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Home My WebLink AboutNOVEMBER 26, 2002 MINUTES City of Virginia Beach "COMMUNITY FOR A LIFETIME" MAYOR MEYERA E. OBERNDORr~ At-La,g, VICE MAYOR LOUIS R. JONES. Bay,;de -D;,~;ct4 MARGARET L EURE. C'"t,~;U, - o;,t,;ct I CITY COUNCIL CITY COUNCIL AGENDA ern HALf. BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH. ViRGINIA 23456-8005 PHONE.- (757) 427-4303 FAX (757) 426-5669 E MAIL.'Üycncl@vbgov.com JAMhS I W()()[), l,yonha,," -[);M"ct 5 JAMliSK UiSf.lliL IilI7H H()J"iliSSMf1H. MMC, City Cia' November 26, 2002 I. CITY COUNCIL'S BRIEFING - Conference Room- 2:00 PM A. BEACH MANAGEMENT PLAN Thomas Fraim, Chair, Beaches and Waterways Advisory Commission II. CITY MANAGER'S BRIEFINGS A. CAPE HENRY NATIONAL PARK PROPOSAL Mac Rawls and James Babcock, 2007 Subcommittee B. L YNNHA VEN WATERSHED MANAGEMENT PLAN Clay Bernick, Environmental Management C. CIRCUIT COURT CLERK'S OFFICE STATE FUNDING REDUCTIONS J. Curtis Fruit, Clerk III. REVIEW OF AGENDA ITEMS IV. CITY COUNCIL COMMENTS VI. INFORMAL SESSION - Conference Room- 4:00PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL c. RECESS TO CLOSED SESSION VII. FORMAL SESSION - Conncil Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: c. Father Dwight Shroder Saint John The Apostle Catholic Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES I. 2. G. INFORMAL AND FORMAL SESSIONS SPECIAL FORMAL and CLOSED SESSIONS November 12,2002 November 19, 2002 AGENDA FOR FORMAL SESSION PUBLIC HEARINGS I. AGRICULTURAL RESERVE PROGRAM (ARP) H. I. a. 34.93 acres - Indian River and Muddy Creek Road 2. LOCAL VEHICLE REGISTRATION ORDINANCES I. Ordinance to AMEND §6-31 of the City Code re prohibition of shark fishing and "chumming" within the City limits and the marginal adjacent ocean or bay within 500 yards of the mean low water line. 2. Ordinances re license decals and registration of vehicles: a. AMEND §§ 21-71 through 21-75, §§21-75.1, 21-76, 21-79, 21-85, and 21-85 of the City Code re elimination of Decals and establishing a requirement for permanent state registration of vehicles b. TRANSFER $300,000 from the City Treasurer to the Finance Department to fund the Local Vehicle Registration process through DMV 3. Ordinance to AUTHORIZE the acquisition of Agricultural Reserve Preservation (ARP) easements from John G. Cromwell, Sr. Trust and Richard Neubert of34.93 acres more or less for $352,793 (Insta11ment Agreement No. 2002-51) and issuance of contract obligations 4. Ordinance to ACCEPT 0.605 acre of property from Chesapeake Land Development, LLC located at Lynnhaven Parkway and Riverbend Road. 5. Ordinance APPROPRIATE $75,000 from the General Fund balance to provide an interest-free loan to the Chesapeake Beach Volunteer Rescue Squad to purchase an ambulance and squad trucks. MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 26 November 2002 Mayor Meyera E. Oberndorf called to order the CITY COUNCIL'8 BRIEFING re BEACH MANAGEMENT PLAN in the City Council Conference Room, City Hall Building, on Tuesday, November 26, 2002, at 2:00 P.M Council Members Present: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Richard A. Maddox [Family Vacation) Jim Reeve [Family Vacation) - 2- CEREMONIAL OATH TO VICE MAYOR ITEM # 50441 The Honorable 1. Curtis Fruit, Clerk of the Virginia Beach Circuit Court PRESIDED and administered the Oath of office to the newly elected: Vice Mayor Louis R. Jones Bayside - District 4 November 12, 2002 November 26, 2002 - 3- CITY COUNCIL BRIEFING BEACH MANAGEMENT PLAN ITEM # 50442 2:00 P.M. Thomas Fraim, Chair - Beaches and Waterways Advisory Commission, advised on May 23, 2000, the City Council, by ordinance, established the Beaches and Waterways Advisory Commission as the successor to the Erosion Commission. The purpose of the Commission is to serve in an advisory capacity to City Council with respect to Beach and Waterways issues. The inaugural meeting of the Beaches and Waterways Advisory Commission was held July 24,2002, in the City Council Conference Room at City Hall. On August 22, 2000, City Council formally referred the task of revising the Beach Management Plan to the Beaches and Waterways Advisory Commission. Mr. Fraim recognized the members of the Beaches and Waterways Advisory Commission: Judith L. Rosenblatt Vice Chair Lynnhaven Dan H. Brockwell Bayside Russell E. Brubaker At-Large William J. Brunke, IV Centerville Ira E. Copenhaver Rose Hall William A. Hearst At-Large G. Garland Payne Kempsville Thomas R.Pritchard At-Large Whitt G. Sessoms, III Beach S. Brady Viccellio At-Large The principal strategy used in arriving a the Beach Management Plan was to segment the City's coastline into eight (8) individual beach units and the two operating inlets. Each individual beach segment was analyzedfrom the position of its strengths, weaknesses, opportunities and needs. The inlets were analyzed with respect to their positive benefits and negative impacts on the beaches that abut them. Chesapeake Beach Significant beach ownership issues Restoration and replenishment needed Beach access at every street Good family beach November 26, 2002 - 4- CITY COUNCIL BRIEFING BEACH MANAGEMENT PLAN ITEM # 50442 (Continued) Recommendation: Beach ownership must be resolved. Because of the critical need for beach restoration to reduce storm damage, protect property and re-establish a healthy recreational resource, resolution of the beach ownership issue at Chesapeake Beach is the Beaches and Waterways Advisory Commission' highest priority recommendation. Baylake Beach Beach ownership issues Relative stable beach Limited impact to residents from visitor parking Goodfamily beach Recommendation: While the Beaches and Waterways Advisory Commission is sensitive and understanding to the neighborhood's claim of exclusive beach use rights. the highest priority recommendationjor Baylake Beach is to resolve this matter and cause this beach to be fully documented as a public beach resource. Within the last thirty (30) to sixty (60) days, the Civic League has recommended to the residents they move forward in making Bay Lake a public beach. Ocean Park Beach Beach areas are documented as public Beach replenishment program included in inlet dredging program New beach parking lot with a beach use facility and boat ramp Good family beach (bay beach) Recommendation: City Council endorse and formalize this beach as the primary recipient of dredged sand from L ynnhaven Inlet. A modest program of access and signage improvement be adopted in accordance with the new standards outlined in the overarching issues section of this plan. An ordinance should be adopted to regulate sail craft in the same manner as the North End beaches. Lynnhaven Inlet Vital City Asset Requires maintenance dredging every three to four years Important beach replenishment sand source Recommendation: A portion of the Lynnhaven Inlet maintenance dredging sand should be pumped directly to the public portion of Cape Hemy Beach. City beach management staff advised that the combined capacity of Ocean Park Beach and Cape Henry Beach could be sufficient to receive the sand generate by the inlet maintenance dredging program. November 26, 2002 - 5- CITY COUNCIL BRIEFING BEACH MANAGEMENT PLAN ITEM # 50442 (Continued) Cape Henry Beach Beach ownership issues Beach restoration and replacement needed Access points are spread throughout the area Limited impact to residents from visitor parking Good family beach Recommendation: Resolve beach title issues for the entire beach segment to structure an effective long-term program of beach nourishment and stewardship. StafJis currently preparing,for City Council consideration, proposed easement dedication agreements for five willing condominium residents, which willfill the gap and create a clearer public interest in over one-mile of the central area of the beach. North End Beach Beach areas are documented as public Stable beach with replenishment program in place Excellent beach access Recommendations: The leased parking lot at Fort Story be reviewed fiJr opportunities to create a year- round facility, perhaps through acquisition of the parcel by the City. Inquiries are recommended re the Navy Beach Club property, seeking a First Right of Refusal or option on the property for the creation of a City public beach use facility, should the Navy ever choose to dispose of the property. Resort Beach Most beach areas are clearly documented as public World class boardwalk and beach Excellent access and ample parking Best access to public transportation Permanent public restroom facilities Recommendation: Since a program of beach replenishment is in place and another body, the Resort Advisory Commission, has been organized to address access and usability issues, there are no immediate recommendations for the Resort beach other than modifying and improving the signage. Rudee Inlet Vital City Asset Requires continued maintenance dredging Important component of beach erosion control program Repair of aging infrastructure required November 26, 2002 - 6- CITY COUNCIL BRIEFING BEACH MANAGEMENT PLAN ITEM # 50442 (Continued) Recommendation: The Commission supports the findings of the 2001 Rudee Inlet study. The aging inlet infrastructure should be immediately repaired to minimize the effects of the inlet on Croatan Beach and to assure proper maintenance dredging. The south structures, the weir and its inshore jetty should be fixed first. The iniet dredgingprogram should continue its evoiution and particular attention should be paid to dredging enough material from the sand trap to mimic the sand movingforces of nature and maintain the up and down drift beaches. There should be additional study of the effect of the spur on local sUijing conditions and, if negative impacts are anticipated, the spur not be built. Croatan Beach Beach areas are documented as public Healthy and stable recreational beach Good access - five public acceSS points 300 space parking lot with facilities Family beach with lifeguards at surfing areas Locking bike rack at each access point Recommendation: The localized erosion in the northern portion of the beach has an effect on both the storm protective characteristics on the beach and dune system as well as the recreational use of the beach. The top priority for Croatan Beach is to effect repairs to the aging Rude Inletjetty system. To minimize the impacts of public beach use on the densely developed neighborhood, the use of centralized parking lots (hubs) is recommended. Sandbridge Beach Beach areas are documented as public Funding in place (Special Service District) (SSD) for ongoing replenishment program Excellent access Permanent public restroom facilities Recommendation: A public interest in the beach for the remaining II properties should befinally resolved. The City Council should continue to support efforts to secure federal funding for this program of beach restoration and nourishment. The Special Service District and Tax Increment Financing remain in place as the primary source of local funding for this program. Mr. Fraim cited the Overarching Issues: Resolution of Beach ownership Adoption of a comprehensive beach restoration and replenishment program Establishment of equitable and sensible funding mechanisms Broadened beach maintenance activities Beach access improvements Signage enhancements Increased parking Definition of recreational use programs Creation of additional beach-use facilities November 26, 2002 - 8- CITY MANAGER'S BRIEFING CAPE HENRY NATIONAL PARK PROPOSAL ITEM # 50443 2:38 P.M. Mac Rawls, Chair - Virginia Beach 2007 Planing Committee, advised in May the City Council appointed a Steering Committee for the celebration of the City's 40fY' Anniversary. There will be a re-enactment at Cape Henry which will commemorate the very important landing of the first colonists on April 26, 1607. James B. Babcock - Chairman, Cape Henry Subcommittee, presented information, relative the creation of a national park in Cape Henry. Cape Henry Subcommittee James B. Babcock Chair Mac Rawls Chair Virginia Beach 2007 Planing Committee Lieutenant Colonel Edward C Gully Commandant - Fort Story Council Lady Rosemary Wilson Association of the Preservation of Virginia Antiquities Fred Hazelwood District Director First Landing State Park Roy Allan Dudley President Order of Cape Henry 2007 Richard Cobb President Alliance Francaise, Chapitre deGrasse Owen B. Pickett Former Congressman Robert M. Stanton Local Businessman Jerry McDonnell Local Businessman Mr. Babcock advised Cape Henry is the northeast corner of Virginia Beach. The Cape Henry Lighthouse, built in /792 and still open to the public, was the first public works project of the first Continental Congress under President George Washington. Nearby stands the successor lighthouse built in /881 and operated by the Coast Guard. An adjacent tower, manned by the Virginia Pilots Association, monitors vessel traffic visiting the ports of Hampton Roads. These structures lie within Fort Story, the Army's historic coastal defense installation and modern logistical training facility. Fort Story itself is surrounded by Virginia '.I' First Landing State Park, where visitors and campers can appreciate the unique ecology of Cape Henry. Despite the appeal of the Cape Henry areafor tourism, the appearance andfacilities at the site within Fort Story have not been brought up to the standard set by those at Yorktown and Jamestown. Although some $/ OO-MILLION has been authorized for improvement of the Jamestown facilities in time for the 400" Anniversary celebrations, no similar plan or funding has been made available for upgrading the Cape Henry tourist site. The 2007 Anniversary, where national and international visitors will pour into Virginia, provides amplejustification for implementing a vision for bringing the improvements at Cape Henry into line with the area's historic significance November 26, 2002 - 9- CITY MANAGER'S BRIEFING CAPE HENRY NATIONAL PARK PROPOSAL ITEM # 50443 (Continued) The request will be made to Senator Warner relative the authorization of Congress to fund the preparation for a master plan to upgrade and integrate all the tourist attractions at Fort Story into a Cape Henry Park and Visitor Center, with suitable exhibits in time for the 2007 Anniversary. The area would be marked with gates and trees. Telephone poles would be eliminated and wiring put underground. With flag poles, plantings, colonial fencing, ponds, uniform pavements, signage and paths to the dunes, a park-like setting would be designedfor the lighthouses and Visitor Center Because the site is of national significance and also because most of the properties at Cape Henry are controlled by federal agencies: Army, Coast Guard and National Park Service, the Federal Government should take the lead in creating the interagency team of planning and funding the improvements Participation of interested federal, state and local entities in the planning should be encouraged. Resolution re supportfor formation of CAPE HENRY NATIONAL PARK and VISITOR CENTER shall be scheduledfor the City Council Session (if December 3, 2002. November 26, 2002 -10 - CITY MANAGER'S BRIEFING L YNNHA VEN WATERSHED MANA GEMENT PLAN 3:00 P.M. ITEM # 50444 Clay Bernick, Environmental Management, initiated a quiz relative the Lynnhaven Watershed. There are 225 miles of shoreline The Lynnhaven Inlet was made by Adam Keeling digging a ditch, which was enlarged by a Category IV Hurricane The southernmost point in the Lynnhaven Watershed is Dam Neck Road at London Bridge Road There are 1,600 storm water outfalls in the Lynnhaven Watershed Thirty (30) percent of the Lynnhaven Watershed is impervious (covered by roofs, roads, sidewalks or other hard surfaæ\) The Lynnhaven Watershed is eighty (80) square miles There are 200,000 people residing within the Watershed What are the Issues? . Sedimentation . Low dissolved oxygen levels Fecal and toxics contamination . Dredging and dredged material disposal . Need for better public education . Declines in natural habitat areas (riparian areas, wetlands, reefs and shallows) i Wh at is th e Goal? - Clean Water for Recreation, Fishing, Wildlife - Improved Navigation - Restore Oysters - Restore Sea Grasses - Protect Views and Natural Scenery - Provide Good Drainage - Maintain High Property Values :'x¡.- ( A Watershed Management Plan is the "How To" Manual to implement the Strategy. The short term actions (12-18 months) would entail: Institutional Structure 'Community Watershed Organization Stormwater Management Strategy Oyster Heritage Strategy Riparian Shorelines Strategy Comprehensive Plan Update November 26, 2002 -ll - CITY MANA GER'S BRIEFING LYNNHA VEN WATERSHED MANAGEMENT PLAN ITEM # 50444 (Continued) 'The Lynnhaven Watershed meeting has been scheduledfor December 12, 2002, 8:30 A.M. to 12:00 Noon at Westminster Canterbury - Penthouse Conference Room, 3100 Shore Drive. This meeting will be attended also by federal, state and local officials re a discussion of the Lynnhaven River, its Watershed and related opportunities. Relative the long term actions (18-60 months): Corps Environmental Restoration study Dredging Strategy Storm water Management Strategy implementation Water Use Conflict Management Strategy Education Implementation Strategy Demonstration Projects Timeline . December 2002 - Community Watershed Organization Kickoff . April 2003 - State Agencies Role Redefined - Complete Short Term Action Plan . Spring 2007 - Complete Corps Study The requestedfunding in the House of Representatives is $500,000. The Senate, at the present time, does not have any funding in the Budget. Robert Matthias, Assistant to the City Manager, is coordinating with the General Assembly to hopefully remedy this situation. The initial estimate by Colonel Hanson, Us. Army Corps of Engineers, relative the Lynnhaven Watershed Study, were approximately $2-MlLLION, with 50% local and 50% federal funding. This has increased approximately three to four times. November 26, 2002 ~ 12 - CITY MANAGER'S BRIEFING CIRCUIT COURT CLERK'S OFFICE STATE FUNDING REDUCTIONS 3:35 P.M. ITEM # 50446 1. Curtis Fruit, Clerk of the Circuit Court, advised economic problems at the state level, have resulted in budget reductions for all Constitutional agencies, including his office. He has been notified he must trim $173,793 from his budgetfor the currentfiscal year. From a total state budget of$I,682,347, all but $17,271 (office expenses) is in salaries. The oj]ìce expense portion of this is usually used to payfor postage and come copy machine costs. The result is that he is now looking at losingfifteen (15) employees to immediate layoff The Clerk's office is already understaffed and will simply not be able to do assigned tasks in a timely manner. Mr. Fruit requested the City step forward and make up the difference. All of the services provided by the Circuit Court arefor Virginia Beach citizens. Mr. Fruit referenced Virginia Code ,§17.1-288, which states that 100% of the fees collected by the Clerk would be returned to the locality and that the locality in turn, would then be re.\ponsible for the salaries and expense of the Clerk '.I' Office. Mr. Fruit requested the City have one or more members of the General Assembly submit a Bill amending this section by adding the name "Virginia Beach" to those localities currently authorized. Almost every act performed in the Circuit Court Clerk's office requires the payment ofafee. In an office the size of Virginia Beach, the amount of total fees collected is more than the amount expended for both salaries and office expenses. In his experience of more than 39 years, the Circuit Court has always collected more in fees than has been expended in salaries and expenses. During the periodfrom July 1 thru October 31, 2002, all the salaries were paid; and, in addition, have produced over and above those costs an excess of $984,596. If this rate continues, more than $4.6-MILLION for the year in total Clerks fees will have been produced. By code, excess fees are divided (two-thirds to the locality and one-third to the State). The City staff has advised the income from excess fees has been taken into account and allocated to other budgeted City agencies. Jfthe City allows the Circuit Court replenishment of this State mandated cut, other City offices will have to suffer. Mr. Fruit requested the City allow the Circuit Court to retain $173,793 of the fees generated. Mr. Fruit referenced correspondence of November 25,2002, from the Honorable Thomas S Shadrick, Chief Judge - Second Judicial Circuit, requesting assistance to the Circuit Court Clerk's office budget. The Norfolk City Council last week acted favorably relative a similar request from their Circuit Court Clerk, making up a shortfall of$168,400. The City Council was polled and by a 6-2 consensus, City Council agreed to assist the Circuit Court through the end of the Calendar year with an appropriation of approximately $25,000:. Mayor Meyera E. Oberndorf Vice Mayor Louis R. Jones Margaret L. Eure Reba S McClanan Peter W. Schmidt Ron A. Villanueva Rosemary Wilson James L. Wood Yes Yes Yes No No Yes Yes Yes November 26, 2002 - 13- AGENDA RE VIE W SESSION 4:45 P.M. ITEM # 50447 I.1.0rdinances re license decals and registration of vehicles: a. AMEND §§ 21-71 through 21-75, lP/-75.1, 21-76, 21-79,21- 85, and 21-85 oj'the City Code re elimination of Decals and establishing a requirement for permanent state registration of vehicles b. TRANSFER $300,000from the City Treasurer to the Finance Department to fund the Local Vehicle Registration process through DMV The City Attorney distributed a Revised Ordinance. Lines 227-231 is a repetitive section and has been DELETED. ThÌS is simply a housekeeping measure. Council Lady McClanan will vote NA Y on this item. Council Lady McC/anan expressed concern relative "antique vehicles ". ITEM # 50448 [3. Ordinance to AUTHORIZE the acquisition of Agricultural Reserve Preservation (ARP) easements from John G. Cromwell, Sr. Trust and Richard Neubert oj'34.93 acres more or less jar $352, 793 (Installment Agreement No. 2002- 51) and issuance of contract oblìgations Council Members Eure and McClanan will vote NA Y on this item. ITEM # 50449 BY CONSENSUS. the following shall compose the CONSENT AGENDA: II. Ordinance to AMEND §6-31 of the City Codereprohibition of shark fishing and "chumming" within the City lìmits and the marginal adjacent ocean or bay within 500 yards oj'the mean low water line. [2. Ordinances re license decals and registration of vehicles: a. AMEND §§2l-71 through 21-75, §§21-75.1, 21-76,21-79, 21-85, and 21-85 of the City Code re elìmination of Decals and establishing a requirement for permanent state registration oj'vehicles b, TRANSFER $300,000 from the City Treasurer to the Finance Department to fund the Local Vehicle Registration process through DMV 1.3. Ordinance to AUTHORIZE the acquisition of AgYicultural Reserve Preservation (ARP) easements ¡rom John G, Cromwell, Sr, Trust and Richard Neubert of 34.93 acres more or lessfor $352,793 (Installment Agreement No. 2002- 51) and issuance of contract obligations November 26, 2002 -14 - AGENDA RE VIE W SESSION ITEM # 50449 (Continued) 1.4. Ordinance to ACCEPT 0.605 acre of property from Chesapeake LandDevelopment, LLC located at Lynnhaven Parkway and Riverbend Road. 1.5. Ordinance to APPROPRIATE $75,000 from the General Fund balance to provide an interest-free loan to the Che,.apeake Beach Volunteer Rescue Squad to purchase an ambulance and squad trucks. 1.6. Ordinance to APPROPRIATE $15,000 from the Francis Land House Trust Fund to the FY 2002-2003 Operating Budget of the Department of Museums and Cultural Arts to provide for events, exhibits and expenses at Francis Land House. 1.7. Ordinance to ACCEPT and APPROPRIATE a grant of $252,677 ¡rom the Federal Temporary Assistance For Needy Families (TANF) to the FY 2002-2003 Operating Budget of the Department of Social Services rejob retention and wage advancement service recipients. Council Lady McClanan will vote NA Y on Item L2a/b Council Members Eure and McClanan will vote NA Y on Item 1.3. November 26, 2002 -15 - AGENDA REVIE W SESSION ITEM # 50450 1.2. Application of EUCELL FACEN for a Conditional Use Permit re operation of auto storage for 30 vehicles and a towingfacility with two tow trucks, on the southeast corner of Virginia Beach Boulevard and Shipps Lane (1345 Virginia Beach Boulevard) containing 17,640 squarefeet. (DISTRICT 6.- BEACH) Mayor Oberndorf expressed concern as this application abuts a neighborhood and advised the Planning Commission recommends APPROVAL; however, the staffrecommends DENIAL. Due to the absence of the Beach representative, this item shall be DEFERRED to December 10, 2002. ITEM # 50451 1.3. Application ofWAWA, INCfor a Conditional Use Permit re gasoline sales in conjunction with a convenience store on the north side of Virginia Beach Boulevard, west of North Lynnhaven Road (2954 Virginia Beach Boulevard) containing 2.871 acres. (DISTRICT 5 - LYNNHA VEN) Assistant City Attorney Kay Wilson distributed an additional two (2) conditions Councilman Wood advised the Civic League representatives are in attendance and these conditions were requested by those representatives. 10. All fuel deliveries to the property shall utilize Virginia Beach Boulevard as the sole point of ingress and egress. I!. At the ingress/egress point to North Lynnhaven Road the applicant will post signs which indicate there will be NO LEFT TURNS from the site onto North Lynnhaven Road between the hours of 7:00 a.m. and 10:00 a.m. and 4:00p.m. and 6:00 p.m. Monday through Friday. Council Lady Eure inquired relative the use of outside speakers. Normally the City Council does not allow outside speakers. She asked that language shall be drafted relative controlling the outside speakers. ITEM # 50451 1.4. Application of KEMPSVlLLEICENTERVlLLE ASSOCIATES, LLC for a Conditional Use Permit re mini-warehouses and self storage with an office building and manager's residence on the south side of Kempsville Road and Centerville Turnpike containing 9.31 acres. (DISTRICT 1 - CENTERVILLE) Council Lady Eure expressed concern and requested INDEFINITE DEFERRAL. The Disclosure Statement is in error and she understands part of the plan is to be changed. ITEM # 50452 1.6. Application of SANTA FEfor a Conditional Use Permit to add 6,400 square feet to an existing automotive service center and four shade structures in the parking areas at Auto Nation (3700 Sentara Way) containing 11.7 acres. (DISTRICT 3 - ROSE HALL) Council Lady McClanan requested this item be DEFERRED until the City Council Session of January 7, 2003. She would like to visit the site and have more time for appropriate evaluation. November 26, 2002 -16 - AGENDA RE VIE W SESSION ITEM # 50453 1.7 Application ojAMERICANPARKINGSOLUTIONS, LTD. for a Conditional Use Permit re bulk storage of motor vehicles on the east side of Military Highway and Alexandria Lane (600 Block of S. Military Highway) containing 48 acres. (DISTRICT 2 - KEMPSVILLE) This item shall be DEFERRED INDEFINITELY. ITEM # 50454 1.9. Applications of WHITT G. SESSOMS at Virginia Beach Boulevard and Seabridge Road (949 Virginia Beach Boulevard) containing 4 acres. (DISTRICT 6 -. BEACH): a. Chanf!e o(Zoninf! District Classification from A-12 Apartment District to Conditional B-2 Community Business District b. Conditional Use Permit re automobile bulk storage yard Council Lady Wilson believes this application is for a temporary use until the Convention Center is constructed. Mayor Oberndorf and Council Lady Eure have concerns. Due to the absence of Councilman Maddox, this item was requested to be DEFERRED until the City Council Session of December 10, 2002. However, the item will be discussed during the Formal Session. ITEM # 50454 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: 1.1. Petition of DEMERTRlOUS KOULOUKIS for the discontinuance, closure and abandonment Admiral Wright Boulevard on the east side of Euclid Street, south of Virginia Beach Boulevard, containing 15,111 square feet. (DISTRICT 2 - KEMPSVILLE) 1.2. Application of EUCELL FACENfor a Conditional Use Permit re operation of auto storage for 30 vehicles and a towingfacility with two tow trucks, on the southeast corner of Virginia Beach Boulevard and Shipps Lane (1345 Virginia Beach Boulevard) containing 17,640 square feet. (DlSTR1CT6 - BEACH) 1.4. Application of KEMPSVILLEICENTERVILLE ASSOCIATES, LLc. for a Conditional Use Permit re mini-warehouses and self storage with an office building and manager's residence on the south side of Kempsville Road and Centerville Turnpike containing 9.31 acres. (DISTRICT 1 - CENTERVILLE) 1.5. Application of FIRST UNITED PENTECOSTAL CHURCH for a Conditional Use Permit re church on the southeast corner of Wesleyan Drive and Broad Meadows Boulevard (5393 Wesleyan Drive) containing 5.14 acres. (DISTRICT 4 - BAYSlDE) November 26, 2002 - 17- AGENDA RE VIE W SESSION ITEM # 50454 (Continued) 1.6. Application of SANTA FEfor a Conditional Use Permit to add 6,400 square feet to an existing automotive service center and four shade structures in the parking areas at Auto Nation (3700 Sentara Way) containing 11.7 acres. (DISTRICT 3 - ROSE HALL) 1. 7 Application of AMERICAN PARKING SOLUTIONS, LTD. for a Conditional Use Permit re bulk storage of motor vehicles on the east side of Military Highway and Alexandria Lane (600 Block of S. Military Highway) containing 48 acres. (DISTRICT 2 - KEMPSVILLE) J.8. ApplicationofSNUGHARBORDEVELOPMENT,LLCre Chanze of Zoninz District Classification from A-I8 Apartment District and B-2 Community Business District to A-12 Apartment District with a PD-H2 Planned Unit Development District Overlay and Shore Drive Overlay (SD) at Pleasure House Road and Powells Point Road (2432 Pleasure House Road and 4704 Powells Point Road) containing 2.529 acres. (DISTRICT 4 - BA YSIDE) Item J.2: DEFER, BY CONSENT, until the City Council Se,~sion of December 10, 2002. Item J.4:DEFER INDEFINITELY, BY CONSENT Item J.5: DEFER INDEFINITELY, BY CONSENT Item J.6: DEFER, BY CONSENT, until the City Council Session of January 7,2003 Item J.7: DEFER INDEFlNITEL Y, BY CONSENT November 26, 2002 - 18- CITY COUNCIL COMMENTS 4:35 P.M. ITEM # 50455 Council Lady Eure referenced Police Officer Johnson, who was involved in a duty related accident. His fellow Police officers offered their sick leave and this was rejected. The City Manager advised a Sick Leave Review Board, comprised offellow employees, yeview the requests for donations of sick leave of employees who are not members of the Sick Leave Bank. This particular officer was not a member of this sick leave bank. The Board made a decision and then reviewed this decision, making the same decision not to grant the request. The City has worked with the Police Officer through his attorney and accomplished the objective which he believes the Police Officer desires under the Virginia Retirement System. ITEM # 50456 Councilman Villanueva inquired relative the contingency plans as the Annual Holiday Parade on November 16, 2002, had been CANCELED. Mayor Oberndorf advised Priscilla Beede did not call off the parade, rather Beach Events did so due to the severe rain storms. Beach Events also decided not to reschedule. ITEM # 50457 Councilman Villanueva requested the City Manager prepare a progress report relative Thirty-first Street, similar to the Town Center. ITEM # 50458 Council Lady McClanan referenced Debbie Devine, Recycling Coordinator - Waste Management, Public Works, was recently employed by the Southeastern Public Service Authority (SPSA) effective January 1, 2003. Council Lady McClanan believes Ms. Devine has been instrumental in the success of recycling and suggested she be recognized for her dedication. The City Manager advised he will confer with Wade Kyle - Administrator Waste Management and advise his suggestions. ITEM # 50459 Council Lady McClanan referenced complaints relative the partially dismantled house ':iust a piece of a building" at the intersection of Holland and Dam Neck Roads. The City Manager shall investigate and report back to City Council. ITEM # 50460 Councilman Schmidt referenced the correspondence of the City Attorney relative proposed State Park firearms regulations. The Virginia Department of Conservation and Recreation has received two petitions seeking to initiate the process of amending the Department's existing regulation prohibiting the carrying of firearms in state parks. One of the petitions seeks the effective repeal of the existing regulations such that the open carrying of holstered or unholstered firearms in state parks would be allowed. The other petition seeks an amendment which would allow only holstered firearms be carried. The public comment period on these proposals runs through December 9, 2002. BY CONSENSUS, the City Council directed the City Attorney to prepare comments in opposition to these petitions. November 26, 2002 - 19- ITEM # 50461 Mayor Meyera E. Oberndorf, called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, November 26, 2002, at 5.15 P.M Council Members Present: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson, and James L. Wood Council Members Absent: Richard A. Maddox and Jim Reeve November 26, 2002 - 20- ITEM # 50462 Mayor Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public (Jfficers, appointees, or employees pursuant to Section 2.2-3711 (A) (1). ToWìt: Appointments: Boards and Commissions: Board of Building Code Appeals Board of Zoning Appeals Chesapeake Bay Preservation Area Board Community Policy and Management Team CSA - AT-RISK Francis Land House Board of Governors Hampton Roads Economic Development Alliance Minority Business Council Planning Commission Resort Advisory Commission PUBLICLY-HELD PROPERTY: Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly-held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of Property - Princess Anne District Virginia Beach District Lynnhaven District Upon motion by Council Lady Wilson, seconded by Vice Mayor Jones, City Council voted to proceed into CLOSED SESSION. Voting: 9-0 Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoif, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson. and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and Jim Reeve (5:15 P.M. - 6:00 P.M.) November 26, 2002 - 2i- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL November 26, 2002 6:00 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, November 26, 2002, at 6:00 PM. Council Members Present: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Richard A. Maddox [Family Vacation) Jim Reeve [Family Vacation) iNVOCATiON: Father Dwight Shrader Saint John The Apostle Catholic PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA November 26, 2002 - 22- Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 50463 Upon motion by Vice Mayor Jones, seconded by Council Lady Eure, City Council CERTIFIED THE CLOSED 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 Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting; 8-0 Council Members Voting Aye; Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay; None Council Members Absent: Richard A. Maddox and Richard A. Maddox November 26, 2002 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 50462, page 20, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-371 1 (A) ofthe Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ç?~~ th Hodges Sm , MMC City Clerk November 26, 2002 - 23- Item V-F.1. MINUTES ITEM # 50464 Upon motion by Council Lady Eure, seconded by Councilman Wood, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of November 12, 2002 and the SPECIAL FORMAL AND CLOSED SESSIONS of November 19,2002. Voting: 8-0 Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and Jim Reeve Councilman Villanueva ABSTAINED on the Closed Session of November 19, 2002, as he was not in attendance. November 26, 2002 Item V-G. ADOPT AGENDA FOR FORMAL SESSION BY CONSENSUS, City Council ADOPTED: - 24- ITEM # 50465 AGENDA FOR THE FORMAL SESSION November 26, 2002 - 25- Item V-H.l. PUBLIC HEARING ITEM # 50466 Mayoy Oberndorf DECLARED A PUBLIC HEARING: AGRICULTURAL RESERVE PROGRAM (ARP) 34.93 acres - Indian River and Muddy Creek Road There being no speakers, Mayor OberndorfCLOSED THE PUBLIC HEARING. November 26. 2002 - 26- Item V-B.l. PUBLIC HEARING ITEM # 50467 Mayor Oberndorf DECLARED A PUBLIC HEARING: LOCAL VEHICLE REGISTRATION There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. November 26, 2002 - 27- Item V-I. ORDINANCES ITEM # 50468 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Items 1, 2a (AS AMENDED), 2b, 3, 4, 5, 6 and 7 of the CONSENT AGENDA. Voting: 8~O (By Consent) Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and Jim Reeve Council Lady McClanan voted a VERBAL NA Y on Item I.2.a. (Decals) and Item I.3 (Cromwell ARP) Council Lady Eure voted a VERBAL NA Y on Item I.3. (Cromwell ARP) November 26, 2002 - 28- Item V-I.1. ORDINANCES ITEM # 50469 Upon motion by Vice Mayor Jones. seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AMEND 0'6-31 of the City Code re prohibition of shark fishing and "chumming" within the City limits and the marginal adjacent ocean or bay within 500 yards of the mean low water line. Voting: 8-0 (By Consent) Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and Jim Reeve November 26, 2002 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 TO AMEND AND REORDAIN SECTION 6-31 OF THE VIRGINIA BEACH CITY CODE PERTAINING TO SHARK FISHING 5 SECTION AMENDED: § 6-31 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That is hereby amended and Section 6-31 of the City Code 9 reordained to read as follows: Sec. 6-31. Shark fishing re~L.iGL';'o".s prohibited. (a) Duril,g tL~ 5~ét:õ0l, frow ¡!d"o:r.;'al Day weeh.~l,d LlavugL LuLor Day weeh."",d, nNo person shall: (1) Place in the marginal adjacent ocean or bay within five hundred (500) yards of the mean low water line any chum, blood or free floating bait for the purpose of attracting sharks, or (2 ) Exc.ej,'L 1>5 f>Lv~id",d ii, lL';'" ([ish for sharks :õec.L';'vl" within the city limits and the marginal adjacent waters within five hundred (500) yards of the mean low water line. These prohibitions any chumming shall include fishing from or beach, jetty or boat, bai t or chum utilizing tackle, structure, intended for or commonly used to catch or attract sharks. -fb+ JLétd, fi5L';'"g 51wll bè t-'cr¡"';'LL,,,J dLu';',,'j tL", j,'~riod '7.00 p.w. LL.éOùgL '7.00 ð.w. frow tL", L",I>c:.L VVHa"e"c.';'"g tLe "uutL ðL bou"dl>ry of Littl~ I5lò"d faLh., e)..L"",dil,g [our lwl,dj'~d (400) fe<'òt n=th-. -t-et- lill. Any who shall violate any provision of this person section shall be guilty of a Class 3 misdemeanor. Adopted by the Council of the City of Virginia Beach, Virginia, on the 26TH day of November, 2002. CA-8640 Proposed\06-3l.ord.wpd October 29, 2002 R-3 - 29- Item V-I.2.aJb 0 RDINANCES/RESOL UTIONS ITEM # 50470 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, AS AMENDED: Ordinances re license decals and registration of vehicles: a. AMEND §§ 21-71 through 21-75, §§21-75.1, 21-76, 21-79, 21- 85, and 21-85 of the City Code re elimination of Decals and establishing a requirement for permanent state registration of vehicles b. TRANSFER $300,000 from the City Treasurer to the Finance Department to fund the Local Vehicle Registration process through DMV Voting: 7-1 (By Consent) Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: Richard A. Maddox and Jim Reeve November 26, 2002 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1 2 3 4 5 6 AN ORDINANCE TO FURTHER AMEND THE CITY CODE PERTAINING TO LOCAL VEHICLE LICENSES BY ACCELERATING THE ELIMINATION OF LICENSE DECALS AND ESTABLISHING A LICENSE REQUIREMENT FOR VEHICLES WITH PERMANENT STATE REGISTRATIONS 7 8 SECTIONS AMENDED: §§ 21-71, 21-72, 21-73, 21- 75, § 21-75.1, 21-76, 21-79, 21-85, AND 21-86 WHEREAS, on June 11, 2002, the City Manager was directed to take all steps necessary to change from the current system of vehicle licensing, which utilizes the sale of decals to receive the license fee and to collect delinquent personal property taxes, to a system in which local vehicle license fees would be collected by the state Department of Motor Vehicles ("DMV"); and WHEREAS, in developing a plan with the DMV for implementing this change, certain changes to the ordinance adopted on June 11, 2002, must be made, including the process for collecting the local vehicle license fee in 2003. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby requests the DMV to collect the City of Virginia Beach's motor vehicle, trailer and semitrailer local vehicle license feest as permitted by Virginia Code § 46.2- 756, and authorizes its Finance Director to enter into a contract with the DMV to establish the terms of this arrangement. BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Treasurer is directed to enter into an agreement with the Commissioner of the DMV to utilize the DMV's Vehicle Registration Withholding Program, as authorized by Virginia Code § 46.2-752 (J), and the Treasurer is further directed to take all steps the for successful implementation of this necessary agreement. 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Commissioner of the Revenue is directed to serve as the local administrator of the local vehicle registration program in accordance with the terms of the agreement, BE IT FURTHER ORDl\INED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Ordinance #2702 is amended and Sections 21-71,21-72,21- 73, 21-75, 21-75.1, 21-76, 21-79, 2l-85t and 21-86 of the City Code are hereby further amended and reordained, to read as follows: Sec. 21-71. Local vehicle license term; definition. (a) After the transition period described in this article, 'I'.the for license trailers and vehicles, the for motor term semitrailers required by this article shall be one (1) year, which shall correspond to the identical period for the state vehicle registration for that vehicle, trailer or semitrailer. Every local vehicle license term shall begin den i¡,g LJ,e ¡"O¡,LJ, ';'¡, wL';'G!, at the time when the vehicle, trailer or semitrailer is registered by the state department of motor vehicles, and shall expire at the same time the state registration expires, which is the last day of the twelfth month next succeeding the date of registration, as provided by Code of Virginia § 46.2-646. Every local vehicle license, unless otherwise provided, shall be renewed annually on application by the owner and by payment of the fees required by law, with the renewal to take effect on the first day of the ~uc.c.eE'.diI,g month succeedinq the date of expiration. If the state department of motor vehicles offers a quarterlv or multi-year registration option and if owner vehicle the chooses this option, then the local vehicle license term shall match the term chosen by the owner for the state vehicle registration, with the annual fee ~,uIL';'~lied by tLco ¡,,"wLer LJ,e u[ o[ Lcogi.öLLat';'ou "Lð.te prorated yeaL,o as necessary. 2 67 68 69 70 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 (b) As used in this article, "local vehicle licenseH shall mean the license authorized by Code of Virginia § 46.2-752 to be required for motor vehicles, trailers and semitrailers. l£l Notwithstandinq the provisions of subsection (a), if the state department of motor vehicles offers a permanent reqistration option and if the vehicle owner chooses this option, then the term of the local vehicle license for this vehicle shall correspond to the period for which the state reqistration is valid, sub-iect to payment of the fee established in Section 21-75 of this article. No further fee shall be required as lonq as the title for the vehicle remains vested in the owner. Furthermore, no fee shall be charqed for any vehicle permanentlv licensed bv the state prior to Januarv L 2003. Sec. 21-72. General procedure. (a) Pursuant to a contractual arrangement with the city, the state uQepartment Mffiotor Vyehicles shall local collect the of vehicle license fees required by this article, or portions thereof, for the city, as authorized by Code of Virginia section 46.2-756. Local vehicle license fees shall be collected at the same time state vehicle registration fees are remitted. Coincident with the state's grace period, purchasers of new or used motor vehicles shall be allowed a thirty-day grace period, beginning with the date of purchase, during which to pay the local vehicle license fee to the department of motor vehicles. (b) v ~Liclc iI, A¡,:;, p~r."o¡, wLo 1",>.., r""g~..,ter""d vr t:eLl""d <'I <'IuvtL""r '/irgi¡,~a loc.;.llt:;, <'Iud ¡"Ov"'.o to Ll,c city witL LL~~ ,d,~cle ...1,.;.11, <'I.', provld",d by Code of '/irg~u~,'\ .',"'cc~O¡, 4G.2 GOG, uot~fy tLe dejJà-L Lwe¡, L vd,~~le.', ~u ,'\dd-Lc,",'" w~ Ll,i¡, Ll,i~ vf ¡"OCV-L of cLàl,ge Ll,~rty ( J 0) de< y ... . No vehicle shall be subject to a local vehicle license tax or fee in more than one jurisdiction for the same time period. 3 98 99 100 101 102 103 104 105 106 107 108 109 110 III 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 -tet- Iu "uj ca~e ii, wl,';'~L à ",",L';'cle acquiLv~ .o';'cu.o ';'U LLê c';'tj after Lc';'ué) l';'ce¡,~ed ';'U j ui';',;,dictiou a¡,d 3ucL liccu.oê CWULl'CL expirc~ Lcfoiê LLe ti¡"e tLat tLe ~taLc Lcg';'.ocu;cL';'vu of LLe "eL';'cle wu.oL Lc Lêue~ed, a prorated portio¡, of Ll,c lucal "d,';'~lc l';'ceu,;,e fe<!. .31",,11 Leyu';'d;d LLe peL ';'od tLe local tiwe LLe Lc foi fLoh, "êl,';'~lc l';'cêu~e expire~ tLruugL tLe ti¡"e tLe ,;,tate regLöLLCtt';'ou i~ LcuewcJ ð.l,d "u "uuu",l Iv,"",l "d,';'~lc l';'~cu.oc uLe<'til,ed. 'PLe prorated fee 31,11.11 be pajiable at tLe ti¡"e LLe JeL';'cle 6CYU';'LC6 .o';'Lu.o ';'u Ll,c ci-ty-. (d,Ç) In any case in which a vehicle acquires situs in the city after a local vehicle license has been issued i¡, a¡,otLer ~ jurisdiction that does not participate in the department of motor vehicles' reGistration proGram local vehicle and the state registration for this vehicle expires before the existing license, then a prorated portion of the city local license fee, GivinG credit for other non-participatinG paid in the months the lurisdiction, shall be due when the state registration is renewed. J.Ql Proration not be vehicle of the license fee shall required when a vehicle acquires situs in the citv after a local vehicle license for this vehicle has been purchased throuqh the department of motor vehicles' Local Vehicle ReGistration prOGram. Sec. 21-73. Exemptions. l£l No person shall be required to pay the local vehicle license fee prescribed by this article on any vehicle for which an ~ ~ registration certificate and license is not required by Code of Virginia, title 46.2, on any vehicle specifically exempt under the provisions of Code of Virginia, section 46.2-755, or on any vehicle owned solely by a person in active military service, who is in the city solely by reason of military orders and who has a legal residence in a state other than Virginia. l12.l Upon presentation to the commissioner of the revenue of proof that the vehicle is exempted this under section, the 4 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 commissioner of the revenue shall notify the state department of motor vehicles that no fee is required for such vehicle; provided, however, that from this section who militarv personnel exempt reGister a vehicle in VirGinia for the first time must initially report this status to the department of motor vehicles. The form of this proof shall be a military Leave and Earninqs Statement current within ninety (90) days. l£l In the event that the status of the owner of the vehicle changes so as to no longer qualify the vehicle for the exemption provided herein, the owner shall notify the commissioner of the revenue within ten (10) days of the date of such change in status, and shall comply with all other provisions of this article. The commissioner of the revenue shall notify the state department of motor vehicles of each such change in status. Sec. 21-75. License requirement; Imposition of fee. (a) There imposed a requirement for a local is hereby vehicle license, for ",acL twel~e ¡"Ol,tL the term.§. as established by this vehicles, semitrailers, trailers and article, on motor regularly kept in the city and used upon public roadways of the city. The amount of the fee for this license shall be as set forth in the following subsections of this section. and shall be due annually at time reGistration obtained, is the the state same unless specifically provided for otherwise. (b) The license fee on a motor vehicle, designed and used for the transportation of passengers, which is self-propelled or designed self-propulsion, otherwise shall be, except for as specifically provided in this section, imposed in accordance with the following schedule: (1 ) vehicles thousand (4,000 ) weighing four Motor pounds or less - Twenty-five dollars ($25.00); (2) vehicles weighing more thousand than four Motor (4,000) pounds - Thirty dollars ($30.00); and 5 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 (3) l.ti l.ll. (c) .ill J.2..l Motorcycle - Twenty-three dollars ($23.00)~L Antique vehicles licensed permanently motor pursuant to VirGinia Code § 46.2-730 (motorcvcles or cars ) Thirteen dollars and fifty cents ($13.50); and Anv motor vehicle, trailer semitrailer upon or which well-drillinG machinery is attached and which is permanently used solely for transportinG such machinery - Fifteen dollars ($15.00). T),e 1 ice¡,~e VL cwO w),eçl l£êtilç:L of fee OJ, a v"ç a cradle, flat bed or °Pç" l'ic.k.ul' lYl'ç wl,ic.l, Iw" êt LvJy widLl, "vl YLçalçL Llw" l),ç wiJl), vf Ll,ç WVlOL ve)'iclç allêtc),çd ac êt"y liwç of w),ic), il i.s to operðt.'_Oh, w),ic), i.s þullçd Oi' ~(,wçd by êt l'a,',.se.,yç£ car 0,( .3têtlio" wagv", VL a l'ic.k.ul' or pal,el truck l,l'I.vi"y a" uc.lual grO.'\3 weig),t ¡,ot eAceedi"g five t),ou.'\I'd,d (::', 000 ì u.'\ed for cêt:L,(ji"g þvu"J" a"J fhOþÇL ly ¡,ot exceedi"g 0",., l),Ou"a"d five ),ul,dred (1, ::'00 ì Liwç, þOu"J~ a"J for all at al,y o¡,e traileL.s dç"iy"ed exclu.sivçly Lv LLul,~port boêtL.s OL 1,0£ .'Ie,', t ~),1\l1 be d"J fifty dollar,', Cç¡,',,', .sçvç" ('if.::'O) . Unless otherwise specified in this article, the license for trailers fees and semitrailers desiGned and not used for the transportation of passenGers on the hiGhways in the Commonwealth shall be as follows: Registered Gross Weiaht Annual Fee Permanent Fee 0-1. 500 lbs .LL.ìQ ~ 1.501 - 4,000 lbs ~ ~ 4,001 lbs and above $25.50 ~ NoLwit),.sLal,di¡,g L),e ðbvvç fHovi.sio", tl'he license fee for each trailer or semitrailer designed for 6 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 use as living quarters for human beings shall be twenty-five dollars ($25.00). Ql. license for all The fee trailers desiqned exclusivelv to transport boats or horses shall be seven dollars and fiftv cents ($7.50). (d) There is hereby imposed a license fee, to be paid by the owner, upon each motor vehicle not designed and used for the transportation of passengers, whether operated under lease or not. The amount of the license fee shall be determined by the gross weight of the vehicle or combination of vehicles of which it is a part, when loaded maximum capacity to the for which is it registered and licensed by the state, according to the following schedule: Pounds Fee 4,000 or less. . . . . . . . . $24.00 4,001--16,000 . . . . . . . . . 16,001--17,000 . 17,001--18,000 . 18,001--19,000 . . 19,001--20,000 . . 20,001--21,000 . . . . . 21,001--22,000 . . . . . . 22,001--23,000............ . 23,001--24,000 . . . . . . 24,001--25,000 . . 25,001--26,000............ . 26,001--27,000 27,001--28,000 , . . . . . . . . . . . . 28,001--29,000 . . . . . , . . . . . . 29,001--30,000 . . 30,001--31,000 . . 31,001--32,000 . . . . . . . . . 32,001--33,000 , . . . . . . 7 29.00 30.80 32.10 33.40 34.70 36.00 37.30 38,60 39.90 41. 20 42.50 43.80 45.10 46.40 47.70 49.00 50.30 51.60 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 33,001--34,000 34,001--35,000 . . . . . . . . . . . . 35,001--36,000 36,001--37,000 . . . . . . . . . . . . 37,001--38,000 . . . . . . . . . . 38,001--39,000 39,001--40,000 40,001--41,000 . . . . . 41,001--42,000 . . . . . . . . . . . . 42,001--43,000 . . . . . . 43,001--44,000 , . . . . , 44,001--45,000. 45,001--46,000 . 46,001--47,000 . . 47,001--48,000 48,001--49,000 . 49,001--50,000 . . . . . . . . . . 50,001--51,000 . . . . . . . . . . 51,001--52,000 , . . . . . 52,001--53,000 . . . . . . 53,001--54,000 . 54,001--55,000 . . . . . 55,001--56,000 . . . . . 56,001--56,800 . . ~ 56,801 and over. . . . . . , . . (e) 52.90 54.20 55.50 56.80 58.10 59.40 60.70 62.00 63.30 64.60 65.90 67.20 68.50 69.80 71.10 72.40 73.70 75.00 76.30 77.60 78.90 80.20 81.50 82.80 85,00 In the case of a combination of a truck or tractor truck and a trailer or semitrai1ert each vehicle constituting a part of such combination shall be registered as a separate vehicle, and a separate local vehicle license fee shall be imposed thereon, but, for the purpose of determining the gross weight group into which any such vehicle falls pursuant to subsection (d) of this section, the combination of vehicles of which such vehicle constitutes a part shall be considered a unit, and the aggregate gross weight of 8 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 the entire combination shall determine such gross weight group. TLe Iè"" fVL LL~ local "èLicl~ l~c~u"è fOL a tro~lè.c OL "èw~tLu~ler Co¡",L~tuL~ug u t'ðrt ul 5UeJ, cOwb~uoL~o¡, "Lall be ei"LLee¡, Jullars (:;;10.00). rLo"iJ~d, ~f ~ucL ~Lð~ler ð~HL;'Lr..-.~le:c Luwe,er, or ""hc~""d5 a gru~" we~"LL (,I lour LLou5"-'uJ (4,000) PO"ud5, "ucL fe"" 51"",11 b"" L..euty -"èo""¡, Jullar~ (:)27.00). In determining the fee to be paid the local license truck or truck for a tractor for constituting a part of such combination, the fee shall be assessed on the total gross weight of the combination when loaded to the maximum capacity which it'S' registered and licensed. is for However, there shall be no deduction from this fee for the local vehicle license of trailer semitrailer in the the fee or combination. Sec, 21-75.1 Transition period. bi11inq and schedule. (a) transition with license fees,--.£.§. A period, prorated authorized bv VirqiniaCode ~ 46.2-752. will be necessary to adjust to system in which vehicle license term of each local the a conforms to state registration renewal periods. The transition period shall begi¡, OJ, July 1 cover the time from January 1, 2003, aud eLd OJ, throuGh June 30, 2005; the transition billinG shall be administered by the department of motor vehicles durinG 2003. (b) -For tIhe transition p""riod, shall modify the billinG local vehicle license term :'11,..-.11 b,", ¡uodiI~ed from the twelve-month period, ðê> uèC~".OOLY, to mateh correspond to the date that the state r,",l,ewal reGistration period for that vehicle expires. -H----a- Durinq this period. the local vehicle license fee amount fur lic,",u-"~ y~or 20 OJ ~-" t'UL cLa:'l,",d fh ~UL to July 1, 200 J, tL,", l~c~u,,~ fee due JUL~U" tLe t.c"'usitio¡, P""L~UJ ~Lall be wultipl~èd Ly tLe ¡'U¡Ub~L ul 'year~ 0" ILocLio¡, LLeL~vf tLaL LL~ ",",Liclè ~" r,",gi~Lè.c~J by LLè -"LOL~ shall equal one-twelfth of the annual fee required for that vehicle. trailer or semitrailer. multiplied by the number of months from January 1. 2003 until the state reGistration for the 9 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 vehicle must be renewed; this determination shall be made on the dav precedinq the implementation of local vehicle licensinq throuqh the department of motor vehicles. 'PI no d';':c<"òctor u[ Ll,<"ò [';'uauC<"ò d<"òf'ðrt¡,,~uL -,,1,.'111 t-':C<"òf'ðL~ ~uL~dul<"ò-" tu a~-,,';'-"t iu uólcellati¡,g Ll,<"ò t-'L°f'<"ò.t awuuuL of liu~u-"<"ò f<"ò~~ Ju<"ò [or L~u~wól-" h,ad~ JUL';'ug tL~ L:cð¡h'liL';'uu f'<"òriod. Sec. 21-76. Proration of fee. If proration is necessary in any case, a license fee equal to one-twelfth of all fees required for that vehicle, trailer or semitrailer, multiplied by the number of months for which a local reqistration fee is oWE~d within the state registration period, shall be collected. The fee shall be computed to the nearest cent. Sec. 21-79. Vehicle license at no charge for members of volunteer fire companies or rescue squads, auxiliary police officers, volunteer police chaplains, auxiliary deputy sheriffs, disabled veterans and surviving spouses of disabled veterans. For members the various volunteer and of fire companies rescue squads in the city, auxiliary police officers servinq the city, volunteer police chaplains of the city, auxiliary deputy sheriffs servinq the city, disabled exempted bv veterans as Jé[';'¡,<"òd iI, Code of Virginia section 46.2-756 (B) 4G.2 100, aud -"elL ,';',';'u'j ~t-'uU.'\<"ò.'\ o[ 6ud, J';'.'\ðbl<"òd ,<"òLé:Cau~, there shall be no charge for local vehicle licenses, in accord with the following provisions: (1 ) No license fee shall be charged for one (1) vehicle owned by each acti ve member of the various volunteer fire companies and rescue squads, each active auxiliary police officer, each active volunteer police chaplain, and each active auxiliary deputy sheriff, and each such volunteer who, although presently inactive, has completed ten (10) or more years of active service in the city, Such persons shall submit a letter to the commissioner of 10 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 (2 ) 343 344 345 346 347 348 349 (3) 350 351 352 353 354 355 (4 ) 356 357 358 359 the revenue from the chief of his fire company or rescue squad or, in the case of auxiliary police officers and volunteer police chaplains, from the chief of police, or in of auxiliary deputy sheriffs, the from the case sheriff, stating that is an active member of the he company or squad is active auxiliary police or an officer, volunteer police chaplain or auxiliary deputy sheriff, or that, if inactive, he has completed ten (10) or more years of active service. The preceding exemption from the license fee shall apply to active members of volunteer fire squads, and each companies and rescue active officer, police auxiliary police volunteer chaplain sheriff, regardless of and auxiliary deputy whether the volunteer owns or leases the vehicle for which the exemption is requested. Each such volunteer fire company or rescue squad member, auxiliary police officer, volunteer police chaplain and auxiliary deputy sheriff shall, at the time the license fee is exempted, agree notify the commissioner of to the revenue, if and when such volunteer becomes inactive prior to completing ten (10 ) or more years of active service. The chief rescue of each volunteer fire and company squad, the chief of police, and the sheriff shall submit to the commissioner of the revenue the names and length of active volunteer service of members, auxiliary police officers and police chaplains and auxiliary deputy sheriffs who become inactive. No local vehicle license fee shall be charged for one (1) motor vehicle owned and personallv used by any disabled veteran and each surviving spouse of a disabled veteran wLo l'Lc~è'óuL" cerL~[~c.ðL~VU of 6u~L ~lðLu.'S [LV'" tL"" U. J. Veterðu~ A,::lw~l,i~lLuLiou o[ tLè'ó Ll,c COau,,~~"~uuè'ór Lo 11 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 L~~~¡,ll~ for qdalificatio¡, of 511C!, 5tatd.'. exempted from pavinq an annual reqistration fee bv Virqinia Code ~ 46.2-739 (B), Sec. 21-85. Disposition of fees generally. All local vehicle license fees collected under this article by the state department of motor vehicles shall be deposited into a fiduciary for ¡,ot city ð¡,d account, and held in the trust c-v"",,i¡,gl~d wit!' ðuy OLl"OL [uud.'L Each month, such fees shall be delivered to the city treasurer, who shall credit such fees to the general fund of the city. Sec. 21-86. Refund for unused portion of license fee. Any person who has paid a current license feet and who moved out of state, or who disposes of the vehicle for which it was paid and another vehicle, inform does not purchase the state may department of motor vehicles, and request a refund for the unused portion of the license fee paid under this article. The state department of motor vehicles shall refund to the applicant a prorated portion, in six-month increments, of the local vehicle license fee, if application for the refund is made when six (6) or more months are remaining in the license period, in the same manner as provided by Code of Virginia § 46.2-688. BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the provisions in this ordinance and ORD-2702, dated June 11,2002, amending and reordaining sections of Article III and Article XI of Chapter 21 of the City Code shall be effective on January 1, 2003. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 26th day of November, 2002. CA-8688 DATA/ODIN/PROPOSED/21-071addord.wpd R14 - November 25, 2002 12 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO TRANSFER $300,000 FROM THE FY 2002 -03 CITY TREASURER'S OPERATING BUDGET TO THE DEPARTMENT OF FINANCE FY 2002-03 OPERATING BUDGET TO COVER TRANSITION TO THE LOCAL VEHICLE REGISTRATION PROGRAM. WHEREAS, On June 11, 2002, City Council approved a plan 12 to improve the local vehicle license process by combining the 13 local vehicle license fee with the state vehicle registration 14 process. 15 $300,000 is available in the FY 2002-03 City WHEREAS, 16 Treasurer's Operating Budget due to the implementation of this 17 initiative. 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 20 That $300,000 the City is transferred hereby from 21 Treasurer's FY 2002-03 operating budget to the FY 2002-03 22 operating budget of the Department of Finance to provide 23 funding process local vehicle for the and mail DMV to 24 licenses. 25 26 Adopted by the Council of the City of Virginia Beach, 27 Virginia, on the 26t~ day of November , 2002. 28 29 30 31 32 CA-8692 ordin/noncode/DMVDecal.ord November 20, 2002 R3 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: D~Q.~ Management Services ~ .s-. S;~ VI. City AttorneY's'Offick - 30- Item V-I.3. ORDINANCES ITEM # 50471 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AUTHORIZE the acquisition of Agricultural Reserve Preservation (ARP) easements from John G. Cromwell, Sr. Trust and Richard Neubert of 34.93 acres more or less for $352,793 (Installment Agreement No. 2002-51) and issuance of contract obligations Voting: 6-2 (By Consent) Council Members Voting Aye: Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Margaret L. Eure, Reba S. McClanan Council Members Absent: Richard A. Maddox and Jim Reeve November 26. 2002 1 2 3 4 5 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN AGRICULTURAL LAND PRESERVATION EASEMENT AND THE ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF $352,793 6 WHEREAS, pursuant to the Agricultural Lands Preservation 7 Ordinance (the "Ordinance"), Appendix J of the Code of the 8 City of Virginia Beach, there has been presented to the City 9 Council a request for approval of an Installment Purchase 10 Agreement (the form and standard provisions of which have been 11 previously approved by the City Council, a summary of the 12 material terms of which is hereto attached, and a true copy 13 of which is on file in the City Attorney's Office) for the 14 acquisition of the Development Rights (as defined in the 15 Installment Purchase Agreement) on certain property located in 16 the City and more fully described in Exhibit B of the 17 Installment Purchase Agreement for a purchase price of 18 $352,793; and 19 WHEREAS, the aforesaid Development Rights shall be 20 acquired through the acquisition of a perpetual agricultural 21 land preservation easement, as defined in, and in compliance 22 with, the requirements of the Ordinance; and 23 WHEREAS, the City Council has reviewed the proposed terms 24 and conditions of the purchase as evidenced by the Installment 25 Purchase Agreement; 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 27 CITY OF VIRGINIA BEACH, VIRGINIA: 28 1. The City Council hereby determines and finds that 29 the proposed terms and conditions of the purchase of the 30 Development Rights pursuant to the Installment Purchase 31 Agreement, including the purchase price and manner of payment, 32 are fair and reasonable and in furtherance of the purposes of 33 the Ordinance, and the City Manager or his designee is hereby 34 authorized to approve, upon or before the execution and 35 delivery of the Installment Purchase Agreement, the rate of 36 interest to accrue on the unpaid principal balance of the 37 purchase price set forth hereinabove as the greater of 4.75% 38 per annum or the per annum rate which is equal to the yield on 39 United states Treasury STRIPS purchased by the City to fund 40 such unpaid principal balance; provided, however, that such 41 rate of interest shall not exceed 6.75% unless the approval of 42 the City Council by resolution duly adopted is first obtained. 43 2. The City Council hereby further determines that 44 funding is available for the acquisition of the Development 45 Rights pursuant to the Installment Purchase Agreement on the 46 terms and conditions set forth therein. 47 3. The City Council hereby expressly approves the 48 Installment Purchase Agreement and, subject to the 49 determination of the City Attorney that there are no defects 50 in title to the property or other restrictions or encumbrances 51 thereon which may, in the opinion of the City Attorney, 52 adversely affect the City's interests, authorizes the City 53 Manager or his designee to execute and deliver the Installment 54 Purchase Agreement in substantially the same form and 55 substance as approved hereby with such minor modifications, 56 insertions, completions or omissions which do not materially 57 alter the purchase price or manner of payment, as the City 58 Manager or his designee shall approve. The City Council 59 further directs the City Clerk to affix the seal of the City 60 to, and attest same on, the Installment Purchase Agreement. 61 The City Council expressly authorizes the incurrence of the 62 indebtedness represented by the issuance and delivery of the 63 Installment Purchase Agreement. 64 4. The City Council hereby elects to issue the 65 indebtedness under the Charter of the City rather than 66 pursuant to the Public Finance Act of 1991 and hereby 67 constitutes the indebtedness a contractual obligation bearing 68 the full faith and credit of the City. 2 69 Adopted by the Council of the City of Virginia Beach, 70 Virginia, on this ~ day of November , 2002. 71 72 73 Adoption requires an affirmative vote of a majority of all members of the City Council. 74 75 76 77 CA8680 arppurchase/cromwel1 neubert/cromneuord.wpd R-1 November 1, 2002 78 79 APPROVED AS TO CONTENT: 80 81 APPROVED AS TO LEGAL SUFFICIENCY: Lô~ 82 APPROVED AS TO AVAILABILITY OF FUNDS: 83 84 (~J.- i" '~)., '.7r,J/\,(eI1L' f~ I{/It~ Finance Department 3 Old Cromwell & Nuebert 0 ~ s. IL AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2002-51 SUMMARY OF MATERIAL TERMS SELLER: John G. Cromwell, Sf. Trust and Richard Neubert PROPERTY LOCATION: Indian River Road I Muddy Creek Road PURCHASE PRICE: $352,793 EASEMENT AREA: 34.93 acres more or less DEVELOPMENT POTENTIAL: 5 single-family dwe11ing sites (5 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on O,S, Treasury STRIPS acquired by City to fund purchase price, but not less than 4.75% (actual rate to be determined when STRIPS are purchased prior to execution ofIPA), Rate may not exceed 6.75% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPAdate RESTRICTIONS ON TRANSFER: IP A ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery ofIPA, - 31 - Item V-L4. ORDINANCES ITEM # 50472 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to ACCEPT 0.605 acre of property from Chesapeake Land Development, LLC located at Lynnhaven Parkway and Riverbend Road. Voting: 8-0 (By Consent) Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and Jim Reeve November 26, 2002 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 AN ORDINANCE TO AUTHORIZE THE ACCEPTANCE OF A DEDICATION OF A 0.605 ACRE PARCEL OF PROPERTY IN FEE SIMPLE LOCATED AT mE INTERSECTION OF LYNNHAVEN PARKWAY AND RIVERBEND ROAD IN mE CITY OF VIRGINIA BEACH WHEREAS, on October 5, 1999, Chesapeake Land Development, LLC purchased 8 at an escheat sale certain property (the "Property") described in Deed Book 4157, at page 0689 and containing 0,811 acres, located at the intersection of Lynnhaven Parkway and 9 Riverbend Road in The Lakes Subdivision in the City of Virginia Beach; and WHEREAS, the Property was designated as "recreation area" on the subdivision plat creating the site when The Lakes Subdivision was developed. WHEREAS, on July 31, 2002, the Commonwealth of Virginia purchased a 0.206- acre strip ofland from the Property as described in Instnunent No, 200208073013238 from Chesapeake Land Development, LLC for the widening of Lynnhaven Parkway (VDOT Project#UOOO-134-132, R/W 201); and WHEREAS, Chesapeake Land Development, LLC has offered to dedicate the remaining 0.605-acre parcel to the City of Virginia Beach WHEREAS, the Department of Public Works has detennined that the Property is suitable, inter alia, for storm water management purposes. NOW, mEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council authorizes the acceptance of the dedication of the Property by Chesapeake Land Development, LLC to the City of Virginia Beach by Deed of Dedication, pursuant to Section 15.2-1800, Code of Virginia of 1950, as amended, Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of November ,2002. APP ED AS TO CONTENTS i/m!S' C i ß'-. SIGNATURE Aù i?EJ [daJr DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY.fND FORM x;M/1 ¡. ~ CITY ATTORNEY TIllS INSTRUMENT PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.I-811(A)(3) AND 58.I-8II(C)(4); REIMBURSEMENT AUTHORIZED PURSUANT TO SECTION 25-249 THIS DEED OF DEDICATION is made this 17th day of October, 2002, by and between CHESAPEAKE LAND DEVELOPMENT, LLC, a Virginia limited liability company (the "Grantor"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Grantee"). WITNESSETH: That for and in consideration of the mutual benefits accruing or to be accrued to the Grantor and the Grantee, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby dedicate, grant and convey with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE, unto the Grantee herein, the following described property, to-wit: All that certain lot, tract or parcel of land, together with the improvements thereon belonging, lying, situate and being in the City of Virginia Beach, Virginia and designated and described as: "RECREATION AREA. AREA = .811 ACRE", as shown on that certain plat entitled: "SUBDIVISION OF PROPERTY FOR THE LAKES, INC. ", said plat being recorded in the Office of the Clerk of the Circuit Court ofthe City of Virginia Beach, Virginia, in Map Book 139, at Page 15, to which reference is made for a more particular description. LESS AND EXCEPT that portion of the property, containing 0.206 acres, acquired by the Commonwealth of Virginia from the Grantor by deed dated July 31, 2002, and recorded as Instrument No, 200208073013238, in the aforesaid Clerk's Office. GPIN 1496-01-5423 It being a portion of the same property acquired by the Grantor from THOMAS M. TYE, by deed dated January 3, 2000, and recorded in Deed Book 4197, at Page 1172, in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia. This conveyance is subject to any public utility easements and restrictive covenants of record, if any. The Grantor covenants that it is seized in fee simple of the said property and has the right to convey the said property to the Grantee; that it has done no act to encumber the same; that it, the said Grantee, shall have quiet and peaceable possession of the same, ftee from all encumbrances; and that CHESAPEAKE LAND DEVELOPMENT, LLC, the Grantor, will execute such further assurances of title as may be requisite or necessary, WITNESS the following signature and seal: CHESAPEAKE LAND DEVELOPMENT, LLC, a Virginia limited liability company, (SEAL) THOMAS M. TYE, 2 ~ \. <) ',/ : ...~ ~... "', ~... , , '~, LOCATION MAP PROPOSED DEDICATION OF PROPERTY TO THE CITY OF VIRGINIA BEACH FROM CHESAPEAKE LAND DEVELOPMENT, LLC THE LAKES SUBDIVISION 0.605 ACRE-GPIN 1496-01-5423 SCALE: 1".. 100' THE LAKES.DGN M,j,S. PREPARED BY PM' ENG. CADD DEPT, OCTOBER 29, 2002 Subject site looking Southeast on Riverbend Road. Lake portion of the site located beyond trees/shrubs. Subject site looking North on Riverbend Road. Lake portion of the site located beyond trees/shrubs. Looking Northeast. Intersection of Riverbend Road and Lynnhaven Parkway. Portion of the subject site acquired by VDOT for the widenin(¡l of Lynnhaven Parkway, Looking due North. Lake portion of the site located beyond trees/shrubs. Portion of the subject site acquired by VDOT for the widening of Lynnhaven Parkway. Looking West. Part of the lake portion ofthe subject site, Area to the left is the portion of the subject site acquired by VDOT. - 32- Item V-I.5. ORDINANCES ITEM # 50473 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance APPROPRIATE $75,000 from the General Fund balance to provide an interest-free loan to the Chesapeake Beach Volunteer Rescue Squad to purchase an ambulance and squad trucks. Voting: 8-0 (By Consent) Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and Jim Reeve November 26, 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 AN ORDINANCE TO APPROPRIATE $75,000 FROM THE FUND BALANCE OF THE GENERAL FUND FOR THE PURPOSE OF PROVIDING AN INTEREST-FREE LOAN TO THE CHESAPEAKE BEACH VOLUNTEER RESCUE SQUAD FOR THE PURCHASE OF A REPLACEMENT AMBULANCE 8 WHEREAS, the Chesapeake Beach Volunteer Rescue Squad does not 9 presently have adequate funds to purchase a replacement ambulance, but represented fund-raising has that efforts will provide sufficient funds to repay an interest-free loan from the City of Virginia Beach in the amount of $75,000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $75,000 is hereby appropriated from fund balance in the General Fund to provide funding for an interest-free loan to the Chesapeake Beach Volunteer Squad purchase Rescue to a replacement ambulance, with revenue increased accordingly in the FY 02-03 Operating Budget. 2. That this loan is to be repaid in installments over (6) years, due on the 15th day of December each year, with the first payment of $6,000 to be made on or before December 15, 2003; the second payment of $5,000 to be made on or before December 15, 2004; and the remaining balance paid annually in (4) equal installments of $16,000, with the last payment to be made on or before December 15, 2008. Adopted by the Council of the Virginia, on the ..2.6- day of Novpmhpr City of Virginia , 2002. Beach, Requires an affirmative vote by a majority of the members of the City Council. CA-8687 data/noncode/Chesapeake rescue squad,ord November 15, 2002 R3 APPROVED AS TO CONTENT: -S~Q-U) Management Services ~ APPROVED AS TO LEGAL SUFFICIENCY: - 33- Item V-I.6. ORDINANCES ITEM # 50474 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to APPROPRIATE $]5,000 from the Francis Land House Trust Fund to the FY 2002-2003 Operating Budget of the Department of Museums and Cultural Arts to provide for events, exhibits and expenses at Francis Land House. Voting: 8-0 (By Consent) Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and Jim Reeve November 26, 2002 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDIN1\NCE TO APPROPRIATE $15,000 FROM THE FUND BALANCE OF THE FRANCIS LAND HOUSE TRUST FUND TO THE FY 2002-2003 OPERATING BUDGET OF THE DEPARTMENT OF MUSEUMS AND CULTURAL ARTS TO PROVIDE SUPPORT FOR PROGRAMS, EVENTS, EXHIBITS AND GENERAL OPERATING EXPENSES AT THE FRANCIS LAND HOUSE WHEREAS, $15,000 of fund balance is available in the Francis 13 Land House Trust Fund. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 That $15,000 is hereby appropriated from the fund balance of 17 the Francis Land House Trust Fund to the FY 2002-2003 operating 18 budget of the Department of Museums and Cultural Arts to provide 19 support for programs, exhibits, operating and general events, 20 at the revenue Francis Land with estimated House, expenses 21 increased accordingly. 22 Adopted by the Council of the City of Virginia Beach, Virginia 23 on the 26 day of ~vember, 2002. CA-8671 Ordin/Noncode/Francis Land House.ord.wpd R-2 November 20, 2002 Approved as to Content: Approved as to Legal Sufficiency: ~ ~~!;. ~,Ç£ Department of L w ' - 34- Item V-I. 7. ORDINANCES ITEM # 50475 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to ACCEPT andAPPROPRIATE a grant of$252, 677from the Federal Temporary Assistance For Needy Families (TANF) to the FY 2002-2003 Operating Budget of the Department of Social Services rejob retention and wage advancement service recipients. Voting: 8-0 (By Consent) Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and Jim Reeve November 26. 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 AN ORDINANCE TO ACCEPT AND APPROPRIATE $252,677 OF FEDERAL TEMPORARY ASSISTANCE FOR NEEDY FAMILIES GRANT FUNDING TO THE FY 2002-03 OPERATING BUDGET OF THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE SERVICES 8 WHEREAS, the Virginia Beach Department of Social Services 9 was allocated $252,677 in federal Temporary Assistance for Needy Families grant funds to provide job retention and wage advancement services; and WHEREAS, no additional City funding is required to obtain the additional federal funding. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1, That $252,677 from the federal government is hereby accepted and appropriated to the FY 2002-03 Operating Budget of the Department of Social Services to provide job retention and wage advancement services for eligible recipients, 2. That estimated revenue from the federal government is hereby increased by $252,677. Adopted by the Council of the City of Virginia Beach, Virginia, on the ~ day of November , 2002. Requires an affirmative vote by a majority of the members of City Council. CA-8686 data/noncode/TANF.ord.wpd November 15, 2002 R3 Approved As to Content: Approved As To Legal Sufficiency: ~cw:dO,~ {¿Wk-,~~ ;~)£/~ City Attorne~ Office Management Services DATE: September 19, 2002 TO: Local Agency Directors, TANF Staff, and Regional Offices FROM: Ray C. Goodwin, Acting Commissioner SUBJECT: $6 Million in TANF Funding for Job Retention and Wage Advancement CONTACT: Mark Golden, Manager, Temporary Assistance for Needy Families (TAN F), (804) 692-1731, mxg2@dss.state.va.us The state budget allocates $6 million for services as stated below: The department shall allocate federal funds from the Federal TANF Grant to eligible state and community-based services in an amount up to $6,000,000 each year. The department shall develop procedures for receiving and approving requests for funding in accordance with the provisions of the federal TANF grant. The funds will be allocated to local agencies subject to the following requirements: . The funds must be used for the purposes of job retention and wage advancement of TANF recipients or former TANF recipients in the period of ineligibility; . Specifically, funds must be used for any of the following: . job coaching; . barrier identification, intervention, and accommodation; . job skills development; . expanding access to better jobs; . job development; . sectoral job strategies; . creating employer consortiums; . supportive services; . employer outreach; . job follow-up; and . soft-skills development. . The funds must be used for purchase of services. . The funds will be distributed to local agencies on the basis of the Virginia Initiative for Employment not Welfare (VIEW) allocation formula (75 percent of funds based on the number of VIEW cases, 16.67 percent of the funds based on job entry, and 8.33 percent based on job retention), A chart showing agency allocations is included in this broadcast. . Agencies that receive an allocation of less than $200,000 will have to collaborate with other agencies. To form a collaborative, at least three agencies must collaborate or the allocation to the collaborative must be at least $200,000. . LDSSs must file an application for the funds. The application is included with this broadcast. Forms may be e-mailed to Mark Golden at mxQ2@dss.state.va.us or faxed to (804) 225-2321. . For collaborations, please indicate in the application whether there will be one fiscal agent, or if the funds should be distributed among the collaborating agencies. . For those agencies that have previously submitted proposals for MedVIEW projects and will implement such projects using these funds, the application must indicate how the MedVIEW project will increase wages or job retention. . Upon submission of each application, please submit a BF-12 request for the award amount. As applications are approved, the corresponding budget request will be approved in LASER. Please be aware that these funds have been appropriated for the following biennium. However, there are no guarantees that this funding will continue beyond that time, A new budget line has been created for the use of these funds: 870. The Program Number is 46209 and the Cost Code is 87001. Funds will be transferred to agency accounts upon receipt of a satisfactory application. So that performance can be measured, a minimal amount of reporting will be required. We are designing a reporting mechanism to capture the necessary data. We anticipate that reporting will be accomplished through an electronic form, and we will ask for case numbers and employment barrier information for participating clients. Job retention and wage advancement will then be determined by Central Office for the participating clients. We will release additional details on reporting as soon as possible. 2 Local Agency Allocation Per VIEW Formula Accomack $ 24,688.87 Albemarle $ 19,828.31 Alleghany $ 29,081.50 Amelia $ 6,060.70 Amherst $ 18,352.40 Appomattox $ 20,174.07 Arlington $ 46,152.87 Augusta $ 30,068.86 Bath $ 1,044.79 Bedford $ 34,061.55 Bland $ 5,081.10 Botetourt $ 2,808.21 Brunswick $31,815.32 Buchanan $ 62,030.44 Buckingham $ 17,124.48 Campbell $ 42,954.46 Caroline $ 18,973,39 Carroll $ 25,470.05 Charles City $ 1,975.73 Charlotte $ 8,685.56 Chesterfield $ 105,484.18 Clarke $ 2,645.72 Craig $ 49.40 Culpeper $ 25,361.86 Cumberland $ 10,194,29 Dickenson $ 37,126.34 Dinwiddie $ 20,325.64 Essex $ 14,056.59 Fairfax $ 175,755.43 Fauquier $ 17,221.20 Floyd $ 9,459.87 Fluvanna $ 1,191.46 Franklin County $ 35,625.88 Frederick $ 8,899.88 Giles $ 9,829.93 Gloucester $ 17,294.82 Goochland $ 3,318.46 Grayson $ 13,398.55 Greene $ 5,413.86 Greensville $ 14,907.19 Halifax $ 45,558.40 Hanover $ 14,476.84 Henrico $ 150,907.65 Henry $ 34,192.74 Highland $ 577.78 Isle afWight $ 27,376.11 3 James City $ 17,213.81 King and Queen $ 3,612.56 King George $ 5,451.31 King William $ 3,853.00 Lancaster $ 10,858.57 Lee $ 71,015.04 Loudoun $ 34,047.82 Louisa $ 11,811.49 Lunenburg $ 4,906.33 Madison $ 3,340.10 Mathews $ 3,286.41 Mecklenburg $ 20,356.23 Middlesex $ 9,208.27 Montgomery $ 64,940.43 Nelson $ 3,624.53 New Kent $ 6,197.35 Northampton $ 14,747.46 Northumberland $ 4,622.23 Nottoway $ 15,602.05 Orange $ 14,009,19 Page $ 10,613.54 Patrick $ 30,556,75 Pittsylvania $ 32,392.64 Powhatan $ 3,168.73 Prince Edward $ 17,082.29 Prince George $ 8,500.68 Prince William $ 246,472.23 Pulaski $ 31,559.01 Rappahannock $ 837.52 Richmond County $ 3,570.84 Roanoke $ 31,806.36 Rockbridge $ 15,667.24 Rockingham $ 24,715.71 Russell $ 81,457.87 Scott $ 31,609.59 Shenandoah $ 11,212.51 Smyth $ 37,440.75 Southampton $ 17,545.67 Spotsylvania $ 35,457.44 Stafford $ 16,062.46 Surry $ 5,905.59 Sussex $ 15,567.43 Tazewell $ 93,313.21 Warren $ 27,160.01 Washington $ 23,832.53 Westmoreland $ 19,772.23 Wise $ 108,195.31 Wythe $ 36,979.20 York $ 17,549.34 4 Alexandria $ 83,576.23 Bristol $ 44,090.87 Charlottesville $ 78,224.09 Chesapeake $ 208,762.85 Covington $ 10,377.81 Danville $ 110,736.94 Franklin City $ 18,983.03 Fredericksburg $ 26,225.13 Galax $ 14,833.12 Hampton $ 211,028.57 Harrisonburg $ 33,628.80 Hopewell $ 50,548.48 Lynchburg $ 104,880.46 Manassas $ 23,297.35 Manassas Park $ 5,154.12 Martinsville $ 24,334.56 Newport News $ 311,596.17 Norfolk $ 439,284.39 Norton $ 19,254.80 Petersburg $ 90,394.64 Portsmouth $ 251,759.64 Radford $ 12,708.48 Richmond City $ 608,668.97 Roanoke City $ 199,021.73 Staunton $ 29,819.27 Suffolk $ - Z~91.?8 Virginia Beach $C. 252,676.!tG Waynesboro $ 25,780.46 Williamsburg $ 6,667.47 Winchester $ 18,101.51 5 TANF Job RetentionlWage Advancement Project Name of Agency or Agencies: I Contact Person: Check at least one: 0 Job retention 0 Waae Advancement Vendor Namels): Fiscal Agent(s): List the agency or agencies that will serve as the fiscal agent(s) for this project. Description of Project: Please provide an explanation of the project. Include the targeted service population, a description of services, how the services provided will enhance job retention and/or wage advancement, number of participants to be served, and anticipated outcomes. 6 - 35- Item V-J. PLANNING ITEM # 50476 1. DEMERTRIOUS KOULOUKIS STREET CLOSURES 2. EUCELL FACEN CONDITIONAL USE PERMIT 3. WAWA, INC'. CONDITIONAL USE PERMIT 4. KEMPSVILLEICENTERVILLE ASSOCIATES, L.L.C'. CONDITIONAL USE PERMIT 5. FIRST UNITED PENTECOSTAL CHURCH CONDITIONAL USE PERMIT 6. SANTE FE CONDITIONAL USE PERMIT 7. AMERICAN PARKING SOLUTIONS, LTD. CONDITIONAL USE PERMIT 8. SNUG HARBOR DEVELOPMENT, L.L.C'. CHANGE OF ZONING 9, WHITT G. SESSOMS CHANGE OF ZONING CONDITIONAL USE PERMI November 26, 2002 - 36- Item V-J. PLANNING ITEM # 50477 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Items 1, 2 (DEFERRED), 4 (DEFERRED), 5 (DEFERRED), 6 (DEFERRED), 7 (DEFERRED), and 8 of the PLANNING BY CONSENT AGENDA. Item 2 was DEFERRED TO DECEMBER 10, 2002, BY CONSENT Item 4 was DEFERRED UNTIL THE CITY COUNCIL SESSION OF JANUARY 7, 2003, BY CONSENT Item 5 was DEFERRED INDEFINITELY, BY CONSENT Item 6 was DEFERRED TO DECEMBER 10, 2002, BY CONSENT Item 7 was DEFERRED TO DECEMBER 3,2002, BY CONSENT Voting: 8-0 (By Consent) Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and Jim Reeve November 26. 2002 Item V-J.I. PLANNING - 37- ITEM # 50478 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED the Ordinance upon application of DEMERTRIOUS KOULOUKIS for the discontinuance, closure and abandonment of Admiral Wright Boulevard: Application of Demertrious Kouloukis for the discontinuance, closure and abandonment of a portion of Admiral Wright Boulevard located on the east side of Euclid Street, 450 feet more or less south of Virginia Beach Boulevard. Said parcel contains 15,111 square feet. DISTRICT 2 ~. KEMPSVILLE. The following conditions shall be required: Voting: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, approved by City Council. Copies of the policy are available in the Planning Department. 2 The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat shall be submitted and approvedfor recordation prior to final street closure approval. 3 The area of closure is not an independent zoning lot and any use must comply with zoning, subdivision and site plan ordinances. 4. The applicant shall veriiÝ that no private utilities exist within the right-of-way proposedfor closure. Preliminary commentsfrom the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. ¡{private utilities do exist, easements satisfactory to the utility company shall be provided. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. lfthe conditions noted above are not accomplished and the final plat is not recorded within one year of the City Council vote to close the right-oj:way this approval shall be considered null and void. 8-0 (By Consent) Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj; Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and Jim Reeve November 26, 2002 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS ADMiRAL WRIGHT BOULEV ARD AS SHOWN ON THAT CERTAIN PLAT ENTITLED: "EXHIBIT SHOWING PROPOSED STREET CLOSURE OF PART OF ADMIRAL WRIGHT BOULEVARD, VIRGINIA BEACH, VIRGINIA, PREPARED BY TES, INc., TECHNICAL AND ENVIRONMENTAL SERVICES SURVEYING DIVISION", dated April 22, 2002 WHEREAS, on November 26,2002, Demetrious Kouloukis applied to the Council ofthe City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment ofthe Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or before November 25, 2003; NOW, THEREFORE, SECTlON I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before November 25,2003: A11 that certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "AREA OF STREET TO BE CLOSED = 15.! 11 SQ. FT. OR 0.346 ACRES" shown as the cross-hatched area on that certain plat entitled: "EXHIBIT S95HOWING PROPOSED STREET CLOSURE FORA PART OF ADMIRAL WRIGHT BOULEVARD. VIRGfNIA BEACH, VIRGINIA" Scale: 1"= 40', dated April 19,2002, prepared by TES, Inc., a copy of which is attached hereto as Exhibit A. SECTION II The following conditions must be met on or before November 25, 2003: I. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the GPIN: 1467-95-3344, 1467-95-5259, 1467-95-7222,1467-95-5 J 71,1467-95-6 J 25 and 1467-95-6255 "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of said policy are available in the Planning Department. 2, The applicant shan resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The resubdivision plat shaH be submitted and approved for recordation prior to final street closure approval. 3. The area of closure is not an independent zoning lot and any use must comply with zoning, subdivision and site plan ordinances. 4, The applicant shaH verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, the applicant shaH provide easements satisfactory to the utility companies. 5. Closure of the right-of-way shall bc contingent upon compliance with the above stated conditions within 365 days of approval by City Council. IfaJJ conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the roadway, this approval will be considered nuJJ and void, SECTION III I. If the preceding conditions are not fiJlfiJJed on or before November 25,2003, this Ordinance wiJJ be deemed nuH and void without further action by the City Council. 2. If an conditions are met on or before November 25, 2003, the date of final closure is the date the street closure ordinance is recorded by the City Attorney. SECTION IV 3. A certified copy of this Ordinance shaH be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor." 2 of Adopted by the Council of the City of Virginia Beach, Virginia, on this -~ day ,2002. CA-8570 October 14,2002 c.[)"""""", ""dSw;,'g",b"""",\L",,1 S,U"'g'\¡'mp\",m" ",d wpd APPROVED AS TO CONTENT: --------- Planning Department APPROVED AS TO LEC,AL SUFFICIENCY -~ --------- City Attorney 3 rHlS EXHIBIT WAS PREPARED FOR STREET CLOSURE ONLY AJlD IS NOT INrENOEO TO REPRESENT A BOUNDARY SURVEY. CP/N 1467-95-JJ44 NOW OR FORMEHI. Y DEAlETRIOOS r. KOUWtJ/(, D. B.26J I, PC. 1084 MB. 2610, PC. 186J (;pIN 1467-95-5259 NOW OR FORMERLY OEAlETRIOUS T. KOOlOllKIS 0.8. J19.1, PG. J55 ~ ~ I ~ .!. '" ~ '\.. ~- .,; ~.' '~ ~ ~ GPlN 1467-9,5-6255 ~. ~ GPIN 1467-95-5171 NOW OR F1JRMEHl.Y OEMETRIOS r. '" GARlFALfA KOULOOKIS 0.8. 287.1, PC. t787 ~ .. ~ !Ii: I " I ~ ~ Q1 '" LEGEND ~ - ARÐI OF STRE'E.7 TO BE ClOSE:/) = 15.111 SQ, FT. OR 0.346 ACIi'£S /lATE: APRil 19, 2002 SCALE: 1"=40' JOB NO. 000682 GRAPHIC SCALE I' = 40' ,- I 0 211 411 611 EXHIBIT SHOWING OF PROPOSED STREET CLOSURE OF PART OF ADMIRAL WRIGHT BOULEVARD VIRGINIA BEACH, VIRGINIA "to.. ~ nus DRAWING/PLAN WAS PREPARED WITHOUT THE BENEFIT or A TITLE/SEARCH REPORT AND MAY REFLECT ENCUMBRANCES DEPICTt:D OR CALLED FOR ON THE ORIGINAL PLAT ONLY. THE SURVEYOR HAS DONE NO TITLE SEARCH AND RELIED UPON THE PROPEffiY DESCRIPTION OBTAII/£D FROU THE DATA RECORDED. ~ ~ ~ PREPARED :BY IE51~. TECHNICAL AND ENVIRIJIMENTAL SERVICES SURVEYING MVIS1IJN 5625 f'RIIVlIIENCE R[)AD VlRGlrGA lEACH, VIRGINIA 23464 (757) 420-4462 FAX (7571 420-4463 -< t: p:¡ ~ ~ - 38- Item V-J.2. PLANNING ITEM # 50479 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of December 10, 2002, the Ordinance upon application (if EUCELL F ACEN for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF EUCELL FACEN FOR A CONDITIONAL USE PERMIT FOR BULK STORAGE, AUTO STORAGE AND CONTRACTOR STORAGE YARDS BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Eucell F acen for a Conditional Use Permit for bulk storage, auto storage and contractor storage yards on the southeast corner (if Virginia Beach Boulevard and Shipps Lane (GP1N 2417257861). Said parcel is located at 1345 Virginia Beach Boulevard and contains 17,640 square feet. DISTRICT 6 - BEACI-l. 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 Twenty-sixth of November, Two Thousand Two. Voting: 8-0 (By Consent) Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj; Peter W. Schmidt, Ron A. Vi/la/lueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and Jim Reeve November 26, 2002 Item V-J.3. PLANNING - 39- ITEM # 50480 Attorney R. E. Bourdon, Pembroke One, 5th Floor, Phone: 499-8971, represented the applicant Upon motion by Councilman Wood, seconded by Council Lady Eure, City Council ADOPTED an Ordinance upon Application of Wawa, Inc., a Penmylvania Corporation: ORDINANCE UPON APPLICATIONOF WA WA, INc., A PENNSYLVANIA CORPORATION FOR A CONDITIONAL USE PERMIT FOR GASOLINE SALES IN CONJUNCTION WITH A CONVENIENCE STORE ROll0231058 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Wawa, Inc.. a Pennsylvania Corporation jòr a Conditional Use Permit for gasoline sales in conjunction with a convenience store on the north side of Virginia Beach Boulevard, west of' North Lynnhaven Road (GPIN 1497266065). Said parcel is located at 2954 Virginia Beach Boulevard and contains 2.871 acres. DISTRICT 5 - L YNNHA VEN The following conditions shall be required: 1. There shall be only one vehicular entrance on Virginia Beach Boulevard and an exit only on the western part oj the site. The entrance to the site opposite the existing median crossover shall be centered on the median crossover and shall be forty (40) feet in width at the property line. This entrance shall be markedfor two twelve (12) jòot lanes exiting the site (left and right) and a sixteen {l6)foot lane entering the site. The entrance shall have twent:fìve (25)foot radialjlares. 2. There shall be right and left turning lanes on North Lynnhaven Road at the site's access point on North Lynnhaven Road. 3. A variable width right-of way reservation along North L ynnhaven Road shall be providedfor an ultimate roadway width of seventy (70)feet as shown on the Master Transportation Plan. No parking or structures may be located within the reservation area. Setbach for the storm water management facility and the building shall be measuredfrom the ultimate right-ol-way width. 4. Revisions to the landscape plan in the form of' additional plantings and revisions to the stormwater management plan in the form of additional pollutant removal measures shall be required during the detailed review of the site plan to mitigate for Chesapeake Bay Preservation Area buffer encroachment. 5. A five foot (5) wide on-site pedestrian walkway from the sidewalk along Virginia Beach Boulevard to the convenience store shall be provided. Where the walkway crosses a drive aisle, it shall be distinguished from the driving surf'ace by using brick pavers, stamped asphalt or similar treatment. 6. With the exception of Conditions 1 through 5 above, the site shall be developed in substantial accordance with the site plan entitled "Conceptual Site Layout and Landscape Plan for WaWa@ 2954 Virginia Beach Boulevard" dated August 8,2002 and prepared by MSA, Pc. A copy of this site plan has been exhibited to City Council and is on file in the Planning Department. 7. Lighting on the site shall be the minimum necessary for site security. A detailed lighting plan shall be submitted as part of the formal site plan submission for review by the Police Department to determine consistency with Crime Prevention Through Environmental Design (CPTED) principles and practices. November 26, 2002 - 40- Item V-J.3. PLANNING ITEM # 50480 (Continued) 8. The building and canopy shall be developed in substantial accordance with the architectural elevations entitled "WaWa Food Market, Virginia Beach Boulevard and North Lynnhaven Road" dated July 16, 2002 and prepared by Lynchmartinez Architects, LLC A copy of the elevation has been exhibited to City Council and is on file in the Planning Department. 9. Tree preservation areas shall be clearly marked with appropriate tree protection barriers prior to any land disturbance occurring on site. lJl.... All fuel deliveries to the orooertv shall utilize Vinzinia Beach Boulevard as the sole ooint of inflress and eflress. 1.L.. At the inf!ress/eeress point to North Lvnnhaven Road, the apolicant will oost siens which indicate there will be NO LEFT TURNS from the site onto North Lvnnhaven Road between the hours of 7:00 A.M. - 10:00 A.M. and 4:00 PM. - 6:00 PM. Mondav throuf!h Fridav. 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 Twenty-sixth of November, Two Thousand Two. Voting: 7-1 Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: Rosemary Wilson Council Members Absent: Richard A. Maddox and Jim Reeve November 26, 2002 - 41- Item V-J.4. PLANNING ITEM # 50481 Attorney R. E. Bourdon, Pembroke One, 5" Floor, Phone: 499-8971, represented the applicant, and requested the application be DEFERRED to January 7, 2003. Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of January 7, 2003, an Ordinance upon application of KEMPSVILLEICENTERVILLE ASSOCIATES, L.L.c. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF KEMPSVILLDCENTERVILLE ASSOCIATES, LLC FOR A CONDITIONAL USE PERMIT FOR MINI- WAREHOUSES/SELF STORAGE Ordinance upon Application ofKempsville/Centerville Associates, LL. C jor a Conditional Use Permit for mini-warehouses/self storage on the south side of Kempsville Road, 580 feet more or less west of Centervi/le Turnpike (GPIN 1455813371; 1455900477). Said parcel contains 9.31 acres. DISTRICT 1- CENTERVILLE. Voting: 8-0 (By Consent) Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. OberndorJ: Peter W. Schmidt, Ron A. Villanueva, Rosema~y Wilson and James L Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and Jim Reeve November 26, 2002 - 42- Item V-J.5. PLANNING ITEM # 50482 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED INDEFINITELY, ORDINANCE UPON APPLlCA TION OF FIRST UNITED PENTECOSTAL CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of First United Pentecostal Church for a Conditional Use Permit for a church on the southeast corner of Wesleyan Drive and Broad Meadows Boulevard (GPIN 1468649438). Said parcel is located at 5393 Wesleyan Drive and contains 5.14 acres. DISTRICT 4 - BAYSlDE. Voting: 8-0 (By Consent) Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and Jim Reeve November 26, 2002 - 43- Item V-J.6. PLANNING ITEM # 50483 Attorney Morris Fine requested DEFERRAL until the City Council Session of December 10, 2002. Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of December 10, 2002, an Ordinance upon application of SANTA FE for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SANTA FE, LP, FOR A CONDITIONAL USE PERMIT FOR AUTOMOTIVE SERVICE Ordinance upon Application of Santa Fe, LP.[or a Conditional Use Permit jòr automotive service on certain property located at 3700 Sentara Way (GPIN 1487523853). Said parcel contains 11.7 acres more or less DISTRICT 3 - ROSE HALL. Voting: 8-0 (By Consent) Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and Jim Reeve November 26, 2002 - 44- Item V-J. 7. PLANNING ITEM # 50484 Attorney R. E. Bourdon, Pembroke One, 5" Floor, Phone: 499-8971, represented the applicant, and requested the application be DEFERRED to December 3, 2002. Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of December 3,2002, an Ordinance upon application of AMERICAN PARKING SOLUTIONS, LTD. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF AMERICAN PARKING SOLUTIONS, LTD., FOR A CONDITIONAL USE PERMIT FOR THE BULK STORAGE OF MOTOR VEHICLES Ordinance upon Application of American Parking Solutions, Ltd., for a Conditional Use Permit for the bulk storage of motor vehicles on the east side of Military Highway, approximately 1,700 feet north of Alexandria Lane. Said parcel is located in the 600 block ofS Military Highway (GPIN 1456376863) and contains approximately 48 acres. DISTRICT 2 - KEMPSVILLE Voting: 8-0 (By Consent) Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S, McClanan, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and Jim Reeve November 26, 2002 Item V-J.8. PLANNING - 45- ITEM # 50485 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of SNUG HARBOR DEVELOPMENT, LLC for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF SNUG HARBOR DEVELOPMENT, LLC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-18 AND B-2 TO A-12 WITH A PD-H2 AND (SD) ZOI1022127 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Snug Harbor Development, LLC for a Change o/Zoning District Classificationfmm A-18 Apartment District and B-2 Community Business District toA-12 Apartment District with a PD-H2 Planned Unit Development District Overlay and Shore Drive Overlay (SD) on certain property located at the northeast corner of Pleasure House Road and Powells Point Road. The proposed zoning classification change to PD-H2 (A-12) (SD) isjòr multifamily land use at a density no greater than 12 dwelling units per acre. The Comprehensive Plan recommends use o.f this parcel for retail on the B-2 District site and residential uses above 3.5 dwelling units per acre at densities that are compatible with multi- jiJmily use in accordance with other Plan policies (GPIN 1570500169; 1570500299; 1570501472; 1570503304; 1570502129; 1570503113). Said parcels are located at 2432 Pleasure House Road and 4704 Powells Point Road and contain 2.529 acres. DISTRICT 4 -BAYSIDE. The following conditions shall be required: 1. The layout of the proposed development, in terms ofdwelling units, stormwater management facility, road location, ingress/egress, etc. shall substantially adhere to the site plan entitled "Preliminary Subdivision Plat of Tranquility By The Bay, A Private Beach Community for Snug Harbor Development, " dated September 25, 2002, and prepared by Kellam-Gerwitz Engineering, Inc. A copy of this plan is on file in the Planning Department. 2 All landscaping, fencing and signage shown on the plan entitled "Preliminary Subdivision Plat of Tranquility By The Bay, A Private Beach Community for Snug Harbor Development, "dated September 25, 2002, and prepared by Kellam-Gerwitz Engineering, Inc. shall be installed by the developer in substantial adherence as depicted. A copy of this plan is onjìle in the Planning Department 3. All singlefamily dwellings shall be constructed as described in this report and in substantial conformance with the submitted elevations entitled, "Elevation I, Snug Harbor and Elevation 2, Snug Harbor," copies of which are on file in the Planning Department. 4. All accessory structures shall meet the minimum setbacks for primary dwelling units as described within the Land Use Plan. 5. No features, architectural or structural, shall be permitted within the minimum side yard setback other than those specifically identified within the Land Use Plan. 6. In the event that the submitted Land Use Plan is inconsistent with the City of Virginia Beach building code requirements, the Council of American Building Officials One and Two Family Dwelling Code (1995 edition) and the Uniform Statewide Building Code (BOCA) shall take precedence. November 26, 2002 - 46- Item V-J.8. PLANNING ITEM # 50485 (Continued) 7. Chain link fencing shall be installed prior to construction to increase the likelihood of survival for some of the remaining valuable trees. The location of this fencing, which will be removed after construction of the subdivision is complete, shall be depicted on the final site plan. 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 Twenty-sixth of November, Two Thousand Two. Voting: 8-0 (By Consent) Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and Jim Reeve November 26, 2002 - 47- Item V-J.9. PLANNING ITEM # 50486 Attorney Howard Gordon, 1700 Dominion Tower, represented the applicant and requested the application be DEFERRED until the City Council Session of December 10, 2002. Upon motion by Councilman Schmidt, seconded by Vice Mayor Jones, City Council DEFERRED until the City Council Session of December 10, 2002, Ordinances upon application of WHITT G. SESSOMS for a Conditional Change of Zoning District Classification and Conditional Use Permit APPLICATION OF WHIITG SESSOMS FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TION FROM A-12 APARTMENT DISTRICT TO CONDITIONAL B-2 COMMUNITY BUSINESS DISTRICT Application of Whitt G. Sessoms for a Change of Zoning District Classification from A-12 Apartment District to Conditional B-2 Community Business District on the south side of Virginia Beach Boulevard, 195.07 feet east of Seabridge Road. The Comprehensive Plan recommends use of this parcel for resort uses, including lodging, retail, entertainment, recreational, cultural, and other compatible uses (GPIN2417751570). Said parcel is located at 949 Virginia Beach Boulevard and contains 4 acres, more or less. DISTRICT 6 - BEACH AND, APPLICATION OF WHIIT G. SESSOMS FOR A CONDITIONAL USE PERMIT FOR A BULK STORAGE YARD Ordinance upon application of Whitt G. Sessoms for a Conditional Use Permit for a bulk storage yard on the south side of Virginia Beach Boulevard, 195.07 feet east of Sea bridge Road (GPIN 2417751570). Said parcel is located at 949 Virginia Beach Boulevard and contains 4 acres, more or less DISTRICT 6 - BEACH. Voting: 8-0 Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Peter W. Schmidt, Ron A. Vi/lanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and Jim Reeve November 26, 2002 - 48- Item V-L/. APPOINTMENTS ITEM # 50487 BYCONSENSUS, City Council RESCHEDULED the following APPOINTMENTS BUILDING CODE OF APPEALS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE MINORITY BUSINESS COUNCIL PLANNING COMMISSION RESORT ADVISORY COMMISSION November 26, 2002 - 49- Item V-K.2. APPOINTMENTS ITEM # 50488 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: James A. Wood 5 year term 01/01/03 -12/31/07 BOARD OF ZONING APPEALS Voting: 7-0 Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E, Oberndorf, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: James L. Wood Council Members Absent: Richard A. Maddox and Jim Reeve November 26, 2002 - 50- Item V-K.3. APPOINTMENTS ITEM # 50489 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Jeffrey W. Ainslie Alexander Chako Susan Goldsticker James H. Sellers Richard Welton 3 year term 01/01/03 - 12/31/05 CHESAPEAKE BAY PRESERVATION AREA BOARD Voting: 8-0 Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and Jim Reeve November 26, 2002 - 51 - Item V-K.4. APPOINTMENTS ITEM # 50490 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Gary L. Spell James E. Wood 2 year term 01/01/03 -12/31/04 COMMUNITY POLICY and MANAGEMENT TEAM - CSA AT-RISK Voting: 8-0 Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and Jim Reeve November 26. 2002 - 52- Item V-K.5. APPOINTMENTS ITEM # 50491 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Thomas Felton 3 year term 01/01/03 - 12/31/05 AND, REAPPOINTED: Ann H. Callis Beryl D. Karlan Mary Anne Nixon Long 3 year term 01/01/03 -12/31/05 FRANCIS LAND HOUSE BOARD OF GOVERNORS Voting: 8-0 Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and Jim Reeve November 26, 2002 Item V-M.l. NEW BUSINESS BY CONSENSUS, City Clerk to Record: - 53- ITEM # 50492 ABSTRACT OF CIVIL CASES RESOLVED - October 2002 November 26. 2002 - 54- tern V-N.l. ADJOURNMENT ITEM # 50493 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:30 P.M. -~-_ð.¿Z'~j/l.,¿- Beverly O. Hooks, CMC Chief Deputy City Clerk ~- City Clerk ----------___--_m______-------- Meyera E. Oberndorf Mayor City of Virginia Beach Virginia November 26, 2002