HomeMy WebLinkAboutDECEMBER 7 2004 MINUTES
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYORMEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
HARRY E. DIEZEL Kempsville - District 2
ROBERT M. DYER, Centerville - District I
REBA S. McCLANAN, Rose HolI - District 3
RICHARD A. MADDOX, Beach - District 6
JIM REEVE, Princess Anne - District 7
PETER W SCHMIDT, At-Large
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
CiTY CLERK - RUTH HODGES SMITH, MMC
7 DECEMBER 2004
Honor our Troops
Remember Pearl Harbor
I.
CITY MANAGER'S BRIEFINGS
Conference Room
A. Water and Sewer Aging Infrastructure and Rate Study
Thomas Leahy, Interim Director - Public Utilities
B. Redeveloprnent Strategy
Robert J. Scott, Director - Planning
II. CITY COUNCIL LIASION REPORTS
Ill. CITY COUNCIL COMMENTS
IV. REVIEW OF AGENDA ITEMS
V.
INFORMAL SESSION
- Conference Room -
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION: Major David Heller, Chaplin
First Landing Chapel- Fort Story
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 427-4303
FAX (757) 426-5669
E-MAIL: Ctycncl@vbgov.com
1:30 PM
4:00PM
6:00 PM
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1.
INFORMAL AND FORMAL SESSIONS
November 23, 2004
G. PUBLIC HEARINGS
1. EXCESS CITY-OWNED PROPERTY
10th Street and Atlantic Avenue
2. VIRGINIA BEACH SOUTH PARKING LLC
re Lease of 9th Street Parking Garage
3. AGRICULTURAL RESERVE PROGRAM (ARP)
Barry D. and Paula Knight Head of River Road
Craig and Bonnie Talley Head of River Road
Dianna G. Conte and Patricia C. Ange Baum Road
Craig C, and Susan L. Creamer Head of River Road
4, AMENDMENT TO THE FY 2004-05 CAPITAL BUDGET
Supplemental Appropriation of $10,328,581 in School Reversion Funds to School Capital Projects
5. AMENDMENT TO THE FY 2004-05 CAPITAL BUDGET
Supplemental Appropriation of $6,363,500 in Federal Grant Funding and Local Match Capital Projects
H. PUBLIC COMMENT
1. Marriott Hotel Term Sheet
I. AGENDA FOR FORMAL SESSION
J. CONSENT AGENDA
K. ORDINANCES/RESOLUTIONS
1. AMEND City Code:
a. ~~2-75, 2-316, 2-317 and 2-318 to ESTABLISH a Department of Human Services
(I) Add~~2-319,2-320,and2-321
(2) Delete ~~ 29-1, 29-2, 29-3, 29-4, 29-16, 29-17, 29-18, 29-19, 29-20, 29-21, 29-22 and 29-23
b. ~ 103, 104, 106, 107, 108 109 and 110 re Chesapeake Bay Preservation Area Board revisions to remain
in compliance with state regulations
c. ~ 31-1, 31-2.2, 31-26 31-28 and 31-33 re penalties for certain violations of collection of tree limbs and
debris from tree removal activity and ADD ~ 31-3.1
2. Ordinances to AUTHORIZE acquisition of Agricultural Land Preservation (ARP) and the easements
thereon:
a. BARRY D and PAULA W. KNIGHT re the issuance by the City of its contract obligations in the
maximum principal of $236,589 at the Head of River Road
(DISTRICT 7 - PRINCESS ANNE)
b. CRAIG and BONNIE TALLEY re the issuance by the City of its contract obligations in the maximum
principal of$146,766 at Head of River Road
(DISTRICT 7 - PRINCESS ANNE)
c. DIANNA G CONTE and PATRICIA C. ANGE re the issuance by the City of its contract obligations in
the maximum principal of $180,684 at Baum Road
(DISTRICT 7 - PRINCESS ANNE)
d. CRAIG C. and SUSAN L. CREAMER re the issuance by the City of its contract obligations in the
maximum principal of $70,499 at Crags Causeway
(DISTRICT 7 - PRINCESS ANNE)
3. Ordinances to AUTHORIZE acquisition of property at Birdneck Road re the Resort Area maintenance facility
to ESTABLISH the Beach Maintenance facility and APPROPRIATE $1,609,262 from the fund balance for
this project
4. Ordinance re Cops Interoperable Communications Technology Grant:
a. ESTABLISH and DEVELOP a regional Interoperable Communications Network
b. ACCEPT and APPROPRIATE $6,000,000 from the U.S. Department of Justice
c. APPROPRIATE $363,500 from the fund balance of the E-911 Communications fund
d. TRANSFER $1,800,000 to the Communication Infrastructure Replacement
5. Ordinance re School REVERSION FUNDS:
a. APPRORIATE $18,276,602 within the Virginia Beach School FY 2004-05 Operating and FY 2004-05
Capital Budgets re:
(i) $1,500,000 to the Instructional Category for SOL Incentive funds for Schools
(ii) $5,000,000 to the School Instructional Technology fund re cyclical replacement of instructional
technology
(iii) $1,800,000 to Telecommunication Infrastructure Replacement
(iv) $3,155,888 re interior cameras for elementary schools, updated fire suppression units, digital
recorders to replace VCR's, sets of calculators, scanners for all schools, and musical
instrument repairs and replacement
(v) $1,448,021 to the School Reserve Special Revenue Fund
(vi) $5,372,693 to RE-ESTABLISH the Alternative Education Facility Phase II
b. ACCEPT and APPROPRIATE $6,266,052 in additional grant funding to the Schools in the FY 2004-05
Operating Budget
(i) $3,868,455 from the federal government
(ii) $2,369,585 from the state
(iii) $ 28,012 from other sources
(iv) $ 466,967 from the U.S. Department of Education Office for Safe and Drug Free Schools
6, Resolution CONCURRING with issuance by the Industrial Development Authority of the Town of Mount
Jackson, Virginia, of Bank qualified revenue bonds in an amount not to exceed $2,000,000 re Beth Sholom
Home of Eastern Virginia for their renovation, expansion and equipping a nursing home
7. Resolution re Town Center Phase III:
a. AUTHORIZE the non-binding Term Sheet, dated December 7,2004 between the City, the Development
Authority and Town Center Associates, LLC
b. REQUEST the Authority adopt a Resolution consistent with this Resolution approving the Term Sheet,
authorizing its execution and AUTHORIZING the City Manager and the City Attorney, on behalf of the
Authority, to proceed with the development of supplemental documents necessary to implement the changes
to Phase II and Phase III as outlined in the Term Sheet
c. AUTHORIZE the City Manager and City Attorney to proceed with the development of supplemental
documents for the MODIFICATIONS to the Project as outlined in the Term Sheet
d. DIRECT the City Manager to return the final supplemental documents for approval by the City Council
AND the Authority and for authorization to execute the Phase III Support Agreement so that the Authority
can then proceed with the next phase of the Project
8. Resolution AUTHORIZING the City Manager to:
a. EXECUTE a Mutual Aid Agreement re Emergency Fire Protection Services with the City of
Chesapeake
b. EXECUTE the Grant Application with the u.S. Department of Justice re equipment needed for
response to the use of weapons of mass destruction
L. PLANNING
1. Ordinance to Amend and REORDAIN the City Zoning Ordinance (CZO) ~ 111,204, 1502, 1503, 1506 and
1507 re to the definition of the term "Lodging Unit," loading space requirements for certain lots, and
dimensional requirements, sign regulations, density regulations and desired design features and incentives in the
RT-l Resort Tourist District.
RECOMMENDATION:
APPROVAL
2. Applications of CITY OF VIRGINIA BEACH re the 9th and 10th Street Marriott Project:
a. AUTHORIZE the non-binding Term Sheet, dated November 23, 2004, between the City, the
Development Authority and Tidewater Hotels and Resorts,
(i) REQUEST the Authority adopt a Resolution consistent with this Resolution approving the
Term Sheet, authorizing its execution
(ii) AUTHORIZE the City Manager to EXECUTE the Term Sheet on behalf of the City
(iii) AUTHORIZE assignment of the City's lease hold interest in parking spaces at the 9th Street
Parking Garage (now under lease) to the Development Authority: REQUEST the Authority
adopt a resolution accepting this assignment: and, AUTHORIZE the City Manager and the
City Attorney, on behalf of the City, to proceed with the development of the necessary
documents and appropriate evidence for this assignment
(iv) ESTABLISH a Capital Project for the 9th and 10th Street improvement and AUTHORIZE
and TRANFSER $1,324,882 from Economic Development Infrastructure Projects to create
these improvements, relocate the utility lines and construct new connector parks and public
accessways
(v) AUTHORIZE the City Manager to execute documents necessary and appropriate to
implement the requirements of the project substantially as outlined in the Term Sheet
b. discontinuance, closure, and convevimce of a portion of 10th Street at Atlantic A venue.
(DISTRICT 6 - BEACH)
c. AUTHORIZE a temporary encroachment to construct and maintain a paver pool deck, walkways, to
the bike path, decorative loggia with columns, fence on concrete base, landscaping, and a balcony upon
the City's property for OCTO, INC. at 921 Atlantic Avenue.
(DISTRICT 6 - BEACH)
RECOMMENDA nON:
APPROVAL
3. Application of BEACH CLUB II UNIT OWNERS' ASSOCIATION, INC.. for a Change of Zoning
District Classification from A-18 Apartment District to Conditional A-24 Apartment District at 1100 Indian
Road
(DISTRICT 6 - BEACH)
RECOMMENDATION:
APPROVAL
4, Application of STEPHEN LETOURNEAU for a Conditional Use Permit to operate a small automobile paint
garage at 156A Chestnut Avenue.
(DISTRICT 3 - ROSE HALL)
RECOMMENDATION:
APPROVAL
5. Application of THE TERRY COMPANIES FIVE, L.L.C. for a Conditional Use Permit for multi-family
dwellings on the north side of Shore Drive at its intersection with Cherry Tree Place and to the Chesapeake Bay
(DISTRICT 5 - L YNNHA VEN)
RECOMMENDATION:
APPROVAL
6. Application ofFRANCISCUS COMPANY, INC. for a Chanf!e ofZoninf! District Classification fromR-IO
Residential District to Conditional A-12 Apartment District at Wesleyan Drive, and Diamond Springs Road
(DISTRICT 4 - BA YSIDE)
RECOMMENDATION:
APPROVAL
7. Application ofSAL TMEADOW BAY, L.L.C. for a MODIFICATION to the Land Use Plan (approved by
City Council on March 11, 2003), to permit certain encroachments at Oakland Avenue, Oceanfront
(DISTRICT 6 - BEACH)
RECOMMENDATION:
APPROVAL
M, APPOINTMENTS
BIKEWAYS and TRAILS ADVISORY COMMITTEE
BOARD OF BUILDING CODE APPEALS
BOARD OF ZONING APPEALS (BZA)
CHESAPEAKE BAY PRESERVATION AREA BOARD (CPAB)
COMMUNITY POLICY and MANAGEMENT TEAM - CSA At Risk
COMMUNITY SERVICES BOARD (CSB)
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HEALTH SERVICES ADVISORY BOARD
HISTORICAL REVIEW BOARD
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE
MINORITY BUSINESS COUNCIL
PARKS and RECREATION COMMISSION
PENDLETON PROJECT MANAGEMENT BOARD
RESORT ADVISORY COMMISSION
REVIEW and ALLOCIATION COMMITTEE [COG]
SOUTHEASTERN PUBLIC SERVICE AUTHORITY - SPSA
TOWING ADVISORY BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION - VBCDC
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
**********************************
PUBLIC COMMENTS
Non Agenda Items
**********************************
*********
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: Virginia Relay Center at
1-800-828-1120
* * * * * * * * * * *
Agenda 12/07/04BLB
www.vbgov.com
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
7 December 2004
Mayor Meyera E. Oberndorf called to order the City Manager's Briefing re W ATERAND SEWERAGING
INFRASTRUCTURE AND RATE STUDY in the Council Conference Room, City Hall, on Tuesday,
December 7, 2004, at 1:30 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,
Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L.
Wood
Council Members Absent:
Jim Reeve
[Family Vacation)
- 2-
MA YOR 'S COMMENTS
1 :30 P.M.
ITEM # 53277
Mayor Oberndorf advised the surviving Veterans of Pearl Harbor are conducting a Memorial Service at
Little Creek Amphibious Base for their lost comrades, Today is the anniversary of the attack on Pearl
Harbor (December 7, 1941) by Japan.
December 7, 2004
- 3 -
CITY MANAGER'S BRIEFING
WATER AND SEWER AGING INFRASTRUCTURE AND RATE STUDY
ITEM # 53278
1 :30 P.M.
Clarence Warnstaff, Director of Public Utilities, advised On January 2, 2001, he spoke to City Council re
aging infrastructure and the necessity to increase the Sanitary Sewer Rate. Increases over three (3) years
were recommended. The City Council approved the staff's recommendation and the sewer rate increases
were implemented. This was a modest rate increase with an impact to the customer of only 8% (combined
water and sanitary sewer bill). Since this time, a detailed inventory of the water and sanitary sewer system
has been completed. To determine the age, condition of utility system assets and funding requirements, the
program of system evaluation has been continued. Mr, Warnstaff serves on the National Board of Directors
of the American Waterworks Association. This Association is comprised of over 57,000 members
encompassing Canada, the United States and Mexico. Through membership in this Association, Mr.
Warnstaff is able to view the utility system problems of other cities. A common dominator, aging
infrastructure, exists throughout the Nation. Some localities have chosen to ignore the issue. The result
is potential Federal law suits, Consent Orders and law suits threatened by Environmental groups. Therefore,
these localities must implement incredibly high rate increases to fund an enormous Capital Program. Mr.
Warnstaff commended the Mayor and City Council for implementing rate increases in prior years. The next
several decades will be addressing aging infrastructure primarily related to sanitary sewer,
Thomas Leahy, Interim Director - Public Utilities, circulated a visual aid and introduced Gary Jones,
Manager - Engineering Division, Public Utilities, and Les White, Finance Officer, Public Utilities.
Virginia Beach Water and Sewer System
400 Water and Sewer Pumping Stations (8 water and 392 sewer)
3,000 miles of water and sewer mains
30,000 Manholes, 30,000 Water Valves
130,000 Laterals (500 miles of lateral line)
The majority of the sewer system was built as private sewer systems by developers, which at some point was
either dedicated, given to the City or acquired by the City, Forty percent (40%) of the system was built in
the 1960's and 1970's. The materials and design were not comparable to today 's standards. The inspection
process was not as rigorous. Mr. Warnstaff displayed charts indicating Sanitary Sewer Mains installed by
Decade, Gravity Sanitary Sewer Main, Pipe Material Distribution and Water Distribution Mains Installed
by Decade. Thirteen percent (13%) of the system was built during the 1950's and 1960's. Twenty-seven
percent (27%) was built during the 1970's. Thirty-five percent (35%) of the sewer distribution system is clay
pipe. This coincides with the sewer system built in the 1950's, 1960's and 1970's. At the end of the 1970's and
early 1980's, plastic pipe became widely available. Almost sixty percent (60%) of the water system was built
prior to 1980.
13% of the Sewer System is More than 35 years Old
50 Sewer Pump Stations
175 miles of sewer mains
4,000 manholes
17,000 Lateral connections
Cost to Build Today:>$300-MILLION
December 7, 2004
- 4 -
CITY MANA GER 'S BRIEFING
WATER AND SEWER AGING INFRASTRUCTURE AND RATE STUDY
ITEM # 53278 (Continued)
40% of the Sewer System is More Than 25 Years Old
150 Sewer Pump Stations
500 Miles of Sewer Mains
12,000 Manholes
50,000 Lateral Connections
Cost to build Today>$900-MILLION
A series of slides was displayed depicting the older systems with pipe failure, improper lateral connections,
roots growing through the joints, offset joints, missing mortar and concrete deterioration in manholes. Clay
pipes are the "heart" of the problem. Clay pipe comes in four-foot (4') sections. Today's PVC will
encompass fourteen-foot (14') sections. Slides also depicted the inside of the twenty-five (25) year old
Bellamy Manor Sewer Pump Station wet well and the rebuilding efforts. The last slide depicted two (2) 80-
and 60-year old waterlines composed of cast iron. A sporadic break occurred across from Town Center.
Recent Price Increases Have reduced the Purchasing Power
of the Capital Improvement Program
New Sewer Pump Station
2003: $550,000
2004: $775,000
Plus $120,000 (Generator and Building)
Sewer Pipe Replace/Rehabilitation
2003: $120/foot
2004: $170/foot
Current Backlog
Pump Stations; 120 stations with rehab/capacity needs thru 2010
(28 today)
Current funding provides for 4 per year
Gravity sewers: 290 miles in need of rehabilitation thru 2010
(59 miles today)
Current funding provides for 20 miles/year
Water system also has needs (i.e. 2(jh Street Water Tank Replacement)
December 7,2004
- 5 -
CITY MANA GER 'S BRIEFING
WATER AND SEWER AGING INFRASTRUCTURE AND RATE STUDY
ITEM # 53278 (Continued)
Public Utilities Capital Improvement Program
FY 2000 - 2005: Averages $15-MILLION/year
One-third Water, Two-thirds Sewer
Aging Sewer Infrastructure: $4-MILLION to $6-MILLION/year
By Comparison, the City of Norfolk's Capital Improvement Program for Aging Sewer Infrastructure is $17-
MILLION per year.
CIP Funding Allocations, Past and Proposed
Total Water and Sewer
FY 2000 to FY 2005 FY 2006 to FY 2011 % Change
Aging Infrastructure 4,850,000 16,790,000 246%
Road & Storm water 1,940,000 3,420,000 76%
Coordination
Neighborhood Projects 1,850,000 820,000 -56%
Operations & Support 2,860,000 2,220,000 -22%
Other 3,280,000 2,410,000 -27%
Six Year Average 14,780,000 25,660,000 74%
(Total)
Six Year Total 88,680,000 153,960,000 74%
Mr. Leahy referenced the Cost of Service Study which includes afive-year projection through the year 2010.
This study represents increasing the Capital Improvement Program from $15-MILLION to $25-MILLION
per year. This represents more than three-jold increase in aging infrastructure and represents the limit which
could be handled by the current organizational structure. There are enough identified needs that would
support a $35- to $40-MILLION per year Capital Improvement Program,
Regional Water and Sewer Rates
Monthly billfor water use of 6,000 gallons exclusive of taxes and other utilities
FY 2001 FY 2005
Norfolk $32,20 $44.93
Chesapeake $29.18 $41.28
Virginia Beach $36.08 $39,04
Suffolk $29,21 $38.20
Portsmouth $32.30 $36,82
December 7, 2004
- 6-
CITY MANA GER 'S BRIEFING
WATER AND SEWER AGING INFRASTRUCTURE AND RATE STUDY
ITEM # 53278 (Continued)
The Public Utility Directors of the four (4) cities: Norfolk, Chesapeake, Suffolk and Portsmouth, all plan rate
increases for FY 2006.
The City's water and sewer bill has increased approximately 6.4% in ten (10) years.
Proposed Monthly Water and Sewer Billing @ 6 kgal
Fiscal Year 2005 2006 2007 2008 2009 2010
$15-MILLION CIP 39.04 40.85 43.26 43.50 45,06 46.01
$25-MILLION CIP 39.04 41.57 43.18 44.62 46.41 48.24
The Perfect (Infrastructure) Storm
Many agingfacilities at or near the end of their useful life
Newer service areas with capacity issues
Need for auxiliary power for infrequent, but severe, weather events
Little opportunity for synergistic solutions
Revenue growth which is much lower than the system growth and
inflation
Recommendations
The replacement cost of the Water and Sewer system is literally
Billions of Dollars
The Capital Improvement Program should be increased from $15-
MILLION per year to $25-MILLION per year to protect that
infrastructure and investment
Public Utilities recommends the water and sewer rates proposed
herein be adopted
Gary Jones, Manager - Engineering Division, Public Utilities, advised to fill the gap of infrastructure
improvements faster would entail $35 to $40-MILLION per year. However, the $25-MILLION per year
combined with existing resources over the next ten to fifteen years will level out and the gap will be filled
and comply with enforced regulations. Mr. Warnstaff advised this is a measured response.
Mr. Jones stated the extensive data base records all the sanitary sewer overflows, backups, pump station
alarms and complaints. This data base indicates the priority situations existing in the City. This data is
utilized yearly to prepare the Capital Program to assure the dollars are expended wisely,
The City Manager advised this item was reviewed by the Water Task Force who recommended it be brought
forward to City Council. The Water and Sewer Aging Infrastructure and Rate Study will be discussed in
detail in April during City Council's consideration of the Biennial FY 2005-2006/2006-2007 Budget.
December 7, 2004
- 7-
CITY MANAGER'S BRIEFING
REDEVELOPMENT STRATEGY
2:35 P.M.
ITEM # 53279
Donald Maxwell, Director of Economic Development, advised the process to create a Redevelopment
Strategy has been led by the Economic Vitality Strategic Issue Team:
Don Maxwell
Team Leader
Chuck Applebach
Jerald Banagan
Andy Friedman
Gary Jones
Robert Matthias
Betsy McBride
Tom Pauls
Patti Phillips
Jim Ricketts
Robert Scott
John Stewart
Cynthia Spanoulis (Facilitator)
Mary Luskey (Recorder)
The desired outcome would be to have a comprehensive redevelopment strategy that has community support,
defines the roles of government and citizens; and is integrated with and complements existing policies and
plans. During their 2003 Retreat, City Council identified redevelopment as a "top priority".
Broad Strategy and Rationale
Dwindling Supply of Vacant Land (5 to 7-year supply of land)
Underutilization of Land
Aging Developments
Comprehensive Plan
Mr. Maxwell advised the foundation work completed encompasses: Comprehensive Plan (broad strategy
and rationale), Economic Development Strategy, Tourism Strategy and the Retail Study.
Robert J. Scott, Director of Planning, advised the Comprehensive Plan discusses in detail the issue of
redevelopment. There is a great deal of revitalization and renewal occurring in the City, Redevelopment
primarily involves the private sector. The role of the public sector is to direct, coordinate, inspire and invest
as in the case of the new Convention Center, There is afear oflosing the young Virginia Beach, if trends are
not reversed. The City is running our of available land for development in the northern portion. Revisiting
some of the earlier decisions would result in a more efficient and productive land use pattern and be
appropriate. Mr. Scott displayed a map of the Comprehensive Plan. The strategic growth areas were
depicted in "red". This area would primarily encompass redevelopment: Lynnhaven Parkway, Dam Neck
Road Corridors, areas along Virginia Beach Boulevard (including Town Center), Witchduck Road,
Northhampton Boulevard, Interstate 64, the Oceanfront and residential neighborhoods. However, there
are shopping centers that are worn out, probably working to the detriment of the residents and, no matter
the location, action is encouraged. The Old Beach District Plan is an example which will capture the
redevelopment activities of the future.
December 7, 2004
-8-
CITY MANA GER 'S BRIEFING
REDEVELOPMENT STRATEGY
ITEM # 53279 (Continued)
Mr. Scott and Mr. Maxwell advised other portions of the foundation work for the Redevelopment Strategy
which are in progress:
Joint Land Use Study
Housing Needs Study
Interim Relocation Policy
Old Beach District Plan.
(February 2005)
(February 2005)
(May 2005)
Other foundation work which must commence:
Office Needs Study
Strategic Growth Area Plan
(May 2005)
(Long term)
For the process to complete the strategy would be to engage the community in the development and support
of a redevelopment strategy that helps achieve the Council's goals.
John Stewart, Operations Manager - Public Library System, advised forming the parts into a meaningful
whole must include a substantial process of public participation (citizen dialogue). This process has both
a structure and outcomes. Better understanding can lead to cooperative approaches and even to a shared
vision for redevelopment.
Outcomes
Information shared by many people
Facts guide the dialogue
Consequences understood
Elements of the Process
Leadership and Organization
Citizen/Stakeholder Interviews
High-Profile Community Event
"Redevelopment Reader"
Citizen Dialogues
Report to City Council and Citizens
The Redevelopment Reader would contain facts, definitions of redevelopment tools, examples of best
practices from around the country. All would be framed around the concerns expressed in the interviews and
during the community event.
December 7, 2004
-9-
CITY MANA GER 'S BRIEFING
REDEVELOPMENT STRATEGY
ITEM # 53279 (Continued)
Mr. Maxwell referenced the Issues to be Reviewed:
Geographically identifY areas within the Strategic Growth areas -
specific sites for redevelopment
Land Assembly Strategy
Expanding toolbox
Determine Possible reuse of properties
Examine potential relocation of existing use to other areas of the City
Estimate cost/Financial Plan
Estimate Long Term impact on CIP
Estimate Return on Investment
Examine the City Organization staffing and structure
Timeline
Complete Foundation Work
Citizen Dialogue
Overall Redevelopment Strategy
October 2004
March 2005
January 2005
June 2005
February 2006
June 2006
Mr. Maxwell referenced the funding. This team, led by the Economic Vitality Team, will be the
"consultant". The office needs study (approximately $ 75,000) and citizen dialogue portion ($25,000) would
encompass a total of approximately $100,000. The Economic Development and Tourism Investment line item
has money available and these funds will be utilized within the budget. Expertise might need to be employed
as needed; however, these funds would continue to be retained form the Economic Development and
Tourism Studies, without requesting additional funds. Mr, Maxwell expressed appreciation to Steven
Thompson, Chief Financial Officer, who has provided guidance to the Economic Vitality Team.
Betsy McBride, Media and Communications, advised the Project Steering Committee is designed to be
staffed with citizens to capture preference and guidance from "Day One". Oversight and governance from
citizens is necessary,
Mr, Maxwell advised the process will commence and the City Council will be informed relative development.
December 7,2004
- 10-
CITY COUNCIL LIAISON REPORTS
AND
CITY COUNCIL COMMENTS
3:15 P.M.
ITEM # 53280
Council Members Wood and Schmidt, Liaisons to the Virginia Aquarium and Virginia Beach Performing
Arts Theatre, distributed their reports. Said reports are hereby made a part of the record.
Mayor Oberndorf was very impressed with the Virginian Pilot news articles relative the Virginia Aquarium
research on the perishing of whales and the rehabilitation of animals.
ITEM # 53281
During the City Council 2004 Retreat, Council Lady McClanan and Councilman Diezel, were charged with
providing recommendations relative Mayor and City Council Compensation. Council Lady McClanan
distributed this information, which is hereby made a part of the record. In summary, these recommendations
are not limited to the three (3) options stated. These options could be scheduled for a future City Council
Session:
Maintain current pay levels
Implement ranges between current and maximum state
approved ceiling
Raise the compensation to statutory limit prescribed by
the General Assembly
Council Lady McClanan believe either the second or third option would be the logical approach.
Recommendation #2 suggests rangesfor theMayor's position at $26,000 and Council Members at $24,000.
Additional, it is recommended annual salary increases for employees (assuming they are provided) be
incorporated in City Council salaries as well until the state maximums are reached. Recommendation #3
recommends raising compensation to allowable state ceilings - Mayor, $30,000 and Council Members
$28,000.
The City Attorney advised the General Assembly establishes the procedure and the City Council must adopt
an ordinance adhering to a certain time frame. Comparisons from other Virginia Municipalities and State
Code data was also enclosed
ITEM # 53282
Councilman Schmidt advised yesterday afternoon, Monday, December 5, 2004, the Executive Committee
of the Lynnhaven River 2007 voted unanimously that City Council consider supporting the Virginia Clean
Rivers. This is proposed legislation being brought forward by the Chesapeake Bay Foundation.
Mayor Oberndorf advised she received a report of the Executive Committee. Research was conducted on
residents who live a great deal of distance from the Chesapeake Bay and from very small areas such as
Grundy, Virginia, re the dissatisfaction with roads, employment and schools. These comments were given
as a reflection of the entire state of Virginia. Additional information has been requested relative who
conducted the polling and the manner in which it was conducted. Charles Meyer, Chief Operating Officer,
will conduct a workshop Wednesday, December 5, 2004, relative this item reviewing the various
organizations involved and the statistics.
December 7, 2004
-11 -
CITY COUNCIL LIAISON REPOR TS
AND
CITYCOUNCIL COMMENTS
ITEM # 53283
Council Ladies McClanan and Wilson referenced the Tax Assessment Task Force. At the August 2004 Goal
Setting Workshop, City Council identified as one of its "Top Priority" targets, the issue of Tax Assessments
Evaluation and Refinements. On November 30, 2004, a Meeting was held in the City Manager's Conference
Room, with David Sullivan. Thomas F. Betz, Jr., has agreed to Chair the Tax Assessment Task Force, The
first official meeting of the Task Force will be Wednesday, 3:00 P.M, December 15, 2004, and will entail
a site visit of the Real Estate Assessor Jerald Banagan 's office.
December 7,2004
- 12-
CITY COUNCIL BRIEFING
VIRGINIA BEACH SCHOOL REVERSION FUNDS
3:30 P.M.
ITEM # 53284
Dr. Timothy R. Jenney, Superintendent Virginia Beach Schools, provided information relative the Virginia
Beach School Board's priority of building an "Alternative Education Facility - Phase II" Dr. Jenney
distributed an Alternative Education booklet, "A Photographic Overview of Virginia Beach's Alternative
Education Facilities ", and a video: "Ahead of the Curve ". Said information is hereby made a part of the
record.
There are specialized programs and a number of projects related to the Alternative Education program.
The building is slated to be constructed on the current site of the School plant facility and the Center for
Effective Learning. The building is designed to consolidate five (5) specialized centers and a number of
programs under the umbrella of Alternative Education, The Adult Learning Center provides comprehensive
services for students over the age of eighteen. Programs are designed to reach the needs of the high school
dropout, the displaced worker and the non-English speaking adult. In addition, the Adult Learning Center
offers educational opportunities for adults seeking to enhance their lives through personal growth, job
enhancement and career advancement. With a special referral, sixteen (I6) and seventeen (I 7) year aids
may be admitted to the basics skills or pre GED or GED classes, located on Virginia Beach Boulevard near
the Pembroke Area. The Center for Effective Learning (CEL) provides academic structure and behavior
intervention for Middle School Students (grades 6 - 8). The Center is an alternative for students
experiencing minimal academic success and exhibiting behavior difficulties in the regular school program.
Often these students are at high risk of dropping out of the regular middle school educational setting. This
facility is located on Witchduck Road, in what was formally Union Kempsville School, adjacent to Central
Academy. Central Academy (Grades 9-12) is a secondary alternative center designed to meet the academic,
behavioral and vocational needs of students who have not been successful in the comprehensive high school
setting. This facility is located on WitchduckRoad, adjacent to CEL. Open Campus (Grades 9-12) provides
aflexible, accelerated, alternative center (Grades 9-12) where older high school students and adults can
successfully complete courses toward a high school diploma or its equivalent. Students considering Open
Campus must have completed the eight grade. To meet the needs of this diverse student population, day,
afternoon and evening classes are scheduled and held on the campus of Green Run High School.
Dr. Jenny cited other programs under Alternative Education:
Anti-Tobacco Use Program (all levels)
Individual Student Alternative Education Plan (Grades 9-12)
On-Line Learning (Grades 9-12)
Project X-CD (Grades 6 & 7)
Princess Anne Center for pregnant teens (accepted on a case-by-case basis)
Ropes and Initiatives (all levels)
Substance Abuse Intervention Program (Grades 6-12)
Vocational Evaluation Center (accepted on a case-by-case basis)
December 7, 2004
- 13-
CITY COUNCIL BRIEFING
VIRGINIA BEACH SCHOOL REVERSION FUNDS
ITEM # 53284 (Continued)
In April 2001, the report of the Alternative Education Task Force Virginia Beach City Schools provided
the following recommendations:
House the most academically at-risk secondary students in one
location providing opportunities for credit towards a diploma, earning
a GED and/or acquiring Vocational Training.
Establish separate programs for Middle Schools and High School
students with severe discipline problems.
The Alternative Education Facility, beginning two (2) years ago, was listed as a Capital Improvement
Program, but was unfunded. An operational report was created in March 5, 2004, to the School Board. The
Budget relating to the Alternative Education Center and the design of the building is envisioned to be an
approximately 270, 000 square foot building located on approximately seventeen (17) acres. The estimated
cost would be approximately $50-MILLION By comparison, the cost of a new High School (opening in
2010) would be estimated to cost approximately $70-MILLION, not including the cost or availability of at
least 50 acres in the Kellam High School Attendance Zone. To renovate the old Kellam High School to
accommodate the multiple Alternative Education programs would entail a cost of approximately $20-
MILLION
The original Center for Effective Learning was constructed in 1948 and is in dire need of significant
improvements. The original Central Academy Building was constructed in 1960 (former GEX Department
Store) and would require asbestos abatement. The Open Campus Program consists of the use of several
trailers and the Princess Anne Center is also housed in trailers. The consolidation would allow for the
reduced cost of operation and maintenance of multiple facilities on five (5) different sites. There will be a
reduction in administrative ($350,000), specialized ($145,000), instructional ($289,000) and classified
($424,000) positions. Cloning the identical programs existing on multiple sites will provide approximately
$1.2-MILLION of operational savings per year, roughly $12-MILLION un-inflated expense over a decade
of operation. The presentation relative funding will be made to City Council within the next month to six
(6) weeks and the School Board believes they will be able to afford the building, without an increase in debt
and within TARGET of Capital Improvement Program expenditures.
The consolidation will strengthen course offerings in providing a continuity along with a continuum of
services at one site, as opposed to separate sites.
Tony Arnold, Director of Facilities, Planning and Construction, advised this is a $50-MILLION project and
if not built, other schools could be built faster; however, this would only allow an earlier replacement of two
(2) elementary schools and a 2/3 of a Middle School sooner, but would not decrease the 40-year
modernization program to twenty (20) years. The replacement value of an Elementary School is $12-$13-
MILLION per school
Council Lady Wilson requested the School Modernization Committee review this concept as related to other
modernization programs.
December 7,2004
-14 -
CITY COUNCIL BRIEFING
VIRGINIA BEACH SCHOOL REVERSION FUNDS
ITEM # 53284 (Continued)
Chairman Daniel D. Edwards - Virginia Beach School Board, advised this Alternative Education Facility
was the number 1 priority in the Capital Improvement Program (not funded). At the same time, the School
Board tasked Dr. Jenney with finding a method to fund this facility.
The School Modernization Committee is comprised of Liaisons Council Members Dyer, Villanueva and
Wilson). They will confer with the representative School Board Members.
City Council questions shall be provided to the City Manager for response by Dr. Jenney.
December 7, 2004
-15 -
AGE N DA REV IE W S E S S ION
4:05 P.M.
ITEM # 53285
E.1. AMEND City Code:
a. ~~2-75, 2-316, 2-317 and 2-318 to ESTABLISH a
Department of Human Services
(1) Add ~~ 2-319,2-320, and 2-321
(2) Delete~~ 29-1,29-2,29-3,29-4,29-16,29-17,29-18,29-19, 29-20, 29-21,
29-22 and 29-23
Terry Jenkins, Director - Department of Human Services, advised on February 2004 the Department of
Social Services and the Department of Mental Health, Mental Retardation and Substance Abuse Services
were consolidated, along with the Juvenile Detention Center. The ordinance will align the Virginia Beach
City Code with the current organizational structure. This amendment does not change the responsibility of
either Board.
Councilman Diezel will confer with Dr. Jenkins relative his concerns. Council Lady McClanan will vote
NAYon this item.
ITEM # 53286
K. 7. Resolution re Town Center Phase III:
a. AUTHORIZE the non-binding Term Sheet, dated
December 7, 2004, between the City, the Development
Authority and Town Center Associates, LLC
b. REQUEST the Authority adopt a Resolution consistent
with this Resolution approving the Term Sheet,
authorizing its execution and A UTHORIZING the City
Manager and the City Attorney, on behalf of the Authority,
to proceed with the development of supplemental
documents necessary to implement the changes to Phase
II and Phase III as outlined in the Term Sheet
c. AUTHORIZE the City Manager and City Attorney to
proceed with the development of supplemental documents
for the MODIFICATIONS to the Project as outlined in
the Term Sheet
d. DIRECT the City Manager to return the final
supplemental documents for approval by the City Council
AND the Authority and for authorization to execute the
Phase III Support Agreement so that the Authority can
then proceed with the next phase of the Project
The City Manager requested this item be deferred concerning additional adjustments to the Term Sheet.
December 7, 2004
-16 -
AGENDA RE VIE W SESSION
ITEM # 53287
BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA:
K.}. AMEND City Code:
a. ~~2-75, 2-316, 2-317 and 2-318 to ESTABLISH a
Department of Human Services
(1) Add ~~ 2-319,2-320, and 2-321
(2) Delete~~ 29-1,29-2,29-3,29-4,29-16,29-17,29-18,29-19, 29-20, 29-21,
29-22 and 29-23
b. ~~ 103, 104, 106, 107, 108 109 and 110 re Chesapeake
Bay Preservation Area Board revisions to remain in
compliance with state regulations
c. ~~ 31-1, 31-2.2, 31-2631-28 and 31-33 re penalties for
certain violations of collection of tree limbs and debris
from tree removal activity and ADD ~ 31-3.1
K.2. Ordinances to AUTHORIZE acquisition of Agricultural
Land Preservation (ARP) and the easements thereon:
a. BARRY D AND PAULA W. KNIGHT re the issuance by
the City of its contract obligations in the maximum
principal of$236,589 at the Head of River Road
(DISTRICT 7 - PRINCESS ANNE)
b. CRAIG and BONNIE TALLEY re the issuance by the
City of its contract obligations in the maximum principal
of$146, 766 at Head of River Road
(DISTRICT 7 - PRINCESS ANNE)
c. DIANNA G CONTE and PATRICIA C. ANGE re the
issuance by the City of its contract obligations in the
maximum principal of $180,684 at Baum Road
(DISTRICT 7 - PRINCESS ANNE)
d. CRAIG C. and SUSAN L. CREAMER re the issuance by
the City of its contract obligations in the maximum
principal of $70,499 at Crags Causeway
(DISTRICT 7 - PRINCESS ANNE)
K.3. Ordinances to AUTHORIZE acquisition of property at
Birdneck Road re the Resort Area maintenance facility to
ESTABLISH the Beach Maintenance facility and
APPROPRIATE $1,609,262 from the fund balance for
this project
December 7, 2004
-17 -
AGENDA RE VIE W SESSION
ITEM # 53287 (Continued)
K.4. Ordinance re Cops Interoperable Communications
Technology Grant:
a. ESTABLISH and DEVELOP a regional Interoperable Communications Network
b, ACCEPT and APPROPRIA TE $6, 000, OOOfrom the u.s. Department of Justice
c. APPROPRIA TE $363,500 from the fund balance of the E- 911 Communications fund
d. TRANSFER $1,800,000 to the Communication Infrastructure Replacement
K.5. Ordinance re School REVERSION FUNDS:
a. APPROPRIATE $18,276,602 within the Virginia Beach
School FY 2004-05 Operating and FY 2004-05 Capital
Budgets re:
(i) $1,500,000 to the Instructional Category for SOL
IncentivefundsforSchoo~
(ii) $5,000, 000 to the School Instructional Technology fund re
cyclical replacement of instructional technology
(iii)$1,800,000 to Telecommunication Infrastructure
Replacement
(iv)$3,155,888 re Interior cameras for elementary schools,
updated fire suppression units, digital recorders to
replace VCR's, sets of calculators, scanners for all
schools, and musical instrument repairs and replacement
(v) $1,448,021 to the School Reserve Special Revenue Fund
(vi) $5,372,693 to RE-ESTABLISH the Alternative
Education Facility Phase II
b. ACCEPT and APPROPRIATE $6,266,052 in additional
grant funding to the Schools in the FY 2004-05 Operating
Budget
(i) $3,868,455 from thefederal government
(ii) $2,369,585 from the state
(iii) $ 28,012 from othersources
(iv) $ 466,967 from the u.s. Department of Education Office
for Safe and Drug Free Schools
December 7, 2004
- 18-
AGENDA RE VIE W SESSION
ITEM # 53287 (Continued)
K.6 Resolution CONCURRING with issuance by the
Industrial Development Authority of the Town of Mount
Jackson, Virginia, of Bank qualified revenue bonds in an
amount not to exceed $2,000,000 re Beth Sholom Home
of Eastern Virginia for their renovation, expansion and
equipping a nursing home
K. 7. Resolution re Town Center Phase Ill:
a. AUTHORIZE the non-binding Term Sheet, dated December
7, 2004, between the City, the Development Authority and
Town Center Associates, LLC
b. REQUEST the Authority adopt a Resolution consistent
with this Resolution approving the Term Sheet,
authorizing its execution and AUTHORIZING the City
Manager and the City Attorney, on behalf of the Authority,
to proceed with the development of supplemental
documents necessary to implement the changes to Phase
II and Phase III as outlined in the Term Sheet
c. A UTHORIZE the City Manager and City Attorney to
proceed with the development of supplemental documents
for the MODIFICATIONS to the Project as outlined in
the Term Sheet
d. DIRECT the City Manager to return the final
supplemental documents for approval by the City Council
AND the Authority and for authorization to execute the
Phase III Support Agreement so that the Authority can
then proceed with the next phase of the Project
K. 8. Resolution A UTHORIZING the City Manager to:
a. EXECUTE a Mutual Aid Agreement re Emergency Fire
Protection Services with the City of Chesapeake
b, EXECUTE the Grant Application with the u.s.
Department of Justice re equipment needed for response
to the use of weapons of mass destruction
Council Lady McClanan will vote a VERBAL NAY on Item K.1.a/c, K.2alblcld
Councilman Wood will vote a VERBAL NAY on Item K.1.c.
Council Members Dyer, McClanan and Wilson will vote a VERBAL NAY on K.5. a(vi) Alternative Education
Facility Phase II.
Item K. 7 (Town Center Phase III) shall be DEFERRED INDEFINITELY, BY CONSENT.
December 7, 2004
- 19-
AGE N DA REV I E W S E S S ION
ITEM # 53288
L.1. Ordinance to AMEND and REORDAN the City Zoning
Ordinance (CZO) 111, 204, 1502, 1503, 1506 and 1507
re to the definition of the term "Lodging Unit, " loading
space requirements for certain lots, and dimensional
requirements, sign regulations, density regulations and
desired design features and incentives in the RT-l Resort
Tourist District.
L.2. Applications of CITY OF VIRGINIA BEACH re the 9th
and 1 (Jh Street Marriott Project:
a. AUTHORIZE the non-binding Term Sheet, dated November 23,
2004, between the City, the Development Authority and
Tidewater Hotels and Resorts,
(i) REQUEST the Authority adopt a Resolution consistent
with this Resolution approving the Term Sheet,
authorizing its execution
(ii) AUTHORIZE the City Manager to EXECUTE the Term
Sheet on behalf of the City
(iii) A UTHORIZE assignment of the City's lease hold interest
in parking spaces at the 9th Street Parking Garage (now
under lease) to the Development Authority: REQUESTthe
Authority adopt a resolution accepting this assignment:
and, AUTHORIZE the City Manager and the City
Attorney, on behalf of the City, to proceed with the
development of the necessary documents and appropriate
evidence for this assignment
(iv) ESTABLISH a Capital Projectfor the <Jh and loth Street
improvement and AUTHORIZE and TRANFSER
$1,324,882 from Economic Development Infrastructure
Projects to create these improvements, relocate the utility
lines and construct new connector parks and public
accessways
(v) AUTHORIZE the City Manager to execute documents
necessary and appropriate to implement the requirements
of the project substantially as outlined in the Term Sheet
b, discontinuance, closure, and conveyance of a portion of loth
Street at Atlantic Avenue,
(DISTRICT 6 - BEACH)
December 7, 2004
- 20-
AGENDA RE VIE W SESSION
ITEM # 53288 (Continued)
c. A UTHORIZE a temporary encroachment to construct and
maintain a paver pool deck, walkways, to the bike path,
decorative loggia with columns, fence on concrete base,
landscaping, and a balcony upon the City's property for OCTO,
INC. at 921 Atlantic Avenue.
(DISTRICT 6 - BEACH)
Karen Lasley, Zoning Administrator, advised Section 1503 allows up to two building identification signs on
hotels greater than 10 stories in height, each of which may not exceed 300 square feet in area. The
amendments also limit the location of the such signs. The sign amendment is not directly related to the
Marriott, When the City increased the height ofhotels at the oceanfront from 100 feet to 200 feet, the signage
was not increased. This amendment mirrors the amendment of the Town Center.
Councilman Maddox advised concern relative the process. The Hotel/Motel Association was just briefed
yesterday. Councilman Maddox request this item DEFERRED.
Council Lady McClanan was in OPPOSITION to the large signs.
Ms. Lasley advised meeting with the Planning and Design Committee of the Resort Advisory Commission
for the past three (3) months concerning the CZO Amendment. The Hotel/Motel Association is suppose to
have a representative member; however, a representative was not present. This item was published on the
Planning Commission agenda two (2) months ago and the Hotel/Motel Association advised.
The City Attorney advised if City Council DEFERRED Item L.1., the City Council could not proceed with
the Marriott project, as there is a provision in the CZO Amendment for the RT-1 Residential Tourist District
relative the height of the hotel going to 200 feet and splitting the park area into two (2) sections. The Street
could be closed; however, the parks envisioned would not exist without this amendment.
The Marriott will be DISCUSSED during the Closed Session,
ITEM # 53289
L.4, Application of STEPHEN LETOURNEAU for a
Conditional Use Permit to operate a small automobile
paint garage at 156A Chestnut Avenue,
(DISTRICT 3 - ROSE HALL)
Council Lady McClanan requested this item be DEFERRED for one (1) week as the building is not located
as depicted on the planning site map.
Council Lady McClanan will confer with the applicant.
December 7, 2004
- 21 -
AGENDA RE VIE W SESSION
ITEM # 53290
L. 5. Application of THE TERRY COMPANIES FIVE, L.L. C.
for a Conditional Use Permit for multi-family dwellings
on the north side of Shore Drive at its intersection with
Cherry Tree Place and to the Chesapeake Bay
(DISTRICT 5 -LYNNHAVEN)
Stephen White, Planning, advised revision of Condition No, 3:
3. Subject to a revised reservation to maintain the existing and/or
substantially the same gazebo on the property, the applicant shall
dedicate a public perpetual public recreational easement and a
perpetual beach replenishment and maintenance easement in or
to facilitate the perpetual right of the City and the Army Corps of
Engineers to maintain, restore and replenish the public beach.
The easement shall run from the mean low water mark on the
property to a point that encompasses all of the sandy beach
seaward of the newly established dune line which shall be
determined during detailed site plan review in the Planning
Department/Development Services Center, but in no event shall
the easement be less than one hundred (lOO)feet landwardfrom
the mean low water mark.
4. Public access is critical
Council Lady McClanan will vote a VERBAL NAY on this item.
ITEM # 53291
BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA:
L.3. Application of BEACH CLUB II UNIT OWNERS'
ASSOCIATION, INC.. for a Chanf!e of Zoninf! District
Classification from A-18 Apartment District to
Conditional A-24 Avartment District at 1100 Indian
Road(DISTRICT 6 - BEACH)
L.4. Application of STEPHEN LETOURNEAU for a
Conditional Use Permit to operate a small automobile
paint garage at 156A Chestnut Avenue.
(DISTRICT 3 - ROSE HALL)
L. 5. Application of THE TERR Y COMPANIES FIVE, L.L. C.
for a Conditional Use Permit for multi-family dwellings
on the north side of Shore Drive at its intersection with
Cherry Tree Place and to the Chesapeake Bay
(DISTRICT 5 - LYNNHA VEN)
December 7, 2004
- 22-
AGE N DA REV I E W S E S S ION
ITEM # 53291 (Continued)
L. 6. Application of FRANCISCUS COMPANY, INC. for a
Chanf!e of Zoninf! District Classification from R-10
Residential District to Conditional A -12 Apartment
District at Wesleyan Drive, and Diamond Springs Road
(DISTRICT 4 - BAYSIDE)
L.7. Application of SALTMEADOW BAY, L.L.e. for a
MODIFICATION to the Land Use Plan (approved by
City Council on March 11, 2003), to permit certain
encroachments at Oakland Avenue, Oceanfront
(DISTRICT 6 - BEACH)
Item L.4. (Stephen Letourne) will be DEFERRED, BY CONSENT, until the City Council Session of December
14, 2004.
Council Lady McClanan will vote a VERBAL NAY on Items. L.5 (Terry Companies) and L.6 (Franciscus
Company)
Council Lady Wilson DISCLOSED Pursuant to Conflict of Interests Act ~ 2.2-3115 (G) re Item L. 7.
(Saltmeadow Bay) she is real estate agent affiliated with Prudential Decker Realty and represents a buyer
of property in the Saltmeadow Bay development. The City Attorney has advised she is able to participate
in the discussion and vote fairly, objectively and in the public interest. Council Lady Wilson's letter of
December 7, 2004, is hereby made a part of the record.
December 7, 2004
- 23-
ITEM # 53292
Mayor Meyera E. 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 MA TTERS: 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).
To Wit: Appointments: Boards and Commissions:
Bikeways and Trails Advisory Committee
Board of Building Code Appeals
Board of Zoning Appeals
Chesapeake Bay Preservation Area Board - CP AB
Community Policy and Management Team - CSA At Risk
Community Services Board (CSB)
Francis Land House Board of Governors
Health Services Advisory Board
Historical Review Board
Investment Partnership Advisory Committee - PPEA
Minority Business Council
Parks and Recreation Commission
Pendleton Project Management Board
Resort Advisory Commission
Review and Allocation Committee - [COG]
Southeastern Public Service Authority - SPSA
Towing Advisory Board
Virginia Beach Community Development Corporation - VBCDC
PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition,
or use of real property for public purpose, or of the disposition of publicly-held property,
or of plans for the future of an institution which could affect the value of property owned or
desirable for ownership by such institution pursuant to Section 3711(A)(A)(3).
Acquisition/Disposition of Property - Marriott Project
City View Property
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).
Zoning Application - City View Property
Marriott Project
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council voted to proceed into CLOSED
SESSION (4:55 P.M.).
December 7, 2004
- 24-
ITEM # 53292 (Continued)
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, Peter W Schmidt, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Jim Reeve (Out of City on Family Vacation)
(Recess: 4:55 P.M. - 5:05 P.M.)
(5:05 P.M. - 5:50 P.M.)
(Dinner: 5:50 - 6:15 P.M.)
December 7, 2004
- 25 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
December 7, 2004
6:16P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEA CH CITY COUNCIL
in the Council Chamber, City Hall Building, on Tuesday, December 7, 2004, at 6: 16 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, Peter W.
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Absent:
Jim Reeve
[Family Vacation)
INVOCATION: Major David Heller, Chaplin
First Landing Chapel- Fort Story
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm 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 andfile 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 ofwhich 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 ths disclosure.
Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record.
December 7, 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 # 53292, page 23, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2 - 3711 (A) of the Code of V irginia 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.
C:6:--J~
R th Hodges SmIth, MMC
City Clerk
December 7, 2004
-27-
Item V-F. 1.
MINUTES
ITEM # 53294
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED the Minutes of
the INFORMAL and FORMAL SESSIONS of November 232004.
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, Peter W
Schmidt, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Abstaining:
James L. Wood
Council Members Absent:
Jim Reeve
l\
,
Councilman Wood ABSTAINED os he was not in attendance during the City Council Session OfNovembe~o04.
December 7, 2004
- 27-
Item V-F.J.
MINUTES
ITEM # 53294
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED the Minutes of
-.
the INFORMAL and FORMAL SESSIONS of November 23, 2004.
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, Peter W.
Schmidt, Ron A, Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Abstaining:
James L. Wood
Council Members Absent:
Jim Reeve
Councilman WoodABSTAINED as he was not in attendance during the City Council Session of November 23,2004,
December 7, 2004
- 28-
Item V-F. 2.
MAYOR'S INTRODUCTION
ITEM # 53295
Mayor Oberndorf introduced the following Boy Scouts in attendance to earn their Merit Badge:
Boy Scout Troop 363
Sponsored by:
Haygood United Methodist Church
Drew Jenkins
Scott Jenkins
Wade Swanson
Tanner Bonuz
Dennis Devasia
Randall Daigle
Dustin Hanson
Daniel Rife
Josh Twiddy
Bryan Wilson
Adult Leaders
Barbara Daigle
Gayle Wilson
Patty Jenkins
December 7, 2004
- 29-
Item V-F.3.
MAYOR'S PRESENTATION
ITEM # 53296
Mayor Oberndorf displayed the award received at the National League of Cities. This award had been accepted by:
David Sullivan
Chief Information Officer
2004 Digital City Survey
First Place
Virginia Beach
(250,000 plus population category)
Mr. Sullivan requested the Mayor to express appreciation to all the Volunteers who served for years, without pay
or recognition, on the Mayor's E-Government Committee. the Mayor stated Mr. Sullivan is a treasure for the City
of Virginia Beach.
Council Lady Wilson was in attendance at the National League of Cities dinner in Indianapolis, Indiana, for the
presentation of the award to Mr. Sullivan.
December 7, 2004
- 30-
Item V-G.1.
PUBLIC HEARING
ITEM # 53297
Mayor Oberndorf DECLARED A PUBLIC HEARING:
EXCESS CITY-OWNED PROPERTY
10TH Street and Atlantic Avenue
The following registered to speak:
Attorney R. J. Nutter, 222 Central Park Avenue, Phone: 687-7500, represented the Tidewater Hotels and Resorts
(Proposed developer of Marriott Hotel). The 1{Jh street closure and conveyance are contingent upon the developer
giving back to the City 105 feet in return for brief closure and relocation of the street to just north of its present
location, thus allowingfor two (2) open space areas where only one now exists.
Attorney Warren Tisdale, Wilcox & Savage, 1800 One Commercial Place, Norfolk, Virginia, Phone: 628-5500,
represented 31'1 Street L.C, Professional Hospitality Resources (comprised often (10) hotels). His clients are
not opposed to the development of a Four Star Marriott at the Oceanfront and acknowledge the importance of
first class hotel rooms. His clients are opposed to the timing and structure of the Marriott proposal, The 3r Street
Hilton project was the subject of numerous public hearings and meetings. Multiple encroachments are being
allowed into the Greenbelt. Statement is hereby made a part of the record.
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
December 7, 2004
- 31 -
Item V-G.2.
PUBLIC HEARING
ITEM # 53298
Mayor Oberndorf DECLARED A PUBLIC HEARING:
VIRGINIA BEACH SOUTH PARKING, L.L.C.
Re Lease of 9th Street Parking Garage
Attorney Warren Tisdale, Wilcox & Savage, 1800 One Commercial Place, Norfolk, Virginia, Phone: 628-5500,
represented 31't Street L.C, Professional Hospitality Resources (comprised often (10) hotels). His clients are
not opposed to the development of a Four Star Marriott at the Oceanfront and acknowledge the importance of
first class hotel rooms. Statement is hereby made a part of the record.
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
December 7, 2004
- 32-
Item V-G.3.
PUBLIC HEARING
ITEM # 53299
Mayor Oberndorf DECLARED A PUBLIC HEARING:
AGRICULTURAL RESERVE PROGRAM (ARP)
Barry D. and Paula Knight
Craig and Bonnie Talley
Dianna G. Conte and Patricia C. Ange
Craig C. and Susan L. Creamer
Head of River Road
Head of River Road
Baum Road
Head of River Road
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
December 7, 2004
- 33-
Item V-G.4.
PUBLIC HEARING
ITEM # 53300
Mayor Oberndorf DECLARED A PUBLIC HEARING:
AMENDMENT TO THE FY 2004-05 CAPITAL BUDGET
Supplemental Appropriation of$10,328,581 in School Reversion Funds to School Capital Projects
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
December 7,2004
- 34-
Item V-G.5.
PUBLIC HEARING
ITEM # 53301
Mayor Oberndorf DECLARED A PUBLIC HEARING:
AMENDMENT TO THE FY 2004-05 CAPITAL BUDGET
Supplemental Appropriation of $6,363,500 in Federal Grant Funding and Local Match Capital Projects
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
December 7, 2004
- 35 -
Item V-H.J.
PUBLIC COMMENT
ITEM # 53302
Mayor Oberndorf INVITED PUBLIC COMMENT:
MARRIOTT HOTEL TERM SHEET
Attorney Warren Tisdale, Wilcox & Savage, 1800 One Commercial Place, Norfolk, Virginia, Phone: 628-5500,
represented 31'1 Street L.C, Professional Hospitality Resources (comprised often (10) hotels), His clients are
not opposed to the development of a Four Star Marriott at the Oceanfront and acknowledge the importance of
first class hotel rooms. Statement is hereby made a part of the record.
There were no further speakers registered. The Mayor closed the Public Comment.
December 7, 2004
Item V-L
ADOPT AGENDA
FOR FORMAL SESSION
BY CONSENSUS, City Council ADOPTED:
- 36-
ITEM # 53303
AGENDA FOR THE FORMAL SESSION
December 7, 2004
- 37-
Item V-K.
ORDINANCES/RESOLUTIONS
ITEM # 53304
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED IN ONE
MOTION Items la/ble/, 2a/b/c/d 3, 4 a/blc/d, 5a/b, 6, 7 a/b/c/d (DEFERRED) and 8 a/b of the CONSENT
AGENDA.
Item 7a/b/c/d will be DEFERRED INDEFINITELY, BY CONSENT.
Voting:
lO-O (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 Peter W.
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Jim Reeve
Council Lady McClanan voted a VERBAL NAY on Item K.l.ale(Human Services/tree removal activity,
K.2a/b/c/d (ARP's)
Councilman Wood voted a VERBAL NAY on Item K.l,c. (Tree removal activity)
Council Members Dyer, McClanan and Wilson voted a VERBAL NAY on K.5,a(vi) Alternative Education Facility
Phase II
December 7, 2004
- 38-
Item V-K. 1.a.
ORDINANCES/RESOLUTIONS
ITEM # 53305
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinance to AMEND City Code:
a, ~~2-75, 2-316, 2-317 and 2-318 to ESTABLISH a Department
of Human Services
(1) Add ~~ 2-319, 2-320, and 2-321
(2) Delete~~ 29-1,29-2,29-3,29-4,29-16,29-17,29-18,29-19,
29-20, 29-21,29-22 and 29-23
Voting:
9-1 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Richard A.
Maddox, Mayor Meyera E, Oberndorf, Peter W. Schmidt, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Jim Reeve
December 7, 2004
AN ORDINANCE TO AMEND THE CITY CODE TO
ESTABLISH A DEPARTMENT OF HUMAN SERVICES
SECTIONS AMENDED: 55 2-75, 2-316, 2-317 and 2-318
SECTIONS ADDED: 55 2-319, 2-320, and 2-321
SECTIONS DELETED: 55 29-1, 29-2, 29-3, 29-4, 29-16,
29-17, 29-18, 29-19, 29-20,
29-21, 29-22 and 29-23
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 2-75, 2-316 and 2-318 are hereby amended
and re-ordained, Sections 2-319, 2-320 and 2-321 are added and
Sections 29-1, 29-2, 29-3, 29-4, 29-16, 29-17, 29-18, 29-19, 29-20,
29-21, 29-22 and 29-23 are hereby deleted.
Chapter 2 Administration
Article III. Officers and Employees Generally
Section 2-75
Service divided into nonmerit and merit services; composition of
nonmerit service.
(a) The service of the city is divided into nonmerit service
and merit service.
(b) The nonmerit service shall consist of:
(1) Members of the city council and all other elected
officials or persons appointed to fill vacancies in
elective offices.
(2) The city manager, the chief of staff, chief
financial officer, chief operating officer, chief
1
information officer, assistants to the city manager
and all heads of departments or offices who are
appointed by the city manager.
(3) Constitutional officers and their employees.
(4) All appointees of the city council.
(5) Employees of the health department.
(6) Employees of the school board.
(7) Judges and associate judges of the circuit courts,
general district courts and juvenile and domestic
relations district courts, and employees of such
courts.
Employcc8 of 8oci~1 8cr~icc8.
(8 )
ill
~ Employees of the agriculture
compensated by the state.
(9) ~ The general registrar and all assistant
registrars.
department
JlQl ~ Employees of juvenile probation.
il!l ~ Members of boards and commissions.
~ ~ Any individual whose relationship with the city
arises from or under any express contractual agreement to
which such individual is a party or whose position is
created by such contract.
2
Article XI.
Department of !!cntal Health, !!ental Retardation and
Substance Abuse Ser~iceo
Sec. 2 316. Created; composition.
There i:J hereby creClted Cl depClrtment of mentCll heCll th, mentCll
retClrdCltion Clnd :Jub:JtClnce Clbu:Je oer~ice:J, ;.hich ohClll con:Ji:Jt of Cl
director Clnd ouch other officero Clnd employeeo Cl:J ffiClY be pro~ided
by the councilor by the order:J of the city mClnClger or director
con:Ji:Jtent there~ith.
Sec. 2 317. Functions.
The depClrtment of mentCll heCllth, rnentCll retClrdCltion Clnd oub:JtClnce
Clbu:Je :Jer~ice:J ohClll be reopon:Jible for the exercioe of Clll mentCll
heCllth, mentCll retClrdCltion Clnd :Jub:JtClnce Clbuoe function:J impooed on
ffiunicipCllitie:J by generCll lClw Clnd ohClll hCl~e :Juch other po~er:J Clnd
dutie:J ClO mClY be Clooigned by the council.
Sec. 2 318. nppointment, powero Clnd dutie:J of director.
The director of the depClrtment of mentCll heCllth, mentCll retClrdCltion
Clnd oubotClnce Clbuoe oer~iceo ohClll be the executive director of the
communi ty :Jer'lice:J bOClrd, ',;ho :JhClll be Clppointed in ClccordClnce ',;i th
oection 37.1 197(B) (6) of the Code of VirginiCl. The director :JhClll
hCl~e generCll ffiClnClgement Clnd control of the :Je~erCll bureClu:J,
di~ioion:J Clnd other unito of the depClrtment Clnd :JhClll hove Clll the
po',;ero Clnd dutie:J, ',;hich Clre conferred by the communi ty oer~iceo
bOClrd.
3
ARTICLE XI. DEPARTMENT OF HUMAN SERVICES
Sec. 2-316. Created; composition.
There is hereby created a department of human services, which shall
consist of a director and such other officers and employees as may
be provided by the councilor by the orders of the city manager or
director consistent therewith.
Sec. 2-317. Appointment, powers and duties of director.
The director of the department of human services shall be the
executive director of the community services board, who shall be
appointed in accordance with section 37.1-197(3) (6) of the Code of
Virginia. The director shall have general management and control of
the several divisions, bureaus and other units of the department,
including the juvenile detention center, and shall have all the
powers and duties that are conferred by the community services
board.
Sec. 2-318.
Establishment and responsibilities of division of
social services.
There is hereby established, within the department of human
services, the division of social services, which shall consist of
such officers and employees as may be provided by ordinance or by
orders or directives consistent therewith. This division shall be
responsible for the exercise of all social services functions
4
imposed on municipalities by general law.
Sec. 2-319 Establishment and responsibilities of division of
mental health, mental retardation and substance abuse services.
There is hereby established, within the department of human
services, the division of mental health, mental retardation and
substance abuse services, which shall consist of such officers and
employees as may be provided by ordinance or by orders or
directives consistent therewith.
This division shall be
responsible for the exercise of all mental health, mental
retardation and substance abuse services functions imposed on
municipalities by general law and provide such services in
coordination with the community services board.
Sec. 2-320.
welfare.
Designa tion and duties of local board of public
Pursuant to section 63.2-304 of the Code of Virginia, the director
of human services is hereby designated as and shall constitute the
local board of public welfare. The director shall discharge the
duties and functions of such boards as imposed by title 63.2 of the
Code of Virginia.
Sec. 2-321. Creation of social services advisory board; general
function; powers and duties.
(a) There is hereby created a social services advisory board
for the city, which shall consist of five (5) members appointed by
5
the city council. The director of human services shall be an ex
officio member, without any voting privileges.
(b) The board shall act in an advisory capacity to the
director of human services with respect to the duties and functions
imposed by title 63.2 of the Code of Virginia.
(c) The powers and duties of the board shall be as enumerated
in section 63.2-305 of the Code of Virginia.
ARTICLE I. IN CENERAL
Scc. 29 1. E3tab1iahment and compoaition of dcpartment of aocial
3er....icc:J .
There oh~ll be ~ dep~rtment of ooci~l oer~iceo \lhich oh~ll conoiot
of the director of ooci~l oerviceo ~nd ouch other officero ~nd
employeeo, org~nized in ouch bure~uo, di~ioiono ~nd other unito, ~o
m~y be provided by thio Code or other ordin~nceo of the city or by
the ordero of the director conoiotent there~ith.
Soc. 29 2.
3cr.-ice3 .
Ccncral powera and dutic3 of director of aocial
Subject to the l~\lo of the ot~te rel~ting to public ~ooiot~nce, the
director of ooci~l oerviceo oh~ll h~TvTe gener~l m~n~gement ~nd
control of the oe~er~l bure~uo, di~ioiono ~nd other unito of the
dep~rtment of ooci~l oer~iceo, including the m~lcing of ruleD ~nd
regul~tiono, conoiotent ,lith the Ch~rter ~nd the ordin~nceo of the
city, for the conduct of ito buoineoo.
6
Sec. 29 3. Designation and pO..iers of city's authorizing agent for
determination of eligibility of peroon for hoopi talization at
public expense.
Purou,:mt to the pro7ioiono of oeetion 63.1 139 of the Code of
Virgini~, the director of ooci~l oer7iceo, or the peroon ~cting for
the director in the director'o ~boence, io hereby deoign~ted ~nd
~ppointed the ~uthorizing ~gent of the city to determine the
eligibility of peroono for hoopit~liz~tion to be furniohed ;.holly
or in p~rt ~t public elCpenoe. Such ~uthorizing ~gent io hereby
empo;;ered to c~rry out the pro7ioiono of ch~pter 7 of title 63.1 of
the Code of Virgini~, ;;hich ch~pter pert~ino to the hoopit~liz~tion
~nd tre~tment of indigent peroono.
Sec. 29 4.
Designation and duties of local board of public
welfare.
Purou~nt to oection 63.1 13 of the Code of Virgini~, the director
of ooci~l oerviceo io hereby deoign~ted ~nd oh~ll conotitute the
loc~l bo~rd of public ~elf~re. The director oh~ll dioch~rge the
dutieo ~nd functiono impooed upon him by title 63.1 of the Code of
Virgini~.
ARTICLE II. SOCIAL SERV'ICES ADVISORY BOlUID
Sec. 29 16. Definition.
l'.o uoed in thio ~rticle, the term "bo~rd" rne~no the ooci~l oer7iceo
~d7ioory bo~rd cre~ted by thio ~rticle.
Sec. 29 17. Created.
7
There io hereby ere~ted ~ ooci~l oer7iceo ~dvioory bo~rd for the
city.
Sec. 29 18. Compooition; appointment of membero.
The bo~rd oh~ll conoiot of fi7e (5) membero "ho oh~ll be ~ppointed
by the city council. The director of ooci~l oer7iceo oh~ll be ~n ex
officio member, ',;i thout ~ny 70ting pri TvTilegeo.
Sec. 29 19. Term3 of mcmber3; limitation on 3crvicc.
(~) Initi~lly, membero of the bo~rd oh~ll be ~ppointed for
ot~ggered termo. There~fter, membero oh~ll be ~ppointed for termo
of four (1) ye~ro e~ch, except th~t ~ppointmento to fill v~c~ncieo
oh~ll be for the unexpired termo. 1'.ppointmento oh~ll be m~de on the
firot d~y of July of e~ch ye~r for pooitiono th~t termin~ted ~t the
end of the prior ye~r.
(b) No peroon oh~ll oer7e ~o ~ member of the bo~rd for more th~n
two (2) conoecuti7e termo.
Scc. 29 20. Election of chairman and vice chairman; quorum.
The bo~rd oh~ll elect ito o,;n ch~irm~n. The bo~rd oh~ll elect ito
O,Jn vice ch~irm~n ohould it deem ouch neceoo~ry. ^ m~jority of the
membero of the bo~rd preoent oh~ll conoti tute ~ quorum for the
tr~no~ction of buoineoo.
Sec. 29 21. Mectinq3.
The bo~rd oh~ll meet ~t le~ot bimonthly. In ~ddition to regul~rly
ocheduled meetingo, the bo~rd m~y meet ~t the c~ll of the ch~irm~n
or on petition of one h~lf (1/2) of ito membero.
8
Sec. 29 22. Ccncral function.
Thc bo~rd 8h~11 ~ct in ~n ~d~ioory c~p~city to thc dircctor of
ooci~l 8crvicco ;Jith rC8pcct to thc dutic8 ~nd function8 impo8cd
upon him by titlc 63.1 of thc Codc of Virgini~.
Sec. 29 23. POll1erO and dutico.
Thc pO',JCr8 ~nd dutic8 of thc bo~rd 8h~11 bc ~8 cnumcr~tcd in
ocction 63.1 43.1 of thc Codc of Virgini~.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 7TH day of December, 2004.
9
- 39-
Item V-K. J.b.
ORDINANCES/RESOLUTIONS
ITEM # 53306
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinance to AMEND the City Code:
b. SS 103, 104, 106, 107, 108 109 and 110 re Chesapeake Bay
Preservation Area Board revisions to remain in compliance with
state regulations
Voting:
10-0 (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, Peter W.
Schmidt, Ron A, Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Jim Reeve
December 7, 2004
1
2
3 AN ORDINANCE TO AMEND SECTIONS 103, 104, 106,
4 107, 108, 109 and 110 OF THE CHESAPEAKE BAY
5 PRESERVATION AREA ORDINANCE OF THE CITY OF
6 VIRGINIA BEACH
7 SECTION AMENDED: Chesapeake Bay Preservation
8 Area Ordinance (City Code Appendix F) Sections
9 103, 104, 106, 107, 108, 109 and 110
10
11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA:
13
That Sections 103, 104, 106, 107, 108, 109 and 110 of the
14 Chesapeake Bay Preservation Area Ordinance are hereby amended and
15 reordained, to read as follows:
16
17 Sec. 103. Definitions.
18 The following words and terms used in this ordinance shall
19 have the following meanings, unless the context clearly indicates
20 otherwise.
21
22 v;r.o. tcrbodic:J t:i th pcrcnnio.l flat:. l',ny ',,'.J.ter body depicted .J.':;
23 perenni.J.l b.J.oed upon (i) the moot recent U.S. Ceologic.J.l Sur~ey 7
24 1/2 minute topogr.J.phic qU.J.dr.J.ngle m.J.p(oc.J.le 1:24,000), or (ii) u.:;e
25 of .J. ocientific.J.lly ~.J.lid oyotem of in field indic.J.tor.:; of
26
perenni.J.l flow ffi.J.de or confirmed by the City H.J.n.J.ger.
27
28
29
30
1
31 Sec. 104. Areas of Applicability.
32
33
34
35 (D) The Chesapeake Bay Preservation Area Map shall delineate
36 the general locations of Resource Protection Areas and Resource
37 Management Areas. The City Manager shall have the final authority
38 in cases of uncertainty to determine the extent of Chesapeake Bay
39 Preservation Areas by application of the criteria set forth in this
40 section. Site-specific determination shall be made by or confirmed
41 by the City for all proposed development.
42
43
44 Sec. 106. Performance standards.
45
46
A.
General performance standards for development and
47
redevelopment. Except as otherwise provided herein, the
48
following standards shall apply to all development and
49
redevelopment in both Resource Protection Areas and
50
Resource Management Areas
of the Chesapeake Bay
51
Preservation Area:
52
53
(7 )
Storm~~ter m~n~gement criteri~ for development
54
8h~11 ~pply to ~ny redevelopment.
Stormwater
55
management criteria consistent with the water
56
quali ty protection provisions (4VAC 3-20-71 et.
2
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
Seq. )
of the Virginia
Stormwater Management
Regulations (4 VAC 3-20) shall be satisfied. The
following stormwater management options shall be
deemed
comply
with
criteria
and
such
to
regulations:
(b) Compliance with the stormwater management
program adopted by the City, which shall
include a VPDES permit issued by the
Department of Environmental Quality to the
City for its municipally-owned storm sewer
system discharges that has been reviewed and
found by the St.J.tc W.J.tcr Control Chesapeake
Bay Local Assistance Board to achieve water
quality protection equivalent to that required
by this subsection; and
(B)
Development criteria for Resource Protection Areas.
(1) Land development may be allowed in the Resource
Protection Area only if such development
dependent, (ii) constitutes redevelopment,
(a) A water quality impact assessment
(i) is water
(iii) .
in accordance
with Section 110(C) 107(C) of this ordinance shall
be required for any proposed land disturbance.
3
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
(5)
(e)
Flood control and stormwater management facilities
that drain or treat water from multiple development
projects or from a significant portion of a
watershed may be allowed in Resource Protection
Areas, provided that:
3. The facility is consistent with a stormwater
management program approved by the Dcp~rtmcnt
of Environment~l Qu~lity Chesapeake Bay Local
Assistance Board as a Phase I modification to
the City's program;
Permitted modifications in the buffer area.
(b) On agricultural lands, the agricultural buffer area
shall be managed to prevent concentrated flows of
surface water from breaching the buffer area, and
appropriate measures may be taken to prevent
noxious weeds from invading the buffer area.
Agricultural activities may encroach into the
buffer area as follows:
4. If 8pecific problem8 ~re identified pert~ining
to ~gricul tur~l ~cti 7i tieD th~t ~re c~u8ing
4
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
pollution
of the ne.J.rby ',;.J.terbody ',;i th
perenni.J.l flo~ or viol.J.te perform.J.nce
8t.J.nd.J.rd8 pert.J.ining to the veget.J.ted buffer
.J.re.J., the City, in cooper.J.tion ',;ith Virgini.J.
D.J.re Soil .J.nd W.J.ter Conoer:.J.tion Di8trict,
oh.J.ll recommend .J. compli.J.nce ochedule to the
l.J.ndo~ner .J.nd require the problem8 to be
corrected con8i8tent ~ith th.J.t 8chedule. Thio
8chedule
expedite
environment.J.l
8h.J.ll
protection ',;hile t.J.king into .J.ccount the
oe.J.oono .J.nd other tempor.J.l con8ider.J.tion8 00
th.J.t
prob.J.bility for
the correcti ve
oucce88fully
the
me.J.oure8
i8
5.
implementing
gre.J.te8t.
In C.J.8e8 ~here the l.J.ndowner or hi8 .J.gent or
oper.J.tor h.J.8 refu8ed .J.88iot.J.nce from the
Virgini.J. D.J.re Soil .J.nd W.J.ter Conoerv.J.tion
Diotrict in complying ~ith or documenting
compli,::mce ,;i th the Clgricul turCll requirement:J
of thio ordin.J.nce, the Diotrict oh.J.ll report
the noncompli.J.nce to the City H.J.n.J.ger. The
Ci ty H.J.n.J.ger oh.J.ll require the l.J.ndo',;ner to
correct the problem8 ~ithin .J. opecified period
of time not to exceed eighteen (18) month8
from the initi.J.l notific.J.tion of the
5
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
deficiencie8 to the l~ndowner.
The City
6.
H~n~ger, in cooper~tion ',;ith the Di8trict,
8h~11 recommend ~ cornpli~nce ochedule to the
l~ndo',mer. Thi8 8chedule 8h~11 e:l(pedi te
ew;ironrnent~l protection \Jhile t~king into
~ccount the 8e~80n8 ~nd other tempor~l
con8ider~tion8 00 th~t the prob~bili ty for
8ucce88fully implementing the corrective
me~oure8 io gre~te8t.
Water quality impact assessment. A water
quality impact assessment shall be required
for any proposed land disturbance, development
or redevelopment within the Resource
Protection Area consistent with this Section
and for any other development in Chesapeake
Bay Preservation Areas that may warrant such
assessment because of the unique
characteristics of the site or intensity of
150 the proposed use or development.
151
152 Sec. 107. Plan of development process.
153
154
155
156
(B) Administrative variance plan of development process.
Except as otherwise provided herein, the plan of
development process for any use, development or
6
157
redevelopment in a Chesapeake Bay Preservation Area
158
requiring an administrative variance shall consist of a
159
site plan meeting the applicable requirements of the Site
160
Plan Ordinance (Appendix C), unless deemed unnecessary by
161
the City Manager, which shall contain the plans and
162
information identified below:
163
164
(10)
Identification of the Resource Protection Area.
165
166
(C)
Water Quality impact assessment.
167
A water quality impact assessment shall be required (i)
168
for
any
use,
land
disturbance,
development
or
169
redevelopment within a Resource Protection Area; .
170
171
172 Sec. 108. Nonconforming buildings and structures.
173
(A) Any use, building or structure which lawfully existed on
174 the date of adoption of this ordinance and which is not in
175 conformity with anyone or more of the provisions of this
176 ordinance, and any use, building or structure which lawfully exists
177 on the date of adoption of any amendment to this ordinance and
178 which is not in conformity with such amendment, shall be deemed
179 nonconforming.
180
(B) Nothing in this Section shall be construed to prohibit
181 the reconstruction or restoration of any nonconforming building or
7
182 structure which is destroyed or damaged by reason of casualty loss,
183 provided that the area encompassed by such building or structure,
184 as reconstructed or restored, is not extended or enlarged.
185
(C) A principal structure on a legal nonconforming lot may be
186 expanded under the Administrative Variance procedures of Section
187 110(8) of this ordinance provided that:
188 (1) There is no net increase in nonpoint source pollutant
189 load; and
190 (2) Any development or land disturbance exceeding 2,500
191
square feet complies with all erosion and sediment
192
control requirements.
193
194
195 Sec. 109. Exemptions.
196 (A) Exemptions for public facilities.
197 (1) .. Exemptions for public roads shall also be subject to the
198
following conditions:
199
(a) The road alignment and design are optimized and
200
consistent with other applicable requirements to prevent
201
or otherwise minimize (i) encroachments into Resource
202
Protection Areas and (ii) adverse effects on water
203
quality.
204
(b)
Such appurtenant structures shall include, but are not
205
limited to, bridges, cul TJcrt,:;, guard rails, dr.:lin.:lgc
206
f.:lcilitico, lighting and traffic-control devices, fences
8
207
and berms.
208
209
210
211 Sec. 110. Variances.
212
213
(B) Administrative variances.
Administrative variances may be
214 granted only for uses, development or redevelopment described in:
215
(1) Section 106 (B) (2) for water wells, passive recreation
216
facilities and historic preservation and archaeological
217
activities;
218
(2) Section 106(B) (4) for lots recorded prior to October 1,
219
1989 or between October 1, 1989 and January 1, 2004 where
220
application of the buffer requirement would result in the
221
loss of a buildable lot and meet the criteria enumerated;
222
(3) Section 106(B) (5) for sight lines, access paths, general
223
woodlot management and best management practices; and
224
(4) Section 108 for additions to nonconforming principal
225
structures.
226
227
228
Adopted by the City Council of the City of Virginia Beach,
229 Virginia, on this 7TH
day of December, 2004.
9
- 40-
Item V-K. I.e.
ORDINANCES/RESOLUTIONS
ITEM # 53307
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinance to AMEND the City Code:
c. 99 31-1, 31-2.2, 31-2631-28 and 31-33 re penalties for certain
violations of collection of tree limbs and debris from tree removal
activity and ADD 9 31-3.1
Voting:
8-2 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A.
Maddox, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva
and Rosemary Wilson
Council Members Voting Nay:
Reba S. McClanan and James L. Wood
Council Members Absent:
Jim Reeve
December 7, 2004
1
2
3 AN ORDINANCE TO AMEND CHAPTER 31 OF THE CITY CODE
4 BY ADDING A NEW SECTION 31-3.1 (CIVIL PENALTIES FOR
5 CERTAIN VIOLATIONS) AND BY AMENDING SECTIONS 31-1
6 (DEFINITIONS), 31-2.2 (ISSUANCE OF SUMMONSES), 31-
7 26 (RECEPTACLES GENERALLY), 31-28 (POINTS OF
8 COLLECTION) AND 31-33 (PREPARATION OF YARD TRASH,
9 ETC. FOR COLLECTION)
10
11 Section Added: City Code Section 31-3.1
12 Sections Amended: City Code Sections 31-1,
13 31-2.2, 31-26, 31-28 and 31-33
14
15
16 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
17 BEACH, VIRGINIA:
18
19 That Chapter 31 of the Code of the City of Virginia Beach is
20 hereby amended and reordained, to read as follows:
21
CHAPTER 31.
SOLID WASTE
22
Article I. IN GENERAL
23
24 Sec. 31-1. Definitions.
25
26 The following definitions shall apply in the interpretation
27
and enforcement of this chapter:
28
29
Tree removal activity means the removal of trees wholly or
30 partially felled or damaged by storm, disease or other natural
31 causes, as well as the cutting down and removal of standing trees;
32 Tree removal contractor means any person, firm, corporation or
33 other entity regularly performing tree removal activity for
34 monetary or other consideration.
35
36
37
38
39
40
41
42
43
44
45
46
47
Sec. 31-2.2.
Sumo
Notice of violation, summons - Method of
issuance.
(a) Upon finding or observing a violation of any of the
48
provisions of this chapter, the inspector, assistant fire marshal
49
or police officer shall issue a notice for ~ of violation to the
50 owner, operator, occupant or other person causing or permitting
51 such violation. Ser7ice of the notice of TvTiol~tion :Jh~ll be by
52 deli7ering ~ copy of the notice to ~hom it i:J directed in per:Jon.
53 &aie Such notice shall cont~in set forth the date and nature of the
54 violation, including a citation of the city code section violated,7
55 ^ddition~lly, :J~id notice and shall require the immedi~te ce:Jo~tion
56 of the 7iol~tion ~nd :Jh~ll pr07ide for specify the time within
57
which remedi~l me~:Jure:J ~re to be t~ken to correct :J~id
the
58 violation shall be corrected. Service of the notice shall be by
59 personal delivery to the person causing or permitting the violation
60 or, H if the p~rty person cannot be found, !:2.Y posting of the
61 notice in a conspicuous location upon the land or premises afi€i
62 notice m~iled by fir:Jt cl~:J:J m~il to the l~ot knor,m ~ddreoo of the
63 per:Jon to ~hom it io directed oh~ll be deemed ~dequ~te under thio
64 ch~pter.
65 Upon f~ilure to If the person so served fails to comply with a
2
66 the notice of violation, a summons shall be issued against and
67 served on the p~rty such person directing him to appear before the
68 general district court, on the date and at the time specified in
69 the summons, to answer for the violation alleged.!... the date and
70 nature of which shall be set forth in the summons; provided,
71 however, that the procedure in cases of violations of sections 31-
72 26, 31-28 and 31-33 shall be in accordance with the provisions of
73 section 31-3.1 of this chapter.
74
(b)
In any case where an inspector, assistant fire marshal or
75 police officer observes a violation in progress, a summons may be
76 issued against and served on the person committing the violation
77 directing him to appear before the general district court without
78 the necessity of issuing a notice of violation.
79
80
81 Sec. 31-3. Violations of chapter.
82
Unless otherwise specifically provided, a violation of any of
83 the provisions of this chapter shall constitute a class 1
84 misdemeanor. In any case where building and construction materials,
85 hazardous waste, or refuse is deposited, transported, transferred
86 or stored in or upon any public or private property in the city
87 without acquiring all permits under applicable city, state, and
88 federal laws, the mere cessation of such activities shall not be
89 deemed sufficient to correct the violation. Said violation shall
90 not be deemed corrected until such time that all required permits
3
91 and approvals have been obtained or until such time as the building
92 and construction materials, hazardous waste or refuse have been
93 removed from the subj ect property and disposed of in a lawful
94 manner.
95 In addition to and not in lieu of the penalties prescribed in
96 this section, the city may apply to the circuit court for an
97 injunction against the continuing violation of any of the
98 provisions of this chapter and may seek any other remedy authorized
99 by law; provided, that the assessment of a civil penalty for any
100 violation shall preclude the institution of a criminal prosecution
101 for the same violation.
102
103
104 Sec. 31-3.1. Civil penalties.
105
(a) Any person who violates the provisions of section 31-26
106 or section 31-28 of this chapter shall be assessed a civil penalty
107 in the amount of twenty-five dollars ($25.00) for the first
108 violation and fifty dollars ($50.00) for each subsequent violation,
109 and any person who violates section 31-33 shall be assessed a civil
110
penalty in the amount prescribed therein.
Each day during which
111 the same violation is found to have existed shall constitute a
112 separate offense.
113
(b) Except as provided in section 31-33 (e), no civil penalty
114 shall be assessed without first issuing a notice of violation in
4
115 the manner specified in section 31-2.2 to the owner, operator,
116 occupant or other person causing or permitting such violation.
117
( c)
Any person issued a civil summons for a violation may
118 make an appearance in person or in writing by mail to the City
119 Treasurer prior to the date fixed for trial in court. Any person
120 so appearing may enter a waiver of trial, admit liability, and pay
121 the civil penalty established for the offense charged. Such person
122 shall be informed of his right to stand trial and that a signature
123 to an admission of liability will have the same force and effect as
124
a judgment of court.
If a person charged with a scheduled
125 violation does not elect to enter a waiver of trial and admit
126 liability, the violation shall be tried in the general district
127 court in the same manner and with the same right of appeal as
128
provided by law.
In any trial for a violation, it shall be the
129 burden of the city to show the liability of the violator by a
130
preponderance of the evidence.
An admission of liability or
131 finding of liability shall not be a criminal conviction for any
132 purpose.
133
134
135 Sec. 31-26. Receptacles generally.
136
All refuse to be collected by the city shall be stored in
137 proper receptacles between times of collection. Except in those
138 areas serviced by automated collection equipment, such receptacles
139 shall be metallic or plastic, with a capacity of not more than
5
140 thirty-two (32) gallons or a total weight of not more than fifty
141 (50) pounds. Any automated refuse receptacle serviced by the city
142 shall not be filled to exceed two hundred (200) pounds total
143 weight, and all refuse therein must fit inside the receptacle.
144 Refuse may be placed in plastic or polyethylene bags which meet the
145 standards set by the city manager or his designee. Each receptacle
146 shall have a tight-fitting cover, and each bag shall be tightly
147 secured. The cover of any receptacle shall be kept on at all times
148 except when the receptacle is being filled, emptied or cleaned.
149 Animal waste, ashes and special refuse items shall be disposed of
150 in the manner set forth in section 31-7 of this chapter. Any areas
151 serviced by automated collection equipment shall use automated
152 refuse receptacles and containers for recyclables as approved by
153 the city manager or his designee. All garbage or receptacle
154 material shall be placed within the automated refuse receptacles.
155 No hazardous waste, refuse, cont.:tgiou:J dioc.:t:Jc rcfuoc medical
156 waste, or any other refuse or nonrecyclables shall be placed in any
157 container for recyclables used for collection by the city or a city
158 contractor. No other types of receptacles are permitted for use in
159 the automated collection areas. Exceptions to these requirements
160 may be made by the city manager or his designee. Only yard waste
161 containers or yard waste receptacles as defined in section 31-1 of
162 this chapter shall be used for yard waste. A maximum of twenty-five
6
163 (25) yard waste receptacles shall be collected per residence on any
164 given collection day.
165
166 Sec. 31-28. Points of collection.
167 (a) Privately owned residential refuse receptacles, including
168 automated refuse receptacles and containers for recyclables,
169 oversized household trash and bulky items such as refrigerators,
170 water heaters, washing machines, other household appliances,
171 furniture, mattresses and similar items, the contents of which are
172 to be collected by the city or a city contractor, shall be placed
173 on the curb line of a city right-of-way no earlier than 5:00 p.m.
174 on the day before collection and by 7: 00 a .m. on the day of
175 collection. All receptacles must be removed out of view of the
176 public after collection on the day of collection, except as
177 otherwise designated by the city manager or his designee.
178 Containers for recyclables provided to townhouses shall be removed
179 out of view of the public after collection on the day of
180 collection. Except as otherwise set forth in this subsection,
181 automated refuse receptacles and containers for recyclables that
182 are not removed from public view on the day of collection may be
183 removed by the city and taken into temporary custody with posted
184 written notice to the property owner as to the location of the
185 containers and the procedure for reclaiming such containers. Some
186 residents serviced by automated collection equipment shall be
7
187 required to place the automated refuse receptacles on the opposite
188 side of the street from their house.
189 (b) Mobile containers in the resort collection zone may be
190 placed on the curb line of a city right-of-way by 6:00 a.m. on the
191 day of collection.
192 The collection of refuse from any mobile or bulk container by
193 a private contractor in the resort collection zone between April 15
194 and October 15 of each year shall be restricted to between the
195 hours of 6:00 a.m. and 10:00 a.m. daily. Any mobile container in
196 the resort collection zone placed on the curb line of a city right-
197 of-way between April 15 and October 15 must be removed from said
198 right-of-way no later than 10:00 a.m. If mobile containers are not
199 removed by that time, the city may remove them and take temporary
200 custody of such containers with posted written notice to the
201 property owner as to the location of the containers and the
202 procedure for reclaiming such containers.
203 (c) The city manager or his designee may authorize the
204 placement of mobile containers outside of the resort collection
205 zone on the curb line of a city right-of-way for collection by a
206 private contractor where access to and the servicing of such
207 containers from the commercial property is impossible or
208 impracticable because of the size or physical constraints of the
209 property. In such cases the mobile container may be placed on the
210 curb line of a city right-of-way by 6: 00 a .m. on the day of
8
211 collection. Such mobile containers shall be removed out of view of
212 the public immediately after collection.
213
(d) The city will not make refuse collections on private
214 property.
215
(e) Except as set forth in subsections (b) and (c) of this
216 section, refuse receptacles, mobile containers and bulk containers
217 used by commercial establishments and serviced by private refuse
218 collectors shall not be placed on any street or city right-of-way
219 for collection. Unless otherwise authorized by the city manager or
220 his designee, all collections shall be made directly from the
221
premises of the customer and any emptied receptacles or containers
222
shall be returned directly to such premises.
223
224
225
226
227
228
229
Sec. 31-33.
Storage or preparation of yard trash, limbs,
shrubbery, etc., for collection.
(a) Yard waste storage. Yard tr~Jh waste may be stored for
230
collection by the city ,in approved yard waste receptacles aflB or
231 yard waste containers as described in this chapter. Any yard tr~oh
232 waste that cannot be put in an approved refuse receptacle shall be
233 handled as described in subsection (b) of this section.
234
(b) Restrictions on yard waste material. All limbs, branches,
235 shrubbery and hedge trimmings generated from normal pruningT to be
236 collected by the city shall be cut into lengths not to exceed four
237 (4) feet and shall be stacked neatly by the curbline for
9
238 collection. Stacks 8hould shall not exceed four by four by four (4
239 x 4 x 4) feet, shall contain no material greater than six (6)
240 inches in diameter, and shall contain no debris generated as a
241 resul t of tree removal acti vi ty. No more than one Gfre pile per
242 week per residence shall be collected. If such material is not
243 prepared for collection as herein required, its disposal shall be
244 the responsibility of the owner or occupant of the premises.
245 (c) Violations. Except as provided in section 31-35 or as
246 allowed by the City Manager in cases of declared emergency, any
247 property owner, tenant or occupant who places, or causes to be
248 placed, any debris generated by tree removal activity on any public
249 street, alley or right-of-way, including the area between the paved
250 portion thereof and abutting property line, and who fails to remove
251 such debris within the time prescribed in the notice issued
252 pursuant to section 31-3.1 of this chapter shall be subject to a
253 civil penalty in the amount of One Hundred Dollars ($100.00) for
254 each day that the violation continues after the date specified in
255 the notice.
256 (d) Summons; procedure. In the event of a violation of any
257 of the provisions of this section, the owner, tenant or occupant of
258 the subject property shall be notified of such violation in the
259 manner provided in section 31-2.2 and directed to remedy the
260 violation within a reasonable time specified in the notice, but not
261 less than forty-eight (48) hours. If the person so notified fails
10
262 or refuses to comply with the notice of violation within the time
263 specified, or such extension of time as may be authorized by the
264 City Manager or his designee, the Code Enforcement Administrator of
265 the Department of Housing and Neighborhood Preservation or his
266 designee may issue a civil summons for a violation. In such event,
267 further proceedings shall be in accordance with section 31-3.1 (c).
268 (e) Special provisions for tree removal contractors. The
269 provisions of subsections (b), (c) and (d) hereof shall apply to
270 tree removal contractors, except that any violation of the
271 provisions of this section by a tree removal contractor shall be
272 subject to a civil penalty in the amount of Five Hundred Dollars
273 ($500.00) for an initial violation and each day thereafter that a
274 violation continues, and a civil summons may be issued against such
275 a contractor without the prior issuance of a notice of violation.
276
277 Adopted by the City Council of the City of Virginia Beach,
278 Virginia, on the 7th day of December, 2004.
11
- 41 -
Item V-K. 2.a/b/c/d
ORDINANCES/RESOLUTIONS
ITEM # 53308
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinances to A UTHORIZE acquisition of Agricultural Land Preservation
(ARP) and the easements thereon:
a. BARRY D AND PAULA W. KNIGHT re the issuance by the
City of its contract obligations in the maximum principal of
$236,589 at the Head of River Road
(DISTRICT 7 - PRINCESS ANNE)
b, CRAIG and BONNIE TALLEY re the issuance by the City of its
contract obligations in the maximum principal of $146,766 at
Head of River Road
(DISTRICT 7 - PRINCESS ANNE)
c. DIANNA G CONTE and PATRICIA C. ANGE re the issuance
by the City of its contract obligations in the maximum principal
of$180, 684 at Baum Road
(DISTRICT 7 - PRINCESS ANNE)
d. CRAIG C. and SUSAN L. CREAMER re the issuance by the
City of its contract obligations in the maximum principal of
$70,499 at Crags Causeway
(DISTRICT 7 - PRINCESS ANNE)
Voting:
9-1 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Richard A.
Maddox, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Jim Reeve
December 7, 2004
1
2 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
3 AGRICULTURAL LAND PRESERVATION EASEMENT AND
4 THE ISSUANCE BY THE CITY OF ITS CONTRACT
5 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF
6 $236,589
7
8
9 WHEREAS, pursuant to the Agricultural Lands Preservation
10 Ordinance (the "Ordinance"), Appendix J of the Code of the City of
11 Virginia Beach, there has been presented to the City Council a
12 request for approval of an Installment Purchase Agreement (the form
13 and standard provisions of which have been previously approved by
14 the City Council, a summary of the material terms of which is
15 hereto attached, and a true copy of which is on file in the City
16 Attorney's Office) for the acquisition of the Development Rights
17 (as defined in the Installment Purchase Agreement) on certain
18 property located in the City and more fully described in Exhibit B
19 of the Installment Purchase Agreement for a purchase price of
2 0 $ 2 3 6 , 58 9; and
21 WHEREAS, the aforesaid Development Rights shall be acquired
22 through the acquisition of a perpetual agricultural land
23 preservation easement, as defined in, and in compliance with, the
24 requirements of the Ordinance; and
25 WHEREAS, the City Council has reviewed the proposed terms and
26 conditions of the purchase as evidenced by the Installment Purchase
27 Agreement;
28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
29 OF VIRGINIA BEACH, VIRGINIA:
30
1.
The City Council hereby determines and finds that the
31 proposed terms and conditions of the purchase of the Development
32 Rights pursuant to the Installment Purchase Agreement, including
33 the purchase price and manner of payment, are fair and reasonable
34 and in furtherance of the purposes of the Ordinance, and the City
35 Manager or his designee is hereby authorized to approve, upon or
36 before the execution and delivery of the Installment Purchase
37 Agreement, the rate of interest to accrue on the unpaid principal
38 balance of the purchase price set forth hereinabove as the greater
39 of 4.50% per annum or the per annum rate which is equal to the
40 yield on United States Treasury STRIPS purchased by the City to
41 fund such unpaid principal balance; provided, however, that such
42 rate of interest shall not exceed 6.50% unless the approval of the
43 City Council by resolution duly adopted is first obtained.
44 2. The City Council hereby further determines that funding
45 is available for the acquisition of the Development Rights pursuant
46 to the Installment Purchase Agreement on the terms and conditions
47 set forth therein.
48 3. The City Council hereby expressly approves the
49 Installment Purchase Agreement and, subject to the determination of
50 the City Attorney that there are no defects in title to the
51 property or other restrictions or encumbrances thereon which may,
52 in the opinion of the City Attorney, adversely affect the City's
53 interests, authorizes the City Manager or his designee to execute
2
54 and deliver the Installment Purchase Agreement in substantially the
55 same form and substance as approved hereby with such minor
56 modifications, insertions, completions or omissions which do not
57 materially alter the purchase price or manner of payment, as the
58
City Manager or his designee shall approve.
The City Council
59 further directs the City Clerk to affix the seal of the City to,
60 and attest same on, the Installment Purchase Agreement. The City
61 Council expressly authorizes the incurrence of the indebtedness
62 represented by the issuance and delivery of the Installment
63 Purchase Agreement.
64
4.
The City Council hereby elects to issue the indebtedness
65 under the Charter of the City rather than pursuant to the Public
66 Finance Act of 1991 and hereby constitutes the indebtedness a
67 contractual obligation bearing the full faith and credit of the
68 City.
69
70 Adoption requires an affirmative vote of a majority of all
71 members of the Ci ty Council.
72
73
Adopted by the Council of the City of Virginia Beach,
74
Virginia, on this
7th day of December
, 2004.
75
76
77 CA-9444
78 H:jOIDjOrdinjARPmattersjknightordin.doc
79 R-1
80 November 17, 2004
3
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
APPROVED AS TO CONTENT:
~~~
/Agricultur Department
APPROVED AS TO LEGAL
City Attorney's Office
CERTIFIED AS TO AVAILABILITY OF FUNDS:
Qt~J-6< D ~
Director of Finance
4
ENCY:
AGRICUL TURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2004-61
SUMMARY OF MATERIAL TERMS
SELLER: KNIGHT, Barry D. and Paula W.
PROPERTY LOCATION: Head of River Road, Princess Anne District
PURCHASE PRICE: $236,589
EASEMENT AREA: 77.57 acres, more or less
DEVELOPMENT POTENTIAL: 8 single-family dwelling sites (4 of which are reserved for
future development)
DURATION OF EASEMENT: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 4.50% (actual rate to be determined when STRIPS are purchased prior to
execution of IP A). Rate may not exceed 6.50% without approval of City Council.
TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from
IP A date
RESTRICTIONS ON TRANSFER: IP A ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and delivery of IP A.
1
2 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
3 AGRICULTURAL LAND PRESERVATION EASEMENT AND
4 THE ISSUANCE BY THE CITY OF ITS CONTRACT
5 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF
6 $146,766
7
8
9 WHEREAS, pursuant to the Agricultural Lands Preservation
10 Ordinance (the "Ordinance"), Appendix J of the Code of the City of
11 Virginia Beach, there has been presented to the City Council a
12 request for approval of an Installment Purchase Agreement (the form
13 and standard provisions of which have been previously approved by
14 the City Council, a summary of the material terms of which is
15 hereto attached, and a true copy of which is on file in the City
16 Attorney's Office) for the acquisition of the Development Rights
17 (as defined in the Installment Purchase Agreement) on certain
18 property located in the City and more fully described in Exhibit B
19 of the Installment Purchase Agreement for a purchase price of
2 0 $14 6 , 7 6 6; and
21 WHEREAS, the aforesaid Development Rights shall be acquired
22 through the acquisition of a perpetual agricultural land
23 preservation easement, as defined in, and in compliance with, the
24 requirements of the Ordinance; and
25 WHEREAS, the City Council has reviewed the proposed terms and
26 conditions of the purchase as evidenced by the Installment Purchase
27 Agreement;
28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
29 OF VIRGINIA BEACH, VIRGINIA:
30 1. The City Council hereby determines and finds that the
31 proposed terms and conditions of the purchase of the Development
32 Rights pursuant to the Installment Purchase Agreement, including
33 the purchase price and manner of payment, are fair and reasonable
34 and in furtherance of the purposes of the Ordinance, and the City
35 Manager or his designee is hereby authorized to approve, upon or
36 before the execution and delivery of the Installment Purchase
37 Agreement, the rate of interest to accrue on the unpaid principal
38 balance of the purchase price set forth hereinabove as the greater
39 of 4.25% per annum or the per annum rate which is equal to the
40 yield on United States Treasury STRIPS purchased by the City to
41 fund such unpaid principal balance; provided, however, that such
42 rate of interest shall not exceed 6.25% unless the approval of the
43 City Council by resolution duly adopted is first obtained.
44 2. The City Council hereby further determines that funding
45 is available for the acquisition of the Development Rights pursuant
46 to the Installment Purchase Agreement on the terms and conditions
47 set forth therein.
48 3. The City Council hereby expressly approves the
49 Installment Purchase Agreement and, subject to the determination of
50 the City Attorney that there are no defects in title to the
51 property or other restrictions or encumbrances thereon which may,
52 in the opinion of the City Attorney, adversely affect the City's
53 interests, authorizes the City Manager or his designee to execute
2
54 and deliver the Installment Purchase Agreement in substantially the
55 same form and substance as approved hereby with such minor
56 modifications, insertions, completions or omissions which do not
57 materially alter the purchase price or manner of payment, as the
58
Ci ty Manager or his designee shall approve.
The City Council
59 further directs the City Clerk to affix the seal of the City to,
60 and attest same on, the Installment Purchase Agreement. The City
61 Council expressly authorizes the incurrence of the indebtedness
62 represented by the issuance and delivery of the Installment
63 Purchase Agreement.
64
4.
The City Council hereby elects to issue the indebtedness
65 under the Charter of the City rather than pursuant to the Public
66 Finance Act of 1991 and hereby constitutes the indebtedness a
67 contractual obligation bearing the full faith and credit of the
68 City.
69
70 Adoption requires an affirmative vote of a majority of all
71 members of the Ci ty Council.
72
73
Adopted by the Council of the City of Virginia Beach,
74
Virginia, on this 7th
day of December
, 2004.
75
76
77 CA- 9441
78 H:/OID/Ordin/ARPmatters/talleyordin.doc
79 R-1
80 November 17, 2004
3
81
82
83
84
85
86
87
88
89
90
91
92
93
94
APPROVED AS TO CONTENT:
~2--,-~-
Agriculture epartrnent
APPROVED AS TO
CERTIFIED AS TO AVAILABILITY OF FUNDS:
. Q~fw~j () Q#Jt)I/
Dlrector of Flnance
4
IENCY:
AGRICUL TURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2004-65
SUMMARY OF MATERIAL TERMS
SELLER:
TALLEY, Craig & Bonnie
PROPERTY LOCATION: Head of River Road, Princess Anne District
PURCHASE PRICE: $146,766
EASEMENT AREA: 32.08 acres, more or less
DEVELOPMENT POTENTIAL: 4 single-family dwelling sites (1 of which is reserved for
future development)
DURATION OF EASEMENT: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 4.25% (actual rate to be determined when STRIPS are purchased prior to
execution ofIP A). Rate may not exceed 6.25% without approval of City Council.
TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from
IP A date
RESTRICTIONS ON TRANSFER: IP A ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and delivery of IP A.
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1
2 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
3 AGRICULTURAL LAND PRESERVATION EASEMENT AND
4 THE ISSUANCE BY THE CITY OF ITS CONTRACT
5 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF
6 $180,684
7
8
9 WHEREAS, pursuant to the Agricultural Lands Preservation
10 Ordinance (the "Ordinance"), Appendix J of the Code of the City of
11 Virginia Beach, there has been presented to the City Council a
12 request for approval of an Installment Purchase Agreement (the form
13 and standard provisions of which have been previously approved by
14 the City Council, a summary of the material terms of which is
15 hereto attached, and a true copy of which is on file in the City
16 Attorney's Office) for the acquisition of the Development Rights
17 (as defined in the Installment Purchase Agreement) on certain
18 property located in the City and more fully described in Exhibit B
19 of the Installment Purchase Agreement for a purchase price of
2 0 $18 0 , 6 84; and
21 WHEREAS, the aforesaid Development Rights shall be acquired
22 through the acquisition of a perpetual agricultural land
23 preservation easement, as defined in, and in compliance with, the
24 requirements of the Ordinance; and
25 WHEREAS, the City Council has reviewed the proposed terms and
26 conditions of the purchase as evidenced by the Installment Purchase
27 Agreement;
28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
29 OF VIRGINIA BEACH, VIRGINIA:
J
30
1.
The City Council hereby determines and finds that the
31 proposed terms and conditions of the purchase of the Development
32 Rights pursuant to the Installment Purchase Agreement, including
33 the purchase price and manner of payment, are fair and reasonable
34 and in furtherance of the purposes of the Ordinance, and the City
35 Manager or his designee is hereby authorized to approve, upon or
36 before the execution and delivery of the Installment Purchase
37 Agreement, the rate of interest to accrue on the unpaid principal
38 balance of the purchase price set forth hereinabove as the greater
39 of 4.50% per annum or the per annum rate which is equal to the
40 yield on United States Treasury STRIPS purchased by the City to
41 fund such unpaid principal balance; provided, however, that such
42 rate of interest shall not exceed 6.50% unless the approval of the
43 City Council by resolution duly adopted is first obtained.
44 2. The City Council hereby further determines that funding
45 is available for the acquisition of the Development Rights pursuant
46 to the Installment Purchase Agreement on the terms and conditions
47 set forth therein.
48 3. The City Council hereby expressly approves the
49 Installment Purchase Agreement and, subject to the determination of
50 the City Attorney that there are no defects in title to the
51 property or other restrictions or encumbrances thereon which may,
52 in the opinion of the City Attorney, adversely affect the City's
53 interests, authorizes the City Manager or his designee to execute
2
54 and deliver the Installment Purchase Agreement in substantially the
55 same form and substance as approved hereby with such minor
56 modifications, insertions, completions or omissions which do not
57 materially alter the purchase price or manner of payment, as the
58
City Manager or his designee shall approve.
The City Council
59 further directs the City Clerk to affix the seal of the City to,
60 and attest same on, the Installment Purchase Agreement. The City
61 Council expressly authorizes the incurrence of the indebtedness
62 represented by the issuance and delivery of the Installment
63 Purchase Agreement.
64
4 .
The City Council hereby elects to issue the indebtedness
65 under the Charter of the City rather than pursuant to the Public
66 Finance Act of 1991 and hereby constitutes the indebtedness a
67 contractual obligation bearing the full faith and credit of the
68 City.
69
70 Adoption requires an affirmative vote of a majority of all
71 members of the Ci ty Council.
72
73
Adopted by the Council of the City of Virginia Beach,
74
Virginia, on this
7th
day ot December
, 2004.
75
76
77 CA- 9443
78 H:/OID/Ordin/ARPmatters/conte&angeordin.doc
79 R-1
80 November 17, 2004
3
81
82
83
84
85
86
87
88
89
90
91
92
93
94
APPROVED AS TO CONTENT:
~2--,-- k .
Agricultu e Department
APPROVED AS TO LEGAL
CERTIFIED AS TO AVAILABILITY OF FUNDS:
DiG1~#iQ~~
4
CIENCY:
1--
AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2004-62
SUMMARY OF MATERIAL TERMS
SELLER:
CONTE, Dianna C. and ANGE, Patricia C..
PROPERTY LOCATION: Baum Road, Princess Anne District
PURCHASE PRICE: $180,684
EASEMENT AREA: 43.02 acres, more or less
DEVELOPMENT POTENTIAL: 4 single-family dwelling sites (1 of which is reserved for
future development)
DURATION OF EASEMENT: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 4.50% (actual rate to be determined when STRIPS are purchased prior to
execution of IP A). Rate may not exceed 6.50% without approval of City Council.
TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from
IP A date
RESTRICTIONS ON TRANSFER: IP A ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and delivery ofIP A.
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1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
2 AGRICULTURAL LAND PRESERVATION EASEMENT AND
3 THE ISSUANCE BY THE CITY OF ITS CONTRACT
4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF
5 $70,499
6
7
8 WHEREAS, pursuant to the Agricultural Lands Preservation
9 Ordinance (the "Ordinance"), Appendix J of the Code of the City of
10 Virginia Beach, there has been presented to the City Council a
11 request for approval of an Installment Purchase Agreement (the form
12 and standard provisions of which have been previously approved by
13 the City Council, a summary of the material terms of which is
14 hereto attached, and a true copy of which is on file in the City
15 Attorney's Office) for the acquisition of the Development Rights
16 (as defined in the Installment Purchase Agreement) on certain
17 property located in the City and more fully described in Exhibit B
18 of the Installment Purchase Agreement for a purchase price of
19 $ 7 0 , 4 99; and
20 WHEREAS, the aforesaid Development Rights shall be acquired
21
through the acquisition of a perpetual agricultural
land
22 preservation easement, as defined in, and in compliance with, the
23 requirements of the Ordinance; and
24 WHEREAS, the City Council has reviewed the proposed terms and
25 conditions of the purchase as evidenced by the Installment Purchase
26 Agreement;
27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
28 OF VIRGINIA BEACH, VIRGINIA:
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
1. The City Council hereby determines and finds that the
proposed terms and conditions of the purchase of the Development
Rights pursuant to the Installment Purchase Agreement, including
the purchase price and manner of payment, are fair and reasonable
and in furtherance of the purposes of the Ordinance, and the City
Manager or his designee is hereby authorized to approve, upon or
before the execution and delivery of the Installment Purchase
Agreement, the rate of interest to accrue on the unpaid principal
balance of the purchase price set forth hereinabove as the greater
of 4.25% per annum or the per annum rate which is equal to the
yield on United States Treasury STRIPS purchased by the City to
fund such unpaid principal balance; provided, however, that such
rate of interest shall not exceed 6.25% unless the approval of the
City Council by resolution duly adopted is first obtained.
2. The City Council hereby further determines that funding
is available for the acquisition of the Development Rights pursuant
to the Installment Purchase Agreement on the terms and conditions
set forth therein.
3. The City Council hereby expressly approves the
Installment Purchase Agreement and, subject to the determination of
the City Attorney that there are no defects in title to the
property or other restrictions or encumbrances thereon which may,
in the opinion of the City Attorney, adversely affect the City's
interests, authorizes the City Manager or his designee to execute
2
53 and deliver the Installment Purchase Agreement in substantially the
54 same form and substance as approved hereby with such minor
55 modifications, insertions, completions or omissions which do not
56 materially alter the purchase price or manner of payment, as the
57
Ci ty Manager or his designee shall approve.
The City Council
58 further directs the City Clerk to affix the seal of the City to,
59 and attest same on, the Installment Purchase Agreement. The City
60 Council expressly authorizes the incurrence of the indebtedness
61 represented by the issuance and delivery of the Installment
62 Purchase Agreement.
63
4.
The City Council hereby elects to issue the indebtedness
64 under the Charter of the City rather than pursuant to the Public
65 Finance Act of 1991 and hereby constitutes the indebtedness a
66 contractual obligation bearing the full faith and credit of the
67 City.
68
69 Adoption requires an affirmative vote of a majority of all
70 members of the Ci ty Council.
71
72
Adopted by the Council of the City of Virginia Beach,
73
Virginia, on this 7th
day of December
, 2004.
74
75
76 CA-9444
77 H:/OID/Ordin/ARPmatters/creamerordin.doc
78 R-1
79 November 17, 2004
3
80
81
82
83
84
85
86
87
88
89
90
91
92
93
APPROVED AS TO CONTENT:
h~_~ ~
Agricultu e Department
APPROVED AS
CERTIFIED AS TO AVAILABILITY OF FUNDS:
Dir~tj{1~aafJM~
4
FICIENCY:
AGRICUL TURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2004-66
SUMMARY OF MATERIAL TERMS
SELLER:
CREAMER, Craig C. and Bonnie L.
PROPERTY LOCATION: Crags Causeway, Princess Anne District
PURCHASE PRICE: $70,499
EASEMENT AREA: 25.18 acres, more or less
DEVELOPMENT POTENTIAL: 2 single-family dwelling sites (1 of which is reserved for
future development)
DURATION OF EASEMENT: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 4.25% (actual rate to be determined when STRIPS are purchased prior to
execution ofIPA). Rate may not exceed 6.25% without approval of City Council.
TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from
IP A date
RESTRICTIONS ON TRANSFER: IP A ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and delivery ofIPA.
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- 42-
Item V-K.3.
ORDINANCES/RESOLUTIONS
ITEM # 53309
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinances to A UTHORIZE acquisition of property at Birdneck Road
re the Resort Area maintenance facility to ESTABLISH the Beach
Maintenance facility and APPROPRIATE $1,609,262 from the fund
balance for this project
Voting:
10-0 (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, Peter W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Jim Reeve
December 7, 2004
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY LOCATED ON BIRDNECK ROAD FOR
3 RELOCATION OF THE RESORT AREA MAINTENANCE
4 FACILITY FROM A. STANLEY MUNDY & CO. OR RCE,
5 LLC, and FROM T.R. PRITCHARD AND WILLIAM
6 DOZIER, TO ESTABLISH CIP #3-418, "BEACH
7 MAINTENANCE FACILITY," AND TO APPROPRIATE
8 $1,609,262 FROM THE FUND BALANCE
9
10 WHEREAS, on behalf of the City, the City Manager and
11 City staff have engaged in negotiations with RCE, LLC, for the
12 purchase of properties owned by A. Stanley Mundy & Co., for which
13 RCE, LLC is the contract-purchaser, and owned by T.R. Pritchard
14 and William Dozier, both properties being located on Birdneck
15 Road north of the Owl's Creek Golf Center and adjacent to City
16 property; and
17 WHEREAS, the properties are needed by the City for the
18 relocation of the City's resort area maintenance facility and/or
19 other public uses.
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
21 CITY OF VIRGINIA BEACH, VIRGINIA:
22
1 .
That the City Council authorizes the acquisition,
23 by purchase, of the properties as described In Exhibit A and as
24 depicted on Exhibit B both attached hereto.
25
2 .
That such acquisition by the City of the property
26 owned by A. Stanley Mundy & Co. shall be either directly from A.
27 Stanley Mundy & Co. or shall be subject to the acquisition of
28 the property by RCE, LLC, in accordance with RCE, LLC's purchase
29 contract with A. Stanley Mundy & Co.
30
3 .
That the City Manager or his designee is
31 authorized to execute on behalf of the City of Virginia Beach,
30 in accordance with the terms contained in the Summary of Terms
31 attached hereto as Exhibit C and in a form acceptable to the
32 City Attorney, Agreements of Sale for the purchase of the
33 properties, for the sum of $1,606,762 plus not more than $2,500
34 for the City's title insurance policies and costs incurred.
35
4.
That CIP Project #3-418, "Beach Maintenance
36 Facility," is hereby established as a capital project in the
37 City's Capital Improvement Program.
38
5.
That $1,609,262 is hereby appropriated from
39 General Fund fund balance to Project #3-418, "Beach Maintenance
40 Facility," in the FY 2004-05 Capital Budget to provide funding
41 for the purchase of necessary property, with estimated revenue
42 increased accordingly.
43 An affirmative vote of a majority of the members of
44 City Council is required.
45 Adopted by the Council of the City of Virginia Beach,
46 Virginia, on the 7th day of December ,2004.
CA-9427
F: \Data \ATY\OID\REAL ESTATE\Commercial proj ects\14th St Utility
Yard\Ordinance vr2.doc
R-2
November 24, 2004
APPROVED AS TO LEGAL SUFFICIENCY:
Cit~y's Office
A~O
Pu lic Works
Content:
~~:
EXHIBIT A
A. Stanley Mundy/RCE. LLC Parcel (GPIN: 2417-41-8550)
All that certain lot, piece or parcel of land together with
improvements thereon belonging, lying, situated and being in the
City of Virginia Beach, Virginia and being known, number and
designated as Parcel B-2 as shown on that certain plat entitled
"Subdivision of Property of A. Stanley Mundy Co., 'Parcel B'
Lynnhaven Borough, Virginia Beach, Virginia", which said plat is
duly recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia in Map Book 135, at page 47.
It being a part of the same property conveyed to A. Stanley Mundy
& CO., a New Jersey Partnership by deed from Leroy T. Canoles,
Jr. and Kevin R. Murphy, substitute Trustees, dated April 30, 1974
and recorded May 9, 1974 in Deed Book 1419, at page 95.
T. R. Pritchard/William Dozier Parcel (GPIN: 2417-51-1310)
All that certain lot, piece or parcel of land, situate in the Borough
of Lynnhaven, in the City of Virginia Beach, State of Virginia
being known, numbered and designated as part of Parcel A, 0.911
acres which property is set forth on the plat of Property for Gabor,
Inc., which is recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia in Map Book 72, at Page 40,
less and except that portion of the property conveyed to the City of
Virginia Beach, Virginia, recorded in Deed Book 1242, at page
183. All as more particularly described in the survey of Alton
Butler dated March 30, 1989 recorded in aforesaid Clerk's Office
in Deed Book 2818, at page 144.
It being all the same property conveyed to T.R. Pritchard and L.R.
Gallaher by deed from A. Stanley Mundy & Company, a New
Jersey Partnership, dated October 4, 1979 and recorded October
17, 1979 in Deed Book 1953, at page 132. L.R. Gallaher's
undivided ~ interest was conveyed to William N. Dozier by deed
dated April 14, 1989 from L.R. Gallaher and Patricia Ann
Gallaher, husband and wife, recorded in Deed Book 2818, at page
142.
EXHIBIT C
SUMMARY OF TERMS
PRITCHARD/DOZIER PARCEL
PROPERTY:
SELLERS:
PURCHASE
PRICE:
:t 0.911 Acres fronting on Birdneck Road, GPIN # 2417-51-1310
T. R. Pritchard and William Dozier
$209,667
A. STANLEY MUNDY PARCEL
PROPERTY:
OWNER:
CONTRACT
PURCHASER!
SELLER:
PURCHASE
PRICE:
+ 5.279 Acres fronting on Birdneck Road, GPIN # 2417-41-8550
A. Stanley Mundy & Co.
RCE, LLC, a Virginia limited liability company
$1,397,095
TERMS AS TO BOTH PARCELS
CONTINGENCIES
TO PURCHASE:
SETTLEMENT:
-Agreements of sale for purchase of and
simultaneous closings on both parcels.
-Confirmation of marketable and insurable title pursuant to City's title
commitment.
-Council approval of and appropriation for the purchase.
-Dismissal of pending litigation affecting the property or in the alternative,
indemnification of City with regard to any claim asserted against the City
relating to the litigation.
Within 2 days of council approval of the purchase, so long as all
contingency conditions are met.
F:\Data\ATY\OID\REAL ESTATE\Commercial Projects\14th St Utility Yard\SUMMARY OF TERMS.doc
~ <;...
- '.,
LOCATION MAP
SHOWING
GPIN 2417-41-8550 (PROPERTY OF A.
STANLEY MUNDY & CO.)
GPIN 2417-51-1310 (PROPERTY OF T. R.
PRITCHARD;WILLIAM N. DOZIER)
MUNDY PRICHARD & DOZIER.DGN j.L.M.
PREPARED BY P;W ENG. CADD DEPT. NOVEMBER 19,2004
- 43-
Item V-K.4a/b/c/d
ORDINANCES/RESOLUTIONS
ITEM # 53310
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinance re Cops Interoperable Communications Technology Grant:
a. ESTABLISH and DEVELOP a regional Interoperable
Communications Network
b. ACCEPT and APPROPRIATE $6,000,000 from the us.
Department of Justice
c. APPROPRIATE $363,500 from the fund balance of the E-911
Communications fund
d. TRANSFER $1,800,000 to the Communication Infrastructure
Replacement
Voting:
10-0 (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, Peter W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Jim Reeve
December 7, 2004
AN ORDINANCE TO ESTABLISH CIP PROJECT #3-352,
"COPS INTEROPERABLE COMMUNICATIONS TECHNOLOGY
GRANT, " AND TO ACCEPT AND APPROPRIATE
$6,000,000 FROM THE U.S. DEPARTMENT OF JUSTICE
AND APPROPRIATE $363,500 FROM THE FUND BALANCE
OF THE E-911 COMMUNICATIONS FUND TO THIS
PROJECT
WHEREAS, the U.S. Department of Justice has authorized a grant
of $6,000,000 to the City of Virginia Beach as part of the 2003
COPS Interoperable Communications Grant Program, and this grant
requires the remaining $2,163,500 to be provided as a local match.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1.
That CIP Project #3-352,
"COPS Interoperable
Communications
Technology
Grant"
is
hereby
established in the Capital Improvement Program for
the purpose of developing a regional interoperable
communications network.
2.
That $6,000,000 is hereby accepted from the U.S.
Department of Justice and appropriated to CIP
Project #3-352, "COPS Interoperable Communications
Technology Grant," in the FY 2004-05 Capital
Budget, with revenue from the federal government
increased.
3.
That $363,500 is hereby appropriated from the fund
balance of the E-911 Communication Fund to CIP
Project #3-352, "COPS Interoperable Communications
Technology Grant," in the FY 2004-05 Capital
Budget, with revenue from local sources increased
accordingly.
4 .
That $1,800,000 is hereby transferred in the FY
2004-05 Capital Budget from CIP Project #3-281,
"CIT - Communication Infrastructure Replacement" to
CIP
Project
#3-352,' "COPS
Interoperable
Communications Technology Grant."
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 7th day of December 2004.
Requires an affirmative vote by a majority of the members of
the City Council.
APPROVED AS TO CONTENT
il ~IC
TO LEGAL
CA9446
R2
November 23, 2004
H:\PA\GG\ORDRES\COPS Interoperable Communications Grant Ord.doc
U. S. Department of Justice
Community Oriented Policing Services
Grants Administration Division (GAD)
COPS Interoperable Communications Technolo~y Grant Award
Grant#: 2004INVVX0019
OR1#: VA12800
Applicant Organization's Legal Name: Virginia Beach, City of
Vendor #: 540722061
Pr02ram Official: Chief Alfred M. Jacocks, Jr.
Address: Municipal Center, Building II
240 I Court House Drive
City, State, Zip Code: Virginia Beach, V A 23456
Telephone: (757) 427-4141
Fax: (757) 427-9163
Financial Officer: City Manager James K. Spore
Address: Municipal Center, Building I
2401 Court House Drive
City, State, Zip Code: Virginia Beach, VA 23456
Telephone: (757) 427-4242
Fax: (757) 427-4135
Award Start Date:
Award Amount:
9/1/2004
$ 6,000,000.00
Award End Date: 8/31/2005
SEP 1 0 '004
Date
Carl R. Peed, Director
41fred M. Jacocks, Gr.
ChfefJof.Police~i
typed Name and Title of the Program Official
.James K. Spore
Gity Manager
Typed Name and Title of the Financial Officer
~
th the Authority to
False statements or claims made in connection with COPS grants may result in fines, imprisonment, debarment from
participating in federal grants or contracts, and/or any remedy available by law to the Federal Government.
Oct. 22. 04
Date
I~JJslcH
Award ID: 81579
U.S_ Department of Justice
Offi ce of Community Oriented Policing Services
Office of the Director
1100 Vermont Avenue, N. W.
Washington, D.C. 20530
September 23,2004
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r-;;~~ ;~~' 2004"~1 1) i
. L,~m' '=~"..""..' . ,......~J
..~!R~lr\~~jjilit{t~E:tN~t~ ~~p~:., j
Chief Alfred Jacocks, Jr.
City of Virginia Beach
Municipal Center, Building 11
2401 Court House Drive
Virginia Beach, VA 23456
Dear ChiefJacocks, Jr.:
Congratulations! On behalf of Attorney General John Ashcroft, I am pleased to inform you that the
Office of Community Oriented Policing Services (COPS) has approved your agency's request for fui1ding
under the COPS Interoperable Communications Technology Grant Program. The official start date ofyollr
grant is September 1,2004.
. Enclosed in this packet is your grant Award Document, which you must sign and return to the
COPS Office within 90 days to officially accept your grant. Failure to return the signed Award Document
within the 90-day period could result in the withdrawal of the funding without further notice from the COPS
Office.
The Award Document provides the total amount of federal funds awarded to your agency. On the
reverse side of the Award Document is a list of conditions that apply to your. grant. In addition, attached
with your Award Document are the Construction Grant Conditions. You should read and familiarize
yourself with all conditions of this grant. These must also be signed and returned to the COPS Office to
officially accept the grant. You must comply with the requirements of any special conditions, such as
seeking sole source justification, consultant rate justification above $450 per day, and environmental review
pursuant to the National Environmental Policy Act (NEP A), before you will be able to draw down grant
funds for those purposes. You will also find materials enclosed relating to payment methods and
procedures for receiving your grant funds. Other Important grants management details were already
provided with the Grant Guidance document sent to your agency in June 2004. Information about the
mandatory technical assistance conference will be forthcoming once logistic's are completed. .
Once again, congratulations on your COPS Interoperable Communications Technology award.
Should you have any questions regarding your COPS grant, please do not hesitate to call the Grants
Administration Division point of contact, Pete Borges, at 202-616-9420.
Sincerely,
GJ \Z ~Q
Carl R. Peed
Director
u. S. Department of Justice
Community Oriented Policing Services
Grants Administration Division (GAD)
COPS Interoperable Communications Technology Grant Award
J 100 Vermont Avenue, NW
Wa.~hingt()n, DC 20530
Memorandum
To:
Alfred M. Jacocks, Jr., Chief
V irginia Beach, City of
From:
Robert A. Phillips, Deputy Director of Operations, Grants Administration //~
Karen Molina, Grant Program Specialist, Grants AdministratiQ!} ,? . ' _.././ ./~'
MMcia T. Savoy, Staff Aooountant, Fmance Divi,inn ~/~ ~!?~41ff?'
COPS Interoperable Communications Technology Grant Award Financial Clearance Memo ,/
A financial analysis of budgeted costs has been completed. Costs under this award appear reasonable, allowable, and
consistent with existing guidelines. Exceptions / Adjustments are noted below.
Re:
Vendor #: 540722061
OR! #: V A12800
Grant #: 2004INWX0019
Budget Category Proposed Budget Approved Budget Adjustments Disallowed Reasons/Comments
Equipment $6,463,000,00 $6,463,000.00 $0.00
Consultants/Contractors $1,697,700.00 $1,697,700.00 $0,00
Other $2,800.00 $2,800.00 $0.00
Direct Costs: $8,163,500.00 $8,163,500.00. $0.00
Indirect Costs: $0.00 $0,00 $0.00
--.-..-------------..._-- ..___________...._______________________________________0______.--------------------------------
........----.--------.-.... -._------------....-.-.....__._--------------------_..----.---.----.-.-...----------------------
Grand Total $8,163,500.00 $8,163,500.00 $0.00
Grand Total: Federal Share: $ 6,000,000.00
Applicant Share: $ 2,163,500.00
Cleared Date:
9/7/2004
Overall Comments:
Prior to the obligation, expenditure or drawdown of grant funds for non-competitive contracts in excess of $100,000, grantee must
submit a sole source justification to the COPS Office for review and approval. Prior to the obligation, expenditure or draw down of
grant funds for independent consultant fees in excess of $450 per day, approval must be obtained from the COPS Office.
- 44-
Item V-K.5a1b
ORDINANCES/RESOLUTIONS
ITEM # 53311
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinance re School REVERSION FUNDS:
a. APPROPRIATE $18,276, 602 within the Virginia Beach School
FY 2004-05 Operating and FY 2004-05 Capital Budgets re:
(i) $1,500,000 to the Instructional Category for SOL Incentive
funds for Schools
(ii) $5,000,000 to the School Instructional Technology fund re cyclical
replacement of instructional technology
(iii) $1,800,000 to Telecommunication Infrastructure Replacement
(iv)$3,155,888 re Interior cameras for elementary schools, updated
fire suppression units, digital recorders to replace VCR's, sets of
calculators, scanners for all schools, and musical instrument
repairs and replacement
(v) $1,448,021 to the School Reserve Special Revenue Fund
(vi) $5,372,693 to RE-ESTABLISH the Alternative Education
Facility Phase II*
b, ACCEPT and APPROPRIATE $6,266,052 in additional grant
funding to the Schools in the FY 2004-05 Operating Budget
(i) $3,868,455 from the federal government
(ii) $2,369,585 from the state
(iii) $ 28,012 from othersources
(iv) $ 466,967 from the Us. Department of Education Office
for Safe and Drug Free Schools
December 7, 2004
- 45 -
Item V-K.5a/b
ORDINANCES/RESOLUTIONS
ITEM # 53311 (Continued)
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Peter W. Schmidt,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Jim Reeve
*Council Members Dyer, McClanan and Wilson voted a VERBAL NA Yon K.5.a(vi) Alternative Education Facility
Phase IL
December 7,2004
1
2
3
4
5
6
7
8
9
10
AN ORDINANCE TO APPROPRIATE
$18,276,602 IN FY 2003-04 VIRGINIA
BEACH SCHOOL REVERSION FUNDS TO THE
FY 2004-05 SCHOOL OPERATING BUDGET
AND FY 2004-05 CAPITAL BUDGET AND TO
ESTABLISH CIP PROJECT # 1-085,
"ALTERNATIVE EDUCATION FACILITY
PHASE II," AND RE-ESTABLISH CIP
PROJECT # 1-211, "SCHOOL OPERATING
BUDGET SUPPORT"
6
WHEREAS, a total amount of $18,276,602 in FY 2003-04 Virginia
7 Beach Public School reversion funds are available for appropriation
8 to the School Board; and
9 WHEREAS, by resolution dated November 16, 2004, the School Board
10 requested the City Council to appropriate these funds to the FY 2004-
11 05 Capital Budget and School Operating Budget.
12
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
13 VIRGINIA BEACH, VIRGINIA:
14
1.
That CIP Project # 1-085, "Alternative Education Facility -
15 Phase I I," is hereby established, and CI P proj ect # 1-211, "School
16 Operating Budget Support," is re-established.
17
2.
That $18,276,602 in school reversion funds are hereby
18 appropriated from the General Fund to the FY 2004-05 Capital Budget
19 and School Operating Budget in the amounts and for the purposes set
20 forth below:
21
(a) $1,500,000 to the Instructional Category for SOL Incentive
22 Funds for schools;
23
(b) $5,000,000 to the School Instructional Technology Fund to
24 fund the cyclical replacement of instructional technology;
25
(c)
$1,800,000 to CIP #1-030, "Telecommunication Infrastructure
26 Replacement," for equipment and infrastructure;
27
( d)
$3,155,888 to CIP #1-211, "Operating Budget Support," for
28 interior cameras for elementary schools, updated fire suppression
29 units, digital recorders to replace VCRs in elementary schools,
30 classroom sets of calculators for elementary schools, scanners for
31 all schools, and musical instrument repairs and replacements;
32
(e) $1,448,021 to the School Reserve Special Revenue Fund; and
33
(f) $5,372,693 to CIP #1-085, "Alternative Education Facility -
34 Phase II".
35
3.
That estimated revenue from use of the Fund Balance of the
36 General Fund is increased by $18,276,602.
30 Adopted by the Council of the City of Virginia Beach, Virginia
31
on the 7th
day of Decemb.er2004.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
~~'vr.
City Attorne Office'
CA9440
R4
December 1, 2004
H:\PA\GG\ORDRES\2004 Reversion Ord.doc
\\ Iw;loq -1- IAPo~:;-~~
+ IRGINIA BEACH CITY ~~BLlC SCHOOLS
AHEAD OF THE CURVE
MEMORANDUM
FROM:
~. James K. Spore, City Manager
Mrs. Ruth Hodges Smith, City Clerk
Dianne P. Alexander, Secretary/Clerk of the Board~k
School Board Services
TO:
SUBJECT: School Board Resolution
DATE:
November 17, 2004
Please find attached certified copies of a RESOLUTION REGARDING FY2003/04
REVERSION AND ACTUAL OVER BUDGET FUNDS adopted by the School Board of
the City of Virginia Beach, November 16, 2004. The Clerk of the School Board is
directed to deliver copies to the Mayor, each member of the City Council, the City
Manager, and the City Clerk.
Feel free to contact me should you have any questions.
Attachment
if::- ::-"r;- (',)'""*[',:'~-VI"l-'\\tI ~"I';:'~"i"":..'1.
: ':"II.~ llry:, ," '/ I /. ."
:; ;...:.:~!,.,.~.':: ;'-"-" -.....~ ',_rT~~M~-'-""""" ;:, :;-':_;~'~""\::'l
~ .:'~'\! '; 2 ;;:.:~:
I I
I !
I . ... . .....' .. ... .I I
I o;.;';~': nr '!!i( C!;\' .;!:.~\i"'\::t.i. I
t .:.r, i ~j.r. ".::~.~I. ': ~.i:'.',~..;..~.:<~.~. __.._.~_...j
School Administration Building . 2512 George Mason Drive · P.O, Box 6038 . Virginia Beach, VA 23456-0038
+IRGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF THE CURVE
SCHOOL BOARD
Daniel 0, Edwards
Chairman
Dismct1 - CentelVille
1513 Beachview Drive
VA Beach, VA 23464
495-3551 (h) .717-0259 (cell)
Sandra Smith.Jones
Vice Chairman
District 2 - Kempsville
705 Rock Creek Court
VA Beach, VA 23462
490-8167 (h)
Rlla Sweet Bellltto
At-Large
P.O. Box 64909
VA Beach, VA 23467
418-0960 (h)
Jane S. Brooks
District 6 - Beach
721 Hilltop Road
V A Beach, VA 23454
425-1597 (h)
Emma L "Em" Davis
Districl 5 - Lynnhaven
1125 Michaelwood Drive
V A Beach, VA 23452
340-8911 (h)
Edward F, Fisslnger, Sr,
At-Large
412 Becton Place
VA Beach, VA 23452
486-4567 (h)
Dan R, Lowe
Dlslricl 4 - Bayslde
4617 Red Coat Road
VA Beach, VA 23455
490-3681 (h)
Michael W. Stewart
District 3 . Rose Hall
105 Brenlwood Court
VA Beach, VA 23452
498-4303 (h) . 445-4637 (w)
Arthur T, Tate
AI-large
1709 Ladysmilh Mews
VA Beech, VA 23455
460-5451 (h)
Carolyn D. Weems
AI-Large
1420 Claudia Drive
VA Beach, VA 23455
464-6674 (h)
LoIs S. Williams, Ph.D.
Districl 7 - Princess Anne
2532 Las Corrales Court
VA Beach, VA 23456
233-0891 (w)
SUPERINTENDENT
Timothy R, Jenney, Ph.D,
2512 George Mason Drive
VA Beach, VA 23456
263-1007
RESOLUTION REGARDING FY 2003/04 REVERSION AND ACTUAL OVER BUDGET FUNDS
WHEREAS, on September 21, 2004 Ihe School Board was presented with a summary of the un-audited financial
statement for FY 2003/04 realizing $13,205,888 in reversion funds; and
WHEREAS, the reversion funds are the result of $6,476,862 in additional revenue and $6,729,026 in expenditures
savings; and
WHEREAS, the Revenue Sharing Policy provides for the application of the formula to any actual revenues in excess
of budgeted revenues; and
WHEREAS, the FY 2004/05 Actual Over Budget provides $6,820,714 for allocation by the School Board to non-
recurring purposes; and
WHEREAS, the total funds available to the School Board are $20,026,602; and
WHEREAS, on September 28, 2004, the City Council appropriated $1,750,000 from Ihe reversion funds to the
School Board for the purpose of bus and vehicle replacement; and
WHEREAS, the total remaining to the School Board for allocation is $18,276,602; and
WHEREAS, the Administration recommends the following uses for the $20 million available:
. $1,500,000 to the Instructional Category for SOL Incentive Funds for schools
· $5,000,000 to Fund 108, School Instructional Technology Fund to fund the cyclical replacement of
instructional technology (infrastructure and equipment)
. $1,800,000 to CIP 1-030 Telecommunication Infrastructure Replacement for equipment and infrastructure
. $2,000,000 to CIP 1.211 Operating Budget Support for interior cameras for elementary schools, to update
the fire suppression units, to replace VCR's in elementary school with digital recorders
. $1,155,888 to CIP 1-211 Operating Budget Support for classroom sets of calculators for Elementary
Schools, scanners for all schools and musical instrument repairs and replacements
. $1,448,021 to the School Reserve Special Revenue Fund bringing the total in the fund to $2,896,042
. $5,372,693 Alternative Education Facility - Phase 11
Now, therefore, be it
RESOLVED: That the Board approves the recommended uses of the FY 2003/04 reversion and Actual Over
Budget funds as presented by the Administration; and be it further
RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of
the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City
Manager, and the City Clerk.
Adopted by the School Board of the City of Virginia Beach this 16th day of November 2004
~~~v lr-
SEAL
Attest:
~(j~
Dianne p, Alexander, Clerk of the Board
CERTIFIED Tp BE A TRUE
AND CORRECT COpy
l d.lA ~ ~ ()Lv..t.QM...~.
Clerk, School Board of the. ......
Olty of VIrginia I!QQOh
School Administration Building' 2512 George Mason Drive' P.O. Box 6038 . Virginia Beach, VA 23456-0038
.RGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF THE CURVE
Subject: FY04 Reversion and Actual Over Bud2et Funds Resolution
Item Number: 13C
Section: Consent
Date: November 16. 2004
Cabinet Member: Mrs. Victoria L. Lewis
Prepared by: Mrs. Victoria L. Lewis
Presenter(s): Mrs. Victoria L. Lewis. Chief Financial Officer
Recommendation:
It is reconunended that the School Board approve the reconunended uses of the projected reversion and actual
over budget funds.
Background Summary:
Source:
Budget Impact:
Strategic Plan Reference:
~..
. .~
. .':'" ,'. .t"
...... .. ..i .
RESOLUTION REGARDING FY 2003/04 REVERSION AND
ACTUAL OVER BUDGET FUNDS
WHEREAS, On September 21, 2004 the School Board was presented with a summary of the un-audited
financial statement for FY 2003/04 realizing $13,205,888 in reversion funds; and
WHEREAS, the reversion funds are the result of $6,476,862 in additional revenue and $6,729,026 in
expenditures savings; and
WHEREAS, the Revenue Sharing Policy provides for the application of the formula to any actual revenues
in excess of budgeted revenues, and
WHEREAS, the FY 2004/05 Actual Over Budget provides $6,820,714 for allocation by the School Board to
non-recurring purposes; and
WHEREAS, the total funds available to the School Board are $20,026,602 and
WHEREAS, on September 28, 2004, the City Council appropriated $1,750,000 from the reversion funds to
the School Board for the purpose of bus and vehicle replacement, and
WHEREAS, the total remaining to the School Board for allocation is $18,276,602 and
WHEREAS, the Administration recommends the following uses for the $20 million available:
. $1,500,000 to the Instructional Category for SOL Incentive Funds for schools
. $5,000,000 to Fund 108, School Instructional Technology Fund to fund the cyclical replacement of
instructional technology (infrastructure and equipment)
. $1,800,000 to CIP 1-030 Telecommunication Infrastructure Replacement for equipment and
infrastructure
. $2,000,000 to CIP 1-211 Operating Budget Support for interior cameras for elementary schools, to
update the fire suppression units, to replace VCR's in elementary school with digital recorders
. $1,155,888 to CIP 1-211 Operating Budget Support for classroom sets of calculators for Elementary
Schools, scanners for all schools and musical instrument repairs and replacements
. $1,448,021 to the School Reserve Special Revenue Fund bringing the total in the fund to $2,896,042
. $5,372,693 Alternative Education Facility - Phase II
now, therefore, be it
RESOLVED: That the Board approves the reconunended uses of the FY 2003/04 reversion and Actual
Over Budget funds as presented by the Administration; and be it further
RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the
Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the
City Manager, and the City Clerk.
Adopted by the School Board of the City of Virginia Beach this 16th day of November, 2004.
SEAL
Daniel D. Edwards, Chairman
Attest:
Dianne P. Alexander, Clerk of the Board
1
2
3 AN ORDINANCE TO ACCEPT AND
4 APPROPRIATE $6,266,052 IN ADDITIONAL
5 GRANT FUNDING TO THE SCHOOL GRANTS
6 FUND IN THE FY 2004-05 OPERATING
7 BUDGET
6 WHEREAS, a total amount of $6,266,052 in additional school grant
7 funds are available for appropriation; and
8
WHEREAS, by resolution dated November 3, 2004, the School
9 Board requested the City Council to appropriate these funds to the
10 School Grant Fund in the FY 2004-05 Operating Budget.
11
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13
1.
That $3,868,455 is hereby accepted from the federal
14 government and appropriated to the School Grant Fund in the FY 2004-
15 05 Operating Budget, with revenue from the federal government
16 increased accordingly.
17
2 .
That $2,369,585 is hereby accepted from the state and
18 appropriated to the School Grant Fund in the FY 2004-05 Operating
19 Budget, with revenue from the state government increased accordingly.
20
3.
That $28,012 is hereby accepted from other sources and
21 appropriated to the School Grant Fund in the FY 204-05 Operating
22 Budget, with revenue from other sources increased accordingly.
30 Adopted by the Council of the City of Virginia Beach, Virginia
7th day of Decem,be,:;o04.
31
on the
32
32
APPROVED AS TO CONTENT:
B
CA9445
R2
H:\PA\GG\ORDRES\School
November 23, 2004
APPROVED AS TO LEGAL SUFFICIENCY:
J
Board Grant ord.doc
+IRGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF THE CURVE
SCHOOL BOARD
Daniel D. Edwards
Chairman
District 1 - CentelVille
1513 Beachview Drive
VA Beach, VA 23464
495-3551 (h) . 717-0259 (cell)
Sandra Smith-Jones
Vice Chairman
District 2 - Kempsville
705 Rock Creek Court
V A Beach, VA 23462
490-8167 (h)
Rita Sweet Sellitto
At-Large
P.O. Box 64909
V A Beach, VA 23467
416.0960 (h)
Jane S. Brooks
District 6 - Beach
721 Hillop Road
VA Beach, VA 23454
425-1597 (h)
Emma L "Em" Davis
District 5 - Lynnhaven
1125 Michaelwood Drive
VA Beach, VA 23452
340-6911 (h)
Edward F, Fisslnger, Sr.
At-Large
412 Becton Place
VA Beach, VA 23452
486-4567 (h)
Dan R. Lowe
District 4 - Sayside
4617 Red Coat Road
VA Beach, VA 23455
490-3681 (h)
Michael W. Stewart
District 3 - Rose Hall
105 Brentwood Court
VA Beach, VA 23452
498-4303 (h) . 445-4637 (w)
Arthur T, Tate
At-Large
1709 Ladysmllh Mews
VA Beach, VA 23455
460-5451 (11)
Carolyn O. Weems
At-Large
1420 Claudia Drive
VA Beach, VA 23455
464-6674 (h)
Lois S. Williams, Ph,O,
District 7 - Princess Anne
2532 Las Corrales Court
VA Beach, VA 23456
233-0891 (w)
SUPERINTENDENT
Timothy R. Jenney, Ph.D.
2512 George Mason Drive
VA Beach, VA 23456
263-1007
RESOLUTION REQUESTING ADDITIONAL GRANT APPROPRIATIONS
WHEREAS, on May 25, 2004 the School Board adopted a budget for Grants and Other
Funds totaling $90,759,828; and
'VHEREAS, the amount appropriated for Categorical Grants is $49,117,027; and
WHEREAS, the budget estimates used for the categorical grant awards are made
several months prior to the actual award of the grant; and
WHEREAS, increases in grant award amounts and additional categorical grants have
been awarded since the adoption of the budget as shown in Attachment A; and
WHEREAS, an increase of $6,266,052 in the appropriation for Grants and Other Funds
for FY 2004/05 is required to access these available; and
WHEREAS, the new appropriation level for Grants and Other Funds should be
$97,025,880.
. Now, therefore, be it
RESOL YED: That the Board requests that the FY 2004/05 appropriation for Grants
and Other Funds be increased by $6,266,052 to $97,025,880; and be it further
RESOL YED: That a copy ofthis resolution be 'spread across the official minutes ofthis
Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the
Mayor, each member of City Council, the City Manager, and the City Clerk.
Adopted by the School Board of the City of Virginia Beach this 3rd day of November,
2004
~~
Daniel D. Edwards, Chairman
SEAL
Attest:
I.it~..::...-v ~ ~
Dianne P. Alexander, Clerk of the Board
CERTIFIED TO BE A TRUE
AND CORRECT COpy
J~ f,~cWt-
" Clerk, 801'1001 BOlrd ot fho
Olty of Virginia Ssfteh
School Administration Building . 2512 George Mason Drive . P.O. Box 6038 . Virginia Beach, VA 23456-0038
Resolution Requesting Additional Grant Appropriations
Attachment A
November 3, 2004
Grant Name
Original Budget
Tot!!1 Appropriation
required
Adjustments to total
appropriation by
individual grant
Assistive Technology FY04 .. - 972 972
Carl Perkirts FY05 1,061,325 1,115,870 54,545
Comprehensive School Reform FY03 - 1 ,182 1 ,182
Comprehensive School Reform FY04 _n_.___ _ _____-=-._ ______ __20,618 ____ 20,618
Comprehensive School Reform FY05 _..._~ ___ __?O,QQQ. _ ____ 50,000 _ -
DEQ VEPCO School Bus Retrofit FY05 - __ 353,401 353,401
Emergency Response Crisis Management - 466,967 466,967
English Literacy Civics Ed FY05 24,313 37,455 13,142
HSTW Bayside FY04 - 7,210 7,210
HSTW Bayside FY05 11 ,250 11,250 -
HSTW First Colonial FY04 _ - 5,779 5,779
HSTW First Colonial FY05 11,250 11,250 -
HSTW Green Run FY04 - 7,976 7,976
HSTW Green Run FY05 11,250 11,250 -
HSTW Kellam FY05 11,250 11,250 -
HSTW Ocean Lakes FY05 11,250 11,250 -
HSTW Salem FY04 - 6,870 6,870
HSTW Salem FY05 11,250 11,250 -
HSTW Tallwood FY04 - 6,393 6,393
HSTW Tallwood FY05 11,250 11,250 -
Instructional Support Team FY05 10,000 10,000 -
McKinney Homeless FY04 - 5,174 5,174
McKinney Homeless FY05 40,000 40,000 -
Preschool FY04 33,511 46,858 13,347
Preschool FY05 551,460 524,406 (27,054)
Preschool Grant B FY05 - 524,662 524,662
Refugee School Impact FY05 3,592 3,592 -
Safe and Drug Free FY04 - 153,012 153,012
Safe and Drug Free FY05 388,530 356,983 (31,547).
Sliver FY04 - 65,160 65,160
Sliver FY05 128,550. 126,394 (2, 156~
Teaching American History (HEART) FY04 94,199 94,199 -
Teac)1ing American History (HEART) FY05 314,088 574,652 260,564
Title I Part A FY04 906,433 363,417 (543,016).
~! Part A FY05 9,582,370 11,515,610 1,933,240
Title I Part D FY04 - 23,809 23,809
Title I Part D FY05 72,398 54,626 (17,772l
Title II FY03 - 73,335 73,335
Title II FY04 963,430 1,235,865 272,435
Title II FY05 2,759,841 2,833,414 73,573
Title II Part D FY04 90,600 53,170 (37,430)
Title II Part D FY05 256,231 269,407 13,176
Title III FY04 - 34,179 34,179
Title III FY05 ______ 106,916 81,435 (25,481)
Title V FY03 _.__ ___un. - _ 93,077 .. _ 93,077
Title V FY04 ______.. _.. ___ 323,283 . __no 535,762 212,479
TitleVFY05 __.______._ ______..___. 624,118 _ _ 482,939 _. ._ .._ (141,179)
Title VI-B FY03 I - 135,357 135,357
TitleVI-BFY04 -...~.-..~... ~--.-..~-~..:_-.~-~-~J..--..-- _ 3,96s".E112.-..-_.____._2,900,932 _-- - (1,067,880)
~i~eD~~~ :n:~~Y/HR Clean-Cities Corp FY05_ .-..-1:-..-..-.--.:.-..13'~~1'~~.~~~--~.-_~-..14'2~~:666 -_-=--____ 2~~:~~~
Protect and Respectlntergenerational fY04 __._ ..._... ...._..___...: _. _______. 10,105. 10,105
Reserve for Contingency 444,797 1,000,000 555,203
Total Federal Grants . --.-- ----.. -.. .-...- -1 36,864,698 40,733,153 3,868,455
Page 1 of 2
Resolution Requesting Additional Grant Appropriations
Attachment A
November 3, 2004
Adjustments to total
Total Appropriation appropriation by
Grant Name Original Budget required individual grant
rAMS Program - 20,519 20,519
Sertoma FY04 - 2,500 2,500
-----.
:Virginia Geographical Alliance FY03 - 3,493 3,493
.- ...-. ------,- --
Bay Shore Circle of the Kings D~~9!}tersJX.9_~q - 1,500 1,500
Total Other Grants . 28,013 28,013
.-------.-.--.---........... .__._..,." _.n_ ._-.
:rechnology Initiative FY03 .-..--..-------- ..- ---- ----
1,613,000 1,236,485 . (376,515)
Algebra Readiness FY03 - 229,666 229,666
SOL Remediation FY04 - 376,822 376,822
Technology Initiative FY04 2,712,000 2,743,200 31,200
Algebra Readiness FY05 ._--------~- - 696,840 643,615 (53,225)
.Early Reading Intervention FY05 . . 952,624 1,057,142 104,520
ISAEP FY05 62,869 62,869 -
New Teacher Mentor FY05 97,739 97,739 -
.Special Ed Jail Program FY05 115,782 116,300 518
-
VA At Risk 4 Yr Olds 3,801,600 3,801,600 -
Detention Home FY04 - 734,076 734,076
Career Switcher FY04 - 3,000 3,O()0
Calculator Grant FY05 - 272,063 272,063
PASS Partners FY05 - 4,136 4,136
Technology FY05 - 2,743,200 2,743,200
Reserve for Contingency 2,199,877 500,000 (1,699,877)
Total State Grants 12,252,329 14,621,914 2,369,585
Total Grants 49,117,027 ) 55,383,079 6,266,052
Increase in appropriation I 6,266,052
Page 2 of 2
THI; BEACON
THURSDAY; NOVEMBER 4, 2004
. Safe Schools helps Beach
prepare for crisis scenarios
..
BY CAROLE O'KEEFFE
THE V1RGlNIA~Il:~T .
"PRINCESS.ANNE - Some~ .
thfug terrible is gOing to hap-
pen in 11 Virginia . Beach school
on April 11. ~.
Well, not relllly. .
. But administrators . and
staff-at one,.school- students .'
haye the day .off - will face
a simwllted disaster '. to. test
the. . system's new . readiness
progr~~ < . . .' .
Administrato.rsat thecho:.
'sen'~c.:hoOl will belllerted that
they hitye peen targeted; But
they won'tkrioW tlw' details
of. a scenario developed to'.
testa.progr~ that has thus
far beEi,n. putye4 ollt around I;i
coIiferel),cetable; ....... .' ..'
"<:;an w-elIlanage a crisis?
can we .conlll1wli~te to/the
public?".. s!rlds~es(1).ools. spe-
'cialistTi.q1J'~ck.s()l1;. '. propoSal.-
':";lVirginia~~Gh Cityl?uJ>-, . Vi1"gi.iWI:B~ch. was . one of
licSchools. received a 8afe'moret~100 sChool diVisions
,Schools .grantM ,'. nearly ,a.crpss'tlil'l,mltion apPr<l.vt}ij
$SOO,OOOfrom the lJ~S. Depl1l't-.. " to, '.... UnplenIent .the18:-montb
nient of EdU~tio~'s Office of grant, :,andorily thc(second in
Safe and Drug-Free Schools;. Hamptl>nRoads. <
The program' pulls together Virginia Beach schools have
representa'tivesfrom the been. working..onemergency
sCb.ools, . poUce, fire, rescue, 'preparatiorifor seveJ,"al years; .
public. and . mental health . "What we' were ab.'eady
departm:ents toresearch,pfun,. doing tied l'ightinto wiult the
practice 'and, evaluate emer- ,grant Was. all.about/' 'Ponti
gency responses. tOa wide said. .
range of cris~s,said Nancy . The April l1~xercise will
Soscia, public relations coordi- bring emergency responders
natoI' for the city. schqols. to the site.. School. staff will
Richard, Ponti, . director of have to utilizeeinergency
.the OffiCe of Sllf'e Scl,1o()ls response and, safe schools
and Risk Management; is co- procedures.. 'M~diaand . c;om-
, . ordinating ,... the i . project.. ..... He rnuniCl;itions. offices of the city
and Sosciasperit more than and school division will have
a month writing: the grant to utiliz.e a jofut communica-
.CAROLE O'KEEFFE .
DaillJ)'.AngJln.,lefti coordinator of Safe Schools; snlPeachy, a Safft
School. .~c:la!lst; RlchardPo~lrcllrector of5afe 6c.hools and Tim
Jacl,<son,'aSafeSChools s",~lal1sti.dl$cil$Splans for VirJInla.Beach
publlC$chools'e,mergency prep~~liili' and response plan. .
tionplan. .' .., '" ..'
,Ill' Ii. reli.l'erisis;. .. parents
would," haye' .tQlJe told. where
. to meet their childi~Il, ponti
noted; . " .
'j'EyerYbody-'s . involved. in
school.sllf'etY;"J acksQn ',s,aid.
Thegranl'.covel;s wired
and wireless ". communication
equipment,wages forsubsti-
ttites who have filled'inwhile
teachel'slh'e trained, o-vertime
foremployeea in training, and .
dOCuments for parents on safe
schooltactics~ ....
"The . procedur~are in
place n.ow,..said Bill Peachy, Ii.
Safe Schools speCialist; "Now
comes the test."
-For further information on
schpol safety, call 427-7280, or
visit WWW;~lichools.com.
. .
. " .
. . . . .' .
. . .. '. .... t9.
Trendy Jewelry G'RA N.D'. O...P.E....N.I...N. · G'. .
fashion Accessories . '. . ..... .... . .'
Sterling Silver '. . ....... . .. . ..' . . '" '. . .
Handba.,,\sat. NOVo6.th.. S.a. t. N.. ov.13t.h... .. ~'"'.tIC
and more . 10:00am"6:00pm _ \. . . \ 'Bracelets
V;~ '.' Saturday 11/6 . "....-J .lB...4
Virginia Beach City Public Schools News Release
Page I of I
A ..
FOR IMMEDIATE RELEASE
Date: 10/13/04
News Release No, 47
Virginia Beach City Public Schools Awarded
Safe Schools Grant
Virginia Beach City Public Schools received a grant totaling $466,967.00 from the
U.S. Department of Education's (DOE) Office of Safe and Drug-Free Schools to
strengthen the school division's emergency preparation and response plan in order
to effectively deal with a wide range of crises. This significant grant will enable the
school division, for the first time, to develop a sustainable joint emergency response
plan - coordinated by Virginia Beach City Public Schools and the City of Virginia
Beach. The DOE sponsors this grant to emphasize the importance of collaboration
between local school divisions and other first responders - fire, police, health,
mental health and community groups - during emergency situations.
"In this era when there is much emphasis on the need to ensure schools across the
nation are a safe haven for students and staff, the funding from this grant will enable
the school division's Office of Safe Schools and Risk Management to improve all
phases of crisis management for nearly 76,000 students and 12,000 employees,"
said superintendent Tim Jenney. "Funding from this grant presents an opportunity to
partner with city agencies and their respective resources as it relates to emergency
preparedness in our schools."
During the next 18 months, both school and city staff will work together to evaluate
current safe schools plans, develop training, purchase equipment. review
policies/procedures, and ultimately Implement a comprehensive safe schools plan to
be reviewed and updated on an annual basis.
Virginia Beach City Public Schools is one of two school divisions in the state to
receive this 18-month grant. School divisions, across the nation, compete annually
for funding made available through the Emergency Response and Crisis
Management Grant Program. Approximately 109 school divisions across the nation
received grants ranging from $55,000 to $500,000.
###
PisGJ!!Jm~I' Sit~ Map
;'6.p.rp.CH
~o~ ,<
http://www.vbschools.comlprfy05/04 7 .html
11/5/2004
- 46-
Item V-K.6.
ORDINANCES/RESOLUTIONS
ITEM # 53312
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Resolution CONCURRING with issuance by the Industrial Development
Authority of the Town of Mount Jackson, Virginia, of Bank qualified revenue
bonds in an amount not to exceed $2,000,000 re Beth Sholom Home of Eastern
Virginia for their renovation, expansion and equipping a nursing home
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, RichardA. Maddox, Mayor Meyera E. OberndorJ, Peter W Schmidt,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Jim Reeve
December 7, 2004
1 A RESOLUTION CONCURRING WITH THE
2 ISSUANCE BY THE INDUSTRIAL DEVELOPMENT
3 AUTHORITY OF THE TOWN OF MOUNT JACKSON,
4 VIRGINIA OF BANK QUALIFIED REVENUE BONDS
5 IN AN AMOUNT NOT TO EXCEED $2,000,000 FOR
6 BETH SHOLOM HOME OF EASTERN VIRGINIA
7
8 WHEREAS, there has been described to the City of Virginia Beach Development
9 Authority (the Virginia Beach Authority) the plans of Beth Sholom Home of Eastern Virginia
10 (the Applicant), the principal business address of which is 6401 Auburn Drive, Virginia Beach,
11 Virginia 23464, for the issuance by the Industrial Development Authority of the Town of Mount
12 Jackson, Virginia (the Mount Jackson Authority), of bank qualified revenue bonds in an original
13 principal amount not to exceed $2,000,000 (the Bonds) to pay a portion of the costs of the
14 renovation, expansion and equipping of an approximately 75,000 square foot, 120 bed nursing
15 home facility, located at 6401 Auburn Drive, Virginia Beach, Virginia 23464, for working
16 capital for the Applicant, and for a portion of the costs of issuing the Bonds described below
17 (collectively, the "Project"); and
18 WHEREAS, the Project will be owned by the Applicant; and
19
20 WHEREAS, it has been represented to this Council that the Mount Jackson Authority
21 held a public hearing with respect to its bonds on November 9, 2004, and adopted an approving
22 resolution (the Mount Jackson Authority Resolution) with respect to such bonds on that date; and
23 WHEREAS, Section 15.2-4905 of the Code of Virginia of 1950, as amended (the
24 Virginia Code), provides that this Council must concur with the adoption of the Mount Jackson
25 Authority Resolution prior to the issuance of the Bonds; and
26 WHEREAS, it has been represented to this Council that a public hearing with respect to
27 the Bonds as required by Virginia law and the Internal Revenue Code of 1986, as amended (the
28 Code), was held by the Virginia Beach Authority on November 18,2004; and
<JX2236vl
29 WHEREAS, on November 18, 2004, following the conclusion of its public hearing, the
30 Virginia Beach Authority adopted a resolution (the "Virginia Beach Authority Resolution")
31 recommending that this Council concur with the Mount Jackson Authority Resolution; and
32 WHEREAS, the Code and Section 15.2-4906 of the Virginia Code provide that the
33 highest elected governmental officials of the governmental unit having jurisdiction over the area
34 in which any facility financed with the proceeds of a private activity bond is located shall
35 approve the issuance of such bond; and
36 WHEREAS, the property to be financed with the Bonds is located in the City of Virginia
37 Beach and the members of this Council constitute the highest elected governmental officials of
38 the City of Virginia Beach; and
39 WHEREAS, a copy of the Mount Jackson Authority Resolution and the Virginia Beach
40 Authority Resolution, and a statement in the form prescribed by Section 15.2-4907 of the
41 Virginia Code have been filed with this Council
42 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
43 OF VIRGINIA BEACH, VIRGINIA:
44 1. The recitals in the preambles hereto are adopted as a part of this resolution as if
45 fully written herein.
46 2. The Council concurs with the adoption of the Mount Jackson Authority
47 Resolution and approves the issuance of bonds by the Mount Jackson Authority, all to the extent
48 required by the Code and Section 15.2-4905 of the Virginia Code.
49 3. The concurrence with the Mount Jackson Authority Resolution, and the approval
50 of the issuance of the Bonds as provided above, as required by the Code and Sections 15.2-4905
51 and 15.2-4906 of the Virginia Code, does not constitute an endorsement to a prospective
982236vl
52 purchaser of any bond of the creditworthiness of the Applicant and the Bonds shall provide that
53 the City of Virginia Beach shall not be obligated to pay the Bonds or the interest thereon or other
54 cost incident thereto and neither the faith or credit nor the taxing power of the Commonwealth of
55 Virginia or the City of Virginia Beach shall be pledged thereto.
56
4.
This resolution shall take effect immediately upon its adoption.
57 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of
58 December, 2004.
59
60
61
62
g~
65 CA9399
66 November 23,2004
67
68
69
70'
71
72
73
74
75
76
City Clerk
APPROVED AS TO LEGAL
SUFFICIENCY:
~AlJJlJZ
City Attorney
982236vl
VIRGINIA
BEP..CH
Virginia Beach
Development Authority
222 Central Park Avenue, Suite 1000
Virginia Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Website: www.vbgov.com
December 7, 2004
The Honorable Meyera E. Oberndorf, Mayor
Members of City Council
Municipal Center
Virginia Beach, V A 23456
Re: Beth Shalom Home of Eastern Virginia
Bank Qualified Revenue Bonds
Dear Mayor Oberndorf and Members of City Council:
We submit the following in connection with project for Beth Sholom Home of Eastern
Virginia, a not-for-profit, non-stock Virginia corporation ("BSHEV") located at 6401 Auburn Drive
in the City of Virginia Beach, Virginia.
(1) Affidavit to Publication and Notice is Exhibit A, the Notice of Public Hearing is
attached as Exhibit B, and a summary of the statements made at the public hearing is attached as
Exhibit C. The City of Virginia Beach Development Authority's (the "Authority") resolution
recommending Council's approval is attached as Exhibit D.
(2) The Disclosure Statement is attached as Exhibit E.
(3) The statement of the Authority's reasons for its approval as a benefit for the City of
Virginia Beach and its recommendation that City Council approve the bonds described above is
attached as Exhibit F.
(4) The Fiscal Impact Statement is attached as Exhibit G .
(5) Attached as Exhibit H is a summary sheet setting forth the type of issue, and identifying
the Project and the principals.
(6) Attached as Exhibit I is a letter from the appropriate City department commenting on
the Project.
The Honorable Meyera E. Obemdorf, Mayor
Members of City Council
December 7, 2004
Page 2
(7) Attached as Exhibit J is an Inducement Resolution from the Industrial Development
Authority ofthe Town of Mount Jackson, Virginia.
(8) Attached as Exhibit K is a Concurrence Resolution from the Town Council of Town of
Mount Jackson, Virginia
Very truly yours,
JVH/mlg
Enclosures
H:\OID\REAL ESTATE\DEVAUTH\BOND\WORK\DAlS7S Beth Sholom\DA Council Llr City & Other Funds.dnc
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PROJECT: Approx. 75,000 sq. ft., 120 bed nursing home facility
LOCATION: 6401 Auburn Drive at College Park Boulevard
BOND AM0UNT: Not to exceed $2,000,000
The Virginian-Pilot
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This day, D. Johnson personally appeared before mel
and after being duly sworn, made oath that: I
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Exhibit A
THE VIRGINIAN-PILOT
NORFOLK, VIRGINIA
AFFIDAVIT OF PUBLICATION
WILLIAMS, MULLEN,
SUITE 1700
999 WATERSIDE DR
NORFOLK VA 23510
HOFHEIMER, N
REFERENCE: 39078253
12251201
NOTICE OF PUBLIC HEA
State of Virginia
City of Norfolk
1) She is affidavit clerk of The Virginian-Pilot,
a newspaper published by Landmark Communications
Inc., in the cities of Norfolk, Portsmouth,
Chesapeake, Suffolk, and Virginia Beach, Common-
wealth of Virginia and in the state of North
Carolina 2)That the advertisement hereto annexed
has been published in said newspaper on the date
stated.
PUBLISHED ON: 11/04 11/11
TOTAL COST:
FILED ON:
AD SPACE: 104 LINE
state on the day and year
commission expires January 31, 2008
Exhibit B
[Virginian-Pilot publication dates: Nov. 4, 2004 and Nov, 11,2004]
NOTICE OF PUBLIC HEARING OF THE
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
THURSDAY, NOVEMBER 18, 2004
All persons interested in the proposed issuance of the below-mentioned bonds by the
Industrial Development Authority of the Town of Mount Jackson, Virginia (the "Mount Jackson
Authority") should take notice that the City of Virginia Beach Development Authority (the "Virginia
Beach Authority") will hold a public hearing on the subject of such bonds and the related plan of
financing on Thursday, November 18,2004, at 2:00 p.m., in the Virginia Beach Authority's offices
at 222 Central Park Ave., Suite 1000, Virginia Beach, Virginia, which hearing may be adjourned or
continued without further notice. The maximum amount, initial owner or operator ofthe facility to
be financed thereby, location of the facility to be financed thereby and purpose of the bonds being
considered are as follows:
$2,000,000 Industrial Development Authority of the Town of Mount Jackson,
Virginia Bank Qualified Revenue Bonds (BSHEV Project), for the benefit of Beth
Sholom Home of Eastern Virginia, a not-for-profit Virginia non-stock corporation
(the "Applicant"), for the purposes of (1) fmancing a portion of the cost of the
renovation, expansion and equipping of an approximately 75,000 square foot, 120
bed nursing home facility, located at 6401 Auburn Drive, Virginia Beach, Virginia
23464, (2) providing working capital and (3) paying a portion of the costs of the
issuance of the bonds (collectively, the "Project"). The Project will be owned and
operated by the Applicant, whose principal place of business is located at 6401
Auburn Drive, Virginia Beach, Virginia 23464.
Said bonds, if issued, will not create a debt or pledge of the faith and credit of the
Commonwealth of Virginia, Shenandoah County, the Town of Mount Jackson, the Mount Jackson
Authority, the City of Virginia Beach or the Virginia Beach Authority, and will not be payable from
state or local tax revenues. Rather, such bonds will be limited obligations of the Mount Jackson
Authority, payable solely from funds provided by the beneficiary of the bonds.
A copy of the Applicant's application is available for inspection at the Virginia Beach
Authority's office, at 222 Central Park Ave., Suite 1000, Virginia Beach, Virginia, during business
hours. Any person interested in the issuance ofthe bonds or the location or nature ofthe proposed
project may appear at the hearing and present his or her views. Written comments regarding the
proposed resolution may be forwarded either to the Virginia Beach Authority prior to the public
hearing in care of Ms. Linda Sheehan, at the above location or by mail; or to the Virginia Beach
Authority during said hearing. Any disabled person who will require an accommodation to
participate in the public hearing is requested to call the Authority at least three (3) days in advance of
the public hearing.
City of Virginia Beach Development Authority
982371 vI
Exhibit C
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
RECORD OF PUBLIC HEARING
NOVEMBER 18, 2004, AT 2:00 P.M.
(BSHEV PROJECT)
The Chairman of the City of Virginia Beach Development Authority (the "Authority")
announced the commencement ofa public hearing on the request of Beth Sholom Home of Eastern
Virginia, a not-for-profit, Virginia non-stock corporation (the "Applicant"), and that a notice ofthe
public hearing was published once a week for two consecutive weeks in a newspaper having general
circulation in the City of Virginia Beach, Virginia, one publication being not less than 14 days prior
to the hearing and both publications being not less than 6 days and not more than 21 days prior to the
hearing. The Chairman indicated that a copy of the notice and a certificate of publication of such
notice were being filed with the records of the City Council of the City of Virginia Beach.
The following individuals appeared and addressed the Authority:
Mr. William L. Nusbaum appeared as bond counsel on behalf of the Applicant. Mr.
Nusbaum gave a brief description of the Project (defined below). He explained that (1) the
Applicant was seeking the issuance of not to exceed $2,000,000 of "bank qualified" tax-exempt
revenue bonds, which required the bonds be issued by a "qualified small issuer" within the meaning
of Section 265(b) of the Internal Revenue Code of 1986, as amended, (2) the Authority is not a
"qualified small issuer," and (3) the Applicant had determined that the Industrial Development
Authority of the Town of Mount Jackson, Virginia (the "Mount Jackson IDA") was a "qualified
small issuer" for calendar year 2004. Mr. Nusbaum added that the Mount Jackson IDA had agreed to
issue not to exceed $2,000,000 of its 2004 Bank Qualified Revenue Bonds (BSHEV Project) (the
"Bonds") to finance (a) a portion of the cost of the renovation, expansion and equipping of an
approximately 75,000 square foot, 120 bed nursing home facility, located at 6401 Auburn Drive,
982 I 80v2
Virginia Beach, Virginia 23464, (b) working capital for the Applicant, and (c) a portion ofthe costs
of issuing the Bonds (collectively, the "Project"), in the City of Virginia Beach. Mr. Nusbaum then
introduced Mr. Michael Hammond, Chief Financial Officer ofthe Applicant, who was available to
answer any questions, but no questions were asked.
No other persons appeared to address the Authority, and the Chairman closed the public
hearing. Following the closing of the public hearing, a resolution entitled "Resolution
Recommending that the City Council of the City of Virginia Beach Concur in the Issuance by the
Industrial Development Authority of the Town of Mount Jackson, Virginia of Bank Qualified
Revenue Bonds for Beth Sholom Home of Eastem Virginia in the Principal Amount Not to Exceed
$2,000,000" (the "VBDA Resolution") was moved, seconded and unanimously adopted by the
Authority.
The Authority hereby recommends that the City Council of the City of Virginia Beach,
Virginia concur with the resolution of the Industrial Development Authority ofthe Town of Mount
Jackson, Virginia to issue the Bonds and approve the proposed financing for federal tax law
purposes, transmits the VBDA Resolution and a Fiscal Impact Statement to the City Council ofthe
City of Virginia Beach, and asks that this recommendation be received at the next regular or special
City Council meeting at which this matter can be properly placed on the agenda for hearing.
982180v2
Exhibit D
RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVLOPMENT AUTHORITY
WHEREAS, there has been described to the City of Virginia Beach Development
Authority (the "Authority") the plans of Beth Sholom Home of Eastern Virginia, a not-for-profit
Virginia non-stock corporation (the "Applicant"), and the Industrial Development Authority of
the Town of Mount Jackson, Virginia (the "Mount Jackson Authority"), with respect to the
issuance by the Mount Jackson Authority of bank qualified revenue bonds not exceeding
$2,000,000 (the "Bonds") for the purposes of (1) financing a portion of the cost of the
renovation, expansion and equipping of an approximately 75, 000 square foot, 120 bed nursing
home facility, located at 6401 Auburn Drive, Virginia Beach, Virginia 23464, (2) providing
working capital and (3) paying a portion of the costs of the issuance of the Bonds (collectively,
the "Project"); and
WHEREAS, the Project will be owned by the Applicant; and
WHEREAS, a public hearing with respect to the Bonds and the financing plan of the
Applicant, as required by Virginia law and the Internal Revenue Code of 1986, as amended (the
"Code"), was held by the Authority on the date hereof, and
WHEREAS, it has been represented to the Authority that the Mount Jackson Authority
held a public hearing with respect to the Bonds on November 9, 2004, and thereafter adopted an
approving resolution (the "Mount Jackson Authority Resolution") with respect to such bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY:
1. It is hereby found and determined that the issuance of the Bonds will benefit the
inhabitants of the City of Virginia Beach and promote their education, safety,
health, welfare, convenience and prosperity.
2. To assist the Applicant, the Authority hereby recommends that the City Council
of the City of Virginia Beach (the "Council") concur with the Mount Jackson
Authority Resolution, the form of which has been presented at this meeting, as
required by 915.2-4905 of the Code of Virginia of 1950, as amended (the
"Virginia Code"), and hereby directs the Chainnan or Vice Chairman of the
Authority to submit to the Council the statement in the form prescribed by
g 15.2-4907 of the Virginia Code, a reasonably detailed summary of the comments
expressed at the public hearing held by the Authority pursuant to gI5.2-4906 of
the Virginia Code, and a copy of this resolution.
3.. All costs and expenses of the Authority in connection with the Bonds and the
Applicant's financing plan shall be paid from the proceeds of the Bonds to the
extent permitted by law or from funds of the Applicant and the Authority shall
have no responsibility therefor.
4. All acts of the officers of the Authority which are in conformity with the purposes
and intent of this resolution and in furtherance of the issuance and sale of the
Bonds are hereby approved and confirmed.
5. This resolution shall take effect immediately upon its adoption.
The undersigned hereby certifies that the above resolution was duly adopted by a
roll call vote of the directors of the City of Virginia Beach Development Authority at a
meeting duly called and held on November 18, 2004, and that such resolution is in full
force and effect on the date hereof.
Dated: November 18, 2004
R~ t Id-n~ tv.
Secretary, City ofVirgini each
Development Authority
982513vl
Exhibit E
DISCLOSURE STATEMENT
Date:
November 1,2004
Applicant's Name(s):
BETH SHOLOM HOME OF EASTERN VIRGINIA
All Owners (if different from applicant):
Type of Application:
Rezoning: From to
Conditional Use Permit:
Street Closure:
Subdivision Variance:
Other: Concurrence in issuance of Bank Oualified Bonds by the Industrial Development Authority of the
Town of Mount Jackson. Virginia
******************************************************************************
The following is to be completed by or for the Applicant:
61854. Ifthe applicant is a CORPORATION, list all the officers of the Corporation:
Frances Levy Birshstein, President
Helen Sonenshine, Second Vice President
Bryan R. Mesh, Executive Vice President
Lawrence R. Siegel, Treasurer
Jerry Kantor, First Vice President
Bernie J. Grablowsky, Third Vice President
Pamela Snyder, Interim Secretary
Harris R. Sloane, hnmediate Past President
61855. Ifthe applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or
partners in the organization:
The following is to be completed by or for the Owner (if different from the applicant)
61939. If the owner is a CORPORATION, list all ofthe officers of the Corporation:
61940. If the owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners
in the organization:
BETH SHOLOM HOME OF EASTERN VIRGINIA
By:
~- A. /-1~
Bryan . Mesh, Executive Vice President
Exhibit F
VIRGINIA
BEP~CH
Virginia Beach
Development Authority
222 Central Park Avenue, Suite 1000
Virginia Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Website: www.vbgov.com
TOWN OF MOUNT JACKSON, VIRGINIA
BETH SHOLOM HOME OF EASTERN VIRGINIA
BANK QUALIFIED REVENUE BONDS
The Authority recommends approval of the captioned financing. The financing
will benefit the citizens of the City of Virginia Beach, Virginia by providing for the
expansion and improyement of an existing home for the aged and infirmed which will
contribute to the health and welfare of the City's citizens that reside at the facility.
Exhibit G .FISCAL IMPACT STATEMENT SUBMITTED TO THE
CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY
The undersigned applicant, to permit the Chairman ofthe City of Virginia Beach Development Authority to
submit the following information in compliance with Section 15.2-4907, Code of Virginia of 1950, states:
Name of Applicant: Beth Sholom Home of Eastem Virginia, a not-for-profit Virginia non-stock corporation
Facility: Renovation, expansion and equipping of an approximately 75,000 sq. ft., 120 bed nursing
home located at 6401 Auburn Drive, Virginia Beach, Virginia 23464, working capital and
costs of issuance
Maximum amount of financing sought
$ 2,000,000
Estimated taxable value of the facility's real property
to be constructed in the City of Virginia Beach
$
o
Estimated real property tax per year using present tax rates
$
o
Estimated personal property tax per year using present tax rates
$
o
Estimated business license tax per year using present tax rates
$
o
a. Estimated dollar value per year of goods that will be
purchased from Virginia companies within the locality
Estimated dollar value per year of services that
will be purchased from Virginia companies within the locality
$ 830,000
$ 50,000
$ 150,000
$ 444,000
210
$ 26,000
Estimated dollar value per year of goods that will
be purchased from non-Virginia companies within the locality
Estimated dollar value per year of services that will
be purchased from non-Virginia companies within the locality
Estimated number of regular employees on year round basis
Average annual salary per employee
SUBMITTED BY
BETH SHOLOM HOME OF EASTERN VIRGINIA
By: A::-::? -- ~--^-
Bryan Mesh, Executive Vice President
APPROVED:
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
By: ~~ ~
HNI:230263.l
1.
2.
3.
4.
5.
6.
Exhibit H
SUMMARY SHEET
INDUSTRIAL DEVELOPMENT AUTHORITY OF
THE TOWN OF MOUNT JACKSON, VIRGINIA
2004 BANK QUALIFIED REVENUE BONDS (BSHEV PROJECT)
PROJECT NAME:
LOCATION:
DESCRIPTION OF PROJECT:
AMOUNT OF BOND ISSUE:
PRINCIPALS:
ZONING CLASSIFICATION:
a. Present zoning classification
ofthe Property
b.
Is rezoning proposed?
If so, to what zoning
classification?
c.
Beth Sholom Home of Eastern Virginia
6401 Auburn Drive, Virginia Beach, VA
(1) financing a portion of the cost of the
renovation, expansion and equipping of an
approximately 75,000 square foot, 120 bed
nursing home facility, located at 6401 Auburn
Drive, Virginia Beach, Virginia 23464, (2)
providing working capital and (3) paying a
portion ofthe costs of the issuance ofthe bonds
not to exceed $2,000,000
NONE - a non-stock corporation
A-12
Yes
No -.-X
N/A
Exhibit I
VIRGINIA
BEACH
Virginia Beach
Development Authority
222 Central f'ark Avcmuc. Suite 1000
ViJ-ginia l3eLlch. VA 23462
(757) 431-6464
PAX (757) 499-9894
Weh.l'ite: www.vhr.ov.cOI11
November 18, 2004
Mr. Robert G. Jones
Chair
Virginia Beach Development Authority
222 Central Park Avenue, Suite 1000
Virginia Beach, VA 23462
Re: Beth Sholom Home of East em Virginia
Dear Bob:
The Department of Economic Development concurs with the issuance of revenue bonds
by the Town of Mount Jackson in an amount not to exceed $2,000,000 for Beth Sholom Home of
Eastern Virginia. The issuance of these bonds provide a public benefit in that it will provide
affordable skilled nursing carc for low and very low income elderly.
These funds are to be utilized to (l) finance a portion of the cost of the renovation,
expansion and equipping of an approximately 75,000 sq. ft. 120 bed nursing home facility,
located at 640] Auburn Drive, Virginia Beach, Virginia 23462, (2) provide working capital, and
(3) pay a portion of the costs of the issuance of the Bonds.
I will be happy to answer any questions you may have at our meeting ofNovembcr 18th.
Sincerely,
ona1d L. Maxwell ~
Director
Ills
Exhibit J
,.."" I....
RESOLUTION EVIDENCING THE OFFlCIAL INTENT OF THE
INDUSTRIAL DEVELOPMENT AUTHORITY OF
THE TOWN OF MOUNT JACKSON, VIRGINIA
TO ISSUE ITS BANK QUALIFIED REVENUE BONDS
FOR BETH SHOLOM HOME OF EASTERN VIRGINIA
IN TIm PRlNCIP AL AMOUNT NOTTO EXCEED $2,000,000
WHEREAS, the Industrial Development Authority of the Town of Mount Jackson,
Virginia (the '~Authority"), was created pursuant to Chapter 49, Title 15.2 of the Code ofVirginia of
1950, as amended (the "Act''), and is now existing and operating as a public body corporate and
po1itic;and
WHEREAS, the Authority was created to promote the public interest and the safety, health,
welfare, convenience and prosperity of the inhabitants of the Commonwealth of Virginia, and the
Act empowers the Authority to issue its revenue bonds in accordancethetewith to pay all or any part
of the cost of "authority facilities" comprised of facilities for the residence or care of the aged,
pursuant to Section 15.2-4902 of Act; and .
WHEREAS, representatives of Beth Sholom Home of Eastern Virginia, a not-fur-profit,
Virginia non-stock coxporation (the ~'Applicant"), have held discussions with representatives of the
Town and the Authority with respect to its financing a portion of the cost of the renovation,
expansion and equipping of an approximately 75,000 square foot, 120 bed nursing home facility,
located at 6401 Auburn Drive, VirginiaBeach, Virginia 23464. for working capital for the Applicant,
and for a portion of the costs ofissuing the Bonds described below (collectively, the "Project"); and
WHEREAS, the Authority, after due notice, has on this date conducted a public hearing on
the application of the Applicant for revenue bond financing of the Project in compliance with the
requirements of Section 147(f) of the Internal Revenue Code of1986, as amended (the "Code'') and
Section 15.2-4906 of the Act;
WHEREAS, the Applicant has requested that the Authority express its official intent to.
finance a portion ofllie cost of the renovation, expansion and equipping of the Project and agree in
principle to issue not to exceed $2,000,000 of its bank qualified revenue bonds (the "Bonds'')
therefor, as proposed by the Applicant;
NOW, THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE TOWN OF MOUNI' JACKSON, VIRGINIA:
1. Upon the recommendation of the Applicant, the Authority hereby appoints Williams
Mullen as bond counsel to supervise the Authority's proceedings and approve the issuance of the
Bonds for the Proj eel, and consents to Williams Mullen also serving as counsel to the Applicant.
97953Ov3
1
--... ,~.
2. To assist the Applicant to undertake the Project, the Authority hereby agrees in
principle to issue its Bonds in an amount not to exceed $2,000,000 upon terms and conditions to be
mutually agreed upon by the Authority, the Applicant and the purchaser of the Bonds. The Bonds
shall be issued pursuant to an installment sale or loan agreement with the Applicant, a bond purchase
agreement with a lender and such other documentation as may be acceptable to such lender and the
Chairman or Vice Chairman of the Authority and counsel to the Authority.
3. The Applicant has represented to the Authority that interest on the Bonds is intended
to be generally excluded from the gross income of the holders thereof for federal and state income
taX pu.rposes~ and that the Authority shall receive an administrative fee for issuing and carrying the
Bonds equal to one-tenth of 1% per annum (i.e., 10 basis points) calculated and payable on the
outstanding principal balance of the Bonds in such periodic installments as the Applicant and the
Authority shall agree.
4. The Applicant having represented to the Authority that it is necessary for the
Applicant to continue with the ongoing design. renovation, expansion and equipping of the Project
which has been under way since the Applicant evidenced its "official intent" for pm:poses of
Treasury Reg. ~ 1.150-2 by the adoption by its Board of Directors of a resolution authorizing the'
Project on February 11,2004,. the Authority hereby agrees that the Applicant may proceed with the
Project, enter moo contracts for the design, renovation, expansion and equipping thereof, and take
such other steps as it may deem appropriate in connection therewith, provided that nothing herein
shall be deemed to authorize the Applicant to obligate the Authority without its consent in each
instance .to the payment of any monies or the performance of any actions in connection with the
Project The Authority agrees that the Applicant maybe reimbursed :fiumthe proceeds of the Bonds,
if and when issued, to the extent permitted by law for all costs so incurred by it.
S. All costs and expenses in connection with the Bonds and the design, renovation,
expansion, equipping and operation of the Project. including but not limited to the fees and expenses
of Bond Counsel and counsel to the Authority, shall be paid from the proceeds of the Bonds to the
extent permitted by law or else from funds of the Applicant. If for any reason the. Bonds are not
issued, it is understood that all such expenses sba1.l be paid by the Applicant and that the Authority
shall have no responsibility therefor.
6. Neither the Bonds nor the premium. if any, nor the interest payable thereon shall be a
general obligation debt of the Commonwealth of Virginia or any political subdivision thereof:
including the Authority, the Town of Mount Jackson. Virginia (the "Town") or Shenandoah County,
Virginia (the "County''), and neither the Conunonweal1h of Virginia, nor any political subdivision
thereot: including the Authority, the Town and the County, and the officials, officers, directors
and/or employees, past, present or future, of any or all, are or shall be personally liable.thereon. ~e
Bonds, together with the premium, if any, and the interest payable thereon, Shall be a limited
obligation of the Authority payable solely pursuant to the tennsof the Bonds and the related
documents.
979S30V3
2
....... 4,"
7. The Authority hereby recommends that the Town Council of the Town (the
"Council") approve the issuance of the proposed Bonds, and directs the Chainnan or Vice Chainn.an
of the Authority to transmit to the Council the Fiscal Impact Statement required by Section 15.2-
4906 of the Act, a copy of this resolution and a reasonably detailed summ.ary of the Authority's
public hearing held this date.
8. Because of the Project's location in the City of Virginia Beach, Virginia, the
Authority hereby requests that the City Council of the City of Virginia Beach. Virginia concur with.
this resolution in accordance with Section 15.2-4905 of the Act, following the conduct of a public
hearing by the City of Virginia Beach Development Authority.
9. The Authority hereby designates Bonds in the aggregate principal amount of
$2,000,000 as "qualified tax-exempt obligations" of the Authority for calendar year 2004 within the
meaning of Section 265(b )(3) of the Code. .
10. The provisions of this resolution are hereby declared to be separable, and if any
section, phrase or provision of this resolution Shall be declared invalid, such invalidity shall not
a:l!ect the validity of the remainder of the sections, phrases and provisions of this resolution.
11. The Authority shall perfOIJD such other acts and adopt such further resolutions as may
be required to implement its undertakings hereinabove set forth.
12.
This resOlution shall take effect immediately upon its adoPtion.
9'19S3OvJ
3
CERTIF1CATE OF VOTES
The following is a record of the vote by the Industrial Development Authority of Town of
Mount Jackson, Virginia (the "Authority"), on the foregoing resolution, approved at the duly called
public-meeting ofllie Authority held on November 9,2004, after the holding ofa publicheaii.ng
thereon, at which public hearing and meeting a quorum of the Authority waS preseirt::
t
mS3Ov3
AYE
NAY
ABSTAIN ABSENT
'<
"
~
~ 1:::.. .~~ -:nl. .
Charles Moore, Secretary, Industrial Development
Authority of the Town of Mount Jackson, Virgini~
4
Exhibit K
'x'
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF MOUNT JACKSON. Vl}{GINIA
, .
WHEREAS, the Industrial Development and Revenue Bond Act, Chapter 49, Title' 15 .2 of
the Code of Virginia, as' amended (the "Act"), authorizes the creation ~fthe Industrial Development '
Authority of the "('own of Mount JaCkson, Virginia (the "Authority") and the Town, CO,unci! of the
Town of Mount Jackson, Virginia (the ''To~'') has duly created the Authority, and,the Act
, ,
empowers the Authority to assist Beth Sholom Home ofE~tern. Virginia, a not-for-profit Virginia
non-stock corporation (the IIApplicant"). by the i~ce ofthe Authority' II bonds 19 pay a portion of
, the costs of the renovation, expansion eml equipping of an approXimately 75,000 square foot, 120
bed ,nursing home facility, located at 6401 Auburn Drive, Virginia Beach, Vitginia ~3464. f~.r'
working capi:tal for th~ Applicant, and for ~ porii<;lO offue costs of issuing the Bonds described beipw
(collectively, the ''Project''); and
.,'
~REAS. the ,Applicant. whicl1 owns the Projec~ has its ,present principal place of
business at 6401 Auburn Drive, in the City ofVir8inia Beach, Virginia; and
~. Section 147(f) of the Internal Revenue Code of198!5, as amendoo(the "Code"), ' . ,
requires, among other tbingSt the approv.al by this Council of the issuanoe of any private actiV,ity
bonds by the Authority after the Authority has held a public hearing to consider the issuance of such'
bonds as one of the acts required in order fot the interest on such bonds to 'qualify for exemption
from the imposition of federal income tax; and
WHEREAS, the Authority held a public hearing on November 9,2004, in compliance with.
the requirements of the Code and Section 15-.2-4906 of the Act and after such public hearing did
.', ". .
adopt a resolution to issue an. amount not to exceed $2~OOO.OOO of its tax-exempt 2004 Bank
98720:lv!
- 1 -
PAGE 213 * RCVD AT 11/23/20044:55:46 PM [Eastern Standard Time] * SVR:WMCD.FAXl4 * DNIS:4 t CSID:5404772351 t DURATION Imm.ssl:01.24
rKOM faWN OF MT, JACKSON
(TUE)NOV 23 2004 16:55/ST,16:54/No. 6812269307 P 3
Qualified Revenue Bonds (BSHEV project) (the "Bonds"), subj.ect to the adbption of this resolution
and the concurrence in the issuance of the Bonds by the City Council of the City of Virginia Beach.
Virginia. (the "Virginia Beach city Council"); and
WB:EREAS~ the Authority hils recommended that the Council approve ati.d. the Virginia
Beach City Council concur i.Q. the issuance of the Bonds; and
WHEREAS, the Bonds~ as "qualified SPl(c)(3) bon&l," will be exempt, undet- Section
146(g)(2) of the Code, from the limitation On the volume of notes or bonds the interest on which is
exempt fr9m the imposition of federal incOme tax; and
WH::EREAS, a copy ofthc Autho~tYs resolution approving the issuance of the Bonds, subject
to the terms to be agreed upon, a record of the Authority's plIblic hearing with respect to the :Bonds .
and a Fiscal Impact Statement in tho funn p:rescnoed by Section 15.2-4907 of the Act, have been
filed with tho Council; now, therefore,
BE IT RESOLVED by the TOWIl Council of the Town of Mount Jackson~'Virginia:
Section 1: That the recitals in the preambles heretd are found to be 1:ru.e and COlX'ect in all
respects, and are adopted as ~dings of this Council as if fully rewritten h~~
Section 2: That the Project proposed to be financed by the issuance of the Bonds is deemed
appropriate fur su~h .financing and, accordingly, the issuance of the Bonds is hereby approved.
Sectiou 3: The approval of the issuiwce of the Bonds, 3$ required by Sections 147(f) of the ,
Code and Section 15.2-4906 of the Act, does not constitute an endorscm.ent to a prospective
P1ll'chaset of the Bonds.ofthe creditworthiness of the Project Elf the Applicant and the Bonds shall
provide that the Town ofMoWlt Jackson shall not be obligated to pa.y the Bonds or the-interest
thereon ot' other costs incident thereto ai:J.d neither the faith or credit not the taxing power of the
Conunonwealth of Virginia or the Town of Mount.Jackson, shall be pledged thereto. .
Section 4: Tha.t this resolution shall be in effect from and after itS adoption.
ADOPTED by the Council of the Town of Mount JaCkson, Virginia, on this
9th day of November, 2004.
~.~it~. ~~
J dy Fultz, Cler
ICERTIPrTflAf THIS IS A TRUE
COpy' OF A laWN RECORp.
...... .... t'\ ""-.........
PAGE 3/3 * RCVD AT 11/23/20044:55:46 PM ~astern Standard Time] * SY~:~MCD'f.AXl4 * DNIS:4 * CSID:5404772351 * DURATION Imm.ss):01.24
- 47-
Item V-K.7a1ble/d.
ORDINANCES/RESOLUTIONS
ITEM # 53313
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council DEFERRED
INDEFINITELY:
Resolution re Town Center Phase III:
a. AUTHORIZE the non-binding Term Sheet, dated December 7,
2004 between the City, the Development Authority and Town
Center Associates, LLC
b, REQUEST the Authority adopt a Resolution consistent with this
Resolution approving the Term Sheet, authorizing its execution
and A UTHORIZING the City Manager and the City Attorney, on
behalf of the Authority, to proceed with the development of
supplemental documents necessary to implement the changes to
Phase II and Phase III as outlined in the Term Sheet
c, A UTHORIZE the City Manager and City Attorney to proceed with
the development of supplemental documents for the
MODIFICA TIONS to the project as outlined in the Term Sheet
d. DIRECT the City Manager to return the final supplemental
documents for approval by the City Council AND the Authority
and for authorization to execute the Phase III Support Agreement
so that the Authority can then proceed with the next phase of the
Project
Voting:
10-0 (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, Peter W. Schmidt,
Ron A, Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Jim Reeve
December 7,2004
- 48-
Item V-K.8.aIb.
ORDINANCES/RESOLUTIONS
ITEM # 53314
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Resolution AUTHORIZING the City Manager to:
a. EXECUTE a Mutual Aid Agreement re Emergency Fire Protection
Services with the City of Chesapeake
b. EXECUTE the Grant Application with the us. Department of
Justice re equipment needed for response to the use of weapons of
mass destruction
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Peter W Schmidt,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Jim Reeve
December 7, 2004
1 A RESOLUTION AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A MUTUAL AID
3 AGREEMENT FOR EMERGENCY FIRE
4 PROTECTION SERVICES WITH THE CITY OF
5 CHESAPEAKE
6
7 WHEREAS, Code of Virginia S27-2 authorizes local governments to enter into
8 mutual aid agreements for emergency fire protection services with nearby localities;
9 WHEREAS, each of the parties hereto maintains equipment and personnel for
10 emergency fire protection responses within its own jurisdiction and areas;
11 WHEREAS, it is recognized that potential emergency fire protection needs exist
12 in Virginia Beach and Chesapeake which are conceivably beyond the abilities of
13 individual emergency fire protection response forces supported by Virginia Beach or
14 Chesapeake to resolve individually; and
15 WHEREAS, Virginia Beach and Chesapeake are cognizant of the benefits
16 which they will derive from mutual fire protection assistance.
17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
18 OF VIRGINIA BEACH, VIRGINIA:
19 That the accompanying mutual aid agreement for emergency fire protection aid
20 is hereby approved, and the City Manager is hereby authorized and directed to execute
21 said agreement on behalf of the City of Virginia Beach. A summary of the material
22 terms for the agreement is attached hereto and a true copy ofthe agreement is on file
23 with the City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia on the 7th
day of
December, 2004.
APPROVED AS TO CONTENT:
CA-9241
H:\PA\GG\ORDRES\Fire Mutual Aid Agreement - Cheseapeak res.doc
R-l
November 1,2004
APPROVED AS TO LEGAL
SUFFICIENCY:
MOD between the Cities of Virginia Beach and Chesapeake
for Emergency Fire Protection Aid
SUMMARY OF TERMS
Parties:
City of Virginia Beach and City of Chesapeake
Event:
Any fire-related emergency requiring a sizable personnel and/or
equipment response that exceeds the abilities and resources of the party
requesting assistance.
Term:
This agreement will commence on the day it is executed, and will
supercede the current mutual aid agreement between the parties that was
signed April 29, 1968.
Responsibilities of the City Requesting Aid:
. Requesting jurisdiction's incident commander shall ensure request for
mutual aid response is communicated in compliance with established
policy.
. Requesting jurisdiction shall designate a radio communication system
for use by all emergency personnel.
. The incident commander from the requesting jurisdiction will be in
full command of the operation.
. The incident commander from the requesting jurisdiction may
relinquish his command to the senior officer from the responding
jurisdiction, but not be relieved of his responsibility for the operation.
Responsibilities of the City Responding to the Request for Aid:
. The responding City will determine if the requested personnel and
equipment are needed or are being used within the boundaries of that
jurisdiction, and if responding to the call for aid can be accomplished.
. The responding equipment and personnel remain under the control of
their supervisors.
. The senior supervisor reports to and takes directions from the
requesting party's incident commander.
. The responding City may terminate the aid at any time, if it determines
the responding personnel and equipment are needed for other duties
within it own boundaries.
Other Terms:
Termination:
. Services performed and expenditures made under this Agreement are
for public and governmental purposes and all immunities from liability
enjoyed by the City within it boundaries shall extend to its
participation in rendering assistance outside its boundaries.
. Mutual aid response is rendered once a party leaves it own
jurisdictional boundaries.
. All employee benefits such as worker's compensation, remain the
responsibility of the employing city.
. Under the provisions of Virginia State Code Section 27-2, each party
waives all claims against the other party, and agrees to indemnify and
save hannless the other party from all claims by third parties that arise
out of the activities of the other party outside their respective
jurisdiction.
. This agreement may be terminated by either party by giving 30-days
written notice to the other party.
FIRE EMERGENCY RESPONSE
MUTUAL AID AGREEMENT
THIS AGREEMENT, made and entered into this _ day of
2004, by and between the CITY OF
CHESAPEAKE, VIRGINIA and the CITY OF VIRGINIA BEACH,
VIRGINIA.
WHEREAS, Code of Virginia Section 27-2 authorizes local
governments to enter into reciprocal agreements for mutual aid and for
cooperation in the furnishing of fire protection;
WHEREAS, each of the parties hereto .maintains equipment and
personnel for fire protection within its own jurisdiction;
WHEREAS, the parties hereto desire to augment the fire emergency
response capabilities available in their respective areas;
WHEREAS, the lands or districts of the parties hereto are adjacent
or contiguous so that mutual assistance in a fire emergency is deemed
feasible; and
WHEREAS, it is mutually deemed sound, desirable, practicable, and
beneficial for the parties to this Agreement to render assistance to one
another in accordance with these terms.
NOW, THEREFORE, for and in consideration of the premises and
mutual promises set forth herein, the parties do hereby agree as follows:
1. In the event of a fire emergency in a party's jurisdiction that
may necessitate the need of a mutual aid response, it shall be the duty of the
requesting jurisdiction's incident commander to assure that the request for
the mutual aid response is communicated per the requesting jurisdiction's
policy.
2. In the event a request for assistance is properly made by the
requesting jurisdiction, the responding equipment and personnel shall
remain under the control of their own supervisor(s), the senior supervisor
reporting to and taking directions from the requesting party's incident
commander.
3. The incident commander of the requesting jurisdiction shall
assume full command of the operations, but if that incident commander
specifically requests the senior officer of the responding jurisdiction to
assume command and that officer does so, the requesting party's incident
commander shall not, by relinquishing command, be relieved of his/her
responsibility for the operation.
4. The requesting party shall be responsible for designating a
radio communications system for use by all emergency personnel.
5. The services performed and expenditures made under this
Agreement shall be deemed to be for public and governmental purposes
and all immunities from liability enjoyed by the local government within its
2
boundaries shall extend to its participation in rendering assistance outside
its boundaries. It is understood that for the purposes of this Agreement, the
mutual aid response is rendering aid once a party departs its own
jurisdictional boundaries.
6. All pension, disability, worker's compensation, life and
health insurance and other benefits enjoyed by personnel participating in
the mutual aid response shall extend to the services they perform under this
Agreement whether inside or outside of their respective jurisdictions. Each
party agrees that provisions of these benefits shall remain the responsibility
of the participating personnel's jurisdiction.
7. Each party hereto agrees to waive any and all claims against
the other party which may arise out of their participation in mutual aid
response activities under this Agreement inside or outside of their
respective jurisdictions.
8. Neither party to this Agreement shall be liable to the other for
reimbursement for injuries to personnel or damage to equipment incurred
when going to or returning from the other jurisdiction. Neither party shall
be liable to the other for any other costs associated with, or arising out of,
the rendering of assistance pursuant to this Agreement; except, however,
the responding jurisdiction may request reimbursement to replenish
equipment and supplies.
3
9. Nothing contained in this Agreement shall, in any manner, be
construed to require either party to respond to a request for services when
the service personnel of the jurisdiction to whom the request is made are, in
the opinion of the requested jurisdiction, needed pr are rendering assistance
within the boundaries of that jurisdiction, nor shall any such request require
the requested jurisdiction to continue to provide services to another
jurisdiction when its service personnel, vehicles or equipment are, in the
requested jurisdiction's opinion, needed for other duties within its own
boundaries.
10. Each party agrees to indemnify and save harmless the other
party from all claims by third parties for property damage, personal injury
or death which may arise out of the activities of the other party outside their
respective jurisdictions.
11. Either party may terminate this Agreement by providing
thirty (30) days written notice to the other party.
12. This Agreement supersedes any and all previous mutual aid
agreements made solely between the parties. Regional or statewide mutual
aid agreements or programs in which the parties participate shall not be
affected by the terms of this Agreement.
4
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their authorized representatives the day and
year first above written.
CITY OF VIRGINIA BEACH,
VIRGINIA
By:
City Manager
ATTEST:
City Clerk
Approved as to legal sufficiency:
By:
City Attorney
CITY OF CHESAPEAKE, VIRGINIA
By:
City Manager
ATTEST:
City Clerk
Approved as to legal sufficiency:
By:
City Attorney
5
1
2
3
4
A RESOLUTION TO EXPRESS SUPPORT FOR AU. S.
DEPARTMENT OF JUSTICE GRANT APPLICATION FOR
EQUIPMENT NEEDED FOR RESPONSE TO THE USE OF
WEAPONS OF MASS DESTRUCTION
5
WHEREAS, the City of Virginia Beach has completed the
6 application for an equipment grant from the U. S. Department of
7 Justice related to local responses to the use of weapons of mass
8 destruction.
9 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, Virginia:
11
1.
That James K. Spore, City Manager, or his designee, is
12
hereby authorized to execute for and on behalf of the
13
14
15
16
17
18
19
20
City of Virginia Beach, a public entity established
under the laws of the Commonwealth of Virginia, this
application and to file it in the appropriate state
office for the purpose of obtaining certain federal
financial assistance under the Office of Justice
Programs, National Domestic Preparedness Office Grant
Program (s) ,
administered
by
the
Commonwealth
of
Virginia.
21
2 .
That the Virginia Beach City Council, a public entity
22
established under the laws of the Commonwealth of
23
Virginia, hereby authorizes its agent to provide to the
24
Commonwealth and to the Office of Justice Programs for
25
all matters pertaining to such federal financial
26
assistance any and all information pertaining to these
27
grants as may be requested.
28
Accepted by the Council of the City of Virginia Beach,
29 Virginia on the 7th
day of December 2004.
Approved as to Content:
Approved as to Legal
Sufficiency:
1)
~ S"V~~flC
~ity Attorn
CA9451
R2
December 1, 2004
H:\PA\GG\ORDRES\DOJ Grant Res. doc
- 49-
Item V-L.
PLANNING
ITEM # 53315
1. CITY ZONING ORDINANCE
SS 111,204,1502,1503,1506 and 1507 re to the
definition of the term "Lodging Unit," loading
space requirements for certain lots, and dimensional
requirements, sign regulations, density regulations
and desired design features and incentives in the
RT-1 Resort Tourist District.
2. CITY OF VIRGINIA BEACH re the 9th and loth Street
MARRIOTT PROJECT
Term Sheet dated November 23, 2004
REQUEST the Authority adopt a Resolution
consistent with this Resolution approving the Term
Sheet, authorizing its execution
A UTHORIZE the City Manager to EXECUTE the
Term Sheet on behalf of the City
AUTHORIZE assignment of the City's lease hold
interest in parking spaces at the 9th Street Parking
Garage (now under lease) to the Development
Authority: REQUEST the Authority adopt a
resolution accepting this assignment: and,
AUTHORIZE the City Manager and the City
Attorney, on behalf of the City, to proceed with the
development of the necessary documents and
appropriate evidence for this assignment
ESTABLISH a Capital Projectfor the grh and 10th
Street improvement and A UTHORIZE and
TRANSFER $1,324,882 from Economic
Development Infrastructure Projects to create these
improvements, relocate the utility lines and
construct new connector parks and public
accessways
A UTHORIZE the City Manager to execute documents
necessary and appropriate to implement the
requirements of the project substantially as outlined
in the Term Sheet
discontinuance, closure, and conveyance of a
portion of 10th Street at Atlantic Avenue,
AUTHORIZE a temporary encroachment to
construct and maintain a paver pool deck,
walkways, to the bike path, decorative loggia with
columns, fence on concrete base, landscaping, and
a balcony upon the City's property for OCTO, INC.
at 921 Atlantic Avenue.
December 7,2004
- 50-
Item V-L.
PLANNING
ITEM # 53315 (Continued)
3. BEACH CLUB II UNIT OWNERS' ASSOCIATION
CONDITIONAL CHANGE OF ZONING
4. STEPHEN LETOURNEAU
CONDITIONAL USE PERMIT
5. THE TERRY COMPANIES FIVE, L.L.C.
CONDITIONAL USE PERMIT
6. FRANCISCUS COMPANY, INC.
CONDITIONAL CHANGE OF ZONING
7. SALTMEADOW BAY, L.L.C.
MODIFICATION TO THE LAND USE PLAN
(Approved on March 11, 2003)
December 7,2004
- 51 -
Item V-L.
PLANNING
ITEM # 53316
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED IN ONE
MOTION Items 3, 4 (DEFERRED), 5, 6 and 7 of the PLANNING BY CONSENT AGENDA.
Item L. 4 was DEFERRED, BY CONSENT, until the City Council Session of December 14, 2004.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Peter W. Schmidt,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Jim Reeve
Council Lady McClanan vote a VERBAL NAY on Items. L.5 (Terry Companies) and L.6 (Franciscus Company)
Council Lady Wilson DISCLOSED Pursuant to Conflict of Interests Act 92.2-3115 (G) re Item L. 7. (Saltmeadow
Bay). She is real estate agent affiliated with Prudential Decker Realty and represents a buyer of property in the
Saltmeadow Bay development. The City Attorney has advised she is able to participate in the discussion and vote
fairly, objectively and in the public interest. Council Lady Wilson's letter of December 7, 2004, is hereby made a
part of the record.
December 7, 2004
- 52-
Item V-L.1.
PLANNING
ITEM # 53316
Attorney R, J Nutter, 222 Central Park Avenue, Phone: 687-7500, represented the Tidewater Hotels and Resorts
(Proposed developer of Marriott Hotel), The 10lh street closure and conveyance are contingent upon the developer
giving back to the City 105 feet in return for brief closure and relocation of the street to just north of its present
location, thus allowingfor two (2) open space areas where only one now exists. Attorney Nutter acknowledged the
sign would be 150 square feet and not increased..
Attorney Warren Tisdale, Wilcox & Savage, 1800 One Commercial Place, Norfolk, Virginia, Phone: 628-5500,
represented 3]'1 Street I.C, Professional Hospitality Resources (comprised often (10) hotels). His clients are
not opposed to the development of a Four Star Marriott at the Oceanfront and acknowledge the importance of
first class hotel rooms. His clients are opposed to the timing and structure of the Marriott proposal. The 31'1 Street
Hilton project was the subject of numerous public hearings and meetings. Multiple encroachments are being
allowed into the Greenbelt. Statement is hereby made a part of the record.
Upon motion by Vice Mayor Jones, seconded by Council Lady McClanan, City Council ADOPTED, AS
AMENDED*:
Ordinance to AMEND and REORDAIN 99 111, 204, 1502, f5{)j, 1506 and
1507 re to the definition of the term "Lodging Unit, " loading space requirements
for certain lots, and dimensional requirements, sign regulations. density
regulations and desired design features and incentives in the R T-1 Resort Tourist
District.
*Section 1503 re allowing up to two building identification signs on hotels
greater than 10 stores in height, each ofwhich may not exceed 300 square feet
in area was DELETED from the Ordinance.
Voting: 9-1
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva,
Rosemary Wilson and James I. Wood
Council Members Voting Nay:
Richard A. Maddox
Council Members Absent:
Jim Reeve
Items I.l and I.2 (Marriott Project) were voted upon in ONE MOTION.
December 7, 2004
1
2
3
4 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 111, 204,
5 1502, 1506 AND 1507 OF THE CITY ZONING ORDINANCE,
6 PERTAINING TO THE DEFINITION OF THE TERM "LODGING
7 UNIT," LOADING SPACE REQUIREMENTS FOR CERTAIN LOTS,
8 AND DIMENSIONAL REQUIREMENTS, DENSITY REGULATIONS AND
9 DESIRED DESIGN FEATURES AND INCENTIVES IN THE RT-1
10 RESORT TOURIST DISTRICT.
11
12 Sections Amended: City Zoning Ordinance Sections 111,
13 204, 1502, 1506 and 1507
14
15 See. 111. Definitions.
16
For the purpose of this ordinance, words used in the
17 present tense shall include the future; words used in the
18 singular number include the plural and the plural the singular;
19 the use of any gender shall be applicable to all genders; the
20 word "shall" is mandatory; the word "may" is permissive; the
21 word "land" includes only the area described as being above mean
22 sea level; and the word "person" includes an individual, a
23 partnership, association, or corporation.
24
In addition, the following terms shall be defined as herein
25
indicated:
26
27
Lodging uni t.
Li ving quarters for a family which do not
28 contain independent kitchen facilities; provided, however, that
29 dwelling units which do not exceed aile hundred fifty (650) one
30 thousand, two hundred (1,200) square feet and are not made
31 available for occupancy on a lease or rental basis for periods
32 of ~ more than one (1) wee* month shall be considered lodging
33 units even though they contain independent kitchen facilities.
34
35 Sec. 204. Off-street loading requirements.
36
(a) The off-street loading requirements herein specified
37 shall apply to all zoning lots exceeding five thousand (5,000)
38 square feet in area for the class or kind of uses indicated. In
39 addition, in connection with planned development zoning and
40 conditional use permits involving such classes or kinds of uses,
41 special requirements may be imposed.
42
(b) Moreover, if any building existing on the effective
43 date of these provisions is subsequently altered to lncrease
44 floor area by fifty (50) percent or more, or converted from any
45 other use to the uses listed in column 1 of the chart below,
46 off-street loading spaces shall be provided as indicated.
47
(c) Where a building is used for more than one use, and
48 floor area for each use is below the minimum requiring a loading
49 space, the aggregate floor area of the several uses shall be
50 used in determining the number of loading spaces required,
51 provided that such calculations shall be based on the use
52 category requiring the greatest number of loading spaces.
53 TABLE INSET:
Column 1
Use of Use Category
Column 2
Floor Area in
Column 3
Loading Space
2
Square Feet Requirements
Retail stores, 2,000--10,000 1
eating and drinking 10,001-20,000 2
establishments, 20,001-40,000 3
wholesale houses, 40,001-60,000 4
warehouses: repair, 50,000 over 60,000 1 additional
general service,
manufacturing or
industrial
establishments
Hotels, hospitals 5,000--10,000 1
or similar 10,001-50,000 2
institutions or 50,001-100,000 3
places of public Each 100,000 over 1 additional
assembly 100,000
Funeral homes or 2500-4,000 1
mortuaries 4,001-6,000 2
Each 10,000 over 6,000 1 additional
Offices or office 20,000--50,000 1
buildings 50,001-100,000 2
Each 100,000 over 1 additional
100,000
Hotels on lots in Any One
-
the RT-1 or RT-2
Resort Tourist
District having
frontage on a
trolley lane of
Atlantic Avenue
Uses in the RT-2 Any None
-
Resort Tourist
District other than
hotels
54
55
(d) No loading space required under the provisions of this
56 ordinance shall be in any street or alley, but shall be provided
57 wi thin the building or on the lot. No less than half of the
58 required number of off-street loading spaces, but in all cases
59 at least one space, shall have a vertical clearance of at least
3
60 fourteen (14) feet, and the balance of required spaces shall
61 have a vertical clearance of at least ten (10) feet. Each
62 loading space shall have minimum horizontal dimensions of twelve
63 (12) by thirty-five (35) feet. Each space shall be unobstructed
64 and shall be so arranged that any using vehicle may be moved
65 without moving another. Adequate maneuvering areas and access to
66 a street shall be provided and shall have a vertical clearance
67 of at least fourteen (14) feet. All spaces shall be provided and
68 maintained with an all weather surface. Where loading areas are
69 illuminated, all sources of illumination shall be so shielded as
70 to prevent any direct reflection toward adjacent premises in
71 residential, apartment or hotel districts. In addition, loading
72 spaces for three (3) or more vehicles shall have individual
73 spaces marked, and except within the B-3A Pembroke Central
74 Business Core District, spaces shall be so arranged that no
75 maneuvering directly incidental to entering or leaving a loading
76 space shall be on any public street, alley or walkway.
77
78
79
80
81
82
83
84
85
86
87
ARTICLE 15.
RESORT TOURIST DISTRICTS
A.
RT-1 RESORT TOURIST DISTRICT
4
88 Sec. 1502. Dimensional requirements
89
(a) Minimum lot size: Fourteen thousand (14,000) square
90 feet.
91 (b) Minimum lot width: Seventy (70) feet.
92 (c) Minimum yard requirements: Five (5) feet front yard,
93 fi ve (5) feet side yard when adj acent to a street, other than
94 the boardwalk; provided, however, that the Planning Director may
95 allow a lesser or zero setback where:
96
97
98
99
100
101
102
103
104
105
106
107
108
(1) the proposed development is of a type and quality
consistent with applicable standards set forth in the
Comprehensive Plan;
(2) the amenities
and architectural
features
of the
proposed
building
development,
particularly the
design of
facades facing
connector parks
or east-west
oriented streets, are provided in such manner as to
create an attractive and pedestrian-scale streetscape;
and
(3) no mechanical equipment, other than public utility
facilities, or refuse receptacles are visible from
grade level on the public right-of-way.
(d) Maximum height: One hundred (100)
feet
at
the
109 easternmost property line and one and one-half (1 1/2) feet of
110 height for each additional foot west of the easternmost property
5
111 line not to exceed an overall maximum height of two hundred
112 (200) feet.
113
(e) The height of any building or structure may be
114 increased to a maximum height of two hundred (200) feet if
115 permanent open space meeting the following criteria is provided
116 on either (i) the same zoning lot as the building or structure,
117 or (ii) on another lot under the same ownership as the lot on
118 which the building or structure is located and separated from
119 such lot solely by a public street of no more than one hundred
120 (100) feet in width and by a distance no greater than the width
121 of the public street, and:
122
123
124
125
126
127
128
129
130
131
132
133
(1) The open space consists of an area or areas having a
total of no less than fifteen thousand (15,000) square
feet, has a total width at both the eastern and
western property lines of no less than one hundred
(100) feet, aft6 extends continuously from Atlantic
Avenue to the nearest public property lying east of
the open space, and both eastern and western property
lines are no less than twenty-five (25) feet in width;
(2) A pcrpctu.:tl c.:t:Jcmcnt or othcr legal instrument
conveying fee simple title or a perpetual easement to
the city, in form and content acceptable to the city
attorney, ensuring the permanent availability of such
6
134
open space for use by the general public is admitted
135
to record in the clerk's office of the circuit court;
136
and
137
(3)
Such open space is unobstructed by any artificial
138
structure standing more than eighteen (18)
inches
139
above ground level, except for benches, planters or
140
similar
decorative
fixtures,
public
art,
site
141
lighting, bandshells, public rest rooms, stages, or
142
other public amenities approved by the planning
143
director. The location of any such structures shall,
144
where feasible, be located so as to preserve views of
145
the Atlantic Ocean.
146
(f) Notwithstanding the provisions of subsections (d) and
147 (e) hereof, no building or other structure shall exceed the
148
height limit established by section 202(b),
regarding air
149 navigation.
150
151
152
153
154
Sec. 1506. Maximum density ratings.
155
Except as otherwise provided in Section 1507, ~ the
156 maximum density of hotel and motel development shall be one
157 hundred sixty (160) units per acre for the entire zoning lot, of
158 which no more than ten (10) percent shall be dwelling units,
7
159
even
if
partially
occupied by
other
principal
uses
or
160 conditional uses.
161
162
163
164 Sec. 1507. Desired design features and incentives.
165
(a)
For those uses which incorpor~te ~ll of the follo~ing
166
deoired deoign fe~tureo on lots with
(1) a Ninimum lot size
167 minimum area of twenty thousand (20,000) square feet. and having
168
(2)
Setb~clc from e~ot ',;est streets of ~t le~st ten (10)
169
feet
',dth
the
~re~
l~ndsc~ped
in
~ccord~nce
',;ith
the
170
l~ndsc~ping,
ocreening
~nd
buffering
opecific~tions
~nd
171 st~nd~rdo architectural features, site design and landscaping
172 consistent with the Comprehensive Plan, Not',;ithot~nding ~ny
173 provioion to the contr~ry ~bo7e, the maximum density of hotel
174 and motel uses shall be one hundred sixty (160 ) seventy-five
175 (175) units per acre, of which no more than ten (10) percent
176 shall be dwelling units, and uses in conjunction with hotels and
177 motels may occupy up to but not more than twenty (20) percent of
178 the floor area of all structures (excluding parking) located on
179 the lot.
180
(b)
For thooe uses ~hich incorpor~te ~ll of the follo~ing
181 deoired design fe~tures: on lots with (l)Ninimum lot oize a
182 minimum area of forty thousand (40,000) square feet and having
183 architectural features, site design and landscaping consistent
8
18 4 with the Comprehensive Plan, (2) .sctb;::tck from c;::t:Jt \Jcot :Jtrccto
185 of ;::tt lc;::t:Jt fiftccn (15) fcct ',lith thc ;::trc;::t l;::tndoc;::tpcd in
;::tccord;::tncc
',dth
thc
l;::tnd:Jc;::tping,
:Jcrccning
;::tnd buffcring
186
187
:Jpccific;::ttion:J ;::tnd :Jt;::tnd;::trdo.
Not~ith:Jt;::tnding ;::tny provi:Jion to
188 thc contr;::try ;::tbovc, the maximum density of hotel and motel uses
189
shall be efie two hundred :JcTvTcnty fi 7C (175)
(200) units per
190 acre, of which no more than ten (10) percent shall be dwelling
191 units, and uses in conjunction with hotels and motels may occupy
192 up to but not more than twenty-five (25) percent of the floor
193 area of all structures located on the lot.
194
(c)
For thooc uses ~hich incorpor;::ttc ;::tll of thc follo~ing
195 dcoircd dcoign fc;::tturc:J: (1) Hinimum on lots with a minimum area
196 lot :Jizc of eighty thousand (80,000) square feet or on separate
197 lots thc ;::tccumul;::ttion of multiplc p;::trccl:J under common ownership
198 totaling at least eighty thousand (80,000) square feet of l;::tnd
in area, :Juch th;::tt thc p;::trcclo where:
(i)
such lots are
199
200 separated solely by a public streetT of no more than one hundred
201 (100) feet in width and by a distance not exceeding the width of
202
the public street~
(2)~t (ii) at least twenty (20) percent of
203 the floor area of the hotcl use :Jh;::tll bc is ~ for convention
204 ;::tnd/ or or related facili ties-.-, (iii) (3) Thc the entire lot or
205
206
;::tccuffiul;::ttcd p;::trccl:J
integrated fashion-.-,
lots are developed in a functionally
and
(iv)
the uses have architectural
9
207
features,
site design and landscaping consistent with the
208 Comprehensive Plan Upon complying ',;i th the foregoing conditions,
209 the following shall apply, not'..'ithst,:mding ;:my other pro7ision
210 to the contr;::try:
211
212
213
214
215
216
217
218
219
220
221
222
223
(1) The maximum density for hotel and motel uses shall be
one hundred ninety (190) two hundred twenty-five (225)
units per acre, of which no more than ten (10) percent
shall be dwelling units, for the entire accumulation
of parcels-;- ~
(2) Uses in conj unction with a hotel may occupy up to
(3)
fifty (50) percent of the floor area of the
structures-;- ; and
Required parking shall be at least one (1) space per
lodging or dwelling unit or one (1 ) space per two
hundred (200 ) square feet of floor area used for uses
in conjunction with the hotel, whichever is greater.
In addition to the number of units otherwise allowed
(d)
224 pursuant to this section, where open space meeting the criteria
225 set forth in section 1502(e) is provided, the number of hotel or
226 motel units may be increased by one and one-half (1.5) units, of
227 which no more than ten (10) percent may be dwelling units, for
228 everyone thousand (1,000) square feet of open space provided.
229
10
230 Adopted by the City Council of the City of Virginia Beach,
231 Virginia, on this 7TH day of December, 2004.
232
11
- 53-
Item V-L.2.
PLANNING
ITEM # 53317
Upon motion by Vice Mayor Jones, seconded by Council Lady McClanan, City Council ADOPTED applications of
CITY OF VIRGINIA BEACH re the tjh and 1 (jh Street Marriott Project:
APPROVED and AUTHORIZED the non-binding Term Sheet, dated
November 23, 2004, between the City, the Development Authority and Tidewater
Hotels and Resorts,
REQUESTED the Authority adopt a Resolution consistent with this Resolution
approving the Term Sheet, authorizing its execution
AUTHORIZED the City Manager to EXECUTE the Term Sheet on behalf of
the City
A UTHORIZED assignment of the City's lease hold interest in parking spaces at
the cyh Street Parking Garage (now under lease) to the Development Authority:
REQUESTED the Authority adopt a resolution accepting this assignment: and,
A UTHORIZED the City Manager and the City Attorney, on behalf of the City,
to proceed with the development of the necessary documents and appropriate
evidence for this assignment
ESTABLISHED a Capital Project for the cyh and ](fh Street improvement and
AUTHORIZED and TRANSFERRED $1,324,882 from Economic
Development Infrastructure Projects to create these improvements, relocate
the utility lines and construct new connector parks and public accessways
AUTHORIZED the City Manager to execute documents necessary and
appropriate to implement the requirements of the project substantially as outlined
in the Term Sheet
Ordinance upon Application of the City of Virginia Beachfor the discontinuance,
closure and abandonment of a portion of 10th Street, beginning on the east side
of Atlantic Avenue and running in an easterly direction to its terminus.
DISTRICT 6 - BEACH
The following conditions shall be required:
1. The terms and conditions of purchase for the street closure shall be
determined by the City Attorney's Office. Prior to final site plan
approval of the hotel/condominium project, the developer shall
dedicate to the City a perpetual permanent easement or fee interest,
in a form approved by the City Attorney's office, in a fifty-two (52)
foot six (6) inch wide strip of property runningfrom Atlantic Avenue
to the Boardwalk for a relocated 1 (fh Street and a fifty-two (52) foot
six (6) inch wide strip of property running from Atlantic Avenue to
Boardwalk for a new cyh Street. These properties shall provide a public
access and a vista substantially as shown on the exhibit entitled, "First
Floor Concept Plan ", a copy of which is on file in the Planning
Department and which a has been exhibited to the Planning Commission
and City Council,
December 7, 2004
Item V-L.2.
PLANNING
AND,
- 54-
ITEM # 53317 (Continued)
2. A resubdivision plat to vacate internal lot lines to incorporate the closed
area into the adjoining parcels is required. The plat shall be submitted
and approved for recordation prior to final street closure approval.
3. The applicant is required to verifY that no private utilities exist within the
right-of- way proposed for closure. If private utilities do exist, easements
satisfactory to the utility company must be provided.
4. Closure of the right-of- way shall be contingent upon compliance with the
above stated conditions within 365 days of approval (December 6, 2005)
by City Council, If the conditions noted above are not accomplished and
the final plat is not approved within one year of the City Council vote to
close the right-of-way, this approval shall be considered null and void.
5. Prior to conveyance of the right-of-way pursuant to subsection one (1)
above, the developer shall commence construction of the full-service
hotel, condominium resort and conference center in substantial
conformance with, and of the same quality shown on, the conceptual
plans prepared by CMSS Architects, PC, dated November 1, 2004, Sheet
A20I.
AUTHORIZED a temporary encroachment to construct and maintain a paver
pool deck, walkways, to the bike path, decorative loggia with columns, fence on
concrete base, landscaping, and a balcony upon the City's property for OCTO,
INC. at 921 Atlantic Avenue.
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 substantial accordance with plans that shall
have been submitted and approved by the City
2. The temporary encroachment shall terminate upon notice by the City to
the applicant and, within one hundred and eighty (180) 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.
December 7, 2004
Item V-L.2.
PLANNING
- 55 -
ITEM # 53317 (Continued)
4. No permission or authority is given to the applicants 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 encroachments by anyone other
than the applicant.
5. 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 WorksJor final approval
6. The applicant agrees to obtain a permit from the Development Services
Center of the 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.
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-aI-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.
December 7,2004
- 56-
Item V-L.2.
PLANNING
ITEM # 53317 (Continued)
Voting:
9-1
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Richard A. Maddox
Council Members Absent:
Jim Reeve
Items L.1 and L.2 (Marriott Project) were voted upon in ONE MOTION.
December 7, 2004
1
2
3
4
5
6
7
8
9
10
11
12
13
RESOLUTION APPROVING A NON-BINDING
TERM SHEET RELATING TO THE 9TH AND 10TH
STREET MARRIOTT PROJECT AND CERTAIN
CITY OBLIGATIONS, REQUESTING APPROVAL
BY THE VIRGINIA BEACH DEVELOPMENT
AUTHORITY OF THE TERM SHEET AND
CERTAIN AUTHORITY OBLIGATIONS, AND
AUTHORIZING THE DEVELOPMENT AND
EXECUTION OF DOCUMENTS NECESSARY TO
IMPLEMENT THE TRANSACTION AND
ESTABLISHING CAPITAL PROJECT NUMBER
9-067 "9TH AND 1 0 TH STREET IMPROVEMENTS"
14
WHEREAS, on behalf ofthe City of Virginia Beach (the "City"), the City Manager
15
and City staff have engaged in extensive negotiations with representatives of Tidewater Hotels and
16
Resorts (the "Developer") regarding the development of a 4-star full-service Marriott
17
Hotel/Condominium project to be located between 9th and 10th Streets at the Virginia Beach
18
Oceanfront (the "Project");
19
WHEREAS, the Developer has worked with the City Manager and City staff to
20
develop a non-binding term sheet (the "Term Sheet"), which outlines the proposed development of
21
the Project and the proposed responsibilities ofthe City, the Virginia Beach Development Authority
22
(the "Authority") and the Developer with respect to the Project;
23
WHEREAS, the proposed responsibilities ofthe City pursuant to the Term Sheet (the
24
"City Obligations") include (i) the assignment to the Authority ofthe City's leasehold interest in the
25
second through fourth floors ofthe 9th Street parking garage under a lease (as amended, the "Lease")
26
between the City and VB/South Parking, L.L.C. dated May 14, 1996 and (ii) cost participation in the
27
relocation of municipal utility lines and construction of new connector parks and public accessways
28
at 9th and 10th Streets'
,
29 WHEREAS, the proposed responsibilities ofthe Authority pursuant to the Term Sheet
30 (the "Authority Obligations") include (i) the acceptance of an assignment of the City's leasehold
31 interest in the second through fourth floors ofthe 9th Street parking garage under the Lease, (ii) the
32 purchase of the second through fourth floors in the 9th Street parking garage pursuant to the purchase
33 option under the Lease, and (iii) the leasing to the Developer of299 parking spaces on a long-term
34 basis;
35 WHEREAS, the obligations of the Authority outlined in the Term Sheet would be
36 supported by a support agreement between the City and the Authority (the "Support Agreement"),
37 with the obligations of the Authority structured to be paid, subject to annual appropriation, by the
38 Parking Enterprise Fund;
39 WHEREAS, a complete copy ofthe Term Sheet is on file with the City Clerk and was
40 provided to the City Council prior to its December 7, 2004, meeting;
41 WHEREAS, the City Council finds that the Project will stimulate the City's economy,
42 increase public revenues, enhance public amenities and further the City's development objectives for
43 the Virginia Beach oceanfront and provide necessary components to further the goals contained in
44 the City's Comprehensive Plan and Guidelines for Evaluation of Investment Partnerships; and
45 WHEREAS, the City Council desires to (a) approve the Term Sheet, including the
46 City Obligations, (b) request approval by the Authority of the Term Sheet, including the Authority
47 Obligations, (c) establish Capital Project Number 9-067 "9th and 10th Street Improvements, and (d)
48 request and authorize the City Manager to execute documents necessary and appropriate to
49 implement the requirements of the Project substantially as outlined in the Term Sheet.
50 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
51 VIRGINIA BEACH, VIRGINIA;
2
52
53
TERM SHEET
1.
The City Council approves the non-binding Term Sheet dated November 23,
54 2004, (the "Term Sheet") between the City of Virginia Beach (the "City") and Tidewater Hotels and
55 Resorts (the "Developer"), a complete copy of which is on file with the City Clerk, which outlines
56 the proposed development of a 4-star full-service Marriott Hotel/Condominium project to be located
57 between 9th and 10th Streets at the Virginia Beach Oceanfront (the "Project").
58 2. The City Council requests and recommends that the Authority adopt a
59 Resolution consistent with this Resolution approving the Term Sheet and the Authority's obligations
60 under the Term Sheet.
61
62 City.
63 ASSIGNMENT TO AUTHORITY OF LEASEHOLD IN 9TH STREET GARAGE
64 4. The City Council, subj ect to acceptance by the Virginia Beach Development
3.
The City Manager is authorized to execute the Term Sheet on behalf ofthe
65 Authority (the "Authority"), hereby authorizes the assignment to the Authority of the City's
66 leasehold interest in the parking spaces located on the second through fourth floors ofthe 9th Street
67 parking garage under a lease (as amended, the "Lease") between the City and VB/South Parking,
68 L.L.C. dated May 14, 1996.
69 5. The City Council requests and recommends that the Authority adopt a
70 Resolution accepting the assignment to the Authority ofthe City's leasehold interest in the Lease and
71 in the parking spaces located on the second through fourth floors of the 9th Street parking garage.
72 6. The City Manager and the City Attorney, on behalf ofthe City, are authorized
73 to proceed with the development of the documents necessary and appropriate to evidence said
74 assignment, including without limitation, a support agreement between the City and the Authority
3
75 (the "Support Agreement") pursuant to which the obligations of the Authority under the Lease are
76 supported by the City and structured to be paid, subject to annual appropriation, by the Parking
7 7 Enterprise Fund.
78
7.
The City Manager or his designee is authorized to execute and deliver the
79 documents necessary to evidence said assignment, including the Support Agreement, so long as such
80 documents are acceptable to the City Manager and the City Attorney.
81 RELOCATION OF UTILITIES AND CONSTRUCTION OF CONNECTOR PARKS
82 AND ESTABLISHMENT OF CIP NUMBER 9-067
83
84
8.
Capital Project Number 9-067 "9th and 10th Street Improvements" is hereby
85 established. The City Council hereby authorizes the transfer of $1,324,882 from Capital Project
86 Number 9-038 "Economic Development Infrastructure Projects" to Capital Project Number 9-067
87 "9th and 10th Street Improvements". The City Council hereby appropriates $932,118 of Fund
88 Balance from the General Fund to Capital Proj ect Number 9-067 "9th and 10th Street Improvements".
89
9.
The City Council hereby authorizes the relocation by the City ofthe municipal
90 utility lines from existing 10th Street to the northern edge ofthe to-be constructed connector park at
91 10th Street and the City's construction of new connector parks and public accessways at 9th and 10th
92 Streets pursuant to the Term Sheet, including the cost participation by the City with the Developer
93 in such work.
94
10.
The City Manager and the City Attorney, on behalf ofthe City, are authorized
95 to proceed with the development of the documents necessary and appropriate to implement the City's
96 construction obligations as set forth above and the City Manager or his designee is authorized to
4
97 execute and deliver the documents necessary to evidence said obligations, so long as such documents
98 are acceptable to the City Manager and the City Attorney.
99 AUTHORITY'S PURCHASE OF LEASEHOLD INTEREST IN 9TH STREET GARAGE
100 11. The City Council hereby requests and recommends that the Authority exercise
101 the option to purchase from VB/South Parking, L.L.C. the leasehold interest in the 9th Street Garage
102 pursuant to the Lease, which option provides for a closing date on the purchase on or before April,
103 2007.
104
12.
The City Manager and the City Attorney are hereby authorized to proceed with
105 the development of documents necessary to evidence the City's intent to support the Authority's
106 obligation to pay the purchase price of such garage, and to return such documents to the City Council
107 for its approval, together with any necessary appropriations.
108 13. The City Council hereby requests and recommends that the Authority adopt a
109 Resolution (a) exercising the option to purchase the leasehold interest in the 9th Street Garage
110 pursuant to the Lease, subject to such obligation being supported by the City pursuant to the Support
111 Agreement, (b) authorizing the City Manager and the City Attorney, on behalf of the Authority, to
112 proceed with the negotiation for the purchase of such garage earlier than the April 2007 date called
113 for pursuant to the Lease, (c) authorizing the City Manager and the City Attorney, on behalf of the
114 Authority, to proceed with the development of the documents necessary and appropriate to
115 accomplish such purchase, and (d) authorizing the execution of such documents.
116 AUTHORITY'S LEASING TO DEVELOPER OF CERTAIN PARKING SPACES
11 7 14. The City Council hereby requests and recommends that the Authority enter
118 into a lease with the Developer for the leasing, on a long-term basis, of 299 parking spaces located
119 within the 9th Street Garage.
5
120
15.
The City Council hereby requests and recommends that the Authority adopt a
121 Resolution (a) authorizing the leasing to the Developer, on a long-term basis, of299 parking spaces
122 located within the 9th Street Garage, (b) authorizing the City Manager and the City Attorney, on
123 behalf of the Authority, to proceed with the development ofthe documents necessary and appropriate
124 to accomplish such lease, and (c) authorizing the execution of such documents.
127 CA-9430
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126 of
Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 th
day
December , 2004.
APPROVED AS TO CONTENT:
v
/1
6
1
2
3
4 ORDINANCE NO.
5
6
7
8 IN THE MATTER OF CLOSING, VACATING AND
9 DISCONTINUING A PORTION OF THAT CERTAIN
10 STREET KNOWN AS A PORTION OF 10TH STREET
11 BEGINNING ON THE EAST SIDE OF ATLANTIC
12 AVENUE AND RUNNING IN AN EASTERLY
13 DIRECTION TO ITS TERMINUS
14
15
16 WHEREAS, the City of Virginia Beach applied to the Council of the City of
17 Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and
18 vacated; and
19 WHEREAS, it is the judgment of the Council that said street be discontinued,
20 closed, and vacated, subject to certain conditions having been met on or before one (1) year from
21 City Council's adoption of this Ordinance;
22
23 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
24 Beach, Virginia:
25
26 SECTION I
27
28 That the hereinafter described street be discontinued, closed and vacated, subject
29 to certain conditions being met on or before one (1) year from City Council's adoption of this
30 ordinance:
31
32 GPIN's 2427-24-6673-0000 and 2427-24-5785-0000
33
1
33
34 All that certain piece or parcel of land situate, lying and being in
35 the City of Virginia Beach, Virginia, designated and described as
36 the southern sixty feet of 10th Street, which was originally an
37 eighty foot street and amended by Court Order recorded in Deed
38 Book 154, at page 35 and in Deed Book 154, at page 153 in the
39 Clerk's Office of the Circuit Court of the City of Virginia Beach,
40 Virginia, beginning on the east side of Atlantic Avenue and
41 running in an easterly direction to its terminus. Reference being
42 hereby made to the plat recorded in the aforesaid Clerk's Office in
43 Map Book 8, at page 89 which depicts it as a sixty-foot street.
44 Being the same street dedicated on Plat No. Two of the Virginia
45 Beach Development Company recorded in the aforesaid Clerk's
46 Office in Map Book 1, at page 20.
47
48
49
50 SECTION II
51
52 The following conditions must be met on or before one (1) year from City
53 Council's adoption of this ordinance:
54
1.
The terms and conditions of conveyance for the street closure shall be
55 determined by the City Attorney's Office. The City Attorney's Office will make the final
56 determination regarding ownership of the underlying fee. The City Manger is authorized to
57 convey any portion of the right-of-way to the developer of the 4-star, full-service
58 hotel/condominium project to be constructed between 9th and 10th Streets.
59
2.
Prior to final site plan approval of the hotel/condominium project, the
60 developer of such project shall dedicate to the City a perpetual permanent easement or fee
61 interest, in a form approved by the City Attorney's Office in a 52 foot-6 inch wide strip of
62 property running from Atlantic Avenue to the Boardwalk for a relocated loth Street and a 52
63 foot-6 inch wide strip of property running from Atlantic Avenue to the Boardwalk for a new 9th
64 Street. These properties shall provide a public access and a vista substantially as shown on the
2
65 exhibit entitled "First Floor Concept Plan" a copy of which is on file in the Planning Department
66 and which has been exhibited to the Planning Commission and to City Council.
67
3.
Prior to conveyance of the right-of-way pursuant to subsection 1 above,
68 the developer shall commence construction of the full-service hotel/condominium resort and
69 conference center in substantial conformance with, and of the same quality shown on, the
70 conceptual plans prepared by CMSS Architects, PC, dated November 1,2004, Sheet A201.
71
4.
A Resubdivision plat to vacate internal lot lines to incorporate the closed
72 area into the adjoining parcels is required. The plat shall be submitted and approved for
73 recordation prior to final street closure approval.
74
5.
The applicant is required to verify that no private utilities exist within the
75 right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the
76 utility company must be provided.
77
6.
Closure of the right-of-way shall be contingent upon compliance with the
78 above stated conditions within 365 days of approval by City Council. If the conditions noted
79 above are not accomplished and the final plat is not approved within one year of the City Council
80 vote to close the right-of-way this approval shall be considered null and void.
81
82 SECTION III
83
84
1.
If the preceding conditions are not fulfilled on or before December 6,
85 2005, this Ordinance will be deemed null and void without further action by the City Council.
86
2.
If all conditions are met on or before December 6, 2005, the date of final
87 closure is the date the street closure ordinance is recorded by the City Attorney.
88
3.
In the event the City of Virginia Beach has any interest in the underlying
89 fee, the City Manager or his designee is authorized to execute whatever documents, if any, that
3
90 may be requested to convey such interest, provided said documents are approved by the City
91 Attorney's Office.
92 SECTION IV
93 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
94 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
95 VIRGINIA BEACH as "Grantor" and as "Grantee."
96 Adopted by the Council of the City of Virginia Beach, Virginia, on this 7th day
97 of Decemberf , 2004.
98
99 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF
100 ALL COUNCIL MEMBERS ELECTED TO COUNCIL.
101
102
103 CA-9354
104 Date: November 23, 2004
105 HIOID\REAL ESTATEIS!ree! Closure\CA93540RDdoc
106
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APPROVED AS TO CONTENT:
~ IZ.-I~ot
Pl~DeparUnent
APPROV D AS TO LEGAL
SUFFIC CY:
(
4
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE A
4 TEMPORARY ENCROACHMENT INTO
5 A PORTION OF CITY PROPERTY
6 KNOWN AS THE GREENBELT
7 ADJACENT TO 921 ATLANTIC
8 AVENUE BY OCTO, INC. , ITS HEIRS,
9 ASSIGNS AND SUCCESSORS IN
10 TITLE
11
12 WHEREAS, OCTO, Inc. desires to construct and maintain a paver pool deck, two
13 (2), six (6) feet wide paver walkways to bike path, decorative loggia with columns, fence
14 on concrete base, landscaping, and a balcony upon the City's property known as the
15 Greenbelt adjacent to 921 Atlantic Avenue.
16 WHEREAS, City Council is authorized pursuant to ~~ 15.2-2009 and 15.2-2107,
17 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
18 City's property subject to such terms and conditions as Council may prescribe.
19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21 That pursuant to the authority and to the extent thereof contained in ~~ 15.2-
22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, OCTO, Inc., its heirs,
23 assigns and successors in title are authorized to construct and maintain temporary
24 encroachments for a paver pool deck, two (2), six (6) feet wide paver walkways to bike
25 path, decorative loggia with columns, fence on concrete base, landscaping, and a
26 balcony upon the City's property as shown on the map entitled: "EXHIBIT 1 THROUGH
27 5 ENCROACHMENT EXHIBIT OF POOL DECK AREA TIDEWATER HOTELS &
28 RESORTS OCEANFRONT HOTEL AND CONFERENCE CENTER", a copy of which is on
'.
29 file in the Department of Public Works and to which reference is made for a more
30 particular description; and
31 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
32 subject to those terms, conditions and criteria contained in the Agreement between the
33 City of Virginia Beach and OCTO, Inc. (the "Agreement"), which is attached hereto and
34 incorporated by reference; and
35 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
36 is hereby authorized to execute the Agreement; and
37 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
38 time as OCTO, Inc. and the City Manager or his authorized designee execute the
39 Agreement.
40 Adopted by the Council of the City of Virginia Beach, Virginia, on the
41 7th day of December ,2004.
42
43
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51
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55
APPROVED AS TO CONTENTS
~:mc:s C. &t-Wtw..
GNATURE
PW Kf.d Esit\:
DEPARTMENT
APPROVED AS TO LEGAL
"
S ,FFI IENCY AND FORM
CA- q <.{ .3cSl.
PREPARED: 11/24/04
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDA nON TAXES
UNDER SECTION 58.1-811(e) (3)
THIS AGREEMENT, made this _ day of
, 2004, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor,
"City", and OCTO, Inc., a Virginia corporation, ASSIGNS AND SUCCESSORS IN TITLE,
"Grantee", even though more than one.
WIT N E SSE T H:
That, WHEREAS, the Grantee is the owner of that piece or parcel of property,
situated in the City of Virginia Beach, Virginia, more particularly bounded and described as
follows:
BEGINNING at a pin at the intersection of the Southern line of the
right of way of 10th Street and the Eastern line of the right of way of
Atlantic A venue; thence running along said Eastern line of the right of
way of Atlantic Avenue S. 13 degrees 48 minutes 19 seconds E., a
distance of 355 feet to a pin; thence turning and running N. 76 degrees
11 minutes 41 seconds E., a distance of 150 feet to a point; thence
turning and running N. 13 degrees 48 minutes 19 seconds W., a
distance of 355 feet to a point in the Southern line of the right of way
of 10th Street; thence turning and running along said Southern line of
the right of way of 10th Street S. 76 degrees 11 minutes 41 seconds W.,
a distance of 150 feet to a pin, the point of beginning.
IT BEING a portion of the same property conveyed to OCTO,
Incorporated, a Virginia corporation by deed from Littleton C.
Hudgins and Dorothy T. Hudgins, husband and wife, dated March 7,
1969 and recorded March 7, 1969 in Deed Book 1101 at page 334.
IT BEING a portion of the same property conveyed to OCTO,
Incorporated, a Virginia corporation by deed from Virginia Beach
Hotel-Motel Corporation, a Virginia Corporation, Littleton C.
Hudgins, John R. Manby and Dorothy T. Hudgins, Joyce B. Manby
and H & M Corporation, dated March 1, 1969 and recorded March 7,
1969 in Deed Book 1101 at page 329.
GPIN 2427-24-6673-0000
WHEREAS, it is proposed by the Grantee to construct and maintain a paver pool
deck, two (2), six (6) feet wide paver walkways to bike path, decorative loggia with columns,
fence on concrete base, landscaping, and a balcony, "Temporary Encroachment", in the City of
Virginia Beach;
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of an existing City property known as the
Greenbelt adjacent to 921 Atlantic Avenue "The Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within The Encroachment Area.
NOW, THEREFORE, for and in consideration ofthe 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 City of Virginia Beach, and in substantial accordance with plans that shall have been
submitted to and approved by the City, and is more particularly described as follows, to wit:
A Temporary Encroachment into The Encroachment Area as
shown on that certain plat entitled: "EXHIBIT 1 THROUGH 5
ENCROACHMENT EXHIBIT OF POOL DECK AREA
TIDEWATER HOTELS & RESORTS OCEANFRONT HOTEL
AND CONFERENCE CENTER," a copy of which is attached
hereto as Exhibit "A" and to which reference is made for a more
particular description.
2
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 one hundred
and eighty (180) 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.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment
from The Encroachment Area in the event of an emergency or public necessity.
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 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.
3
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 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 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 if it were owned by the Grantee; and if such removal shall not be made within fourteen
(14) days after notice from City following the expiration of the time ordered hereinabove by this
4
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, the said OCTO, Inc. has caused this Agreement to be
executed in its corporate name and on its behalf by its president. 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.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
OCTO, Inc.
By ~jJ. ~
Helen J. Christi<t(President
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2004, 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
, 2004, by RUTH HODGES SMITH, City Clerk for the CITY OF
VIRGINIA BEACH.
Notary Public
My Commission Expires:
{
STATE OF VCt'
CITY/G~UN1'Y OF \1t::\,"1Z...xl.lL~, to-wit:
The foregoing instrument was acknowledged before me this 2:*3~.J day of
\'Jov eX'\ \\( ( , 2004, by Helen 1. Christie, President on behalf of OCTO, Inc.
f\ . ('
N~ (1" ;{l~wb ._
Notary Public
My Commission Expires: CtJ I-~/D~
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFIECIENCY AND FORM
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921 ATLANTIC AVE.
GPIN 2427-24-6673
9TH ST.
~
\\\
lOCA liON MAP ~
ENCROACHMENT REQUESTED
OCTO, INC.
921 ATLANTIC AVENUE
GPIN 2427-24-6673
BY
SCALE: 1" = 200'
OCTO INC.DGN M.J.S.
PREPARED BY PM' ENG. CADD DEPT. NOV, 16, 2004
- 57-
Item V-L.4.
PLANNING
ITEM # 53318
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED, an Ordinance
upon application of BEACH CLUB II UNIT OWNERS' ASSOCIATION, INC. for a Conditional Change of
Zoning:
ORDINANCE UPON APPLICATION OF BEACH CLUB II UNIT OWNERS'
ASSOCIATION, INC. FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM A-18 APARTMENT DISTRICT TO CONDITIONAL
A-24 APARTMENT DISTRICT Z012041207
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Beach Club II Unit Owners' Association, Inc. for
a Change of Zonim! District Classification from A-18 Apartment District to
Conditional A-24 Apartment District on property located at 1100 Indian Road
(GPINS 24177368158640; -8660; -8680; -8670; -8700; -8690; -8720; -8710; -
8740; -8730; -8760; -8750; -8780; -8770; -8800; -8790; -8820; -8810; -8840;
-8830;-8860;-8850;-8880;-8870;-8900;-8890;-8920;-8910;-8940;-8930;
-8960; -8950; -8980; -8970; -9000; -8990; -9020; -9010; -9040; -9030; -9050;
-9060; -9070; -9080; -9090; -9100; -9110; -9120; -9130; -9140; -9150; -9160;-
9170; -9180; -9190; -9200; -9210; -9220; -9230; -9240; -9250; -9260; -9270;
-9280). The Comprehensive Plan identifies this area as being the Oceanfront
Resort Area. DISTRICT 6 - BEACH
The following condition shall be required:
1. 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 Seventh of December Two Thousand Four
Voting:
10-0 (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, Peter W Schmidt,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Jim Reeve
December 7, 2004
CITY OF VIRGINIA BEACH
lNTER-OFFICE CORRESPONDENCE
In Reply RefcrTo Our FIle No DF-6006
DATE' ~ovember 15,2004
FROM.
Leslie L. Lilley
't\ \)\
Wilham M Macah 'J"
DEPT City Attorney
TO'
DEPT City Attorney
RE Conwtlonal ZOnIng Apphcauon
Beach Club n Owners' Association, Ine
The above-referenced condlttonal zomng apphcatlOn lS scheduled to be heard by the City
COW1Cll on December 7,2004 I have reV1ewed the subject proffer agreement, dated July 30, 2004,
and have detennmed It to be legally sufficIent and In proper legal form A copy of the agreement IS
attached
Please feel free to call me I f you have any questIons or WIsh to dtscuss tlus matter further
WMM/nlb
Enclosure
CC' - Kathleen Hassen
I;
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I BEACH CLUB II UNIT OWNERS' ASSOCIATION, INC , a Vlrginla non-stock, non-
I profit corporatIon
I
I
l TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
II CITY OF VIRGINIA BEACH, a mumc1pal corporatton of the Commonwealth of
i V rrg:uua
I THIS AGREEMENT, made thIs 30th day of July 2004, by and between
I BEACH CLUB II UNIT OWNERS' ASSOCIATION, INC. a VirgInia non-stock, non~
1
I profit corporatIon, Grantor; and THE CITY OF VIRGINIA BEACH, a mumclpal
I corporatIon of the Commonwealth of VlTg1D.1a. GRANTEE, party of the second part.
I
I
I
I WHEREAS, the Grantor 1S the owner of a certain parcel of property located
I
I In the Beach Dlstrlct of the Clty of Vlrgmla Beach, contaInmg approXlmately 3.338
I acres and described as "Beach Club II Condomrmum" as more partlcularly
II descnbed In Exh1blt "A" attached hereto and mcorporated hereln by tlus reference
l (the "PropertY'l; and
I WHEREAS, the Grantor has Initiated a condltJ.onal amendment to the
I
i Zonmg Map of the City of Vlrgmla Beach, Virglma, by penbon addressed to the
,
I Grantee so as to change the Zonmg ClassllcatJon of the Property from A-iS
/
I Apartment Dlstnct to Conchuonal A-24 Apartment Dlstnct; and
I WHEREAS, the Grantee's polley 15 to proVlde only
I
i development of land for vanous purposes through zomng
i
I development leg.slatlon; and
I
I WHEREAS, the Grantor acknowledges that the competIng and somebmes
I
! lncompa1:1ble uses conflict and that 1n order to penmt drlfenng uses on and m the
I
I area of the Property and at the same time to recogrnze the effects of change, and
f the need for vanous types of uses, certam reasonable condmons govemmg the use
: of the Property for the protectJon of the communtty that are not generally
Iii applIcable to land slmllarly zoned are needed to cope W1th the sltuatJon to wh1ch
PREPARED 9Y
IIBsvns QOl:RDOS . the Grantor's rezonmg apphcanon gIves nse, and
.. .\!lrR\ & L[\'Y PC: ~\
- I
\ GPIN. 2417-73-6815
I
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WITNESSETH:
for the orderly
and other land
-1-
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1 \VHEREAS, the Grantor has voluntarily proffered, in WrItmg, ill advance of and
lPrIor to the pubhc hearmg before the Grantee, as a part of the proposed amendment to the
Ilzomng Map. ill addttlOn to the regulatlons provIded for the A-24 Zomng DIstnct by the
eXlStmg overall Zonmg Ordmance. the followmg reasonable condItIons related to the
IphysICal development, operatIon, and use of the Property tc be adopted as a part of Bald
I amendment to the ZOnIng Map relatIve and applIcable to the Property, wrnch has a
I reasonable relatlOn to the rezonmg and the need for whIch 1S generated by the rezonmg
I
I NO\V, THEREFORE, the Grantor, for Itself, Its ~uccessors, personal
I
I representatIve s, aSSIgns. grantee. and other successors ill title or mterest, voluntarIly and
I
IWIthout any requll"eID.ent by or exactlon from the Grantee or ItS govermng body and
I
IWIthout any element of compulSIOn or aUld pro QUO for zonmg, rezomng. Site plan, bUlldmg
IpermIt, or subdIvIsIon approval, hereby make the followmg declaratIon of condltlOns and
lrestrlct!ons 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 runnmg WIth the Property, whIch shall be bmdmg upon the Property and upon
lall partIes and persons clalmmg under or through the Grantor, its successors. personal
IrepresentatIves, aSSIgns, grantee, and other successors In mterest or title
lIThe Property as currently developed shall be no more than slXty~five (65)
Imulu-famuy residentIal umts substantially ill conformance With the ExhIbIt entItled
I'SITE PLAN - BEACH CLUB II", dated 6/84, prepared by HoggardJEure ASSOCIates,
iwhlch has been exhIbIted to the Vlrgmla Beach CIty Councll and IS one file WIth the
I
IVrrgIma Beach Department of Plannmg
\ The above condttlOns, haVIng been proffered by the Grantor and allowed and
I
\accepted by the Grantee as part of the amendment to the Zonmg Ordmance, shall
[continue In full force and effect untl.l a subsequent amendment changes the zonmg of the
IProperty and specIi5.cally repeals such condItions Such condItJ.ons shall continue despIte a
I
Isubsequent amendment to the Zonmg Ordmance even If the subsequent amendment lE
I
Ipart of a comprehenSIve ImplementatIOn of a new or substantially reVised Zonmg
IOrdmance until specIfically repealed The conmtlons, howe" er, may be repealed.
PRl'i.PAflED BY I
IIIISYHS BOL'RDO" I!amended. or varIed by wrItten Instrument recorded In the Clerk s Office of the Cll"CU11
.. .\lItR'\ &.lPt 'Y ()C ! r
I,Court of the CIty of \ rrglDIa Beach. VU'gIma. and executed by the record owner of thE
I
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.!
-2-
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I Property at the time of recordation of such Instrument. provIded that saId Instrument IS
i
I consented to by the Grantee m Wl'ltmg as eVidenced by a certIfied copy of an ordmance or
\a resolutIon adopted by the governing body of the Grantee, after a pubhc heanng before
ithe Grantee whIch was advertised pursuant to the prOVISIons of SectIOn 15 2-2204 of the
\Code OfVll'gmla, 1950, as amended Said ordInance or resolutIon shall be recorded along
IWlth saId Instrument as conclusIve eVidence of such consent, and If not so recorded, saId
I
IInstrument shall be VOId
I The Grantor covenants and agrees that
I (1) The Zonmg Admmlstrator of the CIty of VIrginIa Beach, VIrgInIa, shall be
lvested With all necessary authonty, on behalf of the governmg body of the CIty ofVlIglrua
IBeach, VlIgmIa, to admInIster and enforce the foregomg concl..1tlOns and restrIctIOns,
!mCIUdmg the authorIty (a) to order, m wrltmg. that any noncomphance WIth such
IcondItIOnS be remedIed, and (b) to bnng legal actlon or SUIt to msure comphance WIth
jsuch condItIons, mcludmg mandatory or prohIbItory ID]UnctlOn, abatement, damages, or
lother appropriate actIon, Bmt, or proceedmg,
\ (2) The faIlure to meet all conchtlOns and restrIctIons shall constItute cause to
jdeny the issuance of any of the requlIed bUlldmg or occupancy perm1ts as may be
lappropnate,
I (3) If aggneved by any deCISiOn of the Zonmg AduuDlstrator, made pursuant to
Ithese prOVISIOns. the Grantor shall petItIOn the governmg body for the reVIew thereof pnor
Ito InstItutmg proceedmgs In court. and
I (4) The Zomng Map may show by an approprIate symbol on the map the
lexlStence of conmtIons attachmg to the zonmg of the Property, and the orcl..1nances and the
IcondItlODs may be made readIly avatlable and accessIble for publIc inSpectIon In the office
I
:of the Zonmg AdmInIstrator and In the Plannmg Department, and they shall be recorded
!m the Clerk's Office of the CrrcuIt Court of the CIty of VIrguua Beach, VirgInIa, and
I
mdexed In the name of the Grantor and the Grantee
I
PREPAAEO BY 'I
mmSY~[) Ilnl'lmo'\ I
_-\Urn\' 8; If\, PC II
.- I
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WITNESS the followmg SIgnature and seal
Grantor
BEACH CLUB II UNIT OWNERS' ASSOCIATION, INC
By
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MIchael Chmn, PresIdent
(SEAL)
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The foregomg lTIstrument was acknowledged before me thIS 2nd day of August 2004.
by Michael Chmn, PresIdent of Beach Club II Umt Owners' ASSoclatlOn, Ine, a VU"gmla
\ non-stock. non-profit corporatIon, Grantor
.~a /11) 2J cGW
Notary Pubhc
August 31, 2006
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EXHIBIT "A"
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iALL THAT certam resIdentIal condomlDlum entItled and known as BEACH CLUB II,
ilocated m the City of VrrgIma Beach. VIrgInIa. and all common elements appurtenant. as
\more partICularly described. desIgnated, and shown lD that certam CondominIUm
,DeclaratIon dated April 10, 1984, and recorded In the Clerk's office of the CIrCUIt Court of
Ithe CIty of VlIglma Beach, VrrgInl8., Ln Deed Book 2347. at Page 35, WIth the exhIbIts
i thereto
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\!GPI~ 2417-73-6815
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.5-
- 58-
Item V-L.4.
PLANNING
ITEM # 53318
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council DEFERRED until the City
Council Session of December 14, 2004, an Ordinance upon application of STEPHEN LETOURNEA U for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF STEPHEN LETOURNEAU FOR A
CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR GARAGE
Ordinance upon Application of Stephen Letourneau for a Conditional Use Permit
for an automobile repair garage on property located at 156A Chestnut Avenue
(GPIN 1487430393000) DISTRICT 3 - ROSE HALL
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, RichardA. Maddox, Mayor MeyeraE, Oberndorf, Peter W Schmidt,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Jim Reeve
December 7, 2004
- 59-
Item V-L.5.
PLANNING
ITEM # 53320
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an Ordinance upon
Application of THE TERRY COMPANIES FIVE, L.L. C. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF THE TERRY COMPANIES FIVE,
L.L.c. FOR A CONDITIONAL USE PERMIT FOR MULTI-FAMILY
DWELLINGS R0120431212
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of The Terry Companies Five, L.L. C. for a
Conditional Use Permit for multi-family dwellings on property located on the
north side of Shore Drive at its intersection with Cherry Tree Place and
continuing in a westerly direction to the Chesapeake Bay (GPINS
14897971060000; 14898809070000; 14898839890000; 14878920760000;
14898920050000). DISTRICT 5 -LYNNHAVEN
The following conditions shall be required;
1. The site shall be developed substantially in accordance wit the submitted
exhibits entitled "Point Chesapeake, Condominiums on The Chesapeake
Bay", (Site Plan, Aerial Site Mode, Aerial Renderings), Prepared by
CMSS Architects, PC for Terry Companies Five, L.L. C. Said plans have
been exhibited to the City Council and are on file in the Planning
Department.
2. Arhitectural elevation, building material samples, and color samples
shall be submitted for review with the site plan during detailed site plan
review in the Planning Department/Development Services Center.
3. Subject to a revised reservation to maintain the existing and/or
substantially the same gazebo on the property, the applicant shall
dedicate a public perpetual public recreational easement and a perpetual
beach replenishment and maintenance easement in or to facilitate the
perpetual right of the City and the Army Corps of Engineers to maintain,
restore and replenish the public beach. The easement shall runfrom the
mean low water mark on the property to a point that encompasses all of
the sandy beach seaward of the newly established dune line which shall
be determined during detailed site plan review in the Planning
Department/Development Services Center, but in no event shall the
easement be less than one hundred (100) feet landward from the mean
low water mark.
4. Public access shall be critical
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 Seventh of December Two Thousand Four
December 7, 2004
- 60-
Item V-L.5.
PLANNING
ITEM # 53320 (Continued)
Voting:
9-1 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A.
Maddox, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Jim Reeve
December 7, 2004
- 61 -
Item V-L.6.
PLANNING
ITEM # 53321
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an Ordinance upon
Application of THE FRANCISCUS COMPANY, INC. for a Conditional Change of Zoning District Classification:
ORDINANCE UPON APPLICATION OF THE FRANCISCUS COMPANY, INC.
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-1 0 TO
CONDITIONAL A-12 Z012041207
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of The Franciscus Company, Inc. for a Change of
Zoning District Classification from R -10 Residential District to Conditional A -12
Apartment District on property located on the south side of Wesleyan Drive,
544.5feet west of Diamond Springs Road (GPINS 14683417750000; -29760000;
-07450000). The Comprehensive Plan designates this site as being part of the
Primary Residential Area, suitable for appropriately located suburban residential
and non-residential uses consistent with the policies of the Comprehensive Plan.
DISTRICT 4 - BA YSIDE
Thefollowing condition shall be required:
1. 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 Seventh of December Two Thousand Four
Voting:
9-1 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Richard A,
Maddox, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A, Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Jim Reeve
December 7, 2004
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-5954
DATE: November 15,2004
TO:
Leslie L. Lilley
William M. Macali ;)Jl
DEPT: City Attorney
FROM:
DEPT: City Attorney
RE: Conditional Zoning Application
The Franciscus Company, Inc.
The above-referenced conditional zoning application is scheduled to be heard by the City
Council on December 7, 2004. I have reviewed the subject proffer agreement, dated October 15,
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.
WMWnlb
Enclosure
cc:'Kathleen Hassen
'.";-'! t
THE FRANCISCUS COMPANY, INC., a Virginia corporation
MOORE FARM, L.L.L.P., a Virginia limited liability limited partnership
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia
THIS AGREEMENT, made this 15th day of October, 2004, by and between
THE FRANCISCUS COMPANY, INC., a Virginia corporation, party of the first part,
Grantor; MOORE FARM, L.L.L.P., a Virginia limited liability limited partnership,
party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia, party of the third part,
Grantee.
WITNESSETH:
WHEREAS, the party of the second part is the owner of three (3) contiguous
parcels of property located in the Bayside District of the City of Virginia Beach,
containing a total of approximately 7.7 acres as more particularly described as
Parcels 1, 2 and 3, in Exhibit "A" attached hereto and incorporated herein by
reference, which parcels are referred to herein as the "Property"; and
WHEREAS, the party of the first part, as contract purchaser 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-10 Residential District to Conditional A-12
Apartment 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
PREPARED BY:
GPIN: 1468-34-1775
1468-34-2976
1468-34-0745
;JIB SYns. ROURDON.
~ AllrnN & LM. P.c.
1
PREPARED BY:
WHEREAS, the Grantor acknowledges that 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 A-12
Zoning District by the existing overall Zoning Ordinance, 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, perspnal
representatives, assigns, grantee, 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
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, grantee, and other successors in interest or title:
1. When the Property is developed, it shall be substantially 10
accordance with the "Conceptual Layout Wesleyan Heights Multi Family Housing",
dated 10/6/04, prepared by WPL Engineers, Surveyors and Landscape Architects,
which has been exhibited to the Virginia Beach City Council and is on file with the
Virginia Beach Department of Planning ("Concept Plan").
ilID SYlCfS. ROURDON.
MIl AlIfRN & U:VY. P.e.
2
PREPARED BY:
~ SYk'IS. ROURDON,
m AHfRN & ll:VY. P.c.
2. Vehicular Ingress and Egress shall be via one (1) curb cut from the
existing access road shared with the Walgreens located east of the Property.
3. When the Property is developed, there will be no more than seventy-
nine (79) residential condominium units, each of which shall have a garage, within
seventeen (17) buildings as depicted on the Concept Plan.
4. When the Property is developed, the residential structures depicted on
the Concept Plan shall have the architectural design and utilize the building
materials substantially as depicted and designated on the exhibits entitled "THE
FRANCISCUS COMPANY INC. WESLEYAN HEIGHTS 5 UNIT BUILDING
ELEVATIONS" and THE FRANCISCUS COMPANY INC. WESLEYAN HEIGHTS 4
UNIT BUILDING ELEVATIONS", dated October 6,2004, and prepared by Retnauer
Design Associates, P.C., which have been exhibited to the Virginia Beach City
Council and are on file with the Virginia Beach Planning Department
("Elevations") .
5. When the Property is developed, the entrance sign/water feature
designated on the Concept Plan shall be constructed substantially in accordance
with the exhibit entitled "WESLEYAN HEIGHTS ENTRANCE FEATURE" which has
been exhibited to the Virginia Beach City Council and are on file with the Virginia
Beach Planning Department ("Entrance Feature").
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.
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
3
PREPARED BY:
~ SYJ([S. ROURDON,
mu A1I[RN & LID. P.c.
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.
The Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall
be vested with all necessary authority, on behalf of the governing body of the City
of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and
restrictions, including the authority (a) to order, in writing, that any
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 name of the Grantor and
the Grantee.
4
, .
PREPARED BY:
; SYKIS. ROURDON.
AlImN & LEVY. P.c.
WITNESS the following signature and seal:
GRANTOR:
The Franciscus Company, Inc.,
a Virginia corporation
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 21st day of
October, 2004, by John B. Kupfer, Vice President of The Franciscus Company,
Inc., a Virginia corporation, Grantor.
_h.i./Il yY7e~M
Notary Public ...
My Commission Expires: August 31, 2006
5
WITNESS the following signatures and seals:
GRANTOR:
Moore Farm LLLP,
a Virginia limited liability limited partnership
By: EAL)
By: 7Jl~ '71-1, U~~ (SEAL)
Mary . Williams, General Partner
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this ..?otz.. day of
October, 2004, by John G. Williams and Mary M. Williams, General Partners of
Moore Farm LLLP, a Virginia limited liabili limited partnership, Grantor.
My Commission Expires:
2 -Lg -or
6
1-608772.1
10/20/2004
EXHIBIT" A"
PARCEL 1:
ALL THAT certain lot, piece or parcel of land, with the improvements thereon and
the appurtenances thereunto belonging, lying and situate in the City of Virginia
Beach, Virginia and being known, numbered and designated as "Parcel W-2-A" as
shown on that certain plat entitled, "RESUBDMSION PLAT OF PARCELS W-1
AND W-2, SUBDIVISION OF PROPERTY OF JOHN G. & MARY M. WILLIAMS M.B.
207, P. 54 FOR RAD DIAMOND SPRINGS ASSOCIATES, LLC, MARCH 6th, 2000",
prepared by The TAF Group and recorded in Map Book 285 at Page 45 in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia.
TOGETHER WITH AND SUBJECT TO all easements, appurtenances, rights and
obligations set forth in that certain Declaration and Agreement of Easements,
Covenants, Conditions and Restrictions dated April 5, 2000, and recorded in the
Clerk's Office in Deed Book 4225, at Page 1614.
GPIN: 1468-34-2976
PARCEL 2:
ALL THAT certain lot, piece or parcel of land, with the improvements thereon and
the appurtenances thereunto belonging, lying and situate in the City of Virginia
Beach, Virginia and being known, numbered and designated as "A" on that certain
plat entitled, "SUBDMSION OF PROPERTY OF H.C. MOORE, JR., BAYSIDE
BOROUGH, VIRGINIA BEACH, VIRGINIA", dated June 17, 1971, prepared by
Baldwin and Gregg, Engineers-Surveyors-Planners and recorded in Map Book 87,
at Page 27, in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia.
GPIN: 1468-34-0745
PARCEL 3:
ALL THAT certain lot, piece or parcel of land, with the improvements thereon and
the appurtenances thereunto belonging, lying and situate in the City of Virginia
Beach, Virginia and being known, numbered and designated as "B" on that certain
plat entitled, "SUBDMSION OF PROPERTY OF H.C. MOORE, JR., BAYSIDE
BOROUGH, VIRGINIA BEACH, VIRGINIA", dated June 17, 1971, prepared by
Baldwin and Gregg, Engineers-Surveyors-Planners and recorded in Map Book 87,
at Page 27, in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia.
PREPARED BY:
GPIN: 1468-34-1775
DB SYn:s. ROURDON.
D AHrnN & lM. P.c.
CONDITIONALREZONE/FRANCISCUSCOMPANY /WESLEY ANHEIGHTS/PROFFER
7
My commission expires:
Notary Public
.~f'&/~DOS
- 62-
Item V-L. 7.
PLANNING
ITEM # 53322
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council MODIFIED the Land Use
Plan (Approved by City Council on March 11, 2003) upon Application of SALTMEADOW BAY, L.L.c.
ORDINANCE UPON APPLICATION OF SALTMEADOW BAY, L.L.c. FOR A
MODIFICATION TO THE LAND USE PLAN APPROVED BY CITY COUNCIL
ON MARCH 11, 2003.
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application ofSaltmeadow Bay, L.L. C.for a Modification to the
Land Use Plan approved by City Council on March 11, 2003. Property is located
at the western extremity of Oakland Avenue (GPIN 24187031540000). The
Comprehensive Plan identifies this area as being the Oceanfront Resort Area.
DISTRICT 6 - BEACH
Rear yard setbacks for all units will be 20 feet except that stairs, decks, and patios will have a minimum rear yard
setback of 8,5 feet. Second floor cantilevered house popouts (not to exceed 24 inches) and second floor cantilevered
decks (not to exceed 32 inches) are permitted in the rear yard setback.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S.
McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Peter W. Schmidt,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Jim Reeve
Council Lady Wilson DISCLOSED Pursuant to Conflict of Interests Act 92.2-3115 (G) re Item L. 7. (Saltmeadow
Bay), She is real estate agent affiliated with Prudential Decker Realty and represents a buyer of property in the
Saltmeadow Bay development, The City Attorney has advised she is able to participate in the discussion and vote
fairly, objectively and in the public interest. Council Lady Wilson's letter of December 7, 2004, is hereby made a
part of the record.
December 7, 2004
Citye>f Virgi:r1ia Beach
ROSEMARY WILSON
COUNCIL LADY - AT-LARGE
PHONE: (757) 422-0733
FAX: (757) 426-5669
December 7, 2004
Mrs. Ruth Hodges Smith, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Dear Mrs. Smith:
Re: Disclosure Pursuant to Section 2.2-3115(G), Code of Virginia
Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(G), Code of Virginia, I
make the following declaration:
1. I am executing this written disclosure regarding the Saltmeadow Bay, L.L.C.'s
application for Modification of Land Use Plan for property located at the western
extremity of Oakland Avenue (GPIN # 24187031540000).
2. The nature of my personal interest is that I represent a buyer of property in the
Saltmeadow Bay development.
3. I am part of a group (Saltmeadow Bay property owners and those who provide them
professional services) the members of which are affected by the transaction.
4. I am able to participate in this discussion fairly, objectively, and in the public interest.
Accordingly, I respectfully request that you record this declaration in the official records of
City Council.
1304 WREN PLACE, VIRGINIA BEACH, VA 23451
Mrs. Ruth Hodges Smith
-2-
December 7, 2004
Re: Disclosure Pursuant to Section 2.2-3115(G), Code of Virginia
Thank you for your assistance and cooperation in this matter.
Sincerely,
~'/KCL{."lljJ~
Councilmember Rosemary A. Wilson
RA W/RRI
City of Virgir1ia. Bea.ch
LESLIE L. LILLEY
CITY ATTORNEY
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9004
(757) 427-4531
FAX (757) 426-5687
TOO (757) 427-4305
In Reply Please Refer to OP-869
December 7, 2004
Councilmember Rosemary A. Wilson
Virginia Beach City Council
Municipal Center
Virginia Beach, Virginia 23456
Re: Request for Conflict oflnterests Act Opinion
Dear Councilmember Wilson:
I am writing in response to your request for an opinion as to whether the State and Local
Government Conflict of Interests Act would prohibit you from participating in City Council's
discussion of, and vote on, Saltmeadow Bay, L.L.C.'s application for a Modification of Land Use
Plan.
SUMMARY CONCLUSION
Based on my review of the State and Local Government Conflict of Interests Act and the
facts provided by you, I am of the opinion that you have a "personal interest" in Saltmeadow Bay,
L.L.C.'s application for a Modification of Land Use Plan. Nevertheless, as a part of group the
members of which are affected by the transaction, the Act permits you to participate in Council's
discussion of, and vote on, this application, upon disclosure of your interest.
I base the aforesaid conclusion on the following facts which you have presented. Please
review and verify the accuracy of the facts set forth herein as you may only rely upon this opinion
to the extent that those facts are complete and accurate.
Councilmember Wilson
-2-
December 7, 2004
FACTS PRESENTED
In March 2003, City Council approved Saltmeadow Bay, L.L.C.'s application for rezoning
for the construction of 17 single-family dwellings at the western extremity of Oakland Avenue.
Saltmeadow Bay, L.L.C. now has applied for a Modification of Land Use Plan to permit stairs, decks
and patios to have a rear yard setback of8.5 feet and to also permit second floor "popouts" and decks
within that rear yard setback.
You are a real estate agent and are representing a buyer for a house in the Saltmeadow Bay
development. The purchase contract is not contingent in any way upon Council's action on this
application.
ISSUE PRESENTED
Does the Act prohibit you from participating in City Council's discussion of, and vote on,
Saltmeadow Bay, L.L.C.'s application for a Modification of Land Use Plan?
DISCUSSION/CONCLUSION
The State and Local Government Conflict oflnterests Act is set forth in ~ 2.2-3100 et seq.
of the Code of Virginia (1950), as amended. The primary.focus of the Act is on the personal
financial interests of an officer or employee of state or local government in the transactions of, and
contracts with, the governmental or advisory agency of which he or she is a member.
An officer has a personal interest in a transaction if she provides professional services to a
client and that client may realize a reasonably foreseeable direct or indirect benefit or detriment as
a result of the transaction. 1 You provide real estate services to the buyer of property in the
Saltmeadow Bay development. If City Council grants Saltmeadow Bay, L.L.C.'s application,
property owners will gain the right to build stairs, decks, patios, and popouts that encroach 11 1/2
feet into the 20-foot rear yard setbacks. Thus, your client will realize a benefit or detriment as a
result of Council's action on this transaction. Accordingly, you have a personal interest in this
transaction.
1 "'Personal interest in a transaction' means a personal interest of an officer or employee in any
matter considered by his agency. Such personal interest exists when an officer or employee or a member of
his immediate family has a personal interest in property or a business or a governmental agency, orrepresents
or provides services to any individual or business and such property, business, or represented or served
individual or business (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct
or indirect benefit or detriment as a result of the action of the agency considering the transaction." Va. Code
S 2.2-3101.
r
Councilmember Wilson
-3-
December 7, 2004
Although you have a personal interest in this transaction, the Act permits an officer to
participate in transactions in which she has a personal interest, upon disclosure, if she is part of a
group, the members of which are affected by the transaction. This transaction will affect the owners
of each ofthe 17 dwellings in the development. Because you are part of a group-Saltmeadow Bay
property owners and those who provide them professional services-the members of which will be
affected by this transaction, the Act permits you to participate in Council's discussion and vote on
this matter, upon disclosure. I have enclosed a proposed disclosure letter for your use.
As a final note, the Conflict of Interests Act deals with the types of influences upon a public
officer's judgement which are clearly improper. The law does not, however, protect against all
appearances of improper influence. In that respect, the Act places the burden on the individual
officer to evaluate whether the facts presented create an appearance of impropriety which is
unacceptable or which could affect the confidence of the public in the officer's ability to be
impartial.
Please contact me should you desire any additional information.
Very truly yours,
encl.
LLL/RRI
- 63-
Item V-M.l.
APPOINTMENTS
ITEM # 53323
BY CONSENSUS, City Council RESCHEDULED:
BIKEWAYS and TRAILS ADVISORY COMMITTEE
CHESAPEAKE BAY PRESERVATION AREA BOARD (CPAB)
COMMUNITY POLICY AND MANAGEMENT TEAM - CSA At Risk
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HEALTH SERVICES ADVISORY BOARD
HISTORICAL REVIEW BOARD
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE
MINORITY BUSINESS COUNCIL
PARKS AND RECREATION COMMISSION
PENDLETON PROJECT MANAGEMENT BOARD
TOWING ADVISORY BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION - VBCDC
December 7, 2004
Item V-M.2.
APPOINTMENTS
- 64-
ITEM # 53324
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
AND, REAPPOINTED
AND, APPOINTED:
Voting: 9-0
Council Members Voting Aye:
Ruth W. Bell
C. Gregory Johnson
Jimmie A. Koch
Vincent Olivereri
BOARD OF BUILDING CODE APPEALS
BUILDING MAINTENANCE
Michael G. Swindell- Master Electrician
James S. Witcher -Master Electrician
Gary Smith - Licensed Electrician
BOARD OF BUILDING CODE APPEALS
ELECTRICAL DIVISION
2 Year Terms
01/01/05 -12/31/06
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, RichardA, Maddox, Mayor Meyera E. Oberndorf, Peter W Schmidt,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Jim Reeve and Ron A, Villanueva
December 7,2004
- 65 -
Item V-M.3.
APPOINTMENTS
ITEM # 53325
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
William M. Davenport - Surveyor Lead Planner
Frank L. Mathews - Building Supply
Kenneth Rodman, Jr. State Registered Engineer
Robert L. Yoder - State Registered/Licensed Engineer
2 Year Terms
01/01/05 -12/31/06
BOARD OF BUILDING CODE APPEALS
NEW CONSTRUCTION
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, Peter W Schmidt,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Jim Reeve and Ron A. Villanueva
December 7, 2004
- 66-
Item V-M.4.
APPOINTMENTS
ITEM # 53326
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Richard S. Corner - Licensed Architect
Donald D. Jones, Sr. - Master Plumber
Peter C. Striffler - Register Engineer
James D. Wells - Registered Building Contractor
2 Year Terms
01/01/05 - 12/31/06
BOARD OF BUILDING CODE APPEALS
PLUMBING and MECHANICAL DIVISION
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Peter W. Schmidt,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Jim Reeve and Ron A. Villanueva
December 7, 2004
- 67-
Item V-M.5.
APPOINTMENTS
ITEM # 53327
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Larry E. Stampe - Centerville
Lee A. Williams - Rose Hall
Joan Wright - Lynnhaven
5 Year Terms
01/01/05 -12/31/09
BOARD OF ZONING APPEALS (BZA)
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, RichardA. Maddox, Mayor MeyeraE, Oberndorf, Peter W. Schmidt,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Jim Reeve and Ron A. Villanueva
December 7, 2004
- 68-
Item V-M.6.
APPOINTMENTS
ITEM # 53328
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Dolores N. Bartel- Family Member
Michael L. Clark
Martha McClees
Stanley W. Sawyer
3 Year Terms
01/01/05 -12/31/07
COMMUNITY SERVICES BOARD (CSB)
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, RichardA, Maddox, Mayor MeyeraE. Oberndorf, Peter W Schmidt,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Jim Reeve and Ron A. Villanueva
December 7, 2004
- 69-
Item V-M.7.
APPOINTMENTS
ITEM # 53329
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Michael J. Standing, Jr.
Sylvia N. Strickland
3 Year Terms
01/01/05 -12/31/07
RESORT ADVISORY COMMISSION
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, Peter W Schmidt,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Jim Reeve and Ron A. Villanueva
December 7, 2004
- 70-
Item V-M.8.
APPOINTMENTS
ITEM # 53330
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Christopher Wood
Unexpired Term thru 08/31/05 plus 3 Years
09/01/05 - 08/31/08
REVIEW and ALLOCATION COMMITTEE [COG]
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, RichardA. Maddox, Mayor Meyera E. Oberndorf, Peter W. Schmidt,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Jim Reeve and Ron A, Villanueva
December 7, 2004
- 71 -
Item V-M.9.
APPOINTMENTS
ITEM # 53331
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Wade P. Kyle (Alternate)
4 Year Term
01/01/05 -13/31/08
SOUTHEASTERN PUBLIC SERVICE AUTHORITY - SPSA
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, RichardA, Maddox, Mayor Meyera E. Oberndorf, Peter W. Schmidt,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Jim Reeve and Ron A, Villanueva
December 7,2004
- 72-
Item V-Po
ADJOURNMENT
ITEM # 53332
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:29 P.M.
@:::tf;;;:f;~-.l
Chief Deputy City Clerk
~~:dk;=
- -- ---
- ---------- --~
Ruth Hodges Smith, MMCA
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
After ADJOURNMENT, Public Comments relative Non Agenda Items were heard.
December 7,2004
- 72 -
Item V-P.
ADJOURNMENT ITEM#53332
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:29 P.M.
0.. 7 4 042
Beverly O. Hooks, CMC
Chief Deputy City Clerk
uth Hodges mith, M
MCA CA Meyera Oberndorf
City Clerk Mayor
City of Virginia Beach
Virginia
After ADJOURNMENT,Public Comments relative Non Agenda Items were heard
December 7, 2004
- 73-
PUBLIC COMMENTS
Non Agenda Items
Phillip G. Moerschell, 2404 Deepwater Way, Phone: 471-4058, President of the Indian River Woods Civic
Association, requested a Variance to Ordinance No. 1965 regarding Street Tree Planting in accordance with Section
1.4(b) in the Virginia Beach Subdivision of Indian River Woods. Mr, Moerschell presented a petition signed by all
twenty-two (22) homeowners of the community. Said petition is hereby made a part of the record.
December 7, 2004