HomeMy WebLinkAboutAUGUST 24, 2004 MINUTES
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
HARRY E. D1EZEL Kempsville - District 2
ROBERT M. DYER. Centerville - District I
REBA S. McCLANAN. Rose Hall - District 3
RICHARD A. MADDOX, Beach - District 6
JIM REEVE, Princess Anne - District 7
PETER W. SCHMIDT, At-Large
RON A. VIUANUEVA. At-Large
ROSEMARY WILSON. At-Large
JAMES L. WOOD, Lynnhaven -District 5
CI7Y MANAGER -JAMES K. SPORE
C/7Y ATTORNEY - LESUE L. UUEY
CI7Y CLERK - RUTH HODGES SMITH, MMC
I.
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
24 August 2004
CITY MANAGER'S BRIEFING
- Conference Room -
2:00 PM
A. EMERGENCY RESPONSE SYSTEM (ERS) Update
Charles W. Meyer, Chief Operating Officer
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 427-4303
FAX (757) 426-5669
E-MAIL: Ctycncl@vbgov.com
- Conference Room -
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
3:30 PM
V. FORMAL SESSION
6:00PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
INVOCATION:
Reverend Charles Wiest
Heritage United Methodist 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. SPECIAL FORMAL SESSION
2. INFORMAL AND FORMAL SESSIONS
August 06, 2004
August 10,2004
G. MAYOR'S PRESENTATIONS
1. KING NEPTUNE XXXI and HIS COURT
Nancy A. Creech, President, Neptune Festival
2. BACK BAY NATIONAL WILDLIFE REFUGE
Revenue Sharing IN LIEU OF TAXES
The Honorable Edward L. Schrock
H. AGENDA FOR FORMAL SESSION
I. CONSENT AGENDA
J. RESOLUTIONS/ORDINANCES
1. Resolution to AUTHORIZE the issuance and sale of $ 135-Million General Obligation
Public Improvement Refunding Bonds, Series 2004B, re refunding of certain General
Obligation Bonds for potential eligible outstanding indebtedness of the City.
2. Resolution to AUTHORIZE the FY 2004-05 Performance Contract between Virginia Beach
Community Services Board (CSB) and Virginia Department of Mental Health, Mental
Retardation and Substance Abuse Services (MH/MR/SA).
3. Resolution to RECONSTITUTE the Old Beach District Master Plan Advisory
Committee with definition of the mission to RE-ESTABLISH the Committee and a sunset
clause effective March 31, 2005.
4. Resolution to ESTABLISH the Community Medical Advisory Commission and define the
Commission's mission as Advisors to City Council.
5. Ordinance to CONFIRM the Declaration of Local Emergency re the imminent threat of
disaster posed by Hurricane Charley on August 14, 2004.
6. Ordinances to AUTHORIZE temporary encroachments into portions of the City's
rights-of-way:
a. an existing drainage easement and Lynnhaven River Western Branch (Thalia
Creek) to construct and maintain a private pier, platform and jet ski lift by
Thomas Brian Milan at 404 Putnam Road in Pembroke Manor.
(DISTRICT 4 - BA YSIDE)
b. at Litchfield Way to construct and maintain underground irrigation by Litchfield
Manor Phase 2 Homeowners Association
(DISTRICT 7 - PRINCESS ANNE)
7. Ordinance to ACCEPT and APPROPRIATE $1,300,000 from Hampton Roads Sanitation
District (HRSD) to (CIP #6-103) "Lake Ridge Interceptor Force Main" with revenue
increased accordingly for additional construction costs.
8. Ordinance to APPROPRIATE $442,731 in State, Federal, Gift Fund and miscellaneous
revenues to the Department of Human Services FY 2004-05 Budget re additional Mental
Health, Mental Retardation and Substance Abuse (MH/MRlSA) services.
9. Ordinance to APPROPRIATE $73,000 from the Fund Balance designated for MH/MR to
the Department of Human Services FY2004-05 operating budget re a fire suppression
system for the Kentucky Avenue Intermediate Care facility and a wheelchair van for the
Colby Way Intermediate Care facility.
10. Ordinance to ACCEPT and APPROPRIATE $26,500 in lieu of Park Reservation from
Sudhakar Lavingia to (ClP #4-970) "Park Playground Renovations" re improvements for the
Orchard at Glenwood Subdivision and increase local revenue accordingly.
K. PLANNING - NO ACTION NECESSARY
1. Application of VIRGINIA BEACH COMMUNITY DEVELOPMENT
CORPORATION (VBCDC) for a Conditional Use Permit re a facility for the disabled
at 2441 North Landing Road. (This CUP was deferred by the Planning Commission.)
(DISTRICT 7 - PRINCESS ANNE)
L. PLANNING
1. Petition for a Variance to S 4.4(b) that requires all newly created lots meet all the
requirements of the City Zoning Ordinance (CZO) for WILLIAM P. VAUGHAN at the
northern terminus of Vaughan Road, west of Princess Anne Road, and allow a 28.987-acre
lot to be created from a 70-acre parcel that is divided by a canal leading to West Neck Creek.
(DISTRICT 7 - PRINCESS ANNE)
Recommendation:
APPROVAL
2. Application of DRIVE 1 for a Conditional Use Permit re motor vehicle sales (used) on
the north side of Virginia Beach Boulevard, west of First Colonial Road.
(DISTRICT 6 - BEACH)
Recommendation:
APPROVAL
3. Application of NEW LIFE CHRISTIAN FELLOWSHIP AT PROVIDENCE for a
Conditional Use Permit re a church at 1244 Thompkins Lane.
(DISTRICT 1 - CENTERVILLE)
Recommendation:
APPROVAL
4. Application of SPRING BRANCH COMMUNITY CHURCH for a Conditional Use
Permit re a church (three-phase expansion) at 1500 North Great Neck.
(DISTRICT 5 - L YNNHA VEN)
Recommendation:
APPROVAL
5. Application of OMNIPOINT COMMUNICATIONS CAP OPERATIONS, L.L.C. for
a Conditional Use Permit re a communications tower at 1001 Concert Drive.
(DISTRICT 7 - PRINCESS ANNE)
Recommendation:
APPROVAL
6. Application of CHAIN BRIDGE PROPERTIES, L.L.c. for a Change of Zoning District
Classification from 1-1 Light Industrial District to Conditional B-2 Community Business
District re site redevelopment for retail use and drive-through restaurant at 657
Lynnhaven Parkway (West Oceana area).
(DISTRICT 3 - ROSE HALL)
Staff Recommends:
Planning Commission Recommends:
DENIAL
APPROVAL
7. Application of WEST NECK, L.L.C. for a Change of Zoning District Classification from
AG-l and AG-2 Agricultural Districts with Historic and Cultural District (HCD) Overlay
(portion of) to Conditional R-I0 Residential District with a PD-H2 Planned Unit
Development District Overlay re the development of 1 08 single-family residential housing
units on the west side of West Neck Road, south of North Landing Road.
(DISTRICT 7 - PRINCESS ANNE)
Recommendation:
APPROVAL
8. Application of RONALD MOD LINGER, M.D. for a Change ofZoninf! District
Classification from R-5D Residential Duplex District to Conditional 0-1 Office District
and Conditional R-5D Residential Duplex District re an office for medical practice on
the northwest side of Dam Neck Road, south of Holland Road
(DISTRICT 3 - ROSE HALL)
Recommendation:
APPROVAL
9. Ordinance to AMEND ~~ 215 and 216 of the City Zoning Ordinance (CZO) re the
repair of certain billboards.
Recommendation:
APPROVAL
M. APPOINTMENTS
AGRICULTURAL ADVISORY COMMISSION
OLD BEACH MASTER PLAN ADVISORY COMMITTEE
PARKS and RECREA nON COMMISSION
SOCIAL SERVICES BOARD
WETLANDS BOARD
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
** * * * * * * * *
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
***********
Agenda 08/19104GW
www.vbgov.com
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 24, 2004
Mayor Meyera E. Oberndorf called to order the City Manager's Briefing re an update on the
EMERGENCY RESPONSE SYSTEM in the Council Conference Room, City Hall, on Tuesday, August 24,
2004, at 2:00 P.M.
Council Members Present:
Harry E. Diezel, Robert M. Dyer, 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 Absent:
None
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C IT Y MANA G E R 'S B R IE FIN G
EMERGENCY RESPONSE SYSTEM (ERS) UPDATE
2:00 P.M.
ITEM # 52898
The City Manager introduced Charles W. Meyer, Chief Operating Officer, to present information relative
revisions to the Emergency Response System.
Mr. Meyer advised on Friday, August 20, 2004, at Noon, Mayor Oberndorf and Councilman Wood were
present for a "Meet and Greet" the new Medics in the Department of Emergency Medical Services. This
was an experience, which does not happen often in an organization: an entire new work unit was acquired
all at one time. None have seniority over the others. Division Chief Edward Brazle shared the September
schedule. On September First, the Volunteers will be pulled off the zone cars and placed in ambulances. The
Fire Fighter Medics will be removed from the zone cars and placed in the Fire Stations for Advanced Life
Support (ALS) service. There is a schedule for September intended to fill the minimum of eight (8)
ambulance slots throughout the City on any given day. In the past, the Volunteer Rescue Squads have made
their best effort at staffing ambulances. Now, the Rescue Squads are responsible for filling at least eight (8)
slots. If eight (8) ambulances are not available, Chief Brazle will call the rescue squads for additional
Volunteers. If this is not possible, staffis now available to fill those eight (8) ambulances.
Police Chief A. M Jacocks advised the Police Department is primarily involved in deploying Automatic
External Defibrillators (AEDs) throughout the City. The Department is completing its training of
personnel. Five hundred sixty-two (562) sworn Officers have been certified. This encompasses all of the
precinct staffing who will be directly involved in the ERS program. Today, tomorrow and Thursday, the
training of the members of the Detective Bureau will be completed. Sixty-three (63) members of the Civilian
staff have also been trained. The intent is to train all members of the Department whether part of the official
ERS system or in case they happen to encounter a situation which requires utilizing an AED. The City is
divided from a Police Department prospective by four (4) precincts and then zones within those precincts
for a total of thirty-three (33). The intent is to have each zone car equipped with an AED. Dependent upon
the total price, the Police Department will purchase a minimum of one hundred twenty-two (122)
Automatic External Defibrillators (AEDs). The Police Department already possesses twenty (20) AEDs.
The Request for Funding (RFP) has been awarded. One of the competing vendors filed an appeal relative
the award and have until this Thursday, August 26, 2004, to file a formal appeal on the bid process. Once
this has been resolved, it will entail approximately thirty (30) days to have the AEDs in hand and distributed
to the officers.
Fire Chief Gregory Cade advised the job descriptions for all personnel have been completed. There are
forty-six (46) State Certified Advanced Life Support (ALS) personnel "signed up" to participate in the
Emergency Response System. Fifteen (15) of these ALS personnel are in the process of acquiring the
remaining certifications to be able to practice in Virginia Beach. Thirty-one (31) personnel are practicing
today. Chief Cade distributed maps depicting the Fire Department's current Advanced life Support and
the January 2005 assignments. The Global Positioning System units (GPS) are "on the street". Three (3)
of the GPS units are located in Emergency Medical Services, two (2) are in the Fire Department and one
in the Police Department.
EMS Chief Bruce Edwards advised all twenty-four (24) career Medics and the four (4) Brigade Chiefs
have been hired. Eighteen (18) career Medics will be deployed to shift work on Thursday, August 26, 2004.
There will be six (6) career Medics who have not yet completed their indoctrination training. Hopefully,
all will be operational by the middle of September.
August 24, 2004
- 3 -
C IT Y MANA G E R 'S B R IE FIN G
EMERGENCY RESPONSE SYSTEM (ERS) UPDATE
ITEM # 52898 (Continued)
Chief Edwards distributed two (2) maps depicting the EMS Zone Car Deployment Model and the EMS
Ambulance Deployment Model. There are six (6) zones established including one in the Southern portion
of the City. It would be preferable if more hospitals were located in the City. As soon as the first ambulance
moves to a call to transport the patient i. e. ambulance leaving Kempsville area to deliver the patient the
Systems Status Management must be reviewed to move other ambulances in to fill the gaps. As more and
more ambulances are engaged, the City continues to shift the resources. The number of ambulances are
based on the demand and intensity for that particular area. The Ambulances also travel to Sentara Leigh
Memorial and Chesapeake General. If a Kempsville ambulance has a trauma patient and travels to Virginia
Beach General and upon leaving the Hospital receives a call from Alanton, they will respond as this
ambulance is closer. This occurs all day throughout the shifts. The Zones designated on the maps are based
on the Rescue Squad Response Zones, which provide knowledge of the ambulance's location. The line is
a midway point between the next available ambulance.
Mr. Meyer referenced the system to provide additional response which does not necessarily involve a major
catastrophe. Chief Edwards had a list of approximately thirty (30) available Volunteers (who had not
necessarily been assigned to a shift). Clearly eight (8) ambulances are not enough at certain times of the
day and weekends. The City would seek to staff the number of ambulances necessary, eight (8) ambulances
were the minimum. In the case of a major event, beyond the list of scheduled Volunteers, all members are
contacted by pagers and portables. This would be a major response mode. This similar type of procedure
would happen with the Fire Department. The understanding is that to staff up to eight (8) ambulances is the
primary responsibility of Emergency Medical Services (EMS) with first, the Volunteers, and second, the
career Medics. If more than eight (8) ambulances are necessary, Fire Medics (from shifts or off-shifts) can
be placed in ambulances.
Chief Edwards advised a constant manning policy has been instituted, which allows a method by which
ambulances are staffed and requires the Supervisors review the ambulance seven (7) days into the future.
If there is a gap, the information on the computer sign-ups is reviewed to determine the individuals available
for that particular day. These individuals are then called to staff the units. If the Volunteer rescue resources
are not good on that particular day, then call backs and holdover for the career Medics would be enlisted.
Mr. Meyer advised the decision relative the funds for Volunteer enhancements has been assigned to the
Volunteers for their decision and recommendations. Committees have been established. With the next Capital
Improvement Program, two aspects of the Global Positioning System (GPS) will be reviewed. The
Automatic Vehicle Locator System (A VL) will enable the dispatchers to monitor more closely. This has
not been funded but will be reviewed during the next CIP. Data is being gathered from the three (3)
departments to determine the capabilities of the GPS, thus allowing decisions to be made whether acquiring
a commercial system, the City's or none at all, The most important piece is the performance reporting. Six
(6) months of reporting will be conducted They system was started on July First with the merging of the
data bases for Emergency Medical Services, Fire and Police. These aspects had previously been separate.
The critical components of this measuring system are response time and coverage. The Police Automatic
External Defibrillator (AED) system was separatedfrom this measuring system. The staff did not believe
all the Police work could be merged into this system as the vast majority of Police calls are not medically
related. The AED calls will be pulled out of the Police data and these statistics will be run as a separate
report. Relative call holding, Mr. Meyer was not certain whether this was absorbed into the system. There
are times when no matter the number of ambulances, there are enough and then there will be some call
holding, which should be reflected in the response times.
August 24, 2004
-4-
C IT Y MANA G E R 'S B R IE FIN G
EMERGENCY RESPONSE SYSTEM (ERS) UPDATE
ITEM # 52898 (Continued)
Chief Edwards advised relative turn-around time at the hospitals, the major problems are hospital
diversions. Often, in the worst case scenario, it will entail approximately twenty-five (25) minutes to offload
the patient to an available hospital bed. The staffis reviewing stream liningpaperwork issues and eventually
mechanizing this procedure. An extra five (5) minutes at the hospital can mean the difference of having and
not having enough ambulances. There are locations within the City, particularly southwest Kempsville,
because of the roadway network, automatic aid from another city would be beneficial.
Mayor Oberndorf expressed appreciation to Charles Meyer, ChiefCade, Chief Edwards and Chief Jacocks,
as well as the staff and Volunteers for their open dialogue.
August 24, 2004
-5-
PRESENTATION
2:55 P.M.
ITEM # 52899
Councilman Villanueva sponsored a presentation to City Council by Troy Clifton, President of Tim Miller
Foundation and Tournament Director - Virginia Beach Open. Mr. Clifton presented the Mayor and each
Member of City Council with a Pro Am Bag, Golf Jacket, turtle neck Golf Shirt, official money clip and
tickets (for each City Council Member).
The Virginia Beach Open is scheduled September 6 through 12, 2004, at the Tournament Players Club
(TPC). Mr. Clifton expressed each of the City Council Members are welcome to attend. All have received
one hundred (100) daily passes each. The City has a sky box located at TPC. Mr. Clifton requested the
Mayor and Council Members encourage attendance re the Virginia Beach Open. All of the sponsorships
and foursomes have been "sold out". The Virginia Beach Open is hoping for good weather, good golfing
and good crowds.
Councilman Villanueva advised Tim Miller has been a tremendous benefactor to the City as well as many
community organizations. He was a member of the City's Minority Council and has helped to champion
some of the diversity issues. Mr. Miller is noted by the Small Business Administration as one of the top
Minority Business Contractors in the nation.
August 24, 2004
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AGE N DA REV IE W S E S S ION
3:25 P.M.
ITEM # 52900
J4. Resolution to ESTABLISH the Community Medical Advisory
Commission and define the Commission's mission as Advisors
to City Council.
Council Members Wilson and Wood, Liaisons to the Virginia Beach Sentara Trauma Center Task Force
advised the Task Force recommended the City Council consider the formation of a Health Care Advisory
Committee to assist the City Council in understanding and evaluating relevant health care issues and
providing such ongoing monitoring of the health care environment in Virginia Beach as City Council
determines appropriate. It was originally thought this group could be merged with the Health Services
Advisory Board.
Council Members Wilson and Wood, met with the City Attorney, City Clerk and Dr. Venita Newby-Owens,
Director - Health Department. The conclusion was reached the Health Services Advisory Board does not
have the same mission. Council Members Wilson and Wood suggested the proposed new Commission also
review the Certificate of Public Need and render opinions to the Mayor and City Council.
The City Manager advised the Certificate of Need Policy was deferred indefinitely by City Council.
Two (2) members of City Council shall be appointed as Council Contacts for the Community Medical
Advisory Commission. They will not be voting members.
ITEM # 52901
BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA:
RESOLUTIONS/ORDINANCES
J1. Resolution to AUTHORIZE the issuance and sale of $135-
Million General Obligation Public Improvement Refunding
Bonds, Series 2004B, re refunding of certain General Obligation
Bonds for potential eligible outstanding indebtedness of the City.
J2. Resolution to AUTHORIZE the FY 2004-05 Performance
Contract between Virginia Beach Community Services
Board (CSB) and Virginia Department of Men tal Health, Mental
Retardation and Substance Abuse Services (MH/MR/SA).
J.3. Resolution to RECONSTITUTE the Old Beach District Master
Plan Advisory Committee with definition of the mission to RE-
ESTABLISH the Committee and a sunset clause effective March
31, 2005.
J4. Resolution to ESTABLISH the Community Medical Advisory
Commission and define the Commission's mission as Advisors
to City Council.
August 24, 2004
- 7-
AGE N DA REV I E W S E S S ION
ITEM # 52901 (Continued)
J.5. Ordinance to CONFIRM the Declaration of Local Emergency
re the imminent threat of disaster posed by Hurricane Charley on
August 14, 2004.
J.6. Ordinances to AUTHORIZE temvorarv encroachments into
portions of the City's rights-of-way:
a. an existing drainage easement and Lynnhaven River Western
Branch (Thalia Creek) to construct and maintain a private
pier, platform andjet ski lift by Thomas Brian Milan at 404
Putnam Road in Pembroke Manor
(DISTRICT 4 - BA YSIDE)
b. at Litchfield Way to construct and maintain underground
irrigation by Litchfield Manor Phase 2 Homeowners Association
(DISTRICT 7 - PRINCESS ANNE)
J. 7. Ordinance to ACCEPT and APPROPRIATE $1,300,000 from
Hampton Roads Sanitation District (HRSD) to (CIP #6-103)
"Lake Ridge Interceptor Force Main" with revenue increased
accordingly for additional construction costs.
J.8. Ordinance to APPROPRIATE $442, 731 in State, Federal, Gift
Fund and miscellaneous revenues to the Department of Human
Services FY 2004-05 Budget re additional Mental Health, Mental
Retardation and Substance Abuse (MH/MRlSA) services.
J.9 Ordinance to APPROPRIATE $73,000 from the Fund Balance
designated for MH/MR to the Department of Human Services
FY2004-05 operating budget re afire suppression system for the
Kentucky Avenue Intermediate Care facility and a wheelchair
van for the Colby Way Intermediate Care facility.
J.IO. Ordinance to ACCEPT and APPROPRIATE $26,500 in lieu of
Park Reservation from Sudhakar Lavingia to (CIP #4-970)
"Park Playground Renovations" re improvements for the
Orchard at Glenwood Subdivision and increase local revenue
accordingly.
Council Lady McClanan will vote NAY on Item IV-J.6.a. (Encroachment: Thomas Brian Milan)
August 24, 2004
-8-
AGENDA RE VIE W SESSION
ITEM # 52902
L.4. Application of SPRING BRANCH COMMUNITY CHURCH
for a Conditional Use Permit re a church (three-phase
expansion) at 1500 North Great Neck.
(DISTRICT 5 -LYNNHAVEN)
Councilman Wood referenced the lengthy Planning Commission verbatim detailing the opposition; however,
correspondence from Attorney R. Edward Bourdon, Jr., was distributed re Spring Branch Community
Church and its adjoining neighbors resolving their differences and being in agreement with respect to the
revised conditions. Michael Goodove is the representative of the neighborhood.
Stephen White, Planning, distributed the revised conditions, which are hereby made a part of the record.
1. The church expansion shall be constructed as shown on the site plan
entitled, "Spring Branch Community Church Expansion" dated
6/27/03 by MSA, P.e. The site plan may be revised to meet
requirements of City ordinances.
2.Any existing trees with a caliper of two inches or greater shall be
retained in the new buffer area at the rear of the property. Additional
vegetation shall be added to create the equivalent of a Category IV
landscape buffer. A double row of Leyland Cypress trees shall be
installed along the entire length of the northern property line.
3. The architectural design of the building additions shall be compatible
with the existing building, and the colors and materials shall match the
existing building. The height of the building shall not exceed 49 feet as
approved by the Board of Zoning Appeals April 16, 1997. The Planning
Director, or his designee, shall approve lighting within the proposed
atrium.
4. The applicant shall use individuals trained for traffic control to direct
traffic duringpeak periods of vehicle trips into and out of the site. This
shall include all regular services and any other services, meetings, or
group gatherings where attendance is anticipated to be over 500
people.
5. The playing or use of amplified music shall be limited to the hours of
9:f}fJ 8:00 a.m. to 9:f}fJ 10:00 p.m. The avvlicant intends to take
whatever measures are necessarv to attenuate amplified sound to levels
acceptable to the surroundinf! residential neivhbors. After two (2)
vears from the issuance of the occupancv permit for the new Atrium
addition. the avplicant mav vetition the apvrovriate City officials to
modifv the above time restrictions.
August 24, 2004
-9-
AGE N DA REV I E W S E S S ION
ITEM # 52902 (Continued)
6. Subject to the oermission of The Reserve orooertv owners immediatelv
adjacent to the northernmost common orooerty line between the
Church and The Reserve and the granting of a temoorarv construction
easement to access and utilize. for construction ourposes onlv. an area
of aooroximatelv five (5) feet in width adjacent to and oarallel with the
shared orooertv line between the Church and the Reserve orooertv
owners. the Church shall construct and maintain an eif!ht-(8) foot high
solid brick orivacv fence. with brick columns as needed. within twelve
(] 2) inches of the Church's northern orooertv line. Said fence shall
commence at the intersection of the southwest corner of Lot 78
(Subdivision of The Reserve) and the Church's northern side orooerty
line (or as close to that ooint as the Citv Code will allow an eif!ht-(8)
foot high fence to be built) and shall run to the Church's rear northeast
orooertv corner. The construction of said fence shall commence with
the commencement of construction of the orooosed new addition. In
addition to constructing the aforedescribed brick fencinf! along the
northern boundary of the Church's prooertv. the Church shall also
plant and maintain a staf!f!ered double row of Leland Cvoress trees
alonf! the south side of said brick fence.
Z Applicant has af!reed to modifv the north side building elevation with
resoect to the proposed atrium addition. The atrium shall be modified
bv reducing the heif!ht of the glass wall facing north.
ITEM #52903
J 6. Application of Chain Bridge Properties, L.L. C. for a ChanfJe of
Zoning District Classificationfrom 1-1 Light Industrial District
to Conditional B-2 Community Business District re site
redevelopment for retail use and drive-through restaurant
at 657 Lynnhaven Parkway (West Oceana area).
(DISTRICT 3 - ROSE HALL)
Council Lady McClanan advised the BAJA FRESH Mexican Grill, which is a part of this application, is
a wondeiful restaurant. The Planning staff and Virginia Beach Development Authority have recommended
Denial.
Vice Mayor Jones advised this site is located in the Ocean a West Industrial Park and is subject to deed
restrictions administered by the Virginia Beach Development Authority (VBDA). The southern property line
of the subject parcel marks the southern boundary of the industrial park. The VBDA developed the park and
has design review control over all improvements made in the park and use controls over most of the parcels,
restricting the uses beyond what is normally allowed in the 1-1 Industrial District. The subject parcel does
not have use controls. The VBDA agreed to allow development of the subject parcel "as a full-service, sit-
down restaurant ", a use allowable by right under 1-1 zoning, though not permitted by right under the
VBDA's use restrictions applicable to the Industrial Park. In 1992, the VBDA deliberately permitted the
development of the restaurant to provide this amenity in close proximity to the users of the Park.
This item will be discussed during the Formal Session
August 24, 2004
-10 -
AGENDA RE VIE W SESSION
ITEM # 52904
NO ACTION
K.1. Application of Virginia Beach Community Development
Corporation (VBCDC) for a Conditional Use Permit re a
facility for the disabled at 2441 North Landing Road. (This
CUP was deferred by the Planning Commission.)
(DISTRICT 7 - PRINCESS ANNE)
ITEM # 52905
BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA:
L.1. Petition for a Variance to 9 4, 4(b) that requires all newly created
lots meet all the requirements of the City Zoning Ordinance
(CZO)for WILLIAM P. VAUGHAN at the northern terminus of
Vaughan Road, west of Princess Anne Road, and allow a 28.987-
acre lot to be created from a 70-acre parcel that is divided by a
canal leading to West Neck Creek.
(DISTRICT 7 - PRINCESS ANNE)
L.2. Application of DRIVE 1 for a Conditional Use Permit re motor
vehicle sales (used) on the north side of Virginia Beach
Boulevard, west of First Colonial Road.
(DISTRICT 6 - BEACH)
L.3. Application of NEW LIFE CHRISTIAN FELLOWSHIP AT
PROVIDENCE for a Conditional Use Permit re a church at
1244 Thompkins Lane.
(DISTRICT 1 - CENTERVILLE)
L.4. Application of SPRING BRANCH COMMUNITY CHURCH
for a Conditional Use Permit re a church (three-phase
expansion) at 1500 North Great Neck.
(DISTRICT 5 - LYNNHA VEN)
L.5. Application of OMNIPOINT COMMUNICATIONS CAP
OPERATIONS, L.L.C. for a Conditional Use Permit re a
communications tower at 1001 Concert Drive.
(DISTRICT 7 - PRINCESS ANNE)
L. 7. Application of WEST NECK, L.L.c. for a Chanf!e of Zoning
District Classification from AG-1 and AG-2 Agricultural
Districts with Historic and Cultural District (HCD) Overlay
(portion oj) to Conditional R -10 Residential District with a P D-
H2 Planned Unit Development District Overlay re the
development of 1 08 single-family residential housing units on
the west side of West Neck Road, south of North Landing Road.
(DISTRICT 7 - PRINCESS ANNE)
August 24, 2004
-11 -
AGE N DA REV IE W S E S S ION
ITEM # 52905 (Continued)
L.8. Application of RONALD MODLINGER, M.D. for a Change of
Zoninf! District Classification from R-5D Residential Duplex
District to Conditional 0-1 Office District and Conditional R-
5D Residential Duplex District re an office for medical practice
on the northwest side of Dam Neck Road, south of Holland Road
(DISTRICT 3 - ROSE HALL)
L. 9. Ordinance to AMEND 99 215 and 216 of the City Zoning
Ordinance (CZO) re the repair of certain billboards.
Item L.4. (Spring Branch Community Church) shall be ADOPTED, BY CONSENT, with revised
conditions.
August 24, 2004
- 12-
CITYCOUNCIL COMMENTS
3:30 P.M.
ITEM # 52906
Councilman Reeve advised the Joint Land Use Study (JLUS) Policy Group members met last evening,
Monday, August 23, 2004,from 6:30 P.M. to 8:30 P.M in the Human Resources Training Rooms A and B.
Twelve (J 2) stakeholders groups were invited to give a ten (10) minute presentation on their position and
concerns. Stakeholder groups attending were Citizens Concerned About Jet Noise (CCAJN), Virginia Beach
Vision, Virginia Beach Chamber of Commerce, Council of Civic Organizations (CCO), North Landing
Homeowners Association, Citizens Action Coalition, Inc. (CACI), Navy League, Association of Naval
Aviation and Tidewater Builders Association (TBA). Council Members Maddox, Reeve and the City
Manager are members of the Policy Group. Councilman Reeve expressed appreciation to Councilman Dyer
for attending.
ITEM # 52907
Mayor Oberndorf referenced the correspondence from Cindy Curtis, Director of Parks and Recreation,
advising if the weather holds, the concrete will be poured on the side of Mount Trashmore. The City Seal
in its entirety is being cast and hopefully will be delivered to be ensconced there by Mid October. Citizens
had been told the Cross would not be present on the City Seal. Mayor Oberndorf was assured by staff the
Cross will be incorporated as it is an integral part of the City Seal.
August 24, 2004
-13 -
ITEM # 52908
Mayor Oberndorf, entertained a motion to permit City Council to conduct its CLOSED SESSION,
pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion, consideration or interviews of
prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation of
specific public officers, appointees or employees pursuant to Section 2.2-
3711 (A) (1).
Appointments: To Wit: Appointments: Boards and Commissions:
Agricultural Advisory Committee
Health Services Advisory Board
Old Beach Master Plan Advisory Committee
Parks and Recreation Commission
Social Services Board
Wetlands Board
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, the
disposition of publicly-held property, plans for the future of an institution
which could affect the value of property owned or desirable for ownership
by such institution pursuant to Section 2.2-3711 (A)(3).
Acquisition/Disposition of Property:
Princess Anne District
Beach District
LEGAL MATTERS: 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).
Sign Regulations
Princess Anne District - B-4 Zoning
PUBLIC CONTRACT: Discussion or consideration bya responsible public
entity or an affected local jurisdiction, as those terms are defined in Section
56-557, of confidential proprietary records excluded from this chapter
pursuant to Section 2.2-3705(A)(56) AND Discussion of the award of a
public contract involving the expenditure of public funds; and, discussion
of the terms or scope of such contract, where discussion in an open session
would adversely affect the bargainingposition or negotiating strategy of the
public body.
Lifeguard Contract
CJh and 10th Street Properties
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council voted to proceed into
CLOSED SESSION (3:35 P.M.).
August 24, 2004
-14 -
ITEM # 52908 (Continued)
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, 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
Councilman Schmidt left at 5:30 P.M
(Closed Session: 3:35 P.M. - 5:42 P.M.)
(Dinner: 5:42 P.M. - 5:48 P.M.)
August 24, 2004
- 15 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
August 24, 2004
6:00 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, August 24, 2004, at 6:00 P.M
Council Members Present:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Absent:
Peter W Schmidt
[Left at 5:30 P.MJ
INVOCATION: Reverend Charles Wiest
Heritage United Methodist 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 of 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's 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 agendafor each meeting of 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 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 hereby made apart of the record.
August 24, 2004
-16-
Item VI-E.1.
CERTIFICATION OF
CLOSED SESSION
ITEM # 52909
Upon motion by Councilman Reeve, seconded by Council Lady Wilson, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Peter W. Schmidt
August 24, 2004
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM # 52908, page 13, 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.
August 24, 2004
-17-
Item VI-F.J.
MINUTES
ITEM # 52910
Upon motion by Councilman Reeve, seconded by Council Lady Wilson, City Council APPROVED the
Minutes of the SPECIAL FORMAL SESSION of August 6,2004, and APPROVED, AS AMENDED*,
the Minutes of the INFORMAL and FORMAL SESSIONS of August 10, 2004.
*Council Lady Wilson DISCLOSED that previously ALCAR, L.L. C.
was a client of Goodman and Company, her husband's accounting
firm. Goodman and Company no longer provide services to ALCAR,
L.L. C. (Amended on Pages 13, 34 and 46)
Voting: 10-0
Council Members Voting Aye:
Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Peter W. Schmidt
August 24, 2004
- 18-
Item V-G. 1.
MAYOR'S PRESENTATIONS
ITEM # 52911
BACK BAY NATIONAL WILDLIFE REFUGE
The Honorable Edward 1. Schrock, United States Congress, presented the City of Virginia Beach two (2)
checks in the amount of $177,716.00 and $1,834.00 respectively from Back Bay National Wildlife Refuge
and Mackay Island Wildlife Refuge. This payment represents Revenue Sharing in lieu of taxes.
August 24, 2004
-19 -
Item V-G.2.
MAYOR'S PRESENTATIONS
ITEM # 52912
Nancy A. Creech, President - Virginia Beach Neptune Festival, introduced Tom Fraim, Volunteer Chairman
- 2004 Neptune Festival.
Tom Fraim advised the Neptune Festival commenced in the Spring with the announcement of King Neptune.
An international Wine Festival, benefitted the Legends Walk. The Neptune Festival cooperated with the
Virginia Aquarium in the Earth Shakers Ball. Virginia Beach City Council has been one of the most ardent
supporters of the Neptune Festival. The Neptune Festival is a SOld organization and directed by a
Volunteer Board of Directors. For the past thirty-one (31) years, the Festival has made a significant
contribution to the City and the Region. The Neptune Festival spans a broad spectrum from sporting events,
music, art, sand sculpting, parades, fireworks and foods appealing to all ages and interest. Fifteen hundred
(J 500) citizens volunteer for the Neptune Festival. Charitable contributions of approximately $1.5-
MILLION have been made to charities in the City. Over Yz million individuals will be hosted this September,
filling every hotel room and restaurant, Mr. Fraim expressed appreciation to the City, Farm Fresh,
Hoffman Beverage, Budweiser Brand, Gold Key, PHR, ACS systems and Tim Miller Foundationfor their
significant financial support. Mr. Fraim introduced the Court of King Neptune XXXI
2004 ROYAL COURT
KING NEPTUNE XXXI
Aubrey Gene Loving
TRITONS
Andrew Downing
David Dennis
Dr. Russell Dunnington
Dennis Ellmer
Frank Dudley Fulton
Robert Green
Robert Howard
Richard Thurmond
PRINCESSES
Laurne Antle
Kelly Davies
Lauren Downing
Alex Fulton
Whitney Fulton
Ashlea Garringer
Margaret Guy
Brittney Hamilton
Chez Hughes
Elisabeth Miller
Amada Miller
Lauren Rowland
Lisa Scotti
Lauren Wright
King Neptune XXXI, Aubrey Gene Loving, advised last year 600,000 individuals from forty-four (44)
different States, and eleven (J 1) foreign countries attended the Festival. Thirty-seven (37) different events
comprise the Neptune Festival. This is the thirty-first Neptune Festival. Mayor Oberndorfpresented King
Neptune with a cobalt blue City Seal Cup as a token of congratulations.
August 24, 2004
- 20-
Item V-G.3
MAYOR'S PRESENTATIONS
ITEM # 52913
Lieutenant Commander Rehorn, Commanding Officer - Fort Story, recognized the City Attorney, Leslie L.
Lilley, for his legal expertise in assisting their new housing project.
Paperwork needed to be initiated relative the planning execution of two-hundred fifty (250) new homesfor
the Fort Story soldiers. The old homes were approximately 950 square feet and built at the time "Elvis"
was still in the Army. The new homes are 1950 square feet. City Attorney Leslie L. Lilley reduced six (6)
months of paperwork to six (6) days. Commander Rehorn presented the City Attorney with a framed
photograph of the existing structure of Fort Story.
August 24, 2004
- 21 -
Item V-H. 1.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 52914
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
and ADDED:
1. Resolution REQUESTING the Planning Commission study the
issue of political campaign signs on private property and
provide recommendations to the City Council concerning
potential amendments to the City Zoning Ordinance pertaining
to such signage.
2. Public Comment: NAACP Delegation re Disparity of City
employment and appointments (Sponsored by Council Members
Wilson and Villanueva)
August 24, 2004
- 22-
Item V-H.2.
ADD-ON
ITEM # 52915
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADDED to the Consent
Agenda:
Resolution REQUESTING the Planning Commission study the issue
of political campaign signs on private property and provide
recommendations to the City Council concerning potential
amendments to the City Zoning Ordinance pertaining to such signage.
Voting:
10-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim
Reeve, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Peter W. Schmidt
August 24, 2004
- 23-
Item V-J.
RESOLUTIONS/ORDINANCES
ITEM # 52916
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED in ONE
MOTION Resolutions/Ordinances 1 2, 3, 4, 5, 6, 7, 8, 9, 10 and (ADD-ON) 11 of the CONSENT
AGENDA.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Peter W. Schmidt and James 1. Wood
CouncilLady McClanan voted a VERBALNAY on Item J.6.a. (Temporary Encroachment: Thomas Brian
Miller).
August 24, 2004
- 24-
Item V-J.J.
RESOLUTIONS/ORDINANCES
ITEM # 52917
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Resolution to AUTHORIZE the issuance and sale of $135-Million
General Obligation Public Improvement Refunding Bonds, Series
2004B, re refunding of certain General Obligation Bonds for potential
eligible outstanding indebtedness of the City
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Peter W. Schmidt and James L. Wood
August 24, 2004
1
2
3
4
5
6
7
8
9
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF
GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING
BONDS, SERIES OF 2004B, IN THE MAXIMUM PRINCIPAL
AMOUNT OF $135,000,000 OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, PROVIDING FOR THE FORM, DETAILS AND
PAYMENT THEREOF AND PROVIDING FOR THE REFUNDING OF
CERTAIN GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS
OF THE CITY
10
WHEREAS, it appears that the City of Virginia Beach, Virginia
11 (the "City"), can effect considerable savings by issuing bonds to
12 refund all or a portion of the following bond issues (collectively,
13 the "Refunded Bonds") :
14
(a)
General Obligation Public Improvement Bonds, Series of
15
1997,
issued in the original aggregate principal amount of
16 $56,700,000, of which $36,855,000 is currently outstanding;
17
(b)
General Obligation Public Improvement and Refunding
18 Bonds, Series of 1998, issued in the original aggregate principal
19
amount
of
$125,610,000,
of which
$88,435,000
is
currently
20 outstanding;
21
(c)
General Obligation Public Improvement Bonds, Series of
22
2000,
issued in the original aggregate principal amount of
23 $76,100,000, of which $60,880,000 is currently outstanding;
24
(d)
General Obligation Public Improvement Bonds, Series of
25
2001,
issued in the original aggregate principal amount of
26 $48,500,000, of which $41,225,000 is currently outstanding;
27
28
29
30
(e) General Obligation Public Improvement and Refunding
Bonds, Series of 2002, issued in the original aggregate principal
$84,365,000
is
currently
$95,000,000,
of
which
amount
of
outstanding; and
31
32
33
(f) General Obligation Public Improvement Bonds,
Series
amount
of
of
2003A,
issued in the original aggregate principal
$47,500,000, all of which is currently outstanding; and
34
WHEREAS, it has been recommended to the Council of the City
35 (the "City Council") by representatives of Government Finance
36 Associates, Inc. and ARD Government Finance Group (the "Financial
37 Advisors") that the City issue and sell a series of general
38 obligation public improvement refunding bonds in the maximum
39 principal amount of $135,000,000; and
40
41
42
43
44
45
46
47
after soliciting and reviewing applications of
WHEREAS,
investment banking firms and interviewing certain firms, the City
Financial Advisors,
have
staff,
upon consultation with the
recommended the managing underwriting team of BB&T Capital Markets,
a division of Scott & Stringfellow, Inc., Citigroup Global Markets,
Inc., A.G. Edwards & Sons, Inc. and UBS Financial Services Inc.
(the "Underwriters") for such general obligation public improvement
refunding bonds.
48
49
50 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
51 OF VIRGINIA BEACH, VIRGINIA:
52
1.
Issuance of Bonds.
There shall be issued, pursuant to
53 the Constitution and statutes of the Commonwealth of Virginia,
54 including the City Charter and the Public Finance Act of 1991,
55 general obligation public improvement refunding bonds of the City
56 in the maximum aggregate principal amount of $135,000,000 (the
57 "Bonds") to provide funds to refund the Refunded Bonds, including
58 funds to pay principal of and premium and interest on the Refunded
59 Bonds until their redemption and costs incurred in connection with
60 such refunding and costs incurred in connection with issuing the
61 Bonds.
62
2.
Bond Detai1.s.
The Bonds shall be designated "General
63 Obligation Public Improvement Refunding Bonds, Series of 2004B," or
64 such other designation as may be determined by the City Manager,
65 shall be in registered form, shall be dated such date as may be
66 determined by the City Manager, shall be in denominations of $5,000
67 and integral multiples thereof and shall be numbered R-1 upward.
68 Subj ect to Section 8, the issuance and sale of the Bonds to the
69 Underwriters are authorized on terms as shall be satisfactory to
70 the City Manager; provided, however, that the Bonds (a) shall have
71 a "true" or "Canadian" interest cost not to exceed 6.0% (taking
72 into account any original issue discount or premium), (b) shall be
73 sold to the Underwriters at a price not less than 98.5% of the
74 principal amount thereof (excluding any original issue discount)
75
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77
78
79
and (c) shall mature or be subject to mandatory sinking fund
redemptions in annual installments beginning no later than December
31, 2005, and ending no later than December 31, 2025.
Principal of
the Bonds shall be payable annually on dates determined by the City
Manager.
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Each Bond shall bear interest at such rate as shall be
determined at the time of sale, calculated on the basis of a 360-
day year of twelve 30-day months, and payable semiannually on dates
determined by the City Manager.
Principal shall be payable to the
registered owners upon surrender of Bonds as they become due at the
office of the Registrar (as hereinafter defined).
Interest shall
be payable by check or draft mailed to the registered owners at
their addresses as they appear on the registration books kept by
the Registrar on a date prior to each interest payment date that
shall be determined by the City Manager (the "Record Date").
Principal, premium, if any, and interest shall be payable in lawful
money of the United States of America.
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99
Initially, one Bond certificate for each maturity of the Bonds
shall be issued to and registered in the name of The Depository
Trust Company, New York, New York ("DTC"), or its nominee. The
Blanket
Letter
of
into
entered
City
has
heretofore
a
Representations relating to a book-entry system to be maintained by
DTC with respect to the Bonds.
"Securities Depository" shall mean
DTC or any other securities depository for the Bonds appointed
pursuant to this Section.
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101
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107
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In the event that (a) the Securities Depository determines not
to continue to act as the securities depository for the Bonds by
giving notice to the Registrar, and the City discharges its
responsibilities hereunder, or (b) the City in its sole discretion
determines (i) that beneficial owners of Bonds shall be able to
obtain certificated Bonds or (ii) to select a new Securities
Depository, then the City's Director of Finance shall, at the
direction of the City,
attempt to locate another qualified
securities depository to serve as Securities Depository and
authenticate and deliver certificated Bonds to the new Securities
Depository or its nominee, or authenticate and deliver certificated
Bonds to the beneficial owners or to the Securities Depository
participants on behalf of beneficial owners substantially in the
form provided for in Section 5; provided, however, that such form
shall provide for interest on the Bonds to be payable (A) from the
date of the Bonds if they are authenticated prior to the first
interest payment date, or (B) otherwise from the interest payment
date that is or immediately precedes the date on which the Bonds
are authenticated
(unless payment of interest thereon is in
default, in which case interest on such Bonds shall be payable from
the date to which interest has been paid).
In delivering
certificated Bonds,
the City's Director of Finance shall be
entitled to rely on the records of the Securities Depository as to
the beneficial owners or the records of the Securities Depository
participants
acting on behalf of beneficial owners.
Such
125 certificated Bonds will then be registrable, transferable and
126 exchangeable as set forth in Section 7.
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128
129
130
131
132
133
134
135
136
137
138
139
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141
142
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146
So long as there is a Securities Depository for the Bonds (1)
it or its nominee shall be the registered owner of the Bonds, (2)
notwithstanding anything to the contrary in this Resolution,
determinations of persons entitled to payment of principal,
premium, if any, and interest, transfers of ownership and exchanges
and receipt of notices shall be the responsibility of the
Securi ties Depository and shall be effected pursuant to rules and
procedures established by such Securities Depository,
(3) the
Registrar and the City shall not be responsible or liable for
maintaining, supervising or reviewing the records maintained by the
Securi ties Depository, its participants or persons acting through
such participants, (4) references in this Resolution to registered
owners of the Bonds shall mean such Securities Depository or its
nominee and shall not mean the beneficial owners of the Bonds, and
(5) in the event of any inconsistency between the provisions of
this Resolution and the provisions of the above-referenced Blanket
Letter of Representations such provisions of the Blanket Letter of
Representations, except to the extent set forth in this paragraph
and the next preceding paragraph, shall control.
3.
Redemption Provisions.
The Bonds may be subject to
147 redemption prior to maturity at the option of the City on or after
148 dates, if any, determined by the City Manager, in whole or in part
149 at any time, at a redemption price equal to the principal amount of
150 the Bonds, together with any interest accrued to the date fixed for
151 redemption, plus a redemption premium not to exceed 2% of the
152 principal amount of the Bonds, such redemption premium to be
153 determined by the City Manager.
154 Any term bonds may be subject to mandatory sinking fund
155 redemption upon terms determined by the City Manager.
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170
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174
If less than all of the Bonds are called for redemption, the
Bonds to be redeemed shall be selected by the City's Director of
Finance in such manner as may be determined to be in the best
interest of the City.
If less than all of any maturity of the
Bonds are called for redemption, the Bonds within such maturity to
be redeemed shall be selected by the Securities Depository pursuant
to its rules and procedures or, if the book-entry system is
discontinued, shall be selected by the Registrar by lot in such
manner as the Registrar in its discretion may determine.
In either
case, (a) the portion of any Bond to be redeemed shall be in the
principal amount of $5,000 or some integral multiple thereof and
(b)
in selecting Bonds for redemption,
each Bond shall be
considered as representing that number of Bonds that is obtained by
dividing the principal amount of such Bond by $5,000.
The City
shall cause notice of the call for redemption identifying the Bonds
or portions thereof to be redeemed to be sent by facsimile
transmission, registered or certified mail or overnight express
deli very, not less than 30 nor more than 60 days prior to the
redemption date, to the registered owner of the Bonds.
The City
175
176
177
178
179
180
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182
183
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186
187
188
189
190
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192
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shall not be responsible for mailing notice of redemption to anyone
other than DTC or another qualified Securities Depository or its
nominee unless no qualified Securities Depository is the registered
owner of the Bonds.
If no qualified Securities Depository is the
registered owner of the Bonds, notice of redemption shall be mailed
to the registered owners of the Bonds.
If a portion of a Bond is
called for redemption, a new Bond in principal amount equal to the
unredeemed portion thereof will be issued to the registered owner
upon the surrender thereof.
4.
Execution and Authentication.
The Bonds shall be signed
by the manual or facsimile signature of the Mayor or Vice-Mayor,
shall be countersigned by the manual or facsimile signature of its
Clerk or Deputy Clerk, and the City's seal shall be affixed thereto
or a facsimile thereof printed thereon; provided, however, that if
both of such signatures are facsimiles, no Bond shall be valid
until it has been authenticated by the manual signature of the City
Treasurer as Registrar or an authorized officer or employee of any
bank or trust company serving as successor the Registrar and the
date of authentication noted thereon.
5.
Bond Form.
The Bonds shall be in substantially the
following form, with such completions, omissions, insertions and
changes not inconsistent with this Resolution as may be approved by
the officers signing the Bonds, whose approval shall be evidenced
conclusively by the execution and delivery of the Bonds:
199 Unless this certificate is presented by an authorized
200 representative of The Depository Trust Company, a New York
201 corporation ("DTC"), to the issuer or its agent for registration of
202 transfer, exchange, or payment, and any certificate is registered
203 in the name of Cede & Co., or in such other name as is requested by
204 an authorized representative of DTC (and any payment is made to
205 Cede & Co. or to such other entity as is requested by an authorized
206 representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF
207 FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as
208 the registered owner hereof, Cede & Co., has an interest herein.
209
210 REGISTERED
REGISTERED
211 No. R-
$
212
UNITED STATES OF AMERICA
213
COMMONWEALTH OF VIRGINIA
214
CITY OF VIRGINIA BEACH
215
216
General Obligation Public Improvement Refunding Bond
Series of 2004B
217
INTEREST RATE
MATURITY DATE
DATED DATE
CUSIP
, 2004
218
%
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242
REGISTERED OWNER:
CEDE & CO.
PRINCIPAL AMOUNT:
DOLLARS
The City of Virginia Beach, Virginia (the "City"), for value
received, promises to pay, upon surrender hereof to the registered
owner hereof, or registered assigns or legal representative, the
principal sum stated above on the maturity date stated above,
subj ect to prior redemption as hereinafter provided, and to pay
interest hereon from its date semiannually on each
and
beginning
at the annual rate stated
above, calculated on the basis of a 360-day year of twelve 30-day
months.
Principal, premium, if any, and interest are payable in
lawful money of the United States of America by the City Treasurer,
who has been appointed Registrar (the "Registrar").
The City may
appoint a qualified bank as successor paying agent and registrar
for the bonds.
Notwithstanding any other provision hereof, this bond is
subj ect to a book-entry system maintained by The Oeposi tory Trust
Company ("OTC"), and the payment of principal, premium, if any, and
interest, the providing of notices and other matters shall be made
as described in the City's Blanket Letter of Representations to
OTC.
This bond is one of an issue of $
General
Obligation Public Improvement Refunding Bonds, Series of 2004B, of
like date and tenor, except as to number, denomination, rate of
243
244
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246
247
248
249
250
251
252
253
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266
interest, privilege of redemption and maturity, and is issued
pursuant to the Constitution and statutes of the Commonwealth of
Virginia, including the City Charter and the Public Finance Act of
1991.
The bonds are issued pursuant to a resolution adopted by the
City Council on August
2004, to provide funds to refund
portions of various series of general obligation bonds issued by
the City between [1997 and 2003] and to pay costs of issuance of
the bonds.
Bonds maturing on or before
to redemption prior to maturity.
are not subj ect
Bonds maturing on or after
, are subject to redemption prior to maturity at the
option of the City on or after
, in whole or in part
at any time (in any multiple of $5,000), upon payment of the
following redemption prices (expressed as a percentage of principal
amount of bonds to be redeemed) plus interest accrued and unpaid to
the date fixed for redemption:
Period During Which Redeemed
(Both Dates Inclusive)
Redemption
Price
[
Bonds maturing on
are required to be
redeemed in part before maturity by the City on
in the
years and amounts set forth below, at a redemption price equal to
267 the principal amount of the bonds to be redeemed, plus accrued
268 interest to the redemption date:
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
Year
Amount
Year
Amount
If less than all of the bonds are called for redemption, the
bonds to be redeemed shall be selected by the City's Director of
Finance in such manner as may be determined to be in the best
interest of the City.
If less than all the bonds of a particular
maturity are called for redemption, the bonds within such maturity
to be redeemed shall be selected by DTC or any successor securities
deposi tory pursuant to its rules and procedures or, if the book
entry system is discontinued, shall be selected by the Registrar by
lot in such manner as the Registrar in its discretion may
determine.
In either case, (a) the portion of any bond to be
redeemed shall be in the principal amount of $5,000 or some
integral
multiple
thereof
and
in
selecting bonds
for
(b)
redemption, each bond shall be considered as representing that
number of bonds that is obtained by dividing the principal amount
of such bond by $5,000. The City shall cause notice of the call
for redemption identifying the bonds or portions thereof to be
redeemed to be sent by facsimile transmission, registered or
certified mail or overnight express delivery, not less than 30 nor
more than 60 days prior to the redemption date, to DTC or its
nominee as the registered owner hereof.
If a portion of this bond
291 is called for redemption, a new bond in the principal amount of the
292 unredeemed portion hereof will be issued to the registered owner
293 upon surrender hereof.
294 The full faith and credit of the City are irrevocably pledged
295 for the payment of principal of and premium, if any, and interest
296 on this bond. Unless other funds are lawfully available and
297 appropriated for timely payment of this bond, the City Council
298 shall levy and collect an annual ad valorem tax, over and above all
299 other taxes authorized or limited by law and without limitation as
300 to rate or amount, on all taxable property within the City
301 sufficient to pay when due the principal of and premium, if any,
302 and interest on this bond.
303 The Registrar shall treat the registered owner of this bond as
304 the person or entity exclusively entitled to payment of principal
305 of and interest on this bond and the exercise of all other rights
306 and powers of the owner, except that interest payments shall be
307 made to the person or entity shown as the owner on the registration
308 books on the first day of the month preceding each interest payment
309 date.
310 All acts, conditions and things required by the Constitution
311 and statutes of the Commonwealth of Virginia to happen, exist or be
312 performed precedent to and In the issuance of this bond have
313 happened, exist and have been performed, and the issue of bonds of
314 which this bond is one, together with all other indebtedness of the
315 City, is within every debt and other limit prescribed by the
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317
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319
320
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322
323
324
325
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327
328
329
Constitution and statutes of the Commonwealth of Virginia.
IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has
caused this bond to be signed by its Mayor, to be countersigned by
its Clerk, its seal to be affixed hereto, and this bond to be dated
, 2004.
COUNTERSIGNED:
(SEAL)
Clerk, City of Virginia Beach,
Virginia
Mayor, City of Virginia Beach
Virginia
ASSIGNMENT
FOR VALUE RECEIVED the undersigned sell(s), assign(s) and
transfer(s)
unto
330 (Please print or type name and address, including postal
331 zip code, of Transferee)
332 PLEASE INSERT SOCIAL SECURITY OR OTHER
333 IDENTIFYING NUMBER OF TRANSFEREE:
334
335
336
337
338
339
340 the within bond and all rights thereunder, hereby irrevocably
341 constituting and appointing
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343
344
345
346
347
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349
350
351
352
353
354
355
356
357
358
, Attorney, to transfer said bond on the
books kept for the registration thereof, with full power of
substitution in the premises.
Dated:
Signature Guaranteed
Signature of Registered Owner)
NOTICE: Signature(s) must be guaranteed
by an Eligible Guarantor Institution such
as a Commercial Bank, Trust Company,
Securities Broker/Dealer, Credit Union
or Savings Association who is a member
of a medallion program approved by The
Securities Transfer Association, Inc.
NOTICE: The signature above must
correspond with the name of the
registered owner as it appears on the
front of this bond in every particular,
without alteration or enlargement or
any change whatsoever.
6.
Pl.edge of Ful.l. Fai. th and Credi. t.
The full faith and
credit of the City are irrevocably pledged for the payment of the
359 principal of and premium, if any, and interest on the Bonds.
360 Unless other funds are lawfully available and appropriated for
361 timely payment of the Bonds, the City Council shall levy and
362 collect an annual ad valorem tax, over and above all other taxes
363 authorized or limited by law and without limitation as to rate or
364 amount, on all locally taxable property in the City sufficient to
365 pay when due the principal of and premium, if any, and interest on
366 the Bonds.
367
7.
Regi.strati.on, Transfer and Owners of Bonds.
The City
368 Treasurer is appointed paying agent and registrar for the Bonds
369
370
(the "Registrar").
The City may appoint a qualified bank or trust
company as successor paying agent and registrar of the Bonds.
The
371 Registrar shall maintain registration books for the registration
372
and registration of transfers of Bonds.
Upon presentation and
373 surrender of any Bonds at the office of the Registrar, at its
374
375
376
377
378
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380
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382
383
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385
386
387
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389
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392
393
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399
corporate trust office if the Registrar is a bank or trust company,
together with an assignment duly executed by the registered owner
or his duly authorized attorney or legal representative in such
form as shall be satisfactory to the Registrar, the City shall
execute, and the Registrar shall authenticate, if required by
Section 4, and shall deliver in exchange, a new Bond or Bonds
having
equal
principal
in
authorized
an
aggregate
amount,
denominations, of the same form and maturity, bearing interest at
the same rate and registered in the name as requested by the then
registered owner thereof or its duly authorized attorney or legal
representative.
Any such exchange shall be at the expense of the
Ci ty, except that the Registrar may charge the person requesting
such exchange the amount of any tax or other governmental charge
required to be paid with respect thereto.
The Registrar shall treat the registered owner as the person
or entity exclusively entitled to payment of principal, premium, if
any, and interest and the exercise of all other rights and powers
of the owner, except that interest payments shall be made to the
person or entity shown as owner on the registration books as of the
Record Date.
8. Sa1e of Bonds. The sale of the Bonds to the Underwriters
is authorized upon the following terms.
The City Manager, in
collaboration with the Financial Advisors, shall (a) determine the
principal amount of the Bonds, subject to the limitations set forth
in Section 1,
(b) determine the interest rates of the Bonds,
maturity schedule of the Bonds and the price to be paid for the
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
Bonds by the Underwriters, subject to the limitations set forth in
Section 2, (c) determine the redemption provisions of the Bonds,
subject to the limitations set forth in Section 3, and (d)
determine the dated date, the principal and interest payment dates
and the Record Date of the Bonds, all as the City Manager
determines to be in the best interests of the City.
Following the determination of the terms of the Bonds and
their sale,
the City Manager shall execute a bond purchase
agreement with the Underwriters (the "Bond Purchase Agreement") and
deliver the Bond Purchase Agreement to the Underwriters.
A draft
of a Bond Purchase Agreement, copies of which have been provided to
the members of the City Council, is approval as the form of the
Bond Purchase Agreement.
The final Bond Purchase Agreement shall
set forth the final terms of the Bonds and be in form approved by
the City Manager, in collaboration with the City Attorney and the
City's bond counsel, the execution thereof by the City Manager to
consti tute conclusive evidence of his approval of such Agreement.
Following the sale of the Bonds, the City Manager shall file the
Bond Purchase Agreement with the City Clerk.
The actions of the
City Manager in selling the Bonds shall be conclusive, and no
further action with respect to the sale and issuance of the Bonds
shall be necessary on the part of the City Council.
9.
Official Statement.
A draft of a Preliminary Official
423 Statement describing the Bonds, copies of which have been provided
424 to the members of the City Council, is approved as the form of the
425 Preliminary Official Statement by which the Bonds will be offered
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
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446
447
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450
451
for sale, with such completions, omissions, insertions and changes
not inconsistent with this Resolution as the City Manager, in
collaboration
with
Financial
Advisors,
consider
the
may
appropriate.
After the Bonds have been sold, the City Manager, in
collaboration with
the
Financial Advisors,
shall make
such
completions, omissions, insertions and changes in the Preliminary
Official Statement not inconsistent with this Resolution as are
necessary or desirable to complete it as a final Official
Statement, execution thereof by the City Manager to constitute
conclusive evidence of his approval of any such completions,
omissions, insertions and changes. The City shall arrange for the
deli very to the Underwriters of a reasonable number of copies of
the final Official Statement, within seven business days after the
Bonds have been sold, for delivery to each potential investor
requesting a copy of the Official Statement and to each person to
whom such Underwriters initially sell Bonds.
10.
Official Statement Deemed Final.
The City Manager is
authorized, on behalf of the City, to deem the Preliminary Official
Statement and the Official Statement in final form, each to be
final as of its date within the meaning of Rule 15c2-12 ("Rule
15c2-12") of the Securities and Exchange Cormnission (the "SEC"),
except for the omission in the Preliminary Official Statement of
certain pricing and other information permitted to be omitted
pursuant to Rule 15c2-12.
The distribution of the Preliminary
Official Statement and the Official Statement in final form shall
be conclusive evidence that each has been deemed final as of its
452
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456
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461
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463
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469
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471
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476
date by the City, except for the omission in the Preliminary
Official Statement of such pricing and other information permitted
to be omitted pursuant to Rule 15c2-12.
11. Preparation and Delivery of Bonds. After the final terms
of the Bonds have been determined, the officers of the City are
authorized and directed to take all proper steps to have the Bonds
prepared and executed in accordance with their terms and to deliver
the Bonds to the Underwriters upon payment therefor.
12.
Redemption of Refunded Bonds.
The City Manager is
authorized and directed to determine which of the Refunded Bonds,
if any, shall be refunded.
The Escrow Agreement (as hereinafter
defined) shall provide for notice of redemption to be given in
accordance with the resolutions providing for the issuance of the
Refunded Bonds to the registered owners of the Refunded Bonds.
13.
Escrow Deposit Agreement.
In the event the City Manager
determines that it is in the City's best interest that all or a
portion of the Refunded Bonds should be refunded, the City Manager
and the Director of Finance, or either of them, are authorized and
directed to execute an escrow deposit agreement
(the "Escrow
Agreement") between the City and an escrow agent to be appointed by
the City Manager (the "Escrow Agent").
The Escrow Agreement shall
be in the form approved by the City Manager, in collaboration with
the City Attorney and the City's bond counsel, and shall provide
for the deposit and investment of a portion of the proceeds of the
Bonds for the defeasance of the Refunded Bonds.
The execution of
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481
482
483
484
485
486
487
488
489
490
491
492
493
494
495
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497
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500
501
502
the Escrow Agreement by the City Manager or the Director of Finance
shall constitute conclusive evidence of such official's approval of
the Escrow Agreement.
The Escrow Agreement shall provide for the
irrevocable deposit of a portion of the proceeds of the Bonds (the
"Refunding Portion") in an escrow fund which shall be sufficient,
when invested in noncallable, direct obligations of the united
States Government (the "Government Obligations"), to provide for
payment of principal of and premium, if any, and interest on the
Refunded Bonds; provided, however, that such Bond proceeds shall be
invested in such manner that none of the Bonds will be "arbitrage
bonds" within the meaning of Section 148 of the Internal Revenue
Code of 1986, as amended, and regulations issued pursuant thereto
(the "Code").
The Escrow Agent is authorized and directed to
execute an initial subscription form for the purchase of the
Government Obligations and such other contracts and agreements
necessary to provide for the defeasance of the Refunded Bonds as
are approved by the City Manager or the Director of Finance, in
collaboration with the City Attorney and the City's bond counsel.
14.
Deposit of Bond Proceeds.
The City Treasurer is
authorized and directed (a) to provide for the deli very of the
Refunding Portion to the Escrow Agent for deposit in the escrow
fund established by the Escrow Agreement, in an amount that will be
sufficient, together with any other funds deposited with the Escrow
Agent and the interest thereon when invested as provided in the
Escrow Agreement, (i) to pay when due the interest on the Refunded
Bonds to the first date on which they may be redeemed at the option
503
504
505
506
507
508
509
510
511 .
512
513
514
515
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524
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528
of the City and (ii) to pay upon the earlier of maturity or
redemption the principal of the Refunded Bonds, plus any interest
accrued and unpaid to such redemption date, plus the applicable
redemption premium, and (b) to provide for the deposit of the
remaining proceeds of the Bonds in a special account to be used to
pay the costs incurred in refunding the Refunded Bonds and issuing
the Bonds.
The City Treasurer is further authorized and directed
to take all such further action as may be necessary or desirable in
connection with the payment and refunding of the Refunded Bonds.
15. Arbitrage Covenants.
(a) The City represents that there
have not been issued, and covenants that there will not be issued,
any obligations that will be treated as part of the same issue of
obligations as the Bonds within the meaning of Treasury Regulations
Section 1.150-1(c).
(b) The City covenants that it shall not take or omit to take
any action the taking or omission of which will cause the Bonds to
be "arbitrage bonds" within the meaning of Section 148 of the Code,
or otherwise cause interest on the Bonds to be includable in the
gross income of the registered owners thereof under existing laws.
Wi thout limiting the generality of the foregoing, the City shall
comply with any provision of law that may require the City at any
time to rebate to the United States any part of the earnings
deri ved from the investment of the gross proceeds of the Bonds,
unless the City receives an opinion of nationally recognized bond
counsel that such compliance is not required to prevent interest on
the Bonds from being includable in the gross income of the
529
530
531
532
533
534
535
536
537
538
539
540
541
registered owners thereof under existing law.
The City shall pay
any such required rebate from its legally available funds.
16. Non-Arbi.trage Certi.fi.cate and Electi.ons.
Such officers
of the City as may be requested are authorized and directed to
execute an appropriate certificate setting forth the expected use
and investment of the proceeds of the Bonds in order to show that
such expected use and investment will not violate the provisions of
Section 148 of the Code, and any elections such officers deem
desirable regarding rebate of earnings to the United States, for
purposes of complying with Section 148 of the Code.
Such
certificate and elections shall be in such form as may be requested
by bond counsel for the City.
17.
Li.mi. ta ti.on on Pri. va te Use.
The City covenants that it
542 shall not permit the proceeds of the Bonds or the facilities
543 refinanced with the proceeds of the Bonds to be used in any manner
544 that would result in (a) 5% or more of such proceeds or the
545 facilities refinanced with such proceeds being used in a trade or
546 business carried on by any person other than a governmental unit,
547 as provided in Section 141 (b) of the Code, (b) 5% or more of such
548 proceeds or the facilities being refinanced with such proceeds
549 being used with respect to any output facility (other than a
550 facility for the furnishing of water), within the meaning of
551 Section 141(b) (4) of the Code, or (c) 5% or more of such proceeds
552 being used directly or indirectly to make or finance loans to any
553 persons other than a governmental unit, as provided in Section
554 141(c) of the Code; provided, however, that if the City receives an
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561
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opinion of nationally recognized bond counsel that any such
covenants need not be complied with to prevent the interest on the
Bonds from being includable in the gross income for federal income
tax purposes of the registered owners thereof under existing law,
the City need not comply with such covenants.
18.
Continuing Disc10sure Agreement.
The Mayor, the City
Manager and such officer or officers of the City as either may
designate are hereby authorized and directed to execute a
continuing disclosure agreement setting forth the reports and
notices to be filed by the City and containing such covenants as
may be necessary to assist the Underwriters in complying with the
provisions of Rule 15c2-12 promulgated by the SEC. Such continuing
disclosure agreement shall be substantially in the form of the
draft which has been provided to members of the City Council, with
such completions, omissions, insertions and changes that are not
inconsistent with this Resolution.
The execution thereof on behalf
of the City by any such authorized officer to constitute conclusive
evidence of his approval of such final agreement.
19. Other Actions. All other actions of officers of the City
and the City Council in conformity with the purposes and intent of
this Resolution and in furtherance of the issuance and sale of the
Bonds are hereby ratified, approved and confirmed.
The officers of
the City are authorized and directed to execute and deliver all
certificates and instruments and to take all such further action as
may be considered necessary or desirable in connection with the
issuance, sale and delivery of the Bonds.
581
20. Repeal of Conflicting Resolutions.
All resolutions or
582 parts of resolutions in conflict herewith are repealed.
583
21. Effective Date.
This Resolution shall take effect
584 immediately.
585 Adopted by the Council of the City of Virginia Beach,
586 Virginia, this 24th day of August, 2004.
587
G!2M{f~
FI ance Department
APPROVED AS TO LEGAL
SUFFICIENCY:
APPROVED AS TO CONTENTS:
CA-9341
H:\PA\GG\ORDRES\2004 BOND RESOLUTION. DOC
R3 -
August 17, 2004
- 25 -
Item V-J.2.
RESOLUTIONS/ORDINANCES
ITEM # 52918
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Resolution to AUTHORIZE the FY 2004-05 Performance
Contract between Virginia Beach Community Services Board
(CSB) and Virginia Department of Men tal Health, Mental Retardation
and Substance Abuse Services (MH/MR/SA).
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim
Reeve, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Peter W. Schmidt and James L. Wood
August 24, 2004
1 A RESOLUTION APPROVING THE FY 2004-05
2 PERFORMANCE CONTRACT BETWEEN THE
3 VIRGINIA BEACH COMMUNITY SERVICES BOARD
4 AND THE VIRGINIA DEPARTMENT OF MENTAL
5 HEALTH, MENTAL RETARDATION AND SUBSTANCE
6 ABUSE SERVICES
7
8 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That the City Council hereby approves the FY 2004-05
11 performance contract between the Virginia Beach Community Services
12 Board and the Virginia Department of Mental Health, Mental
13 Retardation and Substance Abuse Services, a copy of which is on
14 file in the office of the City Clerk.
15 Adopted by the Council of the City of Virginia Beach,
16
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20
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25
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Virginia on the 24th
day of
, 2004.
August
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
Board
CA9338
R2
H:\PA\GG\ORDRES\MHMR Performance Contract RES.doc
August 11, 2004
City of Virginia Beach
Administrative Offices 297 Independence Boulevard
(757437-6100 PEMBROKE SIX, SUITE 208
FAX (757) 490-5736
DATE: July 6,2004
TO: Citizens of Virginia Beach
FROM: Martha McClees, Virginia Beach Community Services Board Chair
SUBJECT: FY 2005 Community Services Performance Contract
This summary of the proposed SFY 2005 (July 1,2004 - June 30, 2005) Community Services
Performance Contract that makes State/Federal funds available for locally provided public
mental health, mental retardation, and substance abuse services is provided for your review and
comment.
Several items should be noted regarding this proposal:
1. While there have been significant reduction in number of forms required for the
contract and subsequent reports, there remain substantial reporting and administrative
requirements placed on the CSB; and
2. Proposed funding distribution reflects both operational and administrative support
costs;
The following is a summary ofthe core services and covered MR Waiver services, units of
service, and proposed funding levels supported by state-controlled and performance contract
fund:
Department of Human Services
FY 2005 C
S
P fi
C
ommumtv ervlces er ormance ontract Pronosal SummarY
Proposed #of
Program Service Unit Funding Units of Service Consumers
Mental Health
Emergency Services $1,089,939 13152 Hours 1 ,440
Outpatient Services $2,076,941 23,496 Hours 1524
Intensive In-Home $149,574 3,022 Hours 64
Case Management Services $1,755,844 37,535 Hours 1500
Day Treatment/Partial Hospitalization $46,000 1,771 Hours 10
Alternative Day Support $62,110 2,439 Hours 33
Therapeutic Day Treatment for Children and $427,573 48,832 Hours 28
Adolescents
Rehabilitation $1,021,037 133,532 Hours 254
Transitional/Supported Employment $92,394 1,478 Hours 33
Supervised Services (Residential 551) $991,463 21,535 Bed Days 76
Supportive Services (Residential 581) $274,605 3,694 Hours 183
Mental Retardation
Case Management Services $1,238,913 23,296 Hours 560
Rehabilitation $2,156,980 100,954 Hours 128
Family Support $168,427 N/A 375
Supportive Residential Services $1,406,170 21,476 Hours 28
Supervised Residential Services $2,405,149 10,030 Bed Days 29
Early Intervention $266,247 4,368 Hours 417
Transitional/Supported Employment $136,889 2,912 Hours 8
Supported Employment-Group Model $326,689 3,302 Days 22
Highly Intensive Residential $1,067,097 2,825 Days 8
Substance Abuse
Outpatient $573,018 6,904 Hours 454
Case Management $285,950 5,296 Hours 200
Day Treatment/Part. Hosp. $388,189 12,401 Hours 101
Highly Intensive (Residential) $749,695 3,183 Bed Days 562
Intensive (Residential) $140,775 2,920 Bed Days 81
Jail-Based Habilitation $576,655 27,700 Hours 436
Supportive Residential Services $359,551 8,024 Hours 85
Proposed # of
Program Service Unit Funding Units of Service Consumers
Prevention $921,953 18,516 Hours N/A
Administration
Administrative Support $2,145,202 N.A. N,A.
The full proposal is available for review and public comment beginning July 8th through August 7th at the following
locations:
I Community Services Board
Virginia Beach Central Library
Administrative Offices
Pembroke 6, Suite 208
Phone: 437-6100
4100 Virginia Beach Boulevard
Phone: 431-3001
City of Virginia Beach Clerk's Office
Municipal Center, Bldg. #1, Room 281
Phone: 427-4303
City of Virginia Beach Public Information Office
Municipal Center, Bldg. #22
Phone: 427-4111
Department of Human Services Web Page
The proposal will be discussed with opportunity for public comment at July disability committee meetings as
follows:
IMental Retardation Committee
Mental Health Committee
July 13th, 2004
Pembroke 6, Suite 218
8:00 a.m.
July 8th, 2004
Pembroke 5, Suite 109
!2:00 Noon
The contract will be acted on by the Virginia Beach Community Services Board at its July 29th meeting. Once
approved by the Board, the proposal will be forwarded to City Council for consideration and approval tentatively
scheduled for August 10th. Following City Council approval, the proposal will be submitted to the State
Department of Mental Health, Mental Retardation, and Substance Abuse Services.
Please provide written comments to the following address by August 6th:
Jerry Brickeen, Administrator
Virginia Beach Department of Human Services
297 Independence Blvd
Pembroke 6, Suite 208
Virginia Beach, V A 23462
or email toibrickee{a>.vbgov.com.
- 26-
Item V-J.3.
RESOLUTIONS/ORDINANCES
ITEM # 52919
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Resolution to RECONSTITUTE the Old Beach District Master Plan
Advisory Committee with definition of the mission to RE- ESTABLISH
the Committee and a sunset clause effective March 31,2005.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. OberndorJ, Jim
Reeve, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Peter W. Schmidt and James L. Wood
August 24, 2004
1 REQUESTED BY COUNCILMEMBER RICHARD A. MADDOX
2 A RESOLUTION ESTABLISHING THE OLD BEACH DISTRICT
3 MASTER PLAN ADVISORY COMMITTEE
4
5 WHEREAS, on August 5, 2003, the City Council received a summary of the
6 financial and economic analysis of the development of the Old Beach Master Plan and
7 an update on the status of this project; and
8 WHEREAS, it is the sense of the City Council that there should be appointed a
9 citizens committee to study certain issues concerning the implementation of the Old
10 Beach Master Plan, as set forth hereinbelow.
11 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13 That the City Council hereby constitutes and establishes the Old Beach Master
14 Plan Advisory Committee (the "Committee").
15 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
16 BEACH, VIRGINIA:
17
1.
That the Committee shall consist of thirteen (13) members, to be
18 appointed by the City Council;
19
2.
That two (2) members of City Council shall be appointed as
20 nonvoting Council liaisons to the Committee;
21
3.
That the Mission of the Committee is as follows: (1) to familiarize
22 itself with the "Creating an Old Beach District Center" study dated February 14, 2003
23 ("Old Beach District Study") and the market analysis prepared by URS, Bus Rapid
24 Transit studies, and any other studies pertinent to the development of the area; (2) to
25 work within the framework of the Old Beach District Study and with City staff and
26 consultants to develop an aesthetics and urban design plan for the Corridor for
27 recommendation to City Council; (3) to identify and prioritize a series of recommended
28 projects and actions to implement the aesthetics and urban design plan, including right
29 of way acquisition and development of linear parks; (4) to evaluate the use and
30 feasibility of public-private partnerships to achieve the goals and recommendations of
31 the Old Beach District Study; and (5) to investigate alternative funding sources for
32 projects in the Corridor; and
33
4.
That, unless extended by City Council, the Committee's mission will
34 expire on March 31,2005.
35
36 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day of August,
37 2004.
38 CA-9334
39 August 24, 2004
40 R-1
41 H :\P&A \GG\OrdRes\OldBeachCommittee.doc
- 27-
Item V-J.4.
RESOLUTIONS/ORDINANCES
ITEM # 52920
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Resolution to ESTABLISH the Community Medical Advisory
Commission and define the Commission's mission as Advisors to City
Council.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Peter W. Schmidt and James 1. Wood
August 24, 2004
1 REQUESTED BY COUNCILMEMEBERS WILSON AND WOOD
2
3
4 A RESOLUTION ESTABLISHING THE COMMUNITY MEDICAL
5 ADVISORY COMMISSION
6
7 WHEREAS, on August 5, 2003, the City Council established the Virginia Beach
8 Trauma Center Task Force and, among other things, tasked it with making
9 recommendations to the City Council regarding the provision of health care services in
10 the City; and
11 WHEREAS, the Task Force provided City Council with the following
12 recommendation: "that City Council consider formation of a Health Care Advisory
13 Committee to assist the City Council in understanding and evaluating relevant health
14 care issues and in providing such ongoing monitoring of the health care environment in
15 Virginia Beach as City Council determines appropriate;" and
16 WHEREAS, it is the sense of the City Council that there should be appointed a
17 citizens commission to advise City Council on matters including medical services in the
18 City, as set forth below.
19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21 That the City Council hereby constitutes and establishes the Community Medical
22 Advisory Commission (the "Commission").
23 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
24 BEACH, VIRGINIA:
25
1.
That the Commission shall consist of nine (9) members, to be
26 appointed by the City Council;
27
2.
That two (2) members of City Council shall be appointed as Council
28 contacts for the Commission;
29
3.
That the terms of such members shall be for five years with a
30 maximum of two terms; provided, however, that the initial term of several members shall
31 be for lesser terms in order to provide for staggered expirations thereof; and
32
4.
That the Mission of the Commission is to serve as an advisory body
33 to the City Council as follows: (1) to advise City Council regarding the provision of
34 medical services in the City including hospitals, trauma centers, medical campuses,
35 health care institutions, physicians and medical care providers, ambulance services,
36 and emergency medical services; (2) to advise City Council regarding matters affecting
37 the provision of medical services in the City that arise from certificates of public need,
38 the Medicare and Medicaid programs, and health insurance matters; and (3) to provide
39 advice to the City Council on such other matters related to the delivery of medical
40 services as may be assigned by the City Council.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 2A..t.b. day of
August, 2004.
APPROVED AS TO LEGAL SUFFICIENCY:
~1s--
City Attorney's Office
CA-9344
August 17,2004
R-5
H:\PA\GG \Ordinances & Resolutions \Community Medical Advisory Commission.doc
- 28-
Item V-J. 5.
RESOLUTIONS/ORDINANCES
ITEM # 52921
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance to CONFIRM the Declaration of Local Emergency re the
imminent threat of disaster posed by Hurricane Charley on August 14,
2004.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim
Reeve, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Peter W. Schmidt and James L. Wood
August 24, 2004
1
2
3
4
5
6
AN ORDINANCE CONFIRMING THE
DECLARATION OF A LOCAL EMERGENCY DUE
TO THE IMMINENT THREAT OF DISASTER
POSED BY HURRICANE CHARLEY
WHEREAS, Virginia Code S; 44-146.21 authorizes the local
7 director of emergency management to declare the existence of a local
8 emergency, subject to confirmation by the governing body;
9
WHEREAS,
in conformity with the Commonwealth of Virginia
10 Emergency Services and Disaster Law of 2000 (Virginia Code S; 44-
11 146.13 et seq.), City Council, by adoption of S;S; 2-411 through 2-413
12 of the City Code, created the Office of Emergency Management and
13 appointed the City Manager as the Director of Emergency Management;
14 and
15
WHEREAS, in response to the imminent threat of disaster posed
16 by Hurricane Charley, the acting City Manager and Director of
17 Emergency Management, on behalf of the City Manager, issued a
18 Declaration of Local Emergency on August 14, 2004.
19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
20 OF VIRGINIA BEACH, VIRGINIA:
21
22
That, pursuant to Virginia Code S; 44-146.21, the City Council
23 hereby confirms the Declaration of Local Emergency issued by the
24 acting City Manager on August 14, 2004, a copy of which is attached
25 hereto as Exhibit A and incorporated by reference.
26
26
Adopted by the Council of the City of Virginia Beach on the 24th
27
day of
Auqust 2004.
28
29
30 APPROVED AS TO CONTENT:
31
32
33
34
35
36 Manager'
37
38
39
40
4 1 CA - 934 3
42 H:\PA\GG\ORDRES\CHARLEYORD.DOC
43 R-5
44 August 17, 2004
APPROVED AS TO LEGAL
SUFFICIENCY:
/
(;::, ~,,~.~~.-[
City Attorne '
EXHIBIT A
DECLARATION OF LOCAL EMERGENCY
I, the undersigned, as acting City Manager and Director of Emergency
Management for the City of Virginia Beach, find the imminent threat of disastrous
weather and flood conditions, serious and extensive property damage, and loss of
interruption of vital City services posed by Hurricane Charley to be sufficient
severity and magnitude to warrant coordinated local government action to prevent
or alleviate any potential damage, loss, hardship or suffering. Therefore, pursuant
to Virginia Code Section 44-146.21, I hereby declare the existence of a Local
Emergency in the City for Virginia Beach.
In accordance with this Declaration, the Office of Emergency Management
and all other appropriate City agencies are hereby vested with, and authorized to
carry out, all powers, duties and functions prescribed by state and local law, rules,
regulations and plans as may be necessary to adequately and appropriately respond
to said Local Emergency.
/1 ~ or
Date
d ,'()()/~
Time
- 29-
Item V-J.6.a.
RESOLUTIONS/ORDINANCES
ITEM # 52922
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance to AUTHORIZE temTJorarv encroachments into a portion
an existing drainage easement and Lynnhaven River Western Branch
(Thalia Creek) to construct and maintain a private pier, platform and
jet ski lift by Thomas Brian Milan at 404 Putnam Road in Pembroke
Manor
(DISTRICT 4 - BAYSIDE)
The following conditions shall be required:
1. The temporary encroachment shall be constructed and
maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach and in accordance with
the City's specifications and approval as to size, alignment and
location.
2. The temporary encroachment shall terminate upon notice by the
City to the applicant and, within thirty (30) days after such
notice is given, the temporary encroachment must be removed
from the encroachment area by the applicant and the applicant
will bear all costs and expenses of such removal.
3. The applicant shall indemnify and hold harmless the City, its
agents and employees from and against all claims, damages,
losses and expenses, including reasonable attorney 's fees in case
it shall be necessary to file or defend an action arising out of the
location or existence of the temporary encroachment.
4. Nothing herein contained shall be construed to enlarge the
permission and authority to permit the maintenance or
construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to permit
the maintenance and construction of any encroachment by
anyone other than the applicant.
5. The applicant agrees to maintain the temporary encroachment so
as not to become unsightly or a hazard.
6. The applicant must obtain a permit from the Office of
Development Services Center/Planning Department prior to
commencing any construction within the encroachment area.
7. Prior to issuance of a right-ofway permit, the applicant must
post sureties in accordance with the project engineer's cost
estimate, to the Office of Development Services Center/Planning
Department.
August 24, 2004
- 30-
Item V-J.6.a.
RESOLUTIONS/ORDINANCES
ITEM # 52922 (Continued)
8. The applicant shall obtain and keep in force all risk property
insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the
City as additional named insured or loss payee, as applicable.
The applicant must also carry comprehensive general liability
insurance in an amount not less than Five Hundred Thousand
Dollars ($500,000), combined single limits of such insurance
policy or policies. The applicant must provide endorsements
providing at least thirty (30) days' written notice to the City prior
to the cancellation or termination of, or material change to, any
of the insurance policies. The applicant assumes all
responsibilities and liabilities, vested or contingent, with relation
to the temporary encroachment.
9. The City, upon revocation of such authority and permission so
granted, may remove the temporary encroachment and charge
the cost thereof to the applicant and collect the cost in any
manner provided by law for the collection of local or state taxes;
may require the applicant to remove such temporary
encroachment; and, pending such removal, the City may charge
the applicantfor the use of such portion of the City's right-ofway
encroached upon the equivalent of what would be the real
property tax upon the land so occupied if it were owned by the
applicant; and if such removal shall not be made within the time
specified by the City, the City shall impose a penalty in the sum
of One Hundred Dollars ($100.00) per day for each and every
day that such temporary encroachment is allowed to continue
thereafter; and, shall collect such compensation and penalties in
any manner provided by law for the collection of local or state
taxes.
Voting:
8-1 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard
A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A,
Villanueva and Rosemary Wilson
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Peter W Schmidt and James L. Wood
August 24, 2004
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE A
4 TEMPORARY ENCROACHMENT INTO
5 A PORTION OF AN EXISTING 50'
6 DRAINAGE EASEMENT AND A
7 PORTION OF THE L YNNHA VEN
8 RIVER WESTERN BRANCH, ALSO
9 KNOWN AS THALIA CREEK, BY
10 THOMAS BRIAN MILAN, HIS HEIRS,
11 ASSIGNS AND SUCCESSORS IN
12 TITLE
13
14 WHEREAS, Thomas Brian Milan desires to construct and maintain a private pier,
15 platform and jet ski lift into a portion of an existing City 50' drainage easement and a
16 portion of the Lynnhaven River Western Branch, also known as Thalia Creek, located at
17 404 Putnam Road.
18 WHEREAS, City Council is authorized pursuant to ~~ 15.2-2009 and 15.2-2107,
19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
20 City's easement subject to such terms and conditions as Council may prescribe.
21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23 That pursuant to the authority and to the extent thereof contained in ~~ 15.2-
24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Thomas Brian Milan, his
25 heirs, assigns and successors in title are authorized to construct and maintain a
26 temporary encroachment for a private pier, platform and jet ski lift in the City's drainage
27 easement and a portion of the Lynnhaven River Western Branch, also known as Thalia
28 Creek, as shown on the map entitled: "Exhibit A, PROPOSED PIER IN: PEMBROKE
29 MANOR AT: 404 PUTNAM ROAD CITY OF VIRGINIA BEACH STATE OF VIRGINIA
30 APPPLlCATION BY: TOM MILAN" a copy of which is on file in the Department of Public
31 Works and to which reference is made for a more particular description; and
32 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly
33 subject to those terms, conditions and criteria contained in the Agreement between the
34 City of Virginia Beach and Thomas Brian Milan (the "Agreement"), which is attached
35 hereto and incorporated by reference; and
36 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
37 is hereby authorized to execute the Agreement; and
38 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
39 time as Thomas Brian Milan and the City Manager or his authorized designee execute
40 the Agreement.
41 Adopted by the Council of the City of Virginia Beach, Virginia, on the
42
24thdayof Auqust
,2004.
43
44
45
46
47
48
49
50
51
52
53
54
55
56
APPROVED AS TO CONTENTS
~ c. htw..{~
NATURE
fw Rrtzl &dak
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
]JJJla a /M1lJttJN
CITY AfTORNEY
CA-9251
PREPARED: 7/29/04
PREPARED BY VIRGINIA BEACH
CITY A TIORNEY'S OFFICE
EXEMPTED FROM RECORDA nON TAXES
58.1-811(c)(3)
THIS AGREEMENT, made this '~q~ay of \1ur~ ' 20fl!/:, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City",
and THOMAS BRIAN MILAN, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE,
"Grantee", even though more than one.
WIT N E SSE T H:
That, WHEREAS, the Grantee is the owner ofthat certain lot, tract, or parcel ofland
designated and described as "SEC 4 . LOT 32 . BLK 42 . PEMBROKE MANOR" and being
further designated and described as 404 Putnam Court, Virginia Beach, Virginia 23462; and
I
I
I
II
II
That, WHEREAS, it is proposed by the Grantee to construct and maintain a private
pIer, platform and jet ski lift, "Temporary Encroachment", in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
i
necessary that the Grantee encroach into a portion of an existing City 50' drainage easement and a
portion of the Lynnhaven River Western Branch, also known as Thalia Creek, "The
Encroachment Area"; and
I
Temporary .
WHEREAS, the Grantee has requested that the City permit a
Encroachment within The Encroachment Area.
GPIN 1477-78-0408
NOW, THEREFORE, for and in consideration of the premises and of the
,
I benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar
! ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to
! the Grantee permission to use The Encroachment Area for the purpose of constructing and
,
I maintaining the Temporary Encroachment.
l
,
~
}
"
I
i will be constructed and maintained in accordance with the laws of the Commonwealth of
I
i Virginia and the City of Virginia Beach, and in accordance with the City's specifications and
~
! approval and is more particularly described as follows, to wit:
I
I
I
I
Ii
II
, I
I
I Encroachment Area in the event of an emergency or public necessity.
It is expressly understood and agreed that the Temporary Encroachment
A Temporary Encroachment into The Encroachment Area as
shown on that certain plat entitled: "PROPOSED PIER IN:
PEMBROKE MANOR AT: 404 PUTNAM ROAD CITY OF
VIRGINIA BEACH STATE OF VIRGINIA APPLICATION BY:
TOM MILAN" a copy of which is attached hereto as Exhibit "A"
and to which reference is made for a more particular description.
Providing however, nothing herein shall prohibit the City from immediately removing, or I
ordering the Grantee to remove, all or any part of the Temporary Encroachment from The
It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30)
.1
days after the notice is given, the Temporary Encroachment must be removed from The
Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such
removal.
It is further expressly understood and agreed that the Grantee shall indemnify and
hold harmless the City, its agents and employees, from and against all claims, damages, losses
2
and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an
action arising out of the location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or construction of
any encroachment other than that specified herein and to the limited extent specified herein, nor
to permit the maintenance and construction of any encroachment by anyone other than the
Grantee.
I
It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Development Services Center/Planning Department prior to commencing any
construction within The Encroachment Area.
It is further expressly understood and agreed that prior to issuance of a right of way
permit, the Grantee must post a bond or other security, in accordance with their engineer's cost
estimate, to the Office of Development Services Center/Planning Department.
It is further expressly understood and agreed that the Grantee must obtain and keep
. in force all-risk property insurance and general liability or such insurance as is deemed necessary
by the City, and all insurance policies must name the City as additional named insured or loss
I payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance
in an amount not less than $500,000.00, combined single limits of such insurance policy or
policies. The Grantee will provide endorsements providing at least thirty (30) days written notice
to the City prior to the cancellation or termination of, or material change to, any of the insurance
3
policies, The Grantee assumes all responsibilities and liabilities, vested or contingent, with
relation to the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary Encroachment
must conform to the minimum setbacks requirements, as established by the City.
It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and charge the
cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection
of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and
pending such removal, the City may charge the Grantee for the use of The Encroachment Area,
the equivalent of what would be the real property tax upon the land so occupied ifit were owned
by the Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per
day for each and every day that the Temporary Encroachment is allowed to continue thereafter,'
and may collect such compensation and penalties in any manner provided by law for the
collection of local or state taxes.
IN WITNESS WHEREOF, Thomas Brian Milan, the said Grantee has caused this
Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused
this Agreement to be executed in its name and on its behalf by its City Manager and its seal be
hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee ofthe City Manager
4
(SEAL)
ATTEST:
City Clerk
~ {\J~- /1).-1
t/Lrv\ 'I -1 ;' l'lf\
Thomas Brian Milan
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2004, by
DESIGNEE OF THE CITY MANAGER.
, CITY MANAGER! AUTHORIZED
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
~
, 2004, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA I
I
i
BEACH.
Notary Public
My Commission Expires:
5
. J
l STATE OF '~I {Cllillt~r' - 1
I CITY/COUNTY)OF \jp, 1<)(Zte~\ ,to-wit:
.,/yA
The foregoing instrument was acknowledged before me this J-! I' day of
" ) ~
'1 /(1/>.'//
r --- .t /~...._- -
1/
II
, 2004, by THOMAS BRIAN MILAN. /' /
,. .,- (
C._~~~~/jJ( )j//j~ ///J/;dq:n/ "
,r--- r .
Notary Public
,
,
i
! My Commission Expires:
!
j
I APPROVED AS TO CONTENTS
i
I,
/;j (J1,Jtt(
APPROVED AS TO LEGAL
SUFFIECIENCY AND FORM
fuaa~tJ
IGNATURE
P"[)-! ('..1.-.4.-
tv f\ IIi- C,{J{o..L~
DEPARTMENT
I
II
II
I
I
6
APD #3
s
'1
APO #4
-
L YNHA VEN RIVER '-'ESTERN BRANCH
ALSO KNOWN AS THALIA CREEK
.
.
~
+-165' ACROSS RIVER
"lle-
4 }f,.,,., MILAN #2
t./l./RIN(j .. "0,90-
Pf?opDSE:1JPl,-~S ,
--...-.--.-....
~
S21d45",",
127.26'
,:------w
-LO .
-d
'"
-.- ~ -
CL
El
~ ...
~ & u,
ac::; OJ)"
CL M
...
'"
DRAINAGE EASEMENT
z.,
I
o 0
"",.,.,
r-
(f)
H~~AN ,/
-
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-0
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'1--(;\ -
, O'l 1'>.
- ,
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o :
~
-
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~
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S
0..-
/
I
-
NOTES.
1. SURVEY DATA FROM 2/19/65, TARRAL
ASC.
2. HYDRO DATA FROM HAND SURVEY
DATUM=ML'J.
3. DRA'w'ING IS FOR PERMIT APPLICATIOr-.
ONLY.
4. ALL MATERIALS '-'tLL BE: STAGED
'w'IT1-fIN THE LIMITS OF CONSTRUCTION
5. MILAN #1 8. 2 STAKED IN FIELD.
6. PIER TO BUILDING TIE-IN,
MILAN #1 TO PT A = 112.7'
MILAN #2 TOPT B = 111.0'
"'ARE #1 TO '-'ARE #2 == 91'-
S:73d15'E,
7. ZONING. R7,5, :SIDE SETBACI<=lO' 8. 5',
ROAD SETBACK=30', BACK==20'
8. NO TREES TO BE REMOVED.
9. RESTORE ALL DISTURBED AREAS IA\J
SEEDING SHEET,
APD #2
'1
Q:- \~'
'29'\.
~~
"\~
"(\J
I\. '0 t 50)
~Oe-"
I' 60'
5 APRIL 2000
. ~~"~:"~1"o'''~;'':':-'i~-:' ..~.. ...
"
/I
PURPOSE' ACCESS
....;...,.
... . ~-.. L. ':' ._.
,':f:i::;:tJ:F:;~ ..
i~%Y tit ,1 uxm~; J?t
PROPOSED PIER'
DATUM, ML IJ
A!l.JACENT PROPERTY O'WNERs
t\~Q.
O'!)"~E39.
IN, PEMBROKE MANNER
A Tl 404 PUTNAM ROAD
1. SEE LIST SHEET. ~
CITY OF VIRGINIA BEACH
STATE OF VIRGINIA
DATE.
I
SITE PLAN
APPLICA TION BY, TOH MILAN
S:~-jEET. 2.
-5.5
L YNHA VEN RIVER W'ESTERN BRANCH
ALSO KNOWN AS THALIA CREEl<
-5,5" .
EDGE OF CHANNEL
... 12' .... :l~1
-O.8,jl I MILAN #2
0
.. -0,9"
FOUR MOORING (Y) .21'X16' .'
,
PILES/LIFT (Y) PLATFORM
.....
- 0 0 JETSKI LIFT
ML\V 0,0" , ....
W
I--l
0,5" CL
~ i2>/
W 1.0"
(/,)
D W
CL ....
1,8" In
D ..--t
fr: 0
CL C"') 2,0
r-... ~
/-- 51.5' TO PL (/)
75' TO PL
MH\.I 2,5" 2.5~
VEGETATION AREA
________ 5.0 I .
__....r___.........--.___._.............
---...
~ ..
~~
----.......--..-..
FENCE LINE
MILAN
#1
5,0'
NOTES:
1. THIS DRA\VING FOR PERMITS ONLY.
~ ALL MATERIALS SHALL BE AS SHOW'N
ON SECTION SHEETS.
1 '-20'
":c.:.:,-~";. -~~~.,r:_..~.....
PURPOSE' ACCESS
./ ~ <11 ~~~.,
PROPOSED PIER
DA TUN' ML IJ
AIl.JACENT PROPERTY OIJI'.UlS
IN. PEMBROKE MANOR
AT. 404 PUTNAM ROAD
1. SEE LIST SHEET, S
L{ 1/.t.\ \ 19D
CITY OF VIRGINIA BEACH
ST A TE OF VIRGINIA
DATE' 5 APRIL 2000
PIER PI Al\:l
APPLICATION BY, TOM MILAN
- 31 -
Item V-J. 6.b.
RESOLUTIONS/ORDINANCES
ITEM # 52923
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance to AUTHORIZE temporary encroachments into a portion
of Litchfield Way to construct and maintain underground irrigation
by Litchfield Manor Phase 2 Homeowners Association
(DISTRICT 7 - PRINCESS ANNE)
The following conditions shall be required:
1. The temporary encroachment shall be constructed and
maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach and in accordance with
the City's specifications and approval as to size, alignment and
location.
2. The temporary encroachment shall terminate upon notice by the
City to the applicant and, within thirty (30) days after such
notice is given, the temporary encroachment must be removed
from the encroachment area by the applicant and the applicant
will bear all costs and expenses of such removal.
3. The applicant shall indemnifY and hold harmless the City, its
agents and employees from and against all claims, damages,
losses and expenses, including reasonable attorney's fees in case
it shall be necessary to file or defend an action arising out of the
location or existence of the temporary encroachment.
4. Nothing herein contained shall be construed to enlarge the
permission and authority to permit the maintenance or
construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to permit
the maintenance and construction of any encroachment by
anyone other than the applicant.
5. The applicant agrees to maintain the temporary encroachment so
as not to become unsightly or a hazard.
6. The applicant agrees to submit and have approved a traffic
control plan before commencing work in the encroachment area.
7. The applicant agrees that no open cut of the public roadway will
be allowed except under extreme circumstances. Requests for
exceptions must be submitted to the Highway Operations
Division, Department of Public Works, for final approval.
August 24, 2004
Item V-J.6.b.
- 32-
RESOLUTIONS/ORDINANCES
ITEM # 52923 (Continued)
8. The applicant must obtain a permit from the Office of
Development Services Center/Planning Department prior to
commencing any construction within the encroachment area.
9. Prior to issuance of a right-of-way permit, the applicant must
post sureties in accordance with the project engineer's cost
estimate, to the Office of Development Services Center/Planning
Department.
10. The applicant shall obtain and keep in force all risk property
insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the
City as additional named insured or loss payee, as applicable.
The applicant must also carry comprehensive general liability
insurance in an amount not less than Five Hundred Thousand
Dollars ($500,000), combined single limits of such insurance
policy or policies. The applicant must provide endorsements
providing at least thirty (30) days I written notice to the City prior
to the cancellation or termination of, or material change to, any
of the insurance policies. The applicant assumes all
responsibilities and liabilities, vested or contingent, with relation
to the temporary encroachment.
11. The City, upon revocation of such authority and permission so
granted, may remove the temporary encroachment and charge
the cost thereof to the applicant and collect the cost in any
manner provided by law for the collection of local or state taxes;
may require the applicant to remove such temporary
encroachment; and, pending such removal, the City may charge
the applicant for the use of such portion of the City 's right-of- way
encroached upon the equivalent of what would be the real
property tax upon the land so occupied if it were owned by the
applicant; and if such removal shall not be made within the time
specified by the City, the City shall impose a penalty in the sum
of One Hundred Dollars ($100.00) per day for each and every
day that such temporary encroachment is allowed to continue
thereafter; and, shall collect such compensation and penalties in
any manner provided by law for the collection of local or state
taxes.
August 24, 2004
- 33-
Item V-J.6.b.
RESOLUTIONS/ORDINANCES
ITEM # 52923 (Continued)
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Peter W. Schmidt and James L. Wood
August 24, 2004
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE TEMPORARY
4 ENCROACHMENTS INTO A PORTION OF
5 LITCHFIELD WAY BY LITCHFIELD MANOR
6 PHASE 2 HOMEOWNERS ASSOCIATION,
7 ASSIGNS AND SUCCESSORS IN TITLE
8
9 WHEREAS, Litchfield Manor Phase 2 Homeowners Association
10 desires to construct and maintain underground irrigation into the
11 City's right-of-way located at Litchfield Way.
12 WHEREAS, City Council is authorized pursuant to ~~ 15.2-
13 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
14 authorize a temporary encroachment upon the City's right-of-way
15 subject to such terms and conditions as Council may prescribe.
16 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
17 OF VIRGINIA BEACH, VIRGINIA:
18 That pursuant to the authority and to the extent thereof
19 contained in ~~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as
20 amended, Litchfield Manor Phase 2 Homeowners Association, assigns
21 and successors in title are authorized to construct and maintain a
22 temporary encroachment for underground irrigation in the City's
23 right-of-way as shown on the map entitled: "LITCHFIELD MANOR PHASE
24 2 HOMEOWNERS ASSOCIATION ENCROACHMENT FOR UNDERGROUND IRRIGATION",
25 a copy of which is on file in the Department of Public Works and to
26 which reference is made for a more particular description; and
27
BE IT FURTHER ORDAINED, that the temporary encroachment
28 is expressly subject to those terms, conditions and criteria
29 contained in the Agreement between the City of Virginia Beach and
30 Litchfield Manor Phase 2 Homeowners Association, (the "Agreement")
31 which is attached hereto and incorporated by reference; and
32
BE IT FURTHER ORDAINED that the City Manager or his
33 authorized designee is hereby authorized to execute the Agreement.
34 BE IT FURTHER ORDAINED, that this Ordinance shall not be
35 In effect until such time as Litchfield Manor Phase 2 Homeowners
36 Association and the City Manager or his authorized designee execute
37 the Agreement.
38 Adopted by the Council of the City of Virginia Beach,
39
Virginia, on the 74th day of
AllgllRt
, 2004.
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
CA-#9185
gsalmons/Litchfield/ord.
R-1
PREPARED: 07.12.04
OVED AS TO CONTENTS
C.
SIGNATURE
PIJ) /?aJ ElIftck
DEPARTMENT
2
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDA TION TAXES
UNDER SECTIONS 58.1-811(a)(3)
AND 58.1-811(c)(4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this t 2. day of ~ ,2004, by and between
the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and,
LITCHFIELD MANOR PHASE 2 HOMEOWNERS ASSOCIATION" ASSIGNS AND
SUCCESSORS IN TITLE, "Grantee", even though more than one.
I
I
I
II
I i underground irrigation, "Temporary Encroachment", in the City of Virginia Beach;
II
I
WIT N E SSE T H:
That, WHEREAS, IT IS PROPOSED BY THE Grantee to construct and maintain
WHEREAS, in constructing and maintaining the Temporary Encroachment,
it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as
I
II Litchfield Way "The Encroachment Area"; and
II
I!
II
Ii
I
I
I
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within The Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand
paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee
permission to use The Encroachment Area for the purpose of constructing and maintaining the
Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the
1
City of Virginia Beach, and in accordance with the City's specifications and approval and is more
particularly described as follows, to wit:
A Temporary Encroachment into The Encroachment
Area as shown on that certain plat entitled:
"LITCHFIELD MANOR PHASE 2 HOMEOWNERS
ASSOCIATION ENCROACHMENT FOR
UNDERGROUND IRRIGATION", a copy of which is
attached hereto as Exhibit "A" and to which reference
is made for a more particular description.
It is further expressly understood and agreed that the Temporary Encroachment herein
authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after
the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by
the Grantee; and that the Grantee will bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall indemnifY and hold
harmless the City, its agents and employees, from and against all claims, damages, losses and
expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action
arising out of the location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or construction of any
encroachment other than that specified herein and to the limited extent specified herein, nor to permit
the maintenance and construction of any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must submit and have
approved a traffic control plan before commencing work in The Encroachment Area.
2
It is further expressly understood and agreed that the Grantee agrees that no open cut
of the public roadway will be allowed except under extreme circumstances. Requests for exceptions
must be submitted to the Highway Operations Division, Department of Public Works, for final
approval.
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Development Services Center/Planning Department prior to commencing any
construction within The Encroachment Area.
It is further expressly understood and agreed that prior to issuance ofa right of way
permit, the Grantee must post a bond or other security, in accordance with their engineer's cost
II estimate, with the Office of Development Services Center/Planning Department.
I It is further expressly understood and agreed that the Grantee must obtain and keep in
I force all-risk property insurance and general liability or such insurance as is deemed necessary by the
I
City, and all insurance policies must name the City as additional named insured or loss payee, as
applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount
not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee
will provide endorsements providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of, or material change to, any of the insurance policies. The Grantee
assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary
Encroachment.
It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and charge the cost
thereof to the Grantee, and collect the cost in any manner provided by law for the collection oflocal
or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such
3
removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of
what would be the real property tax upon the land so occupied ifit were owned by the Grantee; and
if such removal shall not be made within the time ordered hereinabove by this Agreement, the City
may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and everyday
that the Temporary Encroachment is allowed to continue thereafter, and may collect such
compensation and penalties in any manner provided by law for the collection oflocal or state taxes.
IN WITNESS WHEREOF, Litchfield Manor Phase 2 Homeowners Association has
caused this Agreement to be executed by Gary S. Thompson, President a member of said association
with due authority to bind said association. Further, that the City of Virginia Beach has caused this
I Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto
I' affixed and attested by its City Clerk.
II
CITY OF VIRGINIA BEACH
!
i I
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
Litchfield Manor Phase 2 Homeowners Association
4
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2003, by
, CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
,2003, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
Notary Public
My Commission Expires:
5
i'l
I';
I'
l;
j'i
l i
II
i I
II STATE OF VIRGINIA ~
II CITY/CO)1NTY oF~Cl ~ , to-wit:
to.' ! The foregoing instrument was acknowledged befOre me this I a. ':I:t.- day of
II -~. ~U ' 2004, by Gary S. Thompson, President on behalf ofUtchfield Manor Phase 2
!l
II . .
i I Homeowners AssociatIon..
, I
Ii
!i
I
My Commission Expires: August 31, 2006
APPROVED AS TO
LEGAL SUFFICIENCY
, G
. )
Gr:MZ~~ ~
CITY ATTORNEY
~~~5
Notary Public
APPROVED AS TO CONTENT
~c.~
CITY REAL ESTATE AGENT
6
</'--\'.
, ^'..;J
/^'n. / '" / !~ //
\", ~(0/ ~^) /,/
'~v~ '\ '. v .'
C=\ (:'~~CO~~~ION MAP SHOWING
<>~~\ y~ ENCROACHMENT REQUESTED BY
,J ;// ~ \" '''',;, ') v LITCHFIELD MANOR PHASE 2
~~://0~";;"<:' HOMEOWNERS ASSOCIATION
:, ~ ~~"'''> c INTO CITY RIGHT-OF-WAY
~C~\:\\"\>;\/P L1TCH~I~LD W~Y ,
~("'\' \'\ ~) ,~~ SCALE. 1 - 200 /~~. \
/ 'h~\ ' j _ ~ I
LITCHFIELD MANOR.DGN T,C. PREPARED BY P;W ENG. DRAFT, 13--]UL-2004
EXISTING
VACUUM L1NE7
EXISTING
WATER LINE
>-
<(
3.........
o =s:
....J"
wO:::
Ci: .
I ..;t-
U r--.
I- .........
::i
EXISTING
WA TER LINE
r-'f@j
.."'..""
"<.CA'
;1
PROPOSED "'"
STORM SEWER
NOTES:
1. ALL IRRIGATION PIPING WILL BE
WITHIN 2' FROM BACK OF CURB,
EXCEPT AT WATER TIE -IN AND
CROSSING MIDDLE ISLAND.
2. SPRINKLER HEADS SHALL BE
PLACED NO CLOSER THAN 3'
FROM VACUUM SEWER LINES.
3. CONTRACTOR SHALL BE
RESPONSIBLE TO CONTACT MISS
UTILITY BEFORE BORING IN ORDER
TO HAVE THE AREA SCANNED
AND MARKED FOR UTILITIES,
Exhibit" A"
ENCROACHMENT PLAT
DATE: 4/09/04
PROJECT # 03045
DRAFT: JLN
CHK'D BY: MEP
SHEET 1 OF 1
---
--
;::1-.
c~ ~X~~~:~A~UU~~~~
,
r
~
~
'-..
i~tLITCRFIELD MANOR PHASE 2
HOMEOWNERS ASSOCIATION
ENCROACHMENT FOR
UNDERGROUND IRRIGATION
40 0' 20' 40' 40'
~II I
1" = 40'
l\1SA, P.C.
Landscape.Architecture . Planning
Surveying. Engineering
Environmental Sciences
5033 ROUSE DRlVB, VlRGJNlABEACH, VA 234Q.3708
PHONE (757) 490-926f. . FAX (751) 49O-CJ634
LITCHFIELD MANOR ENTRANCE
ENCHROACHMENT APPLICATION
MSA#03045
5/28/03
'I -
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.
R ' J,
r .e
r
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i,:
WEST SIDE OF ENTRANCE
_ l
,`�
ail
EAST SIDE OF ENTRANCE
r'. c\, a cref is 1411... AL . 1 L a_y
• 11 ...yr_..... .. 1� L .
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FRONT OF ENTRYWAY
- 34-
Item V-J. 7.
RESOLUTIONS/ORDINANCES
ITEM # 52924
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $1,300,000 from
Hampton Roads Sanitation District (HRSD) to (CIP #6-103) "Lake
Ridge Interceptor Force Main" with revenue increased accordingly for
additional construction costs
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Peter W Schmidt and James L. Wood
August 24, 2004
1
2
3
4
5
6
7
8
9
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$1,300,000 FROM THE HAMPTON ROADS SANITATION
DISTRICT TO CIP #6-103, "LAKE RIDGE
INTERCEPTOR FORCE MAIN"
10
WHEREAS, based on bid costs for construction of the
11
final section of the Lake Ridge Interceptor Force Main project,
12
an additional $1,300,000 must be appropriated to CIP #6-103,
13
"Lake Ridge Interceptor Force Main" to cover the additional
14
construction costs; and
15
WHEREAS, pursuant to an existing Interest Participation
16
Agreement with the Hampton Roads Sanitation District ("HRSD"),
17
HRSD has agreed to provide the additional funds required to
18
complete this project.
19
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
20
CITY OF VIRGINIA BEACH, VIRGINIA:
21
That $1,300,000 is hereby accepted from the Hampton
22
Roads Sanitation District and appropriated to CIP #6-103, "Lake
23
Ridge Interceptor Force Main," with revenue from HRSD increased
24
accordingly.
25
26
27
28
29
30
31
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 24th day of August
, 2004.
1
31
32
33 Approved as to Content:
34
35
36
37
38
39
40
41
42
43 CA-9332
44 H:\PA\GG\ORDRES\CIP6-103.DOC
45 August 6, 2004
46 R-2
APPROVED AS TO LEGAL SUFFICIENCY:
2
C ~)lHndss~Hnl'r.s
::i<:' ['in,,'d
PhOV1DJV'j
'"~
" 1!{(;j'\L\ HF<\{'lI YHU ii'\L\ 2,~7!,,,'< I'
"kA~",2::(d F,\,X ;'fj7, .H!.~;,79;7
wll'w.hr,d.(f>Hl
August 4. 2004
!\k Joshua D. Holl. Ell
Project Manager
DPU. Engineering Division
Municiplll Center
Virginill Beach. Virginia 23456
RE: Lake Ridge Interceptor r:orce Main
ell' 6-j03
Dear Ivlr. Holt:
In Augu$t 1997. I-Iampwll Roads Sanitation District (It RSD) and the Cil)'
of Virginia Beach (City) entered into an Interest Participation Agreemem (11)1\)
for the design and construction of the Lake Ridge Imen:eplOr Force M,ain. The
IPA anticipated that all portions of the project's design and constnlctiofl would
be managed by the Clly Wilh reimbursement by HRSD. Sections A and B have
beelllllanagcdand paid for directly by HRSD while Sections D. E and F
have been Qf are being rlmnaged by the City \villl reimbursement by HRSD.
The City's FY.2004 Capilallmprovcrnent Program lists HRSD's
responsibility for funding design and construction of Sections C. D, E aud F as
$6,741.959, The tOUlI cost of easements. H[1propriatc engineering and
construction commiued funds to date l{)f Seclions C, E and F, already
completed or under construction, and Section D, recently bid, is approxhnulely
$[0.78 million,
HRSD agrees to provide an additional $1.300,000 to the City to facilitate
the comptclinn oflht' Lake Ridge lJucrceptor Force J'vlain,
V cry tm]\, F(lurs. _
----~ .... . /~)
[/iC'lrr.:.LIJ ~
P.dwllrd D, Romm. P.K
Director of Engineering
EDlVplh
SLR\ EF;' TO He')) ""I" A:>;n L!\H\!\CL UCR r:"<VtROi\ML!\T
- 35 -
Item V-J.8.
RESOLUTIONS/ORDINANCES
ITEM # 52925
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance to APPROPRIATE $442, 731 in State, Federal, Gift Fund
and miscellaneous revenues to the Department of Human Services FY
2004-05 Budget re additional Mental Health, Mental Retardation and
Substance Abuse (MH/MR/SA) services
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Peter W. Schmidt and James L. Wood
August 24, 2004
1
2
3
4
5
6
7
8
AN ORDINANCE TO APPROPRIATE $442,731 IN STATE, FEDERAL,
GIFT FUND, AND MISCELLANEOUS REVENUES TO THE FY 2004-05
DEPARTMENT OF HUMAN SERVICES BUDGET TO PROVIDE ADDITIONAL
MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE
SERVICES
WHEREAS, additional funds are available to the Human
9
Services Department to provide mental health, mental retardation,
10
and substance abuse services, and these funds must be appropriated.
11
12
13
14
15
16
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That $157,610 in additional federal revenue and
17
$143,147 in additional state revenue are hereby appropriated to the
18 FY 2004-05 Department of Human Services budget to provide
19 additional mental health, mental retardation and substance abuse
20 services, with federal and state revenue increased accordingly.
21
2. That $41,000 in additional gift fund revenue and
22 $42,173 in additional miscellaneous revenue are hereby appropriated
23 to the FY 2004-05 Department of Human Services budget to provide
24 mental health and substance abuse services to adults and children
25 and to support the Senior Adult Respite Care Program, with gift
26
fund
revenue
and
miscellaneous
revenue
hereby
increased
27 accordingly.
28
3.
That $58,801 in additional Medicaid revenue is
29 hereby appropriated to the FY 2004-05 Department of Human Services
30 budget to provide nursing services at an intermediate care
31 facility, with Medicaid revenue increased accordingly.
34
35
Adopted by the Council of the City of Virginia Beach,
36 Virginia, on the 24th day of August
, 2004.
37
38
Requires an affirmative vote by a majority of the members of City
39
Council.
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
Approved As to Content:
Approved As To Legal
Sufficiency:
City Attorne
CA9340
R3
H:\PA\GG\ORDRES\HUMAN SERVICES NEW REVENUES ORD.DOC
August 13 I 2004
- 36-
Item V-J.9.
RESOLUTIONS/ORDINANCES
ITEM # 52926
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance to APPROPRIATE $73,000 from the Fund Balance
designatedfor MH/MR to the Department of Human Services FY2004-
05 operating budget re a fire suppression system for the Kentucky
Avenue Intermediate Care facility and a wheelchair van for the Colby
Way Intermediate Care facility.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Peter W. Schmidt and James 1. Wood
August 24, 2004
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
AN ORDINANCE TO APPROPRIATE $73,000
FROM FUND BALANCE IN THE GENERAL FUND
DESIGNATED FOR MENTAL HEALTH TO THE
FY 2004-05 OPERATING BUDGET OF THE
DEPARTMENT OF HUMAN SERVICES TO
PROVIDE A FIRE SUPPRESSION SYSTEM FOR
THE KENTUCKY AVENUE FACILITY AND A
WHEELCHAIR VAN FOR THE COLBY WAY
FACILITY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. That $73,000 of fund balance in the General Fund
17
designated for Mental Health is hereby appropriated to the FY 2004-
18
05 Department of Human Services Operating Budget for the purpose of
19 providing a fire suppression system for the Kentucky Avenue
20 Intermediate Care facility and a wheelchair van for the Colby Way
21 Intermediate Care facility.
22
2 .
That estimated revenue in the FY 2004-05 Operating
23 Budget from appropriations of fund balance is hereby increased by
24 $73,000.
25
26 Requires an affirmative vote by a majority of the members of City
27 Council.
28
29 Adopted by the Council of the City of Virginia Beach, Virginia,
30 on the 24th day of Auqust , 2004.
Approved As to Content:
Approved As To Legal
Sufficiency:
i \~
L4t1AAA/IA",- d '.-/,F" "^ It
City Attorney' Offic
jJ~Q,
CA9337
R2
H:\PA\GG\ORDRES\HUMAN SERVICES FUND BALANCE APPROP ORD.DOC
August 12, 2004
- 37-
Item V-J.iO.
RESOLUTIONS/ORDINANCES
ITEM # 52927
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIA TE $26,500 in lieu of Park
Reservation from Sudhakar Lavingia to (CIP #4-970) "Park
Playground Renovations" re improvements for the Orchard at
Glenwood Subdivision and increase local revenue accordingly.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Peter W. Schmidt and James 1. Wood
August 24, 2004
1
2
3
4
5
AN ORDINANCE TO ACCEPT AND APPROPRIATE $26,550
TO CAPITAL PROJECT #4-970, "PARK PLAYGROUND
RENOVATIONS," FOR PLAYGROUND IMPROVEMENTS IN
THE VICINITY OF THE ORCHARD AT GLENWOOD
SUBDIVISION
WHEREAS, the developer of the Orchard at Glenwood
subdivision, Sudhakar Lavingia, has agreed make to a $26,550 cash
payment in lieu of a park dedication.
6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
7 VIRGINIA BEACH, VIRGINIA:
8
9 That $26,550 is hereby accepted from Sudhakar Lavingia and
10
appropriated to Capital Improvement Project #4-970,
"Park
11 Playground Renovations," for playground improvements in the
12 vicinity of the Orchard at Glenwood subdivision, with revenue from
13 local sources increased accordingly in the FY 2004-05 Capital
14 Improvement Budget.
15
16 Adopted by the Council of the City of Virginia Beach,
17 Virginia, on the 24th day of Auqust , 2004.
Requires an affirmative vote by a majority of the members of
the City Council.
APPROVED AS TO CONTENT
~Q~ Q-~
Management Services
APPROVED AS TO LEGAL
SUFFICIENCY
~f/W f~
City Attorney s Of lce
CA9335
R1-August 10, 2004
H:\PA\GG\ORDRES\CIP#4-970 orchard at glenwood
- 38-
Item V-J.ll.
RESOLUTIONS/ORDINANCES
ITEM # 52928
ADD-ON
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Resolution REQUESTING the Planning Commission study the issue
of political campaign signs on private property and provide
recommendations to the City Council concerning potential
amendments to the City Zoning Ordinance pertaining to such signage.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. OberndorJ, Jim
Reeve, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Peter W Schmidt and James L. Wood
August 24, 2004
1
2
3
4
5
6
7
8
9
A RESOLUTION DIRECTING THE PLANNING
COMMISSION TO STUDY THE ISSUE OF
POLITICAL CAMPAIGN SIGNS ON PRIVATE
PROPERTY AND TO PROVIDE RECOMMENDATIONS
TO THE CITY COUNCIL CONCERNING
POTENTIAL AMENDMENTS TO THE CITY ZONING
ORDINANCE PERTAINING TO SUCH SIGNAGE
WHEREAS, the public necessity, convenience, general
10 welfare and good zoning practice so require;
11
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
12 CITY OF VIRGINIA BEACH, VIRGINIA:
13
That the Planning Commission be, and hereby is,
14 directed to study the issue of political campaign signs on
15 private property and to provide to the City Council its
16 recommendations concerning potential amendments to the City
17 Zoning Ordinance concerning such signs. The Planning Commission
18 is hereby requested to complete its study and to provide its
19 recommendations to the City Council at the earliest practicable
20 time.
21 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
22 BEACH, VIRGINIA:
23
That until such time as the City Council acts upon
24
such recommendations,
the
Zoning Administrator
is
hereby
25 directed to refrain from enforcement of the provisions of
26 Section 211 (e) and (h) pertaining to the period of time during
27 which political campaign signs may be displayed.
28
29
Adopted by the City Council of the City of Virginia
30 Beach, Virginia on the 24th day of
~l1gl1!':t-
31 2004.
32
33 CA-9358
34 OID\orders\politicalsignres.doc
35 R-1
36 August 24, 2004
37
38
39
2
1 ALTERNATIVE VERSION
2
3
4 AN ORDINANCE TO REPEAL DURATIONAL LIMITS FOR
5 POLITICAL CAMPAIGN SIGNS AND ADVERTISING
6
7
8 Section Amended: 211 of the City Zoning
9 Ordinance
10
11 WHEREAS, the public necessity, convenience, general welfare
12 and good zoning practice require;
13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA:
15 That Section 211 of the CZO of the City of Virginia Beach,
16 Virginia, is hereby amended and reordained to read as follows:
17
Section 211. Signs per.mitted in all districts.
18
19
(e) Political Campaign Signs
20 Signs announcing candidates seeking public political
21 office and other data pertinent thereto shall be permitted up to
22 a total are~ of eight (8) square feet for each sign on premises
23 in a residential zone and thirty-two (32) square feet in a
24 commercial or industrial zone. These signs shall be confined
25 within private property and shall not encroach into the
26 visibility triangle at street intersections. TheDe DignD ffi~y be
27 diDpl~yed Dixty (60) d~YD prior to ~nd Deven (7) d~YD ~fter the
28 election for '.:hich intended. In C~Deo 'v.here ~ fin~l election
29 follo',:D ~ prim~ry election, thoDe c~ndid~teD ',,'ho '..Jon in the
1
30 priffi~ry election m~y continue to diDpl~y their DignD during the
31 interim period ~nd up to De7en (7) d~YD ~fter the fin~l
32 election.
33
34
(h)
Commercial signs used for political campaign
35 advertising.
36 Commercial signs may be used for political campaign
37 advertising...:... siJ{ty (60) d~YD prior to ~nd De~;en (7) d~YD ~fter
38 the election for o.;hich intended. In C~DeD ',;here ~ fin~l
39 election follo'om ~ priffi~ry election, thoDe c~ndid~teD '.;ho ~mn in
40 the prim~ry election m~y continue to diDpl~y their DignD during
41 the interim period ~nd up to De7en (7) d~YD ~fter the fin~l
42 election.
43 The political campaign advertisement shall encompass the
44 entire surface area upon which it is placed. The advertisement
45 shall be secured to the commercial sign in a manner acceptable
46 to the department of permits and inspections.
47 COMMENT
4 8 The amendments clarify that there are no limitations on the number of political campaign
49 signs which may be posted on residential property. Such limitations were held to be
50 unconstitutional by the United States Fourth Circuit Court of Appeals.
51
52 The deletion of durationallimits for political campaign signs and a<J,vertising is the result of
53 a U.S. District Court decision which held that such limits on signs posted on private property are
54 unconstitutional.
55
56
57 Adopted by the Council of the City of Virginia Beach,
58 Virginia, on the day of , 2004.
59
2
60
61
62 CA-7442
63 OID\orders\campaignsignordin.doc
64 August 24, 2004
65 R-8
3
- 39-
Item V-KlL.
ITEM # 52929
PLANNING
NO ACTION
K.l. VIRGINIA BEACH COMMUNITY DEVELOPMENT
CORPORATION CONDITIONAL USE PERMIT
PLANNING
L.1. WILLIAM P. VAUGHAN
VARIANCE
L.2. DRIVE 1
CONDITIONAL USE PERMIT
L.3. NEW LIFE CHRISTIAN FELLOWSHIP AT
PROVIDENCE
CONDITIONAL CHANGE OF ZONING
L.4. SPRING BRANCH COMMUNITY CHURCH
CONDITIONAL USE PERMIT
L.5 OMNIPOINT COMMUNICATIONS CAP
OPERATIONS, L.L.C.
CONDITIONAL USE PERMIT
L.6. CHAIN BRIDGE PROPERTIES, L.L.C.
CONDITIONAL CHANGE OF ZONING
L.7. WEST NECK, L.L.C.
CONDITIONAL CHANGE OF ZONING
L.B. RONALD MODLINGER, M.D.
CONDITIONAL CHANGE OF ZONING
L.9. CITY ZONING ORDINANCE
AMEND ~~ 215 AND 216 re repair of
certain billboards
August 24, 2004
Item V-K.
PLANNING
- 40-
ITEM # 52930
NO ACTION NECESSARY: (Deferred by the Planning Commission).
Ordinance upon Application of the Virginia Beach Community
Development Corporation for a Conditional Use Permit for a facility
for the disabled on property located at 2441 North Landing Road
(GPIN 14949046270000). DISTRICT 7 - PRINCESS ANNE.
August 24, 2004
- 41 -
Item V-L.
PLANNING
ITEM # 52931
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED in ONE
MOTION Items 1, 2, 3, 4 (REVISED), 5, 7, 8 and 9 of the PLANNING BY CONSENT AGENDA.
Item 4 (SPRING BRANCH) was APPROVED, with REVISED CONDITIONS.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Peter W Schmidt and James L. Wood
August 24, 2004
- 42-
Item V-L.1.
PLANNING
ITEM # 52932
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED the Petition
for a Variance to ~ 4.4(b) that requires all newly created lots meet all the requirements of the City Zoning
Ordinance (CZO) for WILLIAM P. VAUGHAN at the northern terminus of Vaughan Road, west of
Princess Anne Road, and allow a 28.987-acre lot to be created from a 70-acre parcel that is divided by a
canal leading to West Neck Creek.
Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for William P.
Vaughan. Property is located at the northern terminus of Vaughan
Road, approximately 6600 feet west of Princess Anne Road (GPIN
24012798000000). DISTRICT 7 - PRINCESS ANNE
The following conditions shall be required:.
1. Approval from the Health Department shall be obtained prior to
the issuance of the building permit.
2. Verification that Parcel A-2 has obtained legal authority to
utilize the existing ingress/egress easement shall be submitted
with the final plat.
3. All applicable requirements of the City's Southern Watersheds
Management Area Ordinance and the Floodplain Ordinance
shall be adhered to.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Peter W. Schmidt and James 1. Wood
August 24, 2004
- 43-
Item V-L.2.
PLANNING
ITEM # 52933
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance
Application of DRIVE 1 for a Conditional Use Permit re motor vehicle sales (used):
ORDINANCE UPON APPLICATION OF DRIVE 1 FOR A
CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES
(USED) R080431186
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Drive 1 for a Conditional Use Permit
for motor vehicle sales (used) on property located on the north side of
Virginia Beach Boulevard, approximately 100 feet west of First
Colonial Road (GPIN 24077670150000). DISTRICT 6 - BEACH
The following conditions shall be required:
1. When developed, the site shall substantially conform to the
submitted site plan entitled, "DRIVE 1," prepared by AnCor,
Inc., dated 3/30/04, which has been exhibited to the Virginia
Beach City Council and is on file in the City of Virginia Beach
Planning Department.
2. When the building is erected, it shall be in substantial
conformance with the submitted elevations entitled, "DRIVE 1, "
prepared by AnCor, Inc., dated 3/30/04, which have been
exhibited to the Virginia Beach City Council and are on file in
the City of Virginia Beach Planning Department.
3. A ten- (10) foot reservation along the Virginia Beach Boulevard
right-of-way shall be depicted on the final site plan to meet the
future needs outlined in Capital Improvement Program (CIP
project 2-072).
4. Any freestanding sign shall be a six-foot high monument style
sign with a block base and color scheme to match that of the
building materials of the primary structure.
5. A Lighting Plan and/or Photometric Diagram Plan shall be
submitted duringfinal site plan review. Said Plan shall include
the location of all pole mounted and building mounted lighting
fixtures and the listing of lamp type, wattage and type of fixture.
Lighting shall overlap and be uniform throughout the parking
area. All lighting on site shall be consistent with those standards
recommended by the Illumination Engineering Society of North
America along with requirements of the City of Virginia Beach
Lighting Ordinance.
August 24, 2004
- 44-
Item V-L.2.
PLANNING
ITEM # 52933 (Continued)
6. Vehicles on display for sale, or otherwise, shall be not parked in
the right-ol-way, on above grade ramps nor within the private
drive at the eastern property line.
7. All required parking spaces must be marked (painted) clearly on
the site, including installing the required handicap spaces in
accordance with Americans with Disabilities Act (ADA)
regulations.
8. The repair of automobiles, or outside storage of parts,
equipment, or wrecked and/or inoperative vehicles shall not be
permitted on the site.
9. No vehicles shall be displayed on raised platforms.
10. No advertising banners, streamers, balloons, pennants, or
similar devices shall be permitted. There shall be no signs in
excess of four (4) square feet installed or displayed on the
exterior or interior of the windows of the building.
11. No outdoor public address system or paging system shall be
used.
12. Parking space and display area spaces shall be clearly
delineated on the final site plan and the parking lot must be
striped in accordance with the approved plan. Vehicles are to be
parked in the designated areas and no vehicles shall be parked
within any portion of the public right-ol-way.
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 24th of August, Two Thousand Four
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim
Reeve, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Peter W. Schmidt and James L. Wood
August 24, 2004
Item V-L.3.
PLANNING
- 45 -
ITEM # 52934
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance
upon application of NEW LIFE CHRISTIAN FELLOWSHIP AT PROVIDENCE for a Conditional Use
Permit re a church:
ORDINANCE UPON APPLICATION OF NEW LIFE CHRISTIAN
FELLOWSHIP AT PROVIDENCE FOR A CONDITIONAL USE
PERMIT FOR A CHURCH R080431187
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of New Life Christian Fellowship at
Providence for a Conditional Use Permit for a church on property
located at 1244 Thompkins Lane (GPIN 14652907800000). DISTRICT
1 - CENTERVILLE
The following conditions shall be required:
1. The site shall be developed in substantial conformance to the
submitted plan entitled "Preliminary Site Plan for New Life
Christian Church Providence Congregation" prepared by
Engineering Services, Inc. and dated March 31, 2004, andonfile
in the Department of Planning.
2. The phase one sanctuary addition shall be developed in
substantial conformance to the submitted elevations entitled
"New Life Christian Fellowship Providence" prepared by
Barnes Design Group, P.e. and dated March 26,2003, and on
file in the Department of Planning. The future sanctuary
addition shown on the plan must use similar materials and
architectural style.
3. Parking lot and foundation landscaping in accordance with the
Site Plan Ordinance shall be installed in the areas of new
parking to be constructed in the first and all future phases.
4. A minimum 25-foot wide buffer shall be provided along all
property lines adjacent to residential zoned property. A
minimum 50-foot wide buffer shall be provided along the
property lines adjacent to all houses in the Birnam Woods
neighborhood. There shall be no improvements installed within
these buffer areas. Tree protection measures for all existing
trees within these areas must be provided on the detailed site
plan and installed during construction. Additional everzreen
plantings shall be installed amonz the existinz trees in the 50-
foot wide buffer area to fill in gaps as necessary.
August 24, 2004
- 46-
Item V-L.3.
PLANNING
ITEM # 52934 (Continued)
5. No access to Masada Drive shall be permitted. A secondary
access through the adjacent shopping center to Kemps River
Drive should be pursued when the additions labeled "future" are
constructed.
6. Application shall be reviewed on an annual basis to determine if
restrictions on amplified music are necessary.
This Ordinance shall be effective in accordance with Section 1 07 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th of August, Two Thousand Four
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Peter W. Schmidt and James L. Wood
August 24, 2004
- 47-
Item V-L.4.
PLANNING
ITEM # 52935
Attorney Edward Bourdon, Pembroke One Building, Phone: 499-8971, represented the applicant and
advised of the applicant's agreement to the revised conditions.
Mr. Linginfelter, representing the neighbors, concurred with the revised conditions.
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance
upon application of SPRING BRANCH COMMUNITY CHURCH for a Conditional Use Permit re a
Church (three-phase expansion):
ORDINANCE UPON APPLICATION OF SPRING BRANCH
COMMUNITY CHURCH FORA CONDITIONAL USE PERMIT FOR
A CHURCH (EXPANSION) R080431188
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Spring Branch Community Church for
a Conditional Use Permit for a church (expansion) on property located
at 1500 North Great Neck Road (GPIN 24091 02222). DISTRICT 5 -
LYNNHA VEN
The following conditions shall be required:
1. The church expansion shall be constructed as shown on the site
plan entitled, "Spring Branch Community Church Expansion"
dated 6/27/03 by MSA, P. C. The site plan may be revised to meet
requirements of City ordinances.
2. Any existing trees with a caliper of two (2) inches or greater
shall be retained in the new buffer area at the rear of the
property. Additional vegetation shall be added to create the
equivalent of a Category IV landscape buffer. A double row of
Leyland Cypress trees shall be installed along the entire length
of the northern property line.
3. The architectural design of the building additions shall be
compatible with the existing building, and the colors and
materials shall match the existing building. The height of the
building shall not exceedforty-nine (49) feet as approved by the
Board of Zoning Appeals April 16, 1997. The Planning Director,
or his designee, shall approve lighting within the proposed
atrium.
4. The applicant shall use individuals trainedfor traffic control to
direct traffic during peak periods of vehicle trips into and out of
the site. This shall include all regular services and any other
services, meetings or group gatherings where attendance is
anticipated to be over 500 people.
August 24, 2004
- 48-
Item V-L.4.
PLANNING
ITEM # 52935 (Continued)
5. The plavin~ or use of amplified music shall be limited to the
hours of9:00 8:00 a.m. to 9:00 10:00 p.m. The applicant intends
to take whatever measures are necessarv to attenuate amplified
sound to levels acceptable to the surroundin!! residential
neifJhbors. After two (2) vears from the issuance of the
occupancv permit for the new Atrium addition. the applicant mav
petition the appropriate Citv officials to modifY the above time
restrictions.
6. Subiect to the permlSSlOn of The Reserve propertv owners
immediatelv adiacent to the northernmost common propertv line
between the Church and The Reserve and the !!rantin!! of a
temporarv construction easement to access and utilize. for
construction purposes onlv. an area of approximatelv five (5) feet
in width adiacent to and parallel with the shared property line
between the Church and the Reserve property owners. the
Church shall construct and maintain an eifJht-(8) foot high solid
brick privacv fence. with brick columns as needed. within twelve
(]2) inches of the Church's northern property line. Said fence
shall commence at the intersection of the southwest corner of Lot
78 (Subdivision of The Reserve) and the Church's northern side
property line (or as close to that point as the Otv Code will
allow an ei!!ht-(8) foot hi~h fence to be built) and shall run to the
Church's rear northeast property corner. The construction of
said fence shall commence with the commencement of
construction of the proposed new addition. In addition to
constructin!! the aforedescribed brick fencin!! alon!! the northern
boundary of the Church's propertv. the Church shall also plant
and maintain a sta~gered double row of Leland Cvpress trees
alon!! the south side of said brick fence.
LApplicant has a!!reed to modifY the north side buildinfJ elevation
with respect to the proposed atrium addition. The atrium shall
be modified bv reducin~ the hei!!ht of the glass wall facin!! north.
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 24th of August, Two Thousand Four
August 24, 2004
Item V-L.4.
PLANNING
Voting:
- 49-
ITEM # 52935 (Continued)
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Peter W. Schmidt and James L. Wood
August 24, 2004
- 50-
Item V-L.5.
PLANNING
ITEM # 52936
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance
upon application of OM NIP OINT COMMUNICATIONS CAP OPERATIONS, L.L.Cfor a Conditional
Use Permit re a communications tower:
ORDINANCE UPON APPLICATION OF OMNIPOINT
COMMUNICATIONS CAP OPERATIONS, L.L.C. FOR A
CONDITIONAL USE PERMIT FOR A COMMUNICATIONS TOWER
R080431189
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Omnipoint Communications CAP
Operations, L.L. C. for a Conditional Use Permit for a communications
tower on property located at 1001 Concert Drive (GPIN
14855225160000). DISTRICT 7 - PRINCESS ANNE
The following conditions shall be required:
1. The light pole / communication tower and antennas shall be
constructed as depicted on the drawing entitled, "OMNIPOINT
COMMUNICATIONS CAP OPERATIONS, L.L.c., Landstown
HS, Site Number VA30450-F, "prepared by Atlantis Group, Inc"
dated 12/01/03, with the exception of the antennas at the 125-100t
height level shall resemble the antennas depicted on the drawing
entitled, "City of Virginia Beach, Video Services, Landstown
High School, Tower Elevation," and shall be certified as
structurally sound. In the event the City does not construct any
antennas on this tower, another provider may locate on the tower
provided the antennas areflush mounted and are installed at the
heights depicted in the drawingprepared by Atlantis Group, Inc.
mentioned above.
2. The equipment building shall be constructed with a brick exterior
to match that of the existing high school. Adequate space shall
be reserved and dedicated, within the building, to store necessary
equipment for the City's use in conjunction with its antennas.
Prior to submission for final site plan review, the applicant shall
coordinate with the City of Virginia Beach, Department of
Communications and Information Technology, Division of Video
Services, to determine the City's needs within the structure.
3. In the event that any of the communication antennas are not used
for a period of one (I) year, the antennas must be removed at the
owner's expense.
4. A red light, to be illuminated during the nighttime hours, shall be
installed at the top of the tower.
August 24, 2004
- 51 -
Item V-L.5.
PLANNING
ITEM # 52936 (Continued)
5. The overall height of the proposed tower and antennas shall not
exceed 135 feet.
6. An appropriate easement or lease for the ingress and egress
planned to this site shall be coordinated with the appropriate
staff including the School Board, the Public Works
Department/Real Estate Office and the City Attorney's Office
prior to the issuance of a building permit.
7. The tower shall be a common gray color. In the event the
FederalAviation Administration (FAA), or other licensing entity,
requires that the tower be painted in accordance with FAA
regulations, the height of the tower shall be reduced to a level
that will not require it to be painted. Lighting of the tower shall
be limited to a low-level day strobe with a red beacon at the top.
If more intense lighting is required, the tower height shall be
reduced to a level where enhanced lighting is not required. Prior
to a building permit being obtained, the applicant shall work
with City staff to reduce lighting effects at ground level.
8. Landscaping shall be installed around the entire fenced
perimeter of the 31-foot by 35-foot lease area, with the exception
of the area reserved for access, and shall be as required under
Section 232 (b)(8) for communication towers under 200 feet, or
less, in height.
9. Fence material surrounding the lease area shall be black vinyl
coated chain link.
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 24th of August, Two Thousand Four
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Peter W. Schmidt and James L. Wood
August 24, 2004
- 52-
Item V-L.6.
PLANNING
ITEM # 52937
Attorney Edward Bourdon, Pembroke One Building, Phone: 499-8971, represented the applicant and
distributed correspondence from Sterling Jewelers (parent company of Jared), site and floor plans, graphs
depicting annual sales vs. competition, as well as menus from Baja Fresh Mexican Grill, site plan, data
sheet, photograph of proposed restaurant and corporate news. These companies and Starbuck Coffee will
be located on this property to be redeveloped. Copies of the Deed Restriction dated April 30, 1993, were
also distributed. Said information is hereby made a part of the record. This site is currently occupied by
Pargo's Restaurant. The site consists of 1.7 acres.
Robert Jones, Chairman - Virginia Beach Development Authority, registered in OPPOSITION. The VBDA
wishes to maintain the 1-1 Zoning Classificationfor this Parcel. In 1992, the VBDA deliberately permitted
the development of the restaurant to provide this amenity in close proximity to the users of the park. This
need no longer exists as there are many restaurants located in the vicinity. Because the Authority is
experiencing a shortage of 1-1 property for incoming prospects, maintaining the 1-1 classification for
Parcel 67 is very important.
Upon motion by Council Lady McClanan, seconded by Councilman Maddox, City Council ADOPTED an
Ordinance upon application of CHAIN BRIDGE PROPERTIES, L.L.C. for a Conditional Change of
Zoning:
ORDINANCE UPON APPLICATION OF CHAIN BRIDGE
PROPERTIES, L.L.C. FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM 1-1 TO CONDITIONAL B-2 Z08041195
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Chain Bridge Properties, L.L. C. for a
Change of Zoning District Classification from 1-1 Light Industrial
District to Conditional B-2 Community Business District on property
located at 657 Lynnhaven Parkway (GPIN 14964879630000), The
Comprehensive Plan designates this area as Strategic Growth Area 9
(West Oceana Area), suitable for low-intensity industrial uses
consistent with the Comprehensive Plan's policies for this area.
DISTRICT 3 - ROSE HALL
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 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th of August, Two Thousand Four
August 24, 2004
Item V-L. 6.
PLANNING
Voting:
- 53-
ITEM # 52937 (Continued)
6-4
Council Members Voting Aye:
Harry E. Diezel, Reba S. McClanan, Richard A. Maddox, Jim Reeve,
Ron A. Villanueva and James L. Wood
Council Members Voting Nay:
Robert M. Dyer, Vice Mayor Louis R. Jones, Mayor Meyera E.
Oberndorf and Rosemary Wilson
Council Members Absent:
Peter W. Schmidt
August 24, 2004
/
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-5915
DATE: August 11,2004
TO:
Leslie L. Lilley
William M. Macali I~
DEPT: City Attorney
FROM:
DEPT: City Attorney
RE: Conditional Zoning Application
Chain Bridge Properties, L.L.C.
The above-referenced conditional zoning application is scheduled to be heard by the City
Council on August 24, 2004. I have reviewed the subject proffer agreement, dated March 26, 2004,
and have determined it to be legally sufficient and in proper legal form. A copy ofthe agreement is
attached.
Please feel free to call me if you have any questions or wish to discuss this matter further.
WMM/nlb
Enclosure
CHAIN BRIDGE PROPERTIES, L.L.C., a Virginia limited liability company
TO (pROFFERED COVENANTS, RESIRICTIONS AND CONDITIONS)
CI1Y OF VIRGINIA BEACH
THIS AGREEMENr, made this 26th day of March 2004, by and between
CHAIN BRIDGE PROPERTIES, L.L.C., a Virginia limited liability company, Grantor;
and THE CI1Y OF VIRGINIA BEACH, a municipal corporation of the Commonwealth
of Virginia, Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of a certain parcel of property located in
the Rose Hall District of the City of Virginia Beach, containing approximately 1.753
acres as more particularly described in Exhibit "A" attached hereto and incorporated
herein by this reference (the "Property"); and
WHEREAS, the Grantor has initiated a conditional amendment to the Zoning
Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so
as to change the Zoning Classification of the Property from 1-1 Industrial District to
B-2 Community Business District; and
WHEREAS, the Grantee's policy is to provide only for the orderly development
of land for various purposes through zoning and other land development legislation;
and
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible development of various types of uses conflict and that in order to
permit differing types of uses on and in the area of the Property and at the same time
to recognize the effects of change that will be created by the Grantor's proposed
rezoning, certain reasonable conditions governing the use of the Property for the
protection of the community that are not generally applicable to land similarly zoned
are needed to resolve the situation to which the GRANTORS' rezoning application
gives rise; and
GPIN: 1496-48-7963
PREPARED BY: SYKES, BOURDON, AHERN & LEVY. P.C.
281 INDEPENDENCE BLVD.
PEMBROKE ONE, FIFIH FLOOR
VIRGINIA BEACH, VIRGINIA 23462
1
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of
and prior to the public hearing before the Grantee, as a part of the proposed
amendment to the Zoning Map with respect to the Property, the following reasonable
conditions related to the physical development, operation, and use of the Property to
be adopted as a part of said amendment to the Zoning Map relative and applicable to
the Property, which has a reasonable relation to the rezoning and the need for which
is generated by the rezoning.
NOW, THEREFORE, the Grantor, its successors, personal representatives,
assigns, grantees, and other successors in title or interest, voluntarily and without
any requirement by or exaction from the Grantee or its goveming body and without
any element of compulsion or Quid pro QUO for zoning, rezoning, site plan, building
permit, or subdivision approval, hereby makes the following declaration of conditions
and restrictions which shall restrict and govem the physical development, operation,
and use of the Property and hereby covenants and agrees that this declaration shall
constitute covenants running with the Property, which shall be binding upon the
Property and upon all parties and persons claiming under or through the Grantor,
its successors, personal representatives, assigns, grantees, and other successors in
interest or title:
1. When the Property is developed, it shall be developed substantially as
shown on the exhibit entitled "657 LYNNHAVEN PARKWAY LANDSCAPE PLAN,"
prepared by The Spectra Group, dated 3/25/04, which has been exhibited to the
Virginia Beach City Council and is on file with the Virginia Beach Department of
Planning (hereinafter "Site Plan").
2. When the Property is developed, the exterior of the building designated
"Jared's 6100 S.F." on the Site Plan shall be substantially similar in appearance to
the elevations shown on the exhibits entitled "JARED, The Galleria of Jewelry,
Lynnhaven Mall, Virginia Beach, Virginia", prepared by Cedarwood Architectural,
which have been exhibited to the Virginia Beach City Council and are on file with the
Virginia Beach Department of Planning (hereinafter "Jared Elevations").
3. When the Property is developed, the exterior building materials and
colors of the building depicted on the Jared Elevations shall be substantially similar
2
to those provided on the exhibit entitled "JARED, The Gallery of Jewelry, Lynnhaven
Mall, Virginia Beach, Virginia, SAMPLE BOARD" , prepared by Cedarwood
Architectural, which has been exhibited to the Virginia Beach City Council and is on
fIle with the Virginia Beach Department of Planning (hereinafter "Jared Sample
Board" .
4. When the Property is developed, the exterior of the building designated
"Starbucks/Retail Bldg. 5000 S.F." on the Site Plan shall be substantially similar in
appearance to the elevations shown on the Exhibit entitled, "A PROPOSED RETAIL-
657 LYNNHAVEN PARKWAY, VIRGINIA BEACH, VA.," dated 3/28/04, prepared by
Little Architectural Consulting, which has been exhibited to the Virginia Beach City
Council and is on f1le with the Virginia Beach Department of Planning (hereinafter
"Retail Elevation").
5. All outdoor lighting shall be shielded, deflected, shaded and focused to
direct light down onto the premises and away from adjoining property.
6. The Property may only have one or more of the following land uses:
a. Bakeries, confectioneries and delicatessens;
b. Beverage manufacturing shops, which shall not exceed 3000
square feet in floor area;
c. Business studios, offices and clinics;
d. Drugstores, beauty shops, barbershops and other personal
service establishments;
e. Eating and drinking establishments with or without drive
through windows;
f. Financial institutions;
g. Florists, gift shops, stationery stores;
h. Furniture repair, upholstering, repair services for radio, television
and household appliances;
1. Grocery stores, carryout food stores and convenience stores;
j. Laboratories and establishments for the production and repair of
eyeglasses, hearing aids and prosthetic devices;
k. Laundry and dry cleaning agencies;
1. Liquor stores;
m. Medical and dental offices and clinics;
n. Medical laboratories;
o. Museums and art galleries;
p. Outdoor cafes;
q. Outdoor plazas;
r. Personal service establishments;
s. Public buildings and grounds;
3
t. Repair and sales for radio, television, household appliances and
small business machines;
u. Retail establishments;
v. Specialty shops.
No other land uses, otherwise permitted under Section 901 of the
Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia shall be
permitted to operate on the Property.
7. Further conditions may be required by the Grantee during detailed Site
Plan review and administration of applicable City codes by all cognizant City
agencies and departments to meet all applicable City code requirements.
All references hereinabove to B-2 District and to the requirements and
regulations applicable thereto refer to the Comprehensive Zoning Ordinance and
Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date
of approval of this Agreement by City Council, which are by this reference
incorporated herein.
The above conditions, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall
continue in full force and effect until a subsequent amendment changes the zoning
of the Property and specifically repeals such conditions. Such conditions shall
continue despite a subsequent amendment to the Zoning Ordinance even if the
subsequent amendment is part of a comprehensive implementation of a new or
substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written instrument recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and
executed by the record owner of the Property at the time of recordation of such
instrument, provided that said instrument is consented to by the Grantee in writing
as evidenced by a certified copy of an ordinance or a resolution adopted by the
goveming body of the Grantee, after a public hearing before the Grantee which was
advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia,
1950, as amended. Said ordinance or resolution shall be recorded along with said
instrument as conclusive evidence of such consent, and if not so recorded, said
instrument shall be void.
4
The Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall
be vested with all necessary authority, on behalf of the goveming body of the City of
Virginia Beach, Virginia, to administer and enforce the foregoing conditions and
restrictions, including the authority (a) to order, in writing, that any noncompliance
with such conditions be remedied; and (b) to bring legal action or suit to insure
compliance with such conditions, including mandatory or prohibitory injunction,
abatement, dam.ages, or other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause
to deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made
pursuant to these provisions, the Grantor shall petition the governing body for the
review thereof prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances
and the conditions may be made readily available and accessible for public
inspection in the office of the Zoning Administrator and in the Planning Department,
and they shall be recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, and indexed in the nam.es of the Grantor and the Grantee.
5
WITNESS the following signature and seal:
GRAN1DR:
CHAIN BRIDGE PROPERTIES, L.L.C.,
a Virginia limited liability company
By: Global Media, Inc., Managing Member
-- .-.............
/ '\ .-.- .,--
Bybd I]-. t 3-~
Peter A. Batten, President
(SEAL)
STATE OF VIRGINIA .
eI'l'\'-jCOUNIY OF ;toK/\QA - ~~ · to-wit:
The foregoing instrument was acknowledged before me thi~ day of March
2004, by Peter A. Batten, President of Global Media, Inc., Managing Member of Ch~
Bridge Properties, L.L.C., a Virginia limited liability company.
~O.~
Notary Public
My Commission Expires: y )'30 \ CXo
6
EXHIBIT "A"
ALL TI-lAT certain lot, piece or parcel of land situate, lying and being in the
Lynnhaven Borough in the City of Virginia Beach, Virginia, together with all
buildings and improvements thereon or thereunto belonging, shown on Parcel 67 in
Map Book 186, Page 47, in the Clerk's Office of the Circuit Court of Virginia Beach.
Virginia, and described as follows:
Beginning at a point in the western line of Lynnhaven Parkway, said point of being S
030 07' 52" E a distance of 250.00' from the southwest intersection of Guardian Lane
(formerly Frankell Lane) and Lynnhaven Parkway; thence, with the western line of
Lynnhaven Parkway S 030 07' 52" E a distance of 250.00' to a pin found; thence,
with the northern line of the Estate of Robert M. Stein et al as described in Deed
Book 2717, Page 1033, said Clerk's Office, S 860 52' 08" W a distance of 319.61' to a
pin found in the eastern line of Phoenix Drive; thence, with the eastern line of
Phoenix Drive along the following three courses: N 060 0 I' 00" E a distance of 45.17'
to a point of curvature; thence, along a curve to the left having a radius of 977.51'
an arc distance of 156.07' to a point of tangency; thence, N 030 07' 52" Wa distance
of 50.00'; thence, along the southern line of Parcel 52 as shown in Map Book 186,
Page 47, said Clerk's Office, N 860 52' 08" E a distance of 300.00' to the point of
beginning, containing 1.75 acres.
TOGE1HER WIlli all rights to use that portion of a perpetual, Cross-Reciprocal
Ingress/Egress Easement contained within the bounds of Parcel 52 as dedicated and
more fully depicted in Map Book 186, Page 47, in the Clerk's Office of the Circuit
Court of Virginia Beach, Virginia, to which reference is hereby made for a more
complete description of said easement. .
GPIN: 1496-48-7963
CONDmONALREZONING/CHAINBRIDGEPROPERl1ES/PROFFER
7
- 54-
Item V-L.7.
PLANNING
ITEM # 52938
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance
upon application for a Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF WEST NECK, L.L. C. FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1
AND AG-2 WITH HISTORIC AND CULTURAL DISTRICT (HCD)
OVERLAY(PORTIONOF) TOCONDITIONALR-10 WITHAPD-H2
PLANNED UNITDEVELOPMENTDISTRICTOVERLAY Z08041196
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of West Neck, L.L. C. for a Change of
Zoninf! District Classification from AG-1 and AG-2 Agricultural
Districts with Historic and Cultural District (HCD) Overlay (portion
oj) to Conditional R-1O Residential District with a PD-H2 Planned
Unit Development District Overlay on property located on the west
side of West Neck Road, approximately 380 feet south of North
Landing Road (GPINS 14937921020000; 14946000930000). The
Comprehensive Plan designates this site as being part of Princess
Anne (Transition Area). DISTRICT 7 - PRINCESS ANNE
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 of Virginia Beach, Virginia, on the 24th of August, Two Thousand Four
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Peter W. Schmidt and James L. Wood
August 24, 2004
/
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-5927
DATE: August 11,2004
TO:
Leslie L. Lilley
William M. Macali ~
DEPT: City Attorney
FROM:
DEPT: City Attorney
RE: Conditional Zoning Application
West Neck, LLC
The above-referenced conditional zoning application is scheduled to be heard by the City
Council on August 24, 2004. I have reviewed the subject proffer agreement, dated April 27, 2004,
and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is
attached.
Please feel free to call me if you have any questions or wish to discuss this matter further.
WMM/nlb
Enclosure
WEST NECK, L.L.C., a Virginia limited liability company,
PRINCESSBORO DEVELOPMENT COMPANY, INC., a Virginia corporation
TO (pROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 27th day of April 2004, by and between WEST
NECK, L.L.C., a Virginia limited liability company, Grantor, party of the first part;
PRINCESSBORO DEVELOPMENT COMPANY, INC., a Virginia corporation, Grantor,
party of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation
of the Commonwealth of Virginia, Grantee, party of the third part.
WITNESSETH:
WHEREAS, the party of the second part is the owner of that certain parcel of
property located in the Princess Anne District of the City of Virginia Beach, containing a
total of approximately 11.35 acres and described as Parcel One in Exhibit "A" attached
hereto and incorporated herein by this reference. Said parcel along with Parcel Two as
described in Exhibit "A" are hereinafter referred to as the "Property"; and
WHEREAS, the party of the first part as the contract purchaser of Parcel One and
the owner of that certain parcel of property located in the Princess Anne District of the
City of Virginia Beach, containing a total of approximately 97.41 acres, described as
Parcel Two in Exhibit "A", has initiated a conditional amendment to the Zoning Map of
the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change
the Zoning Classifications of the Property from AG-l and AG-2 Agricultural Districts and
the Historic and Cultural Overlay District to Conditional R-I0 Residential District with a
PDH2 Overlay; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation; and
PREPARED BY:
U" SYl(IS. ROURDON. G PIN' 1494-60-0093
AIlrnN & LM P:C .
. 1493-79-2102
1
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the area of
the Property and at the same time to recognize the effects of change, and the need for
various types of uses, certain reasonable conditions governing the use of the Property for
the protection of the community that are not generally applicable to land similarly zoned
are needed to cope with the situation to which. the Grantor's rezoning application gives
rIse; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed amendment to the
Zoning Map, in addition to the regulations provided for the R-10 Zoning District by the
existing Zoning Ordinance, and by the provisions of the PDH2 Overlay District adopted
herewith, the following reasonable conditions related to the physical development,
operation, and use of the Property to be adopted as a part of said amendment to the
Zoning Map relative and applicable to the Property, which has a reasonable relation to the
rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, for itself, its successors, personal
representatives, assigns, grantees, and other successors in title or interest, voluntarily
and without any requirement by or exaction from the Grantee or its governing body and
without any element of compulsion or quid pro QUO for zoning, rezoning, site plan, building
permit, or subdivision approval, hereby make the following declaration of conditions and
restrictions which shall restrict and govern the physical development, operation, and use
of the Property and hereby covenant and agree that this declaration shall constitute
covenants running with the Property, which shall be binding upon the Property and upon
all parties and persons claiming under or through the Grantor, its successors, personal
representatives, assigns, grantee, and other successors in interest or title and which will
not be required of the Grantor until the Property is developed:
1. When development takes place upon that portion of the Property which is to
be developed, it shall be as a single family residential community of no more than one
hundred eight (108) building lots substantially in conformance with the Exhibit entitled
PREPARED BY:
lBSms. ROURDON. "REZONING EXHIBIT OF MANCHESTER STATION" (Sheets 1 and 2), dated April 7,
[I AHERN & LEVY. P.C
2004, prepared by Hassell & Folkes, P.C., which has been exhibited to the Virginia Beach
2
PREPARED BY:
City Council and is on file with the Virginia Beach Department of Planning ("Concept
Plan"). Each building lot shall be developed with double (i.e. two times) the "Total Canopy
Cover Required" as specified in the City of Virginia Beach's "Residential Tree
Requirement Table" published by the Virginia Beach Department of Planning as of the
date hereof.
2. When the property is developed, the numerous parks, preserved forested
area and open spaces containing approximately 57.9 acres oflandscaped parklands, lakes,
passive recreation areas, community activity areas featuring an extensive pedestrian
pathway system, park benches, and picnic areas lying outside the residential lots and
roadways depicted on the Concept Plan shall be dedicated to and maintained by the
Property Owners Association.
3. When the property is developed, the pedestrian pathway system and open
space improvements shall be constructed and the installed landscaping shall be
substantially as depicted on the Concept Plan (pg. 2). Public access and use of the
pedestrian pathway system shall be permitted.
4. When the Property is subdivided it shall be subject to a recorded
Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions")
administered by a Property Owners Association which shall be responsible for
maintaining all common areas, including the community owned open space with
pedestrian pathway system, the entrance feature and community activity areas.
5. All residential dwellings constructed on Lots numbered 1 - 3, 65 - 72, and
75 shall be substantially compatible with the architectural style and materials depicted on
the elevations designated "NED-TRADITIONAL STREETS CAPE" on page 2 of the
Concept Plan. Anyone story dwelling shall contain no less than 2200 square feet of
enclosed living area excluding garage area and any two-story dwelling shall contain no
less than 2400 square feet of enclosed living area excluding garage area. The Deed
Restrictions shall require each dwelling to have, at a minimum, a two (2) car garage, and
require that the street address be posted on the garage wall nearest the alley as well as at
the front of the dwelling.
6. All residential dwellings constructed on lots not referenced in Proffer #5
above, shall have visible exterior surfaces, excluding roof, trim, windows, and doors, which
IB sms. ROURDON.
D AHrnN & lIVY. P.C
3
are no less than :fifty percent (50%) brick stone, stucco or similar quality materials. Any
one story dwelling shall contain no less than 2400 square feet of enclosed living area
excluding garage area and any two-story dwelling shall contain no less than 2600 square
feet of enclosed living area excluding garage area. The Deed Restrictions shall require
each dwelling to have, at a minimum, a two (2) car garage.
7. Further conditions may be required by the Grantee during detailed Site
Plan and/or Subdivision review and administration of applicable City codes by all
cognizant City agencies and departments to meet all applicable City code requirements.
Any references hereinabove to the R-10 Zoning District and the PDH2 District and to the
requirements and regulations applicable thereto refer to the Zoning Ordinance and
Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of
approval of this Agreement by City Council, which are by this reference incorporated
herein.
PREPARED BY:
The above conditions, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall
continue in full force and effect until a subsequent amendment changes the zoning of the
Property and specifically repeals such conditions. Such conditions shall continue despite a
subsequent amendment to the Zoning Ordinance even if the subsequent amendment is
part of a comprehensive implementation of a new or substantially revised Zoning
Ordinance until specifically repealed. The conditions, however, may be repealed,
amended, or varied by written instrument recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, and executed by the record owner of the
Property at the time of recordation of such instrument, provided that said instrument is
consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or
a resolution adopted by the governing body of the Grantee, after a public hearing before
the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the
Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along
with said instrument as conclusive evidence of such consent, and if not so recorded, said
instrument shall be void.
The Grantor covenants and agrees that:
m SW[S. ROURDON.
IIAlIrnN & lIVY. P.c.
4
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied; and (b) to bring legal action or suit to insure compliance with
such conditions, including mandatory or prohibitory injunction, abatement, damages, or
other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantor shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances and the
conditions may be made readily available and accessible for public inspection in the office
of the Zoning Administrator and in the Planning Department, and they shall be recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and
indexed in the names of the Grantor and the Grantee.
PREPARED BY,
m STIIS. ROURDON.
II AHrnN & 1M. P.L
5
PREPARED BY:
[g sms. ROURDON.
II Am:RN & lIVY. P.c.
WITNESS the following signature and seal:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
GRANTOR:
WEST NECK, L.L.C.,
a Virginia limited liability company
By: "0" ENTERPRISES, INC.,
a Virginia corporation, Member
By: ~ ~ 6-- (SEAL)
e . ey . Benson, Vice President
The foregoing instrument was acknowledged before me this 29th day of April 2004,
by Jeffrey F. Benson, Vice President of "0" Enterprises, Inc., a Virginia corporation, sole
Member of West Neck, L.L.C., a Virginia limited liability company, Grantor.
/l;c_i' ~!L.me?,~
Notary Public
My Commission Expires: August 31,2006
6
WITNESS the following signature and seal:
GRANTOR:
PRINCESSBORO DEVELOPMENT COMPANY, INC.,
a Virginia corporation
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 29th day of April 2004,
byCMichael Fisher, President of Princessboro Development Company, Inc., a Virginia
corporation.
_A~~/)! Yn{iC~
Notary Public
My Commission Expires: August 31,2006
PREPARED BY:
II Sms. ROURDON.
A1IrnN &: li:VY. P.C
7
EXHIBIT "A"
PARCEL ONE:
ALL THAT certain tract, piece or parcel of land with the improvements thereon and the
appurtenances thereunto belonging, situate, lying and being in Seaboard Magisterial
District, Princess Anne County, now the City of Virginia Beach, Virginia, and more
particularly described as follows, to-wit:
BEGINNING at a point on the Southern edge of the North Landing Road (Route 165)
where the property herewith conveyed joins the property of Marvin Flora and from said
point of beginning running thence along the Southern edge of the North Landing Road
North 73 degrees 47 minutes East 518.3 feet to a point; thence continuing along the
Southern edge of the North Landing Road North 75 degrees 40 minutes East 190.2 feet to
a point; thence continuing along the Southern edge of the North Landing Road North 75
degrees 40 minutes East 26.2 feet to a point; thence turning and running along the
Western side of a parcel designated on the plat hereinafter referred to as "I" South 26
degrees 30 minutes East 212.2 feet to a point; thence continuing along said course 15.4
feet to a point; thence turning and running North 75 degrees 40 minutes East 345.6 feet
to a pin; thence turning and running along the Western side of the property designated
on the hereinafter referred to plat as D.J. Vaughan South 23 degrees 20 minutes East
270.71 feet to a pin on the edge of a canal ditch; thence continuing along the same course
to the centerline of said ditch; thence turning and running along the centerline of the said
canal ditch South 68 degrees 40 minutes West 548.51 feet to a point; thence continuing
along the centerline of said canal ditch South 67 degrees 16 minutes West 672 feet to a pin
in the centerline of another ditch; thence turning and running along the centerline of said
ditch North 28 degrees 669 feet to a pin in the Southern edge of the North Landing Road,
the point of beginning.
LESS, SAVE AND EXCEPT that certain (20) twenty foot right of way shown on the plat
hereinafter referred to and designated (20) twenty foot right of way, the same measuring
(20) feet in width and lying along the Western side of the property herewith conveyed
w here the same joins the line of the property of Marvin Flora as shown upon said plat.
LESS, SAVE AND EXCEPT that conveyance in Deed Book 478, Page 463.
LESS, SAVE AND EXCEPT that conveyance in Deed Book 769, Page 442.
LESS, SAVE AND EXCEPT that conveyance in Deed Book 692, Page 539.
LESS, SAVE AND EXCEPT that conveyance in Deed Book 786, Page 230.
PREPARED BY:
LESS, SAVE AND EXCEPT that conveyance in Deed Book 872, Page 720.
IB sms. ROURDON.
IIAHrnN & lM.P.C LESS, SAVE AND EXCEPT that conveyance in Deed Book 1123, Page 159.
8
LESS, SAVE AND EXCEPT that conveyance in Deed Book 1158, Page 579.
LESS, SAVE AND EXCEPT that conveyance in Deed Book 1266, Page 379.
LESS, SAVE AND EXCEPT that conveyance in Deed Book 1432, Page 672.
G PIN: 1494-60-0093
PARCEL TWO:
ALL THAT certain tract or parcel of land, situate, lying and being in the City of Virginia
Beach, Virginia, more particularly described as follows:
BEGINNING at a point on the western side of West Neck Road, said point being distant
404.2 feet from a pin at the intersection of the western side of West Neck Road and the
southern side of North Landing Road on a course S 34 degrees 54' 30" E and running
thence S 34 degrees 54' 30" a distance of 113.2 feet to a pin; thence S 54 degrees 22' 30" W
a distance of 140.2 feet to a pin; thence S 32 degrees 16' 30" E a distance of 117.7 feet to a
pin; thence N 46 degrees 20' E a distance of 147.4 feet to a pin; thence S 35 degrees 57'
50" E a distance of 472.79 feet to a point; thence S 32 degrees 13' 20" E a distance of
291.69 feet to a pin; thence on a curve to the right with a radius of 1600 feet, a distance of
367.37 feet to a pin; thence S 19 degrees 04' a distance of 104.57 feet to a pin; thence on a
curve to the left with a radius of 1200 feet, a distance of 193.35 feet; thence S 31 degrees
39' W a distance of 954.06 feet to a marked Hickory; thence S 31 degrees 59' 50" W a
distance of 622.58 feet to a marked Beech; thence S 15 degrees 36' W a distance of 588.38
feet to a Maple stump; thence S 40 degrees 20' 30" W a distance of 134.89 feet to an axle
in a Maple snag; thence N 67 degrees 47' W a distance of 94.04 feet to a pin; thence N 74
degrees 08' 30" W a distance of 122.08 feet to a marked Maple; thence N 71 degrees 18'
40" W a distance of 580.09 feet; thence N 48 degrees 28' 50" a distance of 773.56 feet to a
pipe; thence N 35 degrees 27' 40" W a distance of 2139.96 feet to a point; thence N 61
degrees 28' 20" E a distance of 1899.15 feet to a pin; the point of beginning.
GPIN: 1493-79-2102
CONDITIONALREZONElWESTNECKLLCIPROFFER
PREPARED BY;
m SYKES. ROURDON.
II AHERN & llVY. P.C
9
- 55 -
Item V-L.a.
PLANNING
ITEM # 52939
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance
upon application RONALD MODLINGER, M.D, for a Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF RONALD MODLINGER,
MD. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-5D TO CONDITIONAL 0-1 Z08041197
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Ronald Modlinger, M.D. for a Change
of ZoninfJ District Classification from R-5D Residential Duplex
District to Conditional 0-1 Office District and Conditional R-5D
Residential Duplex District on property located on the northwest side
of Dam Neck Road, 1,150 feet south of Holland Road (GPIN
14950389940000; 14951400150000). The Comprehensive Plan
designates this area as Strategic Growth Area 11 (WestHollandArea),
suitable for non-residential uses consistent with the Comprehensive
Plan's policies for this area, DISTRICT 3 - ROSE HALL
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 of Virginia Beach, Virginia, on the 24th of August, Two Thousand Four
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Peter W Schmidt and James L. Wood
August 24, 2004
/
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-5936
DATE: August 11,2004
Leslie L. Lilley
William M. Macali ~
RE: Conditional Zoning Application
Ronald Modlinger, M.D.
TO:
DEPT: City Attorney
FROM:
DEPT: City Attorney
The above-referenced conditional zoning application is scheduled to be heard by the City
Council on August 24, 2004. I have reviewed the subject proffer agreement, dated June 22, 2004,
and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is
attached.
Please feel free to call me if you have any questions or wish to discuss this matter further.
WMM/nlb
Enclosure
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RONALD MOD LINGER
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation ofthe Commonwealth of Virginia
THIS AGREEMENT, made this1J.iay of June, 2004, by and between Ronald Modlinger,
Grantor, party of the first part, and THE CITY OF VIRGINIA BEACH, a municipal corporation
of the Commonwealth of Virginia, Grantee, party of the second part.
WITNESSETH:
WHEREAS, the party of the first part is the owner of certain parcel of property located in
District 3, Rose Hall, VIRGINIA, containing approximately 1.95 acres, more or less, which is
more particularly described in Exhibit "A" attached hereto and incorporated herein by this
reference. Said parcel is herein referred to as the "Property", and
WHEREAS, the party of the first part, being the owner of the Property has initiated a
conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition
addressed to the Grantee so as to change the Zoning Classification of the Property from R-5D
Residential District to Conditional 0-1 Office District and Conditional R-5D Residential District,
and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible
development of various types of uses conflict and that in order to permit differing types of uses
on and in the area of Property and at the same time to recognize the effects of change that will be
created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of
the Property for the protection of the
G-PIN 1495-03-8994-0000
G-PIN 1495-14-0015-0000
I community that are not generally applicable to land similarly zoned are needed to resolve the
situation to which the Grantor's rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to
the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map
with respect to the Property, the following reasonable conditions related to the physical
development, operation, and use or the Property to be adopted as a part of said amendment to the
Zoning Map relative and applicable to the Property, which has a reasonable relation to the
rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns,
grantees, and other successors in title or interest, voluntarily and without any requirement by of
exaction from the Grantee or its governing body and without any element of compulsion or quid
pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes
the following declaration of conditions and restrictions which shall restrict and govern the
physical development, operation, and use of the Property and hereby covenants and agrees that
this declaration shall constitute covenants running with the Property, which shall be binding
upon the Property and upon all parties and persons claiming under or through the Grantor, its
successors, personal, representatives, assigns, grantees, and other successors in interest or title:
1. When the Property is developed, is shall be developed substantially as shown on
the exhibit entitled "Conceptual Site Layout of Ronald Modlinger, prepared by Burkhart Thomas
I Reed Architecture Interior Designs, PC, dated 5/28/04.
2. When the Property is developed, the landscaping design shall be developed
I
!I
II substantially as shown on the exhibit entitled "Conceptual Landscape Design of Ronald
!I
I'
I
I,
i!
Modlinger, prepared by Kathleen Zeren Landscape Design.
II
3. The architectural design of the office building on the Site Plan will be developed
as depicted on the exhibit entitled Conceptual Building Design, dated 5/28/04, which has been
exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department
of Planning.
4. All outdoor lighting shall be shielded, deflected, shaded and focused to direct
light down onto premises and away from adjoining property.
5. At such time that the parcel to be zoned Conditional R-5D (GPIN 1495-14-0015-
0000) develops, access to such site as well as the parcel to be zoned Conditional 0-1 (GPIN
1495-03-8994-0000) shall be from the existing curb cut associated with the Conditional R-5D
parcel. Futhennore, the existing curb cut to the parcel zoned Conditional 0-1 shall at that time
be removed and a no ingress egress easement shall be platted along the Dam Neck Road
frontage.
6. Further conditions may be required by the Grantee during detailed Site Plan
review and administration of applicable City codes by all cognizant City agencies and
departments to meet all applicable City code requirements.
All references hereinabove to 0-1 Office and R-5D Residential and to the requirements
and regulations applicable thereto refer to Comprehensive Zoning Ordinance and Subdivision
Ordinance of the City of Virginia Beach, Virginia, in force as ofthe date of approval of this
Agreement by the City Council, which are by this reference incorporated herein.
The above conditions, having been proffered by the Grantor and allowed and accepted by
the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and
effect until a subsequent amendment changes the zoning of the Property and specifically repeals
such conditions. Such conditions shall continue in full force and effect until a subsequent
II
I,
"
II
II
amendment changes the zoning of the Property and specifically repeals such conditions. Such
conditions shall continue despite a subsequent amendment to the zoning Ordinance even if the
subsequent amendment is part of a comprehensive implementation of a new or substantially
revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed,
amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of
Virginia Beach, Virginia, and executed by the record owner of the Property at the time of
recordation of such instrument, provided that said instrument is consented to by the Grantee in
writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing
body of the Grantee, after a public hearing before the grantee which was advertised pursuant to
the provision of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or
resolution shall be recorded along with said instrument as conclusive evidence of such consent,
and if not so recorded, said instrument shall be void.
The Grantor covenant and agree that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested
with all necessary authority, on behalf of the governing body of the City of Virginia Beach,
Virginia to administer and enforce the foregoing conditions and restrictions, including the
authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and
(b) to bring legal action or suit to insure compliance with such conditions, including mandatory
or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to deny
the issuance of any of the required building or occupancy permits as may be appropriate;
1
I!
(--
"
(
"-....
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these
provisions, The Grantor shall petition the governing body for the review thereof prior to
instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the existence of
conditions attaching to the zoning of the Property, and the ordinances and the conditions may be
made readily available and accessible for public inspection in the office of the Zoning
Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia, indexed in the names of the grantor
and the Grantee.
WITNESS the following signatures and seals:
GRANTOR:
Ronald Modlinger
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
Ronald Modlinger.
The foregoing instrument was acknowledged before me this ~.;J1J4day of June, 2004, by
~ i %f}t/
Notary ubhc
My Commission expires: lfj 51/0 lJ
Exhibit "A"
PARCEL TWO:
ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City
of Virginia Beach, Virginia and being designated "Lillie G. Miller to Theodore
Morings, .95 ac," as shown upon that certain plat entitled, "Landtown-Princess
Anne Co., V A." dated June 13, 1962, and made by W.B, Gallup, County
Surveyor, which said plat is duly recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, in Deed Book 56, page 41.
PARCEL ONE:
ALL THAT certain lot, piece or parcel ofland, with its appurtenances, situate in the City
of Virginia Beach, Virginia, and described as "Theodore Morings" as shown on that
certain plat entitled "Property of Theodore Morings at Landtown-in-Princess AnneCo.,
VA", dated March 10, 1956, made by W.B. Gallup, County Surveyor, and duly recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed
Book 446, page 318, containing two (2) acres, more or less, and fronting two hundred
(200) feet on the western side of Landtown Road.
- 56-
Item V-L.9.
PLANNING
ITEM # 52940
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance to AMEND S S 215 and 216 of the City Zoning Ordinance,
re the repair of certain billboards.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Peter W. Schmidt and James 1. Wood
August 24, 2004
1
2
3
4
5
6
7
8
9
AN ORDINANCE TO AMEND SECTIONS 215
AND 216 OF THE CITY ZONING
ORDINANCE, PERTAINING TO THE
REPAIR OF CERTAIN BILLBOARDS
Sections Amended: City Zoning Ordinance
55 215 and 216
10
WHEREAS, the public necessity, convenience, general welfare
11 and good zoning practice so require;
12
13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA:
15
That Section 216 of the City Zoning Ordinance is hereby
16 amended and reordained, to read as follows:
17 Sec. 215. Nonconfor.ming signs.
18
(a) Notwithstanding the provisions of section 105(f) of
19 this ordinance, no nonconforming sign shall be structurally
20 altered, enlarged, moved or replaced, whether voluntarily or by
21 reason of involuntary damage to or destruction of such sign,
22 unless such sign is brought into compliance with the provisions
23
of this ordinance.
Except as provided in Section 216, no Ne
24 nonconforming sign shall be repaired at a cost in excess of
25 fifty (50) percent of its original cost unless such sign is
26
caused to comply with the provisions of this ordinance.
Any
27 nonconforming sign which is not maintained continuously in good
28 repair, and any nonconforming sign which is abandoned shall be
1
29
removed.
For purposes of this section, a sign shall be deemed
30 to be abandoned if the business for which the sign was erected
31 has not been in operation for a period of at least two (2)
32
years.
Following the expiration of at least two years, any
33 abandoned nonconforming sign shall be removed by the owner of
34 the property on which the sign is located, after notification by
35
the zoning administrator.
If, following such two-year period,
36 the zoning administrator has made a reasonable attempt to notify
37 the property owner, the city through its own agents or employees
38 may enter the property upon which the sign is located and
39 removed any such sign wherever the owner has refused to do so.
40 The cost of such removal shall be chargeable to the owner of the
41
property.
Nothing herein shall prevent the city from applying
42 to a court of competent jurisdiction for an order requiring the
43 removal of such abandoned nonconforming sign by the owner by
44 means of injunction or other appropriated remedy.
45
46 Sec. 216. Outdoor advertising structures, billboards,
47 signboards and poster panels.
48
49 (a) No new billboards shall be erected wi thin the city
50
limits, effective immediately.
All existing billboards shall be
51
governed by the provisions of section 215 of this ordinance.
No
52 billboard heretofore erected shall be located, in whole or in
53 part, upon improved property.
2
54
55
56
(b) No billboard shall
(500) feet of an interchange,
be located within five hundred
or intersection at grade, on any
highway,
interstate or city
council designated expressway
57 (measured along the highway, interstate or expressway to the
58 nearest point of the beginning or ending of pavement widening at
59 the exit from or entrance to the main tr.J.7cl'.J.J.Y traveled way).
60 On all other streets, no billboard shall be located wi thin two
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
hundred (200)
feet of any right-of-way of any underpass,
overpass, bridge or tunnel or a plaza serving such facility.
(c) No billboard shall be closer than fifty (50) feet to
any property line nor located closer than six hundred sixty
(660) feet to the right-of-way line of any interstate or
expressway designated by city council, nor closer than twenty-
five (25)
feet to the right-of-way of any other street.
billboard shall be located within two hundred (200)
However, no
feet
of any established residential or apartment
zoning
district. No billboard shall be located upon any lot having a
frontage of less than two hundred (200) feet and an area of less
than ten thousand (10,000) square feet.
repair
of
lawfully
nonconforming
billboards
(d) The
visible from the main traveled way of any interstate highway,
federal-aid primary highway as that system existed on June 1,
1991, or national highway system highway shall be governed by
3
77 the provisions of Virginia Code Section 33.1-370.2. No building
78 permit authorizing the repair of any such billboard shall be
79 issued unless owner of the billboard provides to the Building
80 Codes Administrator a letter from the Commonwealth
81 Transportation Commissioner approving the proposed repairs. In
82 the event the Building Codes Administrator determines that the
83 cost of the proposed repairs exceeds fifty per cent (50%) of the
84 replacement cost of the billboard, he shall , within thirty (30)
85 days of the filing of the building permit application, submit an
86 objection to the determination of the Commissioner, together
wi th documentation supporting such obj ection.
A copy of such
87
88
89
90
obj ection and documentation shall be provided to the billboard
owner.
The
determination
of
the
Commissioner
upon
reconsideration shall be binding.
91 Adopted by the Council of the City of Virginia Beach,
92 Virginia, on the 24th day of August, 2004.
4
Item V-M.l.
APPOINTMENTS
- 57-
ITEM # 52941
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
AGRICULTURAL ADVISORY COMMISSION
OLD BEACH MASTER PLAN ADVISORY COMMITTEE
PARKS and RECREATION COMMISSION
SOCIAL SERVICES BOARD
August 24, 2004
- 58-
Item V-M.2.
APPOINTMENTS
ITEM # 52942
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Glenn C. Snyders, M.D.
3-year term
09/01/04 - 03/31/07
HEALTH SERVICES ADVISORY BOARD
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Jim Reeve and Peter W Schmidt
August 24, 2004
- 59-
Item V-M.3.
APPOINTMENTS
ITEM # 52943
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Catherine H. Giordano
5-year term
10/01/04 - 09/30/09
WETLANDS BOARD
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Ron A.
Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Jim Reeve and Peter W Schmidt
August 24, 2004
- 60-
Item V-O
NEW BUSINESS
ITEM # 52944
Council Members Villanueva and Wilson sponsored the NAACP Delegation re disparity of City
employment an appointments.
Councilman Villanueva advised Title VII of the Civil Rights Act prohibits an employer from discriminating
against an individual on the basis of race, color, religion, sex or national origin. Title VII also prohibits an
employer from discriminating against the individual because he or she has opposed any practice made
unlawful by Title VII. The Department of Justice has made an inquiry based on information the City may be
engaged in a pattern for practice of discrimination against Blacks on the basis of their race with respect to
employment opportunities in its Fire and Police Departments. The City Attorney and City Manager received
correspondence on June 7, 2004. The City Attorney responded and has not heard from the Department of
Justice with regards to what the inquiry might entail.
The following registered to speak:
Georgia F. Allen, 4649 Merrimac Lane, Phone: 473-2397, President NAACP
Carl Wright, 1144 Mondrian Loop, Community Coordinator - NAACP, Chairman - Virginia Beach African
American Political Action Council.
Tommy Johnson, 1605 Ashton Drive, Phone: 479-0385, 27-year military veteran
Ralph M. Parham, IL 5509 Carolanne Terrace, Phone: 339-3604
The City Attorney advised receiving correspondence from the Department of Justice, dated June 7, 2004,
stating the Department had identified something which may be a pattern of discrimination the Department
intended to investigate and would contact the City Attorney concerning this item. The City Attorney advised
the Mayor and City Manager. The City Attorney wrote a letter dated June 15, 2004, to the Department of
Justice, acknowledging receipt of their June 7, 2004, correspondence, advised the authorization of the Mayor
and City Manager pledging the City 'sfull cooperation. None of the details were revealed. The City Attorney
has spoken with the Department of Justice twice since this date and on each occasion, the response was
cordial and a meeting with the City was indicated to explain the nature of the inquiry, but the Department
of Justice has not responded.
Mayor Oberndorf expressed appreciation for the representatives attending. Mayor Oberndorf can assure
the representatives this City, Council and Staff will cooperate with the Department of Justice. No one wishes
to be a part of a family where they feel everyone is not valued equally. This is a 41-year old City and all are
anxious to live together in harmony, equality and success.
August 24, 2004
- 61 -
ITEM # 52945
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:
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, the
disposition of publicly-held property, plans for the future of an
institution which could affect the value of property owned or desirable
for ownership by such institution pursuant to Section 2.2-3711 (A)(3).
Acquisition/Disposition of Property:
Beach District
PUBLIC CONTRACT: Discussion or consideration by a responsible
public entity or an affected local jurisdiction, as those terms are
defined in Section 56-557, of confidential proprietary records excluded
from this chapterpursuant to Section 2.2-3 705(A)(56) AND Discussion
of the award of a public contract involving the expenditure of public
funds; and, discussion of the terms or scope of such contract, where
discussion in an open session would adversely affect the bargaining
position or negotiating strategy of the public body.
flh and 1 (Jh Street Properties
Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council voted to proceed into
CLOSED SESSION (7:29 P.M.).
Voting: 10-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Peter W. Schmidt
(Closed Session: 7:29 P.M. - 8:50 P.M.)
August 24, 2004
- 62-
ITEM # 52946
Mayor Meyera E. Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Conference Room, City Hall, on Tuesday, August 24,2004, at 8:50 P.M
Council Members Present:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Absent:
Peter W. Schmidt
August 24, 2004
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CERTIFICATION OF
CLOSED SESSION
ITEM # 52909
Upon motion by Councilman Reeve, seconded by Council Lady Wilson, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Peter W. Schmidt
August 24, 2004
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM # 52945, page 61, and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.2-3 711 (A) ofthe Code of Virginia requires a certification by the governing
body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
~~
City Clerk
August 24, 2004
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Item V-Po
ADJOURNMENT
ITEM # 52910
Mayor Meyera E. OberndorfDECLARED the City Council Meeting ADJOURNED at 8:52 P.M.
~_f2_::C!_~0_________
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
~~--
Ruth Hodges Smith, MMC
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
August 24, 2004
- 64-
Item V-P.
ADJOURNMENT ITEM#52910
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:52 P.M.
(27p. Y149/.,)
BeverlyHooks, CMC
Chief Deputy City Clerk
uth Hodges Smith,, Meyera a . Oberndorf
J!�/
City Clerk Mayor
City of Virginia Beach
Virginia
August 24, 2004