HomeMy WebLinkAboutNOVEMBER 22, 2005 MINUTES
CITY OF VIRGINIA BEACH
COMMUNITY FOR A LIFETIME
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
HARRY E. DIEZEL Kempsville - District 2
ROBERT M. DYER, Centervil/e - District I
REBA S. McCLANAN, Rose Hall - District 3
RICHARD A. MADDOX, Beach - District 6
JIM REEVE, Princess Anne - District 7
PETER w: SCHMIDT, At-Large
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL
CITY COUNCIL AGENDA
CITY HALL BUILDiNG
2401 COURTHOUSE DRIVE
ViRGINIA BEACH, VIRGiNIA 23456-8005
PHONE:(757) 427-4303
FAX (757) 426-5669
E-MAIL: Ctycncl@vbgov.com
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
CITY CLERK - RUTH HODGES SMITH, MMC
22 November 2005
I.
CITY MANAGER'S BRIEFINGS
- Conference Room -
1:00 P.M.
A. MAGNA CARTA EXHIBIT
Mark A. Reed, Historic Resources Coordinator
Department of Museums and Cultural Arts
Timothy Guy, Director, Aukett Brockliss Guy (ABG),
Joint Venture Communications and Design Consultancy
B. HISTORIC KEMPSVILLE PLAN
Clay Bernick, Environmental Management Program Administrator
Department of Planning
C. TOWING REGULATIONS
Louie Ochave - Chairman, Towing Advisory Board
II. CITY COUNCIL COMMENTS
III. REVIEW OF AGENDA ITEMS
IV. INFORMAL SESSION
- Conference Room -
2:30 P.M.
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- Council Chamber -
6:00 P.M.
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
INVOCATION:
Reverend J. Scott Griffin
Lynnhaven Presbyterian Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1.
INFORMAL AND FORMAL SESSIONS
November 8, 2005
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARINGS
1. FARMER'S MARKET LEASE - FLS Corporation T / A The Nesting Box
2. EXCESS CITY PROPERTY - Fire Station near Seatack Elementary School
3. TAXI CAB INCREASE
I. CONSENT AGENDA
J. RESOLUTIONS/ORDINANCES
1. Resolution PROVIDING for the issuance and sale of General Obligation Public
Improvement Bonds, heretofore authorized, in the maximum amount of $80,000,000 for
various public facilities and general improvements.
2. Resolution to ADOPT the findings in the Formal Needs Assessment Report and
AUTHORIZE the City Manager to issue a Request for Formal Renewal Proposal to Cox
Communications of Hampton Roads, LLC for their cable television franchise.
3. Ordinances to AMEND City Code:
a. SS 7-1, 7-65, 7-66, 7-67 and 7-68 re regulation of golf carts and utility vehicles
b. S 6-114 re restrictions launching, landing, parking or stationing recreational
vessels in certain areas
c. Deferred Compensation Plan
(i.) AMEND SS 2-121, 2-122 and 1-123 re the Deferred Compensation Plan
and Board Membership
(ii) Resolution to provide a Deferred Compensation Investment Policy
4. Ordinance re EXCESS PROPERTY adjacent to the Fire Training Center:
a. DECLARE City-owned land at rear of Seatack Elementary School as
excess property
b. AUTHORIZE the purchase of9.3 acres by:
(i) Exchange of a one (1) acre parcel
(ii) Purchase 8.3 acre parcel
5. Ordinance to AUTHORIZE the City Manager to renew leased Spaces Nos. 1 and 2 at the
Farmer's Market to FLS Corporation, t/a The Nesting Box.
6. Ordinances to AUTHORIZE a temporary encroachments into portions of City property:
a. Rouse Drive by ROUSE I, LLC to install and maintain PVC conduit for telephone
and computer lines
b. Diamond Springs Road by R. M. CLARKE, L.L.c. to install and maintain
conduit for network cables
7. Ordinance to ADD one full-time employee position to the City Attorney's Office and
TRANSFER $44,134 from the Contingency Fund to the City Attorney's FY2005-06
Operating Budget.
8. Ordinances to ACCEPT and APPROPRIATE:
a. $2,500 from the Virginia Office of the Attorney General TRIAD Crime
Prevention for Senior's Grant and $1,000 from the Wal-Mart Foundation to the
Police Department's FY2005-06 Operating Budget re purchase of Project
Lifesaver equipment
b. $605,866 from the Virginia Compensation Board to the Clerk of Circuit Court's
FY 2005-06 Technology Trust Fund as reimbursement for technology expense
K. PLANNING
1. Application ofK & SONS, INC. for the Modification ofthe Indian Lakes Land Use Plan to
allow a gasoline station in conjunction with a convenience store at 1196 Indian Lakes
Boulevard (Deferred by City Council on October 11 and November 8, 2005).
(DISTRICT 2 - KEMPSVILLE)
DEFERRED:
RECOMMENDATION:
November 8, 2005
DENIAL
2. Application of DONALD G. PRATT for a Modification ofProfJers from the Conditional
Change of Zoning granted by the City Council on April 11, 2000, re an additional office
building at 2244 General Booth.
(DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION:
APPROVAL
3. Petition for a Variance to ~ 4.4(b) of the Subdivision Ordinance that requires all newly
created lots meet all the requirements of the City Zoning Ordinance (CZO), Subdivision
for WILLIAM L. PAGE, to vacate an existing property line of two adjacent properties,
remove an existing single family home and resubdivide creating two new lots of equal
size at 1544 West Little Neck Road.
(DISTRICT 5 - L YNNHA VEN)
RECOMMENDATION:
APPROVAL
4. Application of BLUE HORSESHOE TATTOO V, Ltd. for a Conditional Use Permit
re a tattoo and body piercing establishment at 71-125 South Witchduck Road.
(DISTRICT 2 - KEMPSVILLE)
RECOMMENDATION:
APPROVAL
5. Application of SPRINT COM, INC. for a Conditional Use Permit re development ofa
communication tower and maintenance cabinets at 1000 North Great Neck Road.
(DISTRICT 5 - L YNNHA VEN)
RECOMMENDATION:
APPROVAL
6. Application of STEVEN KREVER for a Change of Zoning District Classification from
0-2 Office District to Conditional B-1 Neighborhood Business District at 3712 South
Plaza Trail re a delicatessen. (Deferred by City Council on October 11, 2005)
(DISTRICT 3 - ROSE HALL)
DEFERRED:
RECOMMENDATION:
October 11,2005
APPROVAL
7. AMENDMENTS to REORDAIN and REPEAL the City Zoning Ordinance (CZO)
a. 9 221.1 re specific standards for conditional uses within certain Air Installations
Compatible Use Zones (AICUZ); and, ADD Article 18, 991800 - 1807 re
discretionary development applications and sound attenuation requirements in
buildings and structures in certain AICUZ
b. Airport Noise Attenuation and Safety Ordinance (Appendix 1) re sound
attenuation requirements in certain buildings, structures and required disclosures
in residential real estate transactions
c. Official zoning map by designation and incorporation of the NAS Oceana-
NALF Fentress Interfacility Traffic Area
d. Comprehensive Plan by the incorporation of the NAS Oceana - NALF Fentress
Interfacility Traffic Area Map
e. Comprehensive Plan, Chapters 1 (Introduction and General Strategy), 2
(Strategic Growth), 3 (Primary Residential Areas), 5 (Princess Anne/Transition
Area) and 9 (Natural Resources and Environmental Quality Plan), Appendix of
the Policy Document and Princess Anne Corridor Plan to incorporate provisions
of AICUZ, the Hampton Roads Joint Land Use Study and AICUZ Overlay
Ordinance
DEFERRED:
RECOMMENDATION:
October 25,2005
Defer to December 20, 2005
L. APPOINTMENTS
BEACHES and WATERWAYS COMMISSION
BOARD OF ZONING APPEALS
CHESAPEAKE BAY PRESERVATION AREA BOARD
COMMUNITY SERVICES BOARD
GOVERNANCE COMMITTEE FOR HISTORIC SITES
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE
HISTORICAL REVIEW BOARD
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
PERSONNEL BOARD (Alternates)
PLANNING COMMISSION
RESORT ADVISORY COMMISSION (RAC)
SENIOR SERVICES OF SOUTHEASTERN VIRGINIA (SEV AMP)
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORAITON (VBCDC)
WETLANDS BOARD (Alternates)
M. UNFINISHED BUSINESS
N. NEW BUSINESS
1. ABSTRACT OF VOTES - GENERAL ELECTION - November 8, 2005
O. ADJOURNMENT
*******
lfyou 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 at 1-800-828-1120
***********
Agenda ll/22/2005gw
www.vbgov.com
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
22 November 2005
Mayor Meyera E. Oberndorf called to order the CITY MANA GER'S BRIEFING re the MA GNA CARTA
EXHIBIT in the Council Conference Room, City Hall, on Tuesday, November 22,2005, at 1:00 P.M
Council Members Present:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Ron A, Villanueva,
Rosemary Wilson and James L. Wood
Council Members Absent:
Richard A. Maddox
[Entered: 3:00 P.M.]
Jim Reeve
[Early Flightfor Family Thanksgiving]
Peter W. Schmidt
[Entered: 2:20 PM.]
- 2-
MA YOR'S COMMENTS
ITEM # 54615
Mayor Oberndorf announced Ruth Hodges Smith, City Clerk, and Mary Russo, the City's Volunteer Co-
ordinator, have been named Sister Cities InternationalS(fh Anniversary Distinguished Volunteers. The
Mayor's Sister City Commission nominated Ruth and Mary to the Circle of Distinguished Volunteers
because of her unflagging dedication and support to the success of the Sister City program. They will be
honored at the 5(Jh Anniversary Conference in a special Musical Tribute to Citizen Diplomats at the Warner
Theatre on Saturday afternoon, July 15, 2006.
November 22, 2005
- 3 -
C IT Y MANA G E R 'S B R IE FIN G
MAGNA CARTA EXHIBIT
1:00 P.M.
ITEM # 54616
The City Manager introduced Lynn Clements, Director - Department of Museums and Cultural Arts, Mark
A. Reed, Historic Resources Coordinator - Department of Museums and Cultural Arts; and, Mac Rawls,
Chair - Virginia Beach/Jamestown 2007 Steering Committee.
Mark A. Reed, advised the Department of Museums and Cultural Arts and the Virginia Beach/Jamestown
Steering Committee have been working on a number of activities to commemorate the Four Hundredth
(400th) Anniversary of the landing of the Jamestown Settlers at Cape Henry in 1607. One of the most exciting
aspects is to post an exhibition of important documents and artifacts related both to English history and the
creation of the United States of America, The Magna Carta exhibit is the central document to all ideas of
liberty and freedom. Mr, Reed recognized Uschi Butler, Chairman of the Contemporary Art Center, and
Cameron Kitchin, Executive Director - Contemporary Art Center. The Contemporary Art Center is the
planned location for the exhibit. The Honorable Peter Ellis, Justice of the Peace - Lincolnshire, England
and an Honorary Citizen of Virginia Beach, and has been tasked to secure important documents from
England. Judge Ellis initiated the inquiries with Lincoln Cathedral regarding the Magna Carta loan.
Timothy Guy, Director - Aukett, Brockliss, Guy (ABG), the firm which is producing the exhibit, is also the
principal in Timothy Guy Designs and will be presenting information relative the exhibit,
Mr. Guy displayed various photographs depicting examples of ABG 's clients: Saint Martin's Church (which
the Chinese Community has adopted as their church in England), Buckingham Palace, Hampton Courts,
Saint Paul's, Windsor and the London Tower. His firm also specializes in signage and interpretation. The
Very Reverend Dr. Alec Knight, Dean of Lincoln Cathedral, who visited Virginia Beach last year, sent the
following message: "After much thought and prayer, I have decided it is time to retire. Her Majesty, The
Queen accepted my request which will take effect the Thirty-first of March 2006. This will have no effect
on the Cathedral's plan for Magna Carta, as we have a very good team in place here who are more than
capable of delivering Chapters undertakings. In the interim, I will continue to be working with Roy
Benthram, our Chief Executive, to bring the plans to fruition. "
The majority of the colonists came from Lincolnshire and Suffolk. Lincoln has one of the finest medieval
libraries in the World wishes to share the resources with the City. The Wren Library was designed by
Christopher Wren and is very appropriate for the links between the two nations, Never before has Magna
Carta and the Declaration of Independence been displayed together.
Our Vision
1215's relevance to today
Taking freedom for granted
The 1607 landing at Virginia (Magna Carta cited four times on
the first day)
Bringing unique documents relating to John Smith to the
United States and Virginia Beach for the first time
With the assistance of the Philadelphia Historical Society and
others creating own zone
Bringing Virginia Beach and Lincoln together forever
Telling Virginia Beach's story across America
A permanent memento for every student in each of the ten (10)
locations
November 22, 2005
-4-
CITY MANA GER 'S BRIEFING
MAGNA CARTA EXHIBIT
ITEM # 54616 (Continued)
Mr. Guy outlined the steps involved in the history of securing the Magna Carta Exhibit:
From the beginning
April 2003 - December 2004 Testing original ideas with United States National Archive,
British Library, Visit Britain, Washington Chamber of
Commerce, The British Council and the Palace of West minister
January 4, 2005 Go-ahead with funding
February 9,2005 United States visit - Virginia Beach, Philadelphia and
Washington
April 14, 2005 United States visit - Boston, Philadelphia, Dames and Barons of
Magna Carta Annual Dinner
May 2005 Writing First Draft Business Plan
June 14, 2005 Presentation to City Council
July 7, 2005 Presentation to Chapter
July 27,2005 United States visit. The Chief Executive and Aukett, Brockliss,
Guy (ABG) agreeing sponsorship, venue proposals and meeting
the National Education Association Chief Executive.
There are two (2) copies of the Magna Carta housed in the British Library. One is in very bad condition due
to a {ire in the EiJ?hteenth Century, The other copy is the Library's star exhibit.
From now on ...
July - December 2005 Seeking United Kingdom sponsors and venues
November 22, 2005 Aukett, Brockliss, Guy (ABG) meeting with Mayor Oberndorf
and report to the City Council
December 5,2005 Completion of Phase 2 - Seeking funding and venues. Report to
Chapter
January/February 2007 Shipping
March 2007 Preview at The White House
Early April 2007 Exhibition opens at Virginia Beach
Quatrocentennial Virginia Beach April 24-26
Mr. Guy displayed a depiction of one the first printed maps showing the location of the Colonists Landing
at Cape Henry. This map is under the ownership of Lincoln. Twenty-five (25) Barons signed the Declaration
at Runnymede. Mr. Guy advised the proposed Exhibit's Treasurers: 1215 Magna Carta, Virginia Library
Dunlap Broadside, The Little Charter (The Charter of the Forest 1217), First Colonists' books, papers
and maps, The Cornwallis Sword, Benjamin Franklin papers, historic newspapers, The Franklin Press,
Earl Macclesjield private collection, Palace of West minister and Contemporary charters (replicas, etcetra)
November 22, 2005
-5-
C IT Y MANA G E R 'S B R IE FIN G
MAGNA CARTA EXHIBIT
ITEM # 54616 (Continued)
There are only two (2) Little Charters in the World (both owned by Lincoln). This pertains to the "right to
roamfreely", "The Authors of Liberty - Magna Carta and the Price of Freedom 2007 USA 2009" is the
trademark, the name of the Exhibition has been registered Worldwide. This trademark will be adaptedfor
each of the venues i.e. contain the name Virginia Beach and dates.
"Authors of Liberty" on Tour
Sharing the vision
The messages Magna Carta contains - Power, symbolism, appeal,
influence
Commemorating Virginia Beach's place in history
Moving Lincoln 3000 miles west
First colonists set off from Immingham
Kent Coast and Falmouth, Cornwall
Ten (10) cities, twenty-five (25)months
Potential visitor audience 2-MILLION
Internet audience 1.3-BILLION
The Big Venues
Venue discussions with:
Virginia Beach (Contemporary Arts Center opening April 2007)
Washington, DC (either in the New Museum or the Reagan
Building)
Mount Vernon is also interested in a signature event
New York (New York Museum of History)
Boston (City Archivist)
Salt Lake City (links with Boston and Lincoln)
Philadelphia (National Education Association 100 years,
Constitution Center - opening prior to July 4, 2007)
Orlando (Machinists Union)
Chicago (National Education Association Grand Meeting 2008)
Los Angeles (Getty, City Museum, et cetera)
Smaller venues wishing to be considered include: The Presidential Libraries; Jackson, Alabama, Reno,
Charlottesville (Monticello); Mount Vernon, Baton Rouge; Austin, Texas
Wayne Valis Associates has been engaged to retain sponsorships and are currently in discussion with thirty
(30) major institutions, Funding to support feasibility now stands at $400, 000 (including support of Virginia
Beach).
November 22,2005
- 6-
C IT Y MANA G E R 'S B R IE FIN G
MAGNA CARTA EXHIBIT
ITEM # 54616 (Continued)
Exhibition Concept, Interpretation and Design
Three (3) versions are now under consideration with full costings:
8,500 square feet, highest quality special effects and
interactives with traveling audio-visual theatre, education suite
and hospitality area, including 2000 square foot retail
($12.365-MILLION)
7,000 square feet, highest quality special effects and
interactives without theatre and smaller ancillary spaces
($1 O. 415-MILLION)
4,500 square feet, highest quality special effects and
interactives without theatre and smaller ancillary spaces
($5-MILLION)
Themes and stories underway
Tour team identified
Mr, Guy displayed a depiction of the Exhibition concept. The Exhibition Consultant, Paul Williams, has just
been appointed as a Role Designer for Industry, Only ninety-six (96) awards have been made since 1936.
This appointment is awarded to individuals who have achieved sustained excellence in the aesthetic and
efficient design for industry. A 501 (c) (3) Foundation has been established in Lincoln. The prime purpose is
to achieve a range of educational outcomes, The parties include: Lincoln Cathedral - artifacts, Aukett,
Brockliss, Guy (ABG) - design, Valis Associates - sponsorship, and, McDermott, Will and Emery - legal,
Mark Reed described the Action Plan for the City of Virginia Beach
Partner with Contemporary Art Center of Virginia
Develop Memorandums of Understanding with the Contemporary Art
Center of Virginia and Authors of Liberty Foundation
Contemporary Art Center of Virginia to contract for Project Manager
Project Manager housed at Contemporary Art Center of Virginia and
supported by City and the Art Center.
The Project Manager will coordinate $1-MILLION fund raising (private funding not City) initiative with
the Contemporary Art Center of Virgin ia Board of Trustees and other leading citizens. The Project Manager
will provide oversight of exhibition planning on behalf of the Art Center and the City, as well as assisting
in other areas of exhibition management
November 22, 2005
- 7 -
C IT Y MANA G E R 'S B R IE FIN G
MAGNA CARTA EXHIBIT
ITEM # 54616 (Continued)
Financial Considerations
City Council has already committed $100,000 toward the feasibility
study and business plan
Additional $150,000 to bring exhibit here
Expenditures to date - $127,551.88
Exhibition Operating Expenses - $500,000
Tour Cost - $l-MILLION - Private funding
Other Considerations
Merchandise and Admissions Revenues will need to be negotiated
Significant National/International exposure
Valuable educational experience for all ages
Unparalleled opportunity for Virginia Beach to host a "blockbuster
exhibit"
Mr. Reed will confer with the Authors of Liberty Foundation concerning costs re bringing the Exhibit to
the United States be spread among the beneficiaries and not just Virginia Beach.
Mr. Guy anticipated approximately 2,000 people a day would visit the Magna Carta Exhibit.
City Council has previously committed $100,000 toward the feasibility study and business plan.
BY CONSENSUS, City Council indicated an additional $150,000 could be expended.
November 22, 2005
- 8-
C IT Y MANA G E R 'S B R IE FIN G
HISTORIC KEMPSVILLE PLAN
2:12 P.M.
ITEM # 54617
The City Manager introduced Clay Bernick, Environmental Management Program Administrator, to present
information relative the Historic Kempsville Plan, a three (3) year process,
Mr. Bernick advised Kempsville was one of the earliest sites of settlement in the City. In 1650, George
Kempe, bought a parcel of property at the head of navigation on the eastern branch of the Elizabeth River
to create a place to ship his tobacco to Great Britain, Afew years after this, Kempsville was established as
the County Seat. By 1700, Kempsville was a thriving seaport. In 1778, Kempsville became the County Seat
for Princess Anne and remained the County Seat until 1824, when it moved to the now Princess Anne
Municipal Center. Governor Thomas Jefferson authorized construction of a canal, which was to link
Kempsville to the Lynnhaven. This was a methodfor the American Navy to avoid blockades by the British,
which ultimately resulted in the War of 1812. On November 15, 1775, Lord Dunmore had retreated from
the Capital in Williamsburg to Kempsville. He died in Kempsville and was the first casualty of the
Revolution.
The City is in the midst of a project with the Virginia Department of Transportation, "First Cities Initiative ",
a major intersection improvement project in the Kempsville area ($50-MILLION investment).
Why a Historic Kempsville Master Plan?
To leverage public investments in planned transportation
improvements into helping create a special character for the area by:
Promoting a combination of both public amenities and private
development with redevelopment opportunities
Recreating a "sense of place" and identification
Fostering better integration with the adjoining neighborhood
context
To reestablish a unique "sense of place" with the intention of building
a bridge between the remains of its past and the prospect for its future
as an important destination in the City
Mr. Bernick displayed an aerial photograph of Historic Kempsville with the area, which would be covered
by the Historic Kempsville Master Plan,
November 22,2005
- 9-
CITY MANA GER 'S BRIEFING
HISTORIC KEMPSVILLE PLAN
ITEM # 54617 (Continued)
Planning Process
Community driven (Kempsville Center Strategy Consultant Assistance with Design Services
group)
Thirty-jive (35) community meetings Eight (8) Quadrant Meetings
Citizen Information Meeting Numerous Individual meetings with interested
parties and property owners
Coordination with Roadway Improvement Project
Vision
To recreate a village setting, building on the natural setting and
historic character and importance of the area while:
accommodating reasonable development and redevelopment
opportunities for property owners in a manner that is a
compatible with the new roadway system
maintaining and improving access to serve existing commercial,
office and institutional uses
not exacerbating vehicular traffic congestion and conflicts
not reintroducing traffic congestion and conflicts in the area that
the new roadway system was designed to remedy
Mr. Bernick displayed a conceptual Village Plan for Historic Kempsville.
Goals
Promote Land Uses that accomplish multiple objectives
Recommend a mix of land uses
Establish a Zoning Overlay District
Encourage future consolidation of parcels to form building blocks for
new development
Promote modifications to internal street pattern. So, as not to create
congestion on the roadways, all of the access points will be off the
main roads
Foster revitalization of adjoining commercial and residential areas
Complement road projects and development to north and northeast of
area
November 22, 2005
- 10-
C IT Y MANA G E R 'S B R IE FIN G
HISTORIC KEMPSVILLE PLAN
ITEM # 54617 (Continued)
The DRAFT Plan will be available for public review shortly after the Thanksgiving Holiday.
Plan Elements
Text Appendices
Planning Process Architectural Design Guidelines
Setting Vegetation and Street Furniture Design
Vision and Goals Guidelines
Plan specifics by quadrant Recommended City Zoning Ordinance Revisions
Issues and opportunities Photographic Design Pattern Book
Recommendations and action items Maps
References
Northeast Quadrant: Encourage redevelopment of commercial
properties with a medical office focus, Enhance fire, rescue and
emergency services accessibility. Promote Senior Housing, enhance
Historic Dairy Operations and provide Corridor for future linkage to
Town Center/Pembroke area
Southeast Quadrant: Create community focal point through Village
Square (Patriot Park) and Celebrate Sports Heritage. Encourage
mixed use redevelopment of commercial and residential proeprties
Southwest Quadrant: Adaptive re-use of Old Kempsville High School
building. Encourage mixed use redevelopment of commercial
properties and former school property. Protect Fairfield neighborhood
from cut-through traffic. Provide non-motorized water access for
recreation.
Northwest Quadrant: Protect and provide enhanced opportunities for
existing houses of Worship, Showcase and enhance historic structures.
Encourage mixed use redevelopment of commercial properties, Protect
Kempsville Heights neighborhood from cut-through traffic.
Encourage WateJ:front redevelopment.
Plan Action Items and Recommendations
Code Changes: Overlay District and Map, Mixed Economic Development Incentive Program
Use Zoning, Conditional uses appropriate for
overlay district
Sale and redevelopment of excess City Streamlined Development Review process
properties: funds to account for financing other
Public improvements in the area
Refinement of Public Investment Protection Willing Sellers property acquisition program
Strategy (PIPS)
Potential new Capital Improvement Projects Ongoing Role for Historic Kempsville Master
(CIP): Public Park Development project, Plan, Implementation Team to oversee process
Regional Storm water Management Facility
development projects, Public Parking project
November 22, 2005
- 11 -
C IT Y MANA G E R 'S B R IE FIN G
HISTORIC KEMPSVILLE PLAN
ITEM # 54617 (Continued)
Plan Schedule
December 14,2005
Planning Commission Public Hearing
December 20,2005
City Council Public Comment
January 10, 2006
City Council Adoption
Next Steps
Continue strong community input process
Support Plan Implementation using opportunities created by
transportation improvements through City initiatives and the
development review process
Continue City coordination through Historic Kempsville Plan
Implementation Team to address specific tasks (Funding strategy for
other public improvements; marketing efforts; excess City property
redevelopment)
November 22, 2005
- 12-
C IT Y MANA G E R 'S B R IE FIN G
TOWING REGULATIONS
2:45 P.M.
ITEM # 54618
Louie Ochave, Chair - Towing Advisory Board, advised the Towing Advisory Board consists of eight (8)
members:
TOWING ADVISORY BOARD
Louie Ochave
Chair
Maury Bailey
Karen Barnard
Steven Cowan
Peter Langlands
Captain Ken Lowe, Jr. - Police Department
Art Walker
Barbara Yates
Types of Tows
Persons requesting services for themselves (consensual)
Police directed tows
From an accident scene
Illegally parked vehicles on City streets or
City owned parking facilities
Parking violations from private properties (non-consensual)
The Towing Advisory Board provides City Council with input and recommendations relating to Towing
issues for non-consensual tows from private property.
The Towing Advisory Board was directed by City Council to perform three (3) tasks:
Active Monitoring of Tow issues: initiated a comment and survey
form.
Addressing concerns of towed individuals: Concerns were
addressed to Chair Louie Ochave
Rates of Tows
Ms. Ochave displayed a chart depicting increased cost of insurance and fuel.
November 22,2005
- 13-
CITY MANA GER 'S BRIEFING
TOWING REGULATIONS
ITEM # 54618 (Continued)
Increased Cost of Business
Real estate tax assessments increase 33% over past two years
Workman Compensation 2 to 3 times higher than for a gas station or
body shop *
Abandoned vehicles - 60% are not retrieved
Equipment Costs - increased 26%from 1999**
Routine maintenance i.e oil/grease, tires, batteries, brakes,
clutches/transmissions
Can be as much as $14,000 every eighteen (18) months*
*AAA of Tidewater, Virginia
**Recovery Solutions and Tow Times Trade Magazine
Towing Rate History
Year Rate Dolly Fee Storage Fee *
1993-2001 $ 60 0 $ 6.00
2001 $ 70 0 $ 12.00
2002 $ 75 0 $ 15.00
2004 $ 85 0 $ 20.00
*Storagefee imposed after the r 24 hours
Mr, Ochave displayed a chart depicting the cost comparison of neighboring locality rates, The 2004 average
cost per tow (based on actual local industry costs) is $112 per tow. Currently, the Virginia Beach towing
rates are $85 per tow.
Current Tow Rates
Light Tow (up to 10,999 GVWR) $ 85
Heavy Tow (over 11,000 GVWR) $285
Drop Fee $ 25
Storage Fee * $ 20
DMV Processing $ 50
*After thefirst 24 hours
* * After seven days
November 22, 2005
- 14-
CITY MANA GER 'S BRIEFING
TOWING REGULATIONS
ITEM # 54618 (Continued)
Recommendations
The use of volunteers:
Be proactive in addressing tow issues
Ensure that required signs are posted relating to towing
Review commentljeedback forms
Provide analytical reports
Identify potential issues and provide alternatives
Serve as point of contact for people with concerns
Encourage the tow industry to monitor its own providers and provide
a telephone number and email for people to contact with concerns
Adjust the tow ratesfrom $85 to $125 per tow (under 11,000 pounds).
Barry Shockley, Management Services, advised the following towing rates of neighboring municipalities:
Norfolk
Suffolk
Chesapeake *
$105
$ 85
$ 85 and $95
*Chesapeake defaults to the State Code,
Information shall be provided relative the average of voluntary tow charges.
Associate City Attorney Kathy D. Rountree advised relative dictating to the Towing Companies form of
payment, the City does not have authority from the State. However, the City Code specifically states no more
than $85 can be charged for a tow, If the citizen is forced to provide a tip for a towed vehicle, change was
not available, the tow operator has committed a Class I Misdemeanor, A warrant can be issued and the tow
operator arrested. This is under a one year statue of limitations, However, the citizen must go to Court and
testify.
Council Lady Wilson distributed copies of Summaries of DRAFT State Towing Legislation
November 22, 2005
- 15 -
AGE N DA REV IE W S E S S ION
3:23 P.M.
ITEM # 54619
J.3. Ordinances to AMEND City Code:
a. ~~ 7-1, 7-65, 7-66, 7-67 and 7-68 re regulation of golf
carts and utility vehicles
b, ~ 6-114 re restrictions launching, landing, parking or
stationing recreational vessels in certain areas
c Deferred Compensation Plan
(i.) AMEND ~~ 2-121, 2-122 and 1-123 re the Deferred
Compensation Plan and Board Membership
(ii) Resolution to provide a Deferred Compensation
Investment Policy
Councilman Wood referenced Item J.3.a be DEFERRED INDEFINITELY, as per request of Councilman
Reeve, The City Attorney requested all Council Members contact him relative their concerns of this Code
Amendment, as he might be able to address their concerns prior to the item being scheduled for a City
Council Session.
Council Lady McC/anan requested Item J.3,c. (i) (ii) be DEFERRED INDEFINITELY, as she wished to
discuss with City Council members the method of appointing additional members to the Deferred
Compensation Board.
ITEM # 54620
J. 6. Ordinances to A UTHORIZE temporary encroachments
into portions of City property:
a. Rouse Drive by ROUSE I, LLC to install and maintain
PVC conduit for telephone and computer lines
b. Diamond Springs Road by R. M. CLARKE, L.L. C. to
install and maintain conduit for network cables
Jim Lawson, Real Estate, advised the telephone and computer lines would be placed underground.
ITEM # 54621
BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA:
RESOLUTIONS/ORDINANCES
J.1. Resolution PROVIDING for the issuance and sale of
General Obligation Public Improvement Bonds,
heretofore authorized, in the maximum amount of
$80,000,000 for various public facilities and general
improvements.
November 22, 2005
- 16-
AGE N DA REV I E W S E S S ION
ITEM # 54621 (Continued)
J.2. Resolution to ADOPT the findings in the Formal Needs
Assessment Report and AUTHORIZE the City Manager
to issue a Request for Formal Renewal Proposal to Cox
Communications of Hampton Roads, LLC for their cable
television franchise.
J.3, Ordinances to AMEND City Code:
a. 88 7-1, 7-65, 7-66, 7-67 and 7-68 re regulation of golf
carts and utility vehicles
b, 8 6-114 re restrictions launching, landing, parking or
stationing recreational vessels in certain areas
c Deferred Compensation Plan
(i.) AMEND 882-121, 2-122 and 1-123 re the Deferred
Compensation Plan and Board Membership
(ii) Resolution to provide a Deferred Compensation
Investment Policy
J.4, Ordinance re EXCESS PROPERTY adjacent to the Fire
Training Center:
a. DECLARE City-owned land at rear of Seatack Elementary
School as excess property
b. AUTHORIZE the purchase of9,3 acres by:
(i) Exchange of a one (I) acre parcel
(ii) Purchase 8.3 acre parcel
J.5. Ordinance to AUTHORIZE the City Manager to renew
leased Spaces Nos, 1 and 2 at the Farmer's Market to FLS
Corporation, tfa The Nesting Box.
J. 6. Ordinances to A UTHORIZE temporary encroachments
into portions of City property:
a. Rouse Drive by ROUSE I, LLC to install and maintain
PVC conduitfor telephone and computer lines
b. Diamond Springs Road by R. M. CLARKE, L.L. C. to
install and maintain conduit for network cables
November 22, 2005
-17 -
AGE N DA REV IE W S E S S ION
ITEM # 54621 (Continued)
J. 7. Ordinance to ADD one full-time employee position to the
City Attorney's Office and TRANSFER $44,134 from the
Contingency Fund to the City Attorney's FY2005-06
Operating Budget.
J.8. Ordinances to ACCEPT and APPROPRIATE:
a. $2,500 from the Virginia Office of the Attorney General
TRIAD Crime Preventionfor Senior's Grant and $1,000
from the Wal-Mart Foundation to the Police Department's
FY2005-06 Operating Budget re purchase of Project
Lifesaver equipment
b, $605,866 from the Virginia Compensation Board to the
Clerk of Circuit Court's FY 2005-06 Technology Trust
Fund as reimbursement for technology expense
Council Lady McClanan shall vote a VERBAL NAY on Item J.1.
Item J.3a and 3c shall be DEFERRED INDEFINITELY, BY CONSENT
November 22, 2005
-18 -
AGE N DA REV IE W S E S S ION
ITEM # 54622
K.4. Application of BLUE HORSESHOE TATTOO ~ Ltd,
for a Conditional Use Permit re a tattoo and body
piercing establishment at 71-125 South Witchduck Road.
(DISTRICT 2 - KEMPSVILLE)
Council Members were concerned relative the location of the tattoo parlor,
The City Attorney referenced the ordinance relative location of tattoo parlors and this application does
adhere to that Ordinance. However, this is a Conditional Use Permit and is subject to City Council's
approval. This item shall be discussed during the Formal Session,
ITEM # 54623
K. 6. Application of STEVEN KREVERfor a Chanfle of Zoning
District Classification from 0-2 Office District to
Conditional B-1 Neighborhood Business District at 3712
South Plaza Trail re a delicatessen. (Deferred by City
Council on October 11,2005)
(DISTRiCT 3 - ROSE HALL)
Council Lady McClanan advised the application was DEFERRED to enable the applicant and his attorney
to submit additional proffers relative improvement to the parking lot, The proffers indicated "where
necessary" and "when necessary" painting and fixing of potholes shall be accomplished.
This item shall be discussed during Formal Session,
ITEM # 54624
K.7. AMENDMENTS to REORDAIN and REPEAL the City
Zoning Ordinance (CZO)
a. ~ 221,] re specific standards for conditional uses within
certain Air Installations Compatible Use Zones (AICUZ);
and, ADD Article 18, ~~1800 - 1807 re discretionary
development applications and sound attenuation
requirements in buildings and structures in certainAICUZ
b, Airport Noise Attenuation and Safety Ordinance
(Appendix 1) re sound attenuation requirements in certain
buildings, structures and required disclosures in
residential real estate transactions
c, Official zoning map by designation and incorporation of
the NAS Oceana - NALF Fentress Interfacility Traffic
Area
November 22,2005
- 19-
AGENDA RE VIE W SESSION
ITEM # 54624 (Continued)
d. Comprehensive Plan by the incorporation of the NAS
Oceana - NALF Fentress Interfacility Traffic Area Map
e. Comprehensive Plan, Chapters 1 (Introduction and
General Strategy), 2 (Strategic Growth), 3 (Primary
Residential Areas), 5 (Princess Anne/Transition Area) and
9 (Natural Resources and Environmental Quality Plan),
Appendix of the Policy Document and Princess Anne
Corridor Plan to incorporate provisions of AICUZ, the
Hampton Roads Joint Land Use Study andAICUZ Overlay
Ordinance
This item shall be discussed during Formal Session,
ITEM # 54625
BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA:
K1. Application of K & SONS, INC. for the Modification of
the Indian Lakes Land Use Plan to allow a gasoline
station in conjunction with a convenience store at
1196 Indian Lakes Boulevard (Deferred by City Council
on October 11 and November 8,2005).
(DISTRICT 2 - KEMPSVILLE)
K2. Application of DONALD G. PRATTfor a Modification of
Proffers from the Conditional Change of Zoning granted
by the City Council on April 11, 2000, re an additional
office building at 2244 General Booth.
(DISTRICT 7 - PRINCESS ANNE)
K3. Petition for a Variance to S 4.4(b) of the Subdivision
Ordinance that requires all newly created lots meet all the
requirements of the City Zoning Ordinance (CZO),
Subdivision for WILLIAM L. PAGE, to vacate an existing
property line of two adjacent properties, remove an
existing single family home and resubdivide creating two
new lots of equal size at 1544 West Little Neck Road.
(DISTRICT 5 - LYNNHA VEN)
K 5. Application of SPRINT COM, INC. for a Conditional Use
Permit re development of a communication tower and
maintenance cabinets at 1000 North Great Neck Road.
(DISTRICT 5 - LYNNHA VEN)
Vice Mayor Louis R. Jones ABSTAINED re William Page's requestfor a Subdivision Variance (Item K3.).
Council Lady McClanan shall vote a VERBAL NAY on Items K1 and K5.
November 22, 2005
- 20-
ITEM # 54626
Mayor Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant
to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion, consideration or interviews of prospective
candidates for employment, assignment, appointment, promotion, performance,
demotion, salaries, disciplining or resignation of specific public officers, appointees
or employees pursuant to Section 2.2-3711 (A) (1).
To Wit: Appointments: Boards and Commissions:
Beaches and Waterways Commission
Board of Zoning Appeals
Chesapeake Bay Preservation Area Board
Community Services Board
Governance Committee for Historic Sites
Hampton Roads Economic Development Alliance
Historical Review Board
Investment Partnership Advisory Committee- PPEA
Personnel Board (Appointment of Alternates)
Planning Commission
Resort Advisory Commission (RAC)
Senior Services of Southeastern Virginia (SEVAMP)
Virginia Beach Community Development Corporation (VBCDC)
Wetlands Board (Alternates)
Evaluation of Council Appointees
PUBLIC CONTRACT: Discussion of the award of a public contract involving the
expenditure of public funds, and discussion of the terms of scope of such contract,
where discussion in an open session would adversely affect the bargaining position
or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(30)
Military Liaison
LEGAL MA TTERS: Consultation with legal counselor briefings by staff members,
consultants, or attorneys pertaining to actual or probable litigation, or other specific
legal matters requiring the provision of legal advice by counsel pursuant to Section
2,2-3711 (A)(7).
BRAC
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed
into CLOSED SESSION (3:30 P.M.).
November 22,2005
- 21 -
ITEM # 54626 (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, James 1. Wood and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Jim Reeve
[Early Flightfor Family Thanksgiving]
(Closed Session: 3:30 P.M. - 5:40 P.M.)
(Break: 3:33 P.M. - 3:45 P.M).
(Dinner: Delivered to Second Closed Session 6:37 P.M.)
November 22,2005
- 22-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
November 22, 2005
6:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, November 22,2005, at 6:00 P.M.
Council Members Present:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf,
Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Absent:
Jim Reeve
[Early Flight for Family Thanksgiving]
INVOCATION: Reverend 1. Scott Griffin
Lynnhaven Presbyterian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman
and Company and is directly and indirectly involved in many of Goodman and Company's transactions,
However, due to the size of Goodman and Company and the volume of transactions it handles in any given
year, Goodman and Company has an interest in numerous matters in which her husband is not personally
involved and of which she does not have personal knowledge. In order to ensure her compliance with both
the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to
thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters
in which she might have an actual or potential conflict. If, during her review she identifies any matters, she
will prepare 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.
November 22,2005
- 23-
Item V-E.
CERTIFICATION OF
CLOSED SESSION
ITEM# 54627
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Jim Reeve
November 22,2005
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 # 54626, page 20, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3711(A) of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
a~~.-O
Ruth Hodges mith, MMC
City Clerk
November 22, 2005
- 24-
Item V-F. 1.
MINUTES
ITEM #54628
Upon motion by Councilman Dyer, seconded by Vice Mayor Jones, City Council APPRO VED the Minutes
of the INFORMAL AND FORMAL SESSIONS of November 8, 2005.
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
November 22,2005
- 25 -
Item V-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM #54629
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
November 22, 2005
- 26-
Item V-H.].
PUBLIC HEARING
ITEM #54630
Mayor Oberndorf DECLARED A PUBLIC HEARING:
FARMER'S MARKET LEASE - FLS Corporation T/A The Nesting Box
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
November 22,2005
- 27-
Item V-H.2.
PUBLIC HEARING
ITEM #54631
Mayor Oberndorf DECLARED A PUBLIC HEARING:
EXCESS CITY PROPERTY - Fire Station near Seatack Elementary School
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING
November 22, 2005
- 28-
Item V-H.I.
PUBLIC HEARING
ITEM #54632
Mayor Oberndorf DECLARED A PUBLIC HEARING:
TAXI CAB INCREASE
The following speakers registered to speak in SUPPORT:
Don Wieland, 425 Burr Oak Court, Phone: 340-3442, represented Yellow Cab in Virginia Beach and
requested the meter drop fee be increased to $2.50
Richard L. Yount, 2407 Norfield Court, Phone: 368-0505, represented the Atlantic Coast Cab Company,
and advised the making less than minimum wage
Stan Slone, 1661 Lola Drive, referenced the following increases in Meter Drop Pees in neighboring
localities: Norfolk - $2.75, Newport News - $2.75, and Portsmouth - $2.10. Mr, Slone concurred
the meter drop fee should be increased to $2.50
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
November 22, 2005
- 29-
Item V-J.
RESOLUTIONS/ORDINANCES
ITEM # 54633
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED IN ONE
MOTION Items 1, 2, 3a (DEFERRED INDEFINITELY), 3b, 3c(i)(ii) (DEFERRED INDEFINITELY,
4,5,6,7 and 8 of the CONSENT AGENDA.
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
Council Lady McClanan voted a VERBAL NA Yon Item 1.1. (General Obligation Public Improvement Bonds)
November 22,2005
- 30-
Item V-J.l.
RESOLUTIONS/ORDINANCES
ITEM # 54634
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Resolution PROVIDING for the issuance and sale of General
Obligation Public Improvement Bonds, heretofore authorized, in the
maximum amount of $80,000,000 for various public facilities and
general improvements.
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
November 22, 2005
RESOLUTION PROVIDING FOR THE ISSUANCE AND
SALE OF GENERAL OBLIGATION PUBLIC
IMPROVEMENT BONDS, SERIES 2005, HERETOFORE
AUTHORIZED, OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, IN THE MAXIMUM AMOUNT OF $80,000,000,
AND PROVIDING FOR THE FORM, DETAILS AND
PAYMENT THEREOF
The issuance of $49,700,000 of bonds of the City of Virginia Beach, Virginia (the "City")
was authorized by an ordinance adopted by the City Council of the City of Virginia Beach,
Virginia (the "City Council") on May 9, 2000, without being submitted to the qualified voters of
the City, to finance various public improvements, including schools, roadways, coastal projects,
economic and tourism projects, building and parks and recreation projects, $38,896,170 of which
bonds have been issued and sold.
The issuance of $59,300,000 of bonds of the City was authorized by an ordinance adopted
by the City Council on May 14,2002, without being submitted to the qualified voters of the City,
to finance various public improvements, including schools, roadways, coastal projects, economic
and tourism projects, building and parks and recreation projects, $37,000,000 of which bonds have
been issued and sold.
The issuance of $61,900,000 of bonds of the City was authorized by an ordinance adopted
by the City Council on May 13, 2003, without being submitted to the qualified voters of the City,
to finance various public improvements, including schools, roadways, coastal projects, economic
and tourism projects, building and parks and recreation projects, $18,601,237 of which bonds have
been issued and sold.
The issuance of $61,000,000 of bonds of the City was authorized by an ordinance adopted
by the City Council on May 11, 2004, without being submitted to the qualified voters of the City,
to finance various public improvements, including schools, roadways, coastal projects, economic
and tourism projects, building and parks and recreation projects, none of which bonds have been
issued and sold.
The issuance of $55,200,000 of bonds of the City was authorized by an ordinance adopted
by the City Council on May 10, 2005, without being submitted to the qualified voters of the City,
to finance various public improvements, including schools, roadways, coastal projects, economic
and tourism projects, building and parks and recreation projects, none of which bonds have been
issued and sold.
It has been recommended to the City Council by representatives of Government Finance
Associates, Inc. and ARD Government Finance Group (the "Financial Advisors") that the City
issue and sell a series of general obligation public improvement bonds in the maximum principal
amount of $80,000,000. The City Council has determined it is in the City's best interest to issue
and sell $10,803,830 of the bonds authorized on May 9, 2000; $22,300,000 of the bonds
authorized on May 14, 2002; $43,298,763 of the bonds authorized on May 13, 2003; $3,597,407
of the bonds authorized on May 11, 2004; and none of the bonds authorized on May 10,2005.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. Issuance of Bonds. There shall be issued, pursuant to the Constitution and
statutes of the Commonwealth of Virginia, including the City Charter (Chapter 147 of the Acts of
the General Assembly of 1962, as amended) and the Public Finance Act of 1991 (Chapter 26, Title
15.2, Code of Virginia of 1950, as amended), general obligation public improvement bonds of the
City in the maximum principal amount of $80,000,000 (the "Bonds"). The proceeds of the Bonds
will be used to provide funds to finance, in part, the costs of various public, school, road and
highway, coastal, economic and tourism, building and parks and recreation improvements, as
more fully described in the ordinances authorizing the Bonds adopted on May 9, 2000, May 14,
2002, May 13, 2003, and May 11, 2004 (collectively, the "Project"), and the costs incurred in
connection with issuing the Bonds.
2. Bond Details. The Bonds shall be designated "General Obligation Public
Improvement Bonds, Series 2005," or such other designation as may be determined by the City
Manager, shall be in registered form, shall be dated such date as may be determined by the City
Manager, shall be in denominations of $5,000 and integral multiples thereof and shall be
numbered R-1 upward. Subject to Section 8, the issuance and sale of the Bonds are authorized on
terms as shall be satisfactory to the City Manager; provided, however, that the Bonds (a) shall
have a "true" or "Canadian" interest cost not to exceed 5.50% (taking into account any original
issue discount or premium), (b) shall be sold to the purchaser thereof at a price not less than 99.0%
of the principal amount thereof (excluding any original issue discount), (c) shall be subject to
optional redemption no later than January 15, 2016 at an optional redemption price of no more
than 102% ofthe principal amount to be redeemed plus accrued interest to the optional redemption
date, and (d) shall mature or be subject to mandatory sinking fund redemptions in annual
installments beginning no later than January 15, 2007, and ending no later than January 15, 2026.
Principal of the Bonds shall be payable annually on dates determined by the City Manager.
Each Bond shall bear interest at such rate as shall be determined at the time of sale,
calculated on the basis of a 360-day year of twelve 30-day months, and payable semiannually on
dates determined by the City Manager. Principal shall be payable to the registered owners upon
surrender of Bonds as they become due at the office of the Registrar (as hereinafter defined).
Interest shall be payable by check or draft mailed to the registered owners at their addresses as
they appear on the registration books kept by the Registrar on a date prior to each interest payment
date that shall be determined by the City Manager (the "Record Date"). Principal, premium, if
any, and interest shall be payable in lawful money of the United States of America.
Initially, one Bond certificate for each maturity of the Bonds shall be issued to and
registered in the name of The Depository Trust Company, New York, New York ("DTC"), or its
nominee. The City has heretofore entered into a Blanket Issuer Letter of Representations relating
to a book-entry system to be maintained by DTC with respect to the Bonds. "Securities
Depository" shall mean DTC or any other securities depository for the Bonds appointed pursuant
to this Section 2.
-2-
,---
In the event that (a) the Securities Depository determines not to continue to act as the
securities depository for the Bonds by giving notice to the Registrar, and the City discharges its
responsibilities hereunder, or (b) the City, in its sole discretion, determines (i) that beneficial
owners of Bonds shall be able to obtain certificated Bonds or (ii) to select a new Securities
Depository, then the City's Director of Finance shall, at the direction of the City, attempt to locate
another qualified securities depository to serve as Securities Depository and authenticate and
deliver certificated Bonds to the new Securities Depository or its nominee, or authenticate and
deliver certificated Bonds to the beneficial owners or to the Securities Depository participants on
behalf of beneficial owners substantially in the form provided for in Section 5; provided, that such
form shall provide for interest on the Bonds to be payable (A) from the date of the Bonds if they
are authenticated prior to the first interest payment date, or (B) from the interest payment date that
is or immediately precedes the date on which the Bonds are authenticated (unless payment of
interest thereon is in default, in which case interest on such Bonds shall be payable from the date
to which interest has been paid). In delivering certificated Bonds, the City's Director of Finance
shall be entitled to rely on the records of the Securities Depository as to the beneficial owners or
the records of the Securities Depository participants acting on behalf of beneficial owners. Such
certificated Bonds will then be registrable, transferable and exchangeable as set forth in Section 7.
So long as there is a Securities Depository for the Bonds, (1) it or its nominee shall be the
registered owner of the Bonds, (2) notwithstanding anything to the contrary in this Resolution,
determinations of persons entitled to payment of principal, premium, if any, and interest, transfers
of ownership and exchanges, and receipt of notices shall be the responsibility of the Securities
Depository and shall be effected pursuant to rules and procedures established by such Securities
Depository, (3) the Registrar and the City shall not be responsible or liable for maintaining,
supervising or reviewing the records maintained by the Securities Depository, its participants or
persons acting through such participants, (4) references in this Resolution to registered owners of
the Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial
owners of the Bonds, and (5) in the event of any inconsistency between the provisions of this
Resolution and the provisions of the above-referenced Blanket Issuer Letter of Representations,
such provisions of the Blanket Issuer Letter of Representations, except to the extent set forth in
this paragraph and the next preceding paragraph, shall control.
3. Redemption Provisions.
(a) Optional Redemption. The Bonds may be subject to redemption prior to maturity
at the option of the City, in whole or in part, at any time on or after dates, if any, determined by
the City Manager, but no later than January 15, 2016, at a redemption price equal to the principal
amount of the Bonds to be redeemed, together with any interest accrued to the date fixed for
redemption, plus a redemption premium not to exceed 2% of the principal amount of the Bonds to
be redeemed, such redemption premium to be determined by the City Manager.
(b) Mandatory Sinking Fund Redemption. Any term bonds may be subject to
mandatory sinking fund redemption upon terms determined by the City Manager.
If so determined by the City Manager, the Bonds may provide that the City may take a
credit against the mandatory sinking fund redemption obligation of any maturity of term Bonds in
-3-
the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for
cancellation and have not been applied previously as such a credit. If the City wishes to take such
a credit, on or before the 70th day next preceding any such mandatory sinking fund redemption
date, the City's Director of Finance may instruct the Registrar to apply a credit against the City's
mandatory sinking fund redemption obligation for any Bonds of the applicable maturity that have
been optionally redeemed or surrendered for cancellation by the City and have not been previously
applied as a credit against any mandatory sinking fund redemption obligation for that maturity of
the Bonds. Each Bond so previously optionally redeemed or surrendered shall be credited at
100% of the principal amount thereof against the principal amount of such maturity of the Bonds
required to be redeemed on such mandatory sinking fund redemption date or dates for such
maturity as may be selected by the Director of Finance.
(c) Selection of Bonds for Redemption. If less than all of the Bonds are called for
optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's
Director of Finance in such manner as may be determined to be in the best interest of the City. If
less than all of a particular maturity of the Bonds are called for redemption, the Bonds within such
maturity to be redeemed shall be selected by the Securities Depository pursuant to its rules and
procedures or, if the book-entry system is discontinued, shall be selected by the Registrar by lot in
such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any
Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof
and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that
number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000.
(d) Redemption Notices. The City shall cause notice of the call for redemption
identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission,
registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days
prior to the redemption date, to the registered owner of the Bonds. The City shall not be
responsible for mailing notice of redemption to anyone other than DTC or another qualified
Securities Depository or its nominee unless no qualified Securities Depository is the registered
owner of the Bonds. If no qualified Securities Depository is the registered owner of the Bonds,
notice of redemption shall be mailed to the registered owners of the Bonds. If a portion of a Bond
is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof
will be issued to the registered owner upon the surrender thereof.
4. Execution and Authentication. The Bonds shall be signed by the manual or
facsimile signature of the Mayor or Vice-Mayor, shall be countersigned by the manual or
facsimile signature of the City Clerk or Deputy Clerk, and the City's seal shall be affixed thereto
or a facsimile thereof printed thereon; provided, that if both of such signatures are facsimiles, no
Bond shall be valid until it has been authenticated by the manual signature ofthe City Treasurer as
Registrar or an authorized officer or employee of any bank or trust company serving as successor
Registrar and the date of authentication noted thereon.
5. Bond Form. The Bonds shall be in substantially the form attached to this
Resolution as Exhibit A, with such completions, omissions, insertions and changes not
inconsistent with this Resolution as may be approved by the officers signing the Bonds, whose
approval shall be evidenced conclusively by the execution and delivery ofthe Bonds.
-4-
6. Pled2e of Full Faith and Credit. The full faith and credit of the City are
irrevocably pledged for the payment of the principal of, premium, if any, and interest on the
Bonds. Unless other funds are lawfully available and appropriated for timely payment of the
Bonds, the City Council shall levy and collect an annual ad valorem tax, over and above all other
taxes authorized or limited by law and without limitation as to rate or amount, on all locally
taxable property in the City sufficient to pay when due the principal of, premium, if any, and
interest on the Bonds.
7. Re2istration. Transfer and Owners of Bonds. The City Treasurer is
appointed paying agent and registrar for the Bonds (the "Registrar"). The City may appoint a
qualified bank or trust company as successor paying agent and registrar of the Bonds. The
Registrar shall maintain registration books for the registration and registration of transfers of the
Bonds. Upon presentation and surrender of any Bonds at the office of the Registrar, or at its
designated corporate trust office if the Registrar is a bank or trust company, together with an
assignment duly executed by the registered owner or his duly authorized attorney or legal
representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the
Registrar shall authenticate, if required by Section 4, and shall deliver in exchange, a new Bond or
Bonds having an equal aggregate principal amount, in authorized denominations, of the same form
and maturity, bearing interest at the same rate and registered in the name as requested by the then
registered owner thereof or its duly authorized attorney or legal representative. Any such transfer
or exchange shall be at the expense of the City, except that the Registrar may charge the person
requesting such transfer or exchange the amount of any tax or other governmental charge required
to be paid with respect thereto.
The Registrar shall treat the registered owner as the person or entity exclusively entitled to
payment of principal, premium, if any, and interest and the exercise of all other rights and powers
of the owner, except that interest payments shall be made to the person or entity shown as owner
on the registration books as of the Record Date.
8. Sale of Bonds. The City Council approves the following terms of the sale of the
Bonds. The Bonds shall be sold by competitive bid in a principal amount to be determined by the
City Manager, in collaboration with the Financial Advisors, and subject to the limitations set forth
in Section 1, and the City Manager shall receive bids for the Bonds and award the Bonds to the
bidder providing the lowest "true" or "Canadian" interest cost, subject to the limitations set forth
in Section 2. Following the sale of the Bonds, the City Manager shall file a certificate with the
City Clerk setting forth the final terms of the Bonds. The actions of the City Manager in selling the
Bonds shall be conclusive, and no further action with respect to the sale and issuance of the Bonds
shall be necessary on the part of the City Council.
9. Notice of Sale: Bid Form. The City Manager, in collaboration with the Financial
Advisors, is authorized and directed to take all proper steps to advertise the Bonds for sale
substantially in accordance with the forms of the Official Notice of Sale and the Official Bid
Form, which forms are attached as an Appendix to the draft of the Preliminary Official Statement
described in Section 10 below, and which forms are approved; provided, that the City Manager, in
collaboration with the Financial Advisors, may make such changes in the Official Notice of Sale
-5-
and the Official Bid Form not inconsistent with this Resolution as he may consider to be in the
best interest of the City.
10. Official Statement. A draft of a Preliminary Official Statement describing the
Bonds, a copy of which has been provided or made available to each member of the City Council,
is approved as the form of the Preliminary Official Statement by which the Bonds will be offered
for sale, with such completions, omissions, insertions and changes not inconsistent with this
Resolution as the City Manager, in collaboration with the Financial Advisors, may consider
appropriate. After the Bonds have been sold, the City Manager, in collaboration with the
Financial Advisors, shall make such completions, omissions, insertions and changes in the
Preliminary Official Statement not inconsistent with this Resolution as are necessary or desirable
to complete it as a final Official Statement, execution thereof by the City Manager to constitute
conclusive evidence of his approval of any such completions, omissions, insertions and changes.
The City shall arrange for the delivery to the purchaser of the Bonds of a reasonable number of
copies of the final Official Statement by the earlier of seven business days after the Bonds have
been sold or the date of issuance of the Bonds, for delivery to each potential investor requesting a
copy of the Official Statement and for delivery to each person to whom such purchaser initially
sells Bonds.
11. Official Statement Deemed Final. The City Manager is authorized, on behalf of
the City, to deem the Preliminary Official Statement and the Official Statement in final form, each
to be final as of its date within the meaning of Rule 15c2-12 ("Rule 15c2-12") of the Securities
and Exchange Commission (the "SEC"), except for the omission in the Preliminary Official
Statement of certain pricing and other information permitted to be omitted pursuant to Rule 15c2-
12. The distribution of the Preliminary Official Statement and the Official Statement in final form
shall be conclusive evidence that each has been deemed final as of its date by the City, except for
the omission in the Preliminary Official Statement of such pricing and other information permitted
to be omitted pursuant to Rule 15c2-12.
12. Preparation and Delivery of Bonds. After bids have been received and the Bonds
have been awarded to the winning bidder, the officers of the City are authorized and directed to
take all proper steps to have the Bonds prepared and executed in accordance with their terms and
to deliver the Bonds to the purchaser thereof upon payment therefor.
13. Arbitra2e Covenants. The City covenants that it shall not take or omit to take any
action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the
meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations issued
pursuant thereto (the "Code"), or otherwise cause interest on the Bonds to be includable in the
gross income of the registered owners thereof under existing laws. Without limiting the generality
of the foregoing, the City shall comply with any provision of law that may require the City at any
time to rebate to the United States any part of the earnings derived from the investment of the
gross proceeds of the Bonds, unless the City receives an opinion of nationally recognized bond
counsel that such compliance is not required to prevent interest on the Bonds from being
includable in the gross income of the registered owners thereof under existing law. The City shall
pay any such required rebate from its legally available funds.
-6-
14. Non-Arbitrae:e Certificate and Elections. Such officers of the City as may be
requested are authorized and directed to execute an appropriate certificate setting forth the
reasonably expected use and investment of the proceeds of the Bonds in order to show that such
reasonably expected use and investment will not violate the provisions of Section 148 of the Code,
and any elections such officers deem desirable regarding rebate of earnings to the United States,
for purposes of complying with Section 148 of the Code. Such certificate and elections shall be in
such form as may be requested by bond counsel for the City.
15. Limitation on Private Use. The City covenants that it shall not permit the
proceeds of the Bonds or the facilities financed with the proceeds of the Bonds to be used in any
manner that would result in (a) 5% or more of such proceeds or ofthe facilities financed with such
proceeds being used in a trade or business carried on by any person other than a governmental
unit, as provided in Section 141 (b) of the Code, (b) 5% or more of such proceeds or the facilities
being financed with such proceeds being used with respect to any output facility (other than a
facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c)
5% or more of such proceeds being used directly or indirectly to make or finance loans to any
person other than a governmental unit, as provided in Section 141 (c) of the Code; provided, that if
the City receives an opinion of nationally recognized bond counsel that any such covenants need
not be complied with to prevent the interest on the Bonds from being includable in the gross
income for federal income tax purposes of the registered owners thereof under existing law, the
City need not comply with such covenants.
16. Investment Authorization. The City Council hereby authorizes the Director of
Finance to direct the City Treasurer to utilize either or both ofthe State Non-Arbitrage Program of
the Commonwealth of Virginia ("SNAP") and the Virginia Arbitrage & Investment Management
Program ("AIM") in connection with the investment of the proceeds of the Bonds, if the City
Manager and the Director of Finance determine that the utilization of either SNAP or AIM is in
the best interest of the City. The City Council acknowledges that the Treasury Board of the
Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection
with SNAP, except as otherwise provided in the SNAP Contract.
17. Continuine: Disclosure Ae:reement. The Mayor, the City Manager and such
officer or officers ofthe City as either may designate are hereby authorized and directed to execute
and deliver a continuing disclosure agreement setting forth the reports and notices to be filed by
the City and containing such covenants as may be necessary to assist the purchaser of the Bonds in
complying with the provisions of Rule 15c2-12. Such continuing disclosure agreement shall be
substantially in the form attached as an Appendix to the draft of the Preliminary Official Statement
described in Section 10 above, which form is approved with such completions, omissions,
insertions and changes that are not inconsistent with this Resolution.
18. Other Actions. All other actions of officers of the City and of the City Council in
conformity with the purposes and intent of this Resolution and in furtherance of the issuance and
sale of the Bonds are hereby ratified, approved and confirmed. The officers of the City are
authorized and directed to execute and deliver all certificates and instruments and to take all such
further action as may be considered necessary or desirable in connection with the issuance, sale
and delivery of the Bonds.
-7-
19. Repeal of Conflictim! Resolutions. All resolutions or parts of resolutions in
conflict herewith are repealed.
20. Effective Date. This Resolution shall take effect immediately.
ADOPTED: November 22, 2005
Exhibit A - Form of Bonds
-8-
Exhibit A - Form of Bonds
Unless this certificate is presented by an authorized representative of The Depository Trust
Company, a New York corporation ("DTC"), to the issuer or its agent for registration of
transfer, exchange or payment, and this certificate is registered in the name of Cede & Co.,
or in such other name as is requested by an authorized representative of DTC (and any
payment is made to Cede & Co. or to such other entity as is requested by an authorized
representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR
VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the
registered owner hereof, Cede & Co., has an interest herein.
REGISTERED
No.R-
REGISTERED
$
UNITED STATES OF AMERICA
COMMONWEAL TH OF VIRGINIA
CITY OF VIRGINIA BEACH
General Obligation Public Improvement Bond
Series 2005
INTEREST RATE
MATURITY DATE
DATED DATE
CUSIP
927734
%
January 15, 20_
December _, 2005
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
DOLLARS
The City of Virginia Beach, Virginia (the "City"), for value received, promises to pay,
upon surrender hereof to the registered owner hereof, or registered assigns or legal representative,
the Principal Amount stated above on the Maturity Date stated above, subject to prior redemption
as hereinafter provided, and promises to pay interest hereon from the Dated Date stated above on
each January 15 and July 15, beginning July 15, 2006, at the annual Interest Rate stated above,
calculated on the basis of a 360-day year of twelve 30-day months. Principal, premium, if any,
and interest are payable in lawful money of the United States of America by the City Treasurer,
who has been appointed Registrar (the "Registrar"). The City may appoint a qualified bank as
successor paying agent and registrar for the bonds.
Notwithstanding any other provision hereof, this bond is subject to a book-entry system
maintained by The Depository Trust Company ("DTC"), and the payment of principal, premium,
if any, and interest, the providing of notices and other matters shall be made as described in the
City's Blanket Issuer Letter of Representations to DTC.
This bond is one of an issue of $80,000,000 General Obligation Public Improvement
Bonds, Series 2005 (the "Bonds"), of like date and tenor, except as to number, denomination, rate
of interest, privilege of redemption and maturity, and is issued pursuant to the Constitution and
statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act
of 1991. The Bonds have been authorized by ordinances adopted by the City Council of the City
of Virginia Beach (the "City Council") on May 9, 2000, May 14, 2002, May 13, 2003, and May
11, 2004, and are being issued pursuant to a resolution adopted by the City Council on November
22, 2005 (the "Bond Resolution"), to finance various public, school, road and highway, coastal,
economic and tourism, building and parks and recreation improvements and to pay costs of
issuance of the Bonds.
The Bonds maturing on or before January 15,20_, are not subject to optional redemption
prior to maturity. The Bonds maturing on or after January 15, 20_, are subject to redemption
prior to maturity at the option of the City on or after January 15, 20_, in whole or in part at any
time (in any multiple of $5,000), upon payment of the following redemption prices (expressed as a
percentage of principal amount of the Bonds to be redeemed) plus interest accrued and unpaid to
the date fixed for redemption:
Period During Which Redeemed
(Both Dates Inclusive)
Redemption
Price
The Bonds maturing on January 15, 20_, are required to be redeemed in part before
maturity by the City on January 15 in the years and amounts set forth below, at a redemption price
equal to 100% of the principal amount of the Bonds to be redeemed, plus interest accrued and
unpaid to the date fixed for redemption:
Year
Amount
Year
Amount
The Bond Resolution provides for a credit against the mandatory sinking fund redemption of the
Bonds maturing on January 15, 20_ in the amount of Bonds of the same maturity that have been
optionally redeemed or surrendered for cancellation and have not been applied previously as such
a credit.
If less than all of the Bonds are called for optional redemption, the maturities of the Bonds
to be redeemed shall be selected by the City's Director of Finance in such manner as may be
determined to be in the best interest of the City. If less than all the Bonds of a particular maturity
are called for redemption, the Bonds within such maturity to be redeemed shall be selected by
DTC or any successor securities depository pursuant to its rules and procedures or, if the book
entry system is discontinued, shall be selected by the Registrar by lot in such manner as the
Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be
redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in
selecting Bonds for redemption, each Bond shall be considered as representing that number of
Bonds that is obtained by dividing the principal amount of such Bond by $5,000.
A-2
The City shall cause notice of the call for redemption identifying the Bonds or portions
thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or
overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to
DTC or its nominee as the registered owner hereof. If a portion of this bond is called for
redemption, a new Bond in the principal amount of the unredeemed portion hereof will be issued
to the registered owner upon surrender hereof.
The full faith and credit of the City are irrevocably pledged for the payment of principal of,
premium, if any, and interest on this bond. Unless other funds are lawfully available and
appropriated for timely payment of this bond, the City Council shall levy and collect an annual ad
valorem tax, over and above all other taxes authorized or limited by law and without limitation as
to rate or amount, on all taxable property within the City sufficient to pay when due the principal
of, premium, if any, and interest on this bond.
The Registrar shall treat the registered owner of this bond as the person or entity
exclusively entitled to payment of principal of and interest on this bond and the exercise of all
other rights and powers of the owner, except that interest payments shall be made to the person or
entity shown as the owner on the registration books on the first day of the month preceding each
interest payment date.
In the event a date for the payment of principal, redemption price, or interest on this bond
is not a business day, then payment of principal, redemption price, and interest on, this bond shall
be made on the next succeeding day which is a business day, and if made on such next succeeding
business day, no additional interest shall accrue for the period after such payment or redemption
date.
All acts, conditions and things required by the Constitution and statutes of the
Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of
this bond have happened, exist and have been performed, and the issue of Bonds of which this
bond is one, together with all other indebtedness of the City, is within every debt and other limit
prescribed by the Constitution and statutes of the Commonwealth of Virginia.
IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to
be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this
bond to be dated the Dated Date stated above.
COUNTERSIGNED:
(SEAL)
Clerk, City of Virginia Beach, Virginia
Mayor, City of Virginia Beach, Virginia
A-3
ASSIGNMENT
FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto:
(Please print or type name and address, including postal zip code, of Transferee)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF TRANSFEREE:
the within bond and all rights thereunder, hereby irrevocably constituting and appointing
, Attorney,
to transfer said bond on the books kept for the registration thereof, with full power of substitution
in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by (Signature of Registered Owner)
an Eligible Guarantor Institution such as a NOTICE: The signature above must
Commercial Bank, Trust Company, Securities correspond with the name of the registered
Broker/Dealer, Credit Union or Savings owner as it appears on the front of this bond in
Association who isa member of a medallion every particular, without alteration or
program approved by The Securities Transfer enlargement or any change whatsoever.
Association, Inc.
#1404350v4
205182.000118
A-4
Requires an affirmative vote by a majority of the members of the City Council.
Adopted by the City Council of the City of Virginia Beach, Virginia, this 22nd day of November,
2005.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~PwjU M~
mance Department
,-ltJl.m.f !J!7f-!h.
City Attorney's Office
CERTIFICATE
The undersigned Clerk of the City Council of the City of Virginia Beach, Virginia (the
"City Council"), certifies that:
1. A meeting of the City Council was held on November 22, 2005, at the time and
place established and noticed by the City Council, at which the members of the City Council were
present or absent as noted below. The foregoing Resolution was adopted by a majority of the
members of the City Council, by a roll call vote, the ayes and nays being recorded in the minutes
of the meeting as shown below:
PRESENT/ABSENT:
VOTE:
Meyera E. Oberndorf, Mayor
Louis R. Jones, Vice Mayor
Harry E. Diezel
Robert M. Dyer
Richard Maddox
Reba S. McClanan
J. M. Reeve
Peter W. Schmidt
Ronald John A. Villanueva
Rosemary Wilson
James L. Wood
/
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/
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/
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/
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/
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/
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/
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/
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/
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/
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/
2. The foregoing Resolution is a true and correct copy of such Resolution as adopted
on November 22, 2005. The foregoing Resolution has not been repealed, revoked, rescinded or
amended and is in full force and effect on the date hereof.
WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this
_ day of November, 2005.
Clerk, City Council of the City of Virginia
Beach, Virginia
(SEAL)
l404350v4
205182.000118
- 31 -
Item V-J.2.
RESOLUTIONS/ORDINANCES
ITEM # 54635
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Resolution to ADOPT the findings in the Formal Needs Assessment
Report and A UTHORIZE the City Manager to issue a Request for
Formal Renewal Proposal to Cox Communications of Hampton
Roads, LLC for their cable television franchise.
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. OberndorJ, Peter W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Jim Reeve
November 22, 2005
1
2
3
4
5
6
7
A RESOLUTION ADOPTING THE FINDINGS
SET FORTH IN THE FORMAL NEEDS
ASSESSMENT REPORT AND AUTHORIZING
THE CITY MANAGER TO ISSUE A
REQUEST FOR FORMAL RENEWAL
PROPOSAL TO COX COMMUNICATIONS OF
HAMPTON ROADS, LLC
8
WHEREAS, cable television service is provided to residents
9 of the City of Virginia Beach ("City") pursuant to a franchise
10 agreement between the City and Cox Communications Hampton Roads,
11 LLC ("Cox");
12
WHEREAS, the City's cable television franchise agreement
13 with Cox expires in May 2006;
14
WHEREAS, in preparation for renewal negotiations, the City
15 prepared a Formal Needs Assessment Report ("Report");
16
WHEREAS, the Report includes several studies identifying
17 the cable-related needs and interests of the City's cable
18 subscribers and evaluating the cable system operated by Cox;
19
WHEREAS, the Report was used by staff as the basis for
20 identifying the City's cable needs;
21
WHEREAS,
in an effort to obtain a favorable renewal
22 franchise agreement, staff recommends that the City proceed in
23 its negotiations with Cox according to the formal renewal
24 process set forth in 47 U.S.C. ~546 (a-g);
25
WHEREAS, under the formal renewal process, the City will
26 issue a Request for Formal Renewal Proposal ("Request") inviting
27 Cox to submit to the City a cable franchise formal renewal
28 proposal describing the cable-related facilities, equipment, and
29 services it proposes to provide in the City during the franchise
30 renewal term; and
31
WHEREAS, as part of the Request, the City will provide a
32 proposed Model Franchise that includes the City's cable needs
33 and interests, as identified in the Report, and is intended to
34 serve as a model for the final franchise agreement that will be
35 entered into by the City.
36
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
37 OF VIRGINIA BEACH, VIRGINIA:
38 That City Council hereby:
39
1.
Adopts the findings set forth in the Formal Needs
40 Assessment Report and confirms that the cable needs and
41 interests identified in the Report are representative of the
42 City's cable needs and interests; and
43
2 .
Authorizes the City Manager to issue a Request for
44 Formal Renewal Proposal to Cox.
45 Adopted by the City Council of Virginia Beach, Virginia on
46 this 22nd day of November , 2005.
APPROVED AS TO CONTENTS:
APPROVED AS TO LEGAL
SUFFICIENCY:
<J~~e.A-
Co T
A~ L. /1."
City AttorneY'S~iCe
CA9801
H:\PA\GG\OrdRes\Cox res
R-2
November 15, 2005
- 32-
Item V-J.3a.c.(i)(ii)
RESOLUTIONS/ORDINANCES
ITEM # 54636
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council DEFERRED
INDEFINITELY:
Ordinances to AMEND City Code:
a. 997-1, 7-65, 7-66, 7-67 and 7-68 re regulation of golf carts and
utility vehicles
c Deferred Compensation Plan
(i.) AMEND ~J 2-121,2-122 and 1-123 re the Deferred
Compensation Plan and Board Membership
(ii) Resolution to provide a Deferred Compensation
Investment Policy
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
November 22,2005
- 33-
Item V-J.3b.
RESOLUTIONS/ORDINANCES
ITEM # 54637
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Ordinance to AMEND City Code:
b. 9 6-114 re restrictions launching, landing, parking or
stationing recreational vessels in certain areas
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 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Jim Reeve
November 22,2005
1
2
3
4
5
6
7
8
9
10
11
AN ORDINANCE TO AMEND SECTION 6-114 OF THE
CITY CODE, PERTAINING TO THE RESTRICTIONS ON
LAUNCHING, LANDING, PARKING OR STATIONING
RECREATIONAL VESSELS IN CERTAIN AREAS
Section Amended: City Code Section 6-114
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 6-114 of the City Code is hereby amended and
12
reordained, to read as follows:
Sec. 6-114. Restrictions on launching, landing, parking or
stationing recreational vessels in certain areas.
13
14
15
16
(a) It shall be unlawful for any person to launch or land a
17
sailboat, motorboat, motorized personal watercraft, canoe, rowboat,
18 flatboat, kayak, umiak, scull or any other similar recreational
19 vessel on the beach area north of Rudee Inlet to the center line of
20 42nd Street prolongated eastward, during the resort season between
21 the hours of 10:00 a.m. and 4:00 p.m. weekdays and 10:00 a.m. and
22 6:00 p.m. weekends and holidays. The provisions of this subsection
23 shall not be applicable to any person who is awarded a contract,
24 based upon competitive procurement principles, to conduct an
25 operation for the rental of designated recreational vessel(s) or to
26 any person who rents a vessel from an authorized rental operator
27 provided the vessel(s) so rented is launched or landed within the
28 area designated in such contract.
29
(b)
It shall be unlawful for any person to park or station a
30 sailboat, motorboat, motorized personal watercraft, canoe, rowboat,
31 flatboat, kayak, umiak, scull or other similar recreational vessel
32 on the beach area north of Rudee Inlet to the center line of 42nd
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Street prolongated eastward, with the following exceptions:
(1) In an emergency;
(2) With an approved race or regatta permit;
(3) In the process of launching or landing a vessel
specified above in the areas and during the time periods
permitted in subsection (a) of this section; or
(4) Pursuant to a contract in accordance with the
provisions of subsection (a) of this section.
(c) It shall be unlawful for any person to launch, land, park
or station a motorboat or motorized personal watercraft on the
beach between the area north of the center line of 42nd Street
prolongated eastward and the southern boundary line of Fort Story,
except in an emergency or with an approved race or regatta permit.
(d) It oh~ll be unl~',:ful for ~ny peroon to l~unch, l~nd, p~rk
or ot~tion ~ o~ilbo~t on the be~ch bet~een the ~re~ north of the
center line of 42nd Street prolong~ted e~otw~rd ~nd the oouthern
bound~ry line of Fort Story ~ithout ~ permit from the city m~n~gcr,
',:i th the follo',:ing exceptiono:
(1) In ~n emergency; or
(2) With ~n ~pproved r~ce or reg~tt~ permit.
(e) Permito will be iooued by the city m~n~ger for o~ilbo~to
to be l~unched, l~nded, p~rked or ot~tioned on the be~ch bet'.:een
the ~re~ north of the center line of 42nd Street prolong~ted
e~ot'.:~rd ~nd the oouthern bound~ry line of Fort Story under the
follo~ing conditiono:
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(1) The permit to be i88ued on ~ firot eome fir8t 8er~e
b~oi8 8ubjeet to 8uboeetion8 (i) ~nd (j) of thio oection.
(2) The city m~n~ger oh~ll limit the number of permit8
to four (1) 8~ilbo~to per block bet'"een the ~re~ north of
the center line of 42nd Street prolong~ted e~8t\J~rd ~nd
the center line of 57th Street prolong~ted e~8t',J~rd;
8e~en (7) o~ilbo~to per block bet,Jeen the ~re~ north of
the center line of 57th Street prolong~ted e~8tw~rd ~nd
the center line of 77th Street prolong~ted e~8t\J~rd; ~nd
t'"Tel~e (12) 8~ilbo~to per block bebJeen the ~re~ north of
the center line of 77th Street prolong~ted e~otw~rd to
the 80uthern bound~ry line of Fort Story.
(3) ^ o~ilbo~t h~ving ~ ~~lid permit under thi8
oub8ection m~y be l~unched, l~nded, p~rked or 8t~tioned
on the be~ch ~re~ in front of ~ny block bet,Jeen 12nd
Street ~nd Fort Story ~8 long ~8 the rn~ximum number, ~8
oet forth in (2) ~bo~e i8 not exceeded. If the m~2dmum
number ~o oet forth in (2) ~bove io e2cceeded, then the
8~ilbo~t th~t doe8 not h~ve ~ permit for th~t p~rticul~r
block 8h~11 be in ~iol~tion of thio 8ection.
( 4) Permi t8 ~re TvT~lid only for the month of H~rch
through the month of October for the ye~r in ,Jhich the
permit ~~8 i08ued.
(5) Permit8 muot be rene~ed ~nnu~lly.
(6) The ~nnu~l permit fee oh~ll be
thirty doll~r8
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and holidays, except as hereafter provided:
(1) Watercraft may be launched or landed in an emergency
or for law enforcement purposes.
(2) Commercial fishing boats operating from the beaches
by permission of the Virginia Division of Parks and
Recreation shall be exempt from the restrictions of this
article.
M +ff-
It shall be unlawful for any person to launch, land,
park or station a sailboat, motorboat, motorized personal
watercraft, canoe, rowboat, flatboat, kayak, umiak, scull or any
other similar recreational vessel on the beach area between the
western end of the Lesner Bridge continuing southwest along the
shoreline of the Lynnhaven Turning Basin and then west to the
Lynnhaven Boat Ramp at Crab Creek with the following exceptions:
(1) In an emergency; or
(2) With an approved race or regatta permit.
(f) In addition to the other provisions of this section,
sailboats parked on the beach shall be subject to the following
restrictions:
(1) It shall be unlawful to park or station a sailboat
on any sand dune or in front of any access point or
street end.
(2) It shall be unlawful to drive any type of anchor
into the beach to secure a sailboat, unless approved by
the Director of the Department of Public Works as to
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type, size and location.
(3) It shall be unlawful to secure a sailboat to
fixtures or structures on the beach.
lsl+fl+ Any police officer of the City of Virginia Beach is
hereby authorized to remove and impound or have removed and
impounded any vessel which appears to be in violation of this
section or which is lost, stolen, abandoned or unclaimed. In
addition to the fine imposed for a violation of this section, such
vessel shall be removed and impounded at the owner's expense until
lawfully claimed or disposed of.
ill-H+
Any person who shall violate any of the provisions
of this section shall be guilty of a Class 4 misdemeanor.
(j) If ~ny peroon holding ~ permit under thio oection h~o
three (3) or more convictions, or findings of not innocent in the
c~se of ~ jU'v'enile, of 'v'iol~ting thio oection or oection 6 115
Hi thin the permit period, the ci ty m~n~ger oh~ll revoke th~t
peroon's permit. Th~t peroon oh~ll not be eligible for ~nother
permit for the o~me permit period.
(k) l\.ny person ',:ho h~s six (6) or more convictions, or
findings of not innocent in the c~se of ~ juvenile, of viol~ting
thio oection or oection 6 115 ~ithin ~ny t~o ye~r period sh~ll not
be iooued ~ permit by the city m~n~ger under this section for the
next two (2) ye~ro.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 22nd day of November, 2005.
- 34-
Item V-J.4.a.b.
RESOLUTIONS/ORDINANCES
ITEM # 54638
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Ordinance re EXCESS PROPERTY adjacent to the Fire Training
Center:
a, DECLARE City-owned land at rear of Seatack Elementary
School as excess property
b. AUTHORIZE the purchase of9,3 acres by:
(i) Exchange of a one (1) acre parcel
(ii) Purchase 8.3 acre parcel
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. Oberndorf, Peter
W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Jim Reeve
November 22,2005
1 ORDINANCE NO.
2
3
4 AN ORDINANCE (1) DECLARING AS EXCESS
5 CERTAIN CITY-OWNED PROPERTY
6 LOCATED AT THE REAR OF SEATACK
7 ELEMENTARY SCHOOL AND (2)
8 AUTHORIZING THE PURCHASE OF 9.3
9 ACRES BY (A) EXCHANGE OF A ONE ACRE
10 PARCEL AND (B) PURCHASE OF THE
11 REMAINING 8.3 ACRES OF PROPERTY
12 ADJACENT TO THE FIRE TRAINING
13 CENTER
14
15 WHEREAS, the City of Virginia Beach (the "City") is the owner ofa parcel ofreal property
16 containing approximately 59.4::1: acres, which property is identified and depicted in blue on the
17 attached Exhibit A and includes the site of Seatack Elementary School (the "School Property");
18 WHEREAS, the City is also the owner of a parcel of real property containing approximately
19 74 acres, which property is identified and depicted in blue on the attached Exhibit A and includes the
20 site ofthe City's Fire Training Center;
21 WHEREAS, OB Land, LLC, a Virginia limited liability company ("OB Land"), operating as
2 2 Ocean Breeze Fun Park, is the owner of a parcel of real property which abuts the School Property
23 and is identified and depicted in green on the attached Exhibit A;
24 WHEREAS, OB Land's improvements encroach on to approximately one acre ofthe School
25 Property (the "Excess Property") as shown in red on the attached Exhibit A;
26 WHEREAS, OB Land has requested that the City of Virginia Beach declare as excess and
27 convey to OB Land the Excess Property;
28 WHEREAS, Edward S. Garcia, Jr., Trustee of the Fame Liquidation Land Trust (1990)
29 ("Fame") is the owner of a certain parcel of real property containing approximately 9.3 ::I: acres (the
30 "Fame Property"), which property is also identified and depicted in green on the attached Exhibit A
31 and abuts the City's Fire Training Center;
32 WHEREAS, the City has identified the Fame Property as a suitable and appropriate site for
33 the expansion of the Fire Training Center and for the location of a FEMA storage facility;
34 WHEREAS, the City of Virginia Beach, OB Land and Fame have agreed to the terms of
35 a proposed exchange of the Excess Property for the Fame Property pursuant to an Exchange
36 Agreement, a summary of which is attached hereto as Exhibit B (the "Exchange Agreement");
37 WHEREAS, the Exchange Agreement includes the payment by the City to the owner of
38 the Fame Property of$106,585 (the "Equalization Payment") which is the difference in assessed
39 values between the Excess Property and the Fame Property; and
40 WHEREAS, sufficient funding exists in CIP 3-368 Various Site Acquisitions to pay the
41 Equalization Payment.
42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF
43 THE CITY OF VIRGINIA BEACH, VIRGINIA:
44
45 DECLARATION OF EXCESS PROPERTY
46
47
1.
That the approximately I-acre of real property owned by the City of Virginia
48 Beach identified and depicted in red on the attached Exhibit A (the "Excess Property") is hereby
49 declared to be in excess of the needs of the City.
50
2.
That the City Council hereby authorizes the transfer ofthe Excess Property to
51 OB Land, LLC to be incorporated into Ocean Breeze Fun Park.
52 ACCEPTANCE OF FAME PROPERTY
53 AND PAYMENT OF EQUALIZATION PAYMENT
54
2
55
3.
That the City Council hereby authorizes the acceptance from Edward S.
56 Garcia, Jr., Trustee ofthe Fame Liquidation Land Trust (1990) of approximately 9.3 acres identified
57 and depicted in green on the attached Exhibit A (the "Fame Property") in exchange for the Excess
58 Property.
59
4.
That the City Council further authorizes payment from CIP 3-368 Various Site
60 Acquisitions of the amount of $106,585 (the "Equalization Payment") to the owner of Fame
61 Property, representing the difference in assessed values between the Excess Property and the Fame
62 Property.
63 EXCHANGE AGREEMENT
64
5.
The City Council hereby approves the terms of the property exchange
65 described herein and authorizes the City Manager to execute a Property Exchange Agreement, a
66 summary of which is attached hereto as Exhibit B.
67
6.
That the City Manager or his designee is further authorized to execute all other
68 documents that may be necessary or appropriate in connection with the property exchange described
69 herein, including, without limitation, a deed of conveyance for the Excess Property and the
70 acceptance of the deed for the Fame Property, so long as such documents are customary in real
71 estate exchange transactions and are acceptable to the City Manager and the City Attorney.
72 This Ordinance shall be effective from the date of its adoption.
73
Adopted by the Council ofthe City of Virginia Beach, Virginia, on the 22nd day
74 of November
,2005.
THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF
ALL COUNCIL MEMBERS ELECTED TO COUNCIL.
3
CA9520
R-6
F:\Data\ATY\OID\REAL ESTATE\Excess\Seatack-Fire Training CA9520\ord v6,doc
October 26, 2005
Approved as to Content: Approved as to Legal Sufficiency
~, c.~
lic Works
!JJa4j J~
City Atto
4
~Hr13'T A
Legend
_ Garcia Property
D City Property
_ Parcel Exchange
DISCLAIMER:
The data is provided "os i." and the City of Vwglnia BelIch expreaaIy dlaclalm. a
UCC, and othBfWlse, ex_. or implied including paIticuIar ~ and fu
disclaim. responsibility for all incidental, conaequantlal or apecial dlllll8glll aria
connection With the UI8 or perform"""" of the data. The .- acknowtedgea th
warranty and wolv.. all warranliea __ or implied and _eo any
damagas incldantal, conaaquantlal or .peciel, arialng out of or in comadlon
performance of the data.
Exhibit B
SUMMARY OF TERMS
EXCHANGE OF EXCESS CITY PROPERTY LOCATED AT THE REAR OF
SEATACK ELEMENTARY SCHOOL
CITY OBLIGA nONS:
· City conveys approximately 1.07:.1: acres ("Excess Property") located at
rear of Seatack Elementary School to OB Land, Inc. for incorporation into
Ocean Breeze Fun Park
· City accepts conveyance from Edward S. Garcia, Jr., Trustee Fame
Liquidation Land Trust (1990) ("Fame") of 9.3:.1: acres located adjacent to
City's Fire Training Center ("Fame Property")
· City pays $106,585 equalization payment (representing tax assessment
differential between Excess Property and Fame Property) to Fame
FAME/OB LAND OBLIGATIONS:
· Fame conveys Fame Property to City of Virginia Beach and accepts
$106,585 equalization payment
· OB Land, LLC accepts Excess Property and incorporates Excess Property
into Ocean Breeze Fun Park by resubdividing and eliminating all interior
lot lines.
· OB Land, LLC to relocate 6 foot fence encroaching into City's 50'
drainage easement on Seatack Elementary School Property
- 35 -
Item V-J. 5.
RESOLUTIONS/ORDINANCES
ITEM # 54639
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Ordinance to A UTHORIZE the City Manager to renew leased Spaces
Nos, 1 and 2 at the Farmer's Market to FLS Corporation, tfa The
Nesting Box
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
November 22,2005
I
1
2
3
4
5
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO LEASE SPACE AT THE
VIRGINIA BEACH FARMERS MARKET
WHEREAS, the City of Virginia Beach has leased spaces at
6 the Farmers Market since its inception;
7 WHEREAS, FLS Corporation, t/a Nesting Box wishes to lease a
8 space at the Farmers Market; and
9 WHEREAS, a public hearing concerning the proposed lease has
10 been advertised and conducted.
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
12 OF VIRGINIA BEACH, VIRGINIA:
13 That the City Manager or his designee is hereby authorized
14 on behalf of the City of Virginia Beach to enter into a lease
15 agreement from December 1, 2005 through November 30, 2008 with
16 FLS Corporation, t/a Nesting Box for Spaces #1 and #2 at the
17 Farmers Market. A summary of the material terms of such lease
18 is hereby attached.
19 Adopted by the City Council of Virginia Beach, Virginia on
20 this 22nd day of November , 2005.
APPROVED AS TO CONTENTS:
APPROVED AS TO LEGAL
SUFFICIENCY:
-A~~ 'l. (L.?'!t
City Attorney's fflce
CA9792
H:\PA\GG\OrdRes\Farmers Market ord (2)
R-2
November 2, 2005
SUMMARY OF MATERIAL TERMS
LEASE FOR RETAIL SPACE AT THE
VIRGINIA BEACH FARMERS MARKET
LESSOR:
City of Virginia Beach
LESSEE:
FLS Corporation t/a The Nesting Box
TERM:
December 1, 2005 through November 30, 2008
RENT:
$538 per month
RIGHTS AND RESPONSIBILITIES OF LESSEE:
. Use leased space for retail enterprise consistent with the purpose of the Farmers
Market. Specifically, Lessee will sell handcrafted birdhouses, bird feed and related
items.
. Maintain leased space, including heating and air conditioning units; pay all assessed
fees.
. Purchase commercial general liability insurance.
. Keep business open during hours of Farmers Market operation.
RIGHTS AND RESPONSIBILITIES OF CITY:
. Maintain common areas of the Farmers Market and structural elements of the leased
space.
. Pay for water, sewer and electrical service.
TERMINATION: City may terminate lease by providing Lessee sixty (60) days notice.
"
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MAP SHOWING
ENCROACHMENT REQUEST FOR
ROUSE I LLC AND COMP
GPINS 1467-82-5496 and 1467-82-4604
SCALE: 1" = 200'
PREPARED BY PM' ENG. DRAFT. 12-0CT-2005
- 36-
Item V-J.6.a.
RESOLUTIONS/ORDINANCES
ITEM # 54640
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Ordinance to A UTHORIZE a temporary encroachment into portions
of City property:
Rouse Drive by ROUSE I, LLC to install and maintain PVC
conduit for telephone and computer lines,
The following conditions shall be required:
1. The temporary encroachment shall be constructed and
maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach and in accordance with
the City's specifications and approval,
2. The temporary encroachment shall terminate upon notice by the
City to the applicant and, within thirty (30) days after such notice
is given, the temporary encroachment must be removedfrom 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'sfees in case
it shall be necessary to file or defend an action arising out of the
location or existence of the temporary encroachment.
4, Nothing herein contained shall be construed to enlarge the
permission and authority to permit the maintenance or
construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to permit
the maintenance and construction of any encroachment by
anyone other than the applicant.
5, The applicant agrees to maintain the temporary encroachment so
as not to become unsightly or a hazard.
6. The applicant must submit and have approved a traffic control
plan before commencing work in the encroachment area,
7. The applicant agrees that no open cut of the public roadway will
be allowed except under extreme circumstances. Requests for
exceptions must be submitted to the Highway Operations
Division, Department of Public Works, for final approval.
8. The applicant must obtain a permit from the Office of the
Planning Department prior to commencing any construction
within the encroachment area.
November 22,2005
Item V-J.6.a.
- 37-
RESOLUTIONS/ORDINANCES
ITEM # 54640 (Continued)
9, Prior to issuance of a right-of-way permit, the applicant must
post a bond or other security in accordance with the engineer's
cost estimate to the Office of the Planning Department.
10. The applicant 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 insured or loss payee, as applicable. The
applicant agrees to 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 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 applicant assumes all
responsibilities and liabilities, vested or contingent, with relation
to the temporary encroachment.
11. The temporary encroachment must conform to the minimum
setback requirements, as established by the City.
12. The applicant must submit for review and approval, a survey for
the encroachment area, certified by a registered professional
engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachment sealed by a registered professional
engineer, if required by either the City Engineer's Office or the
Engineering Division of the Public Utilities Department
13. The City, upon revocation of such authority and permission so
granted, may remove the temporary encroachment and charge
the cost thereof to the applicant and collect the cost in any
manner provided by law for the collection of local or state taxes;
may require the applicant to remove such temporary
encroachment,. and, pending such removal, the City may charge
the applicant for the use of the encroachment area, 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 ordered herein above,
the City may 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.
November 22,2005
- 38-
Item V-J.6.a.
RESOLUTIONS/ORDINANCES
ITEM # 54640 (Continued)
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
November 22,2005
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE A
4 TEMPORARY ENCROACHMENT INTO A
5 PORTION OF THE CITY'S RIGHT-
6 OF-WAY KNOWN AS ROUSE DRIVE
7 BY ROUSE I LLC, A VIRGINIA
8 LIMITED LIABILITY COMPANY AND
9 COMP, A VIRGINIA GENERAL
10 PARTNERSHIP, THEIR ASSIGNS
11 AND SUCCESSORS IN TITLE
12
13 WHEREAS, Rouse I LLC, a Virginia limited liability company
14 and Comp, a Virginia general partnership (affiliated companies)
15 desire to install and maintain a 150', 4" diameter PVC conduit
16 for telephone and computer lines within a portion of the City's
17 right-of-way known as Rouse Drive.
18
WHEREAS, City Council is authorized pursuant to ~~ 15.2-
19 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
20 authorize temporary encroachments into a portion of the City's
21 right-of-way subject to such terms and conditions as Council may
22 prescribe.
23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25 That pursuant to the authority and to the extent thereof
26 contained in ~~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950,
27 as amended, Rouse I LLC, a Virginia limited liability company,
28 and Comp, a Virginia general partnership, their assigns and
29 successors in title are authorized to install and maintain a
30 temporary encroachment for a 150', 4" PVC conduit for telephone
31 and computer lines in a portion of the City's right-of-way as
32 shown on the map marked Exhibit "Af/ and entitled: "CONDUIT
33 ROUTING PLAN OF PROPERTY OF ROUSE 1, LLC, f/ a copy of which is on
34 file in the Department of Public Works and to which reference is
35 made for a more particular description; and
36
37
BE IT FURTHER ORDAINED, that the temporary encroachment is
expressly subject to those terms,
conditions and criteria
38 contained in the Agreement between the City of Virginia Beach
39 and Rouse I LLC, a Virginia limited liability company, and Comp,
40 a Virginia general partnership (the "Agreementf/), which is
41 attached hereto and incorporated by reference; and
42
BE IT FURTHER ORDAINED, that the City Manager or his
43 authorized designee
44 Agreement; and
is
hereby authorized to
execute
the
45
BE IT FURTHER ORDAINED, that this Ordinance shall not be in
46 effect until such time as Rouse I LLC, a Virginia limited
47 liability company, and Comp, a Virginia general partnership and
48 the City Manager or his authorized designee execute the
49 Agreement.
50
51
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 22nd day of November
, 2005.
2
APPROVED AS TO CONTENTS
~g C. ~tY\
NATURE (\)-:)
Pi!) [fAI [: I5tzdr
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
CI
CA - 9702
PREPARED: 10/27/05
X:\Projects\Encroachments\Applicants\Rouse Drive - 4 inch conduit - PHA\Ordinance
Encroachment.Frm.doc
F: IDatalATYIOIDIREAL ESTATEIEncroachmentslpw OrdinanceslCA9702 Rouse I, LLC lCornp.doc
3
PREPARED BY VIRGfNIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDA TION TAXES
UNDER SECTION 58.1-8lI(C) (4)
THIS AGREEMENT, made this -ft day of (3~ , 200~, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor,
"City", and ROUSE I LLC, A VIRGINIA LIMITED LIABILITY COMPANY, AND COMP, A
VIRGINIA GENERAL PARTNERSHIP, THEIR ASSIGNS AND SUCCESSORS IN TITLE,
"Grantee", even though more than one.
WIT N E SSE T H:
That, WHEREAS, the Grantee are the owners of those certain lots, tracts, or
parcels of land designated and described as "NOW OR FORMERLY CLARENCE HARRIS," as
shown on that certain plat entitled "PLAT OF PROPERTY TO BE CONVEYED TO WINSTON
G. SNIDER + SAM L. HAKIM KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA,"
and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Map
Book 102, at page 18; and designated and described as "#5034 & #5032," as shown on that
certain plat entitled "PHYSICAL SURVEY PROPERTY KNOWN AS #5034 & 5032 ROUSE
DRIVE VIRGINIA BEACH, VIRGINIA FOR DENNIS R. STUVER," said plat recorded in the
aforesaid Clerk's Office in Deed Book 2246, at page 1020; and also designated and described as
".62 Ac.," as shown on that certain plat entitled "PROPERTY OF ALFRED MCCLENNEY
LOCATED NEAR EUCLID - IN - PRINCESS ANNE CO., VA.," said plat recorded in the
aforesaid Clerk's Office in Deed Book 339, at page 364, and being further designated and
described as 5033 Rouse Drive, Virginia Beach, Virginia 23462, GPIN 1467-82-5496 and also
GPIN 1467-82-4604;
GPIN: NO GPIN ASSIGNED TO RIGHT OF WAY
1467-82-5496 and 1467-82-4604
WHEREAS, it is proposed by the Grantee to install and maintain 150', of 4"
diameter PVC conduit for telephone and computer lines, "Temporary Encroachment", in the City
of Virginia Beach;
WHEREAS, in installing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of an existing City right of way known as
Rouse Drive "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 of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in
hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the
Grantee permission to use The Encroachment Area for the purpose of constructing and
maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of Virginia and
the City of Virginia Beach, and in accordance with the City's specifications and approval and is
more particularly described as follows, to wit:
A Temporary Encroachment into The Encroachment Area as
shown on that certain plat entitled: "CONDUIT ROUTING PLAN
OF PROPERTY OF ROUSE 1, LLC," a copy of which is attached
hereto as Exhibit "A" and to which reference is made for a more
particular description.
It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30)
days after the notice is given, the Temporary Encroachment must be removed from The
2
Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such
removal.
It is further expressly understood and agreed that the Grantee shall indemnify and
hold harmless the City, its agents and employees, from and against all claims, damages, losses
and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an
action arising out of the location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained shall
be construed to enlarge the permission and authority to permit the maintenance or construction of
any encroachment other than that specified herein and to the limited extent specified herein, nor
to permit the maintenance and construction of any encroachment by anyone other than the
Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain
the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must submit and
have approved a traffic control plan before commencing work in The Encroachment Area.
It is further expressly understood and agreed that the Grantee agrees that no open
cut of the public roadway will be allowed except under extreme circumstances. Requests for
exceptions must be submitted to the Highway Operations Division, Department of Public Works,
for final approval.
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Planning Department prior to commencing any construction within The
Encroachment Area.
3
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 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 al so 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 Temporary Encroachment
must conform to the minimum setback9<fequirements, as established by the City.
It is further expressly understood and agreed that the Grantee must submit for
review and approval, a survey of The Encroachment Area, certified by a registered professional
engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment
sealed by a registered professional engineer, if required by either the City Engineer's Office or
the Engineering Division of the Public Utilities Department.
It is further expressly understood and agreed that the 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
4
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 the time
ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is
allowed to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection oflocal or state taxes.
IN WITNESS WHEREOF, the said Rouse I LLC, a Virginia limited
liability company, has caused this agreement to be executed by Robert S. Miller, III, Manager of
Rouse I LLC, a Virginia limited liability company, with due authority to bind said limited
liability company, and the said COMP, a Virginia general partnership, has caused this
Agreement to be executed in its name on its behalf by Robert S. Miller, III and W. R. Stephenson
Jr., partners, with due authority to bind said partnership. Further, that the City of Virginia Beach
has caused this Agreement to be executed in its name and on its behalf by its City Manager and
its seal be hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
5
ROUSE I LLC,
A VIRGINIA LIMITED LIABILITY
COM Y
By:
COMP,
A VIRGINIA GENERAL PARTNERSHIP
By:
BY:~~'~
W. R. Stephe son, Jr., ner
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 200_, 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
, 200_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
Notary Public
6
My Commission Expires: ~
STATE OF 'V;'1t&.-t'n J4-
CITY/f:Oill'r~Y OF ~t(Y,'t\"A-'6e~to-wit:
The foregoing instrument was acknowledged before me this / ~day of
CJtf-r;f,eL, 200S: by Robert S. Miller, III, Manager, on behalf of Rouse I LLC, a
Virginia limited liability company.
A~~
Notary Public
My Commission Expires: r /30/ () 7
STATE OF V;~"/l/A
CITY/GOUNT~ OFy]pU-r^'YrI5e~o-wit:
The foregoing instrument was acknowledged before me this 19~y of
;;Jc;htbeL
-
, 200 ~ , by Robert S. Miller, III and W. R. Stephenson, Jr., Partners, on
behalf of Comp, a Virginia general partnership.
.~ {I: ~
Notary PublIc
My Commission Expires: 1'/5l)/tJ7
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
~~
X\Projects\Encroaclunents\Applicants\Rouse Drive - 4 inch conduit - PHA\Agreement Encroachment.Frm.doc
7
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- 39-
Item V-J.6.b.
RESOLUTIONS/ORDINANCES
ITEM # 54641
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Ordinance to A UTHORIZE a temporary encroachment into portions of
City property:
Diamond Springs Road by R. M. CLARKE, L.L. C. to install and
maintain conduit for network cables
The following conditions shall be required:
1. The temporary encroachment shall be constructed and
maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach and in accordance with
the City's specifications and approval,
2, The temporary encroachment shall terminate upon notice by the
City to the applicant and, within thirty (30) days after such notice
is given, the temporary encroachment must be removedfrom 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'sfees in case
it shall be necessary to file or defend an action arising out of the
location or existence of the temporary encroachment.
4, Nothing herein contained shall be construed to enlarge the
permission and authority to permit the maintenance or
construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to permit
the maintenance and construction of any encroachment by
anyone other than the applicant.
5. The applicant agrees to maintain the temporary encroachment so
as not to become unsightly or a hazard.
6. The applicant must submit and have approved a traffic control
plan before commencing work in the encroachment area,
7. The applicant agrees that no open cut of the public roadway will
be allowed except under extreme circumstances. Requests for
exceptions must be submitted to the Highway Operations
Division, Department of Public Works, for final approval.
November 22,2005
- 40-
Item V-J.6.b.
RESOLUTIONS/ORDINANCES
ITEM # 54641 (Continued)
8. The applicant must obtain a permit from the Office of the
Planning Department prior to commencing any construction
within the encroachment area.
9. Prior to issuance of a right-of-way permit, the applicant must
post a bond or other security in accordance with the engineer's
cost estimate to the Office of the Planning Department.
10, The applicant 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 insured or loss payee, as applicable, The
applicant agrees to 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 will provide endorsements
providing at least thirty (30) days I written notice to the City prior
to the cancellation or termination of, or material change to, any
of the insurance policies. The applicant assumes all
responsibilities and liabilities, vested or contingent, with relation
to the temporary encroachment.
11. The applicant must submit for review and approval, a survey for
the encroachment area, certified by a registered professional
engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachment sealed by a registered professional
engineer, if required by either the City Engineer's Office or the
Engineering Division of the Public Utilities Department
12, The City, upon revocation of such authority and permission so
granted, may remove the temporary encroachment and charge
the cost thereof to the applicant and collect the cost in any
manner provided by law for the collection of local or state taxes;
may require the applicant to remove such temporary
encroachment; and, pending such removal, the City may charge
the applicant for the use of the encroachment area, 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 ordered herein above,
the City may 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.
November 22,2005
- 41 -
Item V-J.6.b.
RESOLUTIONS/ORDINANCES
ITEM # 54641 (Continued)
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
November 22,2005
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE A
4 TEMPORARY ENCROACHMENT INTO A
5 PORTION OF THE CITY'S RIGHT-OF-
6 WAY KNOWN AS DIAMOND SPRINGS
7 ROAD BY R. M. CLARKE, L.L.C., A
8 VIRGINIA LIMITED LIABILITY
9 COMPANY, ITS ASSIGNS AND
10 SUCCESSORS IN TITLE
11
12
WHEREAS, R. M. Clarke, L.L.C., a Virginia limited liability
13 company, desires to install and maintain a 135'f, 4# diameter
14 conduit for network cables within a portion of the City's right-of-
15 way known as Diamond Springs Road.
16 WHEREAS, City Council is authorized pursuant to ~~ 15.2-2009
17 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize
18 temporary encroachments into a portion of the City's right-of-way
19 subject to such terms and conditions as Council may prescribe.
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22
That pursuant to the authority and to the extent thereof
23 contained in ~~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as
24 amended, R. M. Clarke, L.L.C., a Virginia limited liability
25 company, and its assigns and successors in title, is authorized to
26 install and maintain a temporary encroachment for a 135't, 4H
27 diameter conduit for network cables in a portion of the City's
28 right-of-way as shown on the map marked Exhibit ~AH and entitled:
29 ~ENCROACHMENT EXHIBIT FOR CARE-A-LOT PET SUPPLY WAREHOUSE VIRGINIA
30 BEACH, VIRGINIA SEPTEMBER 21, 2005,H a copy of which is on file in
31 the Department of Public Works and to which reference is made for a
32 more particular description; and
33
BE IT FURTHER ORDAINED, that the temporary encroachment is
34 expressly subject to those terms, conditions and criteria contained
35 in the Agreement between the City of Virginia Beach and R. M.
36
37
Clarke,
L.L.C. ,
a Virginia
limited liability company,
(the
"Agreement") ,
which
is
attached hereto and incorporated by
38 reference; and
39
BE IT FURTHER ORDAINED,
that the City Manager or his
40 authorized designee is hereby authorized to execute the Agreement;
41 and
42
BE IT FURTHER ORDAINED, that this Ordinance shall not be in
43 effect until such time as R. M. Clarke, L.L.C., a Virginia limited
44 liability company and the City Manager or his authorized designee
45 execute the Agreement.
46
47
Adopted by the Council of the City of Virginia Beach,
Virginia,
on
the
22nd
day
of November
2005.
APPROVED AS TO CONTENTS
~t1}f$ C.~(Lt0~
tf/.. GNATURE
PW Rf-fl) E~+5t1.
DEPARTMENT
APPROVED AS TO LEGAL
SUF~ C9;RM
I
CITY ATTORNEY
CA-9707
PREPARED: 11/1/05
X:\Projects\Encroachments\Applicants\Care a Lot - 4 inch conduit - PHA\Ordinance Encroachment.Frm.doc
F:IDatarATYIOIDIREAL ESTATE/EnCroachmentslpw OrdinanceslcA9707 R. M. Clarke, LLC.doc
2
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58,l-811(C) (4)
Tms AGREEMENT, made this I e~- day of ;lsv-e.-1.J~,--, 2005, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor,
"City", and R. M. CLARKE, L.L.C., a Virginia limited liability company, ITS/HIS/THEIRIHER
HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one.
WI TNE SSE TH:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "Parcel B-1B, 2.602 AC," as shown on that certain plat entitled
"SUBDIVISION OF PARCEL B-1, PLAT SHOWING SUBDMSION OF PARCEL B ON
SUBDIVISION OF PROPERTY OF CHRIS G. CHRISTOPOULOS & CONSTANTINE G.
THOMAS, M.B. 45, P. 17", and being further designated and described as 1924 Diamond
Springs Road, Virginia Beach, Virginia 23455;
WHEREAS, it is proposed by the Grantee to construct and maintain 135' :f:: of 4"
diameter conduit containing network cables, "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 right of way known as
Diamond Springs Road "The Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within The Encroachment Area.
GPIN 1469-16-5050
NOW, THEREFORE, for and in consideration of the premises and ofthe 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 accordance with the City's specifications and approval and is
more particularly described as follows, to wit:
A Temporary Encroachment into The Encroachment Area as
shown on that certain plat entitled: "ENCROACHMENT
EXHIBIT FOR CARE-A-LOT PET SUPPLY WAREHOUSE
VIRGINIA BEACH, VIRGINIA SEPTEMBER 21, 2005," a copy
of which is attached hereto as Exhibit "A" and to which reference
is made for a more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or 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 Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30)
days after the notice is given, the Temporary Encroachment must be removed from The
Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such
removal.
2
It is further expressly unders tood and agreed that the Grantee shall indemnify and
hold harmless the City, its agents and emp loyees, 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 ofthe location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained shall
be construed to enlarge the permission and authority to permit the maintenance or construction of
any encroachment other than that specified herein and to the limited extent specified herein, nor
to permit the maintenance and construction of any encroachment by anyone other than the
Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain
the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must submit and
have approved a traffic control plan before commencing work in The Encroachment Area.
It is further expressly understood and agreed that the Grantee agrees that no open
cut of the public roadway will be allowed except under extreme circumstances. Requests for
exceptions must be submitted to the Highway Operations Division, Department of Public Works,
for final approval.
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of 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 Planning Department.
3
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 pobcies 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 Grantee must submit for
review and approval, a survey of The Encroachment Area, certified by a registered professional
engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment
sealed by a registered professional engineer, if required by either the City Engineer's Office or
the Engineering Division of the Public Utilities Department.
It is further expressly understood and agreed that the 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 the time
ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is
4
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 R. M. CLARKE, L.L.C. has caused this
agreement to be executed by Mary Clarke , Manager of R. M. CLARKE, L.L.C., a Virginia
limited liability company, with due authority to bind said limited liability company. Further,
that the City of Virginia has caused this agreement to be executed in its name and on its behalf
by its City Manager and its seal be hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
By:
City Manager! Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
R. M. Clarke, L.L.C.,
a Virginia limited liability company
By: /m "'"'11 r Lei -
Mary Clarke, anager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2005, by
, CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
5
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2005, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
Notary Public
My Commission Expires:
s;:q OF V Itt-CtLkl t1t
(!!jICOUNTY OF VlfUrt,Nlk OO~
, to-wit:
The foregoing instrument was acknowledged before me this I
day of
tJoVc'.,nb t'V" ,2005, by Mary Clarke, Manager(Title) on behalf ofR. M. Clarke,
L.L.C., a Virginia limited liability company_
CA\l.w6.dac 1JlXJn,
Notary Public
My Commission Expires: ,- 3 J - () <6'
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
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o.D LOCATION MAP
~ ENCROACHMENT REQUEST ICJ 05
0- ~ FOR 0
CARE-A-LOT PET SUPPLY WAREHOUSE </
1924 DIAMOND SPRINGS RD.
GPIN 1469-16-5050
CARE-A-LOT,DGN M,J,S.
PREPARED BY PM' ENG. CADD DEPT.
SCALE: 1" = 400'
OCT. 27,2005
-------------------------------------------------------
- 42-
Item V-J. 7.
RESOLUTIONS/ORDINANCES
ITEM # 54642
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Ordinance to ADD one full-time employee position to the City
Attorney's Office and TRANSFER $44,134 from the Contingency
Fund to the City Attorney's FY2005-06 Operating Budget.
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 1. Wood
.
Council Members Voting Nay:
None
Council Members Absent:
Jim Reeve
November 22, 2005
In
1
2
3
4
5
6
AN ORDINANCE TO ADD ONE FULL-TIME
EMPLOYEE POSITION AND TRANSFER
$44,134 FROM THE RESERVE FOR
CONTINGENCIES TO THE FY 2005-06
OPERATING BUDGET OF THE CITY
ATTORNEY'S OFFICE
7
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
1.
That an additional full-time attorney position is
10 hereby established in the City Attorney's FY 2005-06 Operating
11 Budget at a total cost of $44,134 for the remainder of this
12 fiscal year.
13
2.
That $44,134 is hereby transferred to the City
14 Attorney's FY 2005-06 Operating Budget from the Reserve for
15 Contingencies to fund the position authorized by this ordinance.
16
Adopted by the Council of the City of Virginia Beach,
17
Virginia, on the 22nd day of November
, 2005.
Approved as to Content
Approved as to Legal
Sufficiency
;~UYA-
I .
/~nu. ( K . .{fU ."
City Attorney's flce
CA9794
H:\PA\GG\OrdRes\City Attorney REFTE Ord
November 4, 2005
R-l
- 43-
Item V-J.8.a.b.
RESOLUTIONS/ORDINANCES
ITEM # 54643
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Ordinances to ACCEPT and APPROPRIATE:
a. $2,500 from the Virginia Office of the Attorney General
TRIAD Crime Preventionfor Senior's Grant and $1,000
from the Wal-Mart Foundation to the Police Department's
FY2005-06 Operating Budget re purchase of Project
Lifesaver equipment
b. $605,866 from the Virginia Compensation Board to the
Clerk of Circuit Court's FY 2005-06 Technology Trust
Fund as reimbursement for technology expense
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
November 22,2005
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $2,500
2 FROM THE VIRGINIA OFFICE OF THE ATTORNEY
3 GENERAL TRIAD CRIME PREVENTION PROGRAM AND
4 $1,000 FROM THE WAL-MART FOUNDATION TO THE
5 POLICE DEPARTMENT'S FY 2005-06 OPERATING
6 BUDGET FOR THE PURCHASE OF PROJECT LIFESAVER
7 EQUIPMENT
8 WHEREAS, the Police Department has identified $250 in matching
9 funds to support the Virginia Office of the Attorney General's
10 TRIAD Crime Prevention for Seniors grant.
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13
1. That $2,500 is hereby accepted from the Virginia Office
14 of the Attorney General and appropriated to the Police Department's
15 FY 2005-06 Operating Budget for the purchase of Project Lifesaver
16 equipment, with state revenue increased accordingly.
17
2 .
That $1,000 is hereby accepted from the Wal-Mart
18 Foundation and appropriated to the Police Department's FY 2005-06
19 Operating Budget for the purchase of Project Lifesaver equipment,
20 with donation revenue increased accordingly.
21
Adopted by the Council of the City of Virginia Beach,
22
Virginia, on the 22nd day of November
, 2005.
Requires an affirmative vote by a majority of the members of
the City Council.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
Jj
~
fice
CA9795
H:\PA\GG\OrdRes\Triad
R-2
November 10, 2005
Walmart ORD
,L..-05 ())
10 -" ~ tJ..f. /'
COMMONWEALTH of VIRGINIA ~ )fi
Office of the Attorney General
Judith Williams Jagdmann
Attorney General
Mr. A.M. Jacocks, Jr.
Chief of Police
Police Headquarters
2509 Princess Anne Road
Virginia Beach, VA 23456
I
,
900 East Main Street
Richmond, Virginia 23219
804-786-2071
FAX 804-786-1991
'. " .-...... .-...-.-__.. ..Virginia Relay Services
!' \, if 1(:" ;':'~:',! 800-828-1120
'. . i.l: / tl, i,' \ i : 7..1..1
.1' j:
September 30, 2005
OCT ,- 4 2005
I;;
I:.
Title: TRIAD Crime Prevention for Seniors Grant Program
,I ".. ;..~:";':r
..
,';, .Y'..;jf
. . ,I
c: ."" '.:,"(
.-........." o.
Dear Chief Jacocks:
"" ."-'__'_,._...~...,.,,,,,
Congratulations, your organization has been selected to participate in the Office of the Attorney General TRIAD
Crime Prevention for Seniors Grant Program. I am pleased to advise-you t:t grant number 05 .A~CTCP 221~ for the
above-referenced grant program has been approved in the amount of $2-50 'OO'1n state funds and $250.00 in local
matching funds for a total award of$2.750.00.
Enclosed you will find a ~tl1tp.mp.nt nf r.T"nt A,.,,,W aud a ~tatelA8Rt ef Grast }.wara Sl'ee:ial Condit;,,,,,, To
indicate your acce,ptance of the awarn ann mnnitinn~ ~p""p sign the award acceptance and return it to Jennifer Hasty,
Director of TRIAD & Citizen Outreach, at the Office of the Attorney General (OAG). Please review the conditions
carefully; as some require action on your part before we will release grant funds.
When we receive documentation showing that you have complied with the conditions, you will be eligible to request
reimbursement of grant funds awarded under this grant. A REQUEST FOR REIMBURSEMENT form is included with
this letter and should be used for this purpose. In addition to the Request for Reimbursement form, please submit the ED!
PAYMENT AGREEMENT form that is included in this packet to the Office of the Attorney General and Depaliment of
Accounts in order to expedite fund transmittal. You may request reimbursement of funds at the same time you submit the
documentation of compliance with the grant conditions, or at any time thereafter. However, we cannot process your
request until we have received and approved all required information. Also, enclosed are the Post Award Instructions and
Reporting Requirements. Please refer to and read this information carefully as. it contains details on processing financial
and progress reports, as well as requesting reimbursement for the awarded funds.
We appreciate your interest in this grant program and will be happy to assist you any way we can to assure your
project's success. If you have any questions, please contact Jennifer Hasty at (804) 786-9516 or via email at
ihastvcmoal!.state. va. us,
Sinc;rt .
C1~~{I/~ll0~~-
~UdithWillia~
Enclosure
cc: Marie Chiarizia, Lieutenant
Patricia Phillips, Finance Director
75741[,349'"
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09;25/2005 14:28
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Nov 16 05 02:35p
p.2
Grant Application
Office of the Attorney General, 900 East Main Street, Ricl1 mond, Virginia 23219
Grant Program: TRIAD -Commonwealth of Virgi nia
Applicant: Virginia Beach Police Departme nt
Applicant FederallD 540722061
Number:
Jurisdiction(s) Virginia Beach, Va
Served:
Program Title: Crime Prevention for Seniors G rant Program
Grant Period: October 1, 2005 to June 30, 2005
." .. .. Project Director Project. dmh1islrato'i' ~. ' Finance 0
t-lame:
Title:
Address:
Marie Chiarizia
Lieutenant
Third Police Precinct
926 Independence Blvd
Virginia Beach, VA 23453
A.M. Jacoc C5, Jr.
Chief of Po ice
Police Heallquarters
2509 PrincEss Anne Rd
Virginia Be Ich, VA 23456
Patricia Philli s
Finance Director
Municipal Center, B dg. 1
2401 Courthouse 0 ive
Suite 220
Virginia Beach, VA ~3456
Phone:
Fax:
E-mail:
Signature
Establish a start up Loaner Program to provide the tra eking device of the Project Lifesaver tn nsmitters
and equipment to seniors who have Alzheimer's dis ease or memory impairment, and are at risk of
wandering from home, becoming lost, and not being able to find their way home. This pre gram will
benefit clients who need the device and who cannot a1 ford to purchase the equipment. Once j client no
longer needs the equipment, it will then be assigned to another client.
Project Budget Summary t .., . " OAG Fun
State Cash
Personnel $ N/A $ N/A
Consultants $ N/A $ N/A
Travel/Subsistence $ N/A $ N/A
Equipment $2.500.00 $250,00
Indirect Costs $0,00 $0,00
Supplies/Other Operating Expenses $0,00 $0.00
Totals: $2,500,00 $250,00
Grand Total: $2700.00
I . I
~
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Nov 16 05 02:36p
p.3
TRIAD Crime Prevention to ,. Seniors Grant Progrc ,m
Sponsored by the Office 0: the Attorney General
I
I
~
~
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I APPLICANT: Marie Chiarizia
I JURISDICTION{S) SERVED: Virginia Beach, Va
I PROJECT TITLE: Crime Prevention fClr Seniors Grant
I AMOUNT OF FUNDING REQUESTED: $2,500.00
I AMOUNT OF CASH MATCH BY LOCA.LlTY: $250.00
(Must Be 10% of Requested Funding)
PROJECT DESCRIPTION
· How will funding be used? Document the nE ed for this funding.
· Explain the project's relevance to senior Cril11e prevention and expected timeline for
completion of the project
· Detail history of project if it has been done b ;!fore (success stories)
· Detail any or anizations/agencies that will CI tllaborate to ensure the success of the Iroject
Wandering is one of the most common, pot ~ntially life threatening behavior~
associated with Alzheimer's disease. Wanclering involves leaving a safe
environment, walking away and getting los1. Adults with Alzheimer's diseas ~ and
related dementia or memory impairment wl1 0 wander constitutes a critical
emergency and a need for immediate searc 1 efforts by police and search an I
rescue personnel. Tremendous resources will be called upon to find the mi~ sing
person because with each passing hour, th,~ area to be searched grows
exponentially and the risk of injury and dea th for the missing person increa5 ~s
significantly. The probability they will not survive this incident escalates to iO%
if a missing Alzheimer's patient is not found within 12 hours. The average 51 !arch
effort lasts approximately 9 hours and the v,indow of successfully locating tile
missing Alzheimer wanderer diminishes rapidly for these types of searches.
There are approximately 26,000 people in H :lmpton Roads who have been
diagnosed with Alzheimer's disease. In Virqinia Beach it is estimated that o'er
6500 people have Alzheimer's disease and '10% of this group will wander fro n
their homes. That means 650 seniors are at"risk of becoming lost, or being fllrther
victimized, while they are lost in our commllnity. Such individuals are unawc re of
their situations and they leave few verifiablo clues when they leave. A signii cant
number of individuals will walk into areas a nd cannot get out. They do not C :111
out for help and will not respond when people call out to them and many wil die
as a result of exposure to the elements.
Nov 16 05 02:3610
10.4
In May 2005, the Virginia Beach Police Dep ntment partnered with Project
Lifesaver, International to be able to provide a pro-active involvement with
individuals who suffer from Alzheimer's dil;ease. Project Lifesaver is desig led to
provide security and comfort for the family while safe guarding the memory
impaired and those who are least able to hl~lp themselves. This effort provi :les
personalized transmitters to people who ar e at risk of wandering away from home
and becoming lost. The transmitter emits a constant radio signal that has bt ,en
powered by a small battery. They have been in operation since 1999 trainin J
police and sheriff departments in this progl'am. There has been 1165 searcl es to
date and all 1165 individuals have been fOll nd alive and in less than 30 mint tes.
If the client wanders away from home, a sp ~cialized team of officers from Vi 'ginia
Beach Police responds. Having been trainl ~d in the unique tracking equipm lOt
and search techniques they will respond to all cases of the lost person in tl1 s
program and search for them.
This equipment is being provided to citizen s for a minimal fee of $376.35 for one
year. For a little more than a $1.00 a day e :lch participant will receive a
personalized transmitter and battery tester that ensures the equipment is ai' \fays
working. However, many Senior citizens ate on a fixed income and cannot i fford
this extra expense. Insurance companies ~lnd Medicaid do not cover the co .t of
this vital piece of equipment and we are loe ,king for resources to be able to
provide the assistance needed to obtain thi s equipment.
The grant funding would be used to start UI) a loan program with the initial
purchase for transmitters and battery teste rs and a supply of batteries for tt ose
who cannot afford the equipment. Once a I :urrent client no longer needs tht '
tracking equipment, it will be reassigned to others who are entering into the
program. The transmitters and battery test ers can be used for several year~ and
can be assigned to clients with the greates' ~ risk of wandering. By establish ng a
loan program it will ensure those who are most in need and cannot afford th ~
program will be able to obtain this equipme 'nt.
BUDGET DETAIL
· Breakdown of what the requested funding w ill be used for
I Purchase 9 transmitters @ $223.65 ea. = $2012.85
Purchase 9 battery testers @ $ 52.50 ea. = $ 472.50
Purchase 33 batteries @ $ 6.50 ea.:: $ 214.50
$2699.85
Nov 16 05 02:36p
p.5
TARGET POPULATION
· How many seniors are ex ected to benefit fr Jm the project?
The direct benefit will be to 9 individuals at a time. It is estimated that the
program could assist 9 to 81 people. It will be dependent on the duration of he
time they each spend in the program.
FUTURE GOALS
· Describe how the project could be maintainE d in future years if grant funding is not
available
The purchase of this equipment ensures thilt it will be available and designa ed
for those individuals who need assistance in the future.
1
2
3
4
5
6
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$605,866 FROM THE STATE TO THE CLERK OF
THE CIRCUIT COURT'S FY 2005-06
TECHNOLOGY TRUST FUND
WHEREAS, the State of Virginia Compensation Board has
7 changed it's reimbursement format for the Clerk of the Circuit
8 Court's Technology Trust Fund.
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
10 OF VIRGINIA BEACH, VIRGINIA:
11
That $605,866 in additional State revenue is hereby
12 appropriated to the Clerk of the Circuit Court's FY 2005-06
13 Technology Trust Fund to cover the cost of court technology with
14 State revenue increased accordingly.
15
Adopted by the Council of the City of Virginia Beach,
16 Virginia on the 22nd
day of November
, 2005.
Approved as to Content
Approved as to Legal
Sufficiency
Management Services
. ~ (tt-:ft&J.
City Attorney' Office
b~Q_
CA9800
H:\PA\GG\OrdRes\Clerk
R-2
November 10, 2005
Tech. Trust Fund ORD
,-----------
, , - 9-06; 3: 17PM;
;466 5686
# 2/ 2
11/01/05 Sel: Clerks Equipment/Service 757-427-8817
YY/MM: 05/10 Lac: 810 Off: 321 Officer Name: TINA E. SINNER
SCBRUM23
IT Equipment Description
Quantity Unit Cost
Gross Cost
Service Vendor
Service Description
Equipment Services
Totl: 0.00 + 0.00 = LOC Combined Total:' 0.00
Totl: 0.00 + 0.00 = CB Combined Total: 0.00
Authorized: Exp to Date: Balance:
Aut: 66814.00 Aut: 539052.00 60586~.00 0.00 605866.00
YTD: 0.00 YTD: 0.00 0.00 605866.00
Bal: 66914.00 Bal: 539052.00 0.00 . 0.00
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- 44-
Item V-K.
PLANNING ITEM # 54644
1. K & SONS, INC K & SONS, INC MODIFICATION OF THE INDIAN
LAKES LAND USE
2.DONALD G. PRATT MODIFICATION OF PROFFERS
re Conditional Change of Zoning (approved
Apri/ll, 2000)
3. WILLIAM L. PAGE VARIANCE
4. BLUE HORSESHOE TATOO V, Ltd. CONDITIONAL USE PERMIT
5. SPRINTCOM, INC CONDITIONAL USE PERMIT
6. STEVEN KREVER CONDITIONAL CHANGE OF ZONING
7. CITY OF VIRGINIA BEACH AMEND to REORDAIN and REPEAL
CZO
a. Section 221.1 and ADD new
Article 18 re discretionary development
applications
b. AMEND and REORDAIN Airport
Noise and Attenuation and Safety
Ordinances re sound attenuation and
disclosures
c. AMEND Official Zoning Map to
incorporate the NAS Ocean a - NALF
Fentress Interfacility Traffic Area
d. AMEND the Comprehensive Plan to
incorporate the NAS Ocean a - NALF
Fentress Interfacility Traffic Area Map
e. AMEND the Comprehensive Plan by
revising Chapters 1, 2, 3, 5, 9, the
Appendix, and the Princess Anne
Corridor Plan to incorporate provisions
AICUZ, JLUS and the AICUZ Overlay
November 22,2005
- 45 -
Item V-K.
PLANNING
ITEM # 54645
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED IN ONE
MOTION Items 1,2,3, and 5 of the PLANNING BY CONSENT AGENDA.
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
Vice Mayor Louis R. Jones DISCLOSED and ABSTAINED Pursuant to Conflict of Interests Act ~ 2.2-3115
(E) re William Page's requestfor a Subdivision Variance (Item K3.). Vice Mayor Jones is a member of the
Board of Directors of Resource Bank and receives more than $10,000 a annually in compensation as a
Member of the Board.. Resource Bank has extended a loan to William Page for properties that are subject
ofhis variance request. Vice Mayor Jones wished to disclose this interest and abstain from discussion and
vote on this item. Vice Mayor Jones' letter of November 22, 2005, is hereby made a part of the record.
Council Lady McClanan voted a VERBAL NAY on Item K1. (K & SONS, INC.) and K5. (SPRINTCOM,
INC.)
November 22, 2005
- 46-
Item V-K.I.
PLANNING
ITEM # 54646
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED an Ordinance
upon application of K & SONS, Inc. for Modification to the Indian Lakes Land Use Plan to allow a
gasoline station in conjunction with a convenience store.
ORDINANCE UPON APPLICATION OF K & SONS, INC. FOR THE
MODIFICATION OF THE INDIAN LAKES LAND USE PLAN TO ALLOW
GASOLINE SALES IN CONJUNCTION WITH A CONVENIENCE STORE
ROll 0534134
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of K & Sons, Inc. for the Modification of the
Indian Lakes Land Use Plan to allow gasoline sales in conjunction with a
convenience store on property located at 1196 Indian Lakes Boulevard (GPINs
14658968560000; part of 14658958850000). 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. The purpose of this modification
to the land use plan is to develop the site for gasoline sales in conjunction with
a convenience store, DISTRICT 2 - KEMPSVILLE
The following conditions shall be required:
1. An agreement encompassingprojJers shall be recorded with the Clerk
of the Circuit Court and is hereby made a part of the record.
This Ordinance shall be ejJective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of November, Two
Thousand Five
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. McC/anan
Council Members Absent:
Jim Reeve
November 22, 2005
K & SON'S, INC., a Virginia corporation
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia
THIS AGREEMENT, made this 31st day of May, 2005, by and between K &
SON'S, INC., a Virginia corporation, Grantor; and THE CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of a two (2) parcels of property located
in the Kempsville District of the City of Virginia Beach, containing approximately
30,341 square feet of land which are more particularly described as Parcels 1 and
2 in Exhibit "A" attached hereto and incorporated herein by this reference. Said
parcels are herein referred to as the "Property"; and
WHEREAS, the Grantor has initiated a conditional amendment to the
Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the
Grantee so as to modify the PDH-1 Land Use Plan with a B-2 Commercial
Designation applicable to the Property to permit the sale of gasoline; 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
GPIN: 1465-89-6856
1465-89-5885 (Part)
PREPARED BY
~Yla:s, [lOU/mON,
'\JU:RN &. lM. P.C
1
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the
area of the Property and at the same time to recognize the effects of change, and the
need for various types of uses, certain reasonable conditions governing the use of
the Property for the protection of the community that are not generally applicable to
land similarly zoned are needed to cope with the situation to which Grantor's
rezoning application gives rise; and
WHEREAS, Grantor has voluntarily proffered, in writing, in advance of and
pnor to the public hearing before the Grantee, as a part of the proposed
modification to the PDH-l Land Use Plan applicable to the Property in addition to
the regulations provided for the PDH-l and B-2 Zoning Districts 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, Grantor, for itself, its successors, personal
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
govem the physical development, operation, and use of the Property and hereby
covenants and agrees that this declaration shall constitute covenants runnjng
with the Property, which shall be binding upon the Property and upon all parties
and persons claiming under or through Grantor, its successors, personal
representatives, assigns, grantee, and other successors in interest or title:
1. When the Property is redeveloped, III order to achieve a more
coordinated design and development on the site III terms of vehicular access,
PREPAREDBY parking and landscape buffering, the "K & SON'S INC. GAS AND PUMP
;ynS, ROURDON,
\Ul::RN&UVYP.c ADDITION AND REVITALIZATION PLAN", dated 3/1/2003 revised 5/2/2005,
prepared by The Spectra Group, Inc., which has been exhibited to the Virginia
2
Beach City Council and is on file with the Virginia Beach Department of Planning
("Revitalization Plan") shall be substantially adhered to.
2. When the Property is redeveloped, three (3) gasoline pumps shall be
added as depicted on the Revitalization Plan and the architectural design,
materials and colors of the canopy will be substantially as depicted on the exhibit
entitled "LUKOIL - Pleasant Valley," prepared by Pro Signs, which has been
exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning ("Canopy Elevation").
3. When the Property is redeveloped, the existing freestanding SIgn
shall be replaced with a monument'style freestanding sign no greater than eight
feet (8') in height with a base of split-face block painted to match that on the
existing building. The exterior surfaces of the masonry (split-face block) walls of
the existing building shall be painted a light, earth tone color. The existing
dumpster shall also be relocated and screened as depicted on the Revitalization
Plan.
PREPARED BY:
4. When the Property is redeveloped, the existing entrances on to the
Property from Indian Lakes Boulevard shall be consolidated and relocated as
depicted on the Revitalization Plan. All lighting on the site shall be consistent
with those standards recommended by the Illumination Engineering Society of
North America (IESNA). A photometric lighting plan indicating the number and
types of lighting will be submitted as part of the formal site plan submission for
review by the Planning Department to determine consistency with Crime
Prevention Through Environmental Design (CPfED) principles and practices.
Lighting shall be installed and operated as shown on the approved plan. All
lighting shall be directed inward and downward within the site.
5. 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 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
SYlCI::S. ROURDON,
Am:RN & liVY. P.c.
3
shall continue despite a subsequent amendment to the Zoning Ordinance even if
the subsequent amendment is part of a comprehensive implementation of a new
or substantially revised Zoning Ordinance until specifically repealed. The
conditions, however, may be repealed, amended, or varied by written instrument
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, and executed by the record owner of the Property at the time of
recordation of such instrument, provided that said instrument is consented to by
the Grantee in writing as evidenced by a certified copy of an ordinance or a
resolution adopted by the goveming body of the Grantee, after a public hearing
before the Grantee which was advertised pursuant to the provisions of Section
15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or
resolution shall be recorded along with said instrument as conclusive evidence of
such consent, and if not so recorded, said instrument shall be void.
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, Grantor shall petition the goveming 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
OREPAREDBY existence of conditions attaching to the zoning of the Property, and the
;Yk:IS, BOURDON, ordinances and the conditions may be made readily available and accessible for
\lImN & LM, P.c.
public inspection in the office of the Zoning Administrator and in the Planning
4
PREPARED BY:
;Y1<TS, ROlIDOON,
'\.m::RN & Lt'YY. P.C
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 Grantor and
the Grantee.
5
WITNESS the following signature and seal:
GRANTOR:
K & Son's, Inc., a Virginia corporation
By i~jJ
Khalid Saeed, President
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 1st day of June,
2005, by Khalid Saeed, President, K & Son's, Inc., a Virginia corporation,
Grantor.
,/Jh7/r //1 m~tJrM
Notary Public
My Commission Expires: August 31, 2006
PREPARED BY:
svn:s, ROURDON,
AJUJm &. Uvy, P.c.
6
EXHIBIT "A"
PARCEL 1:
ALL that certain lot, piece or parcel of land, together with the buildings and
improvements thereon, situate, and being in the City of Virginia Beach, Virginia,
being known, numbered and designated as Parcel C-I-B as shown on that certain
plat entitled "Subdivision of Parcel C-l, Map Book 181, Page 24, Kempsville
Borough, Virginia Beach, Virginia", made by Waterway Surveyors and Engineering,
Ltd., dated January 6, 1987 and last revised on April 2, 1987, which said plat is
duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, in Deed Book 2637, at Page 1808, reference to which plat is hereby made
for a more particular description of the property.
GPIN: 1465-89-6856
PARCEL 2:
Part of that certain lot, piece or parcel of land, lying, situate and being in the City of
Virginia Beach, Virginia, and being known, numbered and designated as Parcel C-
1-1 as shown on that certain plat entitled, "Subdivision of Parcel C-l, Map Book
181, Page 24, Kempsville Borough, Virginia Beach, Virginia", made by Waterway
Surveyors and Engineering, Ltd., dated January 6, 1987 and last revised on April 2,
1987, which said plat is duly recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, in Deed Book 2637, at Page 1808, containing
6262 square feet as depicted on the plan entitled "K & Son's, Inc. Gas Pumps
Addition and Revitalization Plan", prepared by The Spectra Group, Inc., dated
3/1/2005.
GPIN: 1465-89-5885 (Part)
CONDITIONALRZONE / SAEED / PROFFER
'REPARED BY:
yns, ROURDON,
.lImN & HVY P.c.
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- 47-
Item V-K.2.
PLANNING
ITEM # 54647
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council, upon application of
DONALD G. PRATT, MODIFIED PROFFERS from the Conditional Change of Zoning granted by the
City Council on April 11, 2000, re an additional office building. Proffer #3 no longer valid.
ORDINANCE UPON APPLICATION OF DONALD G. PRATT FOR A
MODIFICATION OF PROFFERS FROM THE CONDITIONAL CHANGE OF
ZONING FROM R-20 TO 0-1 GRANTED BY THE CITY CO UNCIL ONAPRIL
11,2000
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Donald G, Pratt for a Modification of Proffers
from the Conditional Change of Zoning from R-20 Residential District to 0-1
Office District granted by the City Council on April 11, 2000 on property
located at 2244 General Booth Boulevard (GPIN 24140665720000). The
Comprehensive Plan identifies this site as being a part of the Primary
Residential Area-South General Booth Corridor, suitable for
appropriately located suburban residential and non-residential uses
consistent with the policies of the Comprehensive Plan. The purpose of
this modification is to develop an additional office building on this site.
DISTRiCT 7 - PRINCESS ANNE
The following conditions shall be required:
1. An agreement encompassingprojJers shall be recorded with the Clerk
of the Circuit Court and is hereby made a part of the record.
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
November 22, 2005
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6300
DATE: November 10,2005
FROM:
Leslie L. Lilley
B. Kay Wilsontil()J
DEPT: City Attorney
DEPT: City Attorney
TO:
RE: Conditional Zoning Application; Donald G. Pratt
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on November 22, 2005. I have reviewed the subject proffer agreement, dated
September 22, 2005, 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.
BKW /ks
Enclosure
cc: Kathleen Hassen
Thb DGellmeat Prepared by:
F'LlIe, Flae, Legum & MeCraekeu, ILl'
THIS AGREEMENT made this 22nd day of September, 2005 by and between
DONALD G. PRATI. Property Owner, herein referred to as Grantor, party of the first part; and
. THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia, Grantee, party of the second part.
WITNE~~ETH:
WHEREAS, Property Owner is the owner of certain parcels of property located in the
Princess Anne district of the City of Virginia Beach, more particularly described as follows:
See Exhibit "A"
said parcels hereinafter collectively referred to as the "Property"; and
WHEREAS, the Grantor has initiated a conditional amendment to the zoning map of the
City of Virginia Beac~ Virginia, by petition addressed to the Grantee so as to change the Zoning
Classification of the Property from R-20 to 0-1, having been previously rezoned by agreement
dated June 10,1993 duly.recorded on November 29, 1993, in Deed Book 3307, at page 417; and
WHEREAS, the Gmntee's policy is to provide only for the orderly development of land
for various pmposes through zoning and other land development legislation; and
WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible
development of various types of uses conflict and that in order to permit different types of uses
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on and in the area of the Property and at the same time to recognize the effects of change that will
GPIN No.2414-06-6572-0000`
Owner's Initials
0..
be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use
of the Property for the protection of the community that are not generally applicable to land
similarly zoned are needed to resolve the situation to which the Grantor's rezoning application
gives rise; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to
the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map
with respect to the Property, the following reasonable conditions related to the physical
development, operation, and use of the Property to be adopted as a part of said amendment to the
Zoning Map relative and applicable to the Property, which has a reasonable relation to the
rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns,
Grantee, and other successors in title or intere~ voluntarily and without any requirement by or
exaction from the Grantee or its governing body and without any element of compulsion or quid
nm quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes
the following declaration of conditions and restrictions which shall restrict and govern the
physical development, operation, and use of the Property and hereby covenants and agrees that this
declaration shall constitute covenants running with the Property, which shall be binding upon the
Property and upon all parties and persons claiming under or through the Grantor, its successors,
personal representatives, assigns, Grantee, and other successors in interest or title:
I. When the Property is developed, it shall be developed substantially as shown on the
exhibit entitled "Preliminary layout Exhibit A General Booth Office Building", dated July 27, 2005
Page 2 of6
prepared by Site Improvement Associates, Inc., which has been exhibited to
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Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan").
2. The use of the Property shall be limited to (a) business offices; (b) medical and dental
offices and clinics and laboratory; legal, engineering, architectural and other professional offices;
accounting and bookkeeping offices; and (c) florist retail; all in accordance with a conditional zoning
duly approved by the City Council of the City of Virginia Beach.
3. Access to the Property from General Booth Boulevard shall be in accordance with the
Deed of Easement and Agreement dated December 16, 1991, and recorded in the Office of the Clerk
of the Circuit Court of the City of Virginia Beach, in Deed Book 305S, at page 2018.
4. Lighting on the Property shall be directed inward and not toward surrounded property.
5. The existing residential structure shall be maintained and exterior improvements of any
structure located on the Property will be constructed and maintained in a manner aesthetically
compatlole with adjoining residential uses and with Nimmo Church.
6. Provide privacy fencing along the southern property line adjacent to the residential
property.
7. Further conditions may be required by the Grantee during detailed Site Plan review and
administration of applicable City Codes by all cognizant City agencies and departments to meet all
applicable City Code requirements.
All references hereinabove to the 0-1 Zoning District and to the requirements and regulations
applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the
the Grantee as part of the amendment to the Zoning Ordinance, shall c
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City of Virginia Beach, Virginia, in force as of the date of approval of this agreement by City ColD1cil,
which are by this reference incorporated herein.
The above conditions, having been proffered by the Grantor and allowed and accepted by .
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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 ofth.e Circuit Court oftb.e Cit'J of Virginia Beach, Virginia, and execu+..ed by the record
owner of the Property at the time of recordation of such instrument, provided that such
instrument is consented to by the Grantee in writing as evidenced by a certified copy of an
ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the
Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with
said instrument as conclusive evidence of such consent, and if not so recorded, said instrument
shall be void.
The Grantors covenant and agree that:
(l) 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
(2)
The failure to meet all conditions and restrictions shall constitute
o deny
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(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;
Page 4 of6
the issuance of any of the required building or occupancy permits as may be appropriate;
(3) Ifaggrieved 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 Comt of the City of Virginia Beach, Virginia, and indexed in the names of the
Grantor and the Grantee.
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Exhibit "A"
ALL THAT certain 104 piece or parcel of land, lying, situate and being in the City of Virginia
Beach, Virginia, near Nimmo Church, numbered and designated as Lot A, upon that certain plat
entitled, "Subdivision of Property. Charles C. Hickman, et ux, D.B. 482, P. 21, M.B. 25 P. 70,
Princess Anne Borough, Virginia Beach, Virginia, Scale 1" = 100', September 24.1971, W. B.
Gallup, Surveyor," said lot being of the size and dimension as shown on said plat, which is duly
of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. in
Map Book 88, at Page 45, to which reference is hereby made for a more particular description for
the land herein conveyed.
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Owner's Initials
- 48-
Item V-K.3.
PLANNING
ITEM # 54648
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED the
Petition for a Variance to 9 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet
all the requirements of the City Zoning Ordinance (CZO), Subdivision for WILLIAM L. PAGE, to vacate
an existing property line of two adjacent properties, remove an existing single family home and resubdivide
creating two new lots of equal size:
Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for William L.
Page, Property is located at 1544 West Little Neck Road (GPINs
14895035590000; 14895046060000). DISTRICT 5 - LYNNHA VEN
The following conditions shall be required:
1. The parcels shall be subdivided and recorded as depicted on
the plan entitled "Proposed Subdivision Property of Doris
Ellen Harvey Lambert" prepared by The Spectra Group
dated 06/30/05.
2, No development for either principal structure or any
accessory structure, exc/udinf! water devendent facilities.
shall occur within the Chesapeake Bay Preservation Area
Resource Protection Area (RPA). All structures for
Proposed Lots A and B shall be placed landward of the
variable buffer (100' top of bank) depicted on the submitted
plan identified in Condition #1 above.
3. Provide a site plan for demolition of the existing residence
along with erosion and sediment control plan on how the
area will be restored.
November 22,2005
- 49-
Item V-K.3.
PLANNING ITEM # 54648
Voting: 9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, 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 Abstaining:
Vice Mayor Louis R. Jones
Council Members Absent:
Jim Reeve
Vice Mayor Louis R. Jones DISCLOSED andABSTAINED Pursuant to Conflict of Interests Act 9 2.2-3115
(E) re William Page's requestfor a Subdivision Variance (Item K.3.). Vice Mayor Jones is a member of the
Board of Directors of Resource Bank and receives more than $10,000 a annually in compensation as a
Member of the Board., Resource Bank has extended a loan to William Pagefor properties that are subject
ofhis variance request. Vice Mayor Jones wished to disclose this interest and abstain from discussion and
vote on this item, Vice Mayor Jones's letter of November 22, 2005, is hereby made a part of the record
November 22, 2005
City e>f Virgirl.ia Beach
lOUIS R. JONES
VICE MAYOR
PHONE: (757) 583-0177
FAX: (757) 588-4659
November 22, 2005
Mrs. Ruth Hodges Smith, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Dear Mrs. Smith:
Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia
Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(E), Code of Virginia, I
make the following declaration:
1. I am executing this written disclosure regarding City Council's discussion and vote
on William Page's request for a subdivision variance for properties located at 1544
West Little Neck Road and 185 feet west of Little Neck Point.
2. The nature of my personal interest is that I am a member ofthe Board of Directors of
Resource Bank and receive more than $10,000 annually in compensation for serving
on the board. Resource Bank is located at 4429 Bonney Road, Virginia Beach, VA
23462. Resource Bank has extended a loan to William Page for the properties that
are the subject of his variance request.
3. I wish to disclose this interest and abstain from voting on this matter.
Accordingly, I respectfully request that you record this declaration in the official records of
City Council.
1008 WITCH POINT TRAil, VIRGINIA BEACH, VA 23455-5645
Mrs. Ruth Hodges Smith
-2-
Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia
Thank you for your assistance in this matter.
Sincerely,
~,fl
Louis R. J 0
Vice Mayor
LRJ/RRI
November 22, 2005
- 50-
Item V-K.4.
PLANNING
ITEM # 54649
Upon motion by Councilman Diezel, seconded by Council Lady Wilson, City Council DENIED an
Ordinance upon application of BLUE HORSESHOE TATTOO ~ Ltd. for a Conditional Use Permit re
a tattoo and body piercing establishment:
ORDINANCE UPON APPLICATION OF BLUE HORSESHOE TAITOO V,
LTD. FOR A CONDITIONAL USE PERMIT FOR A TAITOO AND BODY
PIERCING ESTABLISHMENT
Ordinance upon Application of Blue Horseshoe Tattoo V, Ltd.for a Conditional
Use Permit for a tattoo and body piercing establishment on property located
at 71-125 South Witchduck Road (GPIN 14677377570000). DISTRICT 2-
KEMPSVILLE
Voting: 8-2
Council Members Voting Aye:
Harry E. Diezel, Robert M, Dyer*, Vice Mayor Louis R. Jones, Mayor Meyera
E. Oberndorf, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
Reba S. McClanan and Richard A, Maddox
Council Members Absent:
Jim Reeve
*Councilman Dyer corrected his vote from NA Y to a VERBAL AYE.
November 22,2005
- 51 -
Item V-K.5.
PLANNING
ITEM # 54650
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED an Ordinance
upon application of SPRINT COM, INC. for a Conditional Use Permit re development of a communication
tower:
ORDINANCE UPON APPLICATION OF SPRINTCOM, INC. FOR A
CONDITIONAL USE PERMIT FOR A COMMUNICATION TOWER
ROll0534134
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of SprintCom, Inc, for a Conditional Use
Permit for a communication tower on property located at 1000 North
Great Neck Road (GPIN 24081388720000). DISTRICT 5 -
LYNNHAVEN
The following conditions shall be required:
1, The tower shall be constructed substantially in adherence to the
site plans entitled "Sprint, Virginia Beach Christian Life
Center", prepared by Fullerton Engineering Consultants, Inc.,
and dated 3/22/05. This site plan has been exhibited to City
Council and is on file with the Department of Planning.
2, The tower shall be limited in height to one hundred thirty (130) feet.
3, The tower shall be constructed to accommodate equipment for
two (2) additional wireless providers as depicted on the
submitted site plans.
4. Unless a waiver is obtained from the City of Virginia Beach
Department of Communications and Information Technology
(COMIT), a radio frequency emissions study (RF Study),
conducted by a qualified engineer licensed to practice in the
Commonwealth of Virginia, showing that the intended user(s)
will not interfere with any City of Virginia Beach emergency
communications facilities, shall be provided prior to site plan
approval for the tower and all subsequent users.
5. In the event interference with any City emergency
communications facility arises from the users of this tower, the
user(s) shall take all measures reasonably necessary to correct
and eliminate the interference. If the interference cannot be
eliminated within a reasonable time, the user shall immediately
cease operation to the extent necessary to stop the interference,
6, The applicant shall submit a tree protection plan for review and
approval before any disturbance of the site.
November 22,2005
- 52-
Item V-K.5.
PLANNING
ITEM # 54650 (Continued)
7. Should the antennae cease to be used for a period of more than
one (1) year, the applicant shall remove the antennae and their
supporting tower and related equipment.
8. All conditions of the conditional use permit approved for
Virginia Beach Christian Life Center, dated 10/14/03, shall
remain in effect.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of November, Two
Thousand Five
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
November 22,2005
- 53-
Item V-K.6.
PLANNING
ITEM # 54651
Attorney David Hay, 3742 Holland Road, Suite 103, Phone: 428-8488, represented the applicant and advised
amendments to the proffers to establish the hours of operation, paving of the parking lot, and the exterior
of the building will be cleaned and the wooden sections repainted Mr. Hay advised the parking lot will be
repaved with all the potholes repaired. A new proffer #3 has been added.
Chris Silignano, Krever Holdings, Inc., applicant, advised the portion which needs to be repainted is the trim
on top of the building, and all the potholes filled, which will be done, prior to the business opening
Upon motion by Council Lady McClanan, seconded by Councilman Wood, City Council ADOPTED an
Ordinance upon application of STEVEN KREVERfor a Conditional Change of Zoning District:
ORDINANCE UPON APPLICATION OF STEVEN KREVER FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-2 TO
CONDITIONAL B-1 10051234
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Steven Krever for a Chanfle of Zoninfl
District Classification from 0-2 Office District to Conditional B-1
Neighborhood Business District on property located at 3712 South Plaza
Trail (GPIN 14875015970000). 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, The purpose of this rezoning is to allow
a delicatessen and other uses on the property, DISTRICT 3 - ROSE HALL
The following condition shall be required:
1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court.
2. All painting of buildings and parking lot surface shall be repaired before opening.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of November, Two
Thousand Five
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
November 22,2005
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6229
DATE: November 10, 2005
FROM:
Leslie L. Lilley
B. Kay WilSO~~
DEPT: City Attorney
DEPT: City Attorney
TO:
RE: Conditional Zoning Application; Steven Krever
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on November 22, 2005. I have reviewed the subject proffer agreement, dated
October 12, 2005, 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.
BKW Iks
Enclosure
cc: Kathleen Hassen
KREVER HOLDINGS, INC.
a Virginia corporation
To
CITY OF VIRGINIA BEACH
a Municipal Corporation of the
Commonwealth of Virginia
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THIS PROFFER AGREEMENT ("Agreement") made this & day of October, 2005, by and among
KREVER HOLDINGS, INC. (the "Grantor"); and THE CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia (the "Grantee").
RECITALS:
A. Grantor is the owner of a certain parcel of property located in the City of Virginia Beach being briefly
described as Parcel A, 0.58566 Acres, 3712 South Plaza Trail, and more particularly described upon Exhibit A
attached hereto and made a part hereof.
B. Grantor has initiated an amendment to the zoning map of the City of Virginia Beach by petition of
Grantor addressed to Grantee to change the zoning classification of the property to Conditional B-1
Community Business District. The proposed amendment is made pursuant to the tenns of the City Zoning
Ordinance of the City of Virginia Beach, adopted April 18, 1988, as amended and in effect on the date of this
Agreement (the "City Zoning Ordinance").
C. Grantee's policy is to provide for the orderly development of land for various purposes, including
commercial purposes, through zoning and other land development legislation.
D. Grantor acknowledges that in order to prevent incompatible land use, reasonable conditions governing
the use of the Property, in addition to the regulations generally applicable to land zoned B-1 as specified in the
City Zoning Ordinance, are required to address the project proposed in Grantor's rezoning application.
PREPARED BY: DAVID S. HAY, ATTORNEY AT LAW
GPIN NO. 1487-50-1597-0000
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E. Grantor has voluntarily proffered in writing, prior to the public hearing before Grantee, as a part of the
proposed amendment to the Zoning Map and in addition to the regulations specified in the City Zoning
Ordinance for the B-1 zoning district, reasonable conditions outlined in this Agreement related to the
development and operation of the Property. These conditions will be adopted as a part of the amendment to the
Zoning Map relative to the Property, and have a reasonable relation to the use of the Property as rezoned B-1 and
are needed as a result of the rezoning.
F. The conditions outlined in this Agreement have been proffered by Grantor and allowed and accepted
by Grantee as a part of the amendment to the City Zoning Ordinance and the Zoning Map. These conditions
shall continue in full force and effect until a subsequent amendment changes the zoning of the Property;
provided, however, that such conditions shall continue ifthe subsequent amendment is part of the
comprehensive implementation of a new or substantially revised zoning ordinance of Grantee. The conditions
outlined in this Agreement may be amended only by following the procedures and recording the documents as
outlined and required in the City Zoning Ordinance.
NOW, THEREFORE, Grantors, its heirs, successors, assigns, grantees and other successors in title or
interest to the Property, voluntarily and without any requirement by or exaction from Grantee or its governing
body and without any element or compulsion or quid pro quo for zoning, rezoning, site plan, building pennit
or subdivision approval, makes the following declaration of conditions and restrictions governing the use and
physical development and operation of the Property, and covenants and agrees that this declaration and the
further terms of this Agreement shall constitute covenants running with the Property, which shall be binding
upon the Property, and upon all persons and entities claiming under or through the Grantor, his heirs, personal
representatives, successors and assigns, grantees and other successors in interest or title to the Property;
namely:
1. The Property shall be used for business offices as permitted in the B-1 District, and less than 50% shall
be used for a restaurant without drive-through windows provided that products prepared or processed on the
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premises shall be sold only as retail. Also, there shall be no sale or serving of alcoholic beverages at the
restaurant.
2. Grantor shall install foundation landscaping as approved by the Planning Director. Grantor shall also
install street frontage landscaping as approved by the Planning Director in the existing green spaces between
the sidewalk and the parking lot along South Plaza Trail and Presidential Boulevard.
3. The parking lot will be repaved where necessary and the exterior of the building will be cleaned or
repainted where necessary.
4. The hours of operation of the restaurant will be from 10 a.m. to 9 p.m. during the week and 10 a.m. to
11 p.m. on weekends.
5. Further conditions mandated by applicable development ordinances may be required by the Grantee
during detailed site plan and/or subdivision review and administration of applicable City Codes by all
cognizant City agencies and departments to meet all applicable City Code requirements.
6.. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City
Zoning Ordinance of the City of Virginia Beach, in force as of the date of the conditional rezoning amendment
is approved by the Grantee.
7. 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 specified in this
Agreement, including (i) the ordering in writing of the remedying of any noncompliance with such conditions,
and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to
meet all conditions 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
the provisions of the City Code, the City Zoning Ordinance or this Agreement, the City shall petition the
governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall
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show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject
Property on the map and that the ordinance and conditions may be made readily available and accessible for
public inspection in the office of the Zoning Administrator and in the Planning Department and that 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 Grantee.
WITNESS the following signatures ~ A
STEVEN KREVER
President of Krever Holdings, Inc.
COMMONWEAL TII OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, ~"'4W A. #()~MIl . the undersigned, a Notary Public in
and for the City and State aforesaid, do hereby certify that Steven Krever, whose name is signed to the
foregoing instrument as president of Krever Holdings, Inc., has sworn to, subscribed, and
aclmowledged the same before me in my City and State aforesaid this /.1~ day of October, 2005. The
said Steven Krever is personally _ lmown to me; or .,/' has produced
J~ J)41,/&4S' L.~';' for identification pwposes.
My Commission E
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EXHIBIT A
LEGAL DESCRIPTION
ALL that certain lot, piece or parcel of land, with the building and improvements thereon, lying, situate
and being in the Lynnhaven Borough of the City of Virginia Beach, Virginia, designated and described as
"Parcel A, 0.58566 acres" on plat entitled "Subdivision of Property ofW. C. Lineberry Estate, M.B. 72,
Pg. 4, made by Langley and MacDonald, Engineers-Planners-Surveyors, Virginia Beach, Virginia. Scale
1" = 20', dated 8/31/79 including an easement shown on "Parcel B" and "Parcel C" on said plat extending
from South Plaza Trail to the northern boundary of "Parcels Band C", and "Ingress/Egress, Parking
Easement hereby dedicated to Parcels A and C from Parcel B", which said plat is duly of record in the
Clerk's Office of the Circuit Court of the City Virginia Beach, Virginia in Map Book 136 at page 31.
IT BEING the same property conveyed to Krever Holdings, Inc. by deed dated March 31, 2003, from Key
Associates, Inc.
~ 5 ~
- 54-
Item V-K.7.
PLANNING
ITEM # 54652
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED until the City
Council Session of December 20, 2005:
AMENDMENTS to REORDAIN and REPEAL the City Zoning Ordinance (CZO)
a. Section 221.1 re specific standards for conditional uses within
certain Air Installations Compatible Use Zones (AICUZ); and
ADD a new Article 18, JJ1800 - 1807 re discretionary
development applications and sound attenuation requirements in
buildings and structures in certain AICUZ
b. Airport Noise Attenuation and Safety Ordinance (Appendix /),
re sound attenuation requirements in certain buildings and
structures and required disclosures in residential real estate
transactions
c. Official Zoning Map by designation and incorporation of the
NAS Oceana - NALF Fentress Interfacility Traffic Area
d. Comprehensive Plan to incorporate the NAS Oceana - NALF
Fentress Interfacility Traffic Area Map
e. Comprehensive Plan, Chapters 1 (Introduction and General
Strategy), 2 (Strategic Growth), 3 (Primary Residential Areas),
5 (Princess Anne/Transition Area) and 9 (Natural Resources and
Environmental Quality Plan), Appendix of the Policy Document
and Princess Anne Corridor Plan to incorporate provisions of
AICUZ, the Hampton Roads Joint Land Use Study and AICUZ
Overlay Ordinance
November 22,2005
- 55 -
Item V-K.7.
PLANNING ITEM # 54652 (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
Vice Mayor Louis R. Jones DISCLOSED Pursuant to Section 92.2-3115 (G) re discussion and vote on the
City's response to the Base Realignment and Closure Commission's (BRAC) Final and Approved
Recommendations regarding Naval Air Station Oceana. Vice Mayor Jones owns property located in the
inter-facility traffic area and is a member of the Board of Directors of Resource Bank where he receives
more than $10,000 annually in compensation as a Member of the Board. Resource Bank has extended loans
and lines of credit to owners and developers of property located in the Accident Potential Zone Vice Mayor
Jones wished to disclose this interest and advised he was able to participate in this discussion fairly,
objectively and in the public interest. Vice Mayor Jones's letter of October 25, 2005, is hereby made a part
of the record.
November 22, 2005
City e>f Virgi:r1ia. Bea.ch
LOUIS R. JONES
COUNCII.MAN - DISTRICT 4 - SA YSIDE
PHONE:
FAX:
(757) 583-0177
(757) 426-5669
October 25,2005
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 City Council's discussion and vote
on the City's response to the Base Realignment and Closure Commission ("BRAC")
Final and Approved Recommendations regarding Naval Air Station Oceana.
2. I own property that is located in the inter-facility traffic area.
3. I also am a member of the Board of Directors of Resource Bank and receive more
than $10,000 annually in compensation for serving on the board. Resource Bank has
extended loans and lines of credit to owners and developers of property located in
Accident Potential Zone 1,
4. I am a part of two groups-property owners in the inter-facility traffic area and
financial services providers to owners and developers of property located in Accident
Potential Zone I-the members of which are affected by the City's response to the
BRAC report.
5. I am able to participate in this discussion fairly, objectively, and in the public interest.
1008 WITCH POINT TRAIL, VIRGINIA BEACH, VA 23455-5645
Mrs. Ruth Hodges Smith
-2-
October 25,2005
Re: Disclosure Pursuant to Section 2.2-3115(G), Code of Virginia
Accordingly, I respectfully request that you record this declaration in the official records of
City Council. Thank you for your assistance in this matter.
Sincerely,
~(K
Louis R. J 0
Vice Mayor
LRJ/RRI
- 56-
Item V-M.
APPOINTMENTS
ITEM # 54653
BY CONSENSUS, City Council RESCHEDULED:
BEACHES and WATERWAYS COMMISSION
BOARD OF ZONING APPEALS
CHESAPEAKE BAY PRESERVATION AREA BOARD
COMMUNITY SERVICES BOARD
GOVERNANCE COMMITTEE FOR HISTORIC SITES
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE
HISTORICAL REVIEW BOARD
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
PERSONNEL BOARD (Alternates)
PLANNING COMMISSION
RESORT ADVISORY COMMISSION (RAC)
SENIOR SERVICES OF SOUTHEASTERN VIRGINIA (SEVAMP)
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC)
WETLANDS BOARD (Alternates)
November 22,2005
- 57-
Item V-No
NEW BUSINESS
ITEM # 54654
BY CONSENSUS, the City Clerk shall record:
ABSTRACT OF VOTES - GENERAL ELECTION - November 8,2005
November 22, 2005
- 58-
ITEM # 54655
Mayor Oberndorf entertained a motion to permit City Council to conduct a second 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) (I).
To Wit: Appointments: Boards and Commissions:
Board of Zoning Appeals
Planning Commission
Evaluation of Council Appointees
PUBLIC CONTRACT: Discussion of the award of a public contract
involving the expenditure of public funds, and discussion of the terms of
scope ofsuch contract, where discussion in an open session would adversely
affect the bargaining position or negotiating strategy of the public body,
pursuant to Section 2.2-3711(A)(30)
Military Liaison
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).
BRAC
Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council voted to proceed
into CLOSED SESSION (6:37 P.M.).
Voting: 10-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Peter W
Schmidt. Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Jim Reeve
(Closed Session: 6:37 P.M. - 8:45 P.M.)
November 22, 2005
- 59-
CERTIFICATION OF
CLOSED SESSION
ITEM # 54656
Upon motion by Councilman Wood, seconded by Councilman Schmidt, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which this
certification resolution applies;
AND,
Only such public business matters as were identified in the motion convening
the Closed Session were heard, discussed or considered by Virginia Beach
City Council,
Voting: 10-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Jim Reeve
November 22,2005
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 # 54655, page 58, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3711(A) of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
G~~
Ru h Hodges Smith, MMC
City Clerk
November 22, 2005
- 60-
Item V-D.
ADJOURNMENT
ITEM # 54657
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:47 P.M.
al~____IJ__?;J!-~
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
November 22, 2005