road. m P-1 Preservation acres: .eABC..ELl: Beginning at a point 3100 feet more or less Northeast of the Intersection of Landstown Road and Salem Road. PARCEL 2: East side of Landstown Road beginning at a point 2950 feet Southwest of the intersection of Landstown Road and Princess Anne Road. (k) P-1 Preservation District to R-10 Residential District, containing 61.9 acres: PARCEL 1: Beginning at a point 3950 feet more or less Northeast of the intersection of Landstown Road and Salem Road. ~: Beginning at a point 3200 feet more or less Northeast of the intersection of Landstown Road and Salem Road. PARCEL 3: Beginning at a point 2300 feet more or less Northeast of the intersection of Landstown Road and Salem Road. (I) R-10 Residential District to 0- Office District, containing 10.7 acres: PARCEL 1: Beginning at a point 2200 feet more or less Northwest of the intersection of Landstown Road and Salem Road. EABCE.L2: Beginning at a point 2650 feet more or less Northeast of the intersection of Landstown Road and Salem Road. EAB.QEU: Beginning at a point 3770 feet more or less Northeast of the intersection of Landstown Road and Salem Road. (m) istrict, containing EA8.CEU: Beginning at a point 4500 feet Northeast of the intersection of Landstown Road and Salem Road. PARCEL 2: Beginning at a point 3300 feet more or less Southwest of the intersection of Landstown Road and Princess Anne Road. (2) CONDITIONAL USE PERMIT for a 9QI1 course on certain parcels beginning at a point 5450 feet more or less Northwest of the Intersection of North Landing Road and West Neck Road, containing 170.7 acres. Recommendation: APPROVE ALL APPLICATIONS L. UNFINISHED BUSINESS 1 . Reapportionment Concepts a. 7 -4 Plan b. Modified 7-4 Plan c. 7 District - 4 At-Large Plan M. NEW BUSINESS N. ADJOURNMENT *********** If you are physically disabled, hearing or visually impaired and need assistance at this meeting please call the CITY CLERKIS OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM *********** 8/3/93bp AGENDA\8-10-93.PLN MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 10, 1993 Mayor Meyera E. Oberndorf called to order the CITY MANAGER's BRIEFINGS of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Buildzng, on Tuesday, August 10, 1993, at 12:00 NOON. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K Dean, Mayor Meyera E Oberndorf, Nancy K Parker and VIce Mayor Wzlliam D. Sessoms, Jr. Council Members Absent: James W. Brazier, Jr. [ENTERED: 12:20 P.M,] Louis R, Jones [ENTERED: 1:08 P.M.] Paul J, Lanteigne [ENTERED. 12:12 P.M.] John D. Moss [OUT OF TOWN ON BUSINESS] -2- CITY MANAGER'S BRIEFINGS CITIZEN SURVEY RESULTS 12:00 NOON ITEM # 37089 Pamela M, Lingle, Director of Public Information, advised at the direction of the City Council, City staff developed and coordinated a Citizen Survey to determine citizen satisfaction with City services. Basically in December 1992, the staff began surveying eighty -six municipalities across the United States and Canada to determine how Cities across the Country utilized surveys. Approximately 36 surveys were received, and compiled. In January, this information was presented to the Mayor, VIce Mayor and individual members of City Council to determine the type of survey the City Council required. A PUBLIC RELATIONS PLANNING TEAM was established, comprised of the following members: Community Development and Revitalization Team VIrginia Venable, Economic Development Department Nicki Woolery, Department of Convention and VIsitor Development Internal Services Team Gwen Cowart, VIce Services Department Human Services Team/Productivity Rightsizing Team Dr. Dennzs Wool, Community Services Board Public Safety Team Curtis Fruit, Clerk of the Circuit Court Library, Recreation and Cultural Team Martha J. Sims, Public Library Department Total Quality Management Representative Linda A, Champion, City Manager's Office Human Resources Department Representative Mary Lopez Public Information Office Staff Pamela Lingle Diane Roche, APR Katherine Jackson In-House Research Team Jan Ahrens-Bella, Department of Parks and Recreation Stacy Hershberger, Department of Management & Budget Tom Mitchell, Department of Police Jim Tyminski, Department of Polzce Research Technical Advisor E. J. "Ted" WIllies, Ph.D., Statistician and Professor of Business Management, Tidewater Community College In addition to Dr. WIllies, various local and out-of-state survey experts, many of whom have been involved in citizen surveys, reviewed and provided feedback on the questionnaire draft. Ken Wheeler, President of Facts Research, Inc.; David McKay, Ph D., Director of Organizatzon Research, City of Austin, Texas; Mr. Harry P Hatry, Director of State and Local Policy, Urban Institute, Thomas l Miller, Ph.D., Director of Division of Research and Evaluation, City of Boulder Colorado (and co-author of an ICMA special report, Çitizen Surveys. How to ~Them. How to UMLThem. What they ~ The questionnaire was presented to City Council on June First and the actual survey conducted from the Commissioner of Revenue's Office June 15, 16 and 17, 1993, from 6.30 P.M. to 9:00 P.M., with 2,421 calls made to residents and 479 interviews completed (19.8%) by an average 24 interviewers per night. August 10, 1993 -3- CITY MANAGER'S BRIEFINGS CITIZEN SURVEY RESULTS ITEM # 37089 (Continued) Interviewers were primarily citizens of Virginia Beach (88%, and 90/0 from Norfolk and 3% from CheS/lpeake) and included volunteers from various civic organizations: Cape Henry Women~ Club, Virginia Beach Alumnae Chapter Delta Sigma Theta Sorority, Virginia Beach Jaycees, American Association of University Women, League of Women Voters, Court Docent Program and the Volunteer Council, supplemented with contractual staff from Select- Temp. 118 hours of volunteer service was provided. WIthin a factor of plus or minus 4.50/0 margin of error, the survey was then taken to Tidewater Community College and Dr. Willies oversaw the original data entry and provided the original statistics to the City. In general, of those citizens expressing an opmion of the City services listed in Part I of the survey, most expressed satisfaction. Ninety-two percent (92%) indicated satisfaction. Eighty-nine percent (89%) indicated they could conveniently access City services. 92% of citizens agreed "VIrginia Beach is a good place to live. " In contact with City representatives, 60% of the citizens felt valued as a citizen or customer (16% did not and 24% did not know). Regarding City decision making and information exchange: a majority (51%) of citizens felt that citizens' opinions are considered before the City makes decisions (36% did not and 13% did not know). 64% felt well informed about City issues and services; and 64% knew how to inform the City about the way they felt on important issues, The percentage of citizens were dissatisfied or very dissatisfied with specific City services never reached a statistical majority of the citizens interviewed. There were only a few service areas in which over 25% expressed dissatisfaction. Out of the 29 service areas examined, only 6 were in the aforementioned category. The survey was designed to determine not only the satisfaction of residents, if they utilized the service, but also if they did not use the service. Citizens who were dissatisfied were asked to provide brief comments on why they were dissatisfied. The primary services and reasons expressed for dissatisfaction included; parking facilities at the ocean front and Municipal Center (44%), with the mam reasons being need for more municipal parking in general ore more at the ocean front; storm water drainage (35%), with the main reasons being flooding and poor drainage; economic growth and development (29%), with the main reasons being the City is growing too fast; City streets and roads (27%), with the main reasons being poor or slow repairs and construction of roads; and services for the homeless (27%), with the main reasons being more programs, facilities or services needed for the homeless. Major comments about specific services are included in this report From discussions among the MLT and the Public Relations Planning Team, two recommendations resulted from this survey. First, survey results and detailed citizen comments should be disseminated to the City agencies to provide City officials basic information about usage of major City services and the way citizens feel about City services. This information may assist City agencies focus their efforts to obtain more detailed information about citizens' opinions about specific services, through the use of user analysis or focus groups. The second recommendation is to continue usmg the Citizen Satisfaction survey as a tool to track citizen usage and satisfaction with City services annually over the next three years. The same survey (with modifications to improve the survey's focus, validity, and/or relzabilzty) should be used to form a baseline of comparative data. The Retreat for the Public Relations Plan will be conducted August 19 and 20, 1993, with the final Plan being presented to City Council in September or October. In order to obtain baseline comparative data, the Team would like to conduct for three years a similar annual survey. A copy of the 1993 Citizen Survey Report is hereby made a part of the record. Copies of this report are in the Public Libraries and the results will be published in the Beach Advzsory in October, Mayor Oberndorf expressed appreciation and noted the presence of several employees and citizens in the audience. These individuals are members of the City's Customer Services Team formed to seek opportunities to enhance the quality of Government customer service. August 10, 1993 -4- CITY MANAGER'S BRIEFINGS CITY EMPLOYEES' HEALTH PLAN 12:32 P.M. ITEM # 37090 Fagan D. Stackhouse, Director of Human Services, recognized Dr. Donald A. Peccia, Director of Personnel Services, VIrginia Beach City Schools and Lynn Sachs, President of the Hampton Roads Health Care Coalition and Benefits Coordinator. Mr. Stackhouse through the utilization of slides presented the 1994 HEALTHCARE OFFERINGS: THREE HMO PLANS Health First/Priority Sentara Optima ONE INDEMNITY PLAN Blue Cross/Blue Shield Keycare Plan HMO ADVANTAGES Increase in Health Care Benefits Lower Rates VIsion Benefits (HMO) Reduction in Prescription Copayments ($7 to $5) Addition of Subscriber Plus Spouse Category Mr. Stackhouse cited the following hospitals which must be utilized when a particular plan is chosen: OPTIMA/SENT ARA Chesapeake General Children ~ Hospital of the King's Daughters Mary Immaculate (Newport News) Maryview Medical Center (Portsmouth) Norfolk Community Obici Hospital (Suffolk) Sentara Bayside Sentara Hampton General Sentara Leigh Sentara Norfolk General WIlliamsburg Community PRIORITY -HEALTH FIRST Chesapeake General Children ~ Hospital of the King's Daughters DePaul Hospital Maryview Medical Center Portsmouth General Obici Hospital (Suffolk) VIrginia Beach General August 10, 1993 -5- CITY MANAGER'S BRIEFINGS CITY EMPLOYEES' HEALTH PLAN ITEM # 37090 (Continued) BLUE CROSS/BLUE SHIELD KEY CARE PLAN ADVANTAGES Employees would be permzued to seek medical service from the provider of their choice Participating provider benefits are greater Largest preferred provider network zn Vzrginia Well baby coverage whzch includes routine immunizations Automatic claims filing for most health care services. KEY CARE PLAN - OTHER CONSIDERATIONS Self-funded with specific stop loss at $60,000 Cost Plus - City is responsible for Claims in excess of premiums Less stringent managed care components CITY OF VIRGINIA BEACH AND VIRGINIA BEACH SCHOOL SYSTEM COSTS FOR 1994 HEALTH FIRST/PRIORITY Category of Coverage Monthly Monthly Annual Annual Cost: Cost: City Cost: School Cost: City School Subscriber $ 170.50 $ 170.50 $ 2046,00 $ 2046.00 Subscriber plus 1 minor $ 199.16 $ 199.16 $ 2389.92 $ 2389.90 Subscriber plus spouse $ 273.85 $ 273.84 $ 3286.20 $ 3286.10 Family $ 398.33 $ 398.33 $ 4780.00 $ 4780.00 CITY OF VIRGINIA BEACH AND VIRGINIA BEACH SCHOOL SYSTEM COSTS FOR 1994 SENT ARA Category of Coverage Monthly Monthly Annual Annual Cost: Cost: City Cost: School Cost: City School Subscriber $ 173.97 $ 164.18 $ 2087.64 $ 197025 Subscriber plus 1 minor $ 208.76 $ 186.17 $ 2505 12 $ 2240.00 Subscriber plus spouse $ 287.05 $ 256,67 $ 3444.60 $ 3080.00 Family $ 417.53 $ 359.33 $ 501036 $ 4312.00 August 10, 1993 -6- CITY MANAGER'S BRIEFINGS CITY EMPLOYEES' HEALTH PLAN ITEM # 37090 (Continued) CITY OF VIRGINIA BEACH AND VIRGINIA BEACH SCHOOL SYSTEM COSTS FOR 1994 OPTIMA Category of Coverage Monthly Monthly Annual Annual Cost: Cost: City Cost: School Cost: City School Subscriber $ 174.97 $ 164.18 $ 2099.64 $ 1970.25 Subscriber plus 1 minor $ 209.76 $ 186.76 $ 2517.12 $ 2240.00 Subscriber plus spouse $ 288.05 $ 25667 $ 3456.60 $ 3080.00 Family $ 418.53 $ 359.33 $ 5022 36 $ 431200 CITY OF VIRGINIA BEACH AND VIRGINIA BEACH SCHOOL SYSTEM COSTS FOR 1994 BLUE CROSS/BLUE SHIELD KEYCARE Category of Coverage Monthly Monthly Annual Annual Cost: Cost: City Cost: School Cost: City School Subscriber $ 201.22 $ 171.33 $ 2414.64 $ 2056.00 Subscriber plus 1 minor $ 241.22 $ 228.33 $ 2894,64 $ 2740.00 Subscriber plus spouse $ 331.26 $ 333.33 $ 3975 12 $ 4000.00 Family $ 481.31 $ 361.67 $ 5775,72 $ 4340.00 Dr. Peccia expressed appreciation to Superintendent Faucette, City Manager Spore, Council Members Parker and Brazier for continuing, encouraging and enhancing the working relatwnship with the School Board, School and City employees The results of these interactions are especially encouraging. Because of combined efforts, health insurance is now affordable to all City and School employees. WIthout proper management, education and continued working relationships with the providers of health insurance, all of these efforts will be lost in the next three years. COMPARISON OF 1993 RATES AND 1994 RATES FOR CITY OF VIRGINIA BEACH (MONTHLY/INCLUDES VISION). 1994 RATES - PRIORITY/HEALTH FIRST 1993 1994 1993 Employee 1994 Employee Premium Premium Pays Pays Subscriber $ 177.48 $ 170.50 $ 27.48 $ 0.50 Subscriber plus 1 minor $ 207,60 $ 199.16 $ 57 60 $ 29,16 Subscriber plus spouse $ 422.94 $ 273.85 $272.94 $103.85 Family $ 422.94 $ 398.33 $272 94 $228,33 Family - 2 employees $ 422.94 $ 398 33 $122,94 $ 58.33 August 10, 1993 -7- CITY MANAGER'S BRIEFINGS CITY EMPLOYEES' HEALTH PLAN ITEM # 37090 (Continued) COMPARISON OF 1993 RATES AND 1994 RATES FOR CITY OF VIRGINIA BEACH (MONTHLY/INCLUDES VISION)* 1994 RA TES - SENT AM 1993 1994 1993 Employee 1994 Employee Premium Premium Pays Pays Subscriber $ 177.48 $ 173.97 $ 27.48 $ 3.97 Subscriber plus 1 minor $ 207.60 $ 208.76 $ 57.60 $ 38. 76 Subscriber plus spouse $ 422.94 $ 287.05 $272.94 $117.05 Family $ 422.94 $ 41753 $272.94 $247.53 Family - 2 employees $ 422.94 $ 417.53 $122.94 $ 77.53 COMPARISON OF 1993 RATES AND 1994 RATES FOR CITY OF VIRGINIA BEACH (MONTHLY/lNCLUDES VISION)* 1994 RATES - OPTIMA 1993 1994 1993 Employee 1994 Employee Premium Premium Pays Pays Subscriber $ 177.48 $ 174,97 $ 27.48 $ 4.97 Subscriber plus 1 minor $ 207.60 $ 209.76 $ 57.60 $ 39. 76 Subscriber plus spouse $ 422.94 $ 288,05 $272.94 $118.05 Family $ 422.94 $ 418.53 $272.94 $248.53 Family - 2 employees $ 422,94 $ 418,53 $122,94 $ 78.53 COMPARISON OF 1993 RATES AND 1994 RATES FOR CITY OF VIRGINIA BEACH (MONTHLY/NO VISION)* 1994 RATES - BLUE CROSS/BLUE SHIELD - KEYCARE RATES 1993 1994 1993 Employee 1994 Employee Premium Premium Pays Pays Subscriber $ 192. 72 $ 201.22 $ 42. 72 $ 31.22 Subscriber plus 1 minor $ 226,03 $ 241.22 $ 76.03 $ 71.22 Subscriber plus spouse $ 462.33 $ 331.26 $312.33 $161.26 Family $ 462 33 $ 481 31 $312.33 $311.31 Family - 2 employees $ 462.33 $ 481,31 $162,33 $141.31 August 10, 1993 -8- CITY MANAGER'S BRIEFINGS CITY EMPLOYEES' HEALTH PLAN ITEM # 37090 (Continued) COMPARISON OF 1993 RATES AND 1994 RATES FOR CITY OF VIRGINIA BEACH (MONTHLY/NO VISION). 1994 RATES - BLUE CROSS/BLUE SHIELD - KEYCARE RATES 1993 1994 1993 Employee 1994 Employee Premium Premium Pays Pays Out of Area Key care Plan Subscriber $ 226.48 $ 201.22 $ 76.48 $ 31.22 Subscriber plus 1 minor $ 289.52 $ 241.22 $139,52 $ 71,22 Subscriber plus spouse $ 591.01 $ 331.26 $441.01 $161.26 Family $ 591 01 $ 481.31 $441.01 $311.31 Family - 2 employees $ 591.01 $ 481.31 $291.01 $141.31 Mayor Oberndorf complimented City Manager Spore, Dr. Faucette, Dr. Peccia, Mr. Stackhouse, and most especially Council Members Parker and Brazier for their excellent accomplishments, August 10, 1993 - 9 - ITEM # 37091 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, August 10, 1993, at 1:08 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R, Jones, Paul J, Lantezgne Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D Sessoms, Jr. Council Members Absent: John D. Moss August 10, 1993 - 10 - ITEM # 37092 Mayor Meyera E. Oberndorf entertained a motion to permit City Counczl to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Vzrginia, as amended, for the following purposes: . Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplinzng, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To- Wzt: Appointments - Boards and Commissions' City of Vzrgznia Beach Towing Advisory Board Community Corrections Resource Board Development Authority Parks and Recreatzon Commission Pendleton Child Servzce Center Public Library Board Southeastern Hampton Roads Disability Services Board Tzdewater Communzty College Board Wetlands Board , Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly -held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To- Wzt: Acquisition of Right-of- Way - Rudee Inlet Bridge Project ~: Consultatzon wzth legal counselor briefings by staff members, consultants, or attorneys pertainzng to actual or probable litigation, or other specific legal matters requestzng the provisions of legal advice by counsel pursuant to Sectzon 2.1-344(A)(7). To- Wzt: Ferhut Claim Upon motion by Vzce Mayor Sessoms, seconded by Councilman Baum, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazzer, Jr., Robert W. Clyburn, Robert K Dean, Lows R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K Parker and Vzce Mayor Wzlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 10, 1993 - 11 - FORMAL SESION VIRGINIA BEACH CITY COUNCIL August 10, 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, August 10, 1993 at 2:00 P.M, Council Members Present: John A. Baum, Linwood O. Branch, IlL James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R, Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D. Sessoms, Jr, Council Members Absent: John D. Moss [our OF TOWN ON BUSINESS] INVOCATION: Reverend James Higgins Methodist Minister - Retired Mayor Oberndorf advised Reverend Higgins has been a devoted member of the Chaplain 's Corps assisting the police at the oceanfront. August 10, 1993 - 12 - ~ CERTIFICATION OF EXECUTIVE SESSION ITEM # 37093 Upon motion by VIce Mayor Sessoms, seconded by Councilman Lanteigne, 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, discussed or considered by VIrginia Beach City Council. Voting: 10-0 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, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 10, 1993 Etønlutinu 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 # 37092, Page No. 10, 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 memberls 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. ~.t-'-Ž-- ~~. R th Hodges Smith, CMC/AAE City Clerk August 10, 1993 - 13 - ~ MINUTES ITEM # 37094 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of August 3, 1993, Voting: 10-0 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. Lan tezgn e, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 10, 1993 iRtønlutinu RUœJU2D1G UtE fIRX£1H AIIXOEIJARIJ f)f JWW: AI.I 'IAIX. t)(£AJIA IIÐf .AS : Air opera~ions are ~he hear~bea~ of a ui~al anò òynamic mas~er je~ base known as Naual Air '~a~ion (NA$) ~ceana, anò i~s pulse ra~e is measureò by ~housanòs of ~ake-offs anò lanòings each year, where ouer seuen miles of runway serue mili~ary air ~raffic; IPfPfAJ: Augus~ 17, 1993, marks ~he fif~ie~h Anniversary øf laval Air 'ta~iøn Ðceana anò ~he Ci~y of Oirginia Beach is prouò ~o join in ~he fes~iui~ies ~o celebra~e ~his mas~er je~ base's his~ory, which began in 1940 when 328 acres of swamplanò were carueò ou~ as an auxiliary war~ime airfielò; IIIÐf .AS : on Augus~ 17, 1943, war~ime grow~h pusheò Ðceana's s~a~us ~o a Naual Air Auxiliary '~a~ion; in 1952, i~ was òesigna~eò a Naual Air '~a~ion; by 1953, i~ was an all-wea~her air s~a~ion; anò, by 1957, i~ was officially òesigna~eò a mas~er je~ base wUh ~he longes~ ru111J)ays in Hamp~on Roaòs, loca~eò wHhin ~he boròers of Oirginia Beach, lJirginia, near ~he warming curren~s of the AHanHc Gulf '~ream, which alloweò i~ to operate when o~her fielòs coulò no~; 1IHfRf.AS : ouer ~he years, ~ceana has grown more ~han six~een ~imes i~s original siae anò ~oòay i~ is a complex of ouer 6,000 acres anò home ~o some 9,500 Nauy personnel anò ~heir 11,000 òepenòen~s; IPfPfAJ: the ~en f-14 (omca~ je~ figh~er squaòrons anò five A-6 In~ruòer meòium a~~ack squaòrons assigneò ~o ~he A~lan~ic flee~ are baseò a~ NA$ ~ceana; anò, ~he Air '~a~ion also has an excellen~ 'earch anò Rescue (,Ai) unit which flies the 'H-3 'ea King helicop~er, prouiòing ou~stanòing rescue seruice ~o both military anò ciuilian communi~ies; IIIfPf" AS : four squaòrons for ~raining air crews anò maint!enance personnel are permanenHy s~aHoneò a~ NA$ ~ceana: A~~ack 'quaòron forty-two (IJA-42) is t!he A-6 Intruòer training Unit!; fighter 'quaòron forty-three (lJf-43) anò fighter ComposUe 'quaòron twelve (lJfC-12) perform Air Combat! maneuvering ~raining; figh~er 'quaòron ~ne tero ~ne (lJf-101) conòuct!s f-14 tomca~ ~raining; anò, ~ceana's Naual Air maint!enance (raining De~achment is a uni~ which ~rains highly qualifieò main~enance ~echnicians for A-6 In~ruòer anò f-14 (amca~ squaòrons; anò, IIIfJ2f .AS : the hame of nine~een of ~he Nauy's finest! fight!er anò a~t!ack squaòrons, ~his exceeòingly busy anò ex~remely impor~an~ Naual Air '~a~ion plays an impor~an~ role in our Na~ion's òefense anò our Ci~y's prosperUy. RGI, (HER£fGRE, BE It I£JÐ£OEÐ: ~ha~ the Ci~y Council of ~he Ci~y of Oirginia Beach, Oirginia, commenòs Naual Air 't!aHon ~ceana on Us rich hist!ory anò congra~ulat!es Us personnel on ~he occasion of Hs fif~ie~h Anniversary. Giuen unòer our hanòs anò seals this (en~h òay of August, Nine~een Hunòreò anò Nine~y-(hree. John A. Baum Ci111J)oOÒ ~. Branch, III James m. Braaier, Jr. Robert! m. Clyburn Rober~ K. Dean Cnuis R. Jones Paul J. Can~eigne John D. moss Nancy K. Parker meyera £. ~bernòorf mayor milliam D. 'essoms, Jr. lJice mayor - 14 - ~ MAYOR'S PRESENTATION ITEM # 37095 Mayor Oberndorf presented a RESOLUTION IN RECOGNITION: FIFTIETH ANNIVERSARY OF NAVAL AIR STATION OCEANA August 17, 1993 Captain John W. Craine, Jr., Commanding Officer, u.S. Naval Air Station Oceana, ACCEPTED the Resolution commending Naval Air Station Oceana on its rich history and congratulating its personnel on the occasion of its Fiftieth Anniversary. On August 17, 1943, wartime growth pushed Oceana's status to a Naval Air Auxiliary Station; in 1952, it was designated a Naval Air Station; by 1953, it was an all-weather air station; and, by 1957, it was officially designated a master jet base with the longest runways in Hampton Roads, located within the borders of Virginia Beach, VIrginia, near the warming currents of the Atlantic Gulf Stream, which allowed it to operate when other fields could not. Over the years, Oceana has grown more than sixteen times its original size and today it is a complex of over 6,000 acres and home to some 9,500 Navy personnel and their 11,000 dependents. Oceana is the home of nineteen of the Navy's finest fighter and attack squadrons. This exceedingly busy and extremely important Naval Air Station plays an important role in our Nation's defense and our City's prosperity. August 10, 1993 - 15 - Item III-H.1. COUNCIL COMMI1TEE REPORT ITEM # 37096 G. Garland Payne, Member - Bond Referendum Committee - presented in the absence of WIlliam A. Schlimgen - Chairman, the June 29, 1993 Bond Referendum Committee Report. Said report is hereby made a part of the record. The projects are moving forward as scheduled, The operational services of the new Recreation Center at Princess Anne are going to be put out for bid. Mr. Payne advised encouraging information related to the Lake Gaston project, one phase of the project may now be eliminated, which might save the taxpayers up to $30-MILLION. Relative the 1986 Highway Referendum, the Ferrell Parkway, Independence Boulevard Phase II-A, Indian River Road, Northampton Boulevard, General Booth Boulevard, and two Lynnhaven Parkway projects are complete. Construction is scheduled to begin on Independence Boulevard, Phase IV -A in April 1994. Of $40,000,000 authorized, 95.1%, or $38,034,156, has been contracted. Concerning the 1987 Recreation Center Referendum, the Great Neck, Bayszde and Bow Creek facilities are open to the public. The Princess Anne Community center project is 92% complete, Through June 30, 1993 (unaudited), $31,880,325, or 97%, of the $32,850,000 total has been contracted. Regarding the 1986 School Referendum, negotiations are underway for the Various School Site Acquisitions. Construction is complete on Ocean Lakes, Red Mill Farm, Tallwood and Glenwood Elementaries. Sites for Landstown (formerly Green Run) Elementary and Mzddle School and Strawbridge (formerly London Bridge) Elementary School have been acquired Construction began on Ocean Lakes High School in January 1993 and, as of June 30, 1993, was 22% complete. Corporate Landing Elementary School is 80% complete, Funds totaling $32,310,000, or 100% of the $32,310,000 authorized, have been contracted. Concerning the 1989 School Referendum, work is complete on the original thirteen elementary school gymnasium additions. Construction on the addition at Old Donation Center for the Gifted and Talented began December 1992 and, as of June 30, 1993, was 41% complete, Work is complete on Strawbridge Elementary and the Bayside and Kellam Hzgh School modernizations Construction of the Tallwood High, Landstown Elementary and Landstown Middle School projects is 99.9%, 99.9%, and 99.9% complete, respectively. Of $68,375,000 authorized, $68,107,772, or 99,6%, has been contracted. August 10, 1993 - 16 - l1f:m..lll:::L. CONSENT AGENDA ITEM # 37097 Upon motion by Vzce Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED in ONE MOTION items 1, 2, 3a/b, 4, 5 a/b, 6b and 7 of the CONSENT AGENDA. Item 60. was pulled for a separate vote. Voting: 10-0 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, Mayor Meyera E, Oberndorf, Nancy K Parker and VIce Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss *Councilman Dean ABSTAINED on Item III -12 of the CONSENT AGENDA August 10, 1993 - 17- ~ CONSENT AGENDA ITEM # 37098 Upon motion by VIce Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 33 -6 of the Code of the City of VIrginia Beach, VIrginia, re streets and sidewalks. Voting: 10-0 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, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 10, 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 1 2 3 4 AN ORDINANCE TO AMEND AND REORDAIN SECTION 33-6 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO STREETS AND SIDEWALKS. 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That section 33-6 of the Code of the City of Virginia Beach, 8 Virginia, is hereby amended and reordained to read as follows: 9 section 33-6. Sales conducted on or adjacent to the public right- of-way. For purposes of this section only, "sale or exchange" shall be defined as the advertising, displaying, offering or exchanging for value of the below-mentioned items. The sale or exchange of any item, including but not limited to any and all goods, wares, flowers, prepared or unprepared food or any other product by any person from any temporary structure, including but not limited to any table or stand, or from any motor vehicle, trailer, cart, dray, wagon, pushcart or any hand or pedal- propelled vehicle shall be subject to the following regulations: (a) Sales conducted in the public right-of-way. (1) No such sale or exchange shall be made in any street or public right-of-way along any street for which limit is the posted speed greater than twenty-five miles per hour, (25 ) nor shall such sale or exchange be made in any street or public right-of-way within twenty-five (25 ) feet of any intersection. (2) No person conducting such sale or exchange in any street or public right-of-way may remain within any one-block area for more than fifteen (15) minutes before moving to another block. Additionally, such sale or exchange may not be repeated in the same block within any eight-hour period. A block shall 34 35 36 37 38 39 40 41 42 43 44 (b) 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 be understood to mean a section of a street between its intersection with two (2) adjoining streets, or a section of street five hundred (500) feet in length, whichever is shorter. (3) The provisions of subsection (a) hereof shall not apply to such sales or exchanges conducted on the premises of the Virginia Beach Farmer's Market or of any other commercial enterprise operated under franchise agreement of permit authorized by the city manager. Sales conducted on private property adjacent to the public right-of-way. conducting sale Persons a or exchange of the type described in this section on private property, and persons allowing their private property to be used for such sales or exchanges, shall be subject to the following regulations: (1) sale exchange shall take place No or be or conducted, and no structure used for such sale or exchange shall be located, within fifty (50) feet of sidewalk the closest edge of the nearest pavement, if no is street pavement there or sidewalk, of any public right-of-way. (2) The person conducting the sale or exchange shall have obtained written permission to conduct such activity from the owner of the property involved, and obtained owner shall have also from such exclusive control over any of the property, within the allowed area, sufficient to ensure that there is adequate circulation for the safe of space traffic; such area shall not be less than eight hundred (800) square feet. The person conducting the sale or exchange shall not allow any other activity to be conducted within this minimal eight hundred (800) square foot area. 2 68 (3) 69 70 (4) 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 Such sales or exchanges shall not be conducted on or from vacant lots. Before conduct or such sale any person may exchange, such person must have provided to and have had approved by the department of planning a plat or site plan identifying the location of the property on which the activity is to be conducted and showing the location of the structure from which the sale or exchange activity will occur, the area under the control person, and such of provisions for well-defined vehicular entrances and exits. Such plat or site plan shall be accompanied by fee twenty-five dollars nonrefundable of a ($25.00) for processing. After review and approval of such plat or site plan by the department of planning, application shall be made to the city manager or his designee for a permit to engage in the activities by this section, in covered accordance with this section and the approved plat or site plan. Such application shall state the name, address and telephone number of the person or persons conducting the activity, the days and hours of operation, and shall include evidence of the property owner's permission to so use the property, as required as above, well a copy of the as approved plat or site plan. A copy of the permit issued by the city manager or his designee as well as a copy of the approved plat or site plan and the written permission of the property owner shall be kept at the site of the activity. Such permit must be obtained before a business license f or such activity may be issued, and shall be renewed annually prior to the renewal of any business license. 3 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 (c) 124 125 126 127 128 129 130 131 132 133 134 (5) The requirements of subsection (b) hereof shall not apply to outdoor sales and exchanges which occur as an incidental part of the retail sales activity of a merchant regularly conducting business from a permanent building where such sales are conducted on the premises of building in the and close proximity to said building; nor shall they apply to the otherwise lawful sale of market produce and processed agricultural food products such as jams and jellies; nor to garage sales in residential areas. (6) Nothing herein shall exempt any person conducting a sale or exchange of the type described herein from the requirements zoning of the comprehensive ordinance or any other applicable provision of the law. (7) obtains permit pursuant to who A person a subsection (4), above, shall be allowed one sign which shall be permanently attached to a motor vehicle and which shall not exceed ten (10) square feet in size. Compliance. Every person who obtains a permit under the requirements of this section shall keep the permit, approved plat or site plan and written permission of the property in a convenient place and, whenever owner requested to do so, shall exhibit the same to any police officer, commissioner agent of the of revenue or inspector for the department of public worka planning. violation of any of the requirements of this section shall constitute a Class 1 misdemeanor. The city manager or his designee shall revoke the permit issued to any person pursuant to subsection (b) (4) upon his conviction of violating any of the provisions of this section. 4 135 136 137 138 139 140 141 142 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Adopted by the Council of the City of Virginia Beach, Virginia on the 10 , 1993. day of August CA-5200 ORDIN\PROPOSED\33-006.0RD R1 JULY 9, 1993 APP R 0 VE~TO CO NTENTS - -----~ïURE ---~ ~ ~-~- , " ,.\ ~,I. / 'IEr"} AS Tt) lEGAL ~ I '='~NC Y Az;;ID - ~--~d4J - ~ ,~~a... /. t (Iï" /-, FORNEY 5 - 18 - ~ CONSENT AGENDA ITEM # 37099 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance authorizing the City Manager to enter into agreements with the Virginia Beach School Board and its Health Care Providers re participation in the School Board's Health Care Plans. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Robert K Dean Council Members Absent. John D. Moss Mayor Oberndorf DISCLOSED pursuant to Section 2.1-639.14(G), she is an officer of Tidewater Health Care, Inc., a non-stock Section 501(c) (3) corporation, and that Health First, Inc., is directly affiliated with Priority Health Care, Inc., which is a wholly-owned subsidiary of Tidewater Health Care, Inc. Mayor Oberndorf advised she was able to participate in the transaction fairly, objectively, and in the public interest, Mayor Oberndorf's letter of August 10, 1993, is hereby made a part of the record. Vice Mayor Sessoms DISCLOSED pursuant to Section 2.1-639.14(G), he is an officer of Tidewater Health Care, Inc., a non-stock Section 501(c) (3) corporation, and that Health Firs~ Inc., is directly affiliated with Priority Health Care, Inc., which IS a wholly-owned subsidiary of Tidewater Health Care, Inc. Vice Mayor Sessoms advised he was able to participate in the transaction fairly, objectively, and in the public interest. Vice Mayor Sessoms' letter of August 10, 1993, is hereby made a part of the record. Councilman Dean ABSTAINED as he is a participant In the City's Health Plan, He has the responsibility to the citizens that he serves to remove or distance himself from those issues that could be construed as having a conflict of interest, August 10, 1993 Cityr e>t Virgir1ia BeElcn MEYERA E OBERNDORF MAYOR MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9000 (804) 427-4581 August 10, 1993 Mrs. Ruth Hodges SmIth, CMC/ AAE City Clerk's Office MunIcIpal Center VirgInia Beach, VA 23456 Re: DIsclosure Pursuant to Section 2.1-639.14(G), Code of VirgInia Dear Mrs. Smith: Pursuant to the Virginia ConflIct of Interests Act, § 2.1-639.14(G), Code of Virginia, I make the followmg declaration: 1. The transaction for which I am executing this written disclosure is the City CouncIl consideration of an ordinance authorizing the City Manager to enter into agreelnents wIth the Virginia Beach School Board and its health care providers, including Health First, Inc. 2. The nature of my personal interest is that I am an officer of Tidewater Health Care, Inc., a non-stock, § 501 (c)(3) corporation, and that Health First, Inc., is dIrectly affilIated with PrIority Health Care, Inc., which IS a wholly-owned subsidiary of Tidewater Health Care, Inc. - --' -- Mrs. Ruth Hodges Smith -2- August 10, 1993 Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia 3. Although the City Attorney has advised me that I am not required to disclose this Interest as it does not meet the criteria of a personal interest in the transaction under the ConflIct of Interests Act, I wIsh to disclose this interest and declare that I am able to particIpate In the transaction fairly, objectively, and in the publIc interest. Accordingly, I respectfully request that you record this declaration in the official records of the City CouncIl. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, which addresses this same matter. Thank you for your assIstance and cooperation in this matter. Sincerely, ê. Meyera E. Oberndorf Mayor MEO / clb Enclosure ----- - -----~---- - - - - Cit:>r ~f Virgi~ia Beach LESLIE L LILLEY CITY ATTORNEY MUNICIPAL CENTER VIRGINIA BEACH VA 23456 9004 (804) 427-4531 FAX (804) 426 5687 August 10, 1993 The Honorable Meyera E. Oberndorf, Mayor Municipal Center Virginia Beach, Virginia 23456 Re: Conflict of Interests Act Opinion Dear Mayor Oberndorf: I am writing in response to your request for an opinion regarding your ability to participate in the Council's discussion and vote on an ordinance authorizing the City Manager to enter into agreelnents with the Virginia Beach School Board and its health care providers. The ordinance is scheduled for the August 10, 1993, meeting of the Council. SU1\ßfARY ¡CONCLUSION: From my review of the Conflict of Interests Act and the infonnation provided by you as referenced below, I am of the opinion that you do not have a personal interest in the transaction of V lfginia Beach City Council concerning an ordinance authorizing the City Manager to enter into agreelnents with the Virginia Beach School Board and its health care providers. Thus, you are permitted to participate in this matter without restriction. For your infonnation, I have outlined the disclosure requirements of Section 2.1-639 . 14(G) should you desire to disclose your relationshiP and vote; I have also set forth the applIcable provisions for abstention set forth In Section 2.1-639.14(£), should you choose not to vote. -- Honorable Meyera E. Oberndorf, Mayor -2- August 10, 1993 Re: Conflict of Interests Act Opinion I base the aforesaid conclusions on the following facts which you have presented. Please review and verify the accuracy of the facts as set forth as you may only rely upon this opinion if they are correct and complete. FATS PRESENTED: Your request for an advisory opinion is generated by City Council's consideration of an ordinance authorizing the City Manager to enter into agreements with the Virginia Beach School Board and its health care provIders. The School Board presently has agreements with Optima Health Plan, Sentara Health Plan, Health First, Inc., and Blue Cross/Blue Shield, and the ordinance, if adopted, will enable the City of Virginia Beach to become a party to these agreements. You have advised that your concern, and reason for requesting this opinion, is that you are a member of the Board of Directors of Tidewater Health Care, Inc., a non-stock, § 501 (c)(3) corporation, and that Health First, Inc. is directly affiliated with Priority Health Care, Inc., which is a wholly-owned subsidiary of Tidewater Health Care, Inc. You have further advised, however, that you receive no salary or other compensation from TIdewater Health Care, Inc., own no equity in Tidewater Health Care, Inc., and do not assume any liability on behalf of Tidewater Health Care, Inc. ISSUE: Are you precluded from participating in City Council's discussion and vote on an ordinance authorizing the City Manager to enter into agreements with the Virginia Beach School Board and Its health care providers? DISCUSSION: I. A licable Definitions of 2.1-639.1. A. City Council is a governmental agency, as it is a legislative branch of local government as defined in § 2.1-639.2 of the Virginia State and Local Government Conflict of Interests Act. ---- -- Honorable Meyera E. Oberndorf, Mayor -3- August 10, 1993 Re: Conflict of Interests Act Opinion B. You are an officer within the Ineaning of § 2.1-639.2 of the above-referenced Act. C. Council consideration of an ordinance authorizing the City Manager to enter into agreements with the Virginia Beach School Board and its health care providers is a "transaction" as defined by the Act. A transaction includes any matters considered by any governmental agency on which official action is taken or contemplated. D. "Personal interest" is defined in § 2.1-639.2 as a financial benefit or liability which accrues to an officer, employee, or to an immediate family member. The interest exists by reason of one of five categones specified therein as: 1) ownership in a business if the ownership interest exceeds 3 % of the total equity of the business; (2) annual income from ownership in real or personal property or a business in excess of $10,000.00; 3) salary from the use of property or paid by a business that exceeds $10,000.00 annually; 4) ownership of real or personal property when the interest exceeds $10,000.00 in value, exclusive of ownership in a business, or salary; and 5) personal liability incurred or assumed on behalf of a business which exceeds 3 % of the asset value of the business. E. A "personal interest in the transaction" exists when an officer or employee or a member of his itnmediate family has a personal interest in property or a business or represents any individual or business and such property, business or represented individual (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detriment as the result of the agency considering the transaction. ll. Application of Definitions A. Personal Interest A personal interest exists by reason of one of five specified categories, as noted above in the definition of "personal interest". SpecIfically, my review of those categories and the facts presented indicate that with respect to Tidewater Health Care, Inc., you do not own any interest In the corporation; you do not have any income from the corporation; you do not own affected real or personal property which interest exceeds $10,000 in value; nor do you --'---- ---- - ---- Honorable Meyera E. Oberndorf, Mayor -4- August 10, 1993 Re: Conflict of Interests Act Opinion have any personal liability incurred or assunled on behalf of the corporation. 1 Therefore, I conclude that you do not have a personal interest in Tidewater Health Care, Inc., as defmed by the Conflict of Interests Act.2 B. Personal Interest in the Transaction You do not have a "personal interest", as defined above; therefore, you cannot have a "personal interest in the transaction" under the definition of the Act. ill. Disc1osure Requirements Based on the fact that you have no personal interest in the Council's consideration of an ordinance authorizing the City Manager to enter into agreements with the Virginia Beach School Board and its health care providers, you are not disqualified from participating, nor are you required to disclose. If you are concerned, however, that your participation as to this matter may create some appearance of impropriety because of your position as a member of the Board of Directors of Tidewater Health Care, Inc., there are two options available to you which may diffuse any perception problems that may arise: ISection 13 1-870 1 of the Code of Virginia provides, in pertinent part, that a director of a Section 50l(c) corporation who serves such corporation without compensation shall not be liable for damages incurred by such corporation. 2Three opinions of the Attorney General dealing with directors or board members are of relevance: President of a Virginia Community College who serves on the advisory board of directors of a private bank and who receives $800 annually from the bank for his services is not required to disqualify himself from transactions involving the college because he does not have a personal interest in the bank. COI Adv. Op. No, 46 (1984). A member of a local board of supervisors who also serves as a nonpaid director of a county community action agency is not required by the Act to disqualify himself from the board's consideration of the agency's funding request absent the member having a financial interest in the agency. COI Adv. Op. No. 81 (1986). By definition, a sanitation commission member who also serves as chairman of a county service authority and who does not receive in excess of $10,000 from both the commission and the authority does not have a "personal interest" in either body and, thus, need not disqualify himself from participating in a transaction involving both bodies. COI Adv. Op. No, 76 (1986) See also § 13,1-814 which provides that no dividend shall be paid and no part of the income of a non-stock corporation shall be distributed to its members, directors, or officers. ------- --- .---- Honorable Meyera E. Oberndorf, Mayor -5- August 10, 1993 Re: Conflict of Interests Act Opinion 1. You may either disclose the facts as presented herein and proceed to vote as to this transaction; or 2. You may abstain from voting and disclose any interest. Should you decide to declare your interest and vote, a proposed disclosure letter which complies with § 2,l-639.14(G) IS enclosed for your convenience. You may either make this declaratIon orally, which is to be recorded in the written minutes of the City Council, or you may file a signed written declaration with the Clerk of the City Council, who shall retain and make this document avallable for public inspection for a period of five years from the date of recording or receipt. The Conflict of Interests Act deals with the types of influences upon a public officer's judgment which are clearly improper. The law does not, however, protect against all appearance of improper influence. In that respect, the Act places the burden on the individual officer to evaluate whether the facts presented create an appearance of impropriety which is unacceptable or which would affect the confidence of the public in the officer's ability to be impartial. I have opined that you may participate in the transaction without restriction. However, if you are concerned that participating in the transaction could create an unacceptable appearance, you may abstain from voting under § 2.1-639. 1 4 (E) provided that you fust disclose your interest in the transaction. Please contact me should you desIre any additional information. Very truly yours, Leslie L. L' City Attorney LLL/RMB/ clb Enclosure - - -- .---- Cit:,y c>f Virgir1ia Beach WILLIAM D SESSOMS JR VICE MAYOR 809 GREENTREE ARCH VIRGINIA BEACH VIRGINIA 23451 (804) 455-5732 August 10, 1993 Mrs. Ruth Hodges Smith, CMC/ AAE City Clerk's Office Municipal Center Virginia Beach, V A 23456 Re: Disclosure Pursuant to SectIon 2.1-639.14(G), Code of VIrginia Dear Mrs. Smith: Pursuant to the VirgInia Conflict of Interests Act, § 2.1-639 .14(G), Code of Virginia, I make the following declaration: 1. The transactIon for which I am executing this written disclosure is the City CouncIl consideratIon of an ordInance authorizing the City Manager to enter Into agreements WIth the VIrgInIa Beach School Board and Its health care provIders, IncludIng Health FIrst, Inc. 2. The nature of my personal Interest is that I am an officer of Tidewater Health Care, Inc., a non-stock, § 501(c)(3) corporatIon, and that Health First, Inc., is dIrectly affiliated wIth PrIOrIty Health Care, Inc., whIch is a wholly-owned SubsIdIary of Tidewater Health Care, Inc. 1 - -----,---- Mrs. Ruth Hodges Snlith -2- August 10, 1993 Re: Disclosure Pursuant to Section 2. 1-639. 14(G), Code of Virginia 3. Although the City Attorney has advised me that I am not required to disclose this Interest as It does not meet the criteria of a personal interest in the transaction under the Conflict of Interests Act, I wish to disclose this interest and declare that I am able to participate in the transaction fairly, objectively, and In the publIc interest. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, which addresses this same matter. Thank you for your assistance and cooperation in this matter. SIncerely, Lr~. ~~. Vice-Mayor WDS,Jr./clb Enclosure ------ 1 -------- - - - -~-- City- e>£ Virgir1ia Beach LESLIE L LILLEY CITY A HORNEY MUNICIPAL CENTER VIRGINIA BEACH VA 234569004 (804) 427 4531 FAX (804) 426-5687 August 10, 1993 Vice-Mayor Wllham D. Sessoms, Jr. Municipal Center Virginia Beach, VirgInia 23456 Re: Conflict of Interests Act Opinion Dear Vice-Mayor Sessoms: I am writing In response to your request for an opinion regarding your ability to participate in the Council's discussion and vote on an ordinance authorizing the City Manager to enter into agreelnents with the Virginia Beach School Board and its health care providers. The ordinance is scheduled for the August 10, 1993, meeting of the Council. SUl\ßfARY /CONCLUSION: From my review of the Conflict of Interests Act and the information provided by you as referenced below, I am of the opinion that you do not have a personal interest in the transaction of VIrginia Beach City Council concerning an ordinance authorizing the City Manager to enter into agreements with the Virginia Beach School Board and its health care providers. Thus, you are permitted to participate in this matter without restriction. For your information, I have outlined the disclosure requirements of Section 2. 1-639. 14(G) should you desire to disclose your relationship and vote; I have also set forth the applicable provisions for abstention set forth in Section 2.1-639,14(£), should you choose not to vote. - I Vice-Mayor William D. Sessoms, Jr. -2- August 10, 1993 Re: Conflict of Interests Act Opinion I base the aforesaid conclusions on the following facts which you have presented. Please review and verify the accuracy of the facts as set forth as you may only rely upon this opinion if they are correct and complete. FACTS PRESENTED: Your request for an advisory opinion is generated by City Council's consideration of an ordinance authorizing the City Manager to enter into agreements with the Virginia Beach School Board and its health care providers. The School Board presently has agreements with Optima Health Plan, Sentara Health Plan, Health First, Inc., and Blue Cross/Blue Shield, and the ordinance, if adopted, will enable the City of Virginia Beach to become a party to these agreements. You have advised that your concern, and reason for requesting this opinion, is that you are a member of the Board of Directors of Tidewater Health Care, Inc., a non-stock, § 501(c)(3) corporation, and that Health First, Inc. is directly affiliated with Priority Health Care, Inc., which is a wholly-owned subsidiary of Tidewater Health Care, Inc. You have further advised, however, that you receive no salary or other compensation from Tidewater Health Care, Inc., own no equity in Tidewater Health Care, Inc., and do not assume any liability on behalf of Tidewater Health Care, Inc. ISSUE: Are you precluded from participating in City Council's discussion and vote on an ordinance authorizing the City Manager to enter into agreements with the Virginia Beach School Board and its health care providers? DISCUSSION: I. A licable Definitions of 2.1-639.1. A. City Council is a governmental agency, as it is a legislative branch of local government as defined In § 2.1-639.2 of the Virginia State and Local Government Conflict of Interests Act. -- --- ---- - - Vice-Mayor William D. Sessolns, Jr. -3- August 10, 1993 Re: Conflict of Interests Act Opinion B. You are an officer within the meaning of § 2.1-639.2 of the above-referenced Act. C. Council consideration of an ordinance authorizing the City Manager to enter into agreements with the Virginia Beach School Board and its health care providers is a "transaction" as defined by the Act. A transaction includes any matters considered by any governmental agency on which official action is taken or contemplated. D. "Personal interest" is defined in § 2.1-639.2 as a [mandai benefit or liability which accrues to an officer, employee, or to an immediate family member. The interest exists by reason of one of five categories specified therein as: 1) ownership in a business if the ownership interest exceeds 3 % of the total equity of the business; (2) annual income from ownership in real or personal property or a business in excess of $10,000.00; 3) salary from the use of property or paid by a business that exceeds $10,000.00 annually; 4) ownership of real or personal property when the interest exceeds $10,000.00 in value, exclusive of ownership in a business, or salary; and 5) personal liability incurred or assumed on behalf of a business which exceeds 3 % of the asset value of the business. E. A "personal interest in the transaction" exists when an officer or employee or a member of his imn1ediate family has a personal interest in property or a business or represents any individual or business and such property, business or represented individual (i) is the subject of the transaction or (ü) may realize a reasonably foreseeable direct or indirect benefit or detriment as the result of the agency considering the transaction. ll. Application of Definitions A. Personal Interest A personal interest exists by reason of one of five specified categories, as noted above in the definition of "personal interest". Specifically, my review of those categories and the facts presented indicate that with respect to Tidewater Health Care, Inc., you do not own any interest in the corporation; you do not have any income from the corporation; you do not own affected real or personal property which interest exceeds $10,000 in value; nor do you - -- ------- -- - ¡ Vice-Mayor WIlliam D. Sessoms, Jr. -4- August 10, 1993 Re: Conflict of Interests Act Opinion have any personal liability incurred or assumed on behalf of the corporation. 1 Therefore, I conclude that you do not have a personal interest in Tidewater Health Care, Inc., as defined by the Conflict of Interests Act.2 B. Personal Interest in the Transaction You do not have a "personal interest", as defined above; therefore, you cannot have a "personal interest in the transaction" under the definition of the Act. ill. Disclosure Requirements Based on the fact that you have no personal interest in the CouncIl's consideration of an ordinance authorizing the City Manager to enter into agreements with the Virginia Beach School Board and its health care providers, you are not disqualIfied from participating, nor are you required to disclose. If you are concerned, however, that your participation as to this matter may create some appearance of impropriety because of your position as a member of the Board of Directors of Tidewater Health Care, Inc., there are two optIons available to you which may diffuse any perception problems that may arise: ISection 13.1-870 1 of the Code of Virginia provides, in pertinent part, that a director of a Section SOl(c) corporation who serves such corporation without compensation shall not be liable for damages incurred by such corporation. 2Three opinions of the Attorney General dealing with directors or board members are of relevance: President of a Virginia Community College who serves on the advisory board of directors of a private bank and who receives $800 annually from the bank for his services is not required to disqualify himself from transactions involving the college because he does not have a personal interest in the bank. COl Adv, Op. No. 46 (1984), A member of a local board of supervisors who also serves as a nonpaid director of a county community action agency is not required by the Act to disqualify himself from the board's consideration of the agency's funding request absent the member having a financial interest in the agency. COl Adv Op. No. 81 (1986) By definition, a sanitation commission member who also serves as chairman of a county service authority and who does not receive in excess of $10,000 from both the commission and the authority does not have a "personal interest" in either body and, thus, need not disqualify himself from participating in a transaction involving both bodies. COI Adv. Op, No. 76 (1986). See also § 13 1-814 which provides that no dividend shall be paid and no part of the income of a non-stock corporation shall be distributed to its members, directors, or officers. ----- - ----- Vice-Mayor William D. Sessoms, Jr. -5- August 10, 1993 Re: Conflict of Interests Act Opinion 1. You may either disclose the facts as presented herein and proceed to vote as to this transaction; or 2. You may abstain from voting and disclose any interest. Should you decide to declare your interest and vote, a proposed disclosure letter which complies with § 2.l-639.l4(G) is enclosed for your convenience. You may either make this declaration orally, which is to be recorded in the written minutes of the City Council, or you may [ùe a signed written declaration with the Clerk of the City Council, who shall retain and make this dOCUInent available for public inspection for a period of five years from the date of recording or receipt. The Conflict of Interests Act deals with the types of influences upon a public officer's judgment which are clearly improper. The law does not, however, protect against all appearance of improper influence. In that respect, the Act places the burden on the individual officer to evaluate whether the facts presented create an appearance of impropriety which is unacceptable or which would affect the confidence of the public in the officer's ability to be impartIal. I have opined that you may participate in the transaction without restriction. However, if you are concerned that particIpating in the transaction could create an unacceptable appearance, you may abstain from voting under § 2.1-639.14(£) provided that you first disclose your interest in the transaction. Please contact me should you deslfe any addItional infonnation. Very truly yours, Leslie L. Lilley City Attorney LLL/RMB/ clb Enclosure - --~--,- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 1 2 3 4 5 6 7 8 9 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH THE VIRGINIA BEACH SCHOOL BOARD AND ITS HEALTH CARE PROVIDERS FOR THE PURPOSE OF ALLOWING THE CITY OF VIRGINIA BEACH TO BECOME A PARTY TO SAID AGREEMENTS AND THEREBY PARTICIPATE IN THE SCHOOL BOARD'S HEALTH CARE PLANS WHEREAS, the City of Virginia Beach presently has a contract with The Travelers ( "Travelers" ) for the Insurance Company provision of health care services to City employees; WHEREAS, the contract with Travelers will expire on December 31, 1993; WHEREAS, the City is continuously seeking ways to provide quality health care services to its employees and, at the same time, to reduce the cost of such services to the City and its employees; WHEREAS, the Virginia has Beach School Board presently agreements with Optima Health Plan, Sentara Health Plan, Health First, Inc., and Blue Cross/Blue Shield ("Health Care Providers") for provision care the services of health to School Board employees; WHEREAS, the School Board and its Health Care Providers have agreed to allow the City to become a party to said agreements and, therefore, City to their to allow employees and dependents participate in the respective health care plans; WHEREAS, by becoming a party to the agreements between the School Board and its Health Care Providers, the City will realize a substantial reduction in the costs it incurs for the procurement of health services, by City , ln incurred and the costs care employees for such services; and WHEREAS, based on the benefits to be derived by the City and City employees if the city were to become a party to the School Board's health care agreements, City Council has determined that it would be in the best interests of the City and its employees to 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 authorize the City Manager to enter into agreements with the School Board and its Health Care Providers. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to enter into Agreements with the Virginia Beach School Board and its Health Care Providers for the purpose of allowing the city of Virginia Beach to become a party to said agreements and thereby participate in the School Board's health care plans. Adopted Council of City Virginia by the 10 Beach, of the August Virginia, on the day of , 1993. CA-5241 ORDIN\NONCODE\HEALTH.ORD R-1 PREPARED: August 2, 1993 'lED A5 1'0 cc:~'rr CN ~'5 Human Resources Dept. ILF/- \ Y' ':: ~T AP;:'RC/VED ;.5 i 0 I [GAL ~SUFFICIE~Y At<D : 9. ).Þ}A . So.. ~ ¡C- /j/:¡ J Ln~{,tl({LA..v-~ CITY A TTO~N~Y 2 FORM NO P 5 18 . Cit~ <=>1' Vi1-gi1~iEl 13eElcl~ INTER-OFFICE CORRESPONDENCE PO LI CY REPORT . ... Prepared by Fagan D. Stackhouse Lynn G. Sachs !NT HEALTH ARE OFFERINGS FOR CITY AND SCHOOL EMPLOYEES ~ The City's Health Care Committee and the School System have intensified their efforts to provide joint health care offerings to City and School employees. Over time, the employees have continuously expressed interest in parity of benefits and associated costs. The objective of our discussions has been to satisfy the needs that have been expressed by all employees to ensure that adequate health care can be purchased at affordable costs. The discussions have been very positive in that the School System existing Health Maintenance Organizations (HMOs) can be provided to City employees for the 1994 plan year. This would mean the following for our City employees: . School and City employees would receive the same benefit package . An increase in health care benefits for city employees .Lower rates than the City's current plans . Vision benefits . Reduction in prescription co-payments from $7 to $5 . Adding a subscriber plus spouse category of coverage 1 Additionally, the School System's indemnity plan can be offered to City employees for the 1994 plan year. This would mean the following for City employees: ,. . Employees would be permitted to seek medical services from the provider of their choice . Participating provider benefits are greater . Access to the largest preferred provider network in Virginia .Well baby coverage which includes routine immunizations . Automatic claims filing for most health care services These offerings can be made under the existing School System contracts by adding a rider for the City's participation. N IDERA TION (1) The School System currently has three HMOs - Health First/Priority, Sentara and Optima. The benefits in all three plans are identical for School System and City employees. The premium rates are the same for School and City employees for the Health First/Priority plan. City employees will pay a slightly higher premium than School employees to participate in the Sentara or Optima HMO. Please see Attachment I for a comparison of proposed premiums for School and City employees who choose to participate in HMOs in 1994. The School System currently has a self insured indemnity plan with Blue Cross/Blue Shield- Keycare. The benefits in the Keycare Plan are identical for School System and City employees. The premium rates are slightly higher for City employees than School employees. Please see Attachment II for a comparison of proposed premiums for School and City employees who choose to participate in Keycare. All City employees will have a decrease in the cost of health care if they choose to participate in an HMO. Attachment III compares the cost of the Traveler's Network Provider Plan (HMO look alike) in 1993 to the 1994 proposed rates for HMOs. Additionally City employees who participated in the Travelers Point of Service Plan or the Indemnity Plan will have a decrease in the cost of health care if they choose to participate in the Keycare Plan. Attachment IV compares the cost of the Traveler's Point of Service Plan and the Out of Area Plan in 1993 to the 1994 proposed rates for the Keycare Plan. Both the City and School System will benefit from the proposed joint offering of health care. The proposed benefits are more favorable for City employees than the current benefits and both groups will pay lower premiums as well as receive guarantees that premiums in the HMOs will 2 not increase above 8% in 1995 and 1996. The City and Schoof System will maintain separate administration and accounting. (3) The City Attorney's Office has reviewed the joint health care offerings and will be drafting Amendments to School Health Care Contracts to be executed by the City Manager, School Superintendent and the insurance companies. Attachment V is a letter from the City's Department of Finance/Purchasing stating that the recommended process qualifies for an exemption from the state procurement regulations. The City would enter into an agreement with the School System to participate in their contract in the form of a rider. nsiderations There are no impacts on the City's budget since the City's contribution has already been approved for fiscal year 93-94. City employees will benefit with lower premium costs in 1994 than in 1993. ALTERN A TIVE Other alternatives include renewing the contract with The Travelers and sustaining substantial increases or the City could solicit an RFP without the School System. It is felt that these alternatives are not in the best interest of City or School employees at this time. RE MMEND A TI N We are recommending the City participate in the School System's health care HMO and indemnity contracts. We are requesting approval from City Council to authorize the City Manager to enter into Agreements with Virginia Beach School Board and its Health Care Providers for the purpose of allowing the City of Virginia Beach to become a party to these agreements. S1IMMARX In summary, the recommended joint health care offering will ensure that the City and School System maintain the most viable and cost efficient health care programs for its workforce. We believe that offering joint health care programs will better address the needs of both City and School employees. For the upcoming contract year, we have succeeded in offering the same benefits plan. In most cases the costs are also the same. It is our hope that going forward in 1995 and beyond our joint purchasing power will afford us parity of benefits and cost in all offerings. We are also working on a joint offering of a dental plan with the School System for the 1994 plan year. 3 Submitted by: ,. F an D. Stackhouse Director of Human Resources ~/?J- are Approved by: J roes K. Spo ty Manager J\,^~~J Iq"\') Dat 4 ATTACHMENT I CITY OF VIRGINIA BEACH AND VIRGINIA BEACH SCHOOL SYSTEM COSTS FOR 1994 HEALTH FIRST I PRIORITY Comparison of Monthly and Annual Premium Cost per Employee. (With Vision) CateQorv of CoveraQe Monthly Cost: Monthly Cost: Annual Cost:. Annual Cost:. Ç,!!ï School System Ç,!!ï School System Subscriber $ 170.50 $ 170.50 $ 2046,00 $ 2046,00 Subscriber plus 1 minor $ 199.16 $ 199.16 $ 2389.92 $ 2389.90 Subscriber plus spouse $ 273.85 $ 273.84 $ 3286.20 $ 3286.1 0 FamIly $ 398.33 $ 398.33 $ 4780.00 $ 4780.00 CateQorv of CoveraQe Subscriber Subscriber plus 1 mInor Subscriber plus spouse Family .... Categmy of CoveraQe Subscriber Subscriber plus 1 minor Subscriber plus spouse Family * Rates are the same for city and school employees SENTARA Comparison of Monthly and Annual Premium Cost per Employee (With VIsion) Monthly Cost: Ç,!!ï $ 173,97 $ 208.76 $ 287.05 $ 417.53 Monthlv Cost: School System $ 164.18 $ 186.67 $ 256.67 $ 359.33 CItY % Difference 6,0% 11,8% 11.8% 16.2% Annual Annual Cost: City % Cost: School Difference 9!ï System $ 2087.64 $ 1970.25 6.0% $ 2505.12 $ 2240.00 11.8% $ 3444.60 $ 3080.00 11.8% $ 5010.36 $ 4312.00 16.2% OPTIMA Comparison of Monthly and Annual Premium Cost per Employee (With VIsion) Monthlv Cost: Ç,!!ï $ 174.97 $ 209.76 $ 288.05 $ 418.53 Monthlv Cost: School System $ 164.18 $ 186.67 $ 256.67 $ 359.33 CItY % Difference 6,6% 12.4% 12.2% 16.5% Annual Annual Cost: CItY % Cost: School Difference 9!ï System $ 2099.64 $ 1970.25 6,6% $2517.12 $ 2240.00 12.4% $ 3456.60 $ 3080.00 12.2% $ 5022.36 $ 4312.00 16.5% DH RlBeneflts Auaust. 1993 ATTACHMENT II CITY OF VIRGINIA BEACH AND VIRGINIA BEACH SCHOOL SYSTEM COSTS FOR 1994 BLUE CROSS/BLUE SHIELD KEYCARE Comparison of Monthly and Annual Premium Cost per Employee (No VIsion) CateQorv of CoveraQe Monthly Monthly City % Annual Annual Cost: City % Cost: Cost: Difference Cost: School Difference 9!ï School 9!ï System System Subscriber $ 201.22 $ 171.33 17.45% $ 2414.64 $ 2056.00 17,44% Subscriber plus 1 minor $ 241.22 $ 228.33 5.65% $ 2894.64 $ 2740,00 5.64% Subscriber plus spouse $ 331.26 $ 333.33 (.62%) $ 3975,12 $ 4000.00 (.62%) F am Ily $ 481.31 $ 361.67 33.08% $ 5775,72 $ 4340.00 33.08% L. DHRlBeneflts August, 1993 ATTACHMENT III COMPARISON OF 1993 RATES AND 1994 RATES FOR CITY OF VIRGINIA BEACH (Monthly {Includes Vision) * 1994 RATES - PRIORITY { HEALTH FIRST 1993 1994 1993 1994 1994 1994 Premium Premium Employee Employee Employee Employee Pays Pays Dollar Percent Decrease Decrease Subscnber $177.48 $170.50 $ 27.48 $ 0,50 ($ 26.98) (98.18%) Subscnber plus 1 minor $207.60 $199.16 $ 57.60 $ 29.16 ($ 28,44) (49.38%) Subscnber plus spouse $422.94 $273.85 $272.94 $103.85 ($169.09) (61.95%) Family $422.94 $398,33 $272.94 $228.33 ($ 44.61) (16.34%) Family - 2 Employees $422.94 $398,33 $122.94 $ 58.33 ($ 64.61) (52.55%) 1994 RATES - SENTARA Subscnber $177.48 $173.97 $ 27.48 $ 3,97 ($ 23.51) (85.56%) Subscnber plus 1 minor $207.60 $208.76 $ 57.60 $ 38.76 ($ 18,84) (32.71 %) Subscnber plus spouse $422.94 $287.05 $272.94 $117.05 ($155.89) (57.12%) Family $422.94 $417.53 $272.94 $247,53 ($ 25.41) ( 9.31 %) Family - 2 Employees $422.94 $417.53 $122.94 $ 77.53 ($ 45.41) (36.94%) 1994 RATES - OPTIMA Subscnber $177.48 $174.97 $ 27.48 $ 4.97 ($ 22.51) (81.91 %) Subscnber plus 1 minor $207.60 $209,76 $ 57.60 $ 39.76 ($ 17.84) (30.97%) Subsct1ber plus spouse $422.94 $288,05 $272.94 $118.05 ($154,89) (56.75%) Family $422.94 $418,53 $272,94 $248.53 ($ 24.41) ( 8.94%) Family - 2 Employees $422,94 $418,53 $122.94 $ 78,53 ($ 44.41) (36.12%) *Employee Cost is offset by the additional $20 appropriated by City Council for the 1994 Plan Year DHRlBenefits August, 1993 Subscnber Subscnber plus 1 minor Subscnber plus spouse Family Family - 2 Employees Subscnber Subscnber plus 1 minor Subscnber plus spouse Family"" Family - 2 Employees 1993 Premium POint of Service Plan $192.72 $226.03 $462.33 $462.33 $462.33 1993 Premium Out of Area Plan $226.48 $289.52 $591.01 $591.01 $591.01 ATTACHMENT IV COMPARISON OF 1993 RATES AND 1994 RATES FOR CITY OF VIRGINIA BEACH (Monthly I No Vlslon)* 1994 RATES - BLUE CROSS/BLUE SHIELD - KEYCARE RATES 1994 Premium Keycare $201.22 $241.22 $331,26 $481.31 $481.31 1994 Premium Keycare $201.22 $241.22 $331.26 $481.31 $481.31 1993 Employee Pays $ 42.72 $ 76.03 $312.33 $312.33 $162,33 1993 Employee Pays $ 76.48 $139.52 $441,01 $441,01 $291,01 1994 Employee Pays $ 31.22 $ 71.22 $161.26 $311.31 $141.31 1994 Employee Pays $ 31.22 $ 71.22 $161.26 $311.31 $141.31 1994 Employee Dollar Decrease ($ 11.50) ($ 4,81) ($151.07) ($ 1,02) ($ 21.02) 1994 Employee Dollar Decrease ($ 45.26) ($ 68.30) ($279.75) ($129.70) ($149.70) 1994 Employee Percent Decrease (26.92%) ( 6.33%) (48.37%) ( .33%) (12.95%) 1994 Employee Percent Decrease (59.18%) (48.95%) (63,43%) (29.41%) (51.44%) *Employee Cost is offset by the additional $20 appropriated by City Council for the 1994 Plan Year ~ 'j.¡' .(.r ,. ." , ~ -,,/ . ~-(;IT. ....¡ '~~... ' ~,~. "!l";i: .", . ; " !. ~> ' DHRlBenefits August, 1993 ~: '71, I ,'?!,j ~, ~~ '-t j 1.~.- , . ,¡: .4 .J.11 ~ oj - . A TT ACI-MENT V City of Virginia Beach INTER-OFFICE CORRESPONDENCE D A 1E: June 28, 1993 TO: Patricia A. Phillips, Director of Finance Rick Berry, Purchasing Agent ¿¡ ¡f~ PROCUREMENT OF HEALTH CARE FROM: SUBJECf: After an evaluation of the existing health care insurance program, performance factors, current rates and projected rates, it is not in the City's best interest to renew the current contract. The rate increase for the upcoming year was projected at 75%. Even with extensive negotiations, Travelers stated we can not expect to achieve rates at current year level. A rate reduction win be impossible, Since the School Board System has allowed the City the option to ride on its policy, the City has the opportunity to increase benefits, reduce rates substantial1y and cap rate increases for the next two years. Therefore, the City's best interest will be served by accepting their offer. This decision is based on the concept that it is not practicable, nor in the City's best interest, to solicit competitive sealed bids or request for proposals (competitive negotiation) when we have a rider option that is superior to what we could expect to receive. Based on the City's experience data, the City can not expect to achieve an equivalent plan at school system negotiated rates. The advantages of large numbers of plan participants provides quantity discounts that resulted in rate reductions of 9% - 98% depending on plan selection. Further, the school system utilized the appropriate ~ competitive negotiations process, complete with extensive data analysis, cost analysis, and rate negotiation. ~ Patricia A. Phillips June 28, 1993 Page 2 ,. Section 2-225(a) of the City Code states: "It shaH be the responsibility of the Purchasing Division to obtain as fu 11 and open competition as possible and practical on all purchases and sales through competitive sealed bidding, or any other method of procurement authorized by this or other sections." In light of the opportunity to reduce rates, increase benefits, and ride on a compethively negotiated contract negotiated by the Virginia Beach School Board System, it is my opinion that it is not "practical" to solicit competition for a ne\v health insurance contract. Therefore, upon expiration of the existing contract, I would recomnlend the City enter into an agreement with the Virginia Beach School Board System that will allow the cooperative agreement to commence. ' RBl1sc cc: Fagan Stackhouse, Human Resources/Administration Lynn Sachs, Human ResourceslBenefits Randy Blow, City Attorney's Office --- - 19 - ~ CONSENT AGENDA ITEM # 37100 Upon motion by VIce Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinances authorizing the City Manager to TRANSFER from the Economic Development Investment Program to the VIrginia Beach Development Authority: a. $420,000 to underwrite a portion of the on-site infrastructure costs for improvements on the former Beverly Enterprises Building at 3280 VIrginia Beach Boulevard for the Navy Exchange Service Command's (NEXCOM) Corporate Headquarters. b. $50,000 to underwrite a portion of the on-site infrastructure costs for improvements to the Regional Insurance Headquarters Office of Hilb, Rogal, and Hamilton (HRH) Insurance Company at 5501 Greenwich Road Voting: 10-0 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, Mayor Meyera E, Oberndorf, Nancy K Parker and VIce Mayor WIlliam D Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D, Moss August 10, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 4 5 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO TRANSFER $420,000 FROM THE ECONOMIC DEVELOPMENT INVESTMENT PROGRAM TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 6 WHEREAS, the City of Virginia Beach Development Authority 7 (the "Authority") was created pursuant to Chapter 643 of the Acts 8 of Assembly of 1964 (as amended) (the "Acts"); 9 WHEREAS, one of the primary purposes of the Authority as set forth in the Acts is to "promote industry and develop trade by inducing manufacturing, industrial, governmental and commercial enterprises to locate in or remain in the [City]...."; WHEREAS, the Economic on of Development, Department behalf of the Authority, has induced Navy Exchange Service Command (NEXCOM) its corporate headquarters in the City of to locate Virginia Beach; WHEREAS, the inducement included an agreement to provide Navy Exchange Service Command (NEXCOM) $420,000 to underwrite a portion of the on-site infrastructure costs for improvements to its facility; WHEREAS, funds are available in the Economic Development Investment Program Account (Project 2-141) which was approved in the FY Capital Improvement Program to provide 1990-91/1994-95 infrastructure improvements on sites and along roadways to enhance the economic viability of property; and WHEREAS, at its regularly-scheduled meeting on April 20, 1993, the Authority, determined the that by of vote 6-0, a provision of the aforementioned incentive to Navy Command Service Command (NEXCOM) would serve a valid public purpose and would be in furtherance of the purposes for which the Authority was created, and approved provision of the incentive to NEXCOM. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council finds the proposed investment to be in keeping with the purposes for which the Economic Development Investment Program Account was established and authorizes the City Manager to transfer funds in the amount of $420,000 from the Economic Development Investment Program Account to the City of Virginia Beach Development Authority for the purposes set forth herein. Adopted by the Council of the City of Virginia Beach, Virginia, on the 10 August , 1993. day of CA-5091 NEXCOM.ORD R-2 PREPARED: 08/04/93 ~, SIC: :ATUt~¡;i -"~ ~,.~ , ---_.~- D. '-, r. ,- ,t ~ _. ¿r . . "'- AFPROVro AS 10 t~'r' ,~t , suma~ ~~M . 'J~-=-- ----~-~ 2 ESTIMATED FIRST-YEAR MUNICIPAL TAX REVENUES NEXCOM/BEVERLY ENTERPRISES PROJECT CITY OF VIRGINIA BEACH ECONOMIC DEVELOPMENT INVESTMENT PROGRAM FUNDS NEXCOM - $360,000 BEVERLY ENTERPRISES - $60,000 Real Estate** $ 600,000 $1.09 per $100 $3.80 per $100 $ 6,540 Personal Property***$ utilities*** N/A N/A $ 19,000 $ 7,200 500,000 Hotel and meals $ 2,000,000 tax generated from $ 1,000,000 $5 million in overnight accom- modations, meals, and entertainment - V.B's share is conservatively estimated to be 60%**** 7.5% Hotel Tax 6.5% Meal Tax $150,000 $ 65,000 TOTAL $247,740 Benefits: * Project involves the lease of the former Beverly Enterprises Building at 3280 Virginia Beach Blvd. for the Navy Exchange Service Command's (NEXCOM) Corporate Headquarters. NEXCOM will be relocating to Virginia Beach from Staten Island, New York and has leased the 75,000 sq. ft. Beverly Building beginning in July, 1993. * The term of the NEXCOM lease at the Beverly Enterprises Building will be for a period of ten years with two additional five-year renewal options for a total lease term of 20 years. * 500 to 650 people would be employed. Of these, approximately 150 to 175 will be transfers from Staten Island. The balance of 350 to 475 jobs will be filled by area residents. Responsibilities include finance, purchasing, customer service, marketing, administrative, clerical, and executive officers. * On an annual basis, the Department of Economic Development estimates that the NEXCOM Project will generate $25 million in labor revenues for the local economy. The average salary, including benefits, of the staff is $38,461 per year. * NEXCOM is the headquarters for the Navy Exchange System which operates Navy Exchanges (retail stores for military personnel and their families), Navy Lodges (motels for military personnel and their families), Navy Uniform and Ships Stores. This office provides management direction and oversight to the various components of the Navy Exchange system. The NEXCOM functions are identical to those of any large retail organization's corporate headquarters, such as Sears, J.C. Penney, and K-Mart. Notes: ** Includes both NEXCOM @ Beverly Enterprises Building & Beverly Enterprises @ FX Building. *** Beverly Enterprises @ FX Building **** NEXCOM @ Beverly Enterprises Building 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 4 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO TRANSFER $50,000 FROM THE ECONOMIC DEVELOPMENT INVESTMENT PROGRAM TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 5 WHEREAS, the City of Virginia Beach Development Authority 6 (the "Authority") was created pursuant to Chapter 643 of the Acts 7 of Assembly of 1964 (as amended) (the "Acts"); 8 WHEREAS, one of the primary purposes of the Authority as 9 set forth in the Acts is to "promote industry and develop trade by inducing manufacturing, industrial, governmental and commercial enterprises to locate in or remain in the [City]...."; WHEREAS, the of Economic on Development, Department behalf of the Authority, has induced Hilb, Rogal, and Hamilton (HRH) its insurance regional Insurance Company to locate headquarters office in the City of Virginia Beach; WHEREAS, the inducement included an agreement to provide Hilb, and Hami 1 ton $50,000 (HRH) to Rogal, Insurance Company underwrite portion on-site infrastructure of the costs for a improvements to its facility; WHEREAS, funds are available in the Economic Development Investment Program Account (Project 2-141) which was approved in the Capital Improvement Program to provide FY 1990-91/1994-95 infrastructure improvements on sites and along roadways to enhance the economic viability of property; and WHEREAS, at its regularly-scheduled meeting on April 20, 1993, the Authority, a determined that the by vote of 6-0 , provision of the aforementioned incentive to Hilb, Rogal, and Hamilton (HRH) Insurance Company would serve a valid public purpose and would be in furtherance of the purposes for which the Authority was created, and approved provision of the incentive to Hilb, Rogal, and Hamilton Insurance Company. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: in keeping with the purposes for which the Economic Development That the city Council finds the proposed investment to be Investment Program Account was established and authorizes the City Manager to transfer funds in the amount of from the $50,000 Economic Development Investment Program Account to the City of herein. Virginia Beach Development Authority for the purposes set forth Adopted by the Council of the City of Virginia Beach, 10 August , 1993. Virginia, on the CA-5080 HRH. ORD R-2 PREPARED: day of 08/04/93 ~ þt'~j'~ -~~~- ~Io."'" J SIG:,,';.lIHIi " ~~. ......... ""'.......-------,--- --- ---- ~:!'þ.."7,\~: '~ Af,::,;,,('vrD A (' ,'..-ø\ . ,","'" , \ . .\...J . I.. J-.!J..) "'..1. I SUfflOENCY Af~tí , t.., ~ \ ...}~.~. ~"- . . DIY A 11OINEV . . 2 ESTIMATED FIRST-YEAR MUNICIPAL TAX REVENUES HILB, ROGAL, AND HAMILTON COMPANY HRH INSURANCE CITY OF VIRGINIA BEACH ECONOMIC DEVELOPMENT INVESTMENT PROGRAM FUNDS $50,000 Personal Property $ 500,000 $3.80 per $100 $19,000 utilities N/A N/A $ 7.200 TOTAL $26,200 Benefits: * Project initially involves the lease of 10,000 sq. ft. of Class A office space, with a 5,000 sq. ft. expansion option, for the location, retention and expansion of a Regional Insurance Company. * Term of the HRH lease to be a minimum of five (5) years with an additional five-year option for a total lease term of ten (10) years. * HRH employs 33 sales, customer service, and office employees. * HRH provides insurance agency services to a wide variety of clients through its network of wholly-owned subsidiaries which operate 50 insurance agencies in 20 states and the District of Columbia. The firm is traded on the New York stock Exchange. - 20 - ~ CONSENT AGENDA ITEM # 37101 Upon motion by Vice Mayor Sessoms, seconded by Counczl Lady Parker, City Council ADOPTED: Ordinance to TRANSFER $50,000 from the FY 1993-1994 Operating Budget General Fund Reserve re retrofd four fire stations with decontamination stations and establishing a mobile decontamination station in accordance with the Virginia Occupational Safety and Health Administration ~ (OSHA) standards on bloodborne pathogens. Voting: 10-0 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, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 10, 1993 1 2 3 4 10 11 12 - AN ORDINANCE TO TRANSFER $50,000 FROM THE FY 1993-94 OPERATING BUDGET GENERAL FUND RESERVE TO RETROFIT FOUR FIRE STATIONS WITH DECONTAMINATION STATIONS ACCORDING TO THE VIRGINIA OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION'S STANDARDS ON BLOODBORNE PATHOGENS WHEREAS, the Virginia Occupational Safety and Health Administration set standards requiring employers to provide employees protection from contaminants associated with blood and bodily fluids, WHEREAS, the City has established an "Exposure Control Plan" 5 which outlines how this protection will be provided and as a part of 6 this plan there needs to be centrally located decontamination stations 7 where employees who come in contact with bodily fluids can be cleaned 8 and decontaminated without contaminating other areas, 9 WHEREAS , the fire stations provide the ideal location for these decontamination stations since they are easily accessible on a 24 hour basis and are strategically located throughout the City, WHEREAS, it is proposed that initially, four stations and a 13 mobile unit be established, with a project for the renovation of the 14 remaining 14 stations included in the normal Capital Improvement 15 Program process. 16 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF VIRGINIA 17 BEACH, VIRGINIA, that $50,000 be transferred from the FY 1993-94 18 General Fund Reserve to retrofit four fire stations with decontam- 19 ination stations and to establish a mobile decontamination station. 20 Adopted by the City Council of the City of Virginia Beach, 10 August Virginia on day of , 1993. 21 """'~"n..-':.l]¡¡:'J=,""",'" _. " 1- I I. Approved as to Content APF'" ,,~ , - ':"'\ f t"'. t't\.J Ii ::,..1 '..;.~ TO LEGl\L SUF""jCiENCY \. " .,/ r~' a ter C. Kraeme , Jr. Deputy Director Management and Budget - CRW-C \ob94\fdblood ord - 21 - ~ CONSENT AGENDA ITEM # 37102 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance authorizing a temporary encroachment into a portion of the City's right-of-way of Ocean View Avenue to Wayne Beagle re constructing and maintaining a wooden walkway over a sand dune for access to the beach (BAYSIDE 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 to keep and hold the City 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, 4. The owner or his agent must obtain a Waterfront Construction permit prior to commencing work within the City's property, 5. The owner agrees to make any above-ground encroachments conform to the minimum setback requirements as established by the Division of Permits and Inspections. Voting: 10-0 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, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor WIlliam D. Sessoms, J r Council Members Voting Nay: None Council Members Absent: John D. Moss August 10, 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 34 35 36 37 38 39 40 41 42 43 44 1 2 3 4 5 6 7 8 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF OCEAN VIEW AVENUE TO WAYNE BEAGLE, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE 9 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, Wayne Beagle, his heirs, successors assigns . ln title is and authorized to construct and maintain a temporary encroachment into the right-of-way of Ocean View Avenue. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a wooden walkway and that said encroachment shall be constructed and maintained in accordance with Works City Virginia Public the of Beach 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 Ocean View Avenue, on the certain plat entitled: "PHYSICAL SURVEY OF LOTS 10 & 32, BLOCK 18 AND A CLOSED PORTION OF LAUDERDALE AVENUE CHESAPEAKE PARK 4922 LAUDERDALE AVENUE VIRGINIA BEACH, VIRGINIA FOR WAYNE BEAGLE ENGINEERING SERVICES, 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 Wayne Beagle, 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 right-of-way of Ocean View heirs, his . asslgns and that Beagle, Avenue Wayne and successors in title shall bear all costs and expenses of such removal. 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 AND, PROVIDED FURTHER, that it is expressly understood and agreed that Wayne Beagle, his heirs, assigns and successors in title 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 encroachment. 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 Wayne Beagle 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 10 ,19 August 93 day of . 07/16/93 PSD/tga .. -, ,;,,"-.., t" 7'., ( ~ "'\"".-, ~T '#, -'...I \ I L" 1"'..) . v ........J\ ~. .... C !-è(;ñl)<iat ~ -- }Mf;JM¡'~- --. ----, ~ ,'. < T ^ f".~:)(::'rtV~;) P ~ 1-0 f"""'I.,¡~~..< ,.". lu.r ~; ",. 5- ,......,"',\~j'\I""Y ',' ',. , . , , , ~, , .. '.......J"L .... "-,' .vn._.'\~ tL¿~~ 2 # THIS AGREEMENT, made this /J. day of Jû--/v /' , 19~, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party of the first part, and WAYNE BEAGLE, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, party of the second part, Grantee. W I SSE T H: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a walkway over a dune for beach access 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 an existing City right-of-way known as Ocean View Avenue; 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 right-of- way known as Ocean View Avenue. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's right-of-way known as Ocean View Avenue for the purpose of constructing and maintaining such walkway. 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 ci ty of Virginia Beach, and in accordance with the City of Virginia Beach Publ ic 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 right-of-way known as Ocean View Avenue as shown on that certain plat entitled: "PHYSICAL SURVEY OF LOTS 10 & 32, BLOCK 18 AND A CLOSED PORTION OF LAUDERDALE AVENUE CHESAPEAKE PARK 4922 LAUDERDALE AVENUE VIRGINIA BEACH, VIRGINIA FOR WAYNE BEAGLE ENGINEERING SERVICES, 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 wi thin thirty ( 30) days after such notice is given, such temporary encroachment shall be removed from the City's right-of-way known as Ocean View Avenue 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 ci ty 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. 2 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 agrees that no open cut of the public roadway shall be allowed except under extreme circumstances. Such exceptions shall be submitted to the Highway Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the party of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the City's right-of-way. It is further expressly understood and agreed that prior to issuance of a Waterfront Construction permit, the party of the second part must post a Performance Bond and show proof of public liability insurance of a minimum of Three Hundred Thousand Dollars ($300,000.00). It is further expressly understood and agreed that the party of the second part shall submit for review and approval, a 3 -- survey of the area being encroached upon, certified by a professional engineer, and/or "as built" plans of the encroachment, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such 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 I compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Wayne Beagle, 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 4 name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk ~ (~- Wayne Beagle 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_. Notary Public My Commission Expires: ]5iM \. e;;J;ROVED AS TO CONTENT Vl/l}7lr C.~ :! ¡J é ¡¡¡¿ Rf DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY 5 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 19_. My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, eXdJr.; d~ day of , Notary Public in and for the City and State aforesaid, do hereby certify that , a Notary Public WAYNE BEAGLE, whose name is signed to the foregoing writing, bearing date the / Z day of dLL-i¡ , 19 93, has acknowledged the same before me in my City and State aforesaid. Given II duL. 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II' OO"W LAUDERDALE AVENUE ( 50 'R/WJ ( FORMERL Y LAKE A VENUE) PHYSICAL SURVEY OF LOTS 10 a 32, BLOCK 18 AND A CLOSED PORTION OF LAUDERDALE A VENUE CHESAPEAKE PARK 4922 LAUDERDALE AVENUE VIRGINIA BEACH, VIRGINIA FOR WAYNE BEAGLE .. .. engineering services Inc ftROJ. 8 ~ 004 Civi Engineering - Lan Surveying 335' Stoneshore Road Suite 100 Virginia Beach Virginia 23.452 (80..).468..6800 " ,. ICALI. I r .10 DWN. 008 MA P lOOIC 6 , , 'I. /2S CN. 06614 DATil 4-1- 9/ cr.l. :JO2 " ... .PI. 10" I ~ CONSENT AGENDA - 22 - ITEM # 37103 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance authorizing a temporary encroachment into a portion of the Canal No.2 Drainage Easement to Stihl, Incorporated re constructing and maintaining a parking lot addition to the top of the bank and approximately 135 feet of chain link fence from Viking Drive to the waters' edge (LYNNHAVEN BOROUGH). The following conditions shall be required: Voting: 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 to keep and hold the City 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. 4. The owner must obtain a permit from the development Services Center prior to commencing any construction within the City right-of-way. 5. Prior to issuance of a Highway permit, the owner must post a Performance Bond and show proof of public liability insurance. 6. The owner must submit for review and approval a survey of the area being encroached upon, certified by a professional engineer, and/or "as built" plans of the encroachment, if required by either the City Engineer's Office or the Engzneering Division of the Department of Public Utilities. 7. The owner agrees to provide a double gate along the Northern property line with a minimum sixteen (16)-foot opening, Said gate to be located between the existzng parking lot and the top of the bank. If gates are locked, keys must be provided to the City of Virginia Beach, Department of Public Works, Highways Division 10-0 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, Mayor Meyera E, Oberndorf, Nancy K Parker and Vice Mayor William D, Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 10, 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 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 1 2 3 4 5 6 7 8 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CANAL NO.2 DRAINAGE EASEMENT TO STIHL, INCORPORATED, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE 9 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, STIHL, INCORPORATED, its heirs, assigns and successors in title is authorized to construct and maintain a temporary encroachment into the Canal No.2 drainage easement. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a parking lot addition and approximately 135 feet of chain link fence, eight feet in height with a triple strand top and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public specifications as to size, Department's Works alignment location, such temporary and further that and encroachment is more particularly described as follows: An area of encroachment into a portion of the City's property known as Canal No.2 as shown on the certain plat entitled: "STIHL, INC. PARKING ADDITION, O.W.I.P. Virginia Beach, Princess Anne Borough, Virginia, OVERALL LAYOUT, Date: 4/19/93, SCALE: 1"=100'," a copy of which is on file in the Department of Publ ic Works and to which reference is made for a more particular description. An area of encroachment into a portion of the City's property known as Canal No.2, on the certain plat entitled: "PART SITE PLAN OF STIHL INCORPORATED PROPERTY SHOWING PROPOSED FENCE AT NORTH OF PROPERTY. SCALE I" = 100' APRIL 4 1993" a , , copy of which is on file in the Department of Publ ic 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 Stihl, Incorporated, its heirs, assigns and successors in title and that within thirty (30) days after such 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 notice is given, said encroachment shall be removed from the City's easement known as Canal No.2 and that it, its 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 stihl, its and assigns heirs, Incorporated, that successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, including reasonable losses and damages, expenses attorney's fees in case it shall be necessary to file or defend an action arising or location existence out of the of such encroachment. AND, PROVIDED FURTHER, that stihl, Incorporated agrees to maintain said encroachment so as not to become unsightly or a hazard. AND, PROVIDED FURTHER, that Stihl, Incorporated agrees to obtain a permit from the Development Services Center prior to commencing any construction within the City's right of way. AND, PROVIDED FURTHER, that stihl, Incorporated, prior to the issuance of a Highway permit, agrees to post a Performance Bond and show proof of public liability insurance. AND, PROVIDED FURTHER, that stihl, Incorporated agrees to provide a double gate along the northern property line with a minimum sixteen (16) foot opening. said gate is to be located between the existing parking lot and the top of bank. If gates are locked, keys must be provided to the City of Virginia Beach, Department of Public Works, Highways Division. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Stihl, Incorporated executes an agreement with the City Virginia encompassing the of Beach aforementioned provisions. Adopted by the Council of the City of Virginia Beach, 10 August 93 Virginia, on the day of , 19 CBC/tga 06/08/93 APPROVED AS 1D LEGAL SUFFICIENCY k~t 2 ROVED AS ïO CONïENT '^'s C. ( USØL 1( v4 é~h.L DfPA~TMr="'T THIS AGREEMENT, made this i1z..Æ day of -JUf,J£ , 19 93, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, party of the first part, Grantor, and STIHL, INCORPORATED, a Delaware Corporation, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, party of the second part, Grantee. WITNESSETH: Tha t , WHEREAS, it is proposed by the party of the second part to construct and maintain a parking lot addition and a chain link fence eight feet in height with a triple strand top in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such parking lot addition and fence, it is necessary that the said party of the second part encroach into a portion of the City's easement known as Canal No. 2; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such parking lot addition and fence within a portion of the City's easement known as Canal No.2. 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 easement known as Canal No.2 for the purpose of constructing and maintaining such parking lot and fence. GPIN 1496-57-8044 & 1496-66-1069 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 Publ ic 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 easement known as Canal No.2 as shown on that certain plat entitled: "STIHL, INC. PARKING ADDITION, O.W.I.P. Virginia Beach, Princess Anne Borough, Virginia, OVERALL LAYOUT, Date: 4/19/93, SCALE: 1"=100'," a copy of which is attached hereto as EXHIBIT "A" and to which reference is made for a more particular description. An area of encroachment into a portion of the City's easement known as Canal No.2 as shown on that certain plat entitled: "PART SITE PLAN OF STIHL INCORPORATED PROPERTY SHOWING PROPOSED FENCE AT NORTH OF PROPERTY. SCALE 1" = 100' APRIL 4, 1993," a copy of which is attached hereto as Exhibit "B" 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 wi thin thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's easement known as Canal No.2 by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the ci ty of Virginia Beach, i ts 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 Development Services Center prior to commencing any construction within the City's right-of-way. It is further expressly understood and agreed that prior to issuance of a Highway permit, the party of the second part must post a Performance Bond and show proof of public liability insurance of a minimum of Three Hundred Thousand Dollars ($300,000). 3 It is further expressly understood and agreed that the party of the second part shall submit for review and approval, a survey of the area being encroached upon, certified by a professional engineer, and/or "as built" plans of the encroachment, if required by either the City Engineer's Office or the Engineering Division of the Public utilities Department. It is further expressly understood and agreed that the party of second part will provide a double gate along the northern property line with a minimum sixteen (16) foot opening. Said gate to be located between the existing parking lot and the top of the bank. If gate is locked, keys must be provided to the ci ty of Virginia Beach, Department of Publ ic Works, Highways Division. 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 easement encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City 4 shall impose a penalty in the sum 0 f One Hundred Dollars ($100.00) per day for each and every day that such encroachment . 1S allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said STIHL, INCORPORATED has caused this Agreement to be executed in its corporate name and on its behalf by its president, and its corporate seal to be hereto affixed and duly attested by its corporate secretary with due authority by its board of directors. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk STIHL, INCORPORATED, a D~re c~"~n By ',£1M (K jt;,{W - Peter Mueller, Executive Vice President (SEAL) ATTEST: c# (Title) DEPARTMENT 5 APPROVED AS TO LEGAL SUFFICIENCY ~/!¡ 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 PURSUANT TO SECTION 2-154 OF THE CITY CODE, 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_. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Publ ic 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_. Notary Public My Commission Expires: 6 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, -:DORIS &. XJOE8tE'R , a Notary Public in and for the City and state aforesaid, do hereby certify that PETER MUELLER, Executive Vice President, on behalf of Stihl, Incorporated, whose name is signed to the foregoing writing, bear ing date the 16,tÆ day of ~.¿ <I acknowledged the same before me in my City and state aforesaid. , 19fi, has Given under my hand this / h ~/¿ day of !-f Á.,Á., /h L ~ , 19!13.. 2)OÆlh é. 2)o£6Ák Notary Public My com~}ssion Expires: 1/3/( / ~lfS CBC/gs 05/03/93 (stihl.agt) 7 o~ < '1 ~J' ~' .~ :;",~~~~ ~!, '^,. 't.,' :;:J' . ~, ~ 1!!f4:- ~ ,-~ i'~'I'~. ;. ~ é~ ~., j i> ~ II " '\ \ \ \ , \\. \ .... "" '-', " " , \ ':\ \\~ \ LOCATION MAP ) , - -- .- - - - ~ - - -' -'- .,..;"... , - - ~ .- - - I fIIf'/!ffII! 1 ,'-"-----'l ~ -- - - - - - .' -- -----.'ui:r , I -- - - -- ..-- ... 8- . .. - - . - - .- .., III r- --- ~':I . 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I "'I If ~ .f I .1 'I ; Ii ,II II. It ~ ..1 ;,1 ,f ! Ii II 22 Iri Ii I I i ~ II! I !! In If I . II :I: I .. 1'1111 t : I I I I ill Ii i IIII I J IIII J 4 4 J 4 4. 4 ~ , ¡ 1 ~ I I : . . I I r II . . Ii I I I I I . , I I , I . I I J I I .1;111 . ¡I!! - .1, i i: I II I ~ 'II tl .f; h i ¡ ~,. If I :~ I II ;4 I! I .,; a II, dJ 0 A ~ I 1 I . ... ,~ - , l I; . , . ~ h 't' .. u I I . I ' I f z ~ .g I ~~t I ~ r J~;I..I I :I: <':>0 ,..I ~~ ~ (/)~ ~ ~ Cl. I I . . .. , , ~ ~ of II n Ii , -----""'- - -- - - - - . .. .. ,) .1 .. --.,~-- - . ..: (' '--.,. ,,"'" I .u Cd M CdP-. .u ç: 0 0 ~'r-f CJ) U).r-f o..-{ :> .r-f U)"O . r-f ..0 ..c::;:j HtI) . .. .. "v" .LI8IHX3 PROVIDE DOUBLE GATE WITH TOTAL OPENING OF 16' AT VA POWER EASEMENT R=20.00' I \' A=31.11' -771 \ - -;o¡. J- \ ..--- \ ~-- \' <::',z \ ,~ ~t.\N~ NEW 8' HIGH (PLUS TRIPLE STRAND) ,~ G) ~ \ ~ FENCE FROM 50' FROM VIKING DRIVE \~ ~'lo TO LOW WATER MARK OF CANAL #2 ~ ;1. cJ ~:\ (,,1. iJ."'1~" R~60.00' \ \ fTl \ ,A~60. 97' , \ \ \ \ \ \. ) ~ ",,' \' -4 ) I W=- , \ h I <...9 <...9 I 60.00' Jc\,--~ ~~~~ A=N.1 07' Q~ \ I ð ~ ~ II I" >; ~ L ,.--... '\. \. f/ / I '- "'-!/ L ~ ( '--- I R=580.83' A=58.05' ------ EXISTING BUILDING \\ \ \ \ \ ~(V' ~.- ~ \~ \ \ t%j :>< \ \ :I: H \ \ \~ tJj \ ~\~- H ~ \ \ \ - - j E))\. \ \ tJj \ ~ . \ f1"\ : \ \\ \ \ \ \ ' s 6T2~'O8"\1£ \ \ \ \ \\ \ \ \ 13.67' \ \ \ N 86\8'51" E \ 1.45'\ --~---\ - \ \ 9. \ \ --- \ If) ~ \ ' \ \ ~, \ \ Z \ \ ~ \ , \ \ \ \ ~ \ \ \ \ \ \ ~\ \ \ \ C> \ \~ \ \ V1\ CP.\ \ \ \ PROPOSED FENCE PART SITE PLAN OF STIHL INCORPORATED PROPERTY SHOWING .- ~1_......-r'1 -r- nnAnC'OI-Y c.-îAI ~ 1"=1 r'\r'\' APRil L1 1Q9~ uu I ..... " ......... . STIHL INCORPORATED ANNUAL MEETING OF THE BOARD OF DIRECTORS The annual meeting of the Board of Directors of the Corporation was held on December 1st, Andreas stihl in Waiblingen, Germany. 1992, at the offices of Fred J. Whyte, Manfred W. Schwarz and Peter K. Mueller attended the meeting on behalf of stihl Incorporated. Hans Peter stihl, Eva Mayr-Stihl, Robert Mayr and various other representatives of Andreas stihl also attended the meeting by invitation. The Annual Business Plan for 1993 as documented in the Jahresplanung was presented and reviewed, and on motion, it was RESOLVED, that the Annual Business Plan of the corporation for 1993 is hereby accepted and approved as presented to and amended at this meeting. The following Officers were nominated and elected to serve the Corporation for the year 1993: Fred J. Whyte President Manfred W. Schwarz Executive Peter K. Mueller Executive vice President- Finance, Treasurer, and Secretary Vice President- Manufacturing After discussion, and on motion, it was FURTHER RESOLVED, that Deloitte & Touche continue to be the independent public accoun- tants to audit the financial statements of the Corporation. After discussion, and on motion, it was FURTHER RESOLVED, that the Corporation is hereby authorized and directed to contribute $ 605,000 for 1992 to the Employees' Profit Sharing Plus Plan of stihl Incorporated. After discussion, and on motion, it was FURTHER RESOLVED, that all actions taken by the Officers of the Corporation since the last annual meeting are hereby ratified and ap- proved. There being no further business, the meeting was, motion, adjourned. on Fred J. Whyte Dated: December 1st, 1992 - 23 - ~ CONSENT AGENDA ITEM # 37104 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke in OPPOSITION and advised Old London Bridge Road is in the vicinity of the proposed horse race track. Upon motion by VIce Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance appointing viewers in the petition of Taylor Group, L.P., Claude P. Brown, Betty B. Bourdon and Doris B. Lawrence for the vacating, closing and discontinuance of a portion of Old London Bridge Road (PRINCESS ANNE BOROUGH) The VIewers are: David G, Grochmal Director of General Services Robert J. Scott Dzrector of Planning Ralph A. Smith Director of Publzc Works Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0, Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louzs R Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 10, 1993 ORDINANCE APPOINTING VIEWERS WHEREAS I TAYLOR GROUP, L . P., CLAUDE P. BROWN, BETTY BOURDON and DORIS B. LAWRENCE have given due and proper notice, in accordance with the statutes for such cases made and provided that they will on the lOth day of August, 1993, apply to the City Council of the city of Virginia Beach, Virginia, for the appointment of Viewers to view the bE~low-described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience wou1d result from the discontinuance of the hereinafter described portions of those certain streets of variable width, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the C()uncil of the City of virginia Beach, Virginie: Robert C. Scott, Davíd Mo GrocfiIDal and þ- and - Ralph A. Smit]:1 - are hereby appointed to view the below described property and report in writing to the Council on or before - --, 19 , whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of portions of those certain streets of variable width located in the City of Virginia Beach, virginia, and more particularly described as follows: 'I'HA T , ~, SEE ATTACHKD EXHIBIT -A- All of the above as shown upon those c'ertain plats anti t led, "Exhibi t 'A' Showing Western Portion of Old London Bridge Road to be Closed, Princess Anne Borough, Virginia Beach, Virginia", and IIExhibit tA' Showing Eastern Portion of Old tondon Bridge Road to be Closed, Princess l\nne Borough, Virginia Beach, Virginia", which plats are attached hereto and made a ~art hereof and intended to be recorded with the .. Ordinance closing the afore-described street. Adopted by the Council of the City of the City of Virginia Beach, Virginia, on the 10 day of August , 1993. I'\'-I,i"~¡f)\-r 39351 /. A vi 1)9../)~~ -- --- ---~ ---:- ~.. - ,'\ iìJt L JJ~ è.~-:.::--- DE. '/-. . ,,'.:' I ~ ~~U eoul'PO.. ~AH .. ~~APC"O It C ,TTOAHn' A't I,AW APFR{)VED A( ¡'~) ¡ _.'~, ~ f SUFFICIE~ ICY /\;'10 rL!' . JkJ ~-~- CI,,:--7 IC' - ~.~-' 8- 3-93 : 7: ~ 7..\,\1 ; SYKES. CAR.\ES-- 80~ 426 5687.# 8/13 SE.\T By: ßXHIB.l% -Ii- LEGAL DESCRIPTION WESTERN PORTION OF OLD LONDON BRIDGE ROJill ALL 'rHA1 CERTAIN PIECE OR PARCEL OF LAND SITOA'J'E, LYING AND BEING IN THE PRINCESS ANNE BOROUGH OF VIRGINIA BEACH VIRGINIA as S:1owr on that plat entitled "Exhibit 'A' showing Western Portion I)f Old London Bridge Road To Be Closed, Princess Anne Borough Virginia Beach, Virginia", dated July 20, 1993 by Horton and Dodd, P.C. containing 1.1957 acres wh:lch parcel is more particularly described as beginning at a poJ~nt along the northern right of way line of Old London Bridge Road 269.67 feet east of its intersection wi th the eastern right of way line of Harper's Road and from said beginning point following the northern right of way line of Old London Briðqe Road in an easterly direction along a curve with a radius of 627.43° an arc distance of 454.85 feet to a point; thence continuinq along the northern right of way line along a .::urve with a radius 0: 615.780 an arc distance of 287.25 feet to a point; thenc'~ south 67° 38' 1388 east, 306.54 feet to a point; thence conti"'1uirg along the northern right of way line along a curve with a radius of 5736.97° an arc distance of 3.76 feet to a point; thence turning and running south 43° 27' 05" west, 53.59 feet to a point along the southern right of way line of Old London Bridge Road; thence turning and runnin~ north 67° 38' 13" west, 291.02 feet to a point; thence continuing along the southern right of way line in a westerly direction along a curve with a radius of 665.780 an arc distance of 310.60 feet to a poi~t; th~nce continuing along the southern right of way line along a curve with a radius of 577.43° an arc distance of 447 .47 fE~et to a point; thence turning and runnlng north 19° 42' 4~~H east 51.25 feet to the point of beginning. A N U LEGAL DESCRIPTION EASTERN PORTIOR OF OLD LONDON BRIDGE ROAU (I(ES CAANU BOURDON AHEAN & ~A'I"O PC _"OMIt'" AT lAW ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATt;, LYING AND BEING IN THE PRINCESS ANNE BOROUGH OF VIRGINIA BEACH, VIRGINIA as shown on that plat entitled IIExhibit 'A' shoNing Eastern Portion of Old London Bridge Road To Be Closed Pr incess Anne Borough, Virginia Beach, Virginia", dated July 20, 1993 by Horton anj Doãd, P.c. containing 2.1366 acres whic;:h parcel is more particularly described as beginning at the point of intersect:.on of the northern right of way line of London Bridge Road (new) and the southern ri9ht of way 1 ine of Old London Bridge Ro~d and from said point following the southern right of way line of Old London Bridge Road in a westerly direction along a C'l[Ve with a radius of 641.30° an arc distarlce of 1.75 feet to a point; thence north 22° 50' 31" west 720.15 feet to a point; thence continuing along the southern right of way line alonq a curve with a radius of 611.300 an arc distance of 492. 60 fel~t to a point; thence north 69° 00 I 4511 west 436.79 feet tJ a point; thence continuing along the southern right of way line along a curve with 8 radius of 5786a97° an arc distan.:e ()f 138.93 feet to a point i thence north 67° 38' 13" west, 15. S2 feet to a point; thence turning and runnino north 43° 27' O!)H east, 53.59 feet to a point on the no:"thern right: of way line of Old London Bridge Road; thence turning and following the northern right of way line of Old L()ndon Bridge SE\T BY YKES CAA~E6 8OURDO~ "'HEA~ .. SHAPIIilO PC "TTo~nl AT I.AW tl- 3-9.3 ' i. -!bA~1 ; S~KES,CAR\ES- tlO4 426 56tl7;# 9/13 Road in an oi1sterly direction along a curve with a radius of 5736.97° an arc distance of 133.97 feet to a point; thence south 69° 00' 45" east 436.79 feet to a point; thence cant Lnuing along the northern right of way line along a curve with a radius of 661.300 an arc distance of 532.89 feet to a poin1:; thence south 220 50 I 3111 east I 720.15 feet to a point; thenc:e continuing along the northern right of way line along a curve with a radius of 591.300 an arc distance of 93.40 feet to the point of intersection of the northern right of way line of Old ]"ondon Bridge Road with the northern right of way line of London Bridge Road; thence turning and running along the northern right of way line of London Bridge Road north 540 59' 28" west 107.79 feet to the point of beginning. 3958i - 2 - I SE\T BY. SyJ(U CMtN(S ElOuAÞON AHEAN .. $HAPIRO .. (; An~N~S AT Lt...., - ~ - - 5- 3-93 . 7' 44A.'i : SYKES. c.-\R.\ES- 804 426 5687:# 2/13 NjL~ PLEASE TAKE NOTICE, that at the meeting of the City Council of the City of Virginia Beach, Virginia, to be held on at 2:00 p.m., at the City Hall 1993, of the the lOth day of August, Beach. undersigned will petition the Council for the appointment of City Virginia . Pr1ncess the Viewers street opinion at of Anne, to . V1ew below-described a certain of portion the élnd report City whether in the to to the Council of the Viewers, if any, . . 1nCOl1Ven1ence woulà what, result from the vacating, closing and discontinuance of same, the said portions of said streets being described as follows: WESTERN PORTION OF OLD LONDON BRIDGE ROJill ALL THAT CERTAIN PIECE OR PARCEL OF lAND SITUATE, LYING AND BEING IN THE PRINCESS ANNE BOROUGH OF VIRGINIA BEACH, VIRGINIA as shown on that plat entitled MExhibit 'A' showing Western Portion of Old London Brldge Road To Be Closed, Princess Anne Borough, Virginia Beach, Virginia", dated July 20, 1993 by Horton and Dodd, PIC. containing 1.1957 acres which parcel is more particularly de5cribed as beginning aL a point along the northern right of way line of Old London Bridge Road 269.67 feet east of its intersection wi th the eastern rj ght of way line of Harper. S Road and from said beginning point following the northern right of way line of Old London Bridge Road in an easterly direction along a curve with a radius of 627.43° an arc distance of 454.85 feet to a point; thence continuing aJong the northern right of ~ay line along a curve with a radius of 615.78° an arc dìstance of 287.25 feet to a point; thence south 67° 38' 13" east, 306.54 feet to a point; thençe continuing along thE:! northt!rn rj ght of way line a long a curve wi th a radius of 5736.97° an arc distance Of 3.76 feet to a point; thence turning and running south 43° 27' 05" west, 53.59 feet to a point aJong the southern right of way line of Old London Bridge Road; thence turning and running north 67° 38' 13M west, 291.02 feet to a point; thence continuing along the southern right of way line in à westerly direction along a curve with a radius of 665 I 78V an arc distance of 310.60 feet to a point; thence continuing a long the southern r1 ght of way line along a curve with a radius of 577.43° an arc distance of 147.47 feet to a point; thence turning and runninq north 19° 421 49" east 51.25 feet to the point of beginning. - 1 - ~L-" ...... I 5 CÅRNES, DOUAOO... .E~N A $HAPIAO tÞ C ,,' TDf'~S Á T LAW \..' -' tJ'- l.. L'L'. " . ~'II\L--' \..""it\. \1.---' uu-t -t_\.J J\.JU . - -' - A N D EASTERN PORTION OF OLD LONDON BRIDGE RO1W ALL THAT CER'rAIN PIECE OR PARCEL OF LAND SITUATE; ],YING AND BEING IN THE PRINCESS ANNE BOROUGH OF VIRGINIA BEACH, VIRGINIA as shown on that plat entitled "Exhibit 'AI showing Eastern Portion of Old London Bridge Road To Be Closed, Princess Anne Borough I virginia Beach, Virginia", dated July 20, 1993 by Horton and Dodd, P.C. containing 2 . 1366 acres whìch parcel is more particular ly described äS beginning at the point of intersection of the northern ri ght of way line of London Bridge Road (new) and the southern right of way line of Old Lo~don Bridge Road and from said point following the southern right of way line of Old London Bridge Road in a westerly direction along a curve with a radius of 641.30° an arc distance of 1.75 feet to a point ¡thence north 220 50' 31" west 720.15 feet tC) a point; thence continuing along the southern right of way line along a curve with a radius of 611.30° an arc distance of 492.60 feet to a point; thence north 69° 00' 45" west 436.79 feet to a point; thence continuing along the southern riqht of way line along a curve with a radius of 5786.97° an arc distance of 138.93 feet to a point; thence north 67° 381 13" west, 15.52 feet to a point; thence turning and running north 43° 27' 05" east, 53.59 feet to a point on the northern right of way line of Old London Bridge Road; thence turning and following the northern right of way line of Old LonJon Bridge Road in an easterly direction alonq a curve with a radius of 5736.97c an arc distance of 133.97 feet to a point i the:r1ce south 69° DO. 45" east 436.79 feet to a p(:>int; thence continuing alone¡ the north3rn right of way line along a curve with Q radius of 661.30° an arc distance of 532.89 feet to a point; thence south 22° 50' 31" 9sst, 720.15 feet to a point; thence ,::ontinuing along the northern right of \,¡ay line along a curve wi th a radius of 591.30° 3n arc distance of 93.40 feet to the poJ.nt of intersect ion of the northern right of ~lay line of Old London Dridge Road wi th the northern right of way line of London Bridge no ad; thence turning and running a long the northern right of way line of London Bridge nc.ad north 540 59' 28" west 107.79 feet to the point of beginning. At that time" anyone affected may appear and be heard. After the report of the Viewe.rs is rece:ived" at the next regular meeting of the City Council, or as soon thereafter as the matter may be placed on the agenda, the undersigned will Petition the City Council to vacate, close a~d discontinue the - 2 - SE\T BY. s CARNES 'OUA~ON EFU,. ,$HAÞIAO PC ~'TOANh' 0111 LAW - -- 8- 3-93 : 9. -! 7A~j : SYKES. CAR\ES-' 804 ~26 5687:# 2/ 2 portions of those in ~treets the City Virginia Of Beach, Virginia, (jescribed above. TAYLOR GROUP, L.P.; P . BROWN, BE:rry B . and OOR I S B. LA\Þ1Rl~~NCE CLAUDE BOURDON ,. '-----.... . --" ... " ) v ,/ \ " " .. t ,'\..-. ' \ ') /1 ... ".... .. \ ' By:~ ~::=~-~-~~:::""'~'? 1 Of Coun,;el R. Ed"'ard Bourdon, Jr., Esquire SYKES, CARNES, BOURDON & AHERN, P.C. PembrClke Dne I The Fi fth Floor Virginia Beach, Virginia 23462-2989 (804) 499-8971 3940i - 3 - - I J.. .."" - ~ 5E\T BY. 8- 3-93 : i: -!4A.'1 ; SYKES,CAR'ES- 804 426 5687;# 3/13 P-LI-~ TO: TKE ÞIAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioners, TAYLOR GROUP, IJ.P., CLAUDE P. BROWN, BETTY B. BOURDON and DORIS B. LAWRENCE respectfully represents as follows: 1. That pursuant to the . . provls1onS of Section 15 . 1 -:~ 64 of the 1950 Code of Virginia, as amended. the petitioners apply for the vacating, closing, and discontinuance of a PO]~t ion of that certain platted street, which is more speciJ:ically described as follows: SEE ATTACHED EXHIBIT -A- Said par(~el of land being a portion of Old London B~idge Road (unimproved), as indicated on those certain plats entitled, ttExhihit lA' Showing Western Portion of Old London Bridge Road to be Closed, Princess Anne Borough, Virginia Beach, Virginia., and II .E:xhj hi t . A' Showing Eas tern Portion of Old I.ondon Br idge Road to be Closed, Princess Anne Borough, Virqinia Beach, Virginia", which plats are attached hereto and made a part hereof' at)d intended to be recorded with the Ordinance closing the afore-described street. 2. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of said street; and the petitioner prays that this Honorable Council appoint viewers as provided by law to view said platted street proposed to be closed and to report in writing to the Council on or he fore the day 0 f , 1993, as to whether in the opinion of said viewers, what inconvenience, if any. uould result from the discontinuance and clo;sing of this portion o~ said street, as herein reported and described. 3. That on the 28th day of July, 1993, Notice of the 't'þ(ES CA~NIES BOUFlDOI't AHE~H I SfofAPtRO pc A""Ot'JCVI AT LAW presenting of this Application was posted at the Courthouse of the Circuit Court of the City of Virginia Beach, VirQinia, on the premises to be closed, and at the City Hall Annex, 19th Street and Arctic Avenue, Virginia Beach, Virginia, as evidenced by the Affidavi t attached hereto, and a copy of said Notice. SE\T BY: KU CARN!! 8o.ÞOOtli "HE~ I SHAPIRO" C "nORte... AT LAW - .. - 8- 3-93 : 7,45AM ; SYKES, CAR.'ES- 804 426 5687.# 4/13 4. That the Petitioners are the owners in fee simple of all to along adjacent Land and the said portion of the plat b~d ~ treet to be closed. Respectfully submitted, TAYLOR GROUP, L.P.; CLAUDE P. BROWN, BETTY B. BOURDON and DORIS-B. LAWRENCE /' 0° / , oJ 0 - -) ,/ ,/:. ¡/o '<.-:'- () l ~ ;\--- .. -~ -~ }¿. By ~-b;- ~;;\m~ -~ ~, } f R. Edward Bourdon, Jr., Esquire SYKES, CARNES, BOURDON & AHERN, P.C. Pembrc)ke One - Fifth Floor Virginia Beach. Virginia 23462 (804) 499-8971 3939i - 2 - _I..L'-t_-t SE\T BY. 8- 3-93 ' i.45.t\f : SYKES. CAR.\ES- 80~ ~26 5687:# 5/13 EXH.lD~T -A- LEGAL DESCRIPTION WESTERN PORTION OF OLD LONDON BRIDGE ROAD AIJL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE, LYING AND BEING I:~ THE PRINCESS ANNE BOROUGH OF VIRGINIA EEACH, VIRGINIA as shown ()n that plat entitled "Exhibit 'A' show.tnq Western Portion of Old London Bridge Road To Be Closed, Princess Anne Borough, Virginia Beach, Virginia", dated July 20, 1993 by Horton and Dodd, P.C. containing 1.1957 acres which parcel is more parti(~ularly described as beginning at a point: along the northern r:ight of way line of Old London Bridge ]~oad 269.67 j feet east of its intersection with the eastern right: of way ljne of Harper's Road and from said beqinninq poinl: following the northeln right of way line of Old London Bridge Road in an easterl~' dj rection a long a curve wi th a radius of 627.430 an I arc di stanl=e of 454.85 feet to a point; thence continuing along the northern right of way 1 ine along a ell '('ve wi th a radius of 615.780 an arc distance of 281.25 feet to a point; thence ::;outh 67° 38' 13" east, 306.54 feet to a point; thence continu~_ng along the northern right of way line a]()ng a Curve with a radlus of 5736.97ð an arc distance of 3.76 feet to a point; th4~nce turning ðod running south 430 2" 05" west 53. 59 £4~et to a point alonq the southern right of ¡,.ray 1 ine of Old London Briåge Road; thence turning and runninc; north 670 38' 13" west, 291.02 feet to a point; thence continuing alon9 the southern right of way line in a westerly direction along a curve w L th a radius of 665.78° an arc distance Of :~lO. 60 feet to a point: thence continuing along the southern r~9ht of way line along a curve with a radius of 577.43° an arc distance of 447.47 [eat: to a point; thence turning and runnin(J north 190 42- 49" east 51.25 feet: to the point of beginning. AND LEGAL DESCRIPTION EASTERN PORTION OF OLD LONDON BRIDGE ROAD CARNES ~~ IUI . IHAPIIIIO ,,~ T()ØIWE'iS AT LAW ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE, LYING AND BEING IN" THE PRINCESS ANNE BOROUGH OF VIRGINIA BEACH, VIRGINIA as shOW.r1 o~ that plat entitled "Exhibit: 'A' showing Eastern Portion of Old London Bridge Road To Be Closed, Prj.ncess Anne Borough, Virginia Beach, Virginia", dated July 20, 1993 by ,Horton and Dodd, P.C. containing 2.1366 acres which parcel is more pa rtil~ular ly described as beginning at the point of intersection Of the northern right of way line of London Bridge Road (now) and the southern right of way line of Old London 'Bridge Road and from said point following the southern right of I way linl3 o'f Old London Bridge Road in a westerly direction along a curve with a rðdius of 641.300 an arc distance of 1.75 ¡feet to a ,oint; thence north 220 50' 31- west 720.15 feet to a point; thence continuing along the southern ri~Jht of way line alcÞng a curve with a radius of 611.30° an arc distance of 492.60 1:eet to a point; thence north 69000' 45" ¡.rest 436.79 feet to a point; thence continuing along the southern right Of way line along a curve with a radius of 5786.97° an arc distance of 138.93 feet to a point; thence north 6'° 38' 13" west, I!>. 52 feet to a point; thence turning and running north 43° 27' OS" east, 53.59 feet to a point on the northern rioht of way line of Old London Bridge Road; thence turning and following the northern right of way line of Old London Bridge SE\T BY. ~. CAANU 8OUf'00N Afot & Beo4~M ~ C "'~IVI AT L.AW 5- 3-93 : ï: -!6..\~f : SYKES.CAR:\ES-- 804 426 5687:# 6/13 Road in an easterly di rection along a curve wi th a radius of 5736.97° an arc distance of 133.97 feet to a point; thence south 69° OOt 45" east 436.79 feet to a point; thence continuing along the northern right: of way line alonq a curve with a radius of 661.30. an arc distance of 532.89 feet to a point; thence south 22° 501 31- east, 720.15 feet to a point; thence continuing along the northern right of ~ay line along a curve with a radius of 591.30° an arc distance of 93.40 feet to the point of intersection of the northern riqht of way line of Old London Bridge Road wi th the northern right of way line of London Bridge Road; thence turning and running along the northern right of way line of London Bridge Road north 54° 59- 28" watt 107.79 feet to the point of beginning. 3958i - 2 - SYKES CARNES BOURDON AHERN & SHAPIRO P C A1TORNEYS AT LAW ~ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, R. Edward Bourdon, Jr., attorney for TAYLOR GROUP, L.P., CLAUDE P. BROWN, BETTY B. BOURDON and DORIS B. LAWRENCE, being first duly sworn, deposes and states: 1. That I am an attorney at law and represent TAYLOR GROUP, BOURDON and nORI S B. CLAUDE P . BROWN, BETTY B . L.P. , LAWRENCE. 2. That 28th day of I posted July, the 1993, on notice of the application to close a portion of that certain platted street of variable width designated as unimproved Old London Bridge Road on behalf of TAYLOR GROUP, L.P., CLAUDE P. BROWN, and B. LAWRENCE, for the BOURDON DORIS BETTY B. appointment of Viewers, was said Notice and posted at the following locations: (a) COURTHOUSE - Circuit Court of the City of Virginia Beach, Virginia, Bulletin Board; (b) CITY HALL ANNEX Arctic Avenue, Virginia Bulletin Board; and 19th street and Beach, Virginia, SEE ATTACHED EXHIBIT -A- 3. That on the 28th day of July, 1993 and the 4 th day of August, 1993, the above referenced notice was published in the Virginia Beach Sun, a newspaper of general circulation in the City of Virginia Beach, Virginia as evidenced by the publisher's affidavit attached hereto. And further the deponent ~ ~- ) \ / ~ '--- n ~~'-- --~~1,-~ R. Edward Bourdon, Jr. Subscribed July, 1993. to before me this 16th day of and sworn A My Commission Expires: 8/31/94 3937i SYKES, CARNES, BOURDON & AHERN, P. C. JON M AHERN R EDWARD BOURDON. JR rnOMAS S CARNES LINDA NYE HUSS KEirn L KIMBALL KIRK B LEVY JAMES L PEDIGO. JR HOW ARD R SYKES. JR ATTORNEYS AND COUNSELORS AT LAW PEMBROKE OFFICE PARK PEMBROKE ONE-THE FIFTH A..OOR VIRGINIA BEACH. VIRGINIA 23462-2989 TELEPHONE 499-8971 AREA CODE 804 FAX (804) 456-5445 July 16, 1993 I, R. Edward Bourdon, Jr. attorney for Taylor Group, L.P., Claude P. Brown, Betty B. Bourdon and Doris B. Lawrence do hereby certify that: 1. Group, L.P., Lawrence. I am an attorney at law and represent Taylor Claude P. Brown, Betty B. Bourdon and Doris B. 2. That based upon my examination of title, it is my opinion that if the portion of the street sought to be closed is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said street will vest in the City of Virginia Beach, Virginia, a municipal corporation, subject to the rights of the abutting property owner. 3. The portion of street to be closed, herein is described as follows: referred to SEE ATTACHED EXHIBIT wAw BOURDON & AHERN, P.C. By: R. Edward Bourdon, Jr. 3936i - .. - ~ - , 8- 3-93 . i .4bA~1 ; SYKES. CAR.\ES- 80~ ~26 5687.#10/13 SE\T BY. ORDINANCE NO. IN ']'HE MATTER OF CLOSING, VACATING AND DISCC~NTI.~UING A PORTION OF THAT CERTAIN STREE:T, KNOWN AS OLD LONDON BRIDGE ROAD, AS SHO~[ UI~N THOSE CERTAIN PLATS ENTITLED, "EXHIBIT 'A' SHOWING WESTERN PORTION OF OLD LONOO'N ERIDGE ROAD TO BE CLOSED, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA", AND "EXHIBIT lA' SHOWING EASTERN PORTION OF OLD LONDON BRIDGE ROAD TO BE CLOSED, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA.. WHEREAS, it appearing by affidavit that proper notice has been given by TAYLOR GROUP, L.P, CLAUDE P. BROWN, BETTY B. BOURD~N and DORIS B. LAWRENCE, that they would make application to the Council of the City of Virginia Beach, Virginia, on August 10, 1993, to have a portion of the hereinafter described street discontinued, closed, and vacated¡ and WHEREAS, it is the judgment of the Council that the portion of said street be discontinued, closed, and vacated; NOW THEREFORE, SECTION I BE IT ORDAINED by the Council of the Cit~. of Virginia Beach, Virginia, that the hereinafter described street be discontinJed, closed, and vacated: :3EE ATTACHED EXHIBIT .eA- Said parcel of land being a portion of London Bridge Road as indicated on that certain street closure plat of property to be vacated ê,dj oining and adjacent to the properties of the Petit i oneI.S located , ~n the Princess Anne Borough, Virginia Beach, vi .cginia, which plat is to be recorded in the Clerk' s Office of the Circuit Court of the Ci ty of Vi rçJinia Beach, Virginia, upon adoption of this ordinance, and which is made a part hereof by reference. KEJI CU"'ES BOUAOOf,I \toC£""'. SHAPIIIIO "C .nOt'NIVlA" "AW SECTION II A certified copy of this Ordinance shall be filed in the Office of the Circuit Court of the City of virginia Beach, ---------- - - - - SE\T By: .nC¡s C~"Nt:5 80U"[ION Al-4E-'" & SHN""O PC ""'OA..h'$ AT ~AW tl- 3-93 : i. 4a.t\1 ; SYKES. C.-\R.\ES- 80~ ~26 5687:#11/13 Virginia, and indexed in the name of the City of Virginia Beach as Grantor. SECTION III This Ordinance be effective shall eight (130) days from the date of its adoption. SECTION IV Adopted: ----- 3938i - 2 - onE!-hundred and SE\T BY 8- 3-93 : i. 4a\~f : SYKES.CAR\'ES- 804 426 5687:#12/13 EXII.lB.IÃ "6- LEGAL DESCRIPTION WESTERN PORTION OF OLD LONDON BRIDGE ROAD ALL THAT (~ERTAIN PIECE OR PARCEL OF LAND SITUATE" LYING AND BEING IN 'IHE PRINCESS ANNE BOROUGH OF VIRGINIA BEACH, VIRGINIA as shown on that plat entitled "Exhibit 'AI 5ho~in9 Western Port ion of Old London Bridge Road To Be Closed, PI~incess Anne Borough, Virginia Beach, Virginia", dated July ~~O, 1993 by Horton and Dodd, P.C. containing 1.1957 acres which parcel is more particularly described as beginning at a poin.t: along the northe]~n :cight of way line of Old London Br idge Road 269.67 feet east of its intersection wi th the eastern right of way line of Harper' s Road and from said beginning point following the northern right of way line of Old London Briðge Road in an easterly c1irection along a curve with a radius of 627.43° an arc d:.stance of 454.85 feet to a point; thenCE~ continui ng along the northern right of way line along a curve with a radius of 615.78° an arc distance of 287.25 feet to a point: thence south 67° 38' 138 east, 306.54 feet to a point; thence continuinq along the northern right of way line alonq a curve 1",.¡i th a rê.diu5 of 5736.97° an arc distance of 3.76 feet to a point; thence turning and running south 430 27' 05" west, 53.59 feet to a point along the southern right of way line of Old London Bridge Road; thence turning and rllnni ng north 67° 38' 13" west, 291.02 feet to a point; thence continuing along the southern right of way line in a westerly direC'tion along a curve with a radius of 665.780 an arc distance of 310.60 feet to a point i thence continuing along the southern right of way line ¡11o~9 a curve with a radius of 577.43° an arc distance of 447 .47 feet to a point i thence turning and running north 190 42' 49R east 51.25 feet to the point of beginninq. A H n LEGAL DESCRIPTION EASTERH PORTION OF OLD LONDON BRIDGE ROAD SYKES CA"""ES BOURDON "...£tW & SttAPI"'O F C þ.TTOf'Nf'f5 A1 LAW ALL ':~HAT CERTAIN PIECE OR PARCEL OF LAND SITUA'I'E, LYING AND BEING IN THE PRINCESS ANNE BOROUGH OF VIRGINIA BEACH, VIRGINIA as shown on that plat: entitled NExhibi t I A' shc)wing Eastern Portion of Old London Bridge Road To Be Closed, Princess Anne Borough. Virginia Beach, Virginia8, dated July 20, 1993 by Horten and Dodd, P.C. containing 2.1366 acres which parcel is more particularly described as beginning at the point of intelsection of the northern right of way line of London Bridge Road (ne.w) and the southern right of way line of Old London Bridge ~oad and from said point following the southern right of way linn of Old London Bridge Road in a westerly direction along a curve with a radius of 641.300 an arc distance of 1.75 feet to a point; thence north 22° 50' 31- west 720.15 feet to a pcdnt¡ thence continuing along the southern right of way line along a curve with a radius of 611.30° an a~c distance of 492. 50 ~:eet to a point: thence north 69° 00' 4!)" west 436.79 feet to a point; thence continuing along the southern right of way 1 ir..e a long a curve wi th a radius of 57116.97° an arc distancH of 138.93 feet to a point; thence north 67° 38' 13~i west, 15.52 feet to a point; thence turning and running north 43° 27. OS" east, 53.59 feet to a point on the northern right of '-lay line of Old London Bridge Road¡ thence turning and following the northern right of way line of Old London Bridge SE\T BY. KU. CA""!S .OuflJf>;)N ""I"" . SHAPIAO ~ C I'TT~IY. AT LAW tl- 3-9.3 : 7. SUA.'f , SYKES.CAR;\ES- 80~ 426 5687:#13/13 Road in an easterly direction along a curve with a radius of 5736.970 an arc distance of 133.97 feet to a point; thence south 690 00' 45" east 436.79 feet to a point; thence continuing along the northern right of \<lay line along a curve wi th a rae.ius of 661.30. an arc distance of 532. 8!~ feet to a point; thence south 22.50' 31" east, 720.15 feet to a point; thence continuing along the northern rioht of way ]íne along a curve ~ith a radius of 591.30° an arc distance of 93.40 feet to the point of intersection of the northern right of way line Of Old London Bridge Road wi th the northern right of way line of London Bridge Road; thence turning and running along the northeIn right of way line of London Bridge Road north 540 59' 28" we~t 107.79 feet to the point of beginning. 3958i - 2 - tD :D 0 C> m o~~ ~~ f?C~ ~~ ç"'r- ~~<:v f?~ ~~. AJi. ROAD y r HARPERS LD R /w N 34844' 35" E 23- 4' 20 - GP\N #2405- 6RO~ -- -- -- L\LL\ AN E~, -r¡9"~ -- -- -- --s ~045 -- -- -- 100' DRAINAGE EASEMENT REF. M.B. 51, PG. 45 M.B. 49 , PG. 1 N 50814'11"W 62.42' GTE UTILITY EASEMENT D.B. 2398,~ P. 1 061 '" N 783~" W 107.02' --- I N 87837'53" Yr- . 43.43' R=577.43' A=2.3.40' -- -- R=627.43' A=56.80' N 19'42'49" E 51.25' R=627.43' A=511.64' (O.A.) -- C/l 70' DRAINAGE EASEMENT REF. M.B. 51, PG. 45 M.B. 49 , PG. 1 r 0 Z CJ 0 z PIN 12405-20-774 THE TAYLOR GROUP LP. » \\ ~ ~ ROAD TO BE CLOSED <.1'. GPIN 12405-33-4348 DORIS B. LAWRENCE, BE TTY B. BOURDON & CLAUDE PAUL BROWN R=615.78' A=287.25' R=665.78' A=310.60' f"1'\ '0 G -Z- ~ tf\ 0 cP ~ ~ z. S 43'27'05" W ~.~ ~ 0) /53,59' 0> . ~ ":; ':D ..,Þ '. v -- N 67838'13" y¡~ ~ ~ R-5736 97' 15 52' ~. m - . . A=3.76' 5 43'27'05" W {O ~ ~b ~ ~ '\Ø .~ :-1. .. GPIN 12405-42-5570 THE TAYLOR GROUP LP. :IJ 0 » CJ If) t1' .þ. , t1' to. N (»: I':: . I AREA OF ROAD CLOSURE 52,084.52 SQ. FT. OR 1.1957 AC. EXHIBIT. A . 8HOWNQ WESTERN PORTION OF OLD LONDON BRIDGE ROAD TO EE a. n.cFf\ PRHCESS AtÆ BOAOUQH - V A SEA CH. VAQNA SCALE I r . 200 ~~ JlL Y 20, 1993 HORTON & DODD, P,C. SURVEYORS, ENGINEERS &. PLANNERS CHESAPEAKE VIRGINIA W,O. MCAD\DWG\10990\EX2 (ROO) ~ ~ 8 ~.. ",Þ vas L. R=5736..97' ~ A=3.76 S 43.27'05" W GPIN 12405-33-4348 DORIS B. LA ~ANCEt BETTY B. BOURDON & CLAuDE PAUL BROWN R=5736.97' A= 133. 97' 0 ~ GPIN #2405-42-5570 THE TAYLOR GROUP. L.P. N 4.3827'05" E 5.3.59 ' N 67838'13" W 15.52' R=5786.97' U1 A=138.93' (J1 ~ 8 (J1 ~.. N ()) 2 ("11 , , :-, ú' ~ :::, Ø\ ¡oft : \.0. V' ',' 0 U?t. -:' 0 u " .. 0 ,', ~ .. , ~ ~ ': s O's '::: (f\ ~ <:, GPIN #2405-20-7742 THE TAYLOR GROUP. L.P. '0 ~ 0 11- -Z- 'U' ~ ,0' ~ <, '-1 "-1 \.0 \P :-' r 0 Z CJ 0 z , , , , R=611.30' A=492.60 QJ :JJ ð C) m U1 (.J\ ~ 8 U' ~.. N ()), f'1l :n 0 » CJ c==J AREA OF ROAD CLOSURE 93,070 SQ. FT. OR 2.1366 AC. ~ êj ~ -=ß ~ R=661.30' A=532.89' o~~ ~ ~~~ ,:>0 ~~ çv~ ~~~ '?~ ~~.-+ S 40836'26" W - --=¡S5.85 - EASTERN LIMITS OF RESTRICTIVE AIR RIGHTS EASEMENT R=641.30' A=1.75' ~ --- - z:..- GPIN #2405-51-3413 EXHIBIT. A . SHOWING EASTERN PORTION OF OLD LONDON BRIDGE ROAD TO BE CLOSED PFaNCES8 ANE BOROlJŒi - V A. BEACH. VfQtA N 54859'28" W 107.79' R=591.30' A=93.40' SCALE I r.2OO' JlL Y 20, 1993 ~~ HORTON & DODD, P.C. SURVEYORS. ENGINEERS & PLANNERS CHESAPEAKE VIRGINIA W,O, 1 0900\EX1 (ROO) ~ ~ ROAD 'ý ¥ HARPERS.. ~, V,"" ~L~ ~ ( ...- ~ .. -" \ ~ - - - ... .Ir- i - - - ... ;:-'" -....., -,~. - , -- - w_- , '" - --......- , -. .... , "- - .",-- , , -" --...... , , "--'" "'- PAACB.. C \\ :t26 AC I', "-, 16 AC. I l\il -"~~ImT"-- I ~ ...~ \ I acu.«~_- --- I ";, I --- ... , ,. AIleD.. TO 1ftNCSf'Dt I I f PARCEl. C I ~- j " ~ ' , "- ~ .; 10 ØRo. F1tOM, :to,6 AC. r ~. , -? l:~QR ACII!S) I: ~ P AACEL. B TO 8( I^,', ~ 0 ~ ACaJII£D FIDt IROWN '/, , ~ \ ~ ~ (~: AØf£S) ~ v"'/ ~" ~ ..'~ I I" f": ~a~ I ~ AC I .h " ~ I 0 l~ I .v ~ A ~ ð 1'/'/ i or y \ 't" \ __-..J.._Zl --- --=-L--"¡ / '\."- '1 ð I (p\1'&~. - ¿ ~" ~ ~ ;: -a . -Ý~ , "- .,~ \ \ G ~:.,,\ ""0I'0t1'Y LM$ / / " " ~ I I ~ ~ 'äi ,.~ 10 I( YACAD / , , "- \I~ ~ / , , I. ¡Ç / "- ' ~ r; <? PARCEl. AI ~I' // " "-, ~ ~ ARCEI.. A, :'<;-:t2 AC / .¡( ", , "', "V~ \ I t13 AC J Jjj ç ) " " 0. 6 / , 't \ I,. / / t2O9 AC , $ / , , I / '" ' I , ~.L_-_./ ",- ~ \ r .J ----,..., ., , , I It 1A1\Ø-.U' "- '", 0 : \ :f¡ '",', ~ /\ \ ~/ , ~', <J ~ 'il -- ,/' '\., ',,- \ . , " ' --~ "- ' -- " "'- --- " '" ' -----:t55 AC "- ' ' \ - ---- , ',,- \\11\ -------------;;~:;-.:.. "$_. --~ - ---"" ',,- ' .... ... ... -- ... - - - - - -It ----- SÐU1MI:U1OIN ~T " ' \ "'---- " , \ \ ~ ~ \\~ ..,--... ~- ~ --'.---l ",:.2Ir.. .? ~ -r .. '" V, . J118--- , , -- --"-"'-- --- \. ')... 1:r~ ,"', .'!:t"- . .~ T :. t~ /~~ AC "-" -',,- ' \ j ~ IIDIIUA&. Of' ,,-. , \ -~--- ~ : \A"IUIt~. ~ ""'-, V- ,. I , I I -----1.-------- - L ...L --- -------- ----------- COWPOSI1t: PlAT ~ Of' ~ A.. -~-;S PORTION Of PROPERTY ~ ...---- OWNED BY TAYlOR CROUP, LP. r- 0 Z 0 0 Z - - CIJ 'XJ - 0 C) fìl Ii1II :;Q 0 » CJ ./ 1- -------1 ....--- .-.ens -« 1IOIICIUOt-IMtCNA 8(A0\ 't'IIIQM -- ØDifAU - l-I-IJ 1_- Dr.L 1_- ~rr -- tON, - , . , ~~ HOfm:IN Ie IXX)O. ...c. . --- 0 -..--.::::.------ - - . - - - - - 24- ~ CONSENT AGENDA ITEM # 37105 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance appointing viewers in the petition of ChristÜln Broadcasting Network, Inc. (CBN) for the closing, vacating and discontinuance of West Centerville Turnpike (KEMPSVILLE BOROUGH). The Viewers are: David G. Grochmal Director of General Services Robert J. Scon Director of Planning Ralph A. Smith Director of Public Works Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, Ill, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor Wzlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 10, 1993 ORDINANCE APPOINTING VIEWERS WHEREAS, The Christian Broadcasting Network, Inc. has given due and proper notice, in accordance with the statutes for such cases made and provided that they will on the 10th day of August, 1993, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the discontinuance of the hereinafter described street of variable width, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia; THAT Robert C. Scott, David M. Grochmal and Ralph A. Smith are hereby appointed to view the below-described property and report in writing to the Council, as soon as possible, whether in their opinion any, and if any, what inconvenience would result in the discontinuing and vacating of that certain street of variable width located in the City of Virginia Beach, Virginia, and more particularly described as follows: Beginning at a point, said point being S 00035'5T' W, 237.6T along the western right of way line of CentelVille Turnpike from the northeast comer of the property of the Christian Broadcasting Network, Inc. as shown on the plat entitled Re-Subdivision of Property of the Christian Broadcasting Network, Inc., Vacation of West CentelVille Turnpike. Thence from said point of beginning and leaving the western right of way line of CentelVille Turnpike S 46°39'5111 W, 88.951 to a point; thence along a curve to the left having a radius of 406.97' and an arc length of 224.231 to a point; thence S 49°3010011 W, 26.951 to a point; thence along a curve to the right having a radius of 6004.58' and an arc length of 1466.86' to a point; thence S 63°29'4811 W, 979.691 to a point; thence N 26°30'1211 W, 25.00' to a point; thence S 63°2914811 W, 75.00' to a point; thence S 29°11 '1811 E, 75.08' to a point; thence N 63°29'4811 E, 1051.17' to a point; thence along a CUlVe to the left having a radius of 6054.58' and an arc length of 1479.07' to a point; thence N 49°3010011 E,26.951 to a point; thence along a CUlVe to the right having a radius of 356.9T and an arc length of 196.70' to a point; thence S 36°49'2511 E, 90.38' to a point on the western right. of way line of CentelVille Turnpike; thence along the western right of way line ofCentelVille Turnpike N 00°51145" E, 182.81' to the point of beginning. The above described parcel is located in the Kempsville Borough of the City of Virginia Beach, Virginia. All the above as shown upon that certain plat entitled, "Re-Subdivision of Property of Christian Broadcasting Network, Inc., Vacation of West CentelVille Turnpike," which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed street. Adopted by the Council of the City of Virginia Beach, Virginia on the 10 day of August, 1993. NOTICE PLEASE TAKE NOTICE, that at the meeting of the City Council of the City of Virginia Beach, Virginia, to be held on the 10th day of August, 1993, at 2:00 p.m., at the City Hall of the City of Virginia Beach, Princess Anne Station, the undersigned will petition the Council for the appointment of Viewers to view the below-described street and report to the City Council whether in the opinion of the Viewers, what, if any, inconvenience would result from the vacation, closing and discontinuance of same, said street being described as follows: Beginning at a point, said point being S 00°35'57" W, 237.67' along the western right of way line of Centerville Turnpike from the northeast comer of the property of the Christian Broadcasting Network, Inc. as shown on the plat entitled Re-Subdivision of Property of the Christian Broadcasting Network, Inc., Vacation of West Centerville Turnpike. Thence from said point of beginning and leaving the western right of way line of Centerville Turnpike S 46°39'51" W, 88.95' to a point; thence along a curve to the left having a radius of 406.97' and an arc length of 224.231 to a point; thence S 49°30'00" W,26.95' to a point; thence along a curve to the right having a radius of 6004.58' and an arc length of 1466.86' to a point; thence S 63°29'48" W,979.69' to a point; thence N 26°30112" W,25.001 to a point; thence S 63°29'48" W, 75.00' to a point; thence S 29°11118" E, 75.08' to a point; thence N 63°29'48" E, 1051.17' to a point; thence along a curve to the left having a radius of 6054.58' and an arc length of 1479.07' to a point; thence N 49°30'00" E, 26.95' to a point; thence along a curve to the right having a radius of 356.97' and an arc length of 196.70' to a point; thence S 36°49'25" E,90.38' to a point on the western right of way line of Centerville Turnpike; thence along the western right of way line of Centerville Turnpike N 00°51 '45" E, 182.811 to the point of beginning. The above described parcel is located in the Kempsville Borough of the City of Virginia Beach, Virginia. All the above, as shown upon that certain plat entitled "Re-Subdivision of Property of Christian Broadcasting Network, Inc., Vacation of West Centerville Turnpike:' made by Meridian Associates, Inc. At that time, anyone affected may appear and present his views. After the report of the Viewers is received, at the next regular meeting of the City Council, or as soon thereafter as the matter may be placed on the agenda, the undersigned will Petition the City Council to vacate, close and discontinue that portion of the property in the City of Virginia Beach, Virginia, described above. THE CHRISTIAN NETWORK, INC. BROADCASTING -~ 7/¡1¡f/~ ( / ~7 (- ({),f.-{,Ll. Pamela J. Pi sea li, Of Counsel By: 008642801, 7/14193, 248pm 2 . -- ---- - IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING THAT CERTAIN STREET, KNOWN AS WEST CENTERVILLE TURNPIKE, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED "RE-SUBDMSION OF PROPERTY OF CHRISTIAN BROADCASTING NETWORK, INC., VACATION OF WEST CENTERVILLE TURNPIKE," wmCH PLAT IS ATIACHED HERETO. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your petitioner, The Christian Broadcasting Network, Inc., respectfully represent as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the Petitioner applies for the vacating, closing and discontinuance of that certain street, as is more specifically described as follows: Beginning at a point, said point being S 00°35'57" W, 237.67' along the western right of way line of Centerville Turnpike from the northeast comer of the property of the Christian Broadcasting Network, Inc. as shown on the plat entitled Re-Subdivision of Property of the Christian Broadcasting Network, Inc., Vacation of West Centerville Turnpike. Thence from said point of beginning and leaving the western right of way line of Centerville Turnpike S 46°39'51" W, 88.95' to a point; thence along a curve to the left having a radius of 406.97' and an arc length of 224.23' to a point; thence S 49°30'00" W, 26.95' to a point; thence along a curve to the right having a radius of 6004.58' and an arc length of 1466.86' to a point; thence S 63°29'48" W, 979.69' to a point; thence N 26°30'12" W, 25.00' to a point; thence S 63°29148" W, 75.00' to a point; thence S 29°11'18" E, 75.08' to a point; thence N 63°29'48" E, 1051.17' to a point; thence along a curve to the left having a radius of 6054.581 and an arc length of 1479.07' to a point; thence N 49°30'00" E,26.95' to a point; thence along a curve to the right having a radius of 356.97' and an arc length of 196.70' to a point; thence S 36°49'25" E, 90.38' to a point on the western right of way line of Centerville Turnpike; thence along the western right of way line of Centerville Turnpike N 00°51'45" E, 182.81' to the point of beginning. The above described parcel is located in the Kempsville Borough of the City of Virginia Beach, Virginia. Said parcel of land being known as West Centerville Turnpike, as indicated on that certain plat entitled "Re-Subdivision of Property of Christian Broadcasting Network, Inc., Vacation of West Centerville Turnpike," which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed street. - ------ -- - ------ 2. That no inconvenience will result to any persons by reason of said closing, vacation and discontinuance of said street; and the Petitioner prays that this Honorable Council appoint viewers as provided by law to view said platted street proposed to be closed and to report in writing to the Council as to whether in the opinion of said Viewers, what inconvenience, if any, would result from the discontinuance and closing of said street, as herein reported and described. 3. That on the 19th day of July, 1993, and on the 26th day of July, 1993, notice of the presenting of this application will be published in the Yi!ginian-PilotlLed~ Star, a newspaper of general circulation in the City of Virginia Beach, Virginia. 4. That the applicant has infonned me that the fee simple owner of all land along and adjacent to and affected by the platted street is your petitioner herein, The Christian Broadcasting Network, Inc., 700 CBN Center, Virginia Beach, Virginia 23463. Respectfully submitted, THE CHRISTIAN BROADCASTING NETWORK, INC. ') , .-' ~ 008643901, 7/14193, 3 08pm 2 AlfJ4'WA VIT ST ATE OF VIRGINIA CITY OF NORFOLK, to-wit: I, Pamela 1. Piscatelli, attorney for The Christian Broadcasting Network, Inc., being first duly sworn, deposes and states: 1. That I am an attorney at law and represent The Christian Broadcasting Network, Inc. 2. That I have requested that on the 19th day of July, 1993, and on the 26th day of July, 1993, notice of the presenting of the application to close that certain street known as West Centerville Turnpike on behalf of The Christian Broadcasting Network, Inc., be published in the Ykginian-Pilot/Ledger Star, a newspaper of general circulation in the City of Virginia Beach, Virginia. And further the deponent saith not. / / ~ } -- II I ~I / ' v f t' ell ÿv.fjj~- I j L ) (- {:U~{jlL Pamela J. Pisca Subscribed and sworn to before me this 14th day of July, 1993. /~-- " My commission expires: '6 - 3 ( ,-- 17 0086433 WP, 7/14/93, 243pm KAUFMAN ß CANDLES A PROFESSIONAL CORPORATION ATTORNEYS AND COUNSELORS AT LAW ONE COMMERCIAL PLACE POST OFFICE BOX 3037 NORFOLK, VIRGINIA 23514 (804) 624-3000 FAX (804) 624-3169 11832 ROCK LANDING DRIVE SUITE 101 700 PAVILION CENTER POST OFFICE BOX 828 VIRGINIA BEACH, VIRGINIA 23<451 NEWPORT NEWS, VIRGINIA 23808 DIRECT DIAL NUMBER PAMELA J PISCATELLI (804) 824-3313 July 20, 1993 Certificate of Vesting of Title I, Pamela J. Piscatelli, attorney for The Christian Broadcasting Network, Inc., do hereby certify that: 1. I am an attorney at law and represent The Christian Broadcasting Network, Inc., the petitioner. 2. If the property described below is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said property will vest in The Christian Broadcasting Network, Inc., the adjacent landowner. The said property referred to herein is hereby described as follows: Beginning at a point, said point being S 00°3515711 W, 237.671 along the western right of way line of Centerville Turnpike from the northeast corner of the property of the Christian Broadcasting Network, Inc. as shown on the plat entitled Re-Subdivision of Property of the Christian Broadcasting Network, Inc., Vacation of West Centerville Turnpike. Thence from said point of beginning and leaving the western right of way line of Centerville Turnpike S 46°39' 5111 W, 88.951 to a point; thence along a curve to the left having a radius of 406.97' and an arc length of 224.23' to a point; thence S 49°30' 0011 W, 26.95' to a point; thence along a curve to the right having a radius of 6004.58' and an arc length of 1466.86' to a point; thence S 63°2914811 W, 979.69' to a point; thence N 26°30' 1211 W, 25.001 to a point; thence S 63°29'4811 W, Certificate of Vesting of Title July 20, 1993 Page 2 75.001 to a point; thence S 29°11' 1811 E, 75.08' to a point; thence N 63 °29' 48" E, 1051.17' to a point; thence along a curve to the left having a radius of 6054.58' and an arc length of 1479.0T to a point; thence N 49°30' 00" E, 26.95' to a point; thence along a curve to the right having a radius of 356.971 and an arc length of 196.70' to a point; thence S 36°49' 25" E, 90.38' to a point on the western right of way line of Centerville Turnpike; thence along the western right of way line of Centerville Turnpike N 00°51' 4511 E, 182.81' to the point of beginning. The above described parcel is located in the Kempsville Borough of the City of Virginia Beach, Virginia. Very truly yours, ~~(~ Pamela J. Piscatelli P JP /wpc ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINmNG WEST CENTERVILLE TURNPIKE AS SHOWN ON THAT CERTAIN PLAT ENTITLED IlRE-SUBDMSION OF PROPERTY OF CHRISTIAN BROADCASTING NETWORK, INC., VACATION OF WEST CENTERVILLE TURNPIKE, II wmCH PLAT IS ATTACHED HERETO. WHEREAS, it appearing by affidavit that proper notice has been given by The Christian Broadcasting Network, Inc. eCBNII), that it would make application to the Council (II Council II) of the City of Virginia Beach, Virginia (IICityll), on . 1993, to have the hereinafter described street discontinued, closed and vacated; and WHEREAS, it is the judgment of the Council that said portion of the street be discontinued, closed and vacated: NOW, THEREFORE, SECTION I BE IT ORDAINED by Council that the hereinafter described street be discontinued, closed and vacated: Beginning at a point, said point being S 00°35'5711 W, 237.67' along the western right of way line of Centervil1e Turnpike from the northeast corner of the property of the Christian Broadcasting Network, Inc. as shown on the plat entitled Re-Subdivision of Property of the Christian Broadcasting Network, Inc., Vacation of West Centerville Turnpike. Thence from said point of beginning and leaving the western right of way line of Centervil1e Turnpike S 46°39'51" W, 88.95' to a point; thence along a curve to the left having a radius of 406.97' and an arc length of 224.231 to a point; thence S 49°30'00" W, 26.95' to a point; thence along a curve to the right having a radius of 6004.58' and an arc length of 1466.86' to a point; thence S 63°29'4811 W, 979.69' to a point; thence N 26°30'12" W, 25.00' to a point; thence S 63°2914811 W, 75.001 to a point; thence S 29°11 '1811 E, 75.08' to a point; thence N 63°29'4811 E, 1051.17' to a point; thence along a curve to the left having a radius of 6054.58' and an arc length of 1479.07' to a point; thence N 49°30'00" E, 26.95' to a point; thence along a cutVe to the right having a radius of 356.97' and an arc length of 196.70' to a point; thence S 36°49'25" E, 90.38' to a point on the western right of way line of Centervil1e Turnpike; thence along the western right of way line of CentetVil1e Turnpike N 00°51'45" E, 182.81' to the point of beginning: The above described parcel is located in the Kempsvil1e Borough of the City of Virginia Beach, Virginia. SECTION IT A certified copy of this Ordinance shall be filed in the Clerk's Office and indexed in the name of the City of Virginia Beach as Grantor. ADOPTED: 2 Beginning at a point, said point being S 00°35'57" W, 237.67' along the western right of way line of CentetVille Turnpike from the northeast comer of the property of the Christian Broadcasting Network, Inc. as shown on the plat entitled Re-Subdivision of Property of the Christian Broadcasting Network, Inc., Vacation of West CenteIVilJe Turnpike. Thence from said point of beginning and leaving the western right of way line of CentelVille Turnpike S 46°39'51" W, 88.95' to a point; thence along a cwve to the left having a radius of 406.9T and an arc length of 224.23' to a point; thence S 49°30'0011 W,26.95' to a point; thence along a curve to the right having a radius of 6004.58' and an arc length of 1466.86' to a point; thence S 63°29'4811 W,979.69' to a point; thence N 26°3011211 W,25.001 to a point; thence S 63°29'4811 W, 75.001 to a point; thence S 29°1111811 E, 75.08' to a point; thence N 63°2914811 E, 1051.1 T to a point; thence along a curve to the left having a radius of 6054.58' and an arc length of 1479.0T to a point; thence N 49°30'0011 E, 26.95' to a point; thence along a curve to the right having a radius of 356.9T and an arc length of 196.70' to a point; thence S 36°49'2511 E, 90.38' to a point on the western right of way line of CentetVil1e Turnpike; thence along the western right of way line of Centerville Turnpike N 00°5114511 E, 182.81' to the point of beginning. The above described parcel is located in the Kempsville Borough of the City of Virginia Beach, Virginia. HE VIRGINIAN-PILOT BILLED ACCOUNT KAUFMAN AND CANOLES P.O. BOX 3037 NORFOLK 23514 ISSUE EDITION INVC NBR DESCRIPTION 07/19/93 07/26/93 FULL FULL 763348001 763348002 CENTERVILLE TUR CENTERVILLE TUR NOTICE 63"29'48" E. 1051 16' .- PlEASE TAKE NOTICE that lit DOint. ItI8nc:8 a~ a CUM tcf the meetlnl of the CIty Coùncll of left 1\8vI"I a radius of 6054, the C~ of Vir¡Jnia Beãch, '(Ir¡ln- and an afctl Ien8Ih d 1rn479 ii, to I)e heId.oo-the 10th dly of to a DOIn~ thence N 4 Auillst. 1993"'". at 2 00 ~ m , lit E 26 95 to a point, thi CIty Hall d the CIty òf VI!Øn- aLv;; a CUM to the rlBht Ia Beaëh, Prlnc:e5$ Anne StatiOn, aråCIlus ot 356 97' arid an thl8ul!dersl¡ned will petition the length of 196 70' to a ~I for the appointment of theñc:e S 36.49'25" E, 90 VIewers to view the below-de- a point on the western ICribed street and report to the Yi8Y Hne ot CentøMlle Tum ÇØy Council whether rn the OpIn- thènœ alonQ the westem Iori of the VIewers, what, It any, w~Jlne of CenteMlle Tump. 1nI:om.<en1enc:e would result from 00"51'45" E, 182 a1' to th8 YllCatlon, c:los1l18 and dlscon- DOInt of beQinnll18- IInuance of same, said street be- The abo\/e àescrI$i:1 !N described as follows cated In Kern Ie SiiIInninalt a DOInt, said DOInt of the CIty ~ VI nla Be8c:h, ~ S 00"35'57" W, 23767' 2Inia .. the western right d way All the abow, as shown u line Of CenteMIIe Turt:'P!ke frori1 c:eltaln Dlat entitled "R the northeast comer of the prop- sIon at property d erty of the Christian Broadc:àstl~ Broadc:astini -NeJwork. Inc Network, Inc.. as shown on the cation of West CentefVllle =titled Re-Subdlvlslon of pike," made by Meridian of the Christian Broad- dates Inc !II Network, Inc, Vacation At ihãt time, al1)'Ol18 etfect8cI of.. West CenteMlle Turnpike appear and ~t his Thence from said point of beøn- After the report of the V" ! and 1e8YI"I the west8m reœcvecI, 8t the next d line of CenteMIIe meetl,. of the CouncIl, ump/lle ~6"39' 51" W, 88 95' soon ttMueafter ~ matter to a DOInt. thence alona a CUMI be placed on the aaenc:ta, to ttie left h8vIna a radius of undel"SUll18Cl win PebtIõn the 406.97' and an arc length of Counc:lrto ~_<:k- and ~~~3' to a DOInt tt1eñoe S continue that ~ of the , W, 26 95' to a ~ erty In the CItY d Vlrllnla a CUM to the rllIffi. VIIKlnIa, desc:nbed above ¡ h8vIns aUld 6004 58' and THE CHRISTIAN an arc !enaIh d 1466 86' to a BROADCASTING . t!¡.þIi:e S 63~9'4a" "!. NETWORK, INC I 79 OY to a øoInt. th8nc:e ,.. BY Pamela J Plscatellt, I 6"3O'12:~25 OO'~I .~ Of Counsel / thence 5 o.:n:9' 48" UU" / t,a DOint, thence S g-11""f' : ~LJ 08' to I point, thencIiØI I State of Virginia City of N orf olk to-wit: AFFIDAVIT STATEMENT NO, PAGE INVOICE DATE 142 1 08/02/93 BILLED ACCT# AD NUMBER INVC NUMBER 020382003 7F860210 763348001 . SIZE GROSS AMT. 2 X 0049 2 X 0049 244. 02 244.02 TOTAL 488.04 3450 8I8IIJRI'œ~ V"'nIV V"TY.. I 'IIVV."'." \ r NOTICE 63"29'48" E. 1051 16' to I PLbtsE TAKE NOTIC~I. that at DOInt, thence alon¡ I curve to the the meetll1I at the Çity \<OUncll of left havln¡ a radius of 6054 58' ttit~ofVlratnia BeiIc:h, VI,..n- and an afctllen¡th of 147907' la, to I)e heid on the 10th daY of to a DOInt, thenCe N 4g-J0'00" ~, 1993 It 200 ø m. lit E 2695 to a point thence th8 City HIli d the City ciJf VIIKin- a(Mi,"1 CUM to the rw.t haYlna Ie Beaéh. Prlnc:,ss Anne Statfon, a"niðlua of 356 97' lrid In ard1 the underslJ1ed will the of 196 70' to I nt Council for the I~ of = S 36.49'25" E, go ~ tó VIewers to view \fie below-de- a point on the western rlaht of ICllbed street and I'8,PO!t. to the way line of Centerville TU~k81 ÇIty CouncIl whether ,n the optn- th8nce alo the western rI 01' Iori of the Viewers, what, It Iny, ~ line of~tervtlle Tum ke N /nconY8nlenc8 would result rrom 00"51'45" E, 18281' the the YlCltIon, c:IosInl and dlscon- DOInt of belúnnlfl&. tInuance of same, said street be- The aboYe óesc:rlælls II> Irw d8sc:rlbed IS follows ceted In the Kem Ie Borou !jnnlna at I pglnt, said DOInt of the City of VI nil Be8c:h, ~ I S 00"35'57" W, 237 67' 8Inla I the western rltht of way All th8 abcMl, as shawn upon~ line õI Centervtlle TumPlke frori1 certain plat entitled "Re-Subd - the northeast comer of the )IQp- sian at P~ of Christ erty at the ChrIstIan Broadc:àstIl1I Broadc:astll1l Net\Nort(, Inc V ~~I~ as shown on the cation of West Centervlll8 tu w.8nUU8( Re-Subdlvlslon of pike," made by Meridian of the CtvIstIan Broad- cl8t8S Inc NetwortI, Inc, Vacation At the! time, 111)'0118 efY8cted m of est Centerville Turnpike appear and ~t his YI8ws Thance from said point of beQln- After the repòrt d the VIewers Is ! and IeavInl the wesfèm 11IC8/ved, lit the next !'8IUlar d w line of Centervllie meetI of the CouncIl or as ümpIk8 S '6"39' 51" W, 88 95' 100I'I B!.reefter ~ matt8r may to a point, thence 11001 a curve be placed on the 1I&8I'Ida, the to ttí8 left haYln¡ a radIus of undèrsianed will Petltlón the CIty ;J7' and an ere lencth of Councillo vac:ate~ .c.i0s8 and dls- 4 23' to I thence S continue that pomon of I 00" w,lt4'k- to a poI~ eJ.ty In the Citý of VllKinl~ thence lloIw a CUM to the rI¥Jl~ Vlríllnla, described a1xMl h8YIn8 a radius d 6004 58' BOd THE CHRISTIAN III arc lenlth of 1466 86' to a BROADCASTING ~ theñè:e S 63"29'48" W NETWORK, INC 9~9' 110 a DOInt thence N BY Pamela J Plscatelll, Ø83ð'12:r!,.25 00' to a.JlOl.!'l, or Counsel Ih8nc8 S ~-4i:9'4a" W 75 tAT tø a DOInt, thence S 29-11'18" Eo 76.08' to a point, thence N , This day Rose Stewart personally appeared before me and after being duly sworn made oath that: (1) (He) (She) is affidavit clerk of The Virginian-Pilot a newspaper published by landmark Communications Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia Beach, State of Virginia; (2) That the advertisement hereto annexed at CENTERVILLE TUR said newspaper during the following dates: 07/19/93 - 07/26/93 ~ has been published in Subscribed and sworn to before me in my city and state a ore aid this 1993 Affiant 2ND day of AUGUST My commission expires APRIL 30TH, 1994 Notary Public . THE PLATTI"G OR D(O'CATIO" or THE FOLLOWl"G DESCRIBED LAND "RESUBDIVISION Of PROPERTY or CHRIS TlAN BROADCASTING NETWORK INC VACATION Of WEST CENTERVILLE TURNPIKE" LOCATED IN THE KE~PSVlLLE BOROuGH VIRGiNIA BEACH VlRGIN'A is WITH THE fREE CONSENT AND ACCORDANCE WITH THE DESIRES or THE uNDERSIGNED O""'ER WHO CER TlFIES THAT THERE ARE NO ENCU~BRANCES ON THIS PROPERTY THE DEDiCAnON or THE STREETS EASE~ENTS AND PLANTING STRiPS IF ANY IS OF THE WIDTH AND EXTENT SHO"'" ON THIS PLAT ALL EASEIAENTS ARE SuBJECT TO THE RIGHTS Of THE CITY or VIRGINIA BEACH VIRGINIA AND ARE rOR SuRFACE AND uNDERGROUND DRAINAGE AND uNDERGROUND AND OVERHEAD uTILITIES DATE ROBERT ~ PRIGt.40RE VICE PRESiDENT AND CHIEF FINANCiAL OFFICER N69 10 10'W 7172 CHRISTIAN BROADCASTING NETWORK INC A ~ ~ / A nEST STATE OF VIRGINIA CITY OF VIRGINIA BEACH 10 w,l VICINITY ~AP (NTS) GIVEN UNDER ~Y HAND THIS - DAY OF 19- 60. :\ ~\~ \~<f.C? \~ N7B 32 3.'w 955'fi I ..... (7> of> .....1. ...,~ 10 of> ..... (;PIN PARCEL A PARCEL B I A NOTARY IN AND FOR THE CITY AND STATE AFORESAID DO HEREBY CERTlF'( THAT ROBERT t.4 PRIGt.40RE VICE PRESIDENT AND CHIEF FINANCIAL OFFICER Of THE CHRISTIAN BROADCASTING NETWORK INC WHOSE NAIAE AS SUCH is SIGNED TO THE FOREGOING WRITING HAS ACKNOWLEDGED THE SA~E BEFORE ~E IN IN CITY AND STATE AFORESAID ---- PROPERTY LINE HEREBY VACATED ~ g .....Ig: -0 00 IOU') ..., lAY COIAIAISSION EXPIRES PARCEL A NOTARY PUBLIC SEE SHEET 3 FOR ADDITIONAL NOTES AND CERTIFICATIONS WEST CENTERVILLE TuRNPIKE (~O R/W) (VOH&T HWY PLANS NO 0064-134-101 C501) HEREBY VACA TED PARCEL B ~ PROPERTY LINES HEREBY VACATED Y ~ ~/~~ !b .. -X ,,~ /,;j 0 () f"T"\ Z -4 f"T"\ ::0 5 1= f"T"\ -4 C z ::0 l~ Z . -0 10 . ^ ..... f"T"\ ::i: ,-.. <: :Þ ::0 ~\ :Þ cD \ f"T"\ ¡:;. ::0 ~ '-- -J :E 10 ---- ø ~6114 9~O'1J- « ~ ..~ ~,..,\~ ""<Q;:>ER TY liNES ~~y """< """0 -z. ,.., \'6> ~\O ~\;O ~. '*- NOW OR FORt.4ERL Y CHR STIAN BROADCASTING NETWORK INC (08 1709 PC 359) viRGINIA IN THE CLERK S OfFICE or I;E CIRCUIT COuRT OF THE CITY OF V,RG'NIA BEACH vIRG'NIA ON THE DAY Of --- - 19 -- THIS PLAT WAS RECEIJED A',D ADMITTED TO RECORD IN w.P BOOK AT PAGE "OW OR fORIAERL Y CITy or VIRGINIA BEACH t.4B216PG1D / / TESTE CLERK PO Bo. 2573 V 'gin 0 B..o," JO _'4" "}O) / -IJ[DR..w~ ~.~DUE - ~- RESUBDIVISION OF -PRO?f~TY Of . Î ¡'Dillon C"K_DATE - I I CouP C"K - DATE - CHRISTIAN BROADCAsnNG NElWORK, INC. i ~:'-G C"K -= DATE - VACA nON Of WEST CENTERVILLE TURNPIKE; jDEPT "lAO_DA~E_1 REF DB 1537 PG 726 DB 2307 PG '4" I iIL"-~OJ!_CT"O. I DB 2307 PG 415 I S-ALf SHEET 1 Of 3 , 23450 I ~.- ~~~~-~~-~ I ~E""PS, l E 80"ouG>-i ,'~CI";,A ~E ACH \lRC";' :'l!~D 'WL">-i.'~r.",Wnl'-'" - L~IA'f ," - CURVf: :J_----or=u";--T-. RAD.'~hf~f!H -.Œ. T~.Ç[~-L _Q:ORQ~~.-y~~~~ç-~ ' 180543" 560458 11;3321 92430 162561 NS~'656"E 2 07916' 128603 16434 --8228----'6423-- 503 CISB"t --3--- 313408" 4069ì 22423 ,1S-0¡--1214,.----Sf;S1703"W 4 13-59-48-'-- 6004 56- ~-B6 - -- - j-371Õ------'¡6:f21-Ñ<'E 59S4rt' -- 5 ,3594B" -.-6õ54-58 ~'90ì 74324 ----;-¡j54C---;-cf '3540:' --6 - ----:3ï -34- I yo --35696- --- ;-9670-- ---;¡)O <;'1---3422- - <;fS- - ëB'-", ~ - ---7.---0~S:f~7-- - --- j781Õ-- ---2BÖS- --- '-0-"-------;8 O~- --'C.-4~ s;-w'1 ..8 --. --'~19-0b.- - 37810' _87_72 - --~4¡2- .- .131.46-----. .c,'-YÉj --~~-_.._------ - 25 - &mJll:::LZ. CONSENT AGENDA ITEM # 37106 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance authorizing License Refunds in the amount of $13,680.45 upon application of certain persons and upon certification of the Commissioner of the Revenue for payment Voting: 10-0 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, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 10, 1993 FORM NO CA 8 REV ~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME License Year Date Paid Base Penalty Int Total Hess's Department Stores Inc. T/A Hessls Department Stores Hamilton Mall At 9th 1991-92 Allentown, PA 18101 Audit 792.89 792.89 Interior Innovatl0ns Inc. 1991-92 T/A Interior Innovations 1581 General Booth Blvd. #113 Virginia Beach, VA 23454 Audit 206.26 206.26 Liberty Nissan Ltd. c/o Llberty Motor Ltd. 792 S. Ml1itary Hwy. Vlrginia Beach, VA 23464 1992 Audit 2,893.01 2,893.01 Certified as to Payment --~~þ~ ~rt P Vaughan ,- Commissioner of the Revenue Approved as to form ~ es Ie L Lilley City Attorney - . This ordinance shall be effective from date of adoption The above abatement(s) totaling $ 3,892. 16 were approved by the CouncIl of the City of Virginia Beach on the 10 day of August 19 93 I Ruth Hodges Smith City Clerk FORM NO CA 8 REV 3186 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME License Date Base Penalty Int Total Year Paid Country Miss Inc. 1992 Audit 243.42 243.42 T/A Old Mill 19 P.O. Box 769 Easton, PA 18044 Dal Tile Corporation 1989-92 Audit 2,450.86 2,450.86 7834 Hawn Freeway Dallas, TX 75217 FJMP Health Services Inc. T/A Nurseflnders of Hampton Roads 4585 Bob Jones Drive 1992 Audit 320.73 320.73 Virglnia Beach, VA 23462 Certified as to Payment ~:_~/. ¥- ~rt P vaughan. CommIssioner of the Revenue - Approved as to form œLfITf:~ City Attorney This ordinance shall be effective from date of adoption The above abatement(s} totaling $ 3,015. 01 were approved by the CounCil f th C t f V B h th 10 day of August I 19 93 0 e I y a Irglnla eac on e Ruth Hodges Smith City Clerk FORM NO CA 8 Rev 3186 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME license Date Base Penalty Int Total Year Paid Albic Inc. 1991-92 Audit 2,018.21 2,018.21 T/A Sheraton Beach Inn c/o Mr. William J. Vaughan, Jr. 4l1-52nd Street Vl.rginia Beach, VA 23451 Artegian, April c. 1991-92 Audit 28.24 28.24 409 Semmes Street Middleton, RI 02842 B F Salomonsky & Sons Inc. 104 W. Freemason Street 1992 Audit 67.71 67.71 Norfolk, VA 23510 Certified as to Payment obert P Vaughan Commissioner of the A Approved as to form ~~ City Attorney ThIS ordinance shall be effective from date of adoption The above abatement(s) totaling $ 2,114. 16 were approved by the Council of the City of Virginia Beach on the 10 day of August ,19 93 Ruth Hodges Smith City Clerk FORM NO CA 8 REV 3186 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applicatIons for license refunds, upon certifIcation of the Commissioner of the Revenue are hereby approved' NAME LIcense Date Base Penalty Int Year PaId 1991-92 Audit 149.41 1993 6/30/93 149.41 Total 01an Mills Inc. P.O. Box 23456 Chattanooga, TN 149.41 149.41 37422 SEC Computer Co. 5400 Byrdhill Road R1chmond, VA 23228 1991-92 Audit 1,027.22 1,027.22 Virginia Hotel Corporation T/A Radisson Virginia Beach c/o Victor Management Company P.O. Box 6097 1991-93 Newport News, VA 23606 Attn: R. P. Stenzhorn Audit 630.27 630.27 Certified as to Payment ~ ~ /~- ~ ~ /" ~ C-----Robert P Vaughan ¿ Commissioner of the Revenue Approved as to form ~ Le e L Lilley City A;t~rney - - -- ThiS ordinance shall be effective from date of adoption The above abatement(s) totaling $ 1,956.31 were approved by the CounCil of the CIty of Virginia Beach on the 10 day of August ,19 93 Ruth Hodges Smith City Clerk FORM NO C A. 8 REV MI6 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That the following applicatIons for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int Total Year Paid Bruckner, V1astim1 J. 1992-93 Audit 190.55 190.55 T/A Great Neck Vet Clinic 917 Royal Cove Way Virginia Beach, VA 23454 Chamar Inc. 1992 Audit 879.75 879.75 T/A Great Big Greenhouse & Nursery 3935 Western Branch Blvd. Chesapeake, VA 23321 Coastal Cab Co. 1990 Audit 612.18 612.18 184 S. Plaza Trail Virglnia Beach, VA 23452 Certified as to Payment ~-:4 ~ ~ ~Robert P Vaughan J CommisSioner of the Revenue -- Approved as to form ~~ esl L LIlley i CIty Attorney ThIS ordinance shall be effectIve from date of adoption The above abatement(s) totaling $ 1,682.48 were approved by the Council of the City of Virginia Beach on the 10 day of August 19 93 Ruth Hodges Smith CIty Clerk FOAM NO C.A. 8 REV 31M AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int Total Year Paid Bissett Realty Inc. 1993 Audit 794.38 794.38 4316 Vlrginia Beach Blvd. Vlrginla Beach, VA 23452 Boyer, Steve E. 1992 Audlt 105.15 105.15 T/A Boyer Siding 1700 Long Ridge Road Chesapeake, VA 23322 Bruce, C. Randolph & Carolyn H. 1664 Ashton Drlve 1989-92 Audit 120.80 120.80 Virginia Beach, VA 23464 Certified as to Payment ~~~ obert P Vaugh Commissioner of the Revenue . Approved as to form Le~~ City Attorney This ordinance shall be effective from date of adoption The above abatement(s) totaling $ 1,020.33 were approved by the Council of the City of Virginia Beach on the 10 day of August I 19 93 Ruth Hodges Smith City Clerk - 26- I1.e.uLlll=LL. ORDINANCES ITEM # 37107 Upon motion by Council Lady Parker, seconded by VIce Mayor Sessoms, City Council ADOPTED, AS REVISED: Ordinance to AMEND and REORDAIN Chapter 15 of the Code of the City of VIrginia Beach, VIrginia, by ADDING Section 15 - 7 re nuu:imum occupancy of hotel and motel rooms. Voting: 10-0 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. Lantezgne, Mayor Meyera E Oberndorf, Nancy K Parker and VIce Mayor Wzlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 10, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 " 1 2 3 4 5 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 15 OF THE CODE OF THE CITY OF VIRGINIA BEACH BY ADDING A NEW SECTION 15-7 PERTAINING TO MAXIMUM OCCUPANCY OF HOTEL AND MOTEL ROOMS. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: That Chapter 15 of the Code of the City of Virginia Beach is 8 9 hereby amended and reordained by adding a new section 15-7 to read as follows: section 15-7. Maximum Occupancy. ~be un~for any person conqucting or managing any rooming house. lodging house. tourist court. motel or hotel in the çj. ty wþere rooms are kt. ~o perm~ t any room or sþace to ~ occup~n excess o~he maximum occupant ¡oad-Ior sucþ room or space. as cer~y ~he fire mars~n accorqance w~ Virginia statewide Fire Prevention Code. Adopted by Council of City virginia the of the Beach, Virginia, on the 10th day of August , 1993. CA-5220 ORDIN\PROPOSED\15-007.0RD R-2 AUGUST 9, 1993 ,-. - 27- ~ ORDINANCES ITEM # 37108 Upon motion by VIce Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinances re Sheriff's Department: APPROPRIATE $307,000 in additional Federal revenues for prisoner reimbursements re purchase equipment for the Correctional Center. APPROPRIATE $100,000 in additional revenues from the Federal government and $220,000 from the Inmate Telephone Program; and, TRANSFER $215,800 from within the Sheriffs Departments FY 1993- 1994 Operating Budget re medical contract and employees' compensation packages. Voting: 10-0 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, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 10, 1993 AN ORDINANCE TO APPROPRIATE $307,000 IN ADDITIONAL FEDERAL REVENUES FOR PRISONER REIMBURSEMENTS TO PURCHASE VARIOUS EQUIPMENT FOR THE SHERIFF'S DEPARTMENT 1 WHEREAS, the Virginia Beach Correctional Center housed Federal and State prisoners 2 beyond the level originally estImated resulting in addItional revenues from the Federal and State governments, 3 WHEREAS, that additIOnal revenue would be used to purchase needed eqUIpment for the 4 Correctional Center as follows 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Fire Breathing Apparatus - this is reqUIred so that DeputIes may accompany Fire Fighters Into the Jail in order to remove prisoners (purchase 10 units) Inmate Property Conveyor System - this will allow the Sheriff's Department to maximize the use of available storage space for Inmate belongings and will help In maintaInIng the inventory Dishwasher - the current dishwasher is old and unreliable, without replacement it could stop functIOning all together, resultIng In health violations. Inmate Video Identification - this system will allow the Department to computerize the video images of prisoners for latter retrieval. It will ensure accuracy In determining prisoner IdentIfications. Work Force Trucks - two additional 1/2 ton, dual cab pIck-up trucks would be purchased due to the increased utilization of the Sheriff's Commumty Work Force Program Computer Card Entry System - this system will monitor all interior and exterior doors and keep a log of who is accessIng certain parts of the CorrectIOnal Center. ThIs system will replace the current WrItten log system. Total ApproprIatIon $14,000 $65,000 $30,000 $60,000 $25,000 $113,000 $307,000 22 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA, that $307,000 be appropriated to purchase equipment for the Correctional 24 Center. 25 BE IT FURTHER ORDAINED, that estImated revenues from the Federal Government be 26 Increased by $307,000 to reflect this appropriatIon. 27 Adopted by the CIty CouncIl of the City of Virginia Beach, Virginia on 28 August , 1993 -~l ~, , (1 Approved~toContem APPROV~~ f\~o TC? o. N"'" q' -( >'.r LEGl~tL sa - ~- i\.... k ..:i'~ 0-';' Wa ter C. Kraeme Deputy Director Management and Budget 10 day of 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 I AN ORDINANCE TO APPROPRIATE $100,000 IN ADDITIONAL REVENUES FROM THE FEDERAL GOVERNMENT AND $ 220,000 FROM THE INMATE TELEPHONE PROGRAM AND TO TRANSFER $215,800 FROM WITlDN THE SHERIFF'S DEPARTMENT'S FY 1993-94 OPERATING BUDGET TO PROVIDE FUNDING NEEDED FOR THE MEDICAL CONTRACT AND FOR ENHANCEMENT TO EMPLOYEES COMPENSATION PACKAGES 1 WHEREAS, the Sheriff's Department is responsible for the health and safety of inmates 2 housed m the Virgima Beach Correctional Center and provides for the Inmates health through a medical 3 contract which allows up to 675 inmates at a flat rate and charges a per diem for mmates beyond 675, 4 WHEREAS, there is funding available to pay this per diem charge in the Inmate Telephone 5 Fund, 6 WHEREAS, the Sheriff's Department is also responsible for ensuring that personnel hired to 7 monitor CorrectiOnal Center activities are qualified and properly supervised and to accomphsh thiS the 8 following programs are proposed: College Incentive/Training Bonus Program - this program was started last fiscal year to provide one-time bonuses to employees who attain a college degree The program is designed to encourage and retain college educated personnel. Experience Bonus Program - the Sheriff's Department has an average annual attrition rate of 15 5 %, with over half leaving with three years or less of service. This program would provide bonuses based on years of service in the department (2 to 6 years would receive $600; 6 to 10 years would receive $800, and more than 10 years would receive $1,000) Corporal/Supervisory Upgrades - this program would address both the retention of qualified employees as well as the lack of supervision It would promote 33 existing deputies to the newly created rank of Corporal and maintain the compensation relationship of this new rank to existing supervisory positions $80,000 $174,800 $61,000 Total Appropriation. $315,800 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $220,000 be approprIated from the Inmate Telephone Fund for the purposes of paying the per diem charges on the medical contract and that $100,000 be appropriated from Federal prisoner reimbursements with an additional $215,800 transferred from within the SherIff's FY 1993- 94 Operating Budget for the purposes of estabhshing an Experience Bonus Program and the Corporal/Supervisory Upgrades and to continue the College Incentive/Training Bonus Program. BE IT FURTHER ORDAINED, that estimated revenues from the Federal Government be mcreased by $100,000 and that revenues from the Inmate Telephone Program be increased by $220,000. Adopted by the City Council of the City of VIrginia Beach, Virginia on Augsut , 1993 10 day of -,.....-. ,. í.t CO"'< ¡r. ""\. fro- -"'" ~ ,-. TO f ,-' . - " ". ! , . , , .." ~f- ~. ' -~ ~ Approved as to Content ~~~ Walter C. Kra r, Jr. Deputy Director Management and Budget -~ø/ - 28- ~ PUBUC HEARING ITEM # 37109 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. (a) ALBERMARLE TIMBER, INC. (b) GEORGE AND DIANA COOPER (c) JERRY C. WHITEHURST, et ux (d) R & L CHILD CARE, INC. (e) ALLSAFE SELF STORAGE (j) FERRELL PARKWAY ASSOCIATEs, INe. (g) LAKE RIDGE ASSOCIATES CONDITIONAL USE PERMIT V ARlANCE V ARlANCE PERMIT CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT RECONSIDERATION OF PROFFERS CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT August 10, 1993 - 29 - ~ PUBUC HEARING ITEM # 37110 PLANNING Upon motion by Councilman Dean, seconded by Councilman Lanteigne, City Council ADOPTED an Ordinance upon application of ALBERMARLE TIMBER, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ALBERMARLE TIMBER, INC., FOR A CONDITIONAL USE PERMIT FOR A FIREWOOD PREPARATION FACILIIY RO8931840 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CIIY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Albermarle Timber, Inc., for a Conditional Use Permit for a firewood preparation facility on the east sIde of Princess Anne Road, 800 feet more or less north of Indian River Road. Said parcel is located at 1824 Princess Anne Road and contains 52 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. This request is approved for a two (2) -year period. 2. A one hundred (lOO}-foot buffer along all public rights-of- way shall be left undisturbed. 3. Effective August 1, 1993 November 1, 1993, tree stumps and other debris shall be removed from the site as well as any trailers not in use and inoperative vehicles or equipment. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of August. Nineteen ~ ~. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, Ill, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 10, 1993 - 30- ~ PUBUC HEARING ITEM # 37111 PLANNING Richard K Stell, 219 66th Street, Phone: 428-5824, represented the applicant Upon motion by Councilman Clyburn, seconded by Councilman Baum, City Council APPROVED the Application of GEORGE and DIANA COOPER for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision to meet all requirements of the City Zoning Ordinance. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for George & Diane Cooper. Property is located at 1154 Thompkins Lane. KEMPSVILLE BOROUGH The following condition shall be required: 1. In order to preserve the maximum number of trees on proposed Lot 4B, a building envelope shall be established. The applicant will work with the Planning Department to determine an appropriate building envelope for Lot 4B. Voting: 10-0 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, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 10, 1993 - 31 - ~ PUBUC HEARING ITEM # 37112 PLANNING Upon motion by Councilman Lanteigne, seconded by Council Lady Parker, City Council APPROVED the Application of JERRY C. WHITEHURST, et ux for a .variance to Section 4.4(d) of the Subdivision Ordinance which requires that all lots created by subdivision have direct access to a public street. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Jerry C. Whitehurst, et ux. Property is located at 1175 Horn Point Road. PUNGO BOROUGH. Voting: 10-0 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, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 10, 1993 - 32 - Ill.=KL4. PUBUC HEARING ITEM # 37113 PLANNING Attorney Edward Bourdon, Pembroke One, Fifth Floor, Phone: 49-8971, represented the applicant and requested DEFERRAL to resolve the parking issue. Upon motion by Councilman Jones, seconded by VIce Mayor Sessoms, City Council DEFERRED until the City Council Session of August 24, 1993, R & L CHILD CARE, INC. for a Conditional Change of Zoning District Classification. ORDINANCE UPON APPLICATION OF R & L CHILD CARE, INC. FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-2 TO B-2 Ordinance upon application of R & L Child Care, Inc. for a Conditional Change of Zoning District Classification from 0- 2 Office District to B-2 Community Business District at the northeast intersection of Constitution Drive and Hinsdale Street. The proposed zoning classification change to B-2 is for community business land use. The Comprehensive Plan recommends use of this parcel for urban medium high density residential at densities that are compatible with multi-family use in accordance with other Plan policies. Said parcel is located at 520 Constitutzon Drive and contains 9583 square feet. BAYSIDE BOROUGH. Voting: 10-0 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, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 10, 1993 - 33 - /ll=K.l&. PUBUC HEARING ITEM # 37114 PLANNING The following spoke in SUPPORT of the application: Attorney R. J. Nutter, II, 4425 Corporation Lane #300, Phone: 671-6000, represented the applicant and requested DEFERRAL for thirty days in order to meet with Cypress Point Civic League. Mr. Nutter distributed a portfolio showing a depiction of the proposed site, existing facilities, and letters of recommendation. Said information is hereby made a part of the record. David W. Gatling, President - Allsafe Self-Storage, 428 North Battlefield Boulevard, Chesapeake, Phone: 547-4415, represented the applicant Patti Whitehurst, 425 Battlefield Boulevard, an adjacent resident of the facility ~ location in Chesapeake. The following spoke in OPPOSITION to the DEFERRAL and the application: Richard Moutric, 5400 Heatherwood Circle, Phone: 490-3179 Commander Lissa K Mehallick, 1116 Fallbrook Bend, Phone: 552-0400, represented the Cypress Point North residents and presented petitions in OPPOSITION, which are hereby made a part of the record. Susan Howell, 5308 Meadowside Drive, Phone: 671- 7185, represented self and neighbors Teri Rigen 5413 VIrginia Tech Court, Phone: 499-9505 Gary M. Chittum, 5339 Meadowside Drive, Phone: 490-3645, represented self and neighbors, distributed a visual aid showing location of other storage facilities within the vicinity. Said information is hereby made a part of the record. Mona Elliott, 5407 VIrginia Tech Court, Phone: 499-8257, represented Wesleyan Pines Richard Pidgeon, 1084 Meadow Grove Trail, Phone: 473-0037, represented self and family Anne Marino, 5400 VIrginia Tech Court, Phone: 473-1069, distributed list of selling price of homes on VIrginia Tech Court. Said list is hereby made a part of the record. Mileegros Liecould, 1101 Fallbrook Bend, Phone: 671-1248 Manuel Prazeres, 5340 Meadowside Drive, Phone: 473-8940 Dr. James G. Case, 5404 Heatherwood Circle, Phone: 499-3562 Robert Marino, 5400 VIrginia Tech Court, presented petitions in OPPOSITION. Said petitions are hereby made a part of the record. VIcente T. Ruffy, Jr., 5345 Hickory Ridge, Phone: 499- 9021 Lieutenant Commander Larry Arcement, 1088 Heatherwood Drive, Phone: 456-0573, represented the Cypress Point North Neighbors Jean Wendt, 5401 VIrginia Tech Court, Phone: 671- 7307, represented Wesleyan Pines, presented petitions in OPPOSITION, which are hereby made a part of the record. Terry Wendt, 5401 VIrginia Tech Court, Phone: 671- 7301, represented Wesleyan Pines Ronald Graham, 5344 Hickory Ridge, Phone: 499-9991 Peggy Ricks, 1113 Fallbrook Bend, Phone: 497-5963, represented Cypress Point North August 10, 1993 - .-... - 34 - Ill=K1&. PUBUC HEARING ITEM # 37115 PLANNING Upon motion by Councilman Jones, seconded by Councilman Baum, City Council DENIED AN Ordinance upon application of ALLSAFE SELF STORAGE for a Conditional Use Permit. ORDINANCE UPON APPLICATION OF ALLSAFE SELF STORAGE FOR A CONDITIONAL USE PERMIT FOR A SELF STORAGE FACILIIY (MINI- WAREHOUSES) Ordinance upon application of AUsafe Self Storage for a Conditional Use Permit for a self storage facility (mini-warehouses) on certain proeprty located on the north side of Fallbrook Bend beginning at a point 187.50 feet east of Diamond Springs Road. Said parcel contains 2.839 acres. BAYSIDE BOROUGH. Voting: 10-0 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, Mayor Meyera E. Oberndorf, Nancy K Parker and Vzce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 10, 1993 - 35- /ll.=:KJ4. PUBUC HEARING ITEM # 37116 PLANNING Tuck Bowie, 1709 Oxen Court, Phone: 481-2741, represented the applicant The following spoke in OPPOSITION: Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 Bea CoBell, 2528 Hunting Horn Way, Phone: 468-6564, represented the Courthouse/Sandbridge Coalition. Upon motion by Councilman Dean, seconded by Councilman Branch, City Council DEFERRED until the City Council Session of August 24, 1993, Ordinances upon application of FERRELL PARKWAY ASSOCIATES, INC. for a Reconsideration of Proffers (Approved April 24, 1989), a Conditional Change of Zoning District Classification and a Conditional Use Permit. RECONSIDERATION OF PROFFERS on certain property located at the northwest corner of Ferrell Parkway and General Booth Boulevard, zoned 0-2 Office District. The Comprehensive Plan recommends use of this parcel for office use in accordance with other Plan policies. Said parcel contains 15.7 acres. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF FERRELL PARKWAY ASSOCIATEs, INC. FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM CONDITIONAL 0-2 TO B-2 Ordinance upon application of Ferrell Parkway Associates, Inc. for a Conditional Change of Zoning District Classification from Conditional 0- 2 Office District to Conditional B-2 Community Business District on certain property located on the north side of Ferrell Parkway, 700 feet more or less west of General Booth Boulevard. The proposed zoning classification change to B-2 is for community-wide business land use. The Comprehensive Plan recommends use of this parcel for office use in accordance with other Plan policies. Said parcel contains 2 acres. PRINCESS ANNE BOROUGH AND, ORDINANCE UPON APPLICATION OF FERRELL PARKWAY ASSOCIATEs, INC. FOR A CONDITIONAL USE PERMIT FOR AN INDOOR RECREATIONAL FACILI1Y (SKATING RINK) Ordinance upon application of Ferrell Parkway Associates, Inc. for a Conditional Use Permit for an indoor recreational facility (skating rink) on certain property located on the north side of Ferrell Parkway, 700 feet more ore less west of General Booth Boulevard. Said parcel contains 2 acres. PRINCESS ANNE BOROUGH. August 10, 1993 - 36 - IlHUt- PUBUC HEARING ITEM # 37116 (Continued) PLANNING City Staff shall bring forward cost figures concerning the entrance and all buildings shall be no higher than 35 feet. Voting: 10-0 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, Mayor Meyera E. Oberndorf, Nancy K Parker and Vzce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 10, 1993 - 37- ~ PUBliC HEARING ITEM # 37117 PLANNING Lieutenant Commander Bryan P. Murphy, represented NAS Oceana and expressed concerns. The AICUZ guidelines recommend the developer incorporate measures to achieve outdoor to indoor Noise Level Reduction of 25 db. The Navy seeks a 150.foot height restriction on construction within the Inner Horizontal Surface, defined as that area surrounding an airfield. Letter of August 9, 1993 from Captain J. W. Craine, Jr., Commanding Officer, is hereby made a part of the record. Upon motion by Councilman Dean, seconded by Councilman Clyburn, City Council DEFERRED INDEFINITEL Y Ordinances upon application of LAKE RIDGE ASS DCIA TES for Conditional Change of Zoning District Classifications and a Conditional Use Permit: ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO H-l Ordinance upon application of Lake Ridge Associates for a Conditional Change of Zoning District Classification from B-2 Community Business District to H -1 Hotel District on certain property located 350 feet southwest of Princess Anne Road beginning at a point 4600 feet more or less southeast of Landstown Road. The proposed zoning classification change to H -1 Hotel District is for hotel land use. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance with the policies of Transition Area 1. Said parcel contains 15 acres. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO P-l Ordinance upon application of Lake Ridge Associates for a Conditional Change of Zoning District Classification from B-2 Community Business District to P-l Preservation District on the following parcels: Parcell: Beginning at a point 4150 feet more or less northeast of the intersection of Landstown Road and Salem Road. Parcel 2: Beginning at a point 5100 feet more or less northeast of the intersection of Landstown Road and Salem Road. parcel 3: Beginning at a point 5700 feet more or less southeast of the intersection of Landstown Road and Princess Anne Road. parcel 4: Beginning at a point 6050 feet more or less southeast of the intersection of Landstown Road and Princess Anne Road. Parcel 5: Beginning at a point 6600 feet more or less southeast of the intersection of Landstown Road and Princess Anne Road. The proposed zoning classification change of P-l Preservation District is for preservation land use. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance with the policies of Transition Area I Said parcels contain 32.4 acres. PRINCESS ANNE BOROUGH. August 10, 1993 ~ - 38 - PUBliC HEARING ITEM # 37117 (Continued) PLANNING ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 to 0-2 Ordinance upon application of Lake Ridge Associates for a Conditional Change of Zoning District Classification from B-2 Community Business District to 0- 2 Office District on the following parcels' ~: Located on the northeast side of Princess Anne Road beginning at a point 4500 feet more or less southeast of the intersection of Princess Anne Road and Landstown Road Extended. ~: Located at 4500 feet more or less southeast of Landstown Road extended beginning at a point 350 feet southeast of Princess Anne Road. parcel 3: Beginning at a point 3410 feet more or less northwest of the intersection of North Landing Road and West Neck Road The proposed zoning classification change to 0- 2 Office Dzstrict is for office land use. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance with the policies of Transition Area /. Said parcels contain 41.3 acres. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO R-10 Ordinance upon application of Lake Ridge Associates for a Conditional Change of Zoning District Classification from B-2 to R -1 0 Residential District on the following parcels: ~: Beginning at a point 4400 feet more or less northeast of the intersection of Landstown Road and Salem Road. Parcel 2: Beginning at a point 4910 feet more or less southeast of the intersection of Landstown Road and Princess Anne Road. The proposed zoning classification change to R -1 0 Residential district is for single-family residential land use at a density no greater than 3 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance with the policies for Transition Area I. Said parcels contain 68.1 acres. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM H-1 TO 0-2 Ordinance upon application of a Conditional Change of Zoning District Classification from H -1 Hotel District to 0-2 Office District on certain property located 4120 feet more or less southeast of the intersectiOn of Princess Anne Road and Landstown Road. The proposed zoning classification change of 0-2 Office is for office land use. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance with the policies of Transition Area /. Said parcel contains 9.8 acres. PRINCESS ANNE BOROUGH August 10, 1993 lll=.KL&. - 39- PUBliC HEARING ITEM # 37117 (Continued) PLANNING ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM H -1 TO R -10 Ordinance upon application of Lake Ridge Associates for a Conditional Change of Zoning District Classification from H -1 Hotel District to R- 10 Residential District on certain property located 4900 feet more or less southeast of the intersection of Landstown Road and Princess Anne Road. The proposed zoning classification change to R -10 Residential District is for single family residential land use at a density no greater than 3 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance with the policies for Transition Area l. Said parcel contains 5.2 acres. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-2 TO B-2 Ordinance upon application of Lake Ridge Associates for a Conditional Change of Zoning District Classification from 0- 2 Office District to B-2 Community Business District on the following parcels: ~: Beginning at a point 1100 feet more or less southwest of the intersection of Landstown Road and Princess Anne Road. ~: Beginning at a point 2700 feet more or less northwest of the intersection of North Landing Road and West Neck Road. The proposed zoning classification change to B-2 Community Business District is for commercial land use. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance with the policies of Transition Area l. Said parcels contain 167 acres. PRINCESS ANNE BOROUGH. August 10, 1993 ~ - 40- PUBLIC HEARING ITEM # 37117 (Continued) PLANNING ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-2 TO P-1 Ordinance upon application of Lake Ridge Associates for a Conditional Change of Zoning District Classification from 0-2 Office District to P-1 Preservation District on the following parcels: Parcel 1: Beginning at a point 3350 feet more or less southeast of the intersection of Landstown Road and Princess Anne Road. ~: Beginning at a point 4300 feet more or less south of the intersection of Landstown Road and Princess Anne Road. Parcel 3: Beginning at a point 3210 feet more or less south of the intersection of Landstown Road and Princess Anne Road. Parcel 4: Beginning at a point 3750 feet more or less northeast of the intersection of Landstown Road and Salem Road. parcel 5: Beginning at a point 4950 feet more or less southeast of the intersection of Landstown Road and Princess Anne Road. Parcel 6: Begmning at a point 5500 feet northeast of the intersection of North landing Road and West Neck Road. The proposed zoning classification change to P -1 Preservation District is for preservation land use. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance with the policies of Transition Area /. Said parcels contain 90 acres. PRINCESS ANNE BOROUGH. AN D, ORDINANCES UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-2 TO R-10 Ordinance upon application of Lake Ridge Associates for a Conditional Change of District Classification from 0-2 office District to R-10 Residential District on the following parcels: parcel L: Beginning at a point 4500 feet more or less north of the intersection of Landstown Road and Salem Road. parcel 2:Beginning at a point 2650 feet more or less southeast of the intersection of Landstown Road and Princess Anne Road. parcel 3: Beginning at a point 3500 feet more or less southwest of the intersection of Landstown Road and Princess Anne Road. parcel 4: Beginning at a point 3300 feet more or less southwest of the intersection of Landstown Road and Princess Anne Road. parcel 5: Beginning at a point 3200 feet more or less southwest of the intersection of Landstown Road and Princess Anne Road. parcel 6: Beginning at a point 3900 feet more or less northeast of the intersection of Landstown Road and Salem Road. Parcel 7: Beginning at a pOint 3450 feet more or less northeast of the intersection of Landstown Road and Salem Road. Parcel 8: Beginning at a point 4930 feet more or less south of the intersection of Landstown Road and Princess Anne Road Parcel 9: Beginning at a point 5100 feet more or less northwest of the intersection of North Landing Road and West Neck Road. The proposed zoning classification change to R -1 0 Residential District is for single family residential land use at a density no greater than 3 dwelling units per acre. The Comprehensive plan recommends use of this parcel for agricultural land use or uses in accordance with the policies' of Transition Area I. Said parcels contain 125.9 acres. PRINCESS ANNE BOROUGH. August 10, 1993 ~ - 41 - PUBUC HEARING ITEM # 37117 (Continued) PLANNING ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM P-1 TO 0-2 Ordinance upon application of Lake Ridge Associates for a Conditional Change of Zoning District Classification from P-1 Preservation District to 0-2 Office District on the following parcels: parcell: Beginning at a point 3100 feet more or less northeast of the intersection of Landstown Road and Salem Road. Parcel 2: Located on the east side of Landstown Road beginning at a point 2950 feet southeast of the intersection of Landstown Road and Princess Anne Road. The proposed zoning classification change of 0-2 Office District IS for office land use. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance with the policIes of Transition Area I. Said parcels contain 47.1 acres. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM P-1 TO R-10 Ordinance upon application of Lake Ridge Associates for a Conditional Change of Zoning D,strict Classification from P-1 Preservation District to R-10 Residential District on the following parcels: Parcel 1: Beginning at a point 3950 feet more or less northeast of the intersection of Landstown Road and Salem Road. ~: Beginning at a point 3200 feet more or less northeast of the intersection of Landstown Road and Salem Road. ~: Beginning at a point 2300 feet more or less northeast of the intersection of Landstown Road and Salem Road. The proposed zoning classification change to R -10 Residential District is for single family residential land use at a density no greater than 3 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance wIth the policies for Transition Area /. Said parcels contain 61 9 acres PRINCESS ANNE BOROUGH. ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-10 TO 0-2 Ordinance upon application of Lake Ridge Associates for a Conditional Change of Zoning District Classification from R -1 0 Residential District to 0-2 Office District on the following parcels: parcell: Beginning at a pOint 2200 feet more or less northwest of the intersection of Landstown Road and Salem Road. parcel 2: Beginning at a point 2650 feet more or less northeast of the intersection of Landstown Road and Salem Road. Parcel 3: Beginning at a point 3770 feet more or less northeast of the intersection of Landstown Road and Salem Road. The proposed zoning classification change to 0-2 Office District is for office land use. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance with the policies of Transition Area /. Said parcels contain 10 7 acres. PRINCESS ANNE BOROUGH. August 10, 1993 - 42 - ~ PUBUC HEARING ITEM # 37117 (Continued) PLANNING ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-10 TO P-1 Ordinance upon application of Lake Ridge Associates for a Conditional Change of Zoning District Classification from R -10 Residential District to P-1 Preservation District on the following parcels: Parcel 1.: Beginning at a point 4500 feet northeast of the intersection of Landstown Road and Salem Road. ~: Beginning at a point 3300 feet more or less southwest of the intersection of Landstown Road and Princess Anne Road. The proposed zoning classification change to P-1 Preservation District is for preservation land use. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance with the policies of Transition Area I. Sazd parcels contain 20.2 acres. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR A GOLF COURSE ON CERTAIN PARCELS Ordinance upon application of Lake Ridge Associates for a Conditional Use Permit for a golf course on certain parcels beginning at a point 5450 feet more or less northwest of the intersection of North Landing Road and West Neck Road. Said parcel contains 170.7 acres. PRINCESS ANNE BOROUGH. Voting: 10-0 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, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 10, 1993 - 43 - ~ APPOINTMENTS ITEM # 37118 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: CITY OF VIRGINIA BEACH TOWING ADVISORY BOARD President, Beach Wrecker Association, or Assigns President, Council of Civic Organizations, or Assigns 1 Year Terms 8/10/93 - 7/31/94 President, Resort Leadership Council, or Assigns Robert L. Reclding Jacob Thompson 2 Year Terms 8/10/93 - 7/31/95 Captain T. V. Irving Dale Stahl Carol Shradder 3 Year Terms 8/10/93 - 7/31/96 Voting: 10-0 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, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 10, 1993 - 44- /ll.=LZ. APPOINTMENTS ITEM # 37119 Upon NOMINATION by nee Mayor Sessoms, City Council REAPPOINTED: WETLANDS BOARD Captain C. H. Dorchester 5-Year Term 10/1/93 - 9/30/98 Voting: 10-0 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, Mayor Meyera E. Oberndorf, Nancy K Parker and nee Mayor William D Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 10, 1993 - 45- ~ APPOINTMENTS ITEM # 37120 Upon NOMINATION by nce Mayor Sessoms, City Council APPOINTED: WETLANDS BOARD Edward A. Barco 5-Year Term 10/1/93 - 9/30/98 Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, Ill, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor Wzlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 10, 1993 ..... - 46- ~ APPOINTMENTS ITEM # 37121 A NOMINATION was made by VIce Mayor Sessoms to APPOINT Mike Milanovich to the WETLANDS BOARD. A NOMINATION was made by Councilman Dean to APPOINT Mary M. Heinricht to the WETLANDS BOARD. Council Members Voting for Mike Milanovich: John A. Baum, Linwood O. Branch, III, James W Brazier, Jr., Robert W. Clyburn, Louis R Jones, Paul J. Lanteigne, and VIce Mayor Wzlliam D. Sessoms, Jr. Council Members Voting for Mary M. Heinricht: Robert K Dean, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Absent: John D. Moss City Council APPOINTED: WETLANDS BOARD Mike Milanovich 5- Year Term 10/1/93 - 9/30/98 August 10, 1993 - 47- lll.=.L2. APPOINTMENTS ITEM # 37122 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: COMMUNITY CORRECTIONS RESOURCE BOARD James H. Skinner 2-Year Term Plus 8/10/93 - 8/31/95 Voting: 10-0 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, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 10, 1993 - 48- ~ APPOINTMENTS ITEM # 37123 Upon NOMINATION by VIce Mayor Sessoms, City Council REAPPOINTED: DEVELOPMENT AUTHORITY w. Brantley Basnight III Robin Ray 4- Year Term 9/1/93 - 8/31/97 Voting: 10-0 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, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 10, 1993 - 49- Ill.=hLL. UNFINISHED BUSINESS ITEM # 37123 REAPPORTIONMENT CONCEPTS Maurice B. Jackson, 1125 Ditchley Road, Phone: 428-1470, represented the Council of Civic Organizations. Mr. Jackson advised the districts in the CCO Plan has been revised to maintain compactness and contiguity and maximize minority representation. The CCO believes this is a balanced plan. Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, advised there are no residency requirements related to becoming a Member of City Council. Lou Pace suggested a completely at-large system with elections every four years. E. George Minns, Post Office Box 4548, represented the VIrginia Beach NAACP, and expressed the need for minority representation and concern relative the proposed NAA CP Plan, which has not been included. Attorney Bernard T. Holmes, 1429 Lake James Drive, Phone: 420-3925, expressed concern relative the proposed NAA CP Reapportionment Plan and requested the reason for exclusion. Attorney Holmes referenced cumulative voting schemes to satisfy the goals of the City Council and deal with the realistic concerns of the minority voting community. BY CONSENSUS, the City Council requested the City Attorney SCHEDULE Ordinances re MODIFIED 7-4 Plan and 7 District - 4 At-Large Plan (CCO/MAYOR'S COMMITTEE ON REAPPORTIONMENT) for the City Council Session of August 24, 1993. The MODIFIED 7-4 Plan will split the Kempsville Borough. This split should be sensitive to maximizing minority representation and will combine the Pungo and Blackwater Boroughs. The Plan should also be re-examined to determine if the lines of the combined Pungo/Blackwater Borough should be moved to encompass some of the Green Line areas. The 7 District - 4 At-Large Plan will allow for seven equally populated districts. This plan originally came from the Mayor's Committee on Reapportionment. Campaigning in single member districts is less expensive. It combines an At-Large Election System with a Single Member District. Election Data Services will assist in drawing the lines for the Boroughs. August 10, 1993 - 50- ~ ADJOURNMENT ITEM # 37124 Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED at 7:35 P.M. Q~--_CZÞ~---- Beverly O. Hooks, CMC Chief Deputy City Clerk -~W:.,l~~------ Ruth Hodges Smith, CMC/AAE City Clerk ------------------------ Meyera E. Oberndorf Mayor City of Virginia Beach VIrginia August 10, 1993