HomeMy WebLinkAboutAPRIL 10, 2007 MINUTES
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
WIllIAM R. DeSTEPH, At-Large
HARRY E. DlEZEL, Kempsville - District 2
ROBERT M. DYER" Centerville - District I
BARBARA M. HENLEY, Princess Anne - District 7
REBA S. McCLANAN, Rose Hall - District 3
JOHN E. UHRIN, Beach - District 6
RON A. VlLLANUEV A, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
CITY MANAGER - JAMES K. SPORE
CITY AITORNEY - LESLIE L. LILLEY
CITY CLERK - RUTH HODGES SMITH, MMC
10 APRIL 2007
I.
CITY MANAGER'S BRIEFINGS
- Conference Room -
A. PATRIOTIC FESTIVAL
James Ricketts, Director - Convention and Visitors Bureau
B. TAXI OPERATIONS
Charles Meyer, Chief Operating Officer
C. SPORTSPLEX
Cindy Curtis, Director - Department of Parks and Recreation
II. CITY COUNCIL COMMENTS
III. REVIEW OF AGENDA
IV.
CITY COUNCIL WORKSHOP
- Conference Room -
A. RESOURCE MANAGEMENT PLAN
(FY 2007-2008 Operating and Capital Budget)
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 385-4303
FAX (757) 385-5669
E- MAlL: Ctycncl@vbgov.com
1:00 PM
3:00 PM
J. ORDINANCES
1. Ordinance to AMEND S 21-407 of the City Code re charges for towing and storage of
vehicles.
2. Ordinance re the ACCEPTANCE of a Deed conveying title to the Lynnhaven House at
Wishart Road from the Association for the Preservation of Virginia Antiquities (APV A)
to the City of Virginia Beach.
3. Ordinance to AUTHORIZE the City Manager to EXECUTE an Installment Purchase
Agreement with James T. Morris, Margaret Morris Creech, Nelson E. Morris and
Patricia Morris Trowbridge re an Agricultural Land Preservation Easement (ARP) at
1877 Pleasant Ridge Road.
DISTRICT 7 - PRINCESS ANNE
4. Ordinance to AUTHORIZE the City Manager to execute a Dredged Material Disposal
Area Use Agreement between the City and civic and/or neighborhood associations re
residents disposing of dredged material in the City-owned Whitehurst Borrow Pit
Disposal Area.
5. Ordinance to AUTHORIZE a temporary encroachment into portions of City property,
known as Treasure Cove/Canal for JEFFREY J. and DEBORA L. BERGER at 2405
Spindrift Road, re removal of an existing marginal wharf, maintain an existing bulkhead,
construct and maintain a pier and two (2) boatlifts.
DISTRICT 5 - L YNNHA VEN
6. Ordinance to REQUEST the Virginia Department of Transportation (VDOT) establish a
project under the Congestion Mitigation and Air Quality Program to establish traffic
signal retiming; ACCEPT grants in the amount of$I,756,091; and, APPROPRIATE
$555,791 in FY 2006-07 for the infrastructure improvement with the City's appropriate
share of cost.
7. Ordinance to TRANSFER $167,974 from the Department of Human Services;
APPROPRIATE $53,732 in fund balance from the DEA Seized Property Fund to the FY
2006-07 Police Department operating budget re purchase of a generator to provide
emergency power to the Recovery Center and the Law Enforcement Training
Academy.
K. PLANNING
1. Application of KINGS GRANT CITGO for a Modification of Conditions for a Conditional
Use Permit (approved by City Council on April 24, 1989) at 428 North Lynnhaven Road to
add two (2) drive-through service bays.
DISTRICT 5 - L YNNHA VEN
RECOMMENDATION
APPRO V AL
V.
INFORMAL SESSION
- Conference Room -
5:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Reverend Donald R. Staton
Police Chaplain
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
April 3, 2007
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARING
1. INSTALLMENT PURCHASE AGREEMENT for acquisition of
Agricultural Land Preservation (ARP) Easement - 1877 Pleasant Ridge Road
I. CONSENT AGENDA
2. Application of AVALON CHURCH OF CHRIST for Modification of Conditions for a
Conditional Use Permit (approved on August 22, 1995) at 844 Woodstock Road re
additional on-site parking and a modular structure to be used for Sunday School classes.
DISTRICT 2 - KEMPSVILLE
RECOMMENDA nON
APPROV AL
3. Application of ROBERT and BERNICE DUMAS for the exvansion of a Nonconforming
Use to enlarge their home at 2318 Calvert Street.
DISTRICT 5 - L YNNHA VEN
RECOMMENDATION
APPROV AL
4. Application of ZION CITY OF DELIVERANCE OUTREACH for a Conditional Use
Permit re a church at 5405 Indian River Road.
DISTRICT 1 - CENTERVILLE
RECOMMENDA nON
APPROV AL
5. Application of CALVARY CHAPEL OF VIRGINIA BEACH for a Conditional Use
Permit re a church at 5228 Indian River Road.
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROV AL
6. Application of WARDS CORNER BEAUTY ACADEMY, INC. for a Conditional Use
Permit re a beauty school at 544 Newtown Road.
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROV AL
7. Application of BA YSIDE CHURCH OF CHRIST for a Conditional Use Permit re a
church at 5025 Shell Road.
DISTRICT 4 - BA YSIDE
RECOMMENDATION
APPROV AL
8. Application of the CITY OF VIRGINIA BEACH for a Conditional Use Permit re filling
a borrow pit at Oceana Boulevard and Credle Road.
DISTRICT 6 - BEACH
RECOMMENDATION
APPROV AL
L. APPOINTMENT
HEALTH SERVICES ADVISORY BOARD
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
CITYWIDE TOWN MEETINGS
June 19
September 18
November 20
Location To Be Announced -7:15 pm
Location To Be Announced -7:15 pm
Location To Be Announced -7:15 pm
CITY COUNCIL BIENNIAL RESOURCE MANAGEMENT WORKSHOP SCHEDULE
April 17 (Workshop)
April 19 (Public Hearing)
April 24 (Workshop)
April 24 (Public Hearing)
May 1 (Workshop)
May 8 (Reconciliation Workshop)
May 15 (Adoption)
Council Conference Room
Bayside High School at 6:00 p.m.
Council Conference Room
Council Chamber at 6:00 p.m.
Council Conference Room
Council Conference Room
Council Chamber at 6:00 p.m.
*********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
Hearing impaired, call: Virginia Relay Center at
1-800-828-1120
* * * * * * * * * * *
Agenda 04/1O/2007gw
www.vbgov.com
- 1 -
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
10 April 2007
Mayor Meyera E Oberndorfcalled to order the City Manager's Briefing re PATRIOTIC FESTIVAL in
the City Council Conference Room, City Hall, on Tuesday, April 10, 2007, at 1:00 P,M
Council Members Present:
Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor
Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf
John E. Uhrin, Ron A, Villanueva Rosemary Wilson and James 1.
Wood
Council Members Absent:
William R, "Bill" DeSteph
[Out of Country - Family Vacation)
April 10, 2007
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C IT Y MANA G E R 'S B R IE FIN G
PATRIOTIC FESTIVAL
1:00 P.M.
ITEM # 56272
James Ricketts, Director - Convention and Visitor Development advised, on June 1, 2004, City Council
ADOPTED:
Ordinance to APPROPRIATE $600,000 and TRANSFER $380,000 re
THE first annual "Patriotic Salute and Celebration" on Memorial Day
Weekend 2005; and, A UTHOR/ZD the City Manager to execute the
Memorandum of Understanding (MOU) with THE USO of Hampton
Roads, Inc.
The Revenue generated from the event would be returned to the City. Costs for the first year event were
$360,000, and last year $302,000. This year $600,000 is APPROPRIATED; however, one of the changes
entailed the event being free and open to the public, The USO would take on the entire "risk" of the
event. In return, a $200,000 grant was requested. Because of the cost of the Patriotic Festival and the
"upfront" expenses involved, the USO will be loaned $50,000, which will be repaidfrom the Concessions
directly back to the City. Mr. Ricketts feels comfortable with this "loan" unless the Festival is completely
wiped out by weather. Mr. Ricketts advised the Festival has been moved from the Memorial Day
Weekend to the first weekend in June (June 1-3, 2007), This move will probably generate additional
room nights.
Jeff Hill- Vice President, Operations, USO - World, advised the overall mission is to enhance the quality
of life for the Military and their families. The secondary Mission is to support cooperative relationships
between the City and the Military families. Utilizing Virginia Beach's model, two (2) Patriotic Festivals
have been conducted in Hawaii and one in Texas. The Patriotic Festival celebrates the Military at the
Virginia Beach Oceanfront for three (3) days of national recording artists, exciting live military
demonstrations and displays. The performers are recruited. Mr. Hill expressed appreciation for the
City's ongoing support. The tri-fold was distributed. The event has also been marketed heavily through
the USO Channels.
John Thompson, USO- Hampton Roads, advised many ads appear in the military newspaper, and an ad
on Cox Communications' Channel 11 ran for a month, describing the Patriotic Festival. Mr, Thompson
extended appreciation for the City's generous support over the past three (3) years. The Patriotic
Festival celebrates the Military at the Virginia Beach Oceanfront with military demonstrations and
displays from all branches of the service. A new partnership has been formed with Disney, A kid's area
"Disney on Sand" at ffh Street and the Oceanfront will be established. This area will feature Moonwalk
Bouncers, kids games, Disc Jockey set, a giant slide, face painting (Saturday and Sunday Noon 'till 5:00
P,M)
Ira Agricola, Executive Director - Virginia Beach Hampton Roads Chamber of Commerce, thanked the
Mayor City Council, the City Manager and Jim Ricketts for having faith last year during the budget
process, Over $400,000 has been raised from the private sector (sixteen (16) different entities).
Additionally, approximately $200,000" in kind support" (primarily from the media supporters) has been
raised. The Patriotic Festival is an excellent example of a private/public partnership that works, The
Event sends a strong message Virginia Beach cares and honors our military families. Mr, Agricola
recognized Bill Douthat, President - Whisper Entertainment Concerts, Inc., who markets and books all
the entertainment.
April 1 0, 2007
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C IT Y MANA G E R 'S B R IE FIN G
PATRIOTIC FESTIVAL
ITEM # 56272 (Continued)
Mr, Agricola advised the alcohol sales are only during the concert periods and confined to a restricted
area on the Beach. The Virginia Beach Hotel/Motel Association has endorsed the Patriotic Festival and
are pleased the event has moved from Memorial Day to a non-holiday weekend The Police Department
is part of the Steering Committee. This is a very "low risk" festival for the individuals attracted to the
Oceanfront,
Mr. Ricketts advised the alcohol sales will "cut off" around 10:00 or 11:00 P,M
Friday, June 1, 2007: 5th Street Stage -listen to 101.3 2WD,
National Anthem by the Army 7:00 P.M.
Navy Band/Four Star Edition: 7:00 P.M.
Huey Lewis and The News: 8:30 P.M.
Saturday, June 2, 2007 - 5th Street Stage -listen to 94.9 The Point
National Anthem by the Air Force with fly over: 7:00 P.M.
Butter: 7:00 P.M.
Better than Ezra: 8:00 P.M.
Sugar Ray: 9:30 P.M.
Sunday, June 3, 2007 - 5th Street Stage -listen to 97.3 Eagle
National Anthem by the Navy with fly over: 7:00 P.M.
Jason Michael Carroll: 7:00 P.M.
Gretchen Wilson: 8:30 P.M.
Mayor Oberndorf advised this Patriotic Festival is about the people who are being asked to serve and
support the families who are keeping the "home fires" burning,
April 10, 2007
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C IT Y MANA G E R 'S B R IE FIN G
TAXI OPERATIONS
1:24 P.M.
ITEM # 56273
Charles Meyer, Chief Operating Officer, introduced the City Staff involved re taxi cab rate, regulation
and enforcement issues:
Matt Bosse - Management Services.
Jim D. Price, Police Officer - Special Operations
Kathy D. Rountree, Associate City Attorney
Mr. Myers cited the Goals and Issues:
Goals:
1) Maximizing the availability of taxi service for residents and visitors.
2) Continue to allow the free market to determine taxi levels without more government
regulation
Issues to review:
1) Public Agency Contracts
2) Regulation of Taxi Cabs
The City wishes to continue to let the free market regulate taxi cabs as opposed to adding more
government regulation.
City Cuoncil ADOPTED on June 27, 2006:
Ordinance to AMEND the City Code 936-96 re taxicabs operated
pursuant to "public agency" contracts (PAC)
This Ordinance would allow out-of-town taxi companies to carry public agency contracts in an electronic
format, as opposed to a hard copy of the contract, During that City Council Session, several taxi drivers
raised concerns with the current taxi ordinances and the way in which public agency contracts are dealt,
Since that time, Yellow Cab of Virginia Beach has been meeting with City staff and requesting several
Code changes re both public agency contracts and some general regulations of taxis,
Matt Bosse, Management Services, advised the taxi business in Hampton Roads generally operates under
the arrangement that a taxi licensed in one City can pick up passengers in their home City and drop those
passenger off anywhere. The restriction is that the taxi cab cannot pick up a passenger in another City,
However, the Virginia Beach City Code, allows for any out-of-town cab, operating with a public agency
contract, to pick up a passenger in Virginia Beach and drop them off at their destination in Virginia
Beach or another City. This has been a source of contention with the taxi industry in Virginia Beach.
April 10, 2007
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C IT Y MANA G E R 'S B R IE FIN G
TAXI OPERATIONS
ITEM # 56273 (Continued)
Public Agency Contracts
. Allows any out-oJ-town cab company to pick up a passenger in Virginia Beach at a location
where they have a contract
. Current City Code does not define what is a ''public agency"
. Virginia Beach taxi companies support eliminating this provision
. Staff recommends creating reciprocity agreement in City Code
Public Agency contracts are not defined by City Code and staff examined several of them, Contracts were
found to be with auto body shop, restaurants and hotels, While the staff has reviewed some cases where
public agency contracts are for appropriate purposes (hospitals), the term "public agency" has been
stretched. The primary complaint from the taxi companies is that Norfolk companies are receiving all
these public agency contracts. Virginia Beach companies do not have a chance to compete for similar
contracts in Norfolk.
The representatives met with City Stafffrom Norfolk and discussed the possibility of reciprocity, allowing
cabs to both drop off and pick up passengers in either City. Virginia Beach companies were in support of
pursuing reciprocity but there was not a strong interest from Norfolk in pursuing this option. As a result.
staff recommends eliminating the public agency contract language that exists in the City Code and grant
reciprocity for anv other locality that allows reciprocity, Norfolk (or any other city) will have to enact
similar legislation for reciprocity to be granted but this would already grant reciprocity with Newport
News, Suffolk and Portsmouth who have similar provisions in their City Code.
This will have some ramifications, Probably the largest user of public agency contracts is a private
company called Logisticare, This company coordinates non-emergency transportation for Medicaid
patients. Logisticare currently has about fifty (50) passengers per day that are picked up in Virginia
Beach. By eliminating the public agency contract, this will force Logisticare to contract with Virginia
Beach taxi companies to handle these Virginia Beach runs. In discussions with the Virginia Beach
companies, they are confident that they can handle this increased demand.
In addition to the public agency contracts, Yellow Cab of Virginia Beach has asked for two (2) other
amendments to the City Code with stricter enforcement of current regulation. The first change that
Yellow Cab would like to see is an immediate limit to the number of taxi cabs allowed to operate in
Virginia Beach. Yellow Cab is concerned that if City Council removes the Public Agency contract
language, then companies that currently hold public agency contracts will set-up new companies in
Virginia Beach. Staff does not recommend changing the City Code for this request since Norfolk
companies currently have that ability.
The second change is that any application to operate an additional cab must come before City Council
for a public hearing, The reason for this is to determine whether the City should allow more cabs to
operate. Currently, we investigate for safety and compliance, but not need. City staff is also not
recommending this change in the City Code, As mentioned earlier, the free market regulates entry into
the cab market in Virginia Beach. If someone wants to operate a new cab, they must pass some safety
regulations and are then approved to operate. This is not the case in Norfolk where there is a set limit of
250 cabs allowed to operate in their City. For any new taxi to operate in Norfolk, it must either have a
medallion designating it as one of these 250 cabs, or it must come before a public hearing with the City
Council approving more cabs.
April 10, 2007
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C IT Y MANA G E R 'S B R IE FIN G
TAXI OPERATIONS
ITEM # 56273 (Continued)
Finally, Yellow cab is asking for greater enforcement of current ordinances such as out-of town cabs
picking up illegally in Virginia Beach and ensuring that all cab companies are picking up every call that
they receive. In particular, Yellow Cab feels there are some companies that are ignoring short runs while
waiting for longer runs (which result in greater profit). Staff has discussed this issue with Yellow Cab
and we think we have come up with a way to monitor their claims, Yellow Cab is distributing a card to
their passengers which asks them to call Officer Price if they have been denied service by a company,
Regulation - Taxi Companies Position
. Limiting the number of cabs allowed to operate in Virginia Beach
. Any application for a new taxi licenses are presented in a hearing before City Council*
. Ensuring that all short runs are being picked up
*Norfolk conducts their applications in this manner.
Staff Recommendations
. Eliminate Language regarding Public Agency Contracts
. Insert Language in City Code that allows for equal reciprocity with any other City that will
grant reciprocity (Suffolk, Newport News, Portsmouth)
. Continue with current level of enforcement and reviewing rates
City staff's intent is to inform the issues and receive City Council's feedback on their recommendations,
Staff will be happy to answer any questions. It is expected, City Council will be hearing from the taxi
industry and Logisticare on this issue between now and the April 24th meeting.
A Public Hearing shall be scheduledfor a City Council Session with the Ordinance re Taxi Operations,
April 10, 2007
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C IT Y MANA G E R 'S B R IE FIN G
SPORTSPLEX
1:57 P.M.
ITEM # 56274
Cindy Curtis, Director - Parks and Recreation, provided background information concerning the
Sportsplex (Harold Heischober Field) and advised City Council approved the funding on May 27,
1997, for a Multi-Purpose Sports Stadium
Background
· 1997- City Council approvesfunding
· July 1998 - Facility opens; long-term lease to Mariners (Franchise Holders: Messrs Garcia
and Johnson) via the Virginia Beach Development Authority
· 2001 - Mariners ownership change; thus Mariner's Franchise -- Convention and Visitor
Bureau takes over facility management
· May 2002 - Ownership change (Field)
January 2003 - Facility management reassigned to Parks and Recreation
· June 2005 - Ownership change (Jerry McDonnell)
· November 2006 - Ownership change (Jerry McDonnell assumes partner)
· March 2007 - Ownership dispute-- Mariners' franchise terminated by United Soccer League
(USL)
Utilization Data
Year # Mariners Events Total # of Events Revenue
2002 15 28 $67,671
2003 20 30 $79,046
2004 20 37 $49,861
2005 20 49 $127,033
2006 27 49 $100,933
April 10, 2007
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C IT Y MANA G E R 'S B R IE FIN G
SPORTSPLEX
ITEM # 56274 (Continued)
2007 - What Happened
· March 15 - Payroll not met by Mariners' ownership; explained as administrative error
· March 20 - Email sent to Mariners' staff advising that ownership is not finalized but in active
negotiation
March 29 - Official notificationfrom United Soccer Leagues (USL) that Mariners' franchise
has been terminated and the team removedfrom the 2007 season schedule
Twenty-six (26) event dates have been lost ($60,000 in rent, $5,000 in concessions, $12,000 reimbursable
expenses/ event costs). Events had to be backfilled.
Short Term Plan for 2007
Confirmed Events for 2007: Contact previously interested parties for
additional event rentals:
- AA Mens Soccer - College lacrosse
- CAA Womens Soccer - Marching band competition
- Virginia Rush Soccer Camps - High school and middle school
- AA U National Cross-Country soccer
Championships - High school and middle school
football
- Semi-pro football
- USL amateur soccer
Long-Term Options
· Gain primary soccer tenant for 2008
· Investigate options for new primary tenant for 2008
· Evaluate Return on Investment (ROI) with installation of artificial turf
· Focus on community event venue (Virginia Beach City Public Schools, special events; others
as feasible)
Mr, McDonnell advised the Staff two (2) individuals from New Jersey have expressed interest. The
facility is solid and very well regarded at the professional level in terms of design, construction and
alignment. In recent seasons, tickets to the Mariners have been given away to youth soccer teams. The
children loved this team and it is a sad day for children's soccer, because they valued this team, Several
youth leagues are scurrying to find coaches because their coaches no longer have full time jobs as
Mariners
Councilman Villanueva suggested partnering with the school system as City Council's original vision of
the Sportsplex is a community asset.
Council Lady Henley believes this facility would be the Landstown High School stadium, thus saving
funds as the High School would not require a separate stadium. Council Lady Wilson advised this facility
could be utilized for School special regional events,
April] 0, 2007
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C IT Y MANA G E R 'S B R IE FIN G
SPORTSPLEX
ITEM # 56274 (Continued)
Ms, Curtis's advised Schools would welcome the opportunity to discuss a new methodology for
utilization.
Councilman Uhrin concurred but would hate to discourage shutting down other options; there may be
another major operator with a formula that would make this facility successful. Councilman Uhrin
suggested meeting with representatives of the Convention and Visitors Bureau re booking this facility,
The Virginia Beach School system is also a great resource,
Ms. Curtis advised Council Lady Henley the operation cost $400,000 to $425,000, and there is an
operating loss of $300,000 to $325,000 a year (since Parks and Recreation has assumed control).
There are three (3) full time staff dedicated to this facility,
Vice Mayor Jones referenced when he was young, there was only one Stadium in Norfolk (Forum Field),
which was used every Friday and Saturday night for local high school games. Vice Mayor Jones
suggested utilizing the Sportsplex for the type of sport individuals wish to patronize and perhaps the City
does not need to build a stadium at every high school, but better utilize this asset (Sportspex).
Mayor Oberndorf advised this concept, the Sportsplex, was proposed with the understanding it would be
a major opportunity for all the high schools, especially the new ones under construction i,e, Tallwood.
However, in Virginia, the School Board can make their own individual decisions,
Ms. Curtis summarized City Council's direction, to provide time for staff to meet with potential
stakeholders (local and outside the city), determines variety of options and bring them forward to City
Council,
Mayor Oberndorf further advised an option which might offset the expenditures of maintaining this
facility.
Ms, Curtis advised concerning utilization by Schools, the opportunity to increase revenue exists in the
food and beverage side, If controlled locally, the City would receive 100% of the net sold. Under the
lease with the Mariners, only a percentage of these proceeds was received. The capacity of the
Sportsplex is six thousand (6,000). Landstown High School Stadium capacity is approximately 2,800,
The United States Girl's Field Hockey Team facility is located next door to this facility on two (2) turf
fields that are considered one of the top three (3) pairs in the World re the quality of the facility.
Ms. Curtis advised the Official Grand Opening of the Princess Anne Athletic Complex will be June 1,
2007, at 2:00 P,M,
Ms. Curtis advised there are fees associated with the utilization of the facility (Princess Anne Athletic
Complex)
April] 0, 2007
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CITY COUNCIL COMMENTS
2:26 P.M.
ITEM # 56275
Councilman Villanueva referenced the City's hiring policy, An individual in the City's employment was
not screened properly, was a convicted murder, and part of a large drug ring. Councilman Villanueva
recommended a change in policy,
The City Manager advised this individual was hired approximately fourteen (14) years ago and the City
could not legally perform the background check. In 2003, this authority was given to the City.
Councilman Villanueva advised the staff responded to the press inquiry re people needing "second
chances ", which he did not believe to be an appropriate response,
Council Lady McClanan expressed concern re the City's employment application and she believes the
City Council should review same. Council Lady McClanan believes the decisions made concerning policy
should result in the hiring of the most capable and dedicated employees with preferable backgrounds.
Council Lady McClanan realizes on some levels of employment, individuals might be hired who have
made a mistake and the City is giving them a second chance. At the present time, the City requires a
background check. Copies of the City's employment application shall be provided to City Council,
ITEM # 56276
Councilman Villanueva refereced the bar establishments in the 2100 block of the Oceanfront who have
been in court cases for the past several months concerning under age drinking. In several particular
cases, these individuals (9 minors) were charged; although they broke the law. Their sentences were
exonerated if the underage drinkers testified against the establishments. In one particular case, the bar
owner reported the underage drinker and the owner is now being charged.
Councilman Diezel advised underage drinking needs to be addressed in terms of the establishment,
whether a Farm Fresh or a Bar. Councilman Diezel referenced response to an unidentified problem.
which has not been solved is not selective enforcement, such as crowd control,
The City Manager shall provide a report to City Council concerning this last incident, A Task Force
reviews the bar establishments and there is a higher frequency of inspections of those establishments with
the most violations.
Council Lady McClanan advised several years ago, the City Council used to receive fairly frequent
reports (every month during the Summer Season) re the police incidents at the Oceanfront, Council Lady
Henley referenced reports received previously re accidents involving alcohol. Council Lady Henley
requested both these reports again be generated. When there is a traffic fatality, Council Lady Henley
wished a report be presented concerning the cause of this fatality.
Councilman Wood advised, as a Police Officer in the 1980 's, he walked a "beat" in front of the entire
2100 Block of the Oceanfront, Although, under different management, the same issues existed of young
people and alcohol. Councilman Wood did not believe this current action was a Vendetta,
The City Attorney advised the law passed by the General Assembly basically states if the Chief of Police
determines any establishment in the City is a threat to the public health, safety and welfare, he shall
complete an affidavit, attaching the policed incidences to this affidavit. The Local Commonwealth
Attorney or Chief Executive Office can submit this affidavit to the Court, enjoining operation of the
facility for the sale of alcoholic beverages at that establishment until such time as the Alcoholic Beverage
Control Board has had the opportunity to react,
April 10, 2007
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CITY COUNCIL COMMENTS
ITEM # 56277
Mayor Oberndorf referenced supporting Mothers Against Drunk Driving over the years and hearing
their anxiety over the loss of a child or family member, The issue of DUI needs to be examined in totality
(court, sentencing and reasons). Mayor Oberndorf referenced the latest incident, the two young girls
killed by an illegal immigrant under the influence of alcohol. Mayor Oberndorf was directly accused by
Fox News Reporter Bill 0 'Reilly.
The City Manager referenced the type of report which City Cuoncil desires. An Annual Police Oceanfront
Activity Arrest Report is given but can be provided monthly or quarterly. Any accident involving a fatality
is thoroughly analyzed by the Police Department and this information is then given to the Traffic Division
of Public Works to determine things which could be done to improve intersection safety in terms of
roadway signage and lighting, The Virginia Beach Police Department has the most aggressive DUI
enforcement program, by far, in the Commonwealth of Virginia,
Councilman Villanueva advised this exercise would be beneficial in determining what Federal and State
budget cuts have affected the City of Virginia Beach.
Cuoncil Lady Wilson believes this is an opportunity to work with the other levels of Government to
attempt proper solutions. In the meantime, she wished to do what we can do, Council Lady Wilson
believes Manassas had a Memorandum of Agreement concerning immigration which the City Council
should review, The City Manager and City Attorney shall review the activities of other communities and
legal options of the City re illegal immigration.,
Mayor Oberndorf has spoken with Congresswoman Thelma Drake and Senator Ken Stollle re interest in
possible proposal concerning this situation, The Federal and State governments need to fund the
facilities in order for people at risk not to remain in the general population.
ITEM # 56278
Council Lady Henley referenced correspondence of Delegate Leo C. Wardrup, dated April 2, 2007,
contained in the City Council Agenda Package of April 6, 2007. The last line stated: "In the absence of
such legislation (House Bill 3157), I think we are opening the door to major ballot-length problems in
November elections which include non-partisan candidates for municipal offices. "
Council Lady Henley believes Delegate Wardrup was suggesting this HB 3157 which passed the House,
but not the Senate this past year, was in non partisan selections, Independent Candidates would have to
have a greater number of signatures to be on the ballot and pay a filing fee, Council Lady Henley
requested additional information concerning this proposal.
ITEM # 56279
Council Members Henley and Villanueva suggested an entire day be devoted to discussion of the
RESOURCE MANAGEMENT PLAN - (FY 2007-2008 OPERATING AND CAPITAL BUDGET).
BY CONSENSUS, the City Council Workshop of April 17, 2007, shall commence at 9:00
A.M. and encompass the VIRGINIA BEACH CITY PUBLIC SCHOOLS (FY 2007-2008
OPERATING AND CAPITAL BUDGET)
April 10, 2007
- 12 -
AGE N DA REV I E W S E S ION
3:26 P.M
ITEM # 56280
BY CONSENSUS, the following shall compose the CONSENT AGENDA:
J. ORDNANCES
1. Ordinance to AMEND ~ 21-407 of the City Code re charges for
towing and storage of vehicles.
2. Ordinance re the ACCEPTANCE of a Deed conveying title to the Lynnhaven
House at Wishart Roadfrom the Associationfor the Preservation of Virginia
Antiquities (APVA) to the City of Virginia Beach.
3, Ordinance to A UTHORIZE the City Manager to EXECUTE an Installment
Purchase Agreement with James T. Morris, Margaret Morris Creech,
Nelson E. Morris and Patricia Morris Trowbridge re an Agricultural Land
Preservation Easement (ARP) at 1877 Pleasant Ridge Road.
DISTRICT 7 - PRINCESS ANNE
4. Ordinance to AUTHORIZE the City Manager to execute a Dredged
Material Disposal Area Use Agreement between the City and civic
and/or neighborhood associations re residents disposing of dredged
material in the City-owned Whitehurst Borrow Pit Disposal Area,
5, Ordinance to AUTHORIZE a temporary encroachment into portions of
City property, known as Treasure Cove/Canalfor JEFFREY J. and
DEBORA L. BERGER at 2405 Spindrift Road, re removal of an existing
marginal wharf maintain an existing bulkhead, construct and maintain a
pier and two (2) boatlifts.
DISTRICT 5 - LYNNHA VEN
6, Ordinance to REQUEST the Virginia Department of Transportation
(VDOT) establish a project under the Congestion Mitigation and Air Quality
Program to establish traffic signal retiming; ACCEPT grants in the amount
of$1, 756,091; and, APPROPRIATE $555, 791 in FY 2006-07 for the
irifrastructure improvement with the City's appropriate share of cost,
7. Ordinance to TRANSFER $167,974 from the Department of Human
Services; APPROPRIATE $53,732 infund balance from the DEA Seized
Property Fund to the FY 2006-07 Police Department operating budget re
purchase of a generator to provide emergency power to the Recovery Center
and the Law Enforcement Training Academy,
Council Members Diezel and McClanan shall vote a VERBAL NA Y on Item J 3. (MORRIS ARP)
April 1 0, 2007
- 13 -
AGE N DA REV IE W S E S ION
ITEM # 56281
K. PLANNING
1. Application of KINGS GRANT CITGO for a Modification of Conditions for a
Conditional Use Permit (approved by City Council on April 24, 1989) at 428 North
Lynnhaven Road to add two (2) drive-through service bays.
DISTRICT 5 - LYNNHA VEN
2. Application of A VALON CHURCH OF CHRIST for Modification of Conditions for
Conditional Use Permit (approved on August 22, 1995) at 844 Woodstock Road re
additional on-site parking and a modular structure to be used for Sunday School
classes.
DISTRICT 2 - KEMPSVILLE
3. Application of ROBERT and BERNICE DUMAS for the expansion of a Nonconforming
Use to enlarge their home at 2318 Calvert Street,
DISTRICT 5 - LYNNHA VEN
4, Application of ZION CITY OF DELIVERANCE OUTREACH for a Conditional Use
Permit re a church at 5405 Indian River Road.
DISTRICT 1 - CENTERVILLE
5. Application of CALVARY CHAPEL OF VIRGINIA BEACH for a Conditional Use
Permit re a church at 5228 Indian River Road.
DISTRICT 2 - KEMPSVILLE
6. Application of WARDS CORNER BEAUTY ACADEMY, INC. for a Conditional Use
Permit re a beauty school at 544 Newtown Road.
DISTRICT 2 - KEMPSVILLE
7. Application of BAYSIDE CHURCH OF CHRIST for a Conditional Use Permit re a
church at 5025 Shell Road.
DISTRICT 4 - BAYSIDE
8, Application of the CITY OF VIRGINIA BEACHfor a Conditional Use Permit refilling
a borrow pit at Oceana Boulevard and Credle Road.
DISTRICT 6 - BEACH
Item K.l. (KINGS GRANT CITGO) will be DEFERRED INDEFINITELY, BY CONSENT
Council Lady McClanan will vote a VERBAL NAY on Item J.4. (ZION CITY OF DELIVERANCE
OUTREACH)
BREAK: 3:45 P.M. TO 4:00 P.M.
April 1 0, 2007
- 14 -
CITY COUNCIL WORKSHOP
RESOURCE MANAGEMENT PLAN
(FY 2007-2008 Operating and Capital Budget)
4:00 P.M.
ITEM # 56282
Catheryn Whitesell, Director - Management Services, referenced an Ordinance Correction - Personal
Property.
Ordinance Correction - Personal Property
Sec. 6. Amount of Levy on Privately Own..d Camping Traile..... Privately Owned T,avel
Trail....... and Moto, Homes Used for Rec......tlonal Purpose. Only. and Privately Owned
Hot'ee Traile,s.
In accordance with SecllOnll 58.1-3506 (A) (16) and (A) (Z6)oflhe COO.. ofV.rglnla, t""re shall
be Ie\led and collected lot gen....al purpoees f<< the calenda, year Z008 ta,," at the ",te of Ol">e
dollar tIDd !llty c""""' ($150) on each 0..... hund,ed dollano (S100) of el$lle1>sed va,uMIOfl the,eof on
t"" follOwing property: (a} aff privatety owned camping 1.....'hm; IIDd motor """'es as de1l.....d in
Section 46,2-100 oft"" Code of Vlrgmia tIDd pnvalely owned t,avell,a,l..,.". as defined In Code of
Virvll'\"'!i 46.2-1900, Ihat Ne .....ed f<< ,ecreational purposea orIiy, and (1)) privately owned traif..,..
as del'lned In ~ 46 2-100 of I"" Code of Virginia that ar" designed and us..d for the t,ansPOrtallOfl
of horses, except those trailers cteecnbed in aubdi....slon (A) (11 \ of ~ 58.1-3>505 of lhe Code of
'./lrvinia
Sec. 1. Amounl of Levy on One Motor Vehicle Owned and Regularly U_d by a Di_bled
Veteran.
In accordance with SeehonSS.1-3SOG (A) (11) of I"" Cooe of VI'9'nla, t""re shall be' a reduced
lax, le\led and collecled for ge.....ral plJfpos.... lor the caie.>Cia, year 2006 81 the rate of one dollar
W.Q.lU...." ftAy ;.~1. lit lOOt on each one hundred dollano IS 100) of all.s.a$$ed valuatIOn, on 0""
(1) motor vehicle owned IIDd regularly used by avelll1'an who has either !O<lt, Of lo$l the ulle of.
one or both legs. or an ann or a hand, or who ill bli,,,d, or whO 1$ permanently and I~ally <ltllabled
as certified by t"" Departmem of Vet....ans. Affaire Any mot<< vehicles in add,bon to the one (1)
so laxed shail not qualiff for the t...xation at the rate eslabllshed he,ein and shall be lllJ<ed at I""
rate 0' rates applIcable to that cIa.. of propertY, To qualify. the veteran sholl prOVide a written
statement to the Comm'..sioner of I"" Revenue "om the Department of Veler_' Altai,.. that t""
vete,an ha& been $0 de"lgnated or cl......".,d by the Departmenl of Velerans' Affair\!) .... to meet
t"" reQu,rements of Seelion 58. 58.1-3500 (Ai (17), and that h's or her d,sabllity 's .........ce
connected.
Workshops Options
Currently only three (3 topics are scheduled
April 17, 2007 - All Day Budget Workshop (9:00 A.M.) - School's Budget! CIP -
To Be Determined
April 24, 2007 - To Be Determined
May 1, 2007 Facilities - To Be Determined
May 8, 2007 - Reconciliation
Councilman Diezel requested the Virginia Beach School Board describe during the April Seventeenth
Workshop, what a 560-MILLION loss in predicted revenue would mean. Councilman Diezel also
requested information concerning a 553-MILLON loss in predicted revenue to the City (both short and
long term),
Councilman Wood requested the information concerning the relative increase in budgets on the Local,
State and Federal level be provided. Information re specific Public Safety Salary impacts will also be
provided.
Council Lady Henley also requested updated compilation of services or funding the City has assumed to
supplement the inadequacy of State funding. The list of Unfunded Mandates will be provided.
Information concerning the impact on the TIFs (Tax Increment Financing) relative lowering of the real
estate tax rate. A chart depicting the City's current dedicated revenue streams (amount offunding) and a
similar chart illustrating the City's charitable or discretionary contributions shall be provided. A short
list of all committed projects in design shall also be provided.
April 1 0, 2007
- 15 -
CITY COUNCIL WORKSHOP
RESOURCE MANAGEMENT PLAN
(FY 2007-2008 Operating and Capital Budget)
TRANSPORTATION NEEDS AND FUNDING
ITEM # 56283
Charles Meyer. Chief Operating Officer, advised due to a limit amount of time, during the City Council's
August Retreat the main goal reiterated was "Improve Transportation System" concerning Public
Input, City staff has met with a Consulting firm and worked towards developing a survey. Mr. Meyer
distributed information entitled "General Topics - City of Virginia Beach - Public Works Budget
Survey", which is hereby made a part of the record It was determined that input from the City Council
was the first priority prior to this survey. If the City Council does wish this information from a formal
community survey, prior to ADOPTION of the BIENNIAL RESOURCE MANA GEMENT Plan on May
15, 2007, there is not sufficient time to conduct this survey. This information can be obtained on a
different time schedule, if City Council does not desire it prior to ADOPTION of the Biennial Operating
and Capital Budget. Mr. Meyer advised the survey would entail a cost of approximately $10,000. The
survey will be conducted in a more compatible time frame,
Council Members Henley and Villanueva would prefer a REFERENDUM Council Lady Wilson
suggested the survey also include questions re depletion of the open space funds, mass transit and
whether a Referendum is desired
II At City Council's August Retreat
- A Top Goal: "Improve Transportation System"
Top Priorities:
. Fund Nimmo Parkway Phase V-A
. Fund Princess Anne Road Phase IV
. Roadsl"Pay As You Go" Funding Plan
A presentation on October 17, 2006, referenced the rising cost of Construction and Right of Way,
Right-of-Way costs have increased by 57,5% since 2003
Construction costs have increased by 38, 7% since 2004.
The "State of Transportation" in a Virginia Beach Town Hall Meeting was conducted January 30, 2007.
The opportunity for public comment on transportation needed and funding levels was offered The public
wished dedicated funding streams and requested the City Council be proactive in their approach
concerning dealing with transportation issues. On March 6, 2007, the staff revised funding strategy in
recognition of funding level realities and suggested a specific strategy re funding Nimmo Parkway Phase
V-A and Princess Anne Road Phase IV by consolidating other projects,
I City Council Retreat - March 12, 2007
Criteria for evaluating needs
Gauge sentiment of public regarding needs and funding options
Focusfunding on afew vs, many
April] 0, 2007
- 16 -
CITY COUNCIL WORKSHOP
RESOURCE MANAGEMENT PLAN
(FY 2007-2008 Operating and Capital Budget)
TRANSPORTATION NEEDS AND FUNDING
ITEM # 56283 (Continued)
Needs
I The Roadways eIP can be grouped into four sections
Maintenance Projects/Programs
Safety Improvement Programs
- Special Projects
Major Roadway Projects (Congestion Relief/Capacity Improvement)
Relative Congestion Relief/Capacity Improvement, there is one fundamental, a simple formula of volume
over capacity. (V/C.2:. 1) : Volume over Capacity exceeds 1. This formula is the foundation for evaluating
congestion relief/capacity improvement needs and final programming of funding involves both technical
and subjective considerations,
Other technical factors for evaluation of needs (besides existing vie)
II How important or big is the Roadway?
I How fast is traffic increasing?
. How bad will traffic be in the future?
Mr. Meyer referenced the spread sheet entitled: Technical Ranking of Congested Roadway Segments,
Said information is hereby made a part of the record. A sheet attached to this spread sheet: Technical
Ranking of Congested Roadway Segments, is also made a part of the record.
This spread sheet encompasses fifty-nine (59) sections of major roadways that are congested. The first
project is Princess Anne Road (from Dan Neck Road to Nimmo Parkway). The segments are classified as
Suburban, Urban (Major and Minor) and Collector
Councilman Villanueva requested columns be added re design and probability of completion.
Mr, Meyer advised twenty-six (26) of the projects are actually in the Capital Improvement program, with
"only a handful fully funded", some are partially funded, and some requested but not funded Should
City Council desire, the criteria can be changed.
Councilman Wood requested a column be added designating whether "funded", "partially funded" and
"not funded ",
John Fowler, Public works - Engineering, advised Princess Anne/Kempsville is scheduled to commence
construction in the Fall of 2009; however, the final proposed allocations have not been received from the
Virginia Department of Transportation (VDOT)
April 10, 2007
- 17 -
ITEM # 56284
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2,1-371 1 (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)(I)
Council Appointments: Boards, Commissions, Committees,
Authorities and Agencies
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly-held property, or of plans for the future of an
institution which could affect the value of property owned or desirable
for ownership by such institution pursuant to Section 2.2-3711 (A)(3).
Beach District
Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council voted to proceed
into CLOSED SESSION (5: 1 0 P.M.).
Voting: 10-0
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R,
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
William R, "Bill" DeSteph
(Closed Session: 5:10 P.M. - 5:40 P.M.)
(Dinner: 5:40 P.M. - 6:00 P.M.)
April 1 0, 2007
- 18 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
April] 0, 2007
6:00 P.M.
Mayor Meyer E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, April 10, 2007, at 6:00 P,M
Council Members Present:
Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor
Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,
John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James L.
Wood
Council Members Absent:
William R, "Bill" DeSteph
[Out of Country - Family Vacation)
INVOCATION: Reverend Donald R. Station
Police Chaplain
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank.
Three (3) years ago, Fulton Financial Corporation ("Fulton Financial'') purchased Resource Bank. On
March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a
Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a
"personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of
transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton
Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal
knowledge, In order to ensure his compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting
of City Council for the purpose of identifying any matters in which he might have an actual or potential
conflict, If during his review, he identifies any matters, Vice Mayor Jones will prepare and file the
appropriate disclosure letter to be recorded in the official records of City Council, Vice Mayor Jones
regularly makes this disclosure. Vice Mayor Jones' letter of April 1 0, 2007, is hereby made a part of the
record.
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of
Goodman and Company and is directly and indirectly involved in many of Goodman and Company's
transactions. However, due to the size of Goodman and Company and the volume of transactions it
handles in any given year, Goodman and Company has an interest in numerous matters in which her
husband is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifying any matters in which she might have an actual or potential conflict, If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure,
Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record.
April] 0, 2007
- 19 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
(Continued)
Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker
Realty, Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of
transactions it handles in any given year, Prudential has an interest in numerous matters in which she is
not personally involved and of which she does not have personal knowledge, In order to ensure her
compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act,
it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of
identifying any matters in which she might have an actual or potential conflict, Jf, during her review she
identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the
official records of City Council, Council Lady Wilson regularly makes this disclosure. Council Lady
Wilson's letter of January 27, 2004, is hereby made a part of the record.
April] 0, 2007
City ~:f" Virgir1ia Beach
lOUIS R. JONES
VICE MAYOR
PHONE: (757) 583-0177
FAX: (757) 588-4659
April 10, 2007
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Conflict of Interests Act Disclosure-Fulton Financial Corporation
Dear Mrs. Fraser:
F or many years, I served on the board of directors of Resource Bank. Three years ago, Fulton
Financial Corporation ("Fulton Financial") purchased Resource Bank. I continued to serve on the
board of Resource Bank after its purchase by Fulton Financial, but on March 31, 2007, I retired from
the board. Although I am no longer a board member, I own stock in Fulton Financial, and that stock
ownership causes me to have a "personal interest" in Fulton Financial, as that term is used in the
State and Local Government Conflict of Interests Act ("Conflicts Act").
My personal interest in Fulton Financial causes me to have a personal interest in City Council
transactions that involve Fulton Financial or any of the banks that are owned by Fulton Financial.
Resource Bank is the only bank owned by Fulton Financial that has branches in Virginia, but the
corporation owns twelve other banks that are located in Pennsylvania, New Jersey, Delaware, and
Maryland.
Due to the size of Fulton Financial and the volume of transactions its banks handle in any
given year, Fulton Financial has an interest in numerous matters of which I have no personal
knowledge. That is especially true now that I no longer serve on the board of Resource Bank. I am
concerned about the appearance of impropriety that might arise i[I participate in a matter before City
Council in which Fulton Financial has an interest, when I have no personal knowledge of that
interest.
In order to ensure my compliance with both the letter and the spirit of the Conflicts Act, it is
my practice to thoroughly review the agenda for each meeting of City Council for the purpose of
identifying any matters in which I might have an actual or potential conflict. If, during my review of
the agenda for any given meeting of the Council, I identify a matter in which I have a "personal
1008 WITCH POINT TRAil, VIRGINIA BEACH, VA 23455-5645
Mrs. Ruth Hodges Fraser
2
April 10, 2007
interest," as defined in the Conflicts Act, either individually or because of my interest in Fulton
Financial, I will prepare and file the appropriate disclosure letter to be recorded in the official records
of the Council.
Thank you for your assistance and cooperation in this matter.
v. ery truly yg;s,
~~,
Louis R. Jo s
Vice-Mayor
LRJ/RRI
- 20-
Item V-E.
CERTIFICATION OF CLOSED SESSION
ITEM # 56285
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, Barbara M Henley, Vice Mayor Louis R.
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
William R, "Bill" DeSteph
April 10, 2007
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 #56284, Page 17, and in accordance with the provisions of The
Virginia Freedom of Information Act; and,
WHEREAS: Section 22-3712 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 RESOL VED: 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.
April 10, 2007
- 21 -
Item V- F.l.
MINUTES
ITEM #56286
Upon motion by Council Lady Wilson, seconded by Councilman Uhrin, City Council APPROVED the
Minutes of the INFORMAL and FORMAL SESSIONS of April 3, 2007.
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R,
Jones, Reba S. McClanan, John E. Uhrin, Ron A, Villanueva, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Abstaining:
Mayor Meyera E. Oberndorf
Council Members Absent:
William R. "Bill" DeSteph
Mayor Oberndorf ABSTAINED as she was observing Passover Seders withfamily in Charlotte,
North Carolina
April] 0, 2007
- 22-
Item V-G 1.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM 56287
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
April 10, 2007
- 23 -
Item V-H.I.
PUBLIC HEARING
ITEM #56288
Mayor Oberndorf DECLARED A PUBLIC HEARING:
INSTALLMENT PURCHASE AGREEMENT for acquisition of
Agricultural Land Preservation (ARP) Easement - 1877 Pleasant Ridge Road
There being no speakers, Mayor OberndorfCLOSED THE PUBLIC HEARING
April10,2007
- 24-
Item V-H.2.
MAYOR'S PRESENTATION
ITEM #56289
Mayor Oberndorf INTRODUCED:
Bobby Wilder
Head Football Coach
Old Dominion University
Mayor Oberndorf PRESENTED Coach Wilder with a "Key to the City".
Old Dominion University will begin a football program in the Fall of 2009, competing as an NCAA
Division I Football Championship Member in the Colonial Athletic Association.
Bobby Wilder was the Associate Head Football Coach at the University of Maine and has served on the
Maine staff for the past seventeen (17) years, He was named the Assistant Coach of the year by the
Gridiron Club of Greater Boston in 2004,
John R. Broderick, Vice President for Institutional Advancement at Old Dominion University
accompanied Coach Wilder and was a member of the committee who participated in the national search
of candidates for the Coach.
April] 0, 2007
- 25 -
Item v.J.
ORDINANCES
ITEM #56290
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE
MOTION Ordinances 1, 2, 3, 4, 5, 6 and 7 of the CONSENT AGENDA
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R,
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
William R. "Bill" DeSteph
Council Members Diezel and McClanan will vote a VERBAL NA Y on Item J.3 (MORRIS ARP)
April] 0, 2007
- 26 -
Item v.J.J.
ORDINANCES
ITEM #56291
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to AMEND 9 21-407 of the City Code re charges for towing
and storage of vehicles.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R.
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
William R. "Bill" DeSteph
April 10, 2007
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AN ORDINANCE TO AMEND SECTION 21-407 OF THE
CITY CODE PERTAINING TO CHARGES FOR TOWING AND
STORAGE OF VEHICLE; RECEIPT REQUIRED
SECTION AMENDED: ~ 21-407
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 21-407 is hereby amended and reordained to read
as follows:
Sec. 21-407.
Charges for towing and storage of vehicle; receipt
required.
(a) No tow truck service or operator operating within the
City shall, at any time, charge a basic towing fee greater than the
fees set forth below:
TABLE INSET:
Gross weight of vehicle
11,000 pounds or less
11,001 pounds or more
Maximum fee
$125.00
285.00
The basic fee shall be inclusive of any additional towing
services such as the use of a dolly. This subsection shall apply
only when a vehicle is moved or towed without the prior consent and
agreement of the owner or custodian of the vehicle.
(b) No tow truck service or operator shall assess any charges
for storage for the initial twenty-four (24) hours, nor charge more
than twenty dollars ($20.00) per twenty-four-hour period
thereafter, for any vehicle with a gross weight of eleven thousand
(11,000) pounds or less removed from private property without the
consent of the owner or custodian of the vehicle, whether such tow
originates in this City or any other jurisdiction. For vehicles
with a gross weight of more than eleven thousand (11,000) pounds, a
storage fee not to exceed twenty dollars ($20.00) per twenty-four-
hour period may be assessed after the first twenty-four (24) hours.
Delays caused by storage yard personnel shall not be included when
computing storage charges.
(c) If any
seventy-two (72)
shall be entitled
dollars ($50.00),
vehicle is not redeemed wi thin :.JC7cn (7) dClY:.J
hours after it is towed, the tow truck service
to recover an additional fee, not to exceed fifty
as payment for the cost of any search conducted
1
48 to determine the registered owner and lien holder, if any, of the
49 vehicle.
50
51 (d) No tow truck service or operator shall charge any fee for
52 mileage, or any other fee in addition to the basic towing fee set
53 forth in subsection (a) above. In order to ensure that no tow truck
54 service or operator collects more than the fees authorized by this
55 section, tow truck services and operators shall provide change for
56 cash payments made by any person whose vehicle has been towed or
57 released after hook up.
58
59 (e) A monetary receipt for each and every fee collected must
60 be given to those persons whose vehicles have been towed by a tow
61 truck service, or released after hook up, upon release of the
62 vehicle. The information on the receipt must be clearly legible and
63 include the time, date and place of the tow, the name of the tow
64 truck operator who made the tow, and the name of the tow truck
65 service for which said operator works. The receipt must also list
66 the amount of money paid for the release of the vehicle, any
67 additional charges incurred in the tow, and the reason for said
68 additional charges. The following shall be printed conspicuously on
69 every receipt: "NOTICE: Virginia Beach City Code 5 21-407 (f)
70 requires the tow company to offer you a Survey and Comment Form
71 with this receipt." A copy of the receipt must be retained by the
72 tow truck service for a period of one (1) year and shall be made
73 available for inspection by city police or the Commissioner of the
74 Revenue during normal business hours of the tow truck service
75 owner.
76
77 (f) A survey and comment form, developed by the Towing
78 Advisory Board, shall be offered to those persons whose vehicles
79 have been towed by a tow truck service, or released after hookup,
80 upon release of the vehicle.
81
82 Adopted by the City Council of the City of Virginia Beach,
83 Virginia, on this 10th day of April, 2007.
2
- 27-
Item V. J. 2.
ORDINANCES
ITEM #56292
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance re the ACCEPTANCE of a Deed conveying title to the
Lynnhaven House at Wishart Road from the Association for the
Preservation of Virginia Antiquities (APVA) to the City of Virginia
Beach.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R,
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron
A, Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
William R. "Bill" DeSteph
April 10, 2007
1
2
3
AN ORDINANCE TO APPROVE THE ACCEPTANCE OF A
DEED CONVEYING TITLE TO THE LYNNHAVEN HOUSE TO
THE CITY OF VIRGINIA BEACH
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WHEREAS, by Ordinance adopted November 28, 2006, the City
Council did approve the terms of a transaction involving the
conveyance of certain properties from the Association for the
Preservation of Virginia Antiquities (APVA) and Lynnhaven House,
LLC to the City of Virginia Beach;
WHEREAS, the terms which were approved included a lease of the
parcel on which the Lynnhaven House is situated to the City for a
ninety-nine (99) year term;
WHEREAS, the APVA is now agreeable to convey title to the
parcel on which the Lynnhaven House is situated to the City instead
of the lease of same; and
WHEREAS, the City Council does agree to accept title to the
said parcel.
THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Council approves the amendment of the terms of
the transaction involving the three (3) parcels located at 4401,
4405, and 4409 Wishart Road, previously approved by ordinance
adopted November 28, 2006, to provide that title to Parcel I-B, on
which the Lynnhaven House is situated, shall be conveyed to the
City of Virginia Beach, and further approves the addition of a term
whereby the City agrees to defend any claim arising out of the
conveyance of such parcel to the City.
Adopted by the
Virginia, on the 10th
Council of the
day ofApri 1
City of
, 2007.
Virginia
Beach,
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
AHt:J
Department of Museums
and Cultural Arts
/
CAI0365
V:\applications\citylawprod\cycorn32\Wpdocs\D004\P001\O0030994.DOC
R-l
April 4, 2007
- 28 -
Item v'J.3.
ORDINANCES
ITEM #56293
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to AUTHORIZE the City Manager to EXECUTE an
Installment Purchase Agreement with James T. Morris, Margaret
Morris Creech, Nelson E. Morris and Patricia Morris Trowbridge re
an Agricultural Land Preservation Easement (ARP) at 1877 Pleasant
Ridge Road.
DISTRICT 7 - PRINCESS ANNE
Voting:
8-2 (By Consent)
Council Members Voting Aye:
Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor
Meyera E. Oberndorf John E. Uhrin, Ron A, Villanueva, Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
Harry E. Diezel and Reba S. McClanan
Council Members Absent:
William R. "Bill" DeSteph
April 10, 2007
1
2 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
3 AGRICULTURAL LAND PRESERVATION EASEMENT OVER
4 PROPERTY IDENTIFIED AS GPIN 2412-21-3229 AND
5 THE ISSUANCE BY THE CITY OF ITS CONTRACT
6 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF
7 $189,366 (PROPERTY OF JAMES T. MORRIS,
8 MARGARET MORRIS CREECH, NELSON E. MORRIS AND
9 PATRICIA MORRIS TROWBRIDGE, THE HEIRS OF LAURA
10 E. MORRIS, DECEASED)
11 WHEREAS, pursuant to the Agricultural Lands Preservation
12 Ordinance (the "Ordinance"), Appendix J of the Code of the City of
13 Virginia Beach, there has been presented to the City Council a
14 request for approval of an Installment Purchase Agreement (the form
15 and standard provisions of which have been previously approved by
16 the City Council, a summary of the material terms of which is
17 hereto attached, and a true copy of which is on file in the City
18 Attorney's Office) for the acquisition of the Development Rights as
19 defined in the Installment Purchase Agreement) on certain property
20 located in the City identified as GPIN 2412-21-3229 and more fully
21 described in Exhibit B of the Installment Purchase Agreement for a
22 purchase price of $189,366; and
23
24 WHEREAS, the aforesaid Development Rights shall be acquired
25 through the acquisition of a perpetual agricultural land
26 preservation easement, as defined in, and in compliance with, the
27 requirements of the Ordinance; and
28
29 WHEREAS, the City Council has reviewed the proposed terms and
30 conditions of the purchase as evidenced by the Installment Purchase
31 Agreement;
32
33 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
34 OF VIRGINIA BEACH, VIRGINIA:
35
36 1. The City Council hereby determines and finds that the
37 proposed terms and conditions of the purchase of the Development
38 Rights pursuant to the Installment Purchase Agreement, including
39 the purchase price and manner of payment, are fair and reasonable
40 and in furtherance of the purposes of the Ordinance, and the City
41 Manager or his designee is hereby authorized to approve, upon or
42 before the execution and deli very of the Installment Purchase
43 Agreement, the rate of interest to accrue on the unpaid principal
44 balance of the purchase price set forth hereinabove as the greater
45 of 3.5770% per annum or the per annum rate which is equal to the
46 yield on United States Treasury STRIPS purchased by the City to
47 fund such unpaid principal balance; provided, however, that such
48 rate of interest shall not exceed 5.5770% unless the approval of
49 the City Council by resolution duly adopted is first obtained.
50
51 2. The City Council hereby further determines that funding
52 lS available for the acquisition of the Development Rights pursuant
53 to the Installment Purchase Agreement on the terms and conditions
54 set forth therein.
55
56 3. The City Council hereby expressly approves the
57 Installment Purchase Agreement and, subject to the determination of
58 the City Attorney that there are no defects in title to the
59 property or other restrictions or encumbrances thereon which may,
60 in the opinion of the City Attorney, adversely affect the City's
61 interests, authorizes the City Manager or his designee to execute
62 and deliver the Installment Purchase Agreement in substantially the
63 same form and substance as approved hereby with such minor
64 modifications, insertions, completions or omissions which do not
65 materially alter the purchase price or manner of payment, as the
66 City Manager or his designee shall approve. The City Council
67 further directs the City Clerk to affix the seal of the City to,
68 and attest same on, the Installment Purchase Agreement. The City
69 Council expressly authorizes the incurrence of the indebtedness
70 represented by the issuance and delivery of the Installment
71 Purchase Agreement.
72
73 4. The City Council hereby elects to issue the indebtedness
74 under the Charter of the City rather than pursuant to the Public
75 Finance Act of 1991 and hereby constitutes the indebtedness a
76 contractual obligation bearing the full faith and credit of the
77 City.
78 Adoption requires an affirmative vote of a majority of all
79 members of the Ci ty Council.
80
2
81
82
Adopted by the
Virginia, on this 10th
Council of the
day of Apr..i 1
City
of Virginia
, 2007.
Beach,
CA-10294
V: \applications\citylawprod\cycom3 2\ W pdocs\D008\P004\00029442. DOC
R-1
DATE: 3/13/07
APPROVED AS TO CONTENT:
CERTIFIED AS TO
AVAILABILITY OF FUNDS:
(~~QJ?!t~
3
AGRICUL TURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2006-78
SUMMARY OF MATERIAL TERMS
SELLER: James T. Morris, Margaret Morris Creech, Nelson E. Morris and Patricia Morris
Trowbridge, the heirs of Laura E. Morris, deceased.
PROPERTY LOCATION: 1877 Pleasant Ridge Road, Princess Anne District
PURCHASE PRICE: $189,366.
EASEMENT AREA: 17.06 acres, more or less
DEVELOPMENT POTENTIAL: 1 single-family dwelling site (1 acquired)
DURATION: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 3.5770% (actual rate to be determined when STRIPS are purchased prior
to execution ofIP A). Rate may not exceed 5.5770% without approval of City Council.
TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from
IP A date
RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and delivery ofIP A.
- 29-
Item V, J. 4.
ORDINANCES
ITEM #56294
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to AUTHORIZE the City Manager to execute a Dredged
Material Disposal Area Use Agreement between the City and civic
and/or neighborhood associations re residents disposing of dredged
material in the City-owned Whitehurst Borrow Pit Disposal Area.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R.
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
William R, "Bill" DeSteph
April 10, 2007
1
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ORDINANCE AUTHORIZING THE EXECUTION OF
A DREDGED MATERIAL DISPOSAL AREA USE
AGREEMENT BETWEEN THE CITY AND CIVIC
AND OR NEIGHBORHOOD ASSOCIATIONS FOR
THE PLACEMENT OF DREDGED MATERIAL IN
THE CITY-OWNED WHITEHURST BORROW PIT
DISPOSAL AREA
WHEREAS, numerous civic and neighborhood associations
wi thin the City of Virginia Beach have applied for permits to
dredge waterways wi thin the City of Virginia Beach which abut
those civic or neighborhood associations; and
WHEREAS, those associations do not possess adequate
disposal options to accomplish this dredging; and
WHEREAS, the City owns a disposal area site known as
the Whitehurst Borrow Pit; and
WHEREAS, the Whitehurst Borrow Pit has capacity for
over one million cubic yards of dredged material disposal; and
WHEREAS, those associations have requested that
City allow the placement of the dredged materials from
waterways abutting those civic or neighborhood associations
the Whitehurst Borrow Pit disposal area; and
the
the
into
WHEREAS, in the opinion of the Council of the City of
Virginia Beach, entering into a Dredged Material Disposal Area
Use Agreement with associations for the placement of dredged
materials in the City-owned Whitehurst Borrow Pit disposal area
will be beneficial for the preservation of the safety, health,
peace, good order, comfort, convenience, and welfare of the
people of the City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED by the Council of the
City of Virginia Beach, Virginia:
That the City Council authorizes the City Manager or
his designee to execute a Dredged Material Disposal Area Use
Agreement, in a form substantially in conformance with the
document attached hereto as Exhibit A, between the City and such
ci vic or neighborhood associations, who hold a valid permit to
conduct dredging of a waterway, as he deems appropriate, for the
placement of dredged material from the waterway to be dredged by
that association into the Whitehurst Borrow Pit disposal area in
accordance with the Dredged Material Disposal Area Use
49 Agreement, and containing other terms as are acceptable to the
50 City Manager and approved by the City Attorney.
51
52 Adopted by the Council of the City of Virginia Beach,
53 Virginia, on this 10th day of April, 2007.
CA-I0301
V: lapplications\citylawprod\cycom32\ W pdocsID0301P00 I \00030768 .DOC
R-l
March 30, 2007
APPROVED AS TO
SUFFICIENCY.
City
2
EXHIBIT A
WHITEHURST DREDGED MATERIAL DISPOSAL AREA USE AGREEMENT
THIS AGREEMENT, made and entered into as this _ day of
, 20_ by and between the CITY OF VIRGINIA BEACH,
VIRGINIA, a political subdivision of the Commonwealth of Virginia, hereinafter
referred to as the "City" and
, a
hereinafter referred to as the "User", having a principal place of business;
WHEREAS, the User is comprised of citizens residing along a waterway within
the City of Virginia Beach located at [or attach a map/plat] which is in
need of dredging to restore navigability (the "Waterway"); and
WHEREAS, the User has applied for permits to dredge the Waterway and have
hired (the "Contractor") to manage and accomplish said dredging; and
WHEREAS, the User and the Contractor do not possess adequate disposal
options to accomplish this dredging; and
WHEREAS, the City is owner of a parcel of land on which the Whitehurst
Borrow Pit is located; and
WHEREAS, City Council has authorized the use of the Whitehurst Borrow Pit
for disposal of dredged material from projects such as this, subject to the execution of a
Use Agreement in this format; and
WHEREAS, upon receipt of all necessary permits, the Whitehurst Borrow Pit
("the Disposal Area") will be suitable for the placement of dredged material.
NOW, THEREFORE, THIS AGREEMENT WITNESSETH, that for and in
consideration of the mutual and public benefits derived from the dredging of the
navigable waterways, the City does hereby grant to the User the non-exclusive right and
privilege to enter, occupy and use the Disposal Area in accordance with the attached plan,
made part hereof, entitled"
", which plan is incorporated
into this Agreement and made a part hereof pursuant to the following terms and
conditions:
1. Costs of Improvements: Any and all improvements to the Disposal Area
necessary to accomplish the dredging shall be made by the User at no cost to the City and
shall become property of the City.
2. Erosion and Sediment Bond: To warrant the User and the Contractor's
performance in the placement of materials in the Disposal Area, in accordance with all
federal, state and local laws, an Erosion and Sediment bond in the amount of
$
will be purchased by the Contractor and will remain in full force and effect
until the termination of this Agreement.
3. Design Requirements: All improvements to the Disposal Area and plans
for its use shall be designed by a qualified professional engineer and be in compliance
with all applicable federal, state and local development standards and policies. All plans
shall be reviewed and approved by the City in its sole Discretion, prior to commencement
of construction activities.
4. Hazardous Materials: The User, its successors, assigns and guarantors,
agree to indemnify, defend, reimburse and hold harmless the City, its officers,
employees, agents, successors, assigns and invitees of such persons, from and against any
and all environmental damages, claims or demands arising from the discharge of
2
Hazardous Materials (defined below) by the User and/or the Contractor, or either party's
agents or assigns into the Disposal Area or elsewhere.
This obligation shall include, but not be limited to, the burden and expense of
defending all claims, suits and administrative proceedings (with counsel reasonably
approved by the City), even if such claims, suits or proceedings are groundless, false or
fraudulent, and conducting all negotiations of any description, and paying and
discharging, when and as the same become due, any and all judgments, penalties or other
sums due against such indemnified persons. The City, at its sole expense may employ
additional counsel of its choice to associate with counsel, at the User's expense,
representing the User and/or the Contractor.
Any costs associated with violations of the law including, but not limited to,
remediations, clean-up costs, fines, administrative or civil penalties or charges, and third
party claims imposed on the City by any regulatory agency or by any third party as a
result of noncompliance with federal, state or local environmental laws and regulations or
nuisance statutes by the User or the Contractor, consultants, subconsultants, or any other
persons, corporations or legal entities retained by the User for this contract, shall be paid
by the User.
The obligations of the User under this title shall surVive the expiration or
termination of this Agreement.
The phrase "Hazardous Materials" as used herein means any substance:
(i) the presence of which requires investigation or remediation under
any federal, state or local statute, regulation, ordinance, order, action, policy or common
law; or
3
(ii) which is or becomes defined as a "hazardous waste", "hazardous
substance", pollutant or contaminant under any federal, state or local statute, regulation,
rule or ordinance or amendments thereto including, without limitation, the
Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C.
section 9601 et seq.) and/or the Resource Conservation and Recovery Act (42 U.S.C.
section 6901 et seq.); or
(iii) which IS toxic, explosive, corrOSIve, flammable, infectious,
radioactive, carcinogenic, mutative, or otherwise hazardous and is or becomes regulated
by any governmental authority, agency, department, commission, board, agency or
instrumentality of the United States, the Commonwealth of Virginia or any political
subdivision thereof; or
(iv) the presence of which in the Disposal Area causes or threatens to
cause a nuisance upon the Disposal Area or to adjacent properties or poses or threatens to
pose a hazard to the health or safety of persons on or about the Disposal Area; or
(v) the presence of which on adjacent properties could constitute a
trespass by the User; or
(vi) without limitation which contains gasoline, diesel fuel or other
petroleum hydrocarbons; or
(vii) without limitation which contains polychlorinated biphenyls
(PCBs), asbestos or urea formaldehyde foam insulation; or
(viii) without limitation which contains radon gas.
5. Permit Disclaimer: This Agreement shall not be construed as approval of
any ancillary dredging permit applications by federal, state or local authorities, including
4
the City of Virginia Beach. Until the User obtains the permits necessary under applicable
law to proceed with the dredging of the Waterway this Agreement shall be invalid and of
no effect.
6. Scheduling and Information Requirements: The User hereby agrees to
provide written notice to the City at least two (2) weeks prior to commencement of
dredging and disposal operations for this project. This requirement does not obviate
other reporting requirements outlined in any permit obtained by the User.
7. Use Limitations: Use of the Disposal Area by the User is hereby limited
to the disposal of not more than cubic yards of dredged material as
measured within the channel/canal of the Waterway to restore navigable water depths to
the Waterway. In order to achieve this, the User (or at the User's direction, the
Contractor) must:
1. Periodically, or at the request of the City, perform a survey to
ascertain the volume of material placed and minimum depth;
11. Level and survey the pit after fill volume has been reached;
111. The User and/or the Contractor will pay the City the sum of
$
per cubic yard of material over the
specified fill limit if the final survey determines that the limit
has been exceeded.
The requirements in section (i) and (ii) above shall be met to the satisfaction of
the City in its sole discretion. The User and/or the Contractor may be required to remove
any dredged material over the specified fill limit, at the sole discretion of the City.
5
8. Site Condition at Completion: The User hereby agrees to maintain the
Disposal Area in accordance with the applicable requirements of the City and
Commonwealth of Virginia with respect to erosion and sedimentation control. The
outfall shall be kept in good working condition and clear of debris during the life of this
Agreement and be functional upon termination of this Agreement.
9. Site Attendant: The User hereby agrees to provide a disposal area
attendant, with work experience in dredging operations acceptable to the City in its sole
discretion, on-site at the Disposal Area at all times during dredged material placement
operations under the terms of this Agreement. The attendant shall keep close and careful
watch over the Disposal Area to detect leakage or outfall failure and provide security
surveillance.
At all times, the attendant shall be in radio contact with representatives of the
Contractor to alert the Contractor of serious conditions which require assistance to
control or discontinuance of dredging operations.
10. Misplaced Material: The User shall take all precautions that, in the
opinion of the City are necessary, to prevent the misplacement or escape of dredged
material from the Disposal Area. In the event of any breaks or overflow of the retaining
dike or outfall, the Contractor will be required to discontinue dredging operation until
such breaks or overflow of the retaining dike or outfall are remedied and the misplaced
material recovered at the sole expense of the User, to the sole satisfaction of the City.
11. Transfer of Rights and Privileges: It is expressly agreed that the rights and
privileges granted in this Agreement are not transferable.
6
12. Termination: The rights and privileges granted in this Agreement shall
expire on or before . The City may, at its option and upon
written notice to the User, suspend or revoke this Agreement as the result of the User's
failure to comply with any of the terms and conditions described herein. The User may
terminate this Agreement by written notice to the City of completion of work or upon
abandonment of the dredging project. Within thirty (30) days of termination by either
party or upon expiration, the City shall make a final inspection of the site to determine
compliance with the terms and conditions contained herein. Any defects discovered by
said final inspection shall be reported to the User in writing and shall be corrected prior to
the release of the Erosion and Sediment Bond.
13. Contactor's Responsibilities: The User acknowledges and agrees that the
Contractor is the agent of the User and any act or omission by the Contractor in the
performance of any obligation under this Agreement shall be deemed a breach by the
User and the User shall bear sole responsibility for any acts or omission of the Contractor
with respect to this Agreement.
14. Requirements For Agreement With Contractor: The User agrees that its
agreement with the Contractor will be in writing and will contain (i) a provision requiring
the Contractor to be bound by all provisions of this Agreement, and (ii) a provision
making the City a third party beneficiary to User's agreement with the Contractor.
Failure to include either provision, each satisfactory to the City in its sole discretion, shall
be deemed a breach and default under this Agreement. User shall provide a copy of such
contract to the City prior to the commencement of work.
7
15. Applicable Law: This Agreement shall be governed as to all matters
whether of validity, interpretation, obligation, performance or otherwise exclusively by
the laws of the Commonwealth of Virginia, and all questions arising with respect thereto
shall be determined in accordance with such laws. Regardless of where actually
delivered and accepted, this Agreement shall be deemed to have been accepted by the
parties in the Commonwealth of Virginia.
16. Compliance With All Laws: The User and Contractor shall comply with
all federal, state and local statutes, ordinances and regulations now in effect or hereafter
adopted, in the performance of the works set forth herein. The User represents that it or
any contractor performing work as a part of this project possesses all necessary licenses
and permits required to conduct its business and will acquire any additional licenses and
permits necessary to performance of this Agreement prior to initiation of work. The User
further represents that it is a [corporation/limited liability
company/partnership] in good standing in the Commonwealth of Virginia and will
remain in good standing throughout the term of this Agreement. The User shall at all
times observe all health and safety measures and precautions necessary for the sanitary
and safe performance of the work described herein.
17. Nondiscrimination: Employment discrimination by the Contractor shall
be prohibited. The User agrees it will, during the performance of this Agreement, require
the Contractor to follow the following provisions:
1. The Contractor will not discriminate against any employee or
applicant for employment because of race, religion, color, sex, national
origin, age, disability, or any other basis prohibited by state law
8
relating to discrimination in employment, except where there is a bona
fide occupational qualification/consideration reasonably necessary to
the normal operation of the Contractor. The Contractor agrees to post
in conspicuous places, available to employees and applicants for
employment, notices setting forth the prOVISIOns of this
nondiscrimination clause.
2. The Contractor, in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, will state that the Contractor
is an equal opportunity employer.
3. Notices, advertisements and solicitations placed in accordance with
federal law, rule or regulations shall be deemed sufficient for the
purpose of meeting the requirements of this section.
4. Contractor will include the provisions of the foregoing Sections 1, 2,
and 3 in every subcontract or purchase order of over $10,000, so that
the provisions will be binding upon each subcontractor or vendor.
18. Drug-Free Workplace: The User agrees it will, during the performance of
this Agreement, require the Contractor to follow the following provisions:
1. The Contractor will provide a drug-free workplace for the Contractor's
employees.
2. The Contractor will post in conspicuous places, available to employees
and applicants for employment, a statement notifying employees that the
unlawful manufacture, sale, distribution, dispensation, possession, or use
of a controlled substance or marijuana is prohibited in the Contractor's
9
workplace and specifying the actions that will be taken against
employees for violations of such prohibition.
3. The Contractor will state in all solicitations or advertisements for
employees placed by or on behalf of the Contractor that the Contractor
maintains a drug-free workplace.
4. The Contractor will include the provisions of the foregoing Sections 1,
2, and 3 in every subcontract or purchase order of over $10,000, so that
the provisions will be binding upon each subcontractor or vendor.
19. Venue: Any and all suits for any claims or for any and every breach or
dispute arising out of this Agreement shall be maintained in the appropriate court of
competent jurisdiction in the City of Virginia Beach, Virginia or the Unites States District
Court for the Eastern District of Virginia, Norfolk Division.
20. Hold Harmless: It is understood and agreed that the User hereby assumes
the entire responsibility and liability for any and all damages to persons or property
caused by or resulting from or arising out of any act or omission on the part of the User,
its contractor, agents, or employees under or in connection with this Agreement or the
performance or failure to perform any work allowed by this Agreement. The User shall
save harmless and indemnify the City and its agents, volunteers, servants, employees and
officers from and against any and all claims, losses or expenses, including but not limited
to attorney's fees, which either or both of them may suffer, payor incur as the result of
claims or suits due to, arising out of or in connection with any and all such damage, real
or alleged, and the User shall, upon written demand by the City assume and defend at the
User's sole expense any and all such suits or defense of claims.
10
21. Modification: There may be no modification of this Agreement, except in
writing, executed by the City Manager, or his designee, and the User.
22. Notices: All notices, requests, demands, and other communications
required or permitted to be given under the terms of this Agreement shall be deemed to
have been duly given if in writing and delivered personally, given by prepaid telegram, or
mailed by first-class (postage-prepaid), registered, or certified mail as follows:
If to the City:
City Manager
Municipal Center
Virginia Beach, Virginia 23456
lfto
Either party may change the address to which such communication are to be
directed by giving written notice to the other party in the manner provided herein. Any
notice, request, demand or other communication made pursuant to this Agreement shall
be deemed to have been received by the addressee at such time as it is personally
delivered or on the third business day after it is mailed, as the case may be.
As evidence of their agreement to the terms and conditions set forth herein, the
parties affix their authorized signatures hereto:
[Name of Entity]
By:
Title:
11
ATTEST:
CITY OF VIRGINIA BEACH
By:
City Manager/Authorized Designee of City
Manager
ATTEST:
City Clerk
APPROVED AS TO
LEGAL SUFFICIENCY:
APPROVED AS TO CONTENT:
City Attorney
Public Works
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
, a Notary Public in and for the City and State
hereby certify that
of , whose name is signed to
the foregoing writing, bearing dated on the day of
20_, has acknowledged the same before me in my City and State aforesaid.
I,
aforesaid,
do
Given under my hand this
day of
,20_
Notary Public
My commission expires:
12
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
, a Notary Public in and for the City and State
hereby certify that
of , whose name is signed to
the foregoing writing, bearing dated on the day of
20_, has acknowledged the same before me in my City and State aforesaid.
I,
aforesaid,
do
Given under my hand this
day of
,20_
Notary Public
My commission expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, , a Notary Public in and for the City and State
aforesaid, do hereby certify that City
Manager! Authorized Designee of the City Manager of the City of Virginia Beach,
Virginia, whose name is signed to the foregoing writing, bearing dated on the
day of , 20_, has acknowledged the same before
me in my City and State aforesaid.
Given under my hand this
day of
,20_
Notary Public
My commission expires:
13
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, , a Notary Public in and for the City and State
aforesaid, do hereby certify that , City Clerk of the City
of Virginia Beach, Virginia, whose name is signed to the foregoing writing, bearing dated
on the day of , 20_, has acknowledged the same
before me in my City and State aforesaid.
Given under my hand this
day of
,20
Notary Public
My commission expires:
V .\applicationslcitylawprod\cycom32\ W pdocsID030IPOO 1 I00030796.DOC
14
- 30 -
Item V.J.5.
ORDINANCES
ITEM #56295
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to A UTBORIZE a temporary encroachment into portions of
City property, known as Treasure Cove/Canal for JEFFREY J. and
DEBORA L. BERGER at 2405 Spindrift Road, re removal of an existing
marginal wharf maintain an existing bulkhead, construct and maintain a
pier and two (2) boatlifts.
DISTRICT 5 - LYNNHA VEN
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
removed from the encroachment area by the applicant and the applicant will bear all costs
and expenses of such removal.
3. The applicant shall indemnify and hold harmless the City, its agents and employees from and
against all claims, damages, losses and expenses, including reasonable attorney's fees in
case it shall be necessary to file or defend an action arising out of the construction, location
or existence of the temporary encroachment,
4. Nothing herein contained shall be construed to enlarge the permission and authority to permit
the maintenance or construction of any encroachment other than that specified herein and to
the limited extent specified herein, nor to permit the maintenance and construction of any
encroachment by anyone other than the applicant.
5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly
or a hazard.
6, The applicant must obtain a permit from the Office of the Development Services/Planning
Department prior to commencing any construction within the encroachment area,
7. 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,
8. The applicant shall submit for review and approval a survey of the area being encroached
upon, 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 the City Engineer's Office or the Engineering Division of the Public Utilities
Department,
April 10, 2007
- 31 -
Item V.J.5.
ORDINANCES
ITEM #56295 (Continued)
9, The City, upon revocation of such authority and permission so granted, may remove the
temporary encroachment and charge the cost thereof to the applicant and collect the cost in
any manner provided by law for the collection of local or state taxes; may require the
applicant to remove such temporary encroachment; and, pending such removal, the City may
charge the applicant for the use of such portion of the City's right-of way encroached upon
the equivalent of what would be the real property tax upon the land so occupied if it were
occupied 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.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R,
Jones, Reba S. McClanan, Mayor Meyera E. OberndorJ, John E. Uhrin, Ron
A, Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
William R. "Bill" DeSteph
Apri/lO,2007
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENTS INTO
A PORTION OF CITY PROPERTY
KNOWN AS TREASURE COVE / CANAL
BY PROPERTY OWNERS, JEFFREY
J. BERGER AND DEBORA L.
BERGER
WHEREAS, Jeffrey J. Berger and Debora L. Berger desire to
remove an existing marginal wharf, to maintain an existing
bulkhead and to construct and maintain a pier and two (2)
boatlifts within a portion of the City's property known as
Treasure Cove/Canal, located at the rear of 2405 Spindrift Road,
ln the City of Virginia Beach, Virginia.
WHEREAS, City Council is authorized pursuant to ~~ 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
authorize temporary encroachments upon the City's property
subject to such terms and conditions as Council may prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That pursuant to the authori ty and to the extent thereof
contained in ~~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950,
as amended, Jeffrey J. Berger and Debora L. Berger, their heirs,
assigns and successors in title are authorized to maintain
temporary encroachments for removal of an existing marginal
wharf and maintenance of an existing bulkhead and to construct
and maintain a pier and two (2) boatlifts in the City's property
as shown on the map marked Exhibit "A" attached hereto and
entitled: "ENCROACHMENT FOR WATERCRAFT STORAGE & MOORING FOR
JEFFREY BERGER, 2405 SPINDRIFT ROAD, VIRGINIA BEACH, VA 23451,"
a copy of which is on file in the Department of Public Works and
to which reference is made for a more particular description;
and
BE IT FURTHER ORDAINED, that the temporary encroachments
are expressly subj ect to those terms, condi tions and cri teria
contained in the Agreement between the Ci ty of Virginia Beach
and Jeffrey J. Berger and Debora L. Berger (the "Agreement"),
which is attached hereto and incorporated by reference; and
ORDAINED, that the City
is hereby authorized
Manager or
to execute
his
the
BE IT FURTHER
authorized designee
Agreement; and
BE IT FURTHER ORDAINED, that this Ordinance shall not be in
effect until such time as Jeffrey J. Berger and Debora L. Berger
and the City Manager or his authorized designee executes the
Agreement.
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Adopted by
Virginia, on the
the Council
10th day of
CA-10292
X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA 10292 Berger.doc
V:\applications\citylawprod\cycom32\Wpdocs\0008\PQ04\OO029459 DOC
R-1
PREPARED: 3/12/07
APPROVED AS TO CONTENTS
of the
~pril
City of Virginia
, 2007.
Beach,
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
rM1JV\0~
C T TTORNEY ,
PREP ARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDA TION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 26th day of February, 2007, by and between
the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth
of Virginia, Grantor, "City", and JEFFREY J. BERGER AND DEBORA L. BERGER,
THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than
one.
WITNESSETH:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as Site No. "251" as shown on that certain plat entitled:
"SUBDIVISION OF BAY ISLAND, SECTION TWO" and said plat is recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at page 15,
and being further designated, known, and described as 2405 Spindrift Road, Virginia Beach,
Virginia 23451;
WHEREAS, it is proposed by the Grantee to remove an existing marginal wharf,
to maintain an existing bulkhead and to construct and maintain a pier and two (2) boatlifts,
collectively, the "Temporary Encroachment", in the City of Virginia Beach;
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of an existing City property known as
Treasure Cove/Canal, the "Encroachment Area"; and
No GPIN Assigned to City Property known as Treasure Canal
GPIN 1499-99-3458-0000
WHEREAS, the Grantee has requested that the City permit the 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 hereby grants 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 for Watercraft Storage
& Mooring for Jeffrey Berger, 2405 Spindrift Road, Virginia
Beach, VA 23451," 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, and Grantee shall
bear all costs and expenses of such removal.
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 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 construction, 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 obtain a permit
from the Office of Development Services Center/Planning Department prior to commencing any
construction within the Encroachment Area.
It is further expressly understood and agreed that the Grantee must obtain and
keep in force all-risk property insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the City as additional named insured
or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability
insurance in an amount not less than $500,000.00, combined single limits of such insurance
policy or policies. The Grantee will provide endorsements providing at least thirty (30) days
written notice to the City prior to the cancellation or termination of, or material change to, any of
the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
3
contingent, with relation to the construction, location, and/or existence of 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 ofthe 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
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, Jeffrey J. Berger and Debora L. Berger, the said
Grantee, has caused this Agreement to be executed by their signature. Further, that the City of
Virginia Beach has caused this Agreement to be executed in its name and on its behalfby its City
Manager and its seal be hereunto affixed and attested by its City Clerk.
4
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
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 FRASER, City Clerk for the CITY OF
VIRGINIA BEACH.
Notary Public
My Commission Expires:
5
STATE OF VIRGINIA: I' ,\) (:?L ~
CITY/COUNTY OF V 1 ~J :V'-I~, ~'to-wit:
The foregoing instrument was acknowledged before me thisofo day of
R..> ,/ J 4-,1'--(, 2007, by Jeffrey J. Berger.
My Commission Expires:
STATE OF VIRGINI1\ j, .. () /) \;\r-
CITY/COIDlTY OF V~~J\..\'" l,fv, to-wit:
The foregoing instrument was acknowledged before me this )- {, day of
(Lh (~~ ' 2007, by Debora L. Berger.
My Commission Expires: I V }J l { 07
APPROVED AS TO CONTENTS
r' c. OCLU>S"'~
S NATURE
PI.U R<<:rJ E5t61E.
DEPARTMENT
.{\..)
APPROVED AS TO LEGAL
f1rICIENC~~':O~
! I t~P~~0L~CV
,
X:\Projects\Encroachments\Applicants\Berger-2405 Spindrift\Agreement Encroachment.doc
6
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INST # 20060.3220 )0435470
M8 48', ?15 '--r
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FLOOD
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EXISHNG 40' TO
SULK HEAD. CJW.)~{tl
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LOT 251
JEFTRE,( meRGER
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IN-ST# 200:6'0-5:16'0'0074294'0
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~i 20GS r//\R!t\!F. C r'iGli'.!EEFY-',:C .t'LL
~~':GH"'5 ;:';'.'[~~E.R\/::C'
E~JCROACHMnlT FOR
I WATERCRAFT STOR<\GE & MOORING
FOR
IjJEFFREY BERGER .
2'W-S SPiNDRIFT ROAD .
Il/iRG!~1IA BEACH, VA 23451
MARl ",j E E~,J G i ",) EER I ~\I G
1297 BRADDOCK ~VENUE
VIRGlt\JL'; BEACH, VA 23455
PH: (757) 477-4787
I
If
REMOVE EXISTINC
MARGINAL. WHARF
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___ :,' DRAI~J".GE &
. UTILITY EASEMENT
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MARY A. CASTLEMAN
1499-99-2406
lNS.T#20Q411190184098
MB 48, Pl.s
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8. DAVID KLEOZII<>. ...
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\JOB ~IUM8ER 06210
SHEET 1 OF "2
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-~--~---~~----j
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PROPOSED PIER AND BOATLWT DETAILS
SC:i\l.E: 1" ;:-: 1;)"
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5/8" TIMBER 80LT, OGEE WASHER, HEX NUT (HOT DIPPED GALVANIZED)
16d, 20d & 30d NAILS (HOT DIPPED GALVANIZED)
10,000 LB BOAT LIFT (INSTALLED PER fAFG RECOMME~JOATIONS)
CONSTRUCTION BY WATERSIDE BARGE
$~"\J TH
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,..0 No. 034674 p:::
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CONSTRUCTION MATERIALS:
8" & 10" PILING, 2.5 peF SALT CCA TREATMEW
2" X 8" NO.2CRQSS TIE. 2:5 peF SALT CCA TREATMENT
2" X 8" NO.2 WALER, 2.5 PCF SALT CCA TREATMENT
2" X 6" OR 2" X 8" DECKING, 0.25 PCF ACQ SALT TREATMENT
DESIGN BASED mJ STANDARD PRA.CTICES. ATYPICAL SUBSOIL CO~IDITIONS HAVE NOT BEEN TAKEN INTO ACCOLJ~iT.
CO~lTACT THE ENGINEER IF PENETRATIO~j DEPTHS OF PILES C.b,t-lt"OT BE MET OR iF SOIL IS DISCOVERED ~IOT FIR~,1.
ALL DIMENSIONS AND SPECIFICATIOt-IS .A.PE MI~IIMUMS U~JLESS OTHERWISE SPECIFIED.
ENCROACHMENT FOR --'I ~\/\AR! [\1 E E !\]f: I, [',j L LL-1C? I, t\J,. r~ -\ DATUM: MLW = O.CJc-------
W/I,TERCRAFT STORAGE & fAOORI~jG - L ,1'-/ I
I 1297 8RiI,DDCCf< ?,VEt..)UE \ JOB ~~lJfA8ER 05210
\ V\RGi~J!,L\ BEf\CH, V/'- 23455 \ SHEET 2 OF 2
\ PH: (757) 4!7-4-~8-'
I __________J D~TE JULY "S, ~~_~'____~
FOR
.jEFFREY BERGER
2405 SPINDRiFT ROAD
\/iRGIN\.4 BEAC\-L 'It. 23451
- 32 -
Item V.J.6.
ORDINANCES
ITEM #56296
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to REQUEST the Virginia Department of Transportation
(VDOT) establish a project under the Congestion Mitigation and Air
Quality Program to establish traffic signal retiming; ACCEPT grants in
the amount of $1, 756,091; and, APPROPRIATE $555,791 in FY 2006-
07 for the infrastructure improvement with the City's appropriate share
of cost.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R.
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
William R. "Bill" DeSteph
April] 0, 2007
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AN ORDINANCE TO REQUEST THE VIRGINIA
DEPARTMENT OF TRANSPORTATION TO ESTABLISH A
PROJECT UNDER THE CONGESTION MITIGATION AND
AIR QUALITY PROGRAM, TO ESTABLISH CIP #2-
161, TRAFFIC SIGNAL RETIMING, AND TO ACCEPT
GRANTS TOTALING $1,756,091 AND APPROPRIATE
$555,791 IN FY 2006-07
WHEREAS, in accordance with the Virginia Department of
Transportation construction allocation procedures, it is
necessary that Council request VDOT to program an urban highway
project in the City of Virginia Beach;
WHEREAS, the City has been awarded grants totaling
$1,756,091 from the following sources: a FY 2005 Federal
Earmark grant of $430,791, a Congestion Mitigation and Air
Quality grant of $1,200,300, and a State Fiber Optic Connection
grant of $125,000;
WHEREAS, $430,791 of the Federal Earmark, and $125,000
of the State Fiber Optic Connection grants are presently
available, and of the CMAQ grant, $600,500 will be available in
FY 2007-08, and $599,800 will be available in FY 2008-09.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. That the City Council of the City of Virginia
Beach, Virginia, requests the Virginia Department of
Transportation to establish an urban system highway project for
traffic signal retiming and signal infrastructure improvements;
2. That the Council of the City of Virginia Beach
agrees to pay its share of the total cost for preliminary
engineering, right-of-way and construction of this proj ect in
accordance with Section 33.1-44 of the Code of Virginia, and
that if the City of Virginia Beach subsequently elects to cancel
this project, the City of Virginia Beach agrees to reimburse the
Virginia Department of Transportation for the total amount of
the costs expended by the Department through the date the
Department is notified of such cancellation.
3. That the City Manager is hereby
execute on behalf of the City of Virginia Beach
project agreements.
authorized to
all necessary
4. That CIP #2-161, Traffic Signal Retiming, lS
48 hereby established as a capital project.
49
50 5. That $430,791 from the Federal Government (UPC
51 82112) and $125,000 from the State (UPC 52354) are accepted and
52 appropriated to CIP #2-161, with estimated revenues increased
53 accordingly.
54
55 6. That Congestion Mitigation and Air Quality funds
56 are accepted with $600,500 (UPC T4214) to be programmed in CIP
57 #2-161 for FY 2007-08 and $599,800 (UPC T4215) for FY 2008-09,
58 with estimated revenues increased accordingly.
59
60 Adopted by the Council of the City of Virginia Beach,
61 Virginia on the 10th day of ]l.pri 1 2007.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
JOiJtK-L~~
~ ~l~~ Attorn's Offlce
CA10361
v:\applications\citylawprod\cycom32\WpdocS\D029\P002\O0030723.DOC
R-3
March 30, 2007
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\ From:
Sent:
To:
Cc:
.. Subject:
Halacy, Todd M
Thursday, December 28,20064:36 PM
Rowan, Steve A; porter, Bryant
Mike KIMBREL; 'Bob K. Gey'; 'Frank Hickman'
Virginia Beach Citywide Retiming Projects (CMAQ)
Steve/ Bryant,
I wanted to fill you in on a discussion that I had today with Mike Kimbrel (HRPDC) regarding the
new City of Va Beach CMAQ Citywide Retiming Projects (Phases'1 - 3). The projects are being
revised in a TIP/STIP Amendment to reflect the following:
. UPC T1213/ TBD Citywide Retiming Project, Phase 1
CM:\Q funding FY2007 $317K eliminate this project, funding transferred to UPC T4214/
84120
. UPC T4214/84120 Citywide Retiming Project, Phase 2 Phase 1
CMAQ funding FY2008 $283K, Add FY2007 $317K
. UPC T 4215/ TBD Citywide Retiming Project, PRase-3 Phase 2
CMAQ funding will be distributed FY2009 $600K
This should clear up the concerns that we had with these UPC's, The MPO will be reducing the
phases to only 2 in lieu of 3 and are transferring the funding as indicated above, This should help
simplify things.
Todd
Todd M. Halacy, EIT
Hampton Roads District Urban Programs Manager
Virginia Department of Transportation
1700 North Main Street
Suffolk, VA 23434
Office #: 757-925-2513
Cell #: 757-619-3564
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- 33 -
Item v.J. 7.
ORDINANCES
ITEM #56297
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to TRANSFER $167,974 from the Department of Human
Services; APPROPRIATE $53,732 infund balance from the DEA Seized
Property Fund to the FY 2006-07 Police Department operating budget re
purchase of a generator to provide emergency power to the Recovery
Center and the Law Enforcement Training Academy.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R,
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
William R. "Bill" DeSteph
April] 0, 2007
1
2
3
4
5
6
AN ORDINANCE TO TRANSFER $167,974 FROM THE
DEPARTMENT OF HUMAN SERVICES AND TO
APPROPRIATE $53,732 IN FUND BALANCE FROM THE
DEA SEIZED PROPERTY FUND TO THE FY 2006-07
POLICE DEPARTMENT OPERATING BUDGET TO PURCHASE
A GENERATOR
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
WHEREAS, the Recovery Center and the Law Enforcement Training
Academy do not have emergency power capabilities, which may present
safety concerns in the event of a sustained power outage.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That $167,974 is hereby transferred from the Department of
Human Services to the Police Department's FY 2006-07 Operating
Budget; and
2. That $53,732 is hereby appropriated from the DEA Seized
Property Fund to the Police Department's FY 2006-07 Operating
Budget to purchase a generator to provide emergency power to the
Recovery Center and the Law Enforcement Training Academy.
Requires an affirmative vote by a majority of the members of
the City Council.
Adopted by the Council of the
Virginia, on the L(U:h- day of Apri 1
City of Virginia Beach,
, 2007.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
,lvnu ~~
City Attorn's bffice
~.. V~
~ Man
CAI0359
v:\applications\citylawprod\cycom32\Wpdocs\D027\P002\O0030567.DOC
R-4
March 30, 2007
- 34 -
Item V-K.
PLANNING
ITEM # 56298
1. KINGS GRANT CITGO
2.A VAL ON CHURCH OF CHRIST
3. ROBERT and BERNICE DUMAS
4. ZION CITY OF DELIVERANCE OUTREACH
5. CALVARY CHAPEL OF VIRGINIA BEACH
6. WARDS CORNER BEAUTY ACADEMY, INC.
7. BAYSIDE CHURCH OF CHRIST
8. CITY OF VIRGINIA BEACH
MODIFICATION OF CONDITIONS
CONDITIONAL USE PERMIT
(Approved April 24, 1989)
MODIFICATION OF CONDITIONS
CONDITIONAL USE PERMIT
(Approved August 22, 1995)
NONCONFORMING USE
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITONAL USE PERMIT
CONDITIONAL USE PERMIT
April 10, 2007
- 35 -
Item V-K..
PLANNING
ITEM # 56299
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Items 1
(DEFERRED INDEFINITELY), 2, 3, 5, 6, 7 and 8} of the PLANNING BY CONSENT AGENDA.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R,
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
William R, "Bill" DeSteph
April 10,2007
- 36 -
Item V-K.l
PLANNING
ITEM # 56300
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED
INDEFINITELY an Ordinance upon application of KINGS GRANT CITGO for a Modification of
Conditions for a Conditional Use Permit (approved by City Council on April 24, 1989) at 428 North
Lynnhaven Road to add two (2) drive-through service bays:
ORDINANCE UPON APPLICATION OF KINGS GRANT CITGO FOR
A MODIFICATION OF CONDITIONS FOR A CONDITIONAL USE
PERMIT APPROVED BY CITY COUNCIL ON APRIL 24,1989,
Ordinance upon application of Kings Grant Citgo for a Modification of
Conditions for a Conditional Use Permit approved by City Council on
April 24, 1989. Property is located at 428 North Lynnhaven Road
(GPIN 1497063953). AICUZ is Less than 65 dB Ldn. DISTRICT 5 -
LYNNHA VEN
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R.
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron
A, Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
William R. "Bill" DeSteph
AprillO, 2007
- 37 -
Item V-K.2.
PLANNING
ITEM # 56301
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer. City Council MODIFIED
Conditions re an Ordinance upon application of AVALON CHURCH OF CHRIST for a
Conditional Use Permit (approved on August 22, 1995)
ORDINANCE UPON APPLICATION OF AVALON CHURCH OF
CHRIST FOR A MODIFICATION OF CONDITIONS FOR A
CONDITIONAL USE PERMIT APPROVED ON AUGUST 22,1995.
Ordinance upon application of Avalon Church of Christ for a
Modification of Conditions for a Conditional Use Permit approved on
August 22, 1995. Property is located at 844 Woodstock Road (GPIN
1456740275). AICUZ is Less than 65 dB Ldn, DISTRICT 2 -
KEMPSVILLE
The following conditions shall be required:
1. All conditions, with the exception of Number 1, attached to the Conditional Use Permit
granted by the City Council on August 22, 1995, remain in affect,
2. Condition Number 1 of the August 22, 1995 Conditional Use Permit is deleted and replaced
with the following:
Approval is for the Christian Education Building. Family Life Center,
proposed parking, and modular structure to house three Sunday-school
classes only, The approval does not include any future additions to the
Christian Education Building as indicated on the site plan.
3. Approval is for the modular structure for a maximum offive (5) years,
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer. Barbara M Henley, Vice Mayor Louis R.
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron
A, Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
William R, "Bill" DeSteph
April 1 0, 2007
- 38 -
Item V-K.3.
PLANNING
ITEM # 56302
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance
upon Application of ROBERT and BERNICE DUMAS for the exvansion of a Nonconforming Use to
enlarge their home at 2318 Calvert Street:
Resolution authorizing the expansion of a Nonconforminf! Use upon
application of ROBERT and BERNICE DUMAS to enlarge their home
at 2318 Calvert Street
DISTRICT 5 - LYNNHA VEN
The following conditions shall be required:
1, The proposed addition shall substantially conform to the submitted elevations entitled
"Addition Plans for Dumas residence ", prepared by SPC Structural Engineers, and dated
August 10, 2006, Said plans have been exhibited to the Virginia Beach City Council and are
onfile in the Virginia Beach Planning Department.
2, Exterior building materials are limited to Hardiplank siding and cedar shake, All windows,
decks and railings shall be vinyl trimmed. Roofing materials shall consist of architectural
grade shingles, Exterior building colors are limited to the earth tone palette.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R.
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron
A, Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
William R. "Bill" DeSteph
April 1 0, 2007
1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF
2 A NONCONFORMING USE ON PROPERTY LOCATED AT
3 2318 CALVERT STREET, IN THE BEACH DISTRICT
4 WHEREAS, Robert and Bernice Dumas (hereinafter the
5 "Applicants") have made application to the City Council for
6 authorization to enlarge a nonconforming use with the addition
7 of a third floor addition, second and third floor decks and an
8 elevator to one of the existing dwellings on a certain lot or
9 parcel of land having the address of 2318 Calvert Street, in the
10 R-5R Resort Residential District; and
11
12 WHEREAS, the said use is nonconforming, as there are two
13 dwellings on the subject lot, and in the R-5R Resort Residential
14 District, more than one dwelling on a single lot is not allowed;
15 and
16
17 WHEREAS, pursuant to Section 105 of the City Zoning
18 Ordinance, the enlargement of a nonconforming use is unlawful in
19 the absence of a resolution of the City Council authorizing such
20 action upon a finding that the proposed use, as enlarged, will
21 be equally appropriate or more appropriate to the zoning
22 district than is the existing use;
23
24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
25 OF VIRGINIA BEACH, VIRGINIA:
26 That the City Council hereby finds that the proposed use,
27 as enlarged, will be equally appropriate to the district as is
28 the existing use.
29
30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
31 VIRGINIA BEACH, VIRGINIA:
32 That the proposed enlargement of the existing dwelling is
33 hereby authorized, upon the following conditions:
34
35 1. The proposed addition shall substantially conform to
36 the submitted elevations entitled "Addition Plans for Dumas
37 Residence," prepared by SPC Structural Engineers, and dated
38 August 10, 2006. Such plans have been exhibited to the Virginia
39 Beach City Council and are on file in the Virginia Beach
40 Planning Department.
41
42 2. Exterior building materials are limited to Hardiplank
43 siding and cedar shake. All windows, decks and railings shall
44 be vinyl trimmed. Roofing materials shall consist of
45 architectural grade shingles. Exterior building colors are
46 limited to the earth tone palette.
47
48
49
Adopted by the
Virginia, on th~Otn
Council of the City
day of April, 2007.
of
Virginia
Beach,
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
j JJitb:JL( ill #o~
City Attorney's Office
CAI0362
v:\applications\citylawprod\cycom32\WpdoCS\D029\P002\O0030715.DOC
R-3
March 29, 2007
- 39 -
Item V-K..4.
PLANNING
ITEM # 56303
The following registered to speak in OPPOSITION:
Bernard H Johnson, 1308 Lake James Drive, Phone: 413-9103, advised his home is approximately
twenty feet from the Zion Church and he is concerned re the hours of operation.
Kathy Salonia, 1304 Lake James Drive, Phone: 420-2995, expressed concerns re soundproofing of
the building
Peggy Sansone, 1305 Lake James Drive, Phone: 424-3464, concerned re other activities of the Church
i,e, Outreach Ministries, training, fund raisers, summer camp, which would extend hours of operation.
Upon motion by Councilman Dyer, seconded by Councilman Villanueva, City Council DEFERRED until
the City Council Session of April 24, 2007, an Ordinance upon application of ZION CITY OF
DELIVERANCE OUTREACH for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF ZION CITY OF
DELIVERANCE OUTREACH FOR A CONDITIONAL USE PERMIT
FORA CHURCH
Ordinance upon application of Zion City of Deliverance Outreach for a
Conditional Use Permit for a church on property located at 5405 Indian
River Road (GPIN 1465285585). AICUZ is Less than 65 dB Ldn.
DISTRICT 1 - CENTERVILLE
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R.
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
William R. "Bill" DeSteph
April 10, 2007
- 40-
Item V-K.5.
PLANNING
ITEM # 56304
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon application of CALVARY CHAPEL OF VIRGINIA BEACH for a Conditional Use
Permit re a church:
ORDINANCE UPON APPLICATION OF CALVARY CHAPEL OF
VIRGINIA BEACH FOR A CONDITIONAL USE PERMIT FOR A
CHURCH R040734214
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Calvary Chapel of Virginia Beach for a
Conditional Use Permit for a church on property located at 5228 Indian
River Road (GPIN 1465483186). AICUZ is Less than 65 dB Ldn.
DISTRICT 2 - KEMPSVILLE
The following conditions shall be required:
1, The applicant shall obtain all necessary alteration permits and a Certificate of Occupancy for
the change of use from the Department of Planning / Permits and Inspections Division and
the Fire Departmentfor a religious facility,
2, There shall be no more than 140 individuals, or the number of individuals approved by the
Building and Fire Officials, whichever is less, on the site during services.
3. Parking shall be permitted on-site or within parking spaces of which other tenants have given
the church written permission to park. The church shall keep onflle all notices where other
tenants have granted permission to utilize such parking.
4. All signs on the site shall be in conformance with the Zoning Ordinance in regards to signage
regulation. The existing roof sign must be removed.
5. Internal coverage landscaping and residential screening shall be in conformance with the Site
Plan Ordinance and Zoning Ordinance.
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of April Two Thousand
Seven
April] 0, 2007
- 41 -
Item V-K.5.
PLANNING ITEM # 56304 (Continued)
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R,
Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
William R. "Bill" DeSteph
April 10, 2007
- 42-
Item V-K.6.
PLANNING
ITEM # 56305
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon application of WARDS CORNER BEAUTY ACADEMY, INC. for a Conditional Use
Permit re a beauty school:
ORDINANCE UPON APPLICATION OF WARDS CORNER BEAUTY
ACADEMY, INC. FOR A CONDITIONAL USE PERMIT FOR A
BEAUTY SCHOOL R0407342I5
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Wards Corner Beauty Academy, Inc. for
a Conditional Use Permit for a beauty school on property located at 544
Newtown Road #160-100 (Part of GPIN 1468303340), AICUZ is less
than 65 dB Ldn. DISTRICT 2 - KEMPSVILLE
The following condition shall be required:
1. All applicable building permits and occupancy permits shall be obtained as required by the
Building Official's Office.
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 Tenth of April Two Thousand
Seven
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R,
Jones, Reba S. McClanan, Mayor Meyera E. OberndorJ, John E. Uhrin, Ron
A, Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
William R. "Bill" DeSteph
April] 0, 2007
- 43 -
Item V-K.7.
PLANNING
ITEM # 56306
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon application of BAYSIDE CHURCH OF CHRIST for a Conditional Use Permit re a
church:
ORDINANCE UPON APPLICATION OF BAYSIDE CHURCH OF
CHRIST FOR A CONDITIONAL USE PERMIT FOR A CHURCH
R040734216
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Bayside Church of Christ for a
Conditional Use Permit for a church on property located at 5025 Shell
Road (GPIN 1479035524), AICUZ is Less than 65 dB Ldn. DISTRICT 4
- BA YSIDE
The following conditions shall be required;
1. All of the conditions attached to the Conditional Use Permit approved by the City
Council on April 9, 1996 shall remain in effect.
2. The site shall be developed substantially in accordance with the submitted preliminary site
plan entitled "BAYSIDE CHURCH OF CHRIST, 5025 SHELL ROAD", dated 1/2/07, and
prepared by Engineering Services, Inc. The plan has been exhibited to the Virginia Beach
City Council and is onfile with the Virginia Beach Department of Planning,
3. The building shall be constructed substantially in accordance with the submitted preliminary
drawings for "BA YSIDE CHURCH OF CHRIST, VIRGINIA BEACH, VIRGINIA ", dated
November 20,2002, and prepared by Barnes Design Group, p,c. The plan has been
exhibited to the Virginia Beach City Council and is onfile with the Virginia Beach
Department of Planning.
4. The applicant shall submit a photometric (lighting) plan for review and approval.
This Ordinance shall be effective in accordance with Section 107 (/) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of April Two Thousand
Seven
April] 0, 2007
- 44-
Item V-K.7.
PLANNING ITEM # 56306 (Continued)
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R.
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
William R. "Bill" DeSteph
April] 0, 2007
- 45 -
Item V-K. 8.
PLANNING
ITEM # 56307
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon application
ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA
BEACH FOR A CONDITIONAL USE PERMIT FOR THE FILLING OF
A BORROW PIT R040734217
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of the City of Virginia Beach for a
Conditional Use Permit for the filling of a borrow pit on property
located on the east side of Oceana Boulevard, approximately 2890 feet
north of Credle Road (GPINs 2417203479; -3629; -1699; -3952;
2417226139; 2417129346), AICUZ is Greater than 75 dB Ldn.
DISTRICT 6 - BEACH
The following conditions shall be required:
1. Access to the site andfilling of the pit shall be consistent with the submitted plan entitled,
"Preliminary Site Plan of Proposed Filling of Borrow Pit, " dated May 15, 2006.
2. Only non-hazardous materials shall be deposited on this site.
3, If at any time, the disposal site presents a potential hazard to aircraft operations from NAS
Oceana, the applicant shall take action to correct the situation creating the hazard or
terminate operation of the facility,
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 Tenth of April Two Thousand
Seven
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R,
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
William R. "Bill" DeSteph
April] 0, 2007
- 46-
Item v.L.
APPOINTMENTS
ITEM # 56308
BY CONSENSUS, City Council RESCHEDULED:
HEALTH SERVICES ADVISORY BOARD
April] 0, 2007
- 47-
Item V-O.
ADJOURNMENT
ITEM # 56309
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:37 P.M.
~~___d!:.!~!!~
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
Q~~~
~odges Fraser, MMC
City Clerk
---------------------------------
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
April] 0, 2007