HomeMy WebLinkAboutJUNE 8, 2004 MINUTES
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CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
MAYOR MEYERA E. OBERNfXJRF, At-Large
VICll MA YOR l,mllS R. .lONE"", Bayside - Dis/ricl "
HARRY E D/F:ZEI" Kempsville - nislri!:t 2
MARGARET L HURl:", Centervi/le - District I
REBA S. McCLANAN, RO,I"(! Hall - Dis/ricl 3
RICHARD A. MADDOX. Beach - District 6
.JIM REEVE, l'rince,u Anne - Dis/rlU 7
J'h'THR W SCHMIJ)7: At-IBrge
RON A. VIIL4Nf !J:TA, AI-[,arge
ROSh'MA.HY WII,SON, At-l,arge
JAMHS I,. WOO/), I.ynnhaven .nistrict 5
CITY COUNCIL
CITY COUNCIL AGENDA
U'/Y HAJ,f, RUlUJlN(i J
2401 ('()(JRTH()(ISr: mUVE
VIRGINIA BEACH, VIRGINIA 23456.8005
PHONE: (757) -127-./303
FAX (757) 426.5669
EMAIL:Ctycncl@vbgov.com
JAMES K. SPORE, City Manager
LESLIE L LILLEY, City Attorney
RCnH l!O[)UESSMf7H, MM(,'A, City Clerk
8 June 2004
I.
CITY COUNCIL'S BRIEFING
- Conference Room
3:00 P,M.
A. PRINCESS ANNE COMMONS - Sentara Status Report
David Bernd, CEO
II. CITY COUNCIL COMMENTS
III. REVIEW OF AGENDA ITEMS
IV, INFORMAL SESSION
- Conference Room
4:30 P,M.
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B, ROLL CALL OF CITY COUNCIL
C, RECESS TO CLOSED SESSION
V,
FORMAL SESSION
- Council Chamber
6:00 P.M.
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Reverend David Howard
Pastor, Brook Baptist Church
C. 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
1. INFORMAL AND FORMAL SESSIONS
June 1,2004
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARING
1. Special District Proposed Modification to the Boundaries at Town Center
1. CONSENT AGENDA
J. ORDINANCES/RESOLUTION
1. Ordinances to AMEND and REORDAIN the City Code:
a. 9928-28,28-29,28-30,28-31,32.5-2,32.5-4,32.5-5,
32.5-6,37-16,37-53, and 37-54 re water, sewer and
stormwater fees by revising provisions for billing, payment
and interest on late payments
b. 92-108 and 2-132 re probation period of certain 9-1-1 Emergency
Communication Employees
2. Resolution ESTABLISHING a policy re the connection of private utilities in rural
areas for public water and sanitary sewer systems.
DEFERRED:
May 25, 2004
3. Ordinance to GRANT permits for area private, municipal and non-profit EMS
organizations to operate in Virginia Beach:
a. Children's Hospital ofthe King's Daughters
b. Eastern Shore Ambulance
c. Lifeline Ambulance Service, Inc
d. Medical Transport
e. Network Medical
f. Nightingale Regional Air Ambulance
4. Resolution to support on Amendment to the State Budget re additional funding for
Firefighters and fire safety
5. Ordinances re Town Center:
a. AMEND the Special District and MODIFY the District Boundaries
b. APPROPRIATE $338,553 additional property tax and $73,387 realized revenue
from use to the Special District Special Revenue Fund
6. Ordinance AUTHORIZE additional full-time positions and ELIMINATE part-time
positions in the FY 2004-05 operating budget of the Library Department to reduce staff
turnover at the Pungo-Blackwater Library
7. Ordinance to ACCEPT and APPROPRIATE $7,890 from the Institute of Muse urn and
Library Services re Conservation Assessment of the Adam Thoroughgood House
8. Ordinance to APPROPRIATE $38,304 from various cost recovery sources and $4,505 in
donations to the Fire Department's FY 2003-04 operating budget re reimbursement of
expenses and to purchase equipment.
9. Ordinance to ACCEPT and APPROPRIATE:
a. $30,505 federal block grant to the FY 2003-04 operating budget of the
Department of Juvenile Probation re multi-systemic therapy
b. $47,937 to the Department Parks and Recreation for the Youth Opportunities
office to expand the Transitional Jobs program for juvenile parolees
c, TRANSFER $8,716 to the FY 2003-04 operating budget of the Department of
Parks and Recreation to further expand their Transitional Jobs program.
10. Ordinance to TRANSFER $ 364,000 from the General Fund re contingencies to the FY
2003-04 operating budget re fully funding the Real Estate Tax Relief program
K. PLANNING
1. Variance re to certain elements of the Subdivision Ordinance for WAYNE T. and ANN M.
BARNES and OPAL M. PONVERT to create five (5) parcels, including a Public Utilities
Pumping Station at 3715 and 3713 Little Neck Point
(DISTRICT 5 ~ L YNNHA VEN)
RECOMMENDATION:
APPROV AL
2. Application of SEA GATE DEVELOPMENT CORPORATION re Modification of a
Nonconforminz use to demolish the current building, create a freestanding Dairy Queen,
public restrooms and parking at 703 Atlantic Avenue
(DISTRICT 6 - BEACH)
RECOMMENDATION:
APPROVAL
3. Application ofWDR PROPERTIES, INC. for a Modification of Conditions for a
Conditional Use Permit approved by City Council November 25,2003, for automobile sales
and rental (WDR Properties, Inc.), at 5657 Shore Drive
(DISTRICT 4 ~ BA YSIDE)
RECOMMENDATION:
APPROVAL
4. Application of21 FUN, L.L.C. DBA SHARX SPORTS for a Conditional Use Permit for
an eating and drinking establishment at 211 2151 Street and Pacific Avenue
(DISTRICT 6 - BEACH)
RECOMMENDATION:
APPROVAL
5. Application of JESSUP CONSTRUCTION L.L.C. for a Chanze ofZoninz from R-40
Residential District to Conditional R-30 Residential District at 1017 Harris Road.
(DISTRICT 5 ~ L YNNHA VEN)
DEFERRED:
RECOMMENDATION:
MAY 25, 2004
APPROVAL
6. Application of BAY MARK CONSTRUCTION CORPORATION for a Chanf!e of
Zoninf! District Classification from 0-2 Office District to Conditional A-36 Apartment
District at Wildwood Drive, west of Stratford Drive.
(DISTRICT 5 - L YNNHA VEN)
RECOMMENDATION:
APPROVAL
7. Application of COURTHOUSE MARKETPLACE, L.L.c. for a Chanf!e ofZoninf!
District Classification from AG-l, AG-2 Al!ricultural District and B-1 Neil!hborhood
Business District with Historic and Cultural District Overlays to Conditional B-2
Community Business District with a Historic and Cultural District Overlay at Princess
Anne Road and Nimmo Parkway. (DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION:
APPROVAL
8. Application ofDA VID A. PARKER for a Chanf!e ofZoninf! District Classification from
R-5S Residential Sinl!le Familv District to RT-3 Resort Tourist District at 408 Winston
Salem Avenue.
(DISTRICT 6 - BEACH)
RECOMMENDATION:
APPROVAL
9. Application of the City to AMEND the City Zoning Ordinance (CZO) 9401 re bulk storage
of earthen minerals as a conditional use in Agricultural Zoning (AG) Districts
RECOMMENDATION:
DENIAL
L. APPOINTMENTS
ARTS and HUMANITIES COMMISSION
HEALTH SERVICES BOARD
HUMAN RIGHTS COMMISSION
SOCIAL SERVICES BOARD
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
...**************
If you are physically disabled or visually impaired
and need assistance at this meeting,
please cal1 the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427.4305
(TDO - Telephonic Device for the Deaf)
**************
Agenda 06/08/04\bb
w\vw.vbl!ov .~Qm
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 8, 2004
Mayor Meyera E. Oberndorf called to order the City Council Briefing re PRINCESS ANNE COMMONS-
Sentara Status Report in the Council Conference Room, City Hall, on Tuesday, June 8, 2004, at 3:00 P.M
Council Members Present:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt, Rosemary Wilson and James L. Wood
Council Members Absent:
Ron A. Villanueva
[Entered: 3:37 P.MJ
Mayor Oberndorf advised the City Manager is attending the Innovation Groups National Board Meeting
and Transforming Local Government Conference in Reno, Nevada, June 8 through June 13, 2004.
Charles Meyer, Chief Operations Officer, is representing the City Manager during his absence.
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CITY COUNCIL'S BRIEFINGS
PRINCESS ANNE COMMONS - Sentara Status Report
3:00P.M.
ITEM # 52653
David Bernd, Chief Executive Officer - Sentara, introduced Sandra Miller - Sentara Community Relations,
Don Jellig - President, Sentara Enterprises and Les Donahue, new Chief Executive Officer - Sentara
Virginia Beach General Hospital. David Bernd advised Les Donahue was previously Chi~fExecutive Office
of Williamsburg Community Hospital for eight and one-half years.
Relative Sentara Virginia Beach General, Mr. Donahue referenced the excellent quality of the medical care
and staff. The $30-MILLION expansion is "on time" and "within budget ". The two hundred twelve (212)
pilings have been driven, without interruption to the patients or physicians. The Foundation is being laid
above the pilings. By the end of August, the steel structure should be completed. The Grand Opening will
be in the Fall of 2005. This expansion will encompass all new private rooms and a cardiac center. Sentara
is actively reviewing the renovating and modernizing of the birthing center. Renovations and modernizations
to the emergency services are being reviewed concerning expansion and change of design . Sentara Virginia
Beach General Hospital is functioning as a Level II Trauma Center while maintaining the designation as
a Level III Trauma Center. With the exception o[severe burn cases, virtually every adult patient can be
treated at Sentara Virginia Beach General Hospital. By design, the severe burn patients are cared for at
Sentara Norfolk General Hospital. There is a chronic shortage of specialists willing to take a Trauma call.
An additional General Surgeon was recruited last September. General, Orthopedics and Neurosurgery
are three (3) key specialities essentialfor an active Trauma Program. Another General Vascular Surgeon
is expected to join Sentara in July. However, a Surgeon was lost last November. A national consultingfirm
has been employed and is reviewing the supply and demandfor physicians in the Virginia Beach community.
This report should be completed next month and will become a part of the Strategic Plan concerning
recruiting key surgeons. Sentara has employed an experienced Physician Recruiter and retained a
recruitment agency to assist. Sentara handles over one hundred ninety (190) in-patients per day. Surgery
and outpatient volumes have increased. Senlara is presently functioning as a Level II Trauma Center but will
reapply for designation to Levelll (18-24 monthsji'om November 2003).
Sandra Miller advised Delegate Robert F. McDonnell introduced legislation which initially encompassed
$25 0.00 on every second offense Driving Under the Influence (DUI).. however, the Committee narrowed this
fee to $25.00 on every second offense to be utilized by Trauma Centers in Virginia. The Governor increased
this amount to $50.00. JLARC has begun a study examining all Trauma Centers in Virginia compared to
other States. Mr. Donahue advised the Governor has formulated a Team to meet with all the hospitals in
the State. The team visited Sentara Virginia Beach General Hospital last month and spent approximately
.five (5) hours with the Medical Staff.
Sentara is fully committed to the Princess Anne Commons Health Campus. Robert Scott - Director of
Planning, is a participant of the Advisory Committee composed of private physicians of the community,
management and leadership of Sentara. Thus, the planning efforts will be co-ordinated with the City. The
Vision of the Campus remains the same. There will be approximately 1650 high level staff' and physician
positions present on the Campus. Relative the denial of the Ambulatory Surgery Certificate of Need (CON),
Sentara will resubmit in July and have requested the City's assistance. In Virginia, the CON process is often
long and deliberate. Bon Secours applied approximately four or five times before approval of their
Certifieate of Need. The Master Plan remains the same.
June 8. 2004
- 3 -
CITY COUNCIL'S BRIEFINGS
PRINCESS ANNE COMMONS - Sentara Status Report
ITEM # 52653 (Continued)
Phase I will encompass a medical office buildingfor physicians with a portion being utilized for Children's
Hospital of the Kings Daughters (COKD). A Certificate of Need has been received for this campus to be
a Comprehensive Cancer Center in partnership with Virginia Oncology Associates. Urgent Care Services,
outpatient imaging and laboratory services, a women's health center and a sports medicine and
rehabilitation therapy will also encompass the first phase. Construction should commence in the first part
of2005. Sentara is also committed to work with the City to make sure the recreational ballfields are removed
and replaced as soon as possible.
Donald Jellig advised the Master Plan is being updated by a National Consultant in health care campus
planning. The concepts and design standards will remain as initially approved by City Council. Phase II will
encompass the presence of the YMCA and the combined effort relative a rehabilitation program utilizing
their facilities. Hopefully, the Certificate of Need will have been received for the Surgery Center by that
time. Offices for surgeons will encompass Phase II. An Emergency Room will follow. Mr. Jellig believed
the residents of North Carolina would be going to Albemarle, Chesapeake General and some on a tertiary
basis might be going to Sentara Virginia Beach General or Sentara Norfolk General.
Mayor Oberndorf expressed appreciation to DonaldJelligfor traveling to Reno, Nevada, with her and Barry
Frankenfield - Parks and Recreation, to attend the American Planning Association City Parks Forum, which
involved no cost to the citizens of Virginia Beach. A $32,500 grant was awarded to the City for a design and
marketing brochure for Princess Anne Commons.
June 8, 2004
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CITY COUNCIL COMMENTS
3:25 P.M.
ITEM # 52654
Mayor Oberndorf referenced a citizen '.I' concern relative signs proliferating the City advertising "We Buy
Your Home", call Phone: 469-4600, The citizen stated there were thousands of these signs. Mayor
Oberndorf requested Charles Meyer, Chief Operating Officer, have the City's inspectors contact these
offenders.
ITEM # 52655
Councilman Wood distributed an e-mail from Fagan Stackhouse, Director of Human Services, to Paul
Lanteigne with carbon copies to the Mayor and Members of City Council, relative the starting salaries of
the Judicial Caseworker.
Councilman Wood was under the impression, the City Council had directed the Deputy Sherifft and Judicial
Caseworkers' salaries be placed on parity with each other. Essentially these Judicial Caseworkers in the
new Juvenile Detention Center are paid more than the Deputy Sheriffs. Councilman Wood advised the
Juvenile Case Workers positions have not yet been filled This is similar to the Emergency Medical Service
positions with higher starting salaries than Police and Firefighter Positions. The City Council directed them
to be brought into parity. The Sheriff's office now has twenty (20) vacancies which cannot be filled due to
the low salary. Councilman Wood believes the salary for Judicial Caseworkers is significantly higher than
surrounding communities.
Council Lady McClanan expressed concern relative the market survey and the large increases. Council Lady
McClanan requested a thorough discussion concerning this matter during the Retreat.
Susan Walston, Chief of Staff, advised there was a question of the parity issue based on thejob descriptions
and discussion. There is a difference between the roles of Judicial Caseworkers and that of Deputy Sheriffs.
Parity exists between the Deputy Sheriffs and the Police Officers. There has been a long standing agreement
of a 10% differential between Deputy Sheriffs and the Police Officers. The Judicial Caseworkers who have
some security responsibilities are viewed more in terms of Counselors. If parity is created on multiple levels
with the Deputy Sheriff', the goal of the 10% differential with the Police Officers might not be reached.
Susan Walston believed this was the agreement between the City Manager and the Sheriff some time ago.
Information shall be provided relative the salaries of Judicial Caseworkers in surrounding communities. A
spread sheet shall be provided showing the differential and expectations between the positions.
The Chief Operating Officer shall review (in detail) the aforementioned memorandum with the City Manager
and prepare a report.
ITEM # 52656
Last evening, June 7, 2004, Councilman Reeve and Barry Knight - Planning Commissioner representing the
Princess Anne District, met with applicable landowners which comprise the majority of the properties both
commercial and residential, of the land known as "Downtown Pungo ". The topic of the discussion was a
"Vision for Downtown Pungo ". Councilman Reeve has spoken informally to many of the landowners in the
last year.
June 8, 2004
- 5-
CITY COUNCIL COMMENTS
ITEM # 52656 (Continued)
The Transition Area Guidelines and the Comprehensive Plan mention and label as a destination point:
"Village of Pungo ". The landowners are in agreement to improve the area and have a formal structure
similar to the Transition Area Technical Review Committee, but as the owners of the land, they wish to have
an active participation in this Committee, The Strawberry Festival is a huge attraction. Pungo has historical
significance and is a "gateway" to the southern portion of the City. The landowners also wish to maintain
the uniqueness of Pungo. These concerns will also be addressed to the Planning Commission Members on
June 9, 2004. Councilman Reeve requested Council's support for the creation of this Committee.
Councilman Reeve advised this study would be independent of the Joint Land Use Study (JLUS).
Council Lady McClanan referenced residents who wish to have Pungo remain as is, the old Princess Anne
County traditional approach. The developers will have to confer with these residents. As development
proceeds to the South, infrastructure up to this point has not occurred in a cohesive, progressive manner.
Mayor Oberndorfinquired if a portion of the study would entail still having a thriving agricultural industry?
Mayor Oberndorf believes the residents who are actively engaged in farming or have lived there all their
lives should also comprise the membership of this proposed Committee.
Councilman Schmidt expressed concern relative development below Indian River Road.
Councilman Wood believes the members should organize themselves separate limn the City as did the
Central Business District.
Councilman Reeve advised natural boundaries to the District would be established. The process would be
open. The landowners wish a Village Center, not a Town Center.
June 8, 2004
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AGE N DA REV I E W S E S S ION
3:54 P.M.
ITEM # 52657
J.1 Ordinance to AMEND and REORDAIN the City Code:
a. ii28-28, 28-29, 28-30, 28-31, 32.5-2, 32.5-4, 32.5-
5,32.5-6,37-16,37-53, and 37-54 rewater, sewer and
stormwater fees by revising provisions for billing,
payment and interest on late payments
Councilman Wood requested the City Attorney DRAFT a Revision, as he does not believe it right to penalize
a property owner if a tenant does not pay their sewer bill by placing a lien on the home. Councilman Reeve
referenced the amendments:
Addition of Section (c), lines 78, 79 and 80.
"(0. Notwithstandinz the above, no lien for unvaid sewer
charzes shall be recorded unless the charzes were
incurred bv an owner of the vrovertv. "
Associate City Attorney Larry Spencer, advised there is no provision in the State Code to assess residents
for water service; however, there are provisions for sewer service assessments.
Charles Meyer, Chief Operating Officer, advised the proposed Code changes will provide for the combined
billing of storm water, water and sanitary sewer charges. Benefits of the combined billing system will include
cost savings to the City by eliminating printing, mailing and remitting separate storm water bills. There are
a few instances in the City where customers have sewer and not city water. These instances are being
addressed in this revision.
Tom Leahy, Acting Director - Public Utilities, advised there are approximately 130,000 water customer
accounts. Only approximately 300 are sewer "only". The language in the Ordinance mirrors State law.
When the City has a "sewer only" customer who refuses to pay, a civil judgement is sought against the
customer, not against the property owner.
ITEM # 52658
J.1 Ordinances to AMEND and REORDAIN the City Code
b. ,\\'2-108 and 2-132 re probation period of certain
9-1-1 Emergency Communication Employees
Councilman Diezel is concerned as the new level Emergency Medical Response employees are not included.
This ordinance shall be DEFERRED, until the City Council Session of June 22, 2004.
June 8, 2004
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AGE N DA REV I E W S E S S ION
ITEM # 52659
BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA:
ORDINANCES/RESOLUTION
J.1 Ordinances to AMEND and REORDAIN the City Code:
a. 928-28,28-29, 28-30, 28-31, 32.5-2, 32.5-4, 32.5-
5,32.5-6,37-16,37-53, and 37-54 re water, sewer and
stormwater fees by revising provisions for billing,
payment and interest on late payments
b. ,112-108 and 2-132 re probation period of certain 9-1-
1 Emergency Communication Employees
J.2. Resolution ESTABLISHING a policy re the connection of
private utilities in rural areas for public water and sanitary
sewer systems.
J. 3. Ordinance to GRANT permits for area private, municipal and
non-profit EMS organizations to operate in Virginia Beach:
a. Children's Hospital of the King's Daughters
b. Eastern Shore Ambulance
c. Lifeline Ambulance Service, Inc
d. Medical Transport
e. Network Medical
.f Nightingale Regional Air Ambulance
J.4. Resolution to support on Amendment to the State Budget re
additional funding for Firefighters and fire safety
J.5. Ordinances re Town Center:
a. AMEND the Special District and MODIFY the
District Boundaries
b. APPROPRIATE $338,553 additional property tax
and $73,387 realized revenuefrom use to the Special
District Special Revenue Fund
J.6. Ordinance AUTHORIZE additional full-time positions and
eliminate part-time positions in the FY 2004-05 operating budget
of the Library Department to reduce stajfturnover at the Pungo-
Blackwater Library
J. 7. Ordinance to ACCEPT and APPROPRIATE $7,890 from the
Institute of Museum and Library Services re Conservation
Assessment of the Adam Thoroughgood House
June 8, 2004
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AGE N DA REV IE W S E S S ION
ITEM # 52660
J.8. Ordinance to APPROPRIATE $38,304 from various cost
recovery sources and $4,505 in donations to the Fire
Department's FY 2003-04 operating budget re reimbursement of
expenses and to purchase equipment.
J.9. Ordinance to ACCEPT and APPROPRIATE:
a. $30,505 federal block grant to the FY 2003-04
operating budget of the Department of Juvenile
Probation re multi-systemic therapy
b. $47,937 to the Department Parks and Recreation for
the Youth Opportunities office to expand the
Transitional Jobs program for juvenile parolees
c. TRANSFER $8,7 J 6 to the FY 2003-04 operating
budget of the Department of Parks and Recreation to
further expand their Transitional Jobs program.
J J 0 Ordinance to TRANSFER $ 364,000 from the General Fund re
contingencies to the FY 2003-04 operating budget re fully
funding the Real Estate Tax Relief program
Item J.J.a will be ADOPTED, AS REVISED, BY CONSENT
Item J.J.b. will be DEFERRED, BY CONSENT, until the City Council Session of June 22,2004.
June 8, 2004
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AGE N DA REV I E W S E S S ION
ITEM # 52660 (Continued)
K. 9. Application of the City to AMEND the City Zoning Ordinance
(CZO) ~'401 re bulk storage of earthen minerals as a conditional
use in Agricultural Zoning (AG) Districts
Councilman Reeve requested this item be WITHDRA WN. Issues had been brought to his attention regarding
parity and conditional uses in Agricultural Districts. Currently, only bulk storage is allowed in the 1-2 and
1-2 Industrial Districts and the B-2 Community Business District. The proposed amendment would allow bulk
storage of earthen materials as a Conditional Use in the AG-1 and AG-2 Agricultural Zoning Districts. The
Agricultural Advisory Commission conducted a Special Session regarding this amendment and did not
support same. The Planning Commission recommended DENIAL of this Ordinance.
ITEM # 52661
BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA:
PLANNING
K.1. Variance re to certain elements of the Subdivision Ordinance for
WAYNE T. and ANN M, BARNES and OPAL M. PONVERT
to create five (5) parcels, including a Public Utilities Pumping
Station at 3715 and 3713 Little Neck Point
(DISTRICT 5 - L YNNHA VEN)
K.2. Application of SEA GA TE DEVELOPMENT CORPORA TlON
re modification of a nonconforming use to demolish the current
building, create a freestanding Dairy Queen, public restrooms
and parking at 703 Atlantic Avenue
(DISTRICT 6 - BEACH)
K.3 Application ofWDR PROPERTIES, INC.fora Moditication of
Conditions for a Conditional Use Permit approved by City
Council November 25, 2003, for automobile sales and rental
(WDR Properties, Inc.), at 5657 Shore Drive
(District 4 - BA YSIDE)
K.4. Application of 21 FUN, L.L.c. DBA SHARX SPORTS for a
Conditional Use Permit for an eating and drinking establishment
at 21121" Street and Pacific Avenue
(DISTRICT 6 - BEACH)
K.5. Application of JESSUP CONSTRUCTION L.L.C.fora Chanf!e
of Zoninf! ji'om R-40 Residential District to Conditional R-30
Residential District at 1017 Harris Road.
(DISTRICT 5 -LYNNHAVEN)
June 8, 2004
- ]0-
AGE N DA REV IE W S E S S ION
ITEM # 5266] (Continued)
K.6. Application ofBAYMARK CONSTUCTION CORPORATION
for a Chanrze of Zoninrz District Classification from 0-2 Office
District to Conditional A-36 Auartment District at Wildwood
Drive, west (Jf Stratford Drive.
(DISTRICT 5 - L YNNHA VEN)
K. 7. Application of COURTHOUSE MARKETPLACE, L.L.C.for a
Chanf!e of Zoninrz District Classification from AG-1. AG-2
Arzricultural District and B-1 Neirzhborhood Business District
with Historic and Cultural District Overlays to Conditional B-2
Communitv Business District with a Historic and Cultural
District Overlav at Princess Anne Road and Nimmo Parkway.
(DISTRICT 7 - PRINCESS ANNE)
K.8. Application of DAVID A, PARKER for a Chanrze of Zoninrz
District Classification from R-5S Residential Sinf!le Fami/v
District to RT-3 Resort Tourist District at 408 Winston Salem
Avenue.
(DISTRICT 6 - BEACH)
K. 9. Application of the City to AMEND the City Zoning Ordinance
(CZO) !y'40] re bulk storage of earthen minerals as a conditional
use in Agricultural Zoning (A G) Districts
Councilman Wood DISCLOSED andABSTA1NED Pursuant to Conflict of Interests Act.li 2.2-3]] 5 (E) Re
Item K.4 (21 FUN L.L.c. DBA SHARXSPORTS). Councilman Wood has an ownership interest inJD&W,
Inc. JD&W, Inc. has performed workfor related business entities of2] Fun, L.L.C and is currently
negotiating construction projects with 2] Fun, L.L. C Councilman Wood's letter of May ] ], 2004, is hereby
made a part of the record.
Council Lady Wilson DISCLOSED Pursuant to Conflict of Interests Act S' 2.2-3] 15 (H). Re Item K.5.
(Application of JESSUP CONSTRUCTION L.L. C. for a Chanrze ofZoninrz from R-40 Residential District
to Conditional R-30 Residential District at ] 0] 7 Harris Road.) Jessup Construction L.L. C is a client of
Prudential Decker Realty. Council Lady Wilson has a personal interest in Prudential Decker Realty arising
out of her receipt of commissions from Prudential Decker Realty. The City Attorney has advised although
she has a personal interest in this transaction, hecause she does not personally provide services to Jessup
Construction L.L. C, Council Lady Wilson may participate without restriction in City Council's discussion
and vote on this transaction. Council Lady Wilson's letter of May 25, 2004, is hereby made a part of the
record.
Item K.9 shall be WITHDRA WN, BY CONSENT
June 8, 2004
-Il-
ITEM # 52662
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 ofspecificpublicoffzcers, appointees
or employees pursuant to Section 2.2-3711 (A) (1).
Appointments: To Wit: Appointments: Boards and Commissions:
Arts and Humanities Commission
Chesapeake Bay Preservation Area Board
Health Services Advisory Board
Human Rights Commission
Social Services Board
LEGAL MA TTERS: Consultation with legal counselor briefings by staff members,
consultants, or attorneys pertaining to actual or probable litigation, or other specific
legal matters requiring the provision of legal advice by counsel pursuant to Section
2.2-3711 (A)(7).
Newlight Associates, Inc. v. City of Virginia Beach, et al
Upon motion by Councilman Maddox, seconded by Councilman Schmidt, City Council voted to proceed
into CLOSED SESSION (5:47 P.M.).
Voting: Il-O
Council Members Voting Aye:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve,
Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
None
(Closed Session: 4:43 P.M. - 5:47 P.M.) (Dinner: 5:47 P.M. - 6:00 P.M.)
June 8. 2004
-12 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
June 8, 2004
6:05 P.M.
Mayor Meyera E. Oberndorfcalled to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 8, 2004, at 6:05 P.M.
Council Members Present:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorj; Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Absent:
None
INVOCATION: Reverend David Howard (was not present due to illness of parishioner)
Pastor, Brook Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman
and Company and is directly and indirectly involved in many of Goodman and Company's transactions.
However, due to the size of Goodman and Company and the volume of transactions it handles in any given
year. Goodman and Company has an interest in numerous matters in which her husband is not personally
involved and of which she does not have personal knowledge. In order to ensure her compliance with both
the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to
thoroughly review the agenda for each meeting o{City Council for the purpose of identifying any matters
in which she might have an actual or potential conflict. if, during her review she identifies any matters, she
will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council.
Council Lady Wilson regularly makes this disclosure. Council Lady Wilson '.I' letter of January 27, 2004, is
hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker
Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of
transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not
personally involved and of which she does not have personal knowledge. In order to ensure her compliance
with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her
practice to thoroughly review the agenda for each meeting of City Councilfor the purpose of identifying any
matters in which she might have an actual or potential conflict. if, during her review she identifies any
matters, she will prepare andfile the appropriate disclosure letter to be recorded in the official records of
City Council. Council Lady Wilson regularly makes ths disclosure. Council Lady Wilson's letter of January
27, 2004, is herehy made a part of the record.
June 8, 2004
- 13-
Item V-E.1.
CERTIFICATION OF
CLOSED SESSION
ITEM # 52663
Upon motion by Councilman Maddox, 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 exemptedjrom 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;
11-0
Council Members Voting Aye:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox. Mayor Meyera E. Oberndorf; Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 2004
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuantto the
affirmative vote recorded in ITEM # 52662, page II, and in accordance with the provisions of The
Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3711 (A) of the 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.
~~.d--
th Hodge Smith, MMC
City Clerk
June 8, 2004
-14 -
Item V-F. 1.
MINUTES
ITEM # 52664
Upon motion by Councilman Schmidt, seconded by Councilman Reeve, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL FORMAL SESSIONS of June 1, 2004.
Voting:
11-0
Council Members Voting Aye:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorj: Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 2004
-15 -
Item V-G.1.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 52665
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
June 8, 2004
- 16-
Item V-H.1.
PUBLIC HEARING
ITEM # 52666
Mayor Oberndorf DECLARED A PUBLIC HEARING:
Special District Proposed Modification to the Boundaries at Town Center
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
June 8, 2004
- 17-
Item J.
ORDINANCES/RESOLUTION
ITEM # 52667
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED in ONE
MOTION Ordinances/Resolution 1 a (REVISED), 1 b. (DEFERRED), 2, 3a/b/c/d/elf, 4, 5 a/b, 6, 7, 8, 9a/b/c
and 10 of the CONSENT AGENDA.
Item J.l.a. was ADOPTED, AS REVISED, BY CONSENT
Item J.J.b.was DEFERRED, BY CONSENT, until the City Council Session of June 22,2004.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf,' Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 2004
-]8 -
Item J.I.a.
ORDINANCES/RESOLUTION
ITEM # 52668
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED, AS
REVISED:
Ordinance to AMEND and REORDAIN the City Code:
a. :,'28-28, 28-29, 28-30, 28-3], 32.5-2, 32.5-4, 32.5-
5,32.5-6,37-]6, 37-53, and 37-54 re water, sewer and
stormwater fees by revising provisions for billing,
payment and interest on late payments
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E, Oberndorf; Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 2004
1 AN ORDINANCE TO AMEND AND REORDAIN THE CITY
2 CODE PERTAINING TO WATER, SEWER AND STORMWATER
3 FEES BY REVISING PROVISIONS FOR BILLING,
4 PAYMENT AND INTEREST ON LATE PAYMENTS
5 SECTIONS AMENDED: gg 28-28, 28-29, 28-30, 28-
6 31, 32.5-2, 32.5-4, 32.5-5, 32.5-6, 37-16, 37-
7 53 AND 37-54
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11
That Sections 28-28,28-29,28-30,28-31,32.5-2,32,5-4,
12 32.5-5, 32.5-6, 37-16, 37-53 and 37-54 of the City Code are hereby
13 amended and reordained, to read as follows:
14 Chapter 28
15 SEWERS AND SEWAGE DISPOSAL
16 Sec. 28-28. Billing.
17
(a) The director of public utilities is hereby authorized to
18 bill each customer, for charges due the city under this article, no
19 less frequently than on a bimonthly basis. If the customer also
20 receives water service from the city, charges provided for by this
21 article may be included in the billL re"dered pursual,t Lo ar'ci.cle
22 II vI vLu!-,Lc;.L J"7 vI tLi.3 Code. alona with stormwater manaoement
23 charqes levied pursuant to Chapter 32.5; provided that all charqes
24 shall be separate Iv stated. The combined bill shall be issued for
25
one total amount.
The director of public utilities is hereby
26 authorized and directed to create policies and procedures for the
27 efficient billinq and collection of the combined bill, includinq a
28 policv for allocatino pavments to the separate charoes stated on
29 the combined bill.
30
(b)
The department of public utilities shall mail or deliver
31 all bills for charges prescribed by this article, but failure to
32 receive such bills shall not prevent the discontinuance of service,
33 if the amount due is not paid within the time limits set forth in
34 this article.
35
36
37
Sec. 28-29.
When due and payable; notice of and interest on
delinquency.
38 All bills for charges prescribed by this article shall be due
39 and payable Leu (10) thirtv (30) days from the date of the bi117.L.
40 and All 5UC), b~llw shall be deemed delinquent if not paid in full
41 within such time. w~Ll,~u L),~LLj (JO) days vf LlB" d6Le of ~),e bill.
42 A notice of such delinquency shall be mailed to the owner or
43 occupant of the premises, directing such owner or occupant to show
44 cause why the premises should not cease discharging sewage or
45 waste, directly or indirectly, into the public sewer system.
46 Illtere.=,t 011 all t1U1-'Cl~J, i-"Q..:JL Jut::: L':'ll~ 6L&11 dCCLue at tLe rate of
47 oue 1-'e.L:c..euL per ILLOlltL.
48
49
50
Sec. 28-30.
Discontinuing service and assessina penaltv for
failure to pay.
51
(a)
If, within two (2) months of the dtte date of a bill
52 therefor, all charges 6ud ~"LCLcwL provided for in this article are
2
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
not paid, the water supply to the premises, if furnished by the
city, shall be disconnected pursuant to section l~.l 321 15.2-2119
of the Code of Virginia, and such charges shall become a lien
against the property, rankinG on a parity with liens for unpaid
taxes, and shall be collected accorJ~uy La as provided by section
l~.l 321 15.2-2119 of the Code of Virginia, If water service is so
disconnected, arrearage and a -Lc:,-,vuU~GL~Ol1 delinquent service fee
shall be paid in accordance with section 37-54 of this Code.
(b) Tf-a For premise~ ~ not supplied water by the city, the
sewer service to such premises shall be disconnected, if a bill for
charges al,d il,t~L~w L under this article is not paid wi thin two (2)
months of the due date,
amount of ten dollars
and a penalty shall be assessed in the
($10.00) ,
If sewer service is so
disconnected, it shall not be reinstituted until payment is made to
the city for all arrearage, plus the actual cost to make the
reconnection, plus twenty-five -tZ-5T per cel,t percent (25%) of such
cost as an administrative charge.
Such charoes and penalty shall
become a lien on the property, ran kino on a parity with liens for
unpaid taxes and shall be collected as provided by section 15.2-
2119 of the Code of Viroinia.
(c) Notwithstandino the above. no lien for unpaid sewer
charoes shall be recorded unless the charoes were incurred by an
owner of the property.
3
77
78
79
80
81
82
83
84
85
86
87
88
89
90
Sec. 28-31. Account initiation and reestablishment charge.
(a) \JLe" 6 cd3toluer For each new account established for a
propertv not connected to city water-L- ope"",, 6" 6GGOu"L fOL G~ty
";'C;;WC-L 6.eivi.c..e ol!ly, .stIer. ......u..:lLvwc::.L there shall be CLaL'::jed a fee of
twenty dollars ($20.00) to cover costs connected with the
establishment of the account.
(0) HLeu ~eVVe.L ~e.L vice ouly La dill ().Lelll~~e.s ~~ d~6,-,OuL~uuc;d
Iv.!.. au)' .Lc6...!>Ou, LLe.L'C ~L6.11 Lc:: d LvvE'::uLy Julla..L (020.00) cLarge for
re..:.tO.L:il!g .3ucL .!lervice.
When the account is discontinued or a
service is inactivated for anv reason, there shall be a twentv
dollar ($20.00) charae for re-establishina the account or service,
Chapter 32,5
STORMWATER MANAGEMENT UTILITY
91 Sec. 32.5-2. Definitions.
92
93
94
95
96
97
98
99
100
The following words and terms used in this section shall have
the following meanings:
(e) Developed residential property means a developed lot or
parcel containing at least one (1) but no more than four (4)
residences or dwelling units, and accessory uses related to but
subordinate to the purpose of providing permanent dwelling
facilities. Such property shall include houses, duplexes,
triplexes, qU6dLopleAc~ auadruplexes, townhouses and mobile homes.
4
101
102 (1) Utility fees means the monthly service charges based upon
103 the ERU rate applied to property owners or occupants, includinq
104 condominium unit owners or tenants (when the tenant or occupant is
105 the party to whom water and sewer service is billed) , of developed
106 residential property, developed multifamily residential property
107 and developed nonresidential property, all as more fully described
108 in section 32.5.4.
109
110
Sec. 32.5-4.
Imposition of utility fees.
122 Sec. 32.5-5. Billinq and payment, interest, liens.
5
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
(a) The utility fee is to be paid by the owner of each lot or
parcel subj ect to the utility fee; provided. however. where a
tenant or occupant is the person to whom water or sewer service. or
both. are billed. the utilitv fee mav be charGed to such tenant or
occupant.
In any case in which a tenant or occupant fails to pay
utility fees. the delinquent utility fees shall be collected from
the owner of the property. Util~L'y fee.=, EaL cOlldoluil!iuHl uu~L6, ~[
..c:eque.steJ L'y LLe c.olldollliu":"uHl u.~~o("~6LioUf .3Lall Lc; vL6..Lged L(, tLe
GOlldOlLLil.Liuw 6.000C.i.6tiol!.
All properties, except undeveloped
property, shall be rendered bills or statements for stormwater
services by tLe J~t-'UL Lw~"L of i>ubl~c work~. Such bills or
statements may be combined with water and sewer bills levied
pursuant to Chapters 28 and 37. provided that all charGes shall be
separately stated. The combined bill shall be issued for one total
amount. The director of public utilities is hereby authorized and
directed to create policies and procedures for the efficient
billinG and collection of the combined bill. includinG a policy for
allocatinG payments to the separate charGes stated on the combined
bill.
(b) The bills or statements shall include a date by which
payment shall be due. All bill.., or stater"el,ts sLall be r"ailed at
least tLirtjl (30) day.'\ pr ior to tLe payr"el,t due da te ..,tated
tLereo". All bills for charqes prescribed bv this article shall be
due and payable thirty (30) days from the date of the bill and
6
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
shall be deemed delinquent if not paid in full within such time.
POYlLLel!to..=> .LeGeivc:J 6.fteJ::: tLc: Jue da.te vI LLe bill ..:lLall be.: !:'ubjc::\...-L
to ~uL(...Le.st al 6. .Late e..:>L6.bl";"~Led by v-LJ~l1al!c..e of LLe G";"ty coul!v~l.
-tad Billing for the utility fee shall be rendered 01, a
quart~Lly ba.5i3, in dd<lal,Ce, arrears to all chargeable prop~LL'y
O",,1,er3 persons and shall represent charges for each wu,,'cL day of
the ..,ucc~~J':',,'J quarter precedinq billinq period of stormwater
service, and any unpaid balances and interest on an account.
ib9J... Any bill which has not been paid by the due date shall be
deemed delinquent, and the account shall be collected by t-h-e
Je(>6L Lwe" t of !c'uLl':'c wOi k.-; any means available to the city. Notice
to the owner shall be provided in every case when stormwater
charqes incurred by a tenant or occupant become more than ninety
(90) days delinquent.
recovered by action at
All payments and interest due may be
law or suit in equity. Unpaid fees and
interest accrued shall constitute a lien against the property,
ranking on a parity with liens for unpaid taxes. Records of all
unpaid fees and interest, indexed by the name of the record owner
of the real estate, shall be maintained in the city treasurer's
office.
-fetl In the event charges are not paid when due, interest
thereon shall commence on the due date and accrue at the rate of
ten +re+ percent (10%) per annum until such time as the overdue
payment and interest is paid.
7
171 +dil When developed properties are brought into the utility,
172 fees will accrue commencing with the release of the final plumbing
173 inspection for the property. In the absence of a plumbing
174 inspection, utility fees will accrue commencing with release of the
175 final building inspection for the property. A bill will be issued
176 in the next billing cycle and will be prorated for the number of
177 full wOl,tL3 davs in which service was provided.
178 -fe.9.l. In the event of alterations or additions to developed
179 multifamily property or developed nonresidential property which
180 alter the amount of impervious surface area, the utility fees will
181 be adjusted upon release of the final plumbing inspection. In the
182 absence of a plumbing inspection, utility fees will be adjusted
183 upon release of the final building inspection. A bill will be
184 issued in the next billing cycle and will be prorated for the
185 number of full r"ouLL3 davs in which service was provided.
186
187 Sec. 32.5-6. Adjustment of fees, exemptions,
188
189
190
191
192
193
194
(a) Full waiver of the utility fee shall be provided to
properties owned by federal, state, and local government agencies
when those agencies own and provide for maintenance of storm
drainage and stormwater control facilities.
(b) Any owner. tenant or occupant who has paid his utility
fees and who believes his utility fees to be incorrect may submit
an adjustment request to the c~Ly r"al,ageL director of public works
8
195
or his designee.
Adjustment requests shall be made in writing
196 setting forth, in detail, the grounds upon which relief is sought.
197 Response to such adjustment requests, whether providing an
198 adjustment or denying an adjustment, shall be made to the OWl"",r
199 requestinq person by the city h,al,ager director of public works or
200 his designee within sixty (60) days of receipt of the request for
201 adjustment.
202
203
204
Chapter 37
205
WATER SUPPLY
206 Sec. 37-16. Account initiation and reestablishment charges.
207
(a)
For each new account established. 'f'.there shall be a
208 twenty dollar ($20.00) fee charged <00,,__1, "<ow c.-U.oLVW<OL to cover
209 administrative costs connected with establishing a water account
210 with the city.
211
lQl When the account is discontinued or a service is
212 inactivated for anv reason. there shall be a twentv dollar ($20.00)
213 charqe for re-establishinq the account or services.
214
(b~) All owners or their authorized agents, after knowledge
215 that their premises have been vacated, shall promptly notify, ~
216 W.L ~ L~"y, the department of public utili ties to shut off the
217
COll.sUlLl<!:L:
supply
of
water
thereto.
Upon
receipt
of
such
218 notification, the department of public utilities shall effectually
219 shut off the water to such premises and at the same time record the
9
220 reading of the meter. When the service is so shut off, there shall
221 be a twenty dollar ($20.00) charge for restoring such service.
222
(eg) Any ~V"';UW~.L customer may keep his water service intact
223 during the vacancy of any premises by paying the minimum meter
224 maintenance charges and minimum water usage charges set forth in
225 article II of this chapter.
226
(dg) Where it is necessary to remove a meter, or where the
227 removal of a meter is requested by the owner of the premises or his
228 authorized agent, the charge for reinstallation of the meter shall
229 be twenty-five dollars ($25.00) for all meters up to two (2) inches
230 and, for all meters two (2) inches or greater, the charge shall
231
include the cost in labor,
materials and equipment,
plus
232 twenty-five iT5T percent (25%).
233
(e.f) Whenever water service is abandoned, the charges for
234 reconnect ion of service shall be as provided for in section 37-7.
235
236
237
Sec. 37-53.
Frequency of billing; sewer and stormwater charges
may be included.
238
(a)
The director of public utilities shall bill all GOu~UWeL.;'
239 customers no less frequently than bimonthly, in accordance with
240 their location in the city, for water service rendered.
241
(b)
The director of public utilities is authorized to send
242 one bill for water usage and meter maintenance charges, along with
243 charges for sewer system maintenance, to those customers who are
244 provided with both services, and stormwater manaaement charaes
10
245
levied pursuant to Chapter 32.5;
provided, however, that all
246
charaes shall be separatelv stated.
The combined bill shall be
247 issued for one total amount. The director of public utilities is
248 hereby authorized and directed to create policies and procedures
249 for the efficient billina and collection of the combined bill.
250 includina a policy for allocatina payments to the separate charaes
251 stated on the combined bill.
252
253
254 Sec. 37-54. When due and payable; delinquency.
255
(a) All bills for charges prescribed in Qy this article shall
256 be due and payable within L~u (10) thirty (30) days from the date
257 of the bil17.L and If .!:.u......L L~ll 1.3 uvL paiJ VVLe:ll due, LLe COU..:lUWer
258 shall be deemed delinquent tLiLLy (30) Jay'; afL~L LLe dat~ of tLe
259
b-H:+ if not paid in full wi thin such time.
The department of
260 public utilities shall notify the G01,~uw~L customer, in writing, of
261 such delinquency, and shall direct the '-'VU';UH,er customer to show
262 cause, within fifteen (15) days, why his water service should not
263 be discontinued.
264
(b)
Failure to receive a bill for charges prescribed by this
265 article shall not prevent the discontinuance of service in accord
266 with the provisions of this section.
267
kL If. within forty-five (45) days of the date of a bill.
268 all charaes and interest provided for in this article are not paid.
269 a twenty dollar ($20.00) delinauent service fee shall be applied to
11
270 the account and the water supplv to the premises shall be
271 disconnected.
272 (cg) When water service is discontinued pursuant to this
273 section, water shall not again be turned on until all arrearages
274 and charges have been paid, including a dWLge the delinauent
275 service fee of twenty dollars ($20.00) for LUUL;'"g ~Lc WaLCL 01., if
276 the premises are occupied by the same cO",',W"'OL customer who
277 incurred the bill; provided, that any C01.,',uweL customer delinquent
278 or in arrears shall settle all past indebtedness, wherever
279 incurred, before again being served city water.
280
281 Adopted by the City Council of the City of Virginia
282 Beach, Virginia, on this 8th day of June, 2004.
12
- 19-
Item J.Lb/
ORDINANCES/RESOLUTION
ITEM # 52669
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council DEFERRED until the
City Council Session of June 22, 2004:
Ordinance to AMEND and REORDAIN the City Code:
b. SI]'2-108 and 2-132 re probation period of certain 9-1-1
Emergency Communication Employees
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorj; Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 2004
- 20-
Item J.2.
ORDINANCES/RESOLUTION
ITEM # 52670
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Resolution ESTABLISHING a policy re the connection of
private utilities in rural areas for public water and sanitwy
sewer ,\ystems.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and
James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 2004
1
2
3
4
5
6
A RESOLUTION ESTABLISHING A POLICY
CONCERNING THE CONNECTION OF
PRIVATE UTILITIES IN THE RURAL
AREA OF THE CITY TO THE PUBLIC
WATER AND SANITARY SEWER SYSTEMS
7
WHEREAS, in accordance with City policy, the Department of
8 Public Utilities has consistently declined to allow connections
9 to the public water or sanitary sewer system in the portion of
10 the City referred to as the "Rural Area," such area consisting
11 of that portion of the City located below the Green Line and not
12 in the Princess Anne/Transition Area; and
13
WHEREAS, the 2003 Comprehensive Plan provides, in pertinent
14 part, that "residents of the city, whether urban or rural,
15 deserve reasonable response to basic health, safety and welfare
16 concerns due to existing or longstanding conditions;" and
17
WHEREAS, from time to time, circumstances arise in the
18 Rural Area in which the health, safety and welfare of the
19
inhabitants
of property
is
endangered by
reason of
the
20 unavoidable failure of on-site utilities; and
21
WHEREAS, it is the intention of the City Council to respond
22 to such situations by allowing properties in the Rural Area to
23 connect to the public water or sanitary sewer system only under
24 strict conditions ensuring that such connections are made only
25 as a means of alleviating threats to the health, safety and
26 welfare of the residents or occupants of an existing home or
27
business
and not
to
facilitate
new or greatly expanded
28 development in the Rural Area; and
29 WHEREAS, the Department of Public Utilities has developed a
30 proposed policy governing connections to the public water or
31 sanitary sewer system in the Rural Area; and
32
WHEREAS, such policy strictly limits the circumstances in
33 which properties located in the Rural Area may connect to the
34 City's public water or sanitary sewer systems;
35
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
36 OF VIRGINIA BEACH, VIRGINIA:
37 FIRST:
38
That the Policy Report entitled .Private Utilities in the
39 Rural Area Connecting to the Public Water and Sanitary Sewer
40 System," which Policy Report is appended to this Resolution, is
41 hereby approved as a policy of the City of Virginia Beach; and
42 SECOND:
43
44
That as set forth in the aforesaid Policy Report, the
following
provisions
shall
constitute
the
City's
policy
45 governing connections to the public water and sanitary sewer
46 systems by properties in the City's Rural Area:
47
48
49
1.
The Department of Public Utilities shall not extend
public water or sanitary sewer infrastructure into the
Rural Area.
2
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
2.
The Department of Public Utilities shall allow private
utilities in the public right-of-way that connect a
Rural Area property to the public water or sanitary
sewer system only if all of the following requirements
are met:
a.
There is adequate capacity in the public system
at the point of connection to acconunodate the
additional flow;
In the written opinion of the Virginia Department
of Health, the existing on-site utilities are
failing, or likely to fail, and there are no
alternatives that would be approved and permitted
by the Virginia Department of Health;
The principal use of the property served by the
existing on-site utilities is not changed; and
b.
c.
d.
(i)
an existing
The extension is
to serve
development; (ii) the reconstruction or expansion
of an existing commercial development resulting
in a total floor area no greater than double that
of the development prior to the expansion; (iii)
the reconstruction or expansion of an existing
residential
development
where
no
additional
dwelling
units
(iv)
constructed;
are
or
a
3
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
3.
4.
development which is the subject of an approved
site plan which remains valid as of the date of
adoption of this policy.
To
the
possible
normal
consistent
with
extent
5.
engineering design principles, the private utilities
shall be sized to serve only the development approved
for connection to the public system.
The cost of the private utilities (i.e., construction
and operation and maintenance) shall be paid for by
the owner or occupant of the property served by such
utilities.
The owner and occupant of the property shall enter
into an encroachment agreement with the City, which
agreement shall be in form and substance acceptable to
the Director of Public Utilities and City Attorney and
shall, at a minimum, contain the following provisions:
(a) The property owner or occupant shall, at all
times, maintain the private facilities in good
working order.
If the City concludes that the
property owner or occupant have not maintained
the private facilities in the public right-of-way
to the satisfaction of the City, the City may,
either singly or in combination: (i) order the
4
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
owner
or
occupant
to
repair
private
the
utilities,
(ii)
repair,
or contract for the
repair of, the private facilities and charge the
costs to the property owner or occupant, or (iii)
order the owner or occupant to remove the private
utilities from the public right-of-way;
b. If public utilities are extended to the property,
the owner or occupant shall abandon the private
facilities and connect to the public facilities
in accordance with applicable City ordinances;
The site plan for the proposed development shall
c.
be incorporated by reference into the agreement,
which shall allow only that development shown on
the approved site plan; and
d.
future
development
of
the
property not
No
6 .
expressly contemplated by the agreement shall be
allowed unless expressly approved pursuant to
this Policy.
The City may, at its discretion, and where feasible,
require other property owners or occupants seeking to
install private utilities in the public right-of-way
to enter into a cooperative agreement to provide for
5
118
119
120
121
122
123
124
125
126
the construction and maintenance of a single, combined
private utility line.
7.
All applicable connection fees and utility charges
shall be paid in accordance with normal City operating
practices and in any event, prior to the connection of
the property to the public system.
Adopted by the City Council of the City of Virginia Beach,
Virginia,
day
of
the
June
2004.
8th
on
CA-9162
H:\OID\ordres\6-8 utility policyres,doc
R-3
June 2, 2004
]J;:; OONT~T,
Public UUliu::L/:f:h ]JJ.:
APPROVED AS TO LEGAL SUFFICIENCY:
0) Jj;; /~ IYbJ
City Attorney's Office
6
~A'BE1~~
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Policy Report
Private Utilities in the Rural Area Connecting to the
Public Water and Sanitary Sewer System
June 8, 2004
Backaround:
The purpose of this Policy Report is to propose a revision to the City's policy with respect to allowing
private utilities located in the Rural Area of the City to connect to the public water or sanitary sewer
system located north of the Green Line or in the Princess AnnelTransition Area. It is submitted for review
and approval by City Council.
From time to time, the Department of Public Utilities has been asked to approve the installation of
privately-owned utility lines in the public right-of-way for the purpose of connecting a property to the public
water or sanitary sewer system. Atthough this practice is discouraged, it is generally allowed north of the
Green Line if there are no practical means to serve the property with the public system, and if the on-site
systems are not providing an acceptable alternative.
In accordance with the Comprehensive Plan, and because of prior decisions of City Council involving the
location of certain sanitary sewer lines. the Department of Public Utilities has not allowed or agreed to a
connection to the public system if the property was south of the Green Line or not in the Princess
AnnelTransition Area. However, in December 2003. the City adopted a new Comprehensive Plan that
contains additional guidance with respect to urban/suburban infrastructure in the vicinity of the Green Line
and Princess AnnelTransition Area boundaries.
Recently, Public Utilities has been asked to approve the installation of private sanitary sewer force mains
in the public right-of-way that would connect properties located in the Rural Area of the City to the public
sanitary sewer system located in the Princess Anne/Transition Zone and north of the Green Line. The
attached summary of the Sandbridge/Siebert Realty request to serve commercial activities is an example
of one such request.
In light of these requests and the revision to the Comprehensive Plan, staff from Public Utilities met with
staff from Planning and the Law Department to discuss alternatives.
Page 2 of 4
Considerations:
In December of 2003, the City of Virginia Beach adopted a new Comprehensive Plan. As in prior
versions, the plan reiterated the City's policy with respect to extending public infrastructure into the Rural
Area of the City. The Rural Area is defined as properties south of the Green Line and not in the Princess
AnnefTransition Area:
It has been a long-standing policy of the city not to allow the extension of urban
infrastructure into the rural area of the city. The Rural Preservation Plan allows reasonable
levels of rural residential development to continue into the foreseeable future thus ensuring that
demand placed on public facilities will remain at or below what is deemed acceptable for rural
communities.
Citv of Virainia Beach 2003 Comorehensive Plan, December 2003, page 165, (emphasis added).
However, the revised plan also included guidance that indicates such a policy should not be absolute:
. . . residents of the city, whether urban or rural, deserve reasonable response to basic health,
safety and welfare concerns due to existing or longstanding conditions. and the Green Line
is not intended to prevent investment to remedy such concerns. Some of these concerns may be
due to demand placed on facilities in the Transition Area or rural area that originate outside the
area or outside the city.
Ibid, page 33, (emphasis added).
Public Information:
The City's Comprehensive Plan review process provided extensive opportunity for public review and
comment prior to adoption of the plan, including the language on page 33. In addition, this Policy Paper
and the associated Council Agenda Request and Resolution have been advertised as part of the normal
City Council Agenda process, and a public hearing was held on May 11.
Alternative Courses of Action:
Staff identified three alternatives:
1. Retain the existing policy and do not allow the extension of Public Utilities into the Rural Area.
This would include not allowing any property owner in the Rural Area to connect to the public
system via private waterlines andlor force mains.
2. Do not extend public water and sanitary sewer into the Rural Area. However, modify the policy to
allow property owners in the Rural Area to connect to the public system via private waterlines
andlor force mains.
3. Do not extend public water and sanitary sewer into the Rural Area. However, modify the policy to
allow property owners in the Rural Area to connect to the public system via private waterlines
and/or force mains, subject to strict limitations based upon a bona-fide need and existing
development or reasonable expansions thereof.
Page 3 of 4
Alternative 1 would best preserve the Green Line and Princess Anne/Transition Area boundaries in
accordance with the overall goal of preventing urban/suburban development from encroaching upon
the Rural Area. However, it is not consistent with the Comprehensive Plan, which indicates that the
Green Line and Princess Anne/Transition Area boundaries should not be absolute when
circumstances involving hardships and existing development are present.
Alternative 2 could result in requests for many private water lines and sanitary sewer force mains
extending from the Rural Area across the Green Line and Princess Anne/Transition Area boundaries.
It would result in the de facto extension of urban/suburban infrastructure into the Rural Area and
could undermine the rural preservation objectives of the Comprehensive Plan.
Alternative 3 will likely result in some private utility extensions across the Green Line and Princess
AnnelTransition Area boundaries. However, if the policy exceptions are strict enough, and properly
enforced, there are likely to be few properties that would qualify and then, only due to bona fide
hardships involving existing development or reasonable expansions thereof (i.e., no greater than
double the floor area of the existing development). This would be consistent with the guidance
provided by the Comprehensive Plan.
Recommendations/Prooosed POlicv:
1. The Department of Public Utilities shall not extend public water or sanitary sewer
infrastructure into the Rural Area.
2. The Department of Public Utilities shall allow private utilities in the public right-of-way that
connect a Rural Area property to the public water or sanitary sewer system only if all of the
following requirements are met:
a. There is adequate capacity in the public system at the point of connection to
accommodate the additional flow;
b. In the written opinion of the Virginia Department of Health, the existing on-site utilities
are failing, or likely to fail, and there are no alternatives that would be approved and
permitted by the Virginia Department of Health;
c. The principal use of the property served by the existing on-site utilities Is not
changed; and
d. The extension is to serve (i) an existing development; (ii) the reconstruction or
expansion of an existing commercial development resulting in a total floor area no
greater than double that of the development prior to the expansion; (iii) the
reconstruction or expansion of an existing residential development where no
additional dwelling units are constructed; or (iv) a development which is the subject of
an approved site plan which remains valid as of the date of adoption of this policy.
3. To the extent possible consistent with normal engineering design principles, the private
utilities shall be sized to serve only the development approved for connection to the
public system.
4. The cost of the private utilities (i.e., construction and operation and maintenance) shall be
paid for by the owner or occupant of the property served by such utilities.
5. The owner and occupant of the property shall enter into an encroachment agreement
with the City, which agreement shall be in form and substance acceptable to the Director
of Public Utilities and City Attorney and shall, at a minimum, contain the following
provisions:
a. The property owner or occupant shaii, at aii times, maintain the private facilities
in good working order. If the City conciudes that the property owner or occupant
have not maintained the private facilities in the public right-of-way to the
satisfaction of the City, the City may, either singiy or in combination: (i) order the
owner or occupant to repair the private utilities, (ii) repair, or contract for the
repair of, the private facilities and charge the costs to the property owner or
occupant, or (iii) order the owner or occupant to remove the private utilities from
the public right-of-way;
b. If public utilities are extended to the property, the owner or occupant shaii
abandon the private facilities and connect to the public facilities in accordance
with applicable City ordinances;
c. The site plan for the proposed development shaii be incorporated by reference
into the agreement, which shall aiiow only that development shown on the
approved site pian; and
d. No future development of the property not expressly contemplated by the
agreement shall be allowed unless expressly approved pursuant to this Policy.
6. The City may, at its discretion, and where feasible, require other property owners or
occupants seeking to install private utilities in the public right-of-way to enter into a
cooperative agreement to provide for the construction and maintenance of a single,
combined private utility line.
7. All applicable connection fees and utility charges shall be paid in accordance with normal
City operating practices and in any event, prior to the connection of the property to the
public system.
Review and Approval:
JA:~nrn.
Director of Public Utilities
c ~ 2 -0 t-f
Date
Approved as to Legal Sufficiency:
wdIM)f)/l/~
City Attorney's Office
Date
& -d-tJy
- 21-
Item J.3.
ORDINANCES/RESOLUTION
ITEM # 52671
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance to GRANT permits for area private, municipal and
non-profit EMS organizations to operate in Virginia Beach:
a. Children's Hospital of the King's Daughters
b. Eastern Shore Ambulance
c. Lifeline Ambulance Service, lnc
d. Medical Tramport
e. Network Medical
f Nightingale Regional Air Ambulance
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and
James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 2004
1
2
3
4
5
6
7
8
9
10
AN ORDINANCE TO GRANT PERMITS ALLOWING
CERTAIN EMERGENCY MEDICAL SERVICES
AGENCIES TO OPERATE IN THE CITY OF
VIRGINIA BEACH
WHEREAS, pursuant to City Code Section 10.5-2, all existing
11 Emergency Medical Services agency permits which are issued
12 throughout the year to area private and non-profit organizations
13 operating emergency medical services agencies or vehicles within
14 the city must be renewed each year;
15 WHEREAS, applications for permit renewals have been received
16
by the following agencies:
Eastern Shore Ambulance, Lifeline
17
Ambulance Service,
Inc. ,
Children's Hospital of the Kings
18 Daughters, Network Medical; Nightingale Regional Air Ambulance, and
19 Medical Transport, and
20 WHEREAS, the above listed private ambulance agencies perform
21 services not provided by the City's volunteer rescue squads, such
22 as non-emergency inter-facility transports, which includes both
23 basic and advance life support calls.
24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
25 OF VIRGINIA BEACH;
26
1.
That the City Council hereby grants Emergency Medical
27
Services permits to the following agencies:
28
Eastern Shore Ambulance, Lifeline Ambulance Service, Inc.,
29
Children's Hospital of the Kings Daughters, Network Medical
30
Nightingale Regional Air Ambulance, and Medical Transport,
31
2. That these permits shall be effective from July 1, 2004
32
until June 30, 2005.
33
Adopted by the city Council of the City of Virginia Beach,
34
Virginia, on this ~day of
June,
2004.
CA-9268
/ordres/proposed/10.5-2 ord.doc
R2 -
May 25, 2004
APPROVED AS TO CONTENTS:
-~~
Chief, Emergency Medical Svcs.
APPROVED AS TO LEGAL SUFFICIENCY:
~~~iC: ~~
2
PERMIT APPLICATION
REVIEW SUMMARY
Organization: Children's Hospital of the King's Daughters (Roger Vaughan,
Manager)
601 Children's Lane
Norfolk, VA 23507
~ Recommend Approval
o Recommend Denial
Comments:
Organization: Eastern Shore Ambulance (Dennis Taylor, President)
8426 Sugarhill Lane
Sanford, V A 23426
g/ Recommend Approval
o Recommend Denial
Comments:
Organization: Lifeline Ambulance Service, Inc. (James C. Jones, Jr., President)
310 Bell Road
Christiansburg, VA 24073
g./ Recommend Approval
o Recommend Denial
Comments:
Organization: Medical Transport (Donald Jellig, President)
5792 Arrowhead Drive, Suite 200
Virginia Beach, V A 23462
~ Recommend Approval
o Recommend Denial
Comments:
~ ~.~ ~,I~~ ~ ~
DEPARTMENT OF EMERGENCY
MEDICAL SERVICES
PERMIT APPLICATION
REVIEW SUMMARY
Organization: Network Medical (Norman Poole, President)
1533 Technology Drive
Chesapeake. Va 23320
~ Recommend Approval
o Recommend Denial
Comments:
Nightingale Regional Air Ambulance (David Bernd, President)
Organization:
600 Gresham Drive
Norfolk, VA 23507
~ Recommend Approval
o Recommend Denial
Comments:
s/~~
EMS Regulati & Enforcement
;11;/ ~0
~
E Medical Director
'Q
~?~
Chief of EMS
/
FINAL DISPOSITION
Approval t' /" ~iJ 'I
Denial
o
Comments:
q~~/~
ity Clerk
5-10-04; j :Q5PM;VA BEAC~ MEDICAL S~~
;4Z57864
.. 3/ 3.
CITY OF VIRGINIA BEACH
DEPARTMENT OF EMERGENCY MEDICAL SERVICES
EMS AGENCY
PERMIT RENEWAL APPLICATION
AGENCY NAME: Network Medical
VIRGINIA OFFICE OF EMS AGENCY NUMBER:
EXPIRES:
VIRGINIA BEACH AGENCY CLASSIFICATION:
ALS Non-transport
ADDRESS: IS33 Technology Drive
Chesapeake, Va 23320
PHONE:
-
285 :mti 5q 7 -OC?Of.t> D rFi a...c:;;
Nonnan Pool- '2 ee:; - ~ t.. ~ CJ
MANAGER:
-rom MA-ellN
;)2.1-, a.s-/
~
c..JJ
PRESIDENT:
NUMBER OF PERMITTED VEmcLES BY TYPE:
COMMENTS:
Does your agency tomp.y with the minimum requirements as set forth in the Rules aDd
RemlatloDS of the Board of Health Commonwealth of. \,1l'1!lnla Govel'Dil1l!! Emel'l!encY
Medical Services 1990 as amended?
~ [J NO
~ Aim/Ii
NamelI1tle
~5 j/;;J-/otj
I
Date
CITY OF VIRGINIA BEACH
DEPARTMENT OF EMERGENCY MEDICAL SERVICES
EMS AGENCY
PERMIT RENEWAL APPLICATION
AGENCY NAME: Medical Transport
VIRGINIA OFFICE OF EMS AGENCY NUMBER: 308 EXPIRES:
VIRGINIA BEACH AGENCY CLASSIFICATION:
ALS Ground Transport
(Non-emergency-Unrestricted)
and Emergency-Restricted)
ADDRESS: 5792 Arrowhead Drive, Suite 200
Virginia Beach, V A 23462
PHONE: 671-9302
PRESIDENT: Donald Jellig
MANAGER: Russell Blow
COMMENTS:
4&.
do'S
'-/
G ~o" '~'? J\+.,:-;:;.... '-~ ~ S
,A-L 5 -? ~c.h..,<tt...e'::>
,v""1\J ,-/C ~~~"S
NUMBER OF PERMITTED VEHICLES BY TYPE:
Does your agency comply with the minimum requirements as set forth in the Rules and
Ree:ulations of the Board of Health Commonwealth of Vire:inia Governine: Emere:encv
Medical Services 1990 as amended?
I;jIIYES 0 NO
c::&1J12
NamefI'itle
~v>~.cz~ .~
OrenA TIV11.--5 ~ttc;,#L.
:17111lfl.O<(
Date
CITY OF VIRGINIA BEACH
DEPARTMENT OF EMERGENCY MEDICAL SERVICES
EMS AGENCY
PERMIT RENEWAL APPLICATION
AGENCY NAME: Children's Hospital of the King's Daughters
~'C0>JA.--'A-L..\ f''i:o ,-A"tttu::. \~~f'V'l-\. ~A-N'-
VIRGINIA OFFICE OF EMS AGENCY NUMBER: 315 EXPIRES: f...t, \ ~ \ 0,*
VIRGINIA BEACH AGENCY CLASSIFICATION: ALS Ground Transport
(Inter-facility Emergency and
Non-emergency)
ADDRESS: 601 Children's Lane
Norfolk, V A 23507
PHONE:
668-7453
MANAGER: Roger Vaughan
NUMBER OF PERMITTED VEHICLES BY TYPE: 3
COMMENTS:
Does your agency comply with the minimum requirements as set forth in the Rules and
Rel!ulations of the Board of Health Commonwealth of Virl!inia Governinl! Emerl!encv
Medical Services 1990 as amended?
g(ES
oNO
~~ -S- ~) ~ X1\.0'C'~~___
Na itle \J
--5J do+
Date
CITY OF VIRGINIA BEACH
DEPARTMENT OF EMERGENCY MEDICAL SERVICES
EMS AGENCY
PERMIT RENEWAL APPLICATION
AGENCY NAME: Lifeline Ambulance Service, Inc.
VIRGINIA OFFICE OF EMS AGENCY NUMBER: ~ qq EXPIRES: S/04
VIRGINIA BEACH AGENCY CLASSIFICATION: ALS Ground Transport
(Non-Emergency-Unrestricted
and Emergency-Restricted)
ADDRESS: 310 Bell Road
Christiansburg, V A 24073
PHONE: 540-382-1044
PRESIDENT: James C, Jones, Jr.
VICE PRESIDENT: Cl..:f 7)e<--{.;.~
NUMBER OF PERMITTED VEHICLES BY TYPE:
]0 - A-c..s A-h..1---..,
COMMENTS:
A/o-!- ~~~~~_~~. L~I~~(..r.
~~. II~;-I,/~~~!c-~
Does your agency comply with the minimum requirements as set forth in the Rules and
Re2Ulations of the Board of Health Commonwealth of Vireinia Governine Emereencv
Medical Services 1990 as amended?
)(YES D NO
~~/)~~L - f/~ -~
Nam itle
~t,l /0 V
Date I
CITY OF VIRGINIA BEACH
DEPARTMENT OF EMERGENCY MEDICAL SERVICES
EMS AGENCY
PERMIT RENEWAL APPLICATION
AGENCY NAME: Eastern Shore Ambulance
VIRGINIA OFFICE OF EMS AGENCY NUMBER: EXPIRES:
VIRGINIA BEACH AGENCY CLASSIFICATION: ALS Ground Transport
(Non-Emergency-Unrestricted
and Emergency-Restricted)
ADDRESS: P.O. Box 6
8426 Sugarhill Lane
Sanford, VA 23426
PHONE: 787-824-5858
PRESIDENT: Dennis Taylor
VICE PRESIDENT:
Margaret A. Taylor
NUMBER OF PERMITTED VEHICLES BY TYPE:
pp
COMMENTS:
.vL c~
~ ~ Ifts ~ -fk. /,,+f...u.-t:r .dL.t:".
Does your agency comply with the minimum requirements as set forth in the Rules and
Relrnlations of the Board of Health Commonwealth of Virl!inia Governine Emereencv
Medical Services 1990 as amended?
~ES
DNO
,
~\l..-'J
Nameffitfe
CEo
'I Ide r
Date
CITY OF VIRGINIA BEACH
DEPARTMENT OF EMERGENCY MEDICAL SERVICES
EMS AGENCY
PERMIT RENEWAL APPLICATION
AGENCY NAME: Nightingale Regional Air Ambulance
VIRGINIA OFFICE OF EMS AGENCY NUMBER: 509 EXPIRES:
VIRGINIA BEACH AGENCY CLASSIFICATION: Air Ambulance
(Emergency-Restricted)
ADDRESS: 600 Gresham Drive
Norfolk. VA 23507
PHONE: 668-2500
PRESIDENT: David Bernd
MANAGER: Kathy Colantuono
NUMBER OF PERMITTED VEHICLES BY TYPE:
COMMENTS:
Does your agency comply with the minimum requirements as set forth in the Rules and
Rel!Ulations of the Board of Health Commonwealth of Vireinia Governine Emereencv
Medical Services 1990 as amended?
)(YES 0 NO
~~n'~
Name!l' e -~ ~
-v ;;.;4./~~
Date
-22-
Item J. 4.
ORDINANCES/RESOLUTION
ITEM # 52672
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Resolution to support on Amendment to the State Budget re
additional funding for Firefighters and fire safety
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 2004
Requested by Councilmember Harry Diezel
1
2
3
4
5
6
7
A RESOLUTION SUPPORTING AN AMENDMENT
STATE BUDGET TO PROVIDE ADDITIONAL
TO HIRE FIREFIGHTERS AND IMPROVE FIRE
TO THE
FUNDING
SAFETY
WHEREAS, Congress has enacted legislation known as the
8
"SAFER" Act that authorizes federal grants to fund the hiring of
9
up to 75,000 additional firefighters; and
10
WHEREAS, Governor Mark Warner has announced that he
11 plans to amend the proposed State budget to provide localities
12 with matching funds for SAFER grants, and the General Assembly
13 will consider this change on June 16, 2004.
14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
15 CITY OF VIRGINIA BEACH, VIRGINIA:
16
17 1. That the City Council hereby expresses its support for
18 State efforts to provide additional funding for fire safety and
19 requests members of the local delegation to approve proposed
20 amendments to the State budget that will provide localities with
21 matching funds for SAFER grants.
22 2. That the City Clerk is hereby directed to transmit a
23 certified copy of this ordinance to the members of the City's
24 General Assembly delegation.
25
26 Adopted by the Council of the City of Virginia Beach,
27 Virginia, on the 8th day of June 2004.
CA-9284
H:\GG\OrdRes\SAFER.res.doc
R-l
June 2, 2004
APPROVED AS TO LEGAL SUFFICIENCY:
~~ ?~, if(
City Attorney's fflce
- 23-
Item J.5,aIb.
ORDINANCES/RESOLUTION
ITEM # 52673
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinances re Town Center:
a. AMEND the Special District and MODIFY the District
Boundaries
b. APPROPRIATE $338,553 additional property tax and
$73,387 realized revenue from use to the Special
District Special Revenue Fund
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 2004
1
2
3
4
5
6
7
AN ORDINANCE AMENDING THE ORDINANCE
CREATING THE TOWN CENTER SPECIAL
SERVICE DISTRICT BY MODIFYING THE
DISTRICT'S BOUNDARIES
WHEREAS, by ordinance adopted May 14, 2002 (Ordinance
8
#2699B), the City Council of the City of Virginia Beach
9
established the Town Center Special Service District to
10
provide an enhanced level of City services and maintenance
11
for public infrastructure at the Town Center;
12
WHEREAS, after conducting a public hearing, the City
13
Council has determined that it would be in the best
14
interests of the City and its citizens to expand the Town
15
Center Special Service District to provide additional, more
16 complete and more timely services to the public facilities
17 and areas in the Town Center, as described in the ordinance
18 adopted on May 14, 2002.
19
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22
That Ordinance #2699B, ~An Ordinance Creating the Town
23
Center Special Service District," is hereby amended to
24
modify the boundaries of the Town Center Special Service
25
District, as follows:
26
2. Boundaries of District.
The Diotrict io bounded to the
27
north by Virgini;)
EC.J.ch
Boulc:;)rd,
to
tho
e;)ot
by
28
Conoti tution Dri '.'e, to the '.,oot by the Propooed Contr;)l
29
P;)rJc 7'....eRUc to i to interooction '.Ii th the propoood H::1in
30
Stroot, then moving e;)ot along M;)in Street to the propoood
31
To~n Center Dri...e, then mo...ing oouth ;)long tho Town Center
32
Dri...e to ita interocction with Columbuo Streot, then mo...ing
33
34
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
eaot along Columbuo Ctreet to i to interoectioR '.Ii th
CORotitutioR Drh'e, all ao more particularly de!,icted OR
the attached map labeled ao "El{hibit lI.."
(a) The District is bounded as follows: Beqinninq at
the southeast corner of the intersection of Virqinia Beach
Boulevard and Market street. movinq south to the southeast
corner of the intersection of Potomac street and Market
Street. then movinq west alonq Potomac Street to the
southeast corner of the intersection of Independence
Boulevard and Potomac Street. then movinq south alonq
Independence Boulevard to the northeast corner of the
intersection of Independence Boulevard and Southern
Boulevard. then movinq east alonq Southern Boulevard to the
northeast corner of the intersection of Southern Boulevard
and Market Street. then movinq to the north alonq Market
Street to the northeast corner of the intersection of
Columbus Street and Market Street. then movinq to the east
alonq Columbus Street to the northwest corner of the
intersection of Columbus Street and Constitution Drive. then
movinq to the north alonq Constitution Drive to the
southwest corner of the intersection of Constitution Drive
and Virqinia Beach Boulevard. then to the west alonq
Virqinia Beach Boulevard to the point of beqinninq.
(b) within the boundaries described above. the
followinq area. which will not receive enhanced maintenance
or services. shall be excluded from the District: beqinninq
at southwest corner of the intersection of Potomac Street
and Market Street. then movinq west alonq Potomac Street to
the southeast corner of the intersection of Potomac Street
62
and
Independence
Street,
then
movinq
south
alonq
63
Independence Boulevard to the northeast corner of the
64
intersection of Independence Boulevard and Columbus Street,
65
then movinq east alonq Columbus Street to the southwest
66
corner of the intersection of Columbus Street and Town
67
Center Drive, then movinq north on Town Center Drive to the
68
southwest corner of the intersection of Town Center Drive
69
and Main Street, then movinq west on Main Street to the
70
southwest corner of the intersection of Main Street and
71
Central Park Avenue, then south on Central Park Avenue to
72
the northeast corner of the intersection of Central Park
73
Avenue and Commerce Street, then movinq west alonq Commerce
74
Street to the southwest corner of the intersection of
75
Commerce Street and Market Street, then north alonq Market
76
Street to the point of beqinninq.
77
(c) The particular boundaries of the District, and the
78
excluded areas, are set forth in detail in the attached map,
79
labeled as "Exhibit A," which shall control in the event of
80
any discrepancy between the map and the description in the
81
preceding paragraphs.
82
83
BE IT FURTHER ORDAINED:
84
That this ordinance shall be effective on July 1, 2004.
85
86
87
88
Adopted by the
Virginia on the
Council of the City of Virginia
8th day of .Tune , 2004.
Beach,
89
,JJwvJQ,~
Approved as to Legal
Sufficiency
Approved as to Content
Department of Management Services
'~ifr~"- rJ2::
Departme of Law
CA9282
R6
June 1, 2004
H:\PA\ORDRES\Town Cener Modified Bondaries.doc
I
2 AN ORDINANCE TO APPROPRIATE $338,533 IN
3 ADDITIONAL PROPERTY TAX LEVIED IN TOWN
4 CENTER SPECIAL SERVICE DISTRICT AND
5 $73,387 REALIZED FROM THE USE OF MONEY
6 AND PROPERTY TO THE TOWN CENTER SPECIAL
7 SERVICE DISTRICT SPECIAL REVENUE FUND IN
8 THE FY 2004-05 OPERATING BUDGET TO
9 PROVIDE AN ENHANCED LEVEL OF OPERATIONS
10 AND MAINTENANCE OF PUBLIC INFRASTRUCTURE
11
12 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
13 VIRGINIA:
14 1. That $338,533 of additional property taxes levied in
IS the Town Center Special Service District and $73,387 in funds
16 from the use of money and property are hereby appropriated to
17 the Town Center Special Service District Special Revenue Fund in
18 the FY 2004-05 Operating Budget to provide an enhanced level of
19 operations and maintenance of public infrastructure in the Town
20 Center Special Service District.
21 2. That property tax revenue is hereby increased by
22 $338,533 and revenue from use of the money and property
23 increased by $73,387 in the FY 2004-05 Operating Budget,
24 3. That this ordinance shall be effective on July 1, 2004.
25
Adopted by the Council of the City of Virginia Beach,
26 Virginia on the 8th
day of .Tnn" , 2004.
Approved as to Content
Man~~~qce~
Approved as to Legal
Sufficiency
~ cf d)J41~i Vf.
City Attorney's Office
CA928 0
R3
H:\PA\GG\ORDRES\Town Center Additional Revenue ORD.doc
May 27, 2004
- 24-
Item J.6.
ORDINANCES/RESOLUTION
ITEM # 52674
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
OrdinanceAUTHORIZE additionalfull-time positions and eliminate
part-time positions in the FY 2004-05 operating budget of the Library
Department to reduce stafftumover at the Pungo- Blackwater Library
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R, Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Obemdorj. Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 2004
1 AN ORDINANCE AUTHORIZING TWO
2 ADDITIONAL FULL-TIME POSITIONS AND
3 ELIMINATING FOUR PART-TIME FTE's IN THE
4 FY 2004-05 OPERATING BUDGET OF THE
5 LIBRARY DEPARTMENT TO REDUCE STAFF
6 TURNOVER AT THE PUNGO-BLACKWATER
7 LIBRARY
8
9 WHEREAS, eliminating four part-time FTE's and adding two full-time FTE's will
10 reduce staff turnover at the Pungo-Blackwater Library and is expected to result in a savings to the City
11 of approximately $14,000 over 5 years.
12 NOW. THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
13 VIRGINIA BEACH, VIRGINIA:
14
1.
That two full-time positions are hereby added to, and four part-time FTE's
15 eliminated from, the FY 2004-05 Operating Budget of the Library Department to reduce staff turnover
16 at the Pungo-Blackwater Library.
17
2.
That this ordinance shall be effective on July 1, 2004.
18
Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of
19
June
,2004.
20
21
APPROVED AS TO CONTENT:
JjG~O .~
APPROVED AS TO LEGAL SUFFICIENCY:
22
borf r err
23
Management Services
24
25 CA9278
26 H:IPAIGGIORDRESI Library Conversion PB ORD.doc
27 R2
28 May 26, 2004
- 25-
Item J.7.
ORDINANCESIRESOLUTJON
ITEM # 52675
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $ 7, 890 ;rom the Institute
of Museum and Library Services re Conservation Assessment of the
Adam Thoroughgood House
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndo~f, Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 2004
1
2 AN ORDINANCE TO ACCEPT AND APPROPRIATE A
3 $7,890 GRANT FROM THE INSTITUTE OF MUSEUM AND
4 LIBRARY SERVICES TO THE FY 2003-04 OPERATING
5 BUDGET OF THE DEPARTMENT OF MUSEUMS AND
6 CULTURAL ARTS TO PROVIDE FOR A CONSERVATION
7 ASSESSMENT OF THE ADAM THOROUGHGOOD HOUSE
8
9
lOBE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
11 VIRGINIA:
12
13 1. That $7,890 is hereby accepted from the Institute of Museum and Library Sciences and
14 appropriated to the FY 2003-04 Operating Budget of the Department of Museums and Cultural
15 Arts to provide for a professional architectural historian and a professional collections conservator
16 to evaluate the Adam Thoroughgood House and its contents and prepare a detailed assessment of
17 the conditions and needs of the collection.
18 2. That estimated revenue from the federal government is hereby increased by $7,890.
19 3. That funding for this program is contingent upon the availability of the federal grant,
20 and if federal funding is reduced or eliminated, then the program may be reduced or eliminated
2 1 accordingly.
22
Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th
day of
23 June, 2004.
24
25
26
27
28
29
30
31
32
33
34
APPROVED AS TO CONTENT:
APPROVED
SUFFICIENCY:
AS
TO
LEGAL
J;)~Q,
Management Services
CA-9274
H:\PA\GG\ORDRED\Adam Thoroughtood Ord.doc
R2
OS/2412004
1
U,{~L{~~~U LY.UU
/:...I(...,..:I.!..;I(,:I..:I
rro;.f-'lI'1v.L.;:J I-HI'lU nuu.::ll:.
rHt.::lt:. U;J
_~'f"U"""
,~ ..
~ '"
.. U
.. -
" ~
- ..
..
.., -t:'
;,roll.a,,"
I
,
,
I
Instltut~ of Museum and Library Services
Official AWard !\lotltlcaUon for Granta and Coop.ratlv. Agr..monla
Awardo. Nam. and Add,.... Dat. of Award April 01, 2004
Adam Thoroughgood Hous.
313t Virginia Beach Boul.vard Aword Numb.r 1A-00-04-0097-04
Virginia Beach, VA 23452
for Am.ndm.nts, Orlgln.1 Award o.t.
Official Cont.ct AWlrd P.rlod
Mark Re.d From MlY 01, 2004
3131 Vlrglnla Baach Boul.vlrd To Apr\l30, 2005
\IIl'll1nl. B.lch, VA 23452
Program Name ConservatIon Asse8sm~nt Prog. Total Award Amount $ 7,890.00
CFOA Numb.r 45.304 Award Amendments list
04101/2004 $7,890.0,0 Original Award Grantad
Prolac! Type
Scope of Work .nd/or Sp.elal Condlt~no
this' grant shall b. admlnlst.red by the Project Dlractor In aceordance with 45 CFR 1180 Subpart C, Including any
amandments In effect on th. date of thl~ award.
Paymant of t!d. awsrd will be issuad appro,lmalaly 7 days from racelpt of tha ACH Enrollment Form.
Expenditure of fund. under this award must ba made as follows:
Admlnlstrativa fee - $1,350 .
Consarvator Profe.slonal fee - varia'
ConsarvatorTraveland On-Site Expe""e. (Including lodging and me.ls) - varle.
Ouestlo", concerning peyment of this award should be di1'ected to the IMLS Grant. AdmlnistraUon Office, at (202)
219-3684, or you may e.mallthe Office al grantsadmln@lmls.gov. OuesUon. eoncsrnlng program coordination should be
d\rectecllo Ms. RelY Hou.a In \he Haritage PraseNaUon's CAP Office. 1625 K Street. NW, Sulle 700, Washington. DC
20008, either by ..mail at rhou.a@h.rll$gapreservauon.org or by telephone at (202) 634-1422.
.
IML9 Authorizing Official Nama and nile
Slonalure % _ 5 Il" n, .. nO I. I ~ Maty E.telle Kennelly
A..ociata Deputy Dlrec\ar for Museum Services
Accounting Coda '--.j Oat. Po.tad April 01, 2004
621-4-6509-4100 Eflactlv. Date
- 26-
Item J.8.
ORDINANCES/RESOLUTION
ITEM # 52676
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance to APPROPRIATE $38,304 ji'om various cost recovery
sources and $4,505 in donations to the Fire Department's FY 2003-
04 operating budget re reimbursement oj' expenses and to purchase
equipment.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorj; Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 2004
1
2
3
4
5
AN ORDINANCE TO APPROPRIATE $38,304 FROM
VARIOUS COST RECOVERY SOURCES AND $4,505 IN
DONATIONS TO THE FIRE DEPARTMENT'S FY 2003-04
OPERATING BUDGET FOR REIMBURSEMENT OF EXPENSES
AND TO PURCHASE EQUIPMENT
6
WHEREAS, the Fire Department has received unanticipated
7 revenue to offset expenses incurred as a result of false calls,
8 hazardous materials incidents, and the use of the fire training
9 center and departmental instructors; and
10 WHEREAS, the department also received monetary donations from
11 the public designated to fund the purchase of specific equipment.
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
13 VIRGINIA BEACH, VIRGINIA:
14 1. That $38,304 in revenue from the sources set forth below is
15 hereby appropriated to the Fire Department's FY 2003-04
16 Operating Budget, with revenue increased accordingly:
17
(a)
$3,391
of
revenue received
from
false
call
18
restitution;
19
(b)
$18,352 received from hazardous materials incident
20
reimbursements; and
21
(c)
$16,561 in reimbursements for the use of the fire
22
training center and departmental instructors.
23
2.
That $4,505 in donations to the Fire Department's gift
24 fund is hereby accepted and appropriated to the Fire Department's
25 FY 2003-04 Operating Budget for the purchase of equipment, with
26 revenue increased accordingly.
27
28
Adopted by
Virginia, on the
the
8th
Council
day of
of the
,Tlln~
City of Virginia
, 2004.
Beach,
Requires an affirmative vote by a majority of the members of
the City Council.
APPROVED AS TO CONTENT
Mana~~~;~
APPROVED AS TO LEGAL SUFFICIENY
CA 9275
H:\PA\GG\ORDRES\Fire Dept. Gift Fund ORD.doc
R2
May 29, 2004
- 27-
Item J.9.aIb/c.
ORDINANCES/RESOLUTION
ITEM # 52677
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE:
a. $30,505 federal block grant to the FY 2003-04 operating
budget of the Department of Juvenile Probation re
multi-systemic therapy
b. $47,937 to the Department Parks and Recreationfor the
Youth Opportunities office to expand the Transitional
Jobs program for juvenile parolees
c. TRANSFER $8, 7 J 6 to the FY 2003-04 operating budget
or the Department of Parks and Recreation to further
expand their Transitional Jobs program.
Voting:
J J -0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorj; Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 2004
1 AN ORDINANCE TO ACCEPT AND
2 APPROPRIATE A $78,442 GRANT FROM THE
3 STATE AND TRANSFER $8,716 TO THE FY
4 2003-04 OPERATING BUDGETS OF THE
5 DEPARTMENT OF JUVENILE PROBATION
6 AND THE DEPARTMENT OF PARKS AND
7 RECREATION TO PROVIDE NEEDED
8 YOUTH SERVICES.
9
10
11 WHEREAS, under the Juvenile Accountability Block Grant Program, the City of Virginia Beach
12 has been awarded a $78,442 grant in federal funds from the Virginia Department of Criminal Justice
13 Services, and the City must provide a 10% grant match for the period covered by the grant.
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
15 BEACH, VIRGINIA:
16
17 1. That $78,442 is hereby accepted from the Virginia Department of Criminal Justice Services
18 and appropriated in the amounts and for the purposes as set forth below:
19 a. $30,505 to the FY 2003-04 Operating Budget of the Department of Juvenile Probation
20 to purchase multi-systemic therapy from the Department of Human Services for clients
21 who are before the Juvenile Court; and
22
b. $47,937 to the FY 2003-04 Operating Budget of the Department of Parks and
23 Recreation for the Youth Opportunities Office to expand a Transitional Jobs Program for
24 juvenile parolees who are released from state correctional facilities.
25 2. That local match funding in the amount of $8,716 is hereby transferred from the Grants
26 Consolidated Fund Reserve for Contingencies - Grant Match to the FY 2003-04 Operating Budget of the
27 Department of Parks and Recreation for the Youth Opportunities Office to use as funding for the
28 Transitional Jobs Program and grant administration.
29 3. That funding for these programs is contingent upon the availability of the federal block grant,
30 and if federal funding is reduced or eliminated the programs may be reduced or eliminated accordingly.
31 4. That estimated revenue from the federal govermnent is hereby increased in the FY 2003-04
32 Operating Budget by $78,442.
33
34
Adopted by the Council of the City of Virginia Beach, Virginia, on June a 2004.
- 28-
Item J. I O.
ORDINANCES/RESOLUTION
ITEM # 52678
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance to TRANSFER $ 364,000 from the General Fund re
contingencies to the FY 2003-04 operating budget re jidly funding the
Real Estate Tax Relief program
Voting:
] ] -0 (By Consent)
Council Members Voting Aye:
Harry E. Dieze/, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf; Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva. Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 2004
1 AN ORDINANCE TO TRANSFER $364,000 FROM
2 THE GENERAL FUND RESERVE FOR
3 CONTINQENCIES TO THE REVENUE
4 REIMBURSEMENTS CATEGORY IN THE FY 2003-04
5 OPERATING BUDGET TO FULLY FUND THE REAL
6 ESTATE TAX RELIEF PROGRAM
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA:
10
That
$364,000
from
the
General
Fund
Reserve
for
11
Contingencies
is
hereby
transferred
to
the
Revenue
12 Reimbursements category in the FY 2003-04 Operating Budget to
13 fully fund the Real Estate Tax Relief Program.
14
15
Adopted by the Council of the City of Virginia Beach,
16
Virginia on the
8th
day of June, 2004.
Approved as to Content
Eg~~~~
Approved as to Legal
Sufficiency
;;;~ (~;~
City Attorn y's Offlce
CA-9279
R2
H:\PA\GG\ORDRES\Tax Relief Program ORD.doc
May 27, 2004
- 29-
Item V-K.
ITEM # 52679
PLANNING
I. WAYNE T. and ANN M. BARNES
and OPAL M. PONVERT
2. SEAGATE DEVELOPMENT CORPORATION
3. WDR PROPERTIES, INC
4.21 FUN, L.L.C DBA SHARX SPORTS
5. JESSUP CORPORATION L.L.C
6. BAYMARK CONSTRUCTION CORPORATION
7. COURTHOUSE MARKETPLACE, L.L.C
8. DA VID A. PARKER
9. CITY ZONING ORDINANCE
VARIANCE
MODIFICATION OF A NON
CONFORMING USE
MODIFICATION of Conditions/
Conditional UsePermit(Approved 11/25/03)
CONDITIONAL USE PERMIT
CONDITIONAL CHANGE OF ZONING
CONDITIONAL CHANGE OF ZONING
CONDITIONAL CHANGE OF ZONING
CHANGE OF ZONING
AMEND 9401 re bulk storage as a
conditional use in Agricultural
Zoning Districts
June 8, 2004
- 30-
Item V-K.
PLANNING
ITEM # 52680
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED in ONE
MOTION Items 1, 3,4, 6,7, 8 and 9 (WITHDRA WN) of the PLANNING BY CONSENT AGENDA.
Item J.9 was WITHDRA WN, BY CONSENT
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. OberndorJ: Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
Councilman Wood DISCLOSED and ABSTAINED Pursuant to Conflict of Interests Act .9' 2.2-3115 (E) Re
Item K.4 (21 FUN L.L.c. DBA SHARX SPORTS). Councilman Wood has an ownership interest in JD& W,
Inc. JD& W Inc. has performed work for related business entities of 21 Fun, 1.1.C and is currently
negotiating construction projects with 21 Fun, L.L. C Councilman Wood's letter of May 11, 2004, is hereby
made a part of the record.
June 8, 2004
- 31 -
Item V-K.I.
PLANNING
ITEM # 52681
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED the
application of WAYNE T, and ANN M. BARNES and OPAL M. PONVERTfiJr a Variance to certain
elements of the Subdivision Ordinance to create .five (5) parcels, including a Public Utilities Pumping
Station.
Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Wayne T &
Ann M. Barnes and Opal M. Ponvert, on property located at 3715 and
3713 Little Neck Point (GPINS 14895120300000; 14895101680000).
DISTRICT 5 - LYNNHA VEN
The following conditions shall be required;
1. The parcels shall be substantially subdivided and recorded as
depicted on the Plat entitled, "Exhibit Plat Showing CBPA
Lines & Setback Lines, "prepared by Precision Measurements,
Inc., dated March 1, 2004.
2. An easement shall be provided on the final subdivision plat for
ingress/egress to the Keelings Graveyard site, indicated on the
submitted plan identified above in Condition #1 as GPIN
1489500985. No building permits shall be issuedftJr new homes
until this condition is met and the easement recorded in the City
of Virginia Beach Circuit Court Clerk's Office.
3. No developmentfor either a principal structure or an accessory
structure shall occur within the Chesapeake Bay Preservation
Area Resource Protection Area, which is delineated on the
submitted plat identified in Condition #1 above.
Voting;
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf,' Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 2004
- 32-
Item V-K.2.
PLANNING
ITEM # 52682
The following registered in SUPPORT:
Attorney R, E. Bourdon, represented the applicants, Phone: 499-8971, advised the application was to modifY
structurally a non-conforming use and the modification is not an enlargement or expansion of this non-
conforming use. Attorney Bourdon distributed a survey of the property and correspondence from Thomas
Lyons, Chairman - Tidewater Hotels and Resorts and Christopher M, Savvides, President - Black Angus
Restaurant in support of the application, Said information is hereby made a part of the record.
Nancy Creech, President - Neptune Festival.
Billy Almond, 209 - 70th Street, Phone: 422-9522, Chair - Resort Advisory Commission's Planning and
Design Review Subcommittee
EdmundRuffin, 521 Virginia Dare Drive, Phone: 422-3333, hotel developer, owner of the adjacent Ramada
Inn.
Mathew Falvey, President - Virginia Beach Restaurant Association, member - Resort Advisory Commission,
2216 Sunvista Drive
Lawrence Fleder, 500 East Main Street, Norfolk, Phone: 623-1062,
The following registered in OPPOSITION:
Attorney Kevin Martingayle, represented Seashore Management, Ltd., 2101 Parks Avenue #801,
Phone: 422-4700, and distributed sample menus from the current establishment, a State Corporation
Commission "printout", selection of photographs and copies of Article 15 (Section 1500, 1501 and 105),
Resort Tourist District Ordinances. Said information is hereby made a part of the record.
Nancy Perry, Executive Director - Hotel and Motel Association, 968 South Oriole Drive #100,
Phone: 428-8015, referenced clarification to three questions posed by the Hotel/Motel Association's
correspondence of June 8, 2004, which are hereby made a part of the record,
Bernard J. Byrne, 2728 Esplanade Court, Phone: 430-0571,
Verne Burlage, 770 Oriole Drive, Phone; 425-6476, owner of Quality Inn and Suites on Atlantic Avenue,
leases Laverne's Restaurant and Chix Cafe. At the end of his lease, Mr, Burlage plans to relocate these
facilities and build across the street from the Quality Inn.
L. Charles Burlage, 452 Discovery Road, Phone: 422-2405, one of the owners of Laverne's Restaurant
advised the Burlages have been rentingfrom the Maddox fam ily for 28 years. Mr, Burlage has been a
resident of Virginia Beach since 1939.
Syd Simpson, 3400 Arctic Avenue, Phone: 425-0100, Board of Directors - Virginia Beach Hotel/Motel
Association, Member - Beach Events Steering Committee and the Resort Advisory Commission's
Oceanfront Enhancement Committee as well as General Manager of Marjac Suites.
June 8, 2004
- 33-
Item V-K.2.
PLANNING
ITEM # 52682 (Continued)
A MOTION was made by Councilman Reeve, seconded by Vice Mayor Jones, to ADOPT the Resolution
upon application ofSEAGATE DEVELOPMENT CORPORATION re Modification of a nonconforming
use to demolish the current building, create a freestanding Dairy Queen, public restrooms and parking at
703 Atlantic Avenue,
A SUBSTITUTE MOTION was made by Councilman Schmidt, seconded by Mayor Oberndorf to REFER
to the Planning Commission, and assure consistency with the Comprehensive Plan for the future of the
Resort, the Resolution upon application of SEAGATE DEVELOPMENT CORPORATION re
Modification of a nonconforminf! use to demolish the current building, create a freestanding Dairy Queen,
public restrooms and parking at 703 Atlantic Avenue. Councilman Schmidt was concerned with the
precedence this application might establish and the unidentified parcels which might, as a result of this
precedence, potentially impact the vision of the Oceanfront,
Voting:
3-7 (MOTION lost to a Negative Vote)
Council Members Voting Aye:
Margaret L. Eure, Mayor Meyera E, Oberndorf and Peter W Schmidt
Council Members Voting Nay:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Jim
Reeve, Ron A, Villanueva, Rosemary Wilson and James L. Wood
Council Members Absent:
Richard A, Maddox
June 8, 2004
- 34-
Item V-K.2.
PLANNING
ITEM # 52682 (Continued)
Upon motion by Councilman Reeve, seconded by Vice Mayor Jones, City Council ADOPTED the
Resolution upon application of SEAGATE DEVELOPMENT CORPORATION re Modification of a
nonconforming use to demolish the current building, create a freestanding Dairy Queen, public restrooms
and parking at 703 Atlantic Avenue.
APPLICATION OF SEAGATE DEVELOPMENT CORPORATION
FOR THE MODIFICATION OF A NONCONFORMING USE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Application of Sea gate Development Corporation for the Modification
of a Nonconforming Use on property located at 703 Atlantic Avenue
(GPIN 24272387830000), DISTRICT 6 - BEACH
The following conditions shall be required:
1. The site shall be developed substantially in accordance with the
submitted plans titled "?h STREET PARK~CONCEPT PLAN",
prepared by WPL LANDSCAPE ARCHITECTS/KlNGDESIGN
Said plans are on file in the City of Virginia Beach Department
of Planning.
2. The design of the exterior of the proposed building shall
substantially conform to the existing Dairy Queen Restaurant
located at 1?h Street and the Boardwalk. Elevations shall be
submitted to the Planning Director, or his designee, for review
and approval as part of the site plan review.
This Resolution shall be effective in accordance with Section 107 (j) of the Zoning Ordinance,
Adopted by the Council of the City of Virginia Beach, Virginia, on the srh of June, Two Thousand Four
June 8, 2004
- 35 -
Item V-K.2.
PLANNING
ITEM # 52682 (Continued)
Voting:
8-2
Council Members Voting Aye:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba
S. McClanan, Jim Reeve, Ron A, Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
Mayor Meyera E, Oberndorf and Peter W Schmidt
Council Members Absent:
Richard A. Maddox
Councilman Maddox DISCLOSED and ABSTAINED Pursuant to Conflict of Interests Act S 2.2-3115 (E)
Councilman Maddox advised he has an ownership interest in Seagate Development Corporation, the party
to the transaction, which exceeds three percent. Councilman Maddox's letter of June 8, 2004, is hereby
made a part of the record. Councilman Maddox was ABSENT for the discussion and vote.
June 8, 2004
1
2
3
4
A RESOLUTION AUTHORIZING THE MODIFICATION OF
A NONCONFORMING USE ON PROPERTY OF SEAGATE
DEVELOPMENT CORPORATION LOCATED AT 703
ATLANTIC AVENUE
5
WHEREAS, Seagate Development Corporation (hereinafter
6 the "Applicant") has made application to the City Council for
7 authorization to modify a nonconforming use situated on certain
8 property having the address of 703 Atlantic Avenue, in the RT-1
9 Resort Tourist District; and
10
WHEREAS, more particularly, the Applicant desires to
11 replace a nonconforming freestanding restaurant with a new,
12 smaller, freestanding restaurant, public restrooms and parking
13 area; and
14
WHEREAS,
the
said
freestanding
restaurant
is
a
15 nonconforming use in the RT-1 Resort Tourist District, as
16 freestanding restaurants are not allowed; and
17
WHEREAS, pursuant to Section 105 of the City Zoning
18 Ordinance, the modification of a nonconforming use is permitted
19 only upon resolution of the City Council authorizing such action"
20 upon a finding that the proposed use will be equally appropriate
21 or more appropriate to the zoning district than the existing
22 use;
23
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
24 CITY OF VIRGINIA BEACH, VIRGINIA:
25 That the City Council hereby finds that the proposed
26 structure, as modified, will be equally appropriate to the
27 district as is the existing structure.
28 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
29
30
VIRGINIA BEACH, VIRGINIA:
That the proposed
modification
of
the
current
31 nonconforming freestanding restaurant is hereby authorized, upon
32 the following conditions:
33
34
1. The site shall be developed
accordance with the submitted plans titled
substantially in
"7th STREET PARK-
35 CONCEPT PLAN", prepared by WPL LANDSCAPE ARCHTECTS/KINGDESIGN.
36 Said design is on file in the City of Virginia Beach Department
37 of Planning.
38 2. The design of the exterior of the proposed
39 building shall substantially conform to the existing Dairy Queen
40 Restaurant located at 17th Street and the Boardwalk. Elevations
41 shall be submitted to the Planning Director, or his designee,
42 for review and approval as part of the site plan review.
43 Adopted by the Council of the Ci tyof Virginia Beach,
44
Virginia, on the -at..1::1....--.- day of J1me
, 2004.
3
CA-9273
OID/ordres/seagateres.doc
R-l
May 25, 2004
APPROVED AS TO CONTENT:
Pla~l~t!:'.J -it-pi
APPROVED AS TO LEGAL
SUFFICIENCY:
~L~ Ilk!!!
4
City c>f Virgirda 13eacn
RICHARD MADDOX
COUNCILMAN - DISTRICT 6 - BEACH
PHONE
FAX
CELL:
(757)422-9342
(757)422-3468
(757)615-8000
June 8, 2004
Mrs. Ruth Hodges Smith, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Dear Mrs. Smith:
Re: Disclosure Pursuant to Code of Virginia ~ 2.2-3115(E)
Pursuant to the State and Local Government Conflict of Interests Act, I make the following
declaration:
I. I am executing this written disclosure regarding City Council's discussion of and
vote on Seagate Development Corporation's Non-Conforming Use Application for
property located at the northeast comer of Atlantic A venue and 7th Street at GPIN
#2427-23-8783.
2. The nature of my personal interest is that I have an ownership interest in Seagate
Development Corporation, the party to the transaction, which exceeds three percent.
3. I wish to disclose my interest in this transaction and abstain from City Council's
consideration of the matter.
Accordingly, I respectfully request that you record this declaration in the official records of
City Council.
1609 ATLANTIC AVENUE, VIRGINIA BEACH, VA 23451
Mrs. Ruth Hodges Smith
-2-
Thank you for your assistance and cooperation in this matter.
RAMNTV
Enclosure
June 8,2004
Citye>f Virgi:rl.ia Beach
LESLIE L LILLEY
CITY ATTORNEY
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9004
(757) 427-4531
FAX (757) 426-5687
TOO (757) 427-4305
In Reply Please Refer to OP-853
June 4, 2004
Councilmember Richard A. Maddox
Virginia Beach City Council
Municipal Center
Virginia Beach, VA 23456
Re: Request for Conflict ofInterests Act Opinion
Dear Councilmember Maddox:
I am writing in response to your request for an opinion as to whether Seagate Development
Corporation is precluded from submitting a Non-Conforming Use Application for its property
located at the northeast comer of Atlantic Avenue & 7th Street, and whether you are precluded from
participating in City Council's discussion of, and vote on, Seagate Development Corporation's Non-
Conforming Use Application.
SUMMARY CONCLUSION
Based on my review of the State and Local Government Conflict of Interests Act and the
facts provided by you, I am of the opinion that (i) Seagate Development Corporation may submit a
Non-Conforming Use Application for City Council's consideration; and (ii) you have a personal
interest in the application and you may not participate in the transaction, and must disclose your
interest pursuant to Virginia Code 9 2.2-3115(E).
Councilrnernber Richard A. Maddox
-2-
June 4, 2004
I base the aforesaid conclusion on the following facts which you have presented. Please
review and verifY the accuracy of the facts set forth herein as you may only rely upon this opinion
to the extent that those facts are complete and accurate,
FACTS PRESENTED
Seagate Development Corporation ("Seagate") has applied for a change in an existing non-
conforming use for its property located at the northeast comer of Atlantic and 7th Street. 1 The land
is currently zoned as RT-l, Resort Tourist District, and Seagate is seeking a modification in the
scope of the non-conforming restaurant use. You are not the owner of the property, but you are the
president of Seagate and have more than a three percent ownership interest in the corporation.
DISCUSSION/CONCLUSION
The State and Local Government Conflict of Interests Act is set forth in ~ 2,2-3100 et seq.
of the Code of Virginia (1950), as amended, The primary focus of the Act is on the personal
interests of an officer or employee of state or local government in the transactions of, and contracts
with, the governmental or advisory agency of which he or she is a member,
You have a "personal interest" in Seagate pursuant to the definition set forth in the Act 2 by
virtue of your ownership interest in Seagate. However, you do not have a "personal interest in a
1 This property is currently the location of a non-confonning restaurant called Laverne's. Stand-alone
restaurants are not listed as a "Principal Use" in the RT-I District. Seagate seeks to modify the scope of the non-
confonning restaurant by demolishing the current restaurant and constructing a Dairy Queen with public restroom
facilities. Seagate also proposes to make improvements to the right-of-way at 7" Street to provide vehicular access and
turnaround area for individuals.
'''Personal interest" is defmed in ~ 2.2-3101 of the Act as
[a] financial benefit or liability accruing to an officer or employee or a member of
his immediate family. Such interest shall exist by reason of (i) ownership in a
business if the ownership interest exceeds three percent of the total equity of the
business; (ii) annual income that exceeds, or may reasonably be anticipated to
exceed, $10,000 from ownership in real or personal property or a business; (iii)
salary, other compensation, fringe benefits, or benefits from the use of property or
any combination thereof, paid or provided by a business that exceeds, or may
reasonably be anticipated to exceed, $10,000 annually; (iv) ownership of real or
personal property if the interest exceeds $10,000 in value and excluding ownership
in a business, income, or salary, other compensation, fringe benefits or benefits
from the use of property; or (v) personal liability incurred or assumed on behalf of
a business if the liability exceeds three percent of the asset value of the business.
Councilmember Richard A. Maddox
-3-
June 4, 2004
contract" because the application for a non-conforming use is not a "contract" as defined in the Act.3
The application is not an agreement as there is no consideration involved and there is no promise on
the part of the City Council to approve the application. The conditions stated in the application are
voluntarily proffered by the applicant without quid pro quo. Accordingly, Seagate would not be
prohibited under the Act from submitting an application for a non-conforming use.
The next inquiry is whether you have a "personal interest in a transaction" concerning the
application by Seagate. Based upon the facts presented, Seagate is the subject of the transaction to
be considered by City Council. Therefore, you have a personal interest in the transaction.
Because you have a personal interest in this transaction and none ofthe exceptions apply:
the Act prohibits you from participating in and voting on this transactionS and requires the disclosure
of your interest. 6 Accordingly, I have enclosed a proposed disclosure letter for your convenience.
You may either make this declaration orally, which must be recorded in the written minutes of the
City Council, or you may file a signed declaration with the Clerk of the City Council.
In summary, the Act does not prohibit a councilmember, or a company in which the
councilmember has a personal interest, from submitting a non-conforming use application for
consideration by the governing body of which he is a member. However, because of the
councilmember's personal interest in the application, the Act prohibits the councilmember from
participating in the transaction. The prohibition would include the councilmember discussing the
application with staff and other councilmembers and voting on the transaction.
'Pursuant to 92.2-3101 of the Act, a contract is defmed as
any agreement to which a governmental agency is a party, or any agreement on behalf
of a governmental agency that involves the payment of money appropriated by the...
political subdivision, whether or not such agreement is executed on the name of the...
Political subdivision thereof...
'Va. Code S 2.2-3112 (A) (2) & (3).
'Va. Code 9 2.2-3112 (A) (I).
6 The Act provides that "[a jny officer who has a personal interest in any transaction before the governmental
agency of which he is an officer and who is disqualified from participating in that transaction pursuantto A I of 9 2.2-
3112 or otherwise elects to disqualify himself, shall forthwith make disclosure of the existence of his interest and his
disclosure shall be reflected in the public records of the agency." Va. Code S 2.2-3115(E).
Councilmember Richard A. Maddox
-4-
Please contact me should you desire any additional information.
Seen and Concurred:
~~~~
Harvey ee Bryant, III (,
Commonwealth's Attorney
LLUVTV
~V"'Y;tro1Y~
-
... /~
eslie L. Lilley -
City Attorney
June 4, 2004
From:
To:
Date:
Subject:
<MATFALV@aol.com>
<ctycncl@vbgov.com>
6/12/044:24AM
(no subject)
Dear Sir/Madam:
After reading your editorial, rQf:Maddox put self-interest ahead of public
interest,rQ~ I wonder why anyone would run for public office in this city. You state
in your editorial: rQf:As a private citizen, Maddox has the right to appeal to
council to change the development rules on his Oceanfront property.rQ~
Do these property rights somehow disappear when one is elected to public
office? Does a person forfeit his rights to pursue his business interests when he
gets elected and is rewarded with a paltry annual salary?
When elected, Richard Maddox did what any citizen would do: continue to
pursue his normal employment or business interests while serving in office to the
best of his abilities. If one followed the arguments before City Council last
Tuesday, one would understand that any citizen would have been awarded the
right to develop his/her own property in the manner presented. I applaud the
Mayor and our City Council for giving Mr. Maddox his just and due process.
I believe your opinion page and your questionable editorials serve only to
thin the ranks of potential public servants.
With this kind of carping from an ill-informed press, who in their right mind
would put themselves up for the abuse?
Matt Falvey
2216 Sunvista Dr.
Virginia Beach, VA 23455
(757)363-0056
Ruth
From:
To:
Date:
Subject:
<Raven1420@aol.com>
<ctycncl@vbgov.com>
6/10/046:49AM
DISGRACE-SHAM!
Change the "rule of law" when it fits your own! Elections will be coming
around again and maybe the votes won't be split so many ways. Better yet, how do
you spell reeecall??
cc:
<Kevin. todd@verizon.net>
From:
To:
Date:
Subject:
<JAMESNICHOLS427@aol.com>
<ctycncl@vbgov.com>
6/10/04 12:25PM
dairy queen
City Council Members;
As a Native of the area I was very disturbed to see the type
of backdoor politics played by Richard Maddox and his cronies When a council
member puts his own intrests above the people he represents he has no business
being on City Council.Mr.Maddox thinks that he can do whatever he wants at the
Oceanfront just because he is within legal boundries.His small mind and
selfishness has yet to realize that within all Laws is a Spirit of the Law.Mr.Maddox
already has 2 Dairy Queens at the Oceanfront and I am sure he has not
suffered any financial loss from Leasing the property to the Burlage family for 28
years.
It will be a terrible reflection on the City to let him run
roughshod over the Council and the people of Virginia beach who for 28 plus years
have enjoyed Lavern's and Chixx cafe.Also the City has a very large investment
in a Stage at 7th street that has excellent entertainment nightly in the
summer. I do not think the locals and tourist will be very happy with a Dairy Queen
and a $250,000.00 public Outhouse.
I strongly urge the Council to reexamine the policy that has now
opened a very iarge can of worms when it comes to future requests from
landowners to do whatever they want to do and not what the City of Va. Beach states as
their policy.
Sincerly
James R Nichols
400 Rudee Point Road
#201
Virginia
Beach,Va.23451
(757)407-4121
I~Ult, sniitt1. - Save the 7th StreetSiage~and Chixl~averne's- ~_~ ."~=..__~__ --~=-__. ~-=== .. . .... = Page 1J
From:
To:
Date:
Subject:
"Moke, Martin CIV NPDC N6" <martin.moke@navy.mil>
<ctycncl@vbgov.com>
6/10/041:33PM
Save the 7th Street Stage and ChixlLaverne's
Well, folks, you are not doing yourselves proud with this Dairy Queen move at 7th street. I was ready to
vote for "Mayor Meyera for life" a couple of years ago when you "saved" Stumpy Lake. That whole event
now has an apparently dubious outcome. This latest ridiculous move will ruin the 7th Street stage - a
wonderful venue for live local entertainment with some real character. and the ability to sit at either
Mahi-Mah's or Chix.
I lived in Virginia Beach (College Park) from 1981 - 1985 and now live in Salem Woods since 1998. I
became engaged at Fogg's(Waterman's) in 1986. I have paid VA state taxes and VA Beach city taxes for
many, many years. I have voted in every local and national election and made extra effort to vote for
Mayor Oberndorf in the recent election (the school polling place had been changed for the 3rd time in 5
years). I watch city council meetings and school board meetings on VBTV and follow events in the
newspaper
You are making the oceanfront (30th down to Rudee) too hard to access and to enjoy. I used to go to the
oceanfront several times a month and all year long - and spend much money in the process. In the winter
of 2000 you made the parking much more difficult by converting many metered spots to Loading Zones
and Handicapped spots. In August 2002 I tried to walk with my girlfriend from Abbey Road to 17th street
after dinner and a show, and made the mistake of walking down Atlantic Ave. We were accosted by
roving bands of youths for 3 entire city blocks - verbally and in some cases physically - to the point where I
grabbed her hand and was ready to have to run and protect her Policemen on bikes, horses, in cars, on
foot and on motorcycles simply said "get back on the sidewalk" as i tried to maneuver around the crowds -
sometimes on the edge of the street. I haven't seen anything close to that since i served in hostile foreign
capitols, and in Anacostia, DC.
It is becoming much, much easier to go to Waterside/Lower Granby/MacArthur Mall to find real
entertainment and be near the water I have watched this gradual "degradation" in user-friendliness at the
Resort over several years. I am a 45 year old, high achieving, career military man and white collar
professional. However, I have many friends all over the city from many walks of life - I am not the only
one who feels this way, i guarantee. I hope this Dairy Queen fiasco does not come off as desired by the
greedy and selfish Councilman Maddox.
I do applaud the many things you have done well such as the Town Center project - which I believe is a
master stroke. I can only imagine the difficulty of your daily jobs. Thanks for serving and thanks for the
opportunity to make some input and feedback.
Marty Moke
Martin D. Moke, GS-15
NPDC N6/ CIO
Naval Personnel Development Command
(757) 444-2996 x-3100
martin.moke@navy.mil
From:
To:
Date:
Subject:
<TaylorEvi@aol.com>
<ctycncl@vbgov.com>
6/11/043:35PM
Hello
Hello,
My name is Robert Taylor. I was a citizen of Virginia Beach for many years.
I now have an option to buy a parcel of property on the oceanfront I also
am working with Burger King on a franchise. What do I need to do to get
approved to build it? What are the zoning laws? Can you please help me or
point me in the right direction?
Thank you.
Robert Taylor
.. -"--,-,-"",~~",-~,,,,~,,""-'- --'"~''' "'.-'...~~.. .."_.._..."..__.._.~_....~'"
From:
To:
Date:
Subject:
<Raven1420@ao1.com>
<ctycncl@vbgov.com>
6/11/046:58AM
villanueva
The questions that you asked concerning the dq were truly disgusting. You
did show that you follow instructions well---to put a positive spin on it
however. Perhaps you or members of your family need a job at the queen. We were not
forget you come election time if not RECALLED before then. John Redmon
If'uth_~rni~~ Re Tuescevenin9Counci.lmeetin9...M~add~:< a!l~c~c
<~_~..,_~ ~~._.___,._~;,.,",~=.__,.~__.,,.,,.,,-:_=_...,,~._,;.._.,.~~.._....";.""""c--,.._-._""'~_..;,...,..,~_.,:..:,..,..,..,.~.=..c.
From:
To:
Date:
Subject:
Rod Ingram
Martingayle, Kevin
6/8/04 1: 15PM
Re: Tues evening Council meeting ...Maddox app.
Kevin,
Les asked me to respond to your e-mail.
With respect to your first question, our office does not vote on Council transactions, so there's nothing
from which to abstain. We are doing our normal staff work on this and all other agenda items.
With respect to the second question, FOIA's notice requirements were met. FOIA does not require that
agendas include staff recommendations.
Finally, regarding your third question, it is my understanding that Council has not allowed persons, other
than City staff, to give PowerPoint presentations. If you already have prepared a PowerPoint presentation,
you may print it up and distribute a copy to each member of Council. You may use posterboard and an
easei to display iarger images.
Rod
Roderick R Ingram
Associate City Attorney
Office of the City Attorney
Municipal Center
Virginia Beach, Virginia 23456
Phone: (757) 427-4531
Fax: (757) 426-5687
*****************.************************************************************
The information contained in this electronic message is legally privileged and confidential under applicable
law, including but not limited to the attorney-client privilege and/or the work product doctrine, and it is
intended only for the use of the individual or entity named above. If you are not the intended recipient of
this message, you are hereby notified that any use, distribution, copying or disclosure of this
communication is strictly prohibited. If you have received this communication in error, please notify the
City Attorney's Office at (757) 427-4531 or by return e-mail to ringram@vbgov.com and purge the
communication immediately without making any copy or distribution. Thank you.
>>> "Kevin Martingayle" <martingayle@sb-Iawgroup.com> 06/07/04 05:58PM >>>
Les,
A few issues....
1 )Are you or your fellow City attys involved in this app (Maddox), or are
you abstaining in light of either potential or actual conflict?
2)lf you are "in", I'd like your thoughts re my exchange with Ms Smith
below. First, I don't see how the inaccurate agenda comports with FOIA
notice requirements. Second, I need to know whether we're allowed to use the
City's Powerpoint equip (isn't it used for photos routineiy?).
Thanks.
P.S.: I am copying Vanessa V. too, since I know she has a lot of Council
experience, and in case you're not available to reply.
----- Original Message -----
From: Ruth Smith <ctycncl@vbgov.com>
~_ _~ ~_~~~_~~. ~~_ ~~_ ~" ~_u ~-~~.~ ~._- ~--- ._-~ --~- ~- .._-~ - ~-~ -~~ .-"~~.,l
i Ruth Sm~th ~ Re, TlIes evening Counc~ meetingc:.:.,Maddox app..~ __~ ~_._. ~_ ~_ ~__. __. u__ __ ~ _~ Page 2~
To: <martingayle@sb~lawgroup.com>
Sent: Monday, June 07,20045:24 PM
Subject: Re: Fw: Tues evening Council meeting
First, the RECOMMENDATION is for APPROVAL
We had to make some changes in our agenda at the last minute and the word
APPROVAL was inadvertently deleted and not noticed untii the printed agenda
was on my desk after 6 PM last Thursday. We called the Beacon but it was
too late to add anything to the printing of the Council Agenda.
As for the VCR et cetera, we do not have any equipment except that for the
Power Point which is a permanent installation. I regret very much I do not
know of any way we can provide that for you.
>>> "Kevin Martingayle" <martingayle@sb-iawgroup.com> 06/07/04 03:13PM >>>
Sending another way to ensure you have received.
~~~~~ Original Message ~~~~~
From: Kevin Martingayle
To: Ruth Smith
Sent: Monday, June 07, 2004 3:08 PM
Subject: Fw: Tues evening Council meeting
Please reply to this emaiL Thanks.KM
~~~~~ Original Message ~-~~~
From: Kevin Martingayle
To: Ruth Smith
Cc: Katie Lane
Sent: Saturday, June 05, 2004 8:08 AM
Subject: Tues evening Council meeting
Ms Smith,
At the Tues eve Council meeting, I intend to appear and speak on behalf of
Seashore Management, LId., regarding the proposed land use change listed in
agenda item #2, under Pianning, application of "Seagate Development
Corporation", 703 Atlantic Ave and a proposed freestanding DQ. Please
confirm that I will be on the list, and let me know what anyone else
desiring to speak needs to do and by when. Please advise as to any time
limits, and let me know whether you have TVNCR equip available, as well as
an overhead projector and/or slide show projector.
Also, unlike all of the other Planning items on the agenda, I noticed that
there is no recommendation for this item. Do you know why not? Has there
been a recommendation yet?
Thankyou.
Kevin E Martingayle, Esquire
Stallings & Bischoff, P.C.
www.sb~lawgroup.com
2101 Parks Avenue, Suite 801
P.O. Box 1687
Virginia Beach, VA 23451
(757) 422-4700
Facsimile (757) 422~3320
I~~- ..--.- -~ ._~--_. --~- ~--~-- ._-~---~_.
Ruth Smith - Re: Tues evening Council meeting....Maddox app.
...._.___~_._...c....'..n__".---..c..-"-,,~,'",....._._.~~"'_'"'~~,..,,--~.~.~-~=...,..~~",---"~,._,._._.";.~",,,-,-,_...,,--,~._..,_._..._..
Page 11
From:
To:
Date:
Subject:
Rod Ingram
Martingayle, Kevin
6/8/042:03PM
Re: Tues evening Council meeting ...Maddox app.
Kevin,
1) The City Attorney's Office does not have a conflict with respect to this agenda item.
2) As I stated in my last e-mail.FOIA does not require that agendas include staff recommendations.
have looked at the complete agenda on line. You are correct that there has been no after-the-fact
modification of the agenda. Nevertheless, if you go to page 94, which is the second page of the Agenda
Item for the Seagate matter, you will see the phrase, "Recommended Act: Staff recommends approval."
Thus, the recommendation was (and is) contained in the agenda packet.
3) I believe that this is Council's longstanding practice. I am not aware of any written policy on this issue.
As I stated in my e-mail, if you have prepared a PowerPoint presentation, you may provide a copy to the
Council members. If you do not want to distribute a PowerPoint presentation, but you have copies of
photographs that you would like to share with Council, you may mount the pictures on posterboard and
display them on an easel, or you may give each member of Council copies of the pictures
Roderick R. Ingram
Associate City Attorney
Office of the City Attorney
Municipal Center
Virginia Beach, Virginia 23456
Phone: (757) 427-4531
Fax: (757) 426-5687
******************************************************************************
The information contained in this electronic message is legally privileged and confidential under applicable
law, including but not limited to the attorney-client privilege and/or the work product doctrine, and it is
intended only for the use of the individual or entity named above. If you are not the intended recipient of
this message, you are hereby notified that any use, distribution, copying or disclosure of this
communication is strictly prohibited. If you have received this communication in error, please notify the
City Attorney's Office at (757) 427-4531 or by return e-mail to ringram@vbgov.com and purge the
communication immediately without making any copy or distribution. Thank you.
>>> "Kevin Martingayle" <martingayle@sb-Iawgroup.com> 06/08/04 01:38PM >>>
1 )If there's any conflict, then doing "normal staff work" is inappropriate.
That's why I asked the conflict question. So I assume noone has done the
analysis. There are threshold legal issues that require determination. If
the City atty's office has a conflict, it cannot advise. So then what?
2)1 believe your reading of FOIA is wrong. The agenda should reflect all
accurate and available info, especially something that may impact someone's
decision to appear (or not). I find it puzzling that the error STILL exists
on the online agenda. Why hasn't it been fixed?
3)Re our being barred from using either City equip or ours, is this a
policy, rule, ordinance, or just the "way things are"? Please advise. If
there's such a policy, please send to me. I am quite frustrated that we're
not allowed to show the Council pictures to help the members arrive at the
right result. But the staff can show whatever it wants, and it intends to
recommend approval, right? Is that what I am to understand?
..--- Original Message .....
From: Rod Ingram <RINGRAM@vbgov.com>
I Ruth ~rnii~:Re :rues eve~~g Coun~1 meetina:.;Maddox ayp~~-~---. . - d...= ~
paae3J
To: <martingayle@sb-Iawgroup.com>
Cc: Les Lilley <LLlLLEY@vbgov.com>; Vanessa Valldejuli <WALLDEJ@vbgov.com>
Sent: Tuesday, June 08, 2004 1: 15 PM
Subject: Re: Tues evening Council meeting....Maddox app.
Kevin,
Les asked me to respond to your e-mail.
With respect to your first question, our office does not vote on Council
transactions, so there's nothing from which to abstain. We are doing our
normal staff work on this and all other agenda items.
With respect to the second question, FOIA's notice requirements were met.
FOIA does not require that agendas include staff recommendations.
Finally, regarding your third question, it is my understanding that Council
has not allowed persons, other than City staff, to give PowerPoint
presentations. If you already have prepared a PowerPoint presentation, you
may print it up and distribute a copy to each member of Council. You may
use posterboard and an easel to display larger images.
Rod
Roderick R. Ingram
Associate City Attorney
Office of the City Attorney
Municipal Center
Virginia Beach, Virginia 23456
Phone: (757) 427-4531
Fax: (757) 426-5687
****************************************************************************
..
The information contained in this electronic message is legally privileged
and confidential under applicable law, including but not iimited to the
attorney-client privilege and/or the work product doctrine, and it is
intended only for the use of the individual or entity named above. If you
are not the intended recipient of this message, you are hereby notified that
any use, distribution, copying or disclosure of this communication is
strictly prohibited. If you have received this communication in error,
please notify the City Attorney's Office at (757) 427-4531 or by return
e-mail to ringram@vbgov.com and purge the communication immediately without
making any copy or distribution. Thank you.
>>> "Kevin Martingayle" <martingayle@sb-Iawgroup.com> 06/07/04 05:58PM >>>
Les,
A few issues....
1 )Are you or your fellow City attys involved in this app (Maddox), or are
you abstaining in light of either potential or actual conflict?
2)lf you are "in", I'd like your thoughts re my exchange with Ms Smith
below. First, I don't see how the inaccurate agenda comports with FOIA
notice requirements. Second, I need to know whether we're allowed to use the
~ Ruth Smith - Re Tues evenJn\1 Council ~eeting....~add_ox_app~__
~l'age2J
City's Powerpoint equip (isn't it used for photos routinely?).
Thanks.
P.S.: I am copying Vanessa V. too, since I know she has a lot of Council
experience, and in case you're not available to reply.
----- Original Message -----
From: Ruth Smith <ctycncl@vbgov.com>
To: <martingayle@sb-Iawgroup.com>
Sent: Monday, June 07, 2004 5:24 PM
Subject: Re: Fw: Tues evening Councii meeting
First, the RECOMMENDATION is for APPROVAL.
We had to make some changes in our agenda at the last minute and the word
APPROVAL was inadvertently deleted and not noticed until the printed agenda
was on my desk after 6 PM last Thursday. We called the Beacon but it was
too late to add anything to the printing of the Council Agenda.
As for the VCR et cetera, we do not have any equipment except that for the
Power Point which is a permanent installation. I regret very much I do not
know of any way we can provide that for you.
>>> "Kevin Martingayle" <martingayle@sb-Iawgroup.com> 06/07/04 03:13PM >>>
Sending another way to ensure you have received....
----- Original Message -----
From: Kevin Martingayle
To: Ruth Smith
Sent: Monday, June 07, 2004 3:08 PM
Subject: Fw: Tues evening Council meeting
Please reply to this email.Thanks.KM
----- Original Message -----
From: Kevin Martingayle
To: Ruth Smith
Cc: Katie Lane
Sent: Saturday, June 05, 2004 8:08 AM
Subject: Tues evening Council meeting
Ms Smith,
At the Tues eve Council meeting, I intend to appear and speak on behaif of
Seashore Management, Ltd., regarding the proposed land use change listed in
agenda item #2, under Planning, application of "Seagate Deveiopment
Corporation", 703 Atiantic Ave and a proposed freestanding DQ. Please
confirm that I will be on the iist, and let me know what anyone else
desiring to speak needs to do and by when. Please advise as to any time
limits, and let me know whether you have TYNeR equip available, as well as
an overhead projector and/or slide show projector.
Also, unlike all of the other Planning items on the agenda, I noticed that
there is no recommendation for this item. Do you know why not? Has there
been a recommendation yet?
Thankyou.
Kevin E. Martingayle, Esquire
Stallings & Bischoff, P.C.
Ruth Smith~--Re fues evening Cou~~ilm_e~tin9HHMaddo)(_~pP---=_~__~ ~ :~__ .-----~- ---- -- __n --Page 41
www.sb-Iawgroup.com
2101 Parks Avenue, Suite 801
P.O. Box 1687
Virginia Beach, VA 23451
(757) 422-4700
Facsimile (757) 422-3320
cc:
Griffith, Cara; Lilley, Les; Valldejuli, Vanessa
Ruth Smith -
From:
To:
Date:
Subject:
"AI Parker" <allanparker1@cox.net>
<ctycncl@vbgov.com>
6/14/043:09PM
7th street Dairy Queen
I am a strong supporter of property rights and an individuals rights to do what he is legally allowed to do
with his land. The fact is that the laws the city created to keep the oceanfront from becoming a tacky
collections of massage and tattoo parlors or a row of bars that create nothing but trouble, was the right
law. It is a shame to see you lower the standards for Richard Maddox. The venue that is there currently,
Chix and Laverne's along with Maui Maui's, adds to the oceanfront and provides entertainment to
hundreds each week. The city, in fact, has spent considerable money to set up the 7th street stage and
recognized that this concentration of fine food and beverage establishments has worked well for the city
and its visitors.
It would be a shame to see this changed to and ice-cream store and a toilet. I've seen how Mr. Maddox
runs a restroom and I avoid using the one on 17th street and hold out for the ones that are city managed
at 24th and 30th. You can rarely get a faucet on either of the 3 wash basins [Men's side] to emit water,
other than a trickle. The hardware sets loosely in the sockets and were never properly secured to the
basin itself and It is not open as much as the other two. The boardwalk in front of the 17th street Dairy
Queen is always stained with the product Mr. Maddox sells and looks like it always needs cleaning.
You have made an exception for Mr. Maddox and I can predict that in the future you will have to make
other exception or risk Suit in court or you will have to spend our money on attorneys to defend your
rejection of something you allowed a fellow councilman to have.
Please reconsider your decision
Allan R Parker
728 Virginia Dare Dr.
Virginia Beach, VA 23451
- 36-
Item V-K.3,
PLANNING
ITEM # 52683
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED the Ordinance
upon application of WDR PROPERTIES, INC. for a Modification of Conditions for a Conditional Use
Permit approved by City Council November 25, 2003, for automobile sales and rental (WDR Properties,
Inc.)
ORDINANCE UPON APPLICATION OF WDR PROPERTIES, INC.
FOR A MODIFICATION OF CONDITIONS FOR A CONDITIONAL
USE PERMIT APPROVED BY CITY COUNCIL ON NOVEMBER 25,
2003
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of WDR Properties, Inc. for a
Modification or Conditions for a Conditional Use Permit approved by
City Council on November 25, 2003 for automobile sales and rental
(WDR Properties, Inc.). Property is located at 5657 Shore Drive
(GPIN 14691763140000). DISTRICT 4 - BAYSIDE
The following conditions shall be required:
1. All conditions, with the exception of Number 9, attached to the
Conditional Use Permit granted by the City Council on
November 25, 2003 remain in ajIect.
2. Condition Number 9 of the Novemher 25,2003, Conditional Use
Permit is deleted and replaced with the jollowing:
All outdoor lighting shall be shielded to direct light and glare
onto the premises; said lighting and glare shall be dejlected,
shaded, andjocused away from adjoining property. All lighting
fixtures mounted ahove 14feet in height on the light poles shall
be on automatic timers that will shut ofIthe lights between the
hours of9:00 pm and 7:00 am.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council afthe City of Virginia Beach, Virginia, on the 8'h of June, Two Thousand Four
June 8, 2004
Item V-K.3.
PLANNING
Voting:
- 37-
ITEM # 52683 (Continued)
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 8,2004
- 38-
Item V-K.4.
PLANNING
ITEM # 52684
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance
upon Application of21 FUN, L.L.c. DBA SHARX SPORTS for a Conditional Use Permit:
ORDINANCE UPON APPLICATIONOF 21 FUN, L.L.C. DBA SHARX
SPORTS FOR A CONDiTIONAL USE PERMIT FOR AN EATING
AND DRINKING ESTABLISHMENT R06043II74
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of 21 Fun, L.L. C. DBA Sharx Sports for
a Conditional Use Permit for an eating and drinking establishment
where both of the following occur; (i) alcoholic beverages are served;
(ii) The establishment excludes persons on the basis of age during any
part of the day on property located at 211 21" Street (GPIN
24271825480000). DiSTRICT 6 - BEACH
The following conditions shall be required:
1. There shall be no more than one (I) neon sign on the exterior of
the building.
2. The Conditional Use Permit is approved for one (1) year, at
which time, based on an administrative review, the Planning
Director shall determine if the Use Permit shall be renewed for
an additional year with annual review thereajier or referred to
the City Council for further review.
3. All necessary permits, in,lpections, and approvals ji-om the
Planning Department, the Fire Department, and the Alcohol
Beverage Control Board shall be obtained before occupancy of
the expansion. A Certificate of Occupancy for the units shall be
obtained from the Permits and Inspections Division of the
Department of Planning.
4. The improvements to the exterior of the building shall be
constructed and installed in substantial conformance with the
submitted elevation entitled, South Elevation - 21st Street, West
Elevation - Pacific Avenue," prepared by Robin Thomas,
Architect, which is on file in the Planning Department.
5. The identification check of patrons shall be conducted inside the
structure.
6. The ability to exclude minors shall commence at 9:00 p.m.
June 8, 2004
- 39-
Item V-K4.
PLANNING
ITEM # 52684 (Continued)
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 8" of June, Two Thousand Four
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndor(. Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Abstaining:
James L. Wood
Council Members Absent:
None
Councilman Wood DISCLOSED and ABSTAINED Pursuant to Conflict of Interests Act.li 2.2-3115 (E) Re
Item K.4 (21 FUN L.L.c. DBA SHARX SPORTS). Councilman Wood has an ownership interest in JD& W.
Inc. JD& W. Inc. has performed work for related business entities of 21 Fun, L.L. C. and is currently
negotiating construction projects with 21 Fun, L.L. C. Councilman Wood's letter of May 11, 2004, is hereby
made a part of the record.
June 8, 2004
- 40-
Item V-K.5,
PLANNING
ITEM # 52685
Attorney Les Watson, One Columbus Center, Suite 1100, Phone: 497-6633, represented the applicant.
Attorney Watson distributed correspondence from William 1. Balzer, President - Middle Plantation Civic
League, in SUPPORT of the application. Said correspondence is hereby made a part of the record.
Wayne Ramos, 1100 Lamorelle Court, Phone: 340-8225, adjacent resident, spoke in OPPOSITION and
distributed petitions in OPPOSITION. Said petitions are hereby made a part of the record.
Upon motion by Councilman Wood, seconded by Councilman Schmidt, City Council ADOPTED an
Ordinance upon application of JESSUP CONSTRUCTION L.L.C.for a Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF JESSUP CONSTRUCTION
L.L.c. FOR A CHANGE OF ZONING CHANGE OF ZONING
DISTRICTCLASSIFICATION FROM R-40 TO CONDITIONAL R-30
Z06041185
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Jessup Construction L.L. C. for a
Chanlle of Zoninll District Classification from R-40 Residential
District to Conditional R-30 Residential District on property located
at 1017 Harris Road (GPIN 14888503200000 - portion of). The
Comprehensive Plan identifies this site as being within the Primary
Residential Area. DISTRICT 5 - LYNNHA VEN
The following condition shall be required:
1. An agreement encompassing proffers shall be recorded with the Clerk
of the Circuit Court and is hereby made a part of the record.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City ()fVirginia Beach, Virginia, on the 8'" of June, Two Thousand Four
June 8, 2004
- 41 -
Item V-K.5.
PLANNING
ITEM # 52685 (Continued)
Voting:
8-3
Council Members Voting Aye:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Peter W. Schmidt, Ron A.
Villanueva and James L. Wood
Council Members Voting Nay:
Mayor Meyera E. Oberndorf, Jim Reeve and Rosemary Wilson
Council Members Absent:
None
Council Lady Wilson DISCLOSED Pursuant to Conflict ofInterests Act 92.2-3115 (H).Jessup Construction
L.L. C is a client of Prudential Decker Realty. Council Lady Wilson has a personal interest in Prudential
Decker Realty arising out of her receipt of commissions from Prudential Decker Realty. The City Attorney
has advised although she has a personal interest in this transaction, because she does not personally provide
services to Jessup Construction L.L. C, Council Lady Wilson may participate without restriction in City
Council '.I' discussion and vote on this transaction. Council Lady Wilson's letter of May 25, 2004, is hereby
made a part of the record.
June 8, 2004
- 42-
Item V-K.6,
PLANNING
ITEM # 52686
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance
upon application ofBA YMARK CONSTRUCTION CORPORATIONfora Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF BAYMARK
CONSTRUCTION CORPORATION FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM 0-2 TO CONDITIONAL A-36
Z06041186
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Bay mark Construction Corporationfor
a Chanee ofZonine District Classification from 0-2 Office District to
Conditional A-36 Apartment District on property located on the
north side of Wildwood Drive, approximately 70 feet west of
Stratford Drive (GPIN 24085243 J 7). The Comprehensive Plan
identifies this site as being within the Primary Residential Area,
DISTRICT 5 - LYNNHA VEN
The following condition shall be required:
J. An agreement encompassing proffers shall be recorded with the Clerk
of the Circuit Court and is hereby made a part of the record.
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 8'h of June, Two Thousand Four
Voting:
I J -0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 2004
- 43-
Item V-K.7,
PLANNING
ITEM # 52687
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance
upon application of COURTHOUSE MARKETPLACE, L.L.c.jiJr a Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF COURTHOUSE
MARKETPLACE, L.L.C. FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM AG-1, AG-2 AND B-1 TO CONDITIONAL
B-2 Z06041187
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Courthouse Marketplace, L.L. C. for a
Change of Zoning District Classification from AG-1 Agricultural
District, AG-2 Agricultural District and B-1 Neighborhood Business
District with Historic and Cultural District Overlays to Conditional B-
2 Community Business District with a Historic and Cultural District
Overlay on property located on the southwest corner oJPrincess Anne
Road and Nimmo Parkway (GPINS 1494636417000; 1494634587000;
1494631439000; 1494633867000; 1494647111000). The
Comprehensive Plan identifies this site as being within Princess Anne
(Transition Area). DISTRICT 7 - PRINCESS ANNE
The following condition shall be required:
I. An agreement encompassing proffers shall be recorded with the Clerk
of the Circuit Court and is hereby made a part of the record.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 8'" of June, Two Thousand Four
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 2004
- 44-
Item V-K.8.
PLANNING
ITEM # 52688
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance
upon application of DA VID A, PARKER for a Change of Zoning District Classification:
ORDINANCE UPON APPLlCA TION OF DA VID A. PARKER FORA
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5S
TO RT-3 Z06041188
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of DAVID A. PARKER for a Change of
Zoning District Classification ji'om R-5S Residential Single Family
District to RT-3 Resort Tourist District on property located at 408
Winston Salem Avenue (part oj), (GPlN 24271294830000 -- part oj).
The Comprehensive Plan identifies this site as being within the
Oceanfront Resort Area. DISTRICT 6 - BEACH
This Ordinance shall be ~fJective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 8'" of June, Two Thousand Four
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 2004
- 45-
Item V-K9.
PLANNING
ITEM # 52689
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council WITHDREW the
Ordinance upon application of the City to AMEND the City Zoning Ordinance (CZO) 940 I re bulk storage
of earthen minerals as a conditional use in Agricultural Zoning (AG) Districts.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones,
Reba S. McClanan, Richard A. Maddox, Mayor Meyera E.
Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 2004
- 46-
Item V-L.
APPOINTMENTS
ITEM # 52690
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
ARTS and HUMANITIES COMMISSION
HEALTH SERVICES ADVISORY BOARD
HUMAN RIGHTS COMMISSION
SOCIAL SERVICES BOARD
June 8, 2004
- 47-
Item V-D.
ADJOURNMENT
ITEM # 52691
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:05 P.M.
/7?, C, ~a' /-v
~---~---------------------
Beverly O. Hooks, CMC
Chief Deputy City Clerk
uth Hodges Smith, MMC
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
June 8, 2004