HomeMy WebLinkAboutMARCH 3, 1998 MINUTES
-it' -I i-E A 1
"WORLD'S LARGEST RESORT CrrY'
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large
JOHN A. BAUM, Blackwater Borough
LINWOOD O. BRANCH, III, Virginia Beach Bourough
WILLIAM W. HARRISON, JR., Lynnhaven Borough
HAROLD HEISCHOBER, At-Large
BARBARA M. HENLEY, Pungo Borough
REBA S. McCLANAN, Princess Anne Borough
NANCY K. PARKER, At-Large
LOUISA M. STRAYHORN, Kempsville Borough
JAMES K. SPORE, City Manager CITY COUNCIL AGENDA ";,@N fA "PAIII
LESLIE L. LILLEY, City Attorney
RUTH HODGES SMITH, CMC/AAE, City Clerk
MARCH 3, 1998
I. CITY MANAGER'S BRIEFINGS - Conference Room - I 1:00 AM
A. CITY SPONSORSHIPS
Ron Kuhlman, Director of Marketing & Sales, Convention & Visitor Development
B. PUBLIC INVESTMENT PROTECTION POLICY
Robert J. Scott, Director, Planning
II. GENERAL ASSEMBLY ACTIONS
III. REVIEW OF AGENDA ITEMS
IV. CITY COUNCIL CONCERNS
V. INFORMAL SESSION - Conference Room - 1:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
VI. FORMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: The Reverend Charles Faul
Church of the Apostles
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS February 24, 1998
G. AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
The Consent Agenda will be determined during the Agenda Review Session and considered in the
ordinary course of business by City Council to be enacted by one motion.
I. PUBLIC HEARING
1. EXCESS CITY REAL ESTATE PROPERTY
Southeast corner of Independence and South Boulevards (KEMPSVILI,E
BOROUGH)
J. ORDINANCES/RESOLUTION
1. Ordinance to declare EXCESS PROPERTY of a parcel adjacent to TRIANGLE
BUILDERS at the Southeast corner of Independence and South Boulevards (4669 South
Boulevard); and, authorize the City Manager to dispose of same (KEMPSVILI,E
BOROUGH)
2. Ordinances to AMEND
a. Chapter 2, Article XXVI re staff assistance and conducting the business of the
Human Rights Commission
b. Section 10-2 re new Precinct Map showing election precincts and polling places.
3. Ordinances to authorize temporary encroachments:
a. Into a portion of the 300-foot drainage easement at 225 Arrowfield Road by Tony
and Denise Bolinsky re construction and maintenance of a walkway, dock and
covered boatlift (1,YNNHAVEN BOROI'GH)
b. Into a portion of the 10-foot drainage easement at 1460 Laurel View Drive by Daniel
H. and Susan R. Flye re construction and maintenance of a wharf, boatlift and
existing bulkhead (LYNNHAVEN BOROUGH).
c. Into a portion of the drainage easement at 5193 Shorecrest Court by Joan Shockley
re construction and maintenance of a bulkhead, pier and existing deck
(KFMPSVILLE BOROI J(JH)
4. Ordinances to appoint viewers:
a. In the petition of the Virginia Beach School Board for the closure of a portion of
15th Street between Baltic and Mediterranean Avenues, containing 16,250 square
feet in the Shadowlawn area (VIRGINIA BEACH BOROUGH).
b. In the petition of O & R, Inc., a Virginia Corporation, for the closure of a portion
of Powhatan Avenue from West Stratford Road to Shore Drive, located between
Blocks 40 and 46. Plat of Ocean Park. containing 0.748 acres (BAYSIDE
BOROI ll(;f 1)
5. Resolution to AUTHORIZE the promulgation of Amendment Number 4 of the Public
Works Specification and Standards Manual.
6. CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY:
Five Star Limousine
Tom's Limo Service
7. License Refunds: $38,909.57
K. PUBLIC HEARING - PLANNING
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
1. Ordinance in the petition of VIRGINIA BEACH MARLIN CLUB, INC., AND
WALTER CASON BARCO for the discontinuance, closure and abandonment of the
following parcels (VIRGFNIA BEACH BOROUGH)
Parcel 1. Portion of Greensboro Avenue beginning at the Northwest
intersection of Greensboro Avenue and Mediterranean Avenue, running a
distance of forty-eight (48) feet along the Northern property line (Southern
boundary of Block 30, Shadow Lawn Heights) and running in a
Southeasterly direction to the Southwest intersection of Greensboro
Avenue and Mediterranean Avenue, containing 1,327 square feet.
Parcel 2: Portion of Mediterranean Avenue, running a distance
of forty-one (41) feet along the Eastern property line (Western boundary of
Lot 1, Block 18, Shadow Lawn Heights) and running in a Northwesterly
direction to the Southwest intersection of Greensboro Avenue and
Mediterranean Avenue, containing 1,547 square feet.
Deferred for Compliance 28 January 1992
Additional Deferrals: 11 August 1992; 9 February 1993;
08 February 1994; 14 February 1995;
13 February 1996; 11 February 1997;
12 August 1997
02 February 1997
Recommendation: FINAL APPROVAL
L. APPOINTMENTS
FRANCIS LAND HOUSE BOARD OF GOVERNORS
PERSONNEL BOARD
VIRGINIA BEACH CRIME TASK FORCE
YOUTH SERVICES COORDINATING COUNCIL.
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
FY 1998-1999 OPERATING BUDGET & CAPITAL IMPROVEMENT PROGRAM SCHEDULE
EVENT DATE TIME PLACE
Budget & CIP Presentation Tuesday, March 31 Noon Council Chamber
(Special Meeting)
Council Workshop Thursday, April 2 3:00 PM - 5:00 PM Conference Room
Council Workshop Tuesday, April 7 10:00 AM - Noon Conference Room
Council Workshop Tuesday, April 14 10:00 AM - Noon Conference Room
Public Hearing Thursday, April 16 7:00 PM Larkspur Middle School
Council Workshop Tuesday, April 21 3:00 PM - 5:00 PM Conference Room
Council Workshop Tuesday, April 28 2:00 PM - 4 00 PM Conference Room
Public Hearing Tuesday, April 28 6:00 PM City Council Chamber
Election Day - No Council Meeting Tuesday, May 5
Reconciliation Workshop Wednesday, May 6 3:00 PM - 5 00 PM Conference Room
Adopt Budget & CIP Tuesday, May 12 2:00 PM City Council Chamber
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERKIS OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305(TDD -'Telephonic Device for the Deaf)
02/26/98cmd
AGENDA\03-03-98.itm
www.virginia-beach.va.us
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
March 3, 1998
Mayor Meyera E. Oberndorf called to order the BRIEFINGS in the Council Conference Room, City Hall
Building, on March 3, 1998. at 11:00 A.M.
Council Members Present
John A. Baum, Linwood 0. Branch, 111, Ilarold Heischober,
Barbara M. Henley, Loui,@ R. Jonev, Reba S Af(-Clanan anti Mayor
Meyera E. Oberndort
Council Members Absent
Vice Mayor William D. Sevsoms, lr [BANK BUSINES.S
EN-I'EREI) 12. /0 P.M.]
William W Hart-ivon,,Ir IIIL W17'lf Fit /
Nancy K. Parkei IFNTFREI) // 12A.M.]
Louisa A4, @travhot-it /h'A /ER[,,/ /1 IO A.M.]
CITYMANAGER'S BRIEFINGS
CITY SPONSORSHIPS
11:00 A.M.
ITEM # 43294
Ron Kuhlman, Director of Marketing & Sales, Convention and Visitor Development, advised Municipal
Sponsorship is a promotional strategy which links a company's product to community services and activities
in order to achieve mutually agreed upon objectives for the company and the municipality. While somewhat
in its infancy, Municipal Sponsorship is one of the sponsorship industry's fastest growing segments.
According to the International Events Group, the nations leading sponsorship organization, Municipal
Sponsorship generates over $20-MILLION annually for municipalities across the country, As municipal
budgets face increasing pressures, the need for additional revenue from non-traditional sources is crucial.
Rather than turning to residents for additional tax revenue, municipalities are earning incremental revenue
from the marketing potential offered by municipal programs and venues. The potential of nontelevised,
nonsports type sponsorships is very large. By combining all of the assets of this venue, Ocean City
maximized its return. It was this example that prompted the question from a local sponsorship company.
"What about Virginia Beach, what is this City doing in the sponsorship arena?" Convention and Visitor
Development sought to answer that question with a team of representatives from Parks and Recreation
Department, City Attorney's Office, Finance, Purchasing, Department of Museums and Convention and
Visitor Development. Mr. Kuhlman advised the purpose of the report:
Provide aframework of information and considerations on the
topic of Municipal Sponsorships
Provide alternative courses of action to the Sponsorship issue
Provide a staff recommendation for the conduct of Municipal
Sponsorship activities.
Mr. Kuhlman cited examples:
The City of Buffalo has agreements for several multi-year
sponsorships, including an agreement with a health-care insurer
and another agreement with a local paint manufacturer. The City's
largest sponsorship is with North American Health Plans, Inc. This
agreement gives the company title right to the city-owned minor-
league baseball stadium. This 13-year deal involves $300,000 per
year to be paid to the City which will generate almost $4-
MILLION for the City over the life of the agreement. This stadium
will be known as the North American Health Plan Stadium of
Buffalo. Buffalo is also the headquarters at Pratt & Lambert
Paint Corporation. Pratt & Lambert has received "Designated
City Partner" status. The City will receive paint worth $80,000
from the local paint manufacturer, Pratt & Lambert.
In Los Angeles County, California, Naya Natural-Spring Water
is a sponsor of the County beaches and lifeguard program. This
three-year agreement is in exchange for signs and "official water
status"; $72,000 in cash, 35% of income from sales by licensed
beach vendors and 20% of sales from Naya logo beachwear. The
company's agreement with Los Angeles County also provides
sponsorship of the county's lifeguard team in exchange for
$10,000 in cash and uniforms worth $5,000.
In early 1997, Ocean City, Maryland, secure three sponsorships
for a total of approximately $1.2-MILLION. Coca-Cola signed a
five-year $1.1-MILLION contract: Esskay, a packaged meat
marketer, signed a $50,000 contract; Panama Jack sun care
products signed a $37,000 contract. The Parks and Recreation
Director noted that in addition to the $1.2-MILLION in
Sponsorship from Coke, Coke gave the town a special product
price which would generate an additional $4-MILLION in profits
for Ocean City over the life of the agreement. Of the $1.2-
MILLION, $662,000 was cash sponsorship with the remainder,
comprised of product advertising for the City and other trade
deals.
3
CITY MANAGER'S BRIEFINGS
CITY SPONSORSHIPS
ITEM # 43294 (Continued)
The current reality in the City of Virginia Beach is Municipal Sponsorship activities are currently being
conducted by some departments.
Parks and Recreation Department staff, in addition to other
duties, are actively soliciting sponsorships for special events.
In the Department of Convention and Visitor Development, part
of the Beach Events contract with Cellar Door requires Cellar
Door pursue both cash and in-kind sponsorships to supplement the
City's major event and general entertainment programs at the
Oceanfront. In 1997, approximately $87,000 in sponsorship
income was raised to expand the total operation budget for this
program.
The Pavilion Convention Center is currently looking for a title
sponsor to fund the "Youth Enrichment Series", performances for
children ages three to eight. For $5,000 cash, a Title sponsor will
have its name included in the title of the series. i.e. "The ABC
Company's Youth Enrichment Series".
The Virginia Marine Science Museum secures income via
philanthropy, capital campaigns, and membership drives as
opposed to "sponsorships ". There has been a total in excess of
approximately $6 to $7-MILLION raised to date for the success of
the Museum.
In 1997, the Virginia Beach School Board approved the
acceptance of sponsorship by corporations and other private
entities as a means of revenue enhancement for interscholastic
activities.
1997 SPONSORSHIP ACTIVITIES
CITY DEPARTEMENTS
DEPARTMENT CASH IN-KIND PURPOSES
Sponsorships Sponsorships
Libraries $ 500 $ 9,500 Summer reading club
EMS $ 3,000 Video production
Parks & Recreation $30,686 $48,711 Special events/festivals
Video Services $ 300 $ 1,000 Sentara Wellness
Program video
Agriculture $ 1,500 $ 500 Special events/festivals
Fire $17,000 $ 5,000 Monster Fire
Truck/Kidzshow
Human Resources $ 500 Virginia Power
provided Human
Rights Commission
program
TOTAL $53,486 $64,711
4
CITY MANAGER'S BRIEFINGS
CITY SPONSORSHIPS
ITEM # 43294 (Continued)
Mr. Kuhlman cited Organizational Considerations:
Integrity of City Services
Tobacco and Alcohol Sponsorships
Purchasing and Procurement considerations
Legal considerations
Lack of consistent approach among city departments
Use of Revenue
In reviewing the national trends on this subject, there are four basic alternatives to managing City
sponsorships.
1. The first alternative is to not allow Municipal
Sponsorship activities within the City. On a national
level, this is the most common approach because most
municipalities are too busy with the day-to-day
operation of running a City to look to the future and see
the potential revenue streams that sponsorships
generate. The idea of government acting in a commercial
manner is still a fairly new and uncomfortable concept
for many municipalities.
2. A second alternative is to maintain the status quo.
Currently sponsorship activities are conducted on a
case-by-case, department-by-department, basis without
formal guidelines or City Council adopted policy.
3. A third alternative of coordinating sponsorship involves
taking the City's current activities to a higher level
With this alternative, a sponsorship policy based on the
City's values and on input from other municipalities, is
established. This policy serves as the City's "game
plan" and is used by all departments interested in
Sponsorship opportunities. The sponsorship policies are
overseen by a citywide coordinator and an
interdepartmental sponsorship committee, with
representation from legal, purchasing and those
departments that are major sponsorship stakeholders.
The City coordinator and the committee oversees all City
departments' efforts as well as serves as the Point of
contact for agencies or corporations that wish to submit
sponsor proposals to the City.
4. Another alternative to this issue involves writing and
issuing an RFP for a third-party sponsorship agency to
solicit sponsorships on behalf of Virginia Beach. In this
scenario, the agency creates packages, solicits sponsors
and puts the potential sponsor at the negotiating table
with City staff. Compensation to a third party agency
would be in the form of commissions on the amount of
sponsorship revenue received by the City.
The following alternatives outline suggested allocation of any revenue generated by the City of Virginia
Beach sponsorship activities:
Cash is allocated to the City's general fund
Cash and in-kind goods/services remain within the sponsored
department's budget
March 3, 1998
CITY MANAGER'S BRIEFINGS
CITY SPONSORSHIPS
ITEM # 43294 (Continued)
It is the recommendation of this report that the current informal City handling of this issue be upgraded to
a more formalized approach. As outlined in alternative three, a designated citywide Sponsorship
Coordinator and Interdepartmental Oversight Committee would serve as Managers of the City's
sponsorship issues. The Coordinator and Committee would be charged with the following:
Creating a formal citywide sponsorship guideline
Educating one or more staff persons of each department on
Municipal Sponsorship practices and the city's policies
Assisting departments in their creation of Vponsor packages
Keeping departments updated as to which sponsorv are being
solicited by what departments
Directly receiving/reviewing sponsor proposals presented by
outside agencies or corporations
Working with the legal department and the Purchasing Agent to
ensure contracts are satisfactory
Communicating with the Purchasing Agent concerning such
issues as suppliers, vendors and product exclusivity
Staying abreast of the trends in the dynamic new industry of
Municipal Sponsorship.
During the implementation phase interested departments would decide whether they want to create a
position to coordinate their sponsorship activities or whether existing departmental staff would be assigned
sponsorship coordination as an added job responsibility. Until the City becomes very aggressive in
Municipal Sponsorship, the latter is much more likely for most departments and there would be little or no
adverse impact on department budgets. It is further recommended sponsorship income be allocated to the
department where the sponsorship agreement originated Regarding income from citywide cash
sponsorships, a determination would be made to allocate this revenue to general City services or for a
specific program or service needing City funding. In-kind sponsorship goods and services would be allocated
to the department that obtained them.
Assistant Attorney Randy Blow advised all sponsorship agreements be in the form of a written contract to
be reviewed by a centralized committee for uniformity. It would depend upon the level of the contract,
whether same would be considered by City Council Sponsorships of approximately $100,000 plus would
be coming to the City Council; however, Mr. Blow did not believe the smaller sponsorships should be
considered for formal action. The Committee might wish to bring forward recommendations relative
enumerations ofsponsorship agreements which they wish to bring forward to City Council and those which
could be accomplished unilaterally by staff.
Mr. Kuhlman advised the Virginia Beach Schools' Policy went into effect June 1997 and established an
Oversight Committee. At this particular time, the revenues received by the Schools are strictly to help
support interscholastic sports. There is nothing more aggressive than signs along gymnasium walls.
Concern was expressed relative littering of City by signs displaying company names as campaign signs.
Aesthetics should be considered. Discretion should be utilized in granting these sponsorships so the City
does not look like it is "for sale". Some departments are in a disadvantage when revenue can only be
allocated to the department where the sponsorship agreement originated. Revenue sources should be utilized
to benefit the public and overall City needs.
A cost benefit study shall be provided relative which of the methods would be most appropriate. A
recommended list of appropriate products should also be provided. Other alternatives should be devised
rather than the sponsorship income he allocated to the department where the sponsorship agreement
originated. Sponsorships can be used to promote the image of the City.
A list of appropriate places to enter into these exclusive agreements will be provided. A list of present
donations received by the various City Departments shall be provided i.e. the Agriculture Department
receives $100 to $200 from the from the Agribusiness Community for the "Man of the Year".
March 3, 1998
City of Virginia Beach
Convention & Visitor Development
21 01 Parks Avenue, Suite 500
Virginia Beach, VA 23451
(757) 437-4700
(757) 437-4747 (Fax)
Me@morandum
DATE: May 5, 1998
TO: James K. Spore, City Manager
FROM: James B. Ricketts, Director
RE: SPONSORSHIP COMMITTEE FOLLOW-UP REPORT
Jim, attached is the subject report which has been completed as a follow-up to the committee's
Policy Report presented to City Council on March 3, 1998.
Ron Kuhlman is prepared to lead a briefing to City Council on the contents of the report at the May
12, 1998 Council Meeting.
Please let me know if you have any questions.
JBR:RK:ld
Attachment
City of Virginia Beach
Convention & Visitor Development
21 01 Parks Avenue, Suite 500
Virginia Beach, VA 23451
(757) 437-4700
(757) 437-4747 (Fax)
Memorandum
DATE: May 5,1998
TO: James K. Spore, City Manager
Meyera E. Oberndorf, Mayor
Members of City Council
FROM: James B. Ricketts, Director
RE: MUNICIPAL SPONSORSHEP POLICY REPORT FOLLOW UP
The purpose of this memo is to Present to City Council answers to questions that were asked during
the Municipal SPONSORSHIP Policy Report bnefing at the March 3, 1998 City Council City's
briefing, and to review proposed Sponsorship Policy Guidelines. During the staff presentation, four
alternative courses of action to the sponsorship issue were discussed. At the conclusion of the
briefing, Staff was directed to present to Council an implementation plan, sponsorship policy
guidelines, and answers to the questions asked during the briefing. The four alternatives and
recommended course of action are as follows:
1) Not to allow municipal sponsorship activities within the City.
2) Maintain the status quo with sponsorship activities conducted on a case-by-case,
departinent-by-departinent basis with no formal guidelines on City Council adopted
policy.
3) Take the City's current sponsorship activities to a higher level. With this alternative,
a sponsorship policy based on the City's values and on input from other
municipalities is established. This policy serves as the City's game plan and is used
by all departments interested in sponsorship opportunities. The sponsorship policies
are overseen by a citywide coordinator and an interdepartmental sponsorship
committee, with representation from legal, purchasing, and those departments that
are major sponsorship stakeholders. The coordinator, committee, and departmental
sponsorship representatives create and pitch packages to potential sponsors. The
legal department reviews the contracts, and the City department with whom the
sponsor has reached an agreement fulfills the contractual obligations. The City
coordinator and the committee oversees all City departments' efforts as well as
serves as the point of contact for agencies or corporations that wish to submit sponsor
proposals to the City.
4) Issue an RFP for a third-party sponsorship agency to solicit sponsorships on behalf
of Virginia Beach. In this scenario, the agency creates packages, solicits sponsors,
and puts the potential sponsor at the negotiating table with City staff. Compensation
to a third party agency is in the form of commissions on the amount of sponsorship
revenue received by the City.
City staff recommended that the current, informal City handling of this issue be upgraded to a more
formalized approach. As outlined in alternative three above, a designated citywide sponsorship
coordinator and interdepartmental oversight committee would serve as the City's managers of
sponsorship issues. The coordinator and committee would be charged with the following:
. creating a formal, citywide sponsorship guideline (see attached draft)
. educating one or more staff persons of each department on municipal sponsorship
practices and the City's policies,
0 assisting departments in their creation of sponsor packages,
. keeping departments updated as to which sponsors are being solicited by what
departments,
. directly receiving/reviewing sponsor proposals presented by outside agencies or
corporations,
. working with the legal department and the Purchasing Agent to ensure contracts are
satisfactory,
. communicating with the Purchasing Agent conceniing such issues as suppliers,
vendors, and product exclusivity,
. staying abreast of the trends in the dynamic new industry of municipal sponsorship.
During the implementation phase, interested departments would decide whether they want to create
a position to coordinate their sponsorship activities, or whether existing departmental staff would
be assigned sponsorship coordination as an added job responsibility. Until the City becomes very
aggressive in municipal sponsorship, the latter is much more likely for most departments and there
would be little or no adverse impact on department budgets.
How Are Sponsorship Funds To Be Allocated?
It was the recommendation of staff that sponsorship cash income be allocated to the department
where the sponsorship agreement originated. This recommendation would apply to situations where
the department sponsorship is solicited for a specific departmental program or event. If a department
is successful in growing the sponsorship opportunity to cover multiple departments, then the aeected
departments would share that sponsorship income. When a department or the City Sponsorship
Coordinator is successful in generating a City-wide sponsorship a determination whether to allocate
this revenue to the general fund or to specific program or service would need to be made through
staff recommendation. In-kind sponsorship goods and services would be allocated in the same
manner as cash income as indicated above.
What Do Our Citizens Think About City Sponsorships?
At the suggestion of Council, Virginia Beach residents were surveyed to identify their opinions
about using sponsorships as a source of revenue for Virginia Beach. A questionnaire was drafted
by Continental Research based on information they received from City staff. During the survey only
heads of households over the age of 19 were included, and a total of 300 surveys were completed.
The vast majority (88.7%) of the respondents thought the City needed to find new sources of revenue
to avoid raising taxes and 89% of the respondents were in favor of the City having corporate
sponsors for facilities and events. The following are selected highlights from the survey:
. 88.7% thought the City needed to find new sources of revenue to avoid raising taxes;
. 42.0% mentioned "GTE." when asked if they knew the current name of the Virginia
Beach Amphitheater;
. 89.0% were in favor of the City having corporate sponsors for facilities and events;
. 66.7% thought it was "Very Important" for the City to have a written policy for
sponsorship agreements;
a 51.3% thought it was "Very Important" for the City to avoid sponsors such as alcohol
and tobacco; 26.3% thought it was "Not Important";
. when asked about the importance of controlling signage and other types of publicity
offered to sponsors, 63.0% said it was "Very Important"; 9% thought is was "Not
Important.,,
. Those who participated in the survey have lived in the City for an average of 16.2
years.
0 58.3% thought the real estate and other city taxes were "Rather High"; 39.3%
thought they were "About Pight."
. 66.9% were homeowners.
. 77.3% said they will still be living in Virginia Beach 5 years from now.
The complete survey is quite extensive and will be distributed under separate cover.
What Types Of Products Are Available For Sponsorships?
To answer that question we have attached a list of sponsorship categories developed by the
International Events Group (IEG), based in Chicago, Illinois. Products on the list marked with an
asterisk indicate a product category for which further discussion would be required according to the
suggested sponsorship guidelines. This list will also be part of the Guidelines to Municipal
Sponsorship Opportunities" which accompanies this memo.
What Types Of Exclusive Or Official Sponsorships Are Available?
Opportunities for "exclusive" partnerships exist, but are not limited, to products sold in City vending
machines, City recreation centers, and City sponsored events. "Official product" status for sun care
products, photographic film, and credit cards and sporting goods products could also be negotiated.
What Are The Comparative Costs For City Staff Versus A Contracted Sponsorship Firm?
Staff and Council have discussed the pros and cons of City staff assuming the responsibility of
soliciting sponsorships versus the use a contracted third party sponsorship firm. From a cost
standpoint the duties of the recommended staff City Sponsorship Coordinator position can be
utilized with no increase in staff or payroll. The process would involve the support of a Sponsorship
Executive Committee (SEC) comprised of City staff and a Sponsorship Input Comniittee (SIC),
comprised of City staff and a broad based group of citizen stakeholders.. The City staff group (SEC)
would be responsible for recommending sponsorship policy to the City Manager and to City Council.
The community based group (SIC) would be responsible for operational oversight of the overall
program. Descriptions of all three entities are an integral part of the draft "Guidelines to Municipal
Sponsorship Opportunities". With this option the City has the opportunity to accept a variety of
sponsorship proposals from multiple sponsorship firms.
Sponsorship firms are compensated in a variety of plans including: a combination of a monthly
retainer and commission, straight commission, or graduated commission scale based on volume or
a combination of the above. Monthly retainers are usually applicable in the case of an exclusive
relationship between the sponsorship fmn and their client. The retainer plan compensates the
sponsorship fam for the time spent in developing sponsorship income and to cover some operating
expenses. In the case of straight commission the city incurs no costs until a sponsorship is sold. In
the case of a retainer, the City incurs up front and continuing expense in the amount negotiated by
both parties.
The staff recommended City Sponsorship Coordinator option avoids up front expenses and the
inflexibility created by being locked in with one sponsorship firm.
What About "Title Rights" Sponsorships?
"Title rights" are sponsorships similar to the GTE title on the Virginia Beach Amphitheater and
could be considered for a variety of City owned facilities including The Virginia Beach Sportsplex
Multi Purpose Stadium, City owned Oceanfront Parks, and City owned recreation facilities such as
a new softball complex. These are usually long term contracts that have strong public policy
considerations and should be approved by City Council.
What Is The Approval Process For City Sponsorships?
Staff recommends that the Sponsorship Executive Committee develop threshold guidelines for staff
approval of sponsorship agreements. In general, routine sponsorship agreements would go through
an approval process through the City Sponsorship coordinator. It is felt that City Council should be
consulted on agreements of $100,000 or more, and/or sponsorships involving "title rights" or as
otherwise directed by Council..
Where Do We Go From Here?
Staff is asking that City Council direct the City Manager to formalize the enclosed Guidelines to
Municipal Sponsorship Opportunities, to establish the working sponsorship committees as outlined
above and in the draft guidelines and to proceed to solicit sponsorship opportunities on behalf of the
City of Virginia Beach.
Submitted by: Reviewed by:
I%partment Director Man@'
Date: Date:
The City of Virginia Beach
Guidelines to
Municipal Sponsorship Opportunities
DRAFT COPY
Definition:
Municipal sponsorship is a promotional strategy which links a company's product to community
services and activities in order to achieve mutually agreed upon commercial objectives for both
the company and the municipality.
Intent:
The specific intent of the municipal sponsorship program is to permit the city and its departments
to obtain funds to offer programs or services that they might not otherwise be able to offer to the
city's residents, visitors, and employees. Sponsorship income should not be used to sustain those
programs and services that are no longer cost effective or desired by city customers/stakeholders.
Sponsorship income should not be budgeted for as it is not a steady, reliable revenue source.
1.0 Sponsorship Solicitation:
1.0 City Council authorizes city departments to competitively solicit municipal sponsorships
for city programs, events, venues, and activities subject to the conditions contained
herein.
1.0.a. Solicitation is authorized to be conducted by city staff only, or the city's
contracted designee.
1.1. Companies offering potentially controversial products or services or providing
advertising that is contrary to the values of the city shall be evaluated for their
appropriateness and potential adverse affect. For example:
1) A cigarette company shouldn't sponsor an employee health fair.
2) A company with which the city is in litigation shouldn't be a sponsor.
1.2. Tobacco and alcoholic beverage (including beer) sponsorships shall not be proactively
solicited.
1.3. Only sponsorships from U.S. firms shall be solicited and accepted.
1.3.a. Solicitation of foreign corporations having U.S. subsidiaries is authorized, e.g.
Toyota of America, etc.
1.4. Only those suppliers or manufacturers that supply or produce personal consumer products
or services may be a city sponsor.
1.4.a. A company whose only product is not available for personal consumer use does
not meet the qualifications to sponsor a city event.
1.5. Whenever practicable, all sponsorships shall be competitively solicited by the citywide
sponsorship coordinator, requires the notification of companies having the product
or service you deem appropriate for an event.
1.5.a. Announcements of city sponsorship opportunities shall be placed in appropriate
publication(s) (e.g., the local newspaper, city-related publications, and
sponsorship-related publications) to be reasonably assured of notifying potential
sponsors.
1.5.b. For sponsorship packages in excess of $100,000 cash sponsorship, the
departinent's sponsorship coordinator shall contact other prospective sponsors
that produce, manufacture, or supply/distribute the same product or service.
1.6. All city employees shall refrain from informal sponsorship solicitation.
1.6.a. Informal sponsorship solicitation is completely contrary to these guidelines and,
more importantly, may cause someone to inadvertently violate the city's
values.
1.6.b. A businesslike, "arm's length" relationship shall be maintained between
departments and prospective sponsors.
1.7. Sponsorship agreements shall be reviewed and approved by the city's legal department
and signed by the sponsored department's director or citywide sponsorship coordinator.
1.7.a. Caution shall be used to not inadvertently imply that the city officially endorses
any company, sponsor, or their products or services. A disclaimer (shown in
Addendtun B) shall be used for all sponsorships.
1.8. Sponsorship opportunities shall be communicated to and coordinated with the city's
designated sponsorship coordinator to ensure that the sponsorship shall not violate
existing understandings or agreements.
1.8.a. Each department shall designate, in writing, the city employee authorized to
solicit sponsorship for that department.
1.8.b. The designated city sponsorship coordinator shall be a staff member of (TBD)
department and shall be charged with the responsibilities in Addendum A.
2
1.9. Unsolicited sponsorships shall be treated the same as solicited sponsorships except that
they have been wholly and entirely initiated by the prospective sponsor without prior
knowledge of the needs of the city department, program, event, or venue.
2.0 Sponsor-ship Opportunities:
2.0. The following are examples of available sponsorship opportunities:
2.0.a. Signs (quantity, size, design and location to be determined)
2.0.b. Banners (quantity, size, design and location to be determined)
2.0.c. Logos on publicity materials (programs, posters, ads, tickets, etc)
2.0.d. Acknowledgment in news releases and media.
2.0.e. Verbal announcements.
2.0.f. On-site displays.
2.0.g. Product sampling. Samples of a sponsor's product (excluding alcohol and
tobacco products) may be given to attendees subject to city ordinance guidelines.
2.0.h. Merchandising opportunities
2.0.i. Exclusivity for product or service category
2.0.j. Hospitality (designated parking, seating, tickets, etc.)
2.0j. Right of first refusal as defined within the sponsorship contract.
2.0.k. Title recognition (name of event, venue, etc. titled after sponsor). 'Ihe proposal to
title a venue shall be presented to council, voted upon, and, upon approval, signed
by the city manager.
2.0.l. Other opportunities shall be considered on a casc-by-case basis.
2.1. The following are not authorized as sponsorship opportunities:
2.1.a. TV, video, or audio rights to city events unless prior, written approval is obtained
from the sponsorship committee.
2.1.b. Use of the city name, seal, or other insignia.
2.1.c. City owned vehicles.
2. l.d. City uniforms.
2. l.e. City property other than 2.0.k. above, e.g., city parks, the oceanfront greenbelt,
unless approved by the SIC.
3.0 Selecting the Appropriate Sponsor:
3.0 The city shall select the most appropriate sponsor taking into account the following:
financial value, compatibility with the city's image, quality of product or service, and
suitability with the program, venue, etc.
3.0.a. The selection shall be impartial and made according to the criteria set forth in the
proposal.
3
3.0.b. Care should be taken to check with relevant city departments to ensure that the
granting of a sponsorship opportunity shall not appear to give a sponsor the
preferred position due to other city contracts and to avoid conflict with existing
contracts.
3.0.c. Care should be taken to ensure that no action is taken which indicates that
commercial concerns that do not sponsor city activities, programs, events, etc. are
treated with disfavor or suffer any reprisal.
4.0 Sponsorship Agreements:
4.0 After negotiations and selection of the sponsor(s) are complete, obligations of the
sponsors and the city shall be set forth in written agreements.
4.0.a. Each agreement shall be per event, program, or venue, etc. and not to exceed a
one-year period. Annual renewal options shall not exceed five years. Contracts in
excess of five years shall be approved by the city manager.
4.0.b. The sponsorship agreement enclosed herein (Addendum C) shall be used as a
guide for sponsorships. Agreements shall vary with the type of sponsorship.
4.0.c The basic sponsorship agreement shall be reviewed and approved by the city's
legal department and executed by the sponsored department's director. The
designated city sponsorship coordinator may also execute contracts.
5.0 Accounting and Record Keeping Procedures:
5.0. Departments shall maintain ledgers which provide an audit trail for the receipt of all
sponsorships. Records shall include but not be limited to the following:
5.0.a. Record all revenue (except merchandise or in-kind services) under budget line
TBD.
5.0.b. Record all merchandise or in-kind services as TBD.
5.0.c. All monetary transactions shall be made by company check.
5.0.d. Acceptance of cash is prohibited.
5.0.e. A record of all sponsorships to include company name, type, amount, and
disposition of sponsorship is to be kept up to date and accurate.
5.0.f. All funds, products, services, etc. resulting from the municipal sponsorship
program are to be used within the sponsored department with the exception of
cross-departinental or "citywide" sponsorship agreements.
5.0.g. All funds, products, services, etc. resulting from a "citywide" sponsorship
program are to be designated for use by council or the city manager.
5.0.h. Each department is required to Submit an annual report summarizing their
municipal sponsorship program results (cash and in-kind) to the citywide
sponsorship coordinator by July 15 each year.
4
Addendum A:
Role of the City Sponsorship Coordinator (CSC):
This person serves as the principal advisor to the city manager for the development and
coordination of policy matters affecting the operation and management of the citywide
municipal sponsorship program. The purpose of this coordinator is to plan and direct the
mission-related activities of the city's municipal sponsorship program. This person
serves as the liaison between the City Manager/Council and the Sponsorship Executive
and Sponsorship Input Committees.
1.1.a. Serves as the subject matter expert and the central point of contact for the
municipal sponsorship program.
1.1.b. Develops strategic plans for municipal sponsorship, both internally and
externally.
1.1.c. Provides information, advice, and assistance to the various departments'
sponsorship coordinators.
1.1.d. Works with the legal department to ensure that contractual obligations are
legal, coordinated, and implemented.
1.1.e. Assists departments in their creation of sponsor packages.
1.1.f. Maintains communication between departments especially in regard to
which sponsors are being pitched by which departments.
1.1.g. Directly receives and reviews sponsorship proposals presented by outside
agencies or corporations to the city.
1.1.h. Liaisons with the procurement office, if necessary, concerning issues of
suppliers, vendors, exclusivity, etc.
1.1.i. Stays abreast of the trends in the industry of municipal sponsorship.
1.1.j. Receives annual sponsorship reports from all city departments and creates a
citywide report for review by council and the city manager.
5
Addendum B:
Role of the Sponsorship Executive Committee (SEC):
This group serves to review citywide sponsorship proposals as well as make final
recommendations to council in regard to sponsorship policy matters. Working in
conjunction with the City Sponsorship Coordinator, this group plans and directs the
mission-related activities of the city's municipal sponsorship program. The SEC receives
input and dialogs with the Sponsorship Input Committee and ultimately makes final
recommendations to the City Manager/Council via the City Sponsorship Coordinator.
This staff-based group is composed of representatives from the following departments:
- Purchasing
- Legal
- Convention and Visitors Development
- Parks and Recreation
- Economic Development
- Museums
- Public Information Office
The SEC would be tasked with the following:
1.1.a. Receives input from the Sponsorship Input Committee and makes
recommendations to City Manager/Council via City Sponsorship Coordinator.
1.1.b. Develops strategic plans for municipal sponsorship, both internally and
externally.
1.1.c. Provides information, advice, and assistance to the various departments'
sponsorship coordinators.
6
Addendum C:
Role of the Sponsorship Input ComniLittee (SIC):
This group serves in an advisory capacity in regard to operational sponsorship issues.
Consisting of a mixtue of citizens and staff, this group would provide feedback and input
to the SEC so that the SEC would be befter able to make recommendations based on
sufficient dialog from impacted and concerned parties.
In addition to the SEC, the SIC would consist of representatives from the following:
- Departments of-
- Libraries
- Video Services
- Agriculture
- Parks and Recreation Commission
- Hotel/Motel Association
- Resort Retailers Association
- Virginia Beach Restaurant Association
- Council of Civic Leagues
This group would be charged with the following:
1.1.a. Serves as the "watchdog" for the municipal sponsorship program in regard to the
City's vision, values, and integrity, and any other major issues.
1.1.b. Maintains communication between departments, citizens, and special
interest groups in regard to the City sponsorship program.
7
Addendum D:
Disclaimers:
1.1. A disclaimer shall be used to avoid an inadvertent insinuation that the city officially
endorses any company, sponsor, or their products or services.
1.2. A standard disclaimer that shall not detract from sponsorship is as follows: "The City of
Virginia Beach sincerely thanks and appreciates the sponsors of this event, venue,
activity, etc. However, the City does not officially endorse any one company, sponsor, or
its products or services."
1.2.a This disclaimer shall be posted at all sponsored events.
1.2.b. This disclaimer shall be included on all print advertising.
1.2.c. This disclaimer shall be read to the audience at least once during any event where
the sponsor is verbally identified.
8
Addendum E:
Sponsorship Categories:
Aerospace & Defense Media & Publishing
Apparel Medical
Apparel-Athletic Metals & Mining
Automotive-Aftermarket Office Equipment/Supplies
Automotive-Cars & Trucks Personal Care
Automotive-Motorcycles Pet Food/Supplies
Beverages-Beer* Pharmaceutical*
Beverages-Coffee & Tea Photo Supplies/Services
Beverages-Juice & Drink Mix Restaurant
Beverages-Soft Restaurant-Quick Service
Beverages-Water Retail
Beverages-Wine* Retail-Appliance/Electronic
Building & Home Jmprovement Retad-Auto Parts
Chemicals Retail-Convenience Store
Cleaning Products Retail-department store
Computer & Info Systems Retail Drug Store & Pharmacy
Consumer Electronics Retail-Hardware
Entertainment Retail-Mass Merchandiser
Financial Services Retail-Sporting Goods
Financial Services-Bank Retail-Supermarket
Fimmcial Service brokerage Services-General
Financial Services-Credit Card Sportini & Recreational Equipment
Financial Services-Insurance Sunglasses
Food Telecommunications
Food-Candy Telecommunications-Cenular
Food-Cereal Telecommunications-Long Distance
Food-Dairy Tobacco*
Food-Meat Toys & Games & Collectable
Food-Snacks Travel-Airline
Fuel Travel-Cruise Line
Heavy Equipment Travel-Hotel & Resort*
Home Furnishings Travel Rental Car
Household Goods Utilities & Power
Lighting Equipment Watches & Jewelry
Lottery & Gambling*
Lumber & Paper Products
Indicates categories for which further discussion may be required. Please refer to the
Guidelines to Municipal Sponsorship Opportunities.
9
Sponse@p @ment D t
Sponsorship Spo@p
Coordinators Coordinators Coordinators
- (DSC) (DSC)
*Representatives from: Purchasing, Legal, Convention & Visitor Development, Parks & RecreafioN Erono@c Development, Museum$, Public Information Office.
"Representatives from: Ubraries, Video Services, Agriculture, RAAC, Parks & Receation Commission, HoteVMotel Association, Resort Retailers, Restaurant Association, Council ofcivic
Leagues.
6
CITY MANAGER'S BRIEFINGS
PUBLIC INVESTMENT PROTECTION POLICY
11:55 A.M.
ITEM # 43295
The City Manager recognized the members of the Commons Policy Team in attendance: David Grochmal -
Team Leader, Mac Rawls, Art Shaw and Louis Cullipher.
Robert J. Scott, Director of Planning, advised, with the adoption of the Comprehensive Plan, the City of
Virginia Beach has made a major commitment toward quality. Mr. Scott summarized the previous
presentation on December 2, 1997. The private sector usually supports the City's quality efforts. When there
are certain parcels of property where challenges cannot be met satisfactorily through normal regulatory
procedures i.e. change of zoning, another approach was outlined Public Investment Protection Strategy.
A fund was proposed to be established which would:
With City Council's approval, on a case-by-case basis with a
willing buyer and willing seller, purchase property where
proposed development would appear to the City Council to
threaten quality.
Place restrictions on the development of aforementioned properly
City Council believes appropriate and consistent with the desired
quality.
Place the aforementioned property back on the market for resale
to the private sector
Therefore, the purchase of the property by the City would not be for the purpose of owning the property but
for reselling the property.
MECHANISM
A revolving account funded at the beginning. One of the sources
should be sale of excess property currently owned by the City.
Funds from sale of right-of-way in street closures
Funds from lease of property.
Funds from resale put back in fund to replenish same. (Some
properties need to be excluded i.e. park sites, Croatan)
Apply certain criteria
Mr. Scott advised that after the last briefing, City Council requested information relative the criteria. Mr.
Scott advised the Committee will evacuate properties being considered for acquisition under this program
using the following criteria:
Degree of threat to Public Investment/Inability of other
tools to address the situation
Degree of urgency and threat
Sufficiency of development, laws and regulations
Cost
Potential for resale of property and value
Proposed conditions of resale
Location within the City by investment area
(1) Oceanfront/Pavilion/Dome Site/Rudee Loop/Marine
Science Museum area.
(2) Lynnhaven Mall/Oceana Industrial Park area
(3) Central Library/Pembroke CBD/Mount Trashmore area
(4) Princess Anne Park/Lake Ridge/Buffington House/Heron's Ridge
Golf Course
March 3, 1998
7 -
CITY MANAGER'S BRIEFINGS
PUBLIC INVESTMENT PROTECTION POLICY
ITEM # 43295 (Continued)
As there is some consideration being given to the sale of publicly owned property currently and in the
immediate future, the City staff requested an appropriate ordinance be scheduled for the City Council
Session of March 10, 1998, and commence capturing the value of some of these property sales for this
fund.
Council Lady Parker advised there are certain properties i.e. Thirty-first Street and Wells property which
are already designated to repay other projects. Mr. Scott advised those caveats would be worked into the
process. There are certain properties, which are public, but have been acquired for a specific purpose i.e.
a park. Not all of the park land owned in the City is viable park land and could be disposed of; however, it
is reasonable to assume if City Council decided to dispose of some of that park land that the revenue from
that sale should be placed in the Open Space Acquisition Fund rather than this process. This Public
Investment Protection Policy does allow for this type of consideration.
Councilman Heischober advised there are properties which the City should have bought and never allowed
development. When this Ordinance is written, he hopes it is written in such a way that the properties
acquired can either be sold with protections or be owned by the City. For example, on the western side of
the Lesner Bridge, in order to protect the potential of that boat marina, the City has a site plan which allows
this to go forward as opposed to buying the marina, and now if and when the marina goes forward, the City
must contend with a developed piece of property. Therefore, he hopes the City does not have to sell all the
properties they buy.
Mr. Scott advised City Council may determine after purchase, some of these properties should be held and
undeveloped. The integrity of the fund must be protected, but perhaps could be reimbursed through the CIP
if the City sought this property to utilize for example as a fire station.
Council Lady McClanan expressed concerns and her lack of support for this Policy. Council Lady
McClanan does not think the City should get into the real estate business.
Council Lady Strayhorn advised the necessity to examine and discuss all of the open space remaining in the
City.
Councilman Branch concurred as some things which can occur by-right are totally incompatible with the
vision of the City.
Mayor Oberndorf reminded City Council when the City purchased the 24th Street lot, it was with the
understanding the public had to raise a certain sum approximately ($600,000) themselves. If the public just
wishes to purchase land in their neighborhood to prohibit development and this becomes a problem, perhaps
the neighborhood could provide 'half of the financing for same.
Mr. Scott advised Virginia Beach has accomplished a similar function as this proposed policy. When the
improvements to Independence Boulevard and the Baxter Road Flyover were constructed there was an old
drive-in theater site. This was much larger than required. However, it was understood that if only the
property was taken for the right-of-way, residual property would remain with the need for access onto the
road system, which would have undermined the whole project. Therefore, it was decided, to protect the
public investment by purchasing the entire property and place appropriate restrictions on this property for
remarket. Today, this is the location of the Avis Building. Therefore, utilizing this approach, there is a track
record ofsuccess.
The appropriate ordinance and supporting material will be scheduled for the City Council Session of
March 10, 1998.
March 3, 1998
8 -
GENERAL ASSEMBLY ACTIONS
12:25P.M.
ITEM # 43296
The City Manager distributed the Legislative Bulletin from the Virginia Municipal League.
The Status Report on the Virginia Beach 1998 Legislative Issues was suppose to be available; however,
the networks have been DOWN. The Status Report should be available by 2:00 P.M.
Vice Mayor Sessoms questioned the funding for the Marine Science Museum and the gap of $300,000. The
City Manager said Robert Matthias had advised the two Bills were going to be averaged, which would mean
approximately $800,000 would be received.
Relative the funding of Rudee Inlet, the City Manager advised the City would attempt to find a way to match
funds as the funding in the Senate is not enough.
Council Lady Henley referenced House Bill 1244, which precludes nourished beaches from the Coastal
Primary Sand Dune Ordinance had passed the House and Senate. Information will be provided.
Mayor Oberndorf referenced correspondence from a northern Virginia Senator trying to explain why the
City's government at the local level should not be upset relative House Bill 570 concerning vested rights.
This was supposedly to be improved. The City Manager advised changes were made, but they are still
unacceptable to VML.
Councilman Branch questioned the designation of Route 44 which passed the House and asked what will
this mean in terms of signage and other issues. This will become part of the Interstate System. Councilman
Heischober advised Route 44 was named the Robert Baldwin Memorial Highway from Newtown Road. He
did not believe Route 44 this wouldpays the Senate and change this road name to Pearl Harbor Memorial
Highway.
March 3,1998
- 9 -
AGENDA REVIEW SESSION
12:35 P.M.
ITEM # 43297
Council Lady McClanan referenced this item and inquired whether this was an increase in responsibility:
J.2. Ordinance to AMEND
a. Chapter 2, ArticleXXVI re staff assistance and conducting the business of the
Human Rights Commission
Council Lady McClanan advised she was not in favor or providing a staff for every Commission the City
establishes. Fagan Stackhouse, Director of Human Resources, advised there would be no additional staff.
Several years ago two positions were eliminated from the Department. Basically, the Director of Human
Resources and other staff support the Human Rights Commission. Therefore, there is no additional
funding.
Mayor Oberndorf expressed appreciation to Mr. Stackbouse and the Members of the Human Rights
Commission for their unselfish dedication in raising awareness.
ITEM # 43298
Council Lady McClanan referenced the correspondence of concern from an adjacent owner. If someone
does not believe this to be appropriate, they should be given the opportunity to speak.
J.3a Ordinance to authorize temporary encroachment into a
portion of the 300-foot drainage easement at 225
Arrowfield Road by Tony and Denise Bolinsky re
construction and maintenance of a walkway, dock and
covered boatlift (L YNIVHA VEN B OR 0 UGH)
ITEM # 43299
Councilman Branch advised this item was not in the Shadowlawn area:
J.4. Ordinance to appoint viewers:
a. In the petition of the Virginia Beach School Board for
the closure of a portion of 15th Street between Baltic and
Mediterranean Avenues, containing 16,250 square feet
(VIRGINIA BEACH
BOROUGH).
ITEM # 43300
BY CONSENSUS, the following items shall compose the CONSENT AGENDA.
ORDINANCES/RESOLUTION
J.1. Ordinance to declare EXCESS PROPERTY of a parcel
adjacent to TRIANGLE BUILDERS at the Southeast
corner of Independence and South Boulevards (4669
South Boulevard); and, authorize the City Manager to
dispose of same (KEMPSVILLE BOROUGH).
J.2. Ordinances to AMEND
a. Chapter 2, Article XXVI re staff assistance and
conducting the business of the Human Rights
Commission
b. Section 10-2 re new Precinct Map showing election
precincts and polling places.
March 3,1998
- 10-
AGENDA REVIEW SESSION
ITEM # 43300
J3. Ordinances to authorize temporary encroachments:
b. Into a portion of the 10-foot drainage easement at 1460
Laurel View Drive by Daniel H. and Susan R. Flye re
construction and maintenance of a wharf, boatlift and
existing bulkhead (L YAWHA VEN BOR 0 UGH)
c. Into a portion of the drainage easement at 5193
Shorecrest Court by Joan Shockley re construction and
maintenance of a bulkhead, pier and existing deck
(KEMPSVILLE BOROUGH)
J.4. Ordinances to appoint viewers:
a. In the petition of the Virginia Beach School Board for
the closure of a portion of 15th Street between Baltic and
Mediterranean Avenues, containing 16,250 square feet
(VIRGINIA BEACH
BOROUGH).
b. In the petition of O & R, Inc., a Virginia Corporation,
for the closure of a portion of Powhatan Avenue from
West Stratford Road to Shore Drive, located between
Blocks 40 and 46, Plat of Ocean Park, containing 0.748
acres (BA YSIDE BOROUGH).
J.5. Resolution to AUTHORIZE the promulgation of
Amendment Number 4 of the Public Works Specification
and Standards Manual.
J.6. CERTIFICATES OF PUBLIC CONVENIENCE AND
NECESSITY.
Five Star Limousine
Tom's Limo Service
J.7. License Refunds: $38,909.57
March 3,1998
- 11 -
CITY COUNCIL CONCERNS
12:38 P.M.
ITEM # 43301
Mayor Oberndorf requested City Council's direction concerning the first meeting in July. BY CONSENSUS,
City Council chose July 7, 1998, as the first City Council Session Session for the Traditional Oath of Office
meeting.
ITEM # 43302
Council Lady Henley referenced the correspondence from the City Manager relative the access issue at the
former SPCA site.
The City Manager advised this item will be discussed during the Executive Session
ITEM # 43303
Mayor Oberndorf referenced correspondence from Robert F. Hogans, Jr, - School Board Chairman,
requesting approval of the integrated Human Resources/Payroll software package. While he realizes City
Council has probably identified alternative uses for funds targeted by the School Division for this technoloy
purchase, passage of this appropriation and $537 appropriation to the administrative category will fill
a very critical void in the School Division's accountability.
Vice Mayor Sessoms advised he did not believe there would be any harm in developing a Request For
Purchase. Mayor Oberndorf advised the Schools did not believe they would receive response to an RFP,
unless the funds were available.
The City Manager advised the real concern of the Board is to proceed in a timely manner. He did not believe
it was the intent of the City Council to hold this project up, but to see it in the context of the other
expenditures and make an intelligent decision. In terms of whether this system will meet both the City and
School needs, the staff is reviewing the draft of the RFP to make sure what is going to come back is
responsive to meet the City's needs two or three years from now.
March 3, 1998
- 12 -
ITEM # 43304
Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, March 3, 1998, at 12:53
P.M.
Council Members Present:
John A. Baum, Linwood 0. Branch, III, Harold Heischober,
Barbara M. Henley, Louis R. Jones, Reba S. McCianan, Mayor
Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Absent:
William W Harrison, Jr.
March 3,1998
- 13 -
ITEM # 43305
Mayor Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION,
pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion or consideration of or
interviews of prospective candidates for employment, assignment,
appoinhnent, promotion, performance, demotion, salaries,
disciplining, or resignation of specific public officers, appointees,
or employees pursuant to Section 2.1-344 (A)(1).
To Wit: Appointments: Boards and Commissions
Francis Land House Board of Governors
Personnel Board
Virginia Beach Crime Task Force
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real properly 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 2.1-344(A)(3).
To-Wit: Agricultural Reserve - Blackwater Borough
Southeastern Parkway and Greenbelt Right-of-Way
SPCA Site - General Booth Boulevard
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed
into EXECUTIVE SESSION.
Voting.- 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Harold Heischober,
Barbara M. Henley, Louis R. Jones, Reba S. McCianan, Mayor
Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay.-
None
Council Members Absent.-
William W. Harrison, Jr.
March 3,1998
14
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
March 3, 1998
2:05 P.M.
Mayor Meyera E. Oberndorf., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber. City Hall Building, on Tuesday, March 3, 1998, at 2:05 P.M.
Council Members Present
John A. Baum, Linwood 0. Branch, I[]. Ilarold I-Ieischober,
Barbara M. Henley, Louiv R. Jonev, Reba S. A4cClanan, Mayor
Meyera E. Oberndorf,Nancy K. Parker. Mai@ot William D.
Sessoms, Ji- nd Louiva M Stravhorn
Council Members Absent:
William W Harri.@on,.Ii IILI W17'Hl,'Ltll
INVOCA TION The Reverend Charles Faul
Church of the Apostles
PLEDGE OF ALLEGIANCE TO THE FLA G OF THE UNITED STA TES OF AMERICA
Vice Mayor Sessoms being a Corporate Officer of Central l,ideli@y Bank, disclosed there were no matters
on the agenda in which he has a 'Personal interest", as dejined in the Act, either individually or in hiv
capacity as an officer of Central Fidelity Bank. 7he Vice Mayor regularl'v makes this Disclosure as he may
or may not know of the Bank.@ interest in any application that mq), come before City Council. Vice Mavor
,5essoms'letter (?fjanua 1, 1998, iy hereb made a part of th(, i c( oi d.
March 3. 1998
15
Item VI-E.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 43172
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council CERTIFIED
THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Executive
Session to which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or
considered by Virginia Beach City Council
Voting: 10-0
Council Members Voting A. c
John A. Baum, Linwood 0. Branch, III, Harold Heischoher,
Barbara M. Henley, Louis R. Jones, Reba S Mc-Clanan, Mayor
Meyera E. Oberndorf Nancy K. Parker, Vice Alai,oi- William D.
Sessoms, Jr and Louisa At @travhorn
Council Memberv Voting Nai@,
None
Council Members Absent.
William W Harrivoii, ,/r
March 3, 1998
Resolution
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirtnative vote recorded in ITEM # 43305, Page 13, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawftilly
exempted from Open Meeting requirements by Virginia law were discussed in Executive Session
to which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Executive Session were heard, discussed or considered by
Virginia Beach City Council.
R th Hodges Smith, CMCIAAU
City Clerk March 3, 1998
16
Item VI-F.
MINUTES ITEM # 43307
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of February 24, 1998.
Voting. 9-0
Council Members Voting Aye
John A. Baum, Harold Heischober, Barbara M. Henley, Louis R.
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K
Parker, Vice Ma-vor William D Sessoms, fr nil Louisa M.
Strayhorn
Council Members Voting Nav
None
Council Members Abstaining.
Linwood 0. Branch, II[
Council Members Absent.
William W Harrison,.Jr,
Councilman Branch ABSTAINED, as he was not in attendanc@t, during the (i Council Session offebrua
24, 1998.
March 3 1998
/ I
Item VI-G.
ADOPT AGENDA
FOR FORMAL SESSION ITEM # 43308
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
March 3, 1998
18
Item VI-J.
OPDINANCES/RESOLUTION ITEM # 43309
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch City Council APPROVED IN ONE
MOTION Ordinances/Resolution 1, 2 a/b, 3b/c, 4, 5, 6 and 7.
Voting. 10-0
Council Memberv Voting Aye
John A. Bau , Linwood 0. Branch, III, Ilarold fieischober,
Barbara M Henley, Louis R. Jonev, Reba S Mc('Ianan, Mayor
Meyera E. Oberndorf, Nancy K. Parker, Vic!(, Mai,,or William D.
,5essoms, Jr nti L(iuiva A4 @travhorn
Council Memberv Voting Nai@
None
Council Members Absent.
William W Harrivon Jr
March 3. 199S
19
Item VI-J.1.
OPDINANCES/RESOLUTION ITEM # 43310
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to declare EXCESS PROPERTY of a parcel adjacent
to TRIANGLE BUILDERS at the Southeast corner of Independence
and South Boulevards (4669 South Boulevard), and, authorize the
City Manager to dispose of same (KEA4PSVII,Lh'ROROII(;H)
Voting: 10-0 (By Consent)
Council Members Voting A-I,,e
John A. Baum, Linwood 0. Branch, III, Harold Hei,@chober,
Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker, A4ai@oi William D.
Sessoms, Jr und Louisa M .5tra-vhorn
Council Members Voting Nay
None
('ouncil Members Absent.
William W. Harrison,.Ir
March 3, 1998
1 AN ORDINANCE DECLARING CERTAIN
2 PROPERTY EXCESS AND AUTHORIZING
3 THE CITY MANAGER TO DISPOSE OF
4 SAME
5 WHEREAS, by Deeds recorded in the Clerk's Office of the
6 Circuit Court of the City of Virginia Beach Virginia, in Deed Book
7 2898, at page 1841; Deed Book 2898, at page 1845, Deed Book 2913,
8 at page 0437; and Deed Book 3107, at page 1428, the City of
9 Virginia Beach acquired title in and to the real property described
10 as the shaded area on Exhibit A attached hereto; and
11 WHEREAS, the City Council is of the opinion that the
12 Property is in excess of the needs of the City of Virginia Beach.
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
14 OF VIRGINIA BEACH, VIRGINIA:
15 1. That the following described property is hereby
16 declared to be in excess of the needs of the City of Virginia Beach
17 and that the City Manager is authorized to convey said property in
18 the manner he deems in the best interests of the City of Virginia
19 Beach including the right to retain easements including but not
20 limited to covenants and restrictions that he deems appropriate
21 before the property is conveyed by Quitclaim Deed:
22 All those certain lots, pieces or parcels
23 of land situate in the City of Virginia
24 Beach, Virginia, and being designated as
25 "AREA TO BE DECLARED EXCESS = 0.83 ACRE"
26 as shown on that certain plat entitled "
27 PLAT SHOWING EXCESS CITY OWNED PROPERTY
28 ON NORTH EAST CORNER OF INTERSECTION OF
29 INDEPENDENCE BOULEVARD AND SOUTH
30 BOULEVARD," which plat is attached hereto
31 as Exhibit "A", to which reference is
32 made for a more particular description.
33 2. Any building site created shall connect to public
34 water and sewer where available.
3 5 This Ordinance shall be effective from the date of its
36 adoption.
37 Adopted by the Council of the city of Virginia Beach,
38 Virginia, on the 3 day of March, 1998.
39 CA-6743
APPROVED AS TO CONTENT
@@nt of Real Esmte
APPROVED AS TO
LEGAL SUFFICIENCY
Department of Law
LXOXN MA,@ SCALE @WO
RIA
BUII
SITE
LOCATION MAP FOR
EXCESS CITY OWNED PROPERTY
AT INDEPENDENCE BOULEVARD
AND SOUTH BOULEVARD
SCALE: 1" 100'
SEE
M FMMERV
CARE J.C@S
aa2" P.669
MIM45 P@W
@mm m@ SCALE, r- 2W
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aa@ P.@
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OF VIRGINIA BEACH
D@ P.1841
M.BJW P.64
M.B.45 P.20
GPIN NO.I@7-@ 54@ 1845
65
MB.45 P.20
GRN
tOr JOA
EXHIBIT'A'
PLAT SHOWING EXCESS CrrY OWNED PROPERTY
ON NORTH EAST CORNEit OF INTERSECNON OF
NDEPENDENCE BOULEVARD AND SOURH BOULEVARD
- 20 -
Item VI-J.2.a/b
ORDINANCES/RESOLUTION ITEM # 43311
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinances to AMEND
Chapter 2, Article XXVI re staff assistance and
conducting the business of the Human Rights
Commission
Section 10-2 re new Precinct Map showing election
precincts and polling places.
Voting.- 10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Harold Heischober,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor
Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
William W. Ha@son, Jr.
March 3,1998
1 AN ORDINANCE TO AMEND CHAPTER 2,
2 ARTICLE XXVI OF THE CITY CODE
3 PERTAINING TO THE HUMAN RIGHTS
4 COMMISSION
5
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
a BEACH, VIRGINIA:
9
10 That Sections 2-459 and 2-460 of the Code of the City of
11 Virginia Beach, Virginia, are hereby amended and reordained to read
12 as follows:
13 ARTICLI XXVI. HUMAN RIGHTS COMISSION
14 Sec. 2-459. Commission established; composition; appointment
15 and terms of members; etc.
16
17 (a) There is hereby created the City of Virginia Beach Human
18 Rights Commission which shall consist of eleven (11) members.
19 (b) The members of the commission shall be appointed by the
20 city council. Of those first appointed, three (3) members shall be
21 appointed for a term of one (1) year; four (4) for a term of two
22 (2) years; four (4) for a term of three (3) years; and thereafter
23 all appointments shall be for a term of three (3) years. The
24 commission shall elect, from its members, a chairperson, a
25 vice-chairperson. and such other officers as the commission may
26 deem appropriate.
27 . . .
28
29 Sec. 2-460. Staff assistance; recordation of minutes.
30 (a) The director of human resources
31 or his or her designee shall serve in an advisory capacity to the
32 commission and among other duties, shall assist the chairman of the
33 commission in the preparation of meeting agendas.
34 (b) The city shall provide the commission
35 sufficient staff support to perform
36 clerical and administrative duties for the commission, and record
37 the minutes of commission meetings.
38
3 9
40 Adopted by the City Council of the City of Virginia Beach on
41 this 3rd day of March, 1998.
42
43
44 CA-6894
45 DATA/ORDIN/PROPOSED/02-459et.ORD
46 DATE PREPARED: FEBRUARY 24, 1998
47 R2
APPROVXD AS TO CONTMT:
Resources
APPROVXD AS TO LEGAL
SUFFICIZNCY:
D*partment of Law
1 AN ORDINANCE TO AMEND THE CITY CODE,
2 PERTAINING TO ELECTION PRECINCTS AND
3 POLLING PLACES, BY APPROVING A NEW
4 PRECINCT MAP
5
6 SECTION AMENDED: 10-2
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 10-2 of the Code of the City of Virginia Beach,
10 Virginia, is hereby amended and reordained to read as follows:
11 Sec. 10-2. Map of election districts precincts.
12 (a) The geographical boundaries of the
13 precincts set forth in section 10-1 are hereby established as
14 delineated on a certain map, revised, 1994 1998, prepared by the
15 public works department of the city and captioned
16 "Election Precincts," which map is hereby approved.
17 (b) The clerk of the council shall endorse on the map
18 referred to in subsection (a) above the date of the council's
19 approval thereof and file the original map, with the minutes of the
20 meeting at which such map was approved, in the records of his
21 office, and shall cause exact copies thereof to be filed with the
22 general registrar of the city, the clerk of the circuit court and
23 the planning department.
24 Adopted by the City Council of the City of Virginia Beach on
25 this 3 day of March, 1998.
CERTIFIED TO BE A TRUE COPY OF AN
26 CA-6808 ORDINAKE TO AMEND SECTION 10-2 OF
27 DATA/ORDIN/PROPOSED/10-002.ORD THE CODE OF THE CITY OF VIWINIA
28 FEBRUARY 23, 1998 BEACH RE ELECTION PRECI @ S AND POLLING
29 Rl PLACES, ADOPTED BY THE COUNCIL OF
THE CITY OF VIRGINIA BRACH, VIR(;INIA,
ON MARCH 3, 1998.
"PROVRD AS TO CO@ APIPROVND AS TO L----
Ruth Hodges Smith,
A Citv Clerk
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- 21 -
Item VI-J 3.a.
ORDINANCES/RESOLUTION ITEM # 43312
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to authorize temporary encroachment.
Into aportion of the 300-foot drainage easement at 225 Arrowfield
Road by Tony and Denise Bolinsky re construction and
maintenance of a walkway, dock and covered boatlift
(LYAWHAVENBOROUGH)
The following conditions shall be required:
1. The temporary encroachments 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 of Virginia Beach
Public Works Department's specifications and approval
as to size, alignment and location.
2. The temporary encroachments shall terminate upon
notice by the City of Virginia Beach to the applicant and,
within thirty (30) days after such notice is given, such
temporary encroachments shall be removedfrom the
City's 300-foot drainage easement by the applicant and
the applicant shall bear all costs and expenses of
removal.
3. The applicant shall indemnify and hold harmless the City
of Virginia Beach, its agents and employees from and
against all claims, damages, losses and expenses,
including reasonable attorney's fees in case it shall be
necessary to file or defend an action arising out of the
location or existence of such temporary encroachments.
4. Nothing herein contained shall be construed to enlarge
such 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
encroachments so as not to become unsightly or a
hazard.
6 The applicant must obtain approval from the Planning
Department/Waterfront Operations Office and a permit
from the Permits and Inspections Office prior to
commencing any construction within the City's 300-foot
drainage easement.
7. Any above-ground temporary encroachments shall
conform to the minimum setback requirements, as
established by the City's Zoning Office.
8. The applicant shall submit for review and approval a
survey of the area being encroached upon, certified by a
professional engineer, and/or "as-built" plans of the
temporary encroachments, if required by either the City
Engineer's Office or the Engineering Division of the
Public Utilities Department.
March 3,1998
- 22 -
Item VI-J 3. a.
ORDINANCES/RESOLUTION ITEM # 43312 (Continued)
9. The City, upon revocation of such authority and
permission so granted, may remove any such 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 encroachments;
and, pending such removal, the City may charge the
applicant for the use of such portion of the City's right-
of-way encroached upon the equivalent of what would be
the real property tax upon the land so occupied if it were
owned by the applicant; and if such removal shall not be
made within the time specified by the City, the City shall
impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that such
temporary encroachments are 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: 9-1
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Harold Heischober,
Barbara M. Hen@, Louis R. Jones, Mayor Meyera E. Oberndorf
Nancy K Parker, Vice Mayor William D. Sessonu, Jr and Louisa
M. Strayhorn
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
William W. Harrison, Jr
March 3, 1998
Requested by Department of Public Works
1 AN ORDINANCE TO AUTHORIZE TEMPORARY
2 ENCROACHMENTS INTO A PORTION OF THE
3 300' DRAINAGE EASEMENT BY TONY AND
4 DENISE BOLINSKY, THEIR HEIRS, ASSIGNS
5 AND SUCCESSORS IN TITLE
6
7 WHEREAS, Tony and Denise Bolinsky desire to construct and
8 maintain a walkway, dock and covered boatlift within the City's
9 300, easement located at 225 Arrowfield Road, Virginia Beach.
10 WHEREAS, City Council is authorized pursuant to §§ 15.2-
11 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
12 authorize a temporary encroachment upon the City's right-of-way
13 subject to such terms and conditions as Council may prescribe.
14 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
15 OF VIRGINIA BEACH, VIRGINIA:
16 That pursuant to the authority and to the extent thereof
17 contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as
18 amended, Tony and Denise Bolinsky, their heirs, assigns and
19 successors in title, are authorized to construct and maintain a
20 temporary encroachment for a walkway, dock and covered boatlift in
21 the City's 300, easement as shown on the map entitled: "PROPOSED
22 DOCK & BOATLIFT IN LONDON BRIDGE CREEK AT 225 ARROWFIELD ROAD CITY
23 OF VIRGINIA BEACH STATE OF VIRGINIA APPLICATION BY MR. T.
24 BOLINSKY," a copy of which is on file in the Department of Public
25 Works and to which reference is made for a more particular
26 description; and
27 BE IT FURTHER ORDAINED, that the temporary encroachment
28 is expressly subject to those terms, conditions and criteria
29 contained in the Agreement between the City of Virginia Beach and
30 Tony and Denise Bolinsky, (the "Agreement") which is attached
31 hereto and incorporated by reference; and
32 BE IT FURTHER ORDAINED that the City Manager or his
33 authorized designee is hereby authorized to execute the Agreement.
34 BE IT FURTHER ORDAINED, that this Ordinance shall not be
35 in effect until such time as Tony and Denise Bolinsky and the City
36 Manager or his authorized designee execute the Agreement.
37 Adopted by the Council of the City of Virginia Beach,
38 Virginia, on the 3 day of March, 1998.
39 CA-#692Z
40 pdejesu/encroach/Bolinsky
41 R-1
42 PREPARED: 2/5/98
CRIT
2
OF
cc
Property of John Powers, Hari; ",appossela and
others (Opposing Parties)
MkP FOR
MENT AT
225 ARROWFIELD RD,
NDON BRIDGE CREEK
SCALE: l' 200'
49
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58.1-811(a)(3)
AND 58.1-811(c)(4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this 8th day of Jan,
1998, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, Grantor, party of the first part, and TONY
BOLINSKY AND DENISE BOLINSKY, Husband and Wife, THEIR HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE, Grantee, parties of the second
part.
WITNESSETH:
That, WHEREAS, the parties of the second part are the
owners of that certain lot, tract, or parcel of land designated
and described as "225 Arrowfield Road, Virginia Beach, Virginia
23452" and
That, WHEREAS, it is proposed by the parties of the
second part to construct and maintain a walkway, covered boatlift
and dock in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining such, it is
necessary that the said parties of the second part encroach into
a portion of an existing 300' drainage easement, and said parties
of the second part have requested that the party of the first
part grant a temporary encroachment to facilitate such walkway,
covered boatlift and dock within a portion of the City's 300'
drainage easement.
GPIN 1497-62-2001
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the parties
of the second part and for the further consideration of one
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the parties of the second part a
temporary encroachment to use a portion of the City's 300'
drainage easement for the purpose of constructing and maintaining
such walkway, covered boatlift and dock.
It is expressly understood and agreed that such
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 of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows to wit:
An area of temporary encroachment into a
portion of the City's easement known as a
300' drainage easement as shown on that
certain plat entitled: "PROPOSED DOCK &
BOATLIFT IN: LONDON BRIDGE CREEK AT: 225
ARROWFIELD ROAD CITY OF VIRGINIA BEACH STATE
OF VIRGINIA APPLICATION BY MR. T. BOLINSKY",
a copy of which is attached hereto as
Exhibit "A" and to which reference is made
for a more particular description.
It is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the City of Virginia Beach to the parties of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
City's 300' drainage easement by the parties of the second part;
and that the parties of the second part shall bear all costs and
expenses of such removal.
It is further expressly understood and agreed that the
parties of the second part shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of
such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
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 parties of the second part.
It is further expressly understood and agreed that the
parties of the second part agree to maintain said temporary
encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
parties of the second part must obtain approval from the Planning
Department/Waterfront operations office and a permit from the
Permits and Inspections Office prior to commencing any
construction within the City's 300' drainage easement.
It is further expressly understood and agreed that any
above ground temporary encroachments shall conform to the minimum
setbacks requirements, as established by the City's Zoning
Office.
It is further expressly understood and agreed that the
parties of the second part shall submit for review and approval,
a survey of the area being encroached upon, certified by a
professional engineer, and/or "as built" plans of the temporary
encroachment, if required by either the City Engineer's office or
the Engineering Division of the Public Utilities Department.
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such temporary encroachment
and charge the cost thereof to the parties of the second part,
and may require the parties of the second part to remove such
temporary encroachment, and if sucn removal is not be made within
the time ordered hereinabove by this agreement, the City shall
impose a penalty in the sum of One Hundred Dollars ($100.00) per
day for each and every day that such temporary encroachment is
allowed to continue thereafter and shall collect such
compensation and penalties in any manner provided by law for the
collection of local or state taxes.
IN WITNESS WHEREOF, Tony Bolinsky and Denise Bolinsky,
the said parties of the second part have caused this Agreement to
be executed by their signatures and seal duly affixed. Further,
that the City of Virginia Beach has caused this Agreement to be
executed in its name and on its behalf by its City Manager and
its seal be hereunto affixed and attested by its City Clerk.
ei
CITY OF VIRGINIA BEACH
By
city Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
Ton ol
Y-,
Dekse Bolin@ y@
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this day of 1 19-- , 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 , - - 1 19-, by RUTH HODGES
SMITH, City Clerk for the CITY f)F VIRGINIA BEACH.
Notary Public
My Commission Expires:
STATE OF Va
CITY Va Beach, to-wit:
The foregoing instrument was acknowledged before me
this 8th day of January, 1998, by Tony Bolinsky
and Denise Bolinsky.
<- @ @e
y Public
My Commission Expires:,
IMPROVED AS TO CONTENT
IriNATUR9
DEPAP,TMr.!Il
"7 .4LY
OPIN 1497-52@4010
rhU.M.1, A.I.C., L@C.
App,.,. ML W
W,dlb .1 All,@, 100 A Ed,. Of V.901.11.@
APO,.. 25
N.
Plop. f4,@,R..,
-PQp@ 90000 i"zwl
-Plop. ffl',32' 'T' Need D..*
A' wide W.1k.., LO@d.@ Slid,. C'..@
Apw... MLW -
As- Belch T.. A Edge Of V.go,
6 Apple.. Eofp. T..
A Ed,. t V.,.,.
10- Wide A.@ ......
SPIN 1407.SZ-1217
E.St.l. Li@t .1 300- DI.M.g. S. J. whit.
Ease.*.' DS 2241 P 603
08 2241 P. 611
(A.t. MD 80 P,231
Pi, NO I
El
C2) GPIN f4#7.f2.4244
S. W wNt.
GPM 1497 S@ 1850
NO rES:
(1) THIS DRAWLVO MAY ONLY BE USED
FOR THE EXCLUSIVE PURPOSE OF
Prop. of OBTALQLVS PERMITS FOR THE
John M. Powers CONSTRUCTION WORK SHOWN.
2) NO FREE$ WILL RE REMOVED DURING
Har L
& THE GOEMSE OF THIS PROJECT. ALL
Capossl,l@@ & o rs VEGETATION DISTURBED S)IALL BE
@PIN 1491 i I'it& RESTORED IAW THE SEOUENCE OF
EVENTS ON SHEET -1 @ IF.
S@ THE ENTIRE PROJECT IS WITHIN THE RPA
(Opposing Parti 4) ACCESS WAY b(AY BE RELOCATED
TO AVOID ANY OBSTRUCrfONS.
15) ALL MATERIALS W&L BE STAGED WITHIN
rHV LWIRS OF CONSTRUCTION AND 0,V
EXISRINO PAVED AREAS
r$) LOCATION OF SPRINKLER SYSTEM IS NOT
SHOWN. CONTRACTOR S$IALL VERIFY LOCATION
12' Right-Of-Way AND PROTECT FROM DAMAOE
@@JRPOSE ACCESS & EROS. PREV "EXHIBIT A"
PROPOSED DOCK & BOATLIFT
MLW @N: London Bridge Creek
.1 225 Arrowfield Road
DIACENT -RCPERTY OWNERS:
CITY OF VIRGINIA BEACH
3&e ShRet STATE OF VIRGINIA
APPLICATION BY: Mr. T. Bolinsky
A, -)9- SITE PLAN SHEET 2 OF
2158 Orchard Park Dr
-x Y-e --
12309-2217
Schenectady, New York
September 24. 1997
City of Virginia Beach
Department of Planning
Operations Building - Room 115
Attention: Waterfront Section
2405 Courthouse Drive
Virginia Beach, Virginia 23456
Re: Tony Bolinsky, 225 Arrowfield Road
GPIN 1497-62-2001
Permit to Construct Pier, Walkway, and Boatlift
London Bridge Creek, Virginia Beach
I share ownership with six other people in property (listed in tax
assessor's records as John Powers et al, GPIN 1497-61-7018)
adjacent and to the south of Tony Bolinsky's proposed construction.
I object to the project, which comes as close as twenty feet to my
property, because it extends too far into London Bridge Creek and
may impede boating in the creek.
I have a 10% ownership interest in the above referenced adjoining
property. I cannot speak for the other people with whom I share
ownership. However, I have tried to reach them regarding this
matter at the addresses indicated in a letter from me to N. Earl
Ward dated August 18.
Sincerely,
r J. Capo sela
(518) 393-2587 home
(518) 395-4408 work
Copies: Tony Bolinsky
N. Earl Ward, P.E.
Other owners of GPIN 1497-61-7018
ADJACENT PROPERTY OWNER'S ACKNOWLDEDGEMENT FORM
-,f P LA cL,
NO CO-@fN!=-@L ----Do NO-, O=- ---c X D 0 0 =-'Tr
,; Lic: r-
if
(Berore silynin!! this form, plen-<e be sure You h:ive checked the at)urodriate box above.)
September 24, 1997
D
Fa,ry J. Capossela lo%-mmer
'T T
D T !-. L T BL
C 0 TDF-P, -kT
@o7@- -7
7eascr; 'excessive enc-ca--h,@en'@ on cha=el @y i:-@@ede boa@U4.r-
- 23 -
Item VI-J 3. b.
ORDINANCES/RESOLUTION ITEM # 43313
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to authorize temporary encroachment.
Into a portion of the 10-foot drainage easement at 1460 Laurel
View Drive by Daniel H. and Susan R. Flye re construction and
maintenance of a wharf boatlift and existing bulkhead
(LYAWHAVENBOROUGH)
The following conditions shall be required:
1. The temporary encroachments 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 of Virginia Beach
Public Works Department's specifications and approval
as to size, alignment and location.
2. The temporary encroachments shall terminate upon
notice by the City of Virginia Beach to the applicant and,
within thirty (30) days after such notice is given, such
temporary encroachments shall be removed from the
City's drainage easement by the applicant and the
applicant shall bear all costs and expenses of removal
3. The applicant shall indemnify and hold harmless the City
of Virginia Beach, its agents and employees from and
against all claims, damages, losses and expenses,
including reasonable attorney's fees in case it shall be
necessary to file or defend an action arising out of the
location or existence ofsuch temporary encroachments.
4. Nothing herein contained shall be construed to enlarge
such 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
encroachments so as not to become unsightly or a
hazard.
6. The applicant must obtain approval from the Planning
Department/Waterfront Operations Office and a permit
from the Permits and Inspections Office prior to
commencing any construction within the City's 10-foot
drainage easement.
7. Any above-ground temporary encroachment shall
conform to the minimum setback requirements, as
established by the City's Zoning Office.
8. The applicant shall submit for review and approval a
survey of the area being encroached upon, certified by a
professional engineer, and/or "as-built" plans of the
temporary encroachments, if required by either the City
Engineer's Office or the Engineering Division of the
Public Utilities Department.
March 3,1998
- 24 -
Item VI-J 3.b.
ORDINANCES/RESOLUTION ITEM # 43313 (Continued)
9. The City, upon revocation of such authority and
permission so granted, may remove any such 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 encroachments;
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 properly tax upon the land so occupied if it were
owned by the applicant; and if such removal shall not be
made within the time specified by the City, the City shall
impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that such
temporary encroachments are 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: I 0- 0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Harold Heischober,
Barbara M Henley, Louis R. Jones, Reba S. McCianan, Mayor
Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr and Louisa M Strayhorn
Council Members Voting Nay.-
None
Council Members Absent:
William W. Harrison, Jr.
March 3,1998
1 Requested by Department of Public Works
2 AN ORDINANCE TO AUTHORIZE
3 TEMPORARY ENCROACHMENTS INTO A
4 PORTION OF A 10' DRAINAGE
5 EASEMENT BY DANIEL H. FLYE AND
6 SUSAN R. FLYE, THEIR
7 HEIRS, ASSIGNS AND SUCCESSORS
8 IN TITLE
9 WHEREAS, Daniel H. and Susan R. Flye desire to construct
10 and maintain a wharf, boat lift and existing bulkhead in the City's
11 easement located at 1460 Laurel View Drive.
12 WHEREAS, City Council is authorized pursuant to §§ 15.2-
13 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
14 authorize temporary encroachments upon the City's easement subject
15 to such terms and conditions as Council may prescribe.
16 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
17 OF VIRGINIA BEACH, VIRGINIA:
18 That pursuant to the authority and to the extent thereof
19 contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as
20 amended, Daniel H. and Susan R. Flye, their heirs, assigns and
21 successors in title, are authorized to construct and maintain
22 temporary encroachments for a wharf, boat lift and existing
23 bulkhead in the City's easement as shown on the map entitled:
24 "PROPOSED PIER & BOAT LIFT PLAN LOT 15A LINLIER," a copy of which
25 is on file in the Department of Public Works and to which reference
26 is made for a more particular description; and
27 BE IT FURTHER ORDAINED, that the temporary encroachments
28 are expressly subject to those terms, conditions and criteria
29 contained in the Agreement between the City of Virginia Beach and
30 Daniel H. and Susan R. Flye, (the "Agreement") which is attached
31 hereto and incorporated by reference; and
32 BE IT FURTHER ORDAINED that the City Manager or his
33 authorized designee is hereby authorized to execute the Agreement.
34 BE IT FURTHER ORDAINED, that this Ordinance shall not be
35 in effect until such time as Daniel H. And Susan R. Flye and the
36 City Manager or his authorized designee execute the Agreement.
37 Adopted by the Council of the City of Virginia Beach,
38 Virginia, on the 3rd day of March, 1998.
39 r-A- # 6? Z 0
40 pdejesu/encroach/Flye
41 R-1
PREPARED: 2/2/98 To
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AS TO
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2
P'lll,ll" IllonO F.@ l,oosm@llal MOMO 7971 J'..(Pogoo
LOCATIM MAP SME I', I,OWI
CATION MAP FOR
0 ENCROACHMENT AT
1460 LAUREL VIEW DRIVE
SCALE: l' n loo'
PRFPAREO BY M ENG. DRAFT. OWE@1"8
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58.1-811(a)(3)
AND 58.1-811(c)(4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this 28th day of January,
1998, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, Grantor, party of the first part, and
DANIEL H. FLYE and SUSAN R. FLYE, husband and wife, THEIR HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE, Grantee, parties of the second
part.
WITNESSETH:
That, WHEREAS the parties of the second part is the
owner of that certain lot, tract, or parcel of land designated
and described as "Lot 15A, Linlier Subdivision" and being further
designated and described as "1460 Laurel View Drive, Virginia
Beach, Virginia 23451" and
That, WHEREAS, it is proposed by the parties of the
second part to construct and maintain a wharf and boat lift and
maintain an existing bulkhead in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining such wharf,
boat lift and bulkheadk, it is necessary that the said parties of
the second part encroach into a portion of an existing City's 10-
foot drainage easement, and said parties of the second part have
requested that the party of the first part grant a temporary
encroachment to facilitate such wharf, boat lift and bulkhead
within a portion of the City's 10-foot drainage easement.
GPIN 2417-09-5916
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the parties
of the second part and for the further consideration of one
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the parties of the second part a
temporary encroachment to use a portion of the City's 10-foot
drainage easement for the purpose of Constructing and maintaining
such wharf, boat lift and bulkhead.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained tn
accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and iii accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of temporary encroachment into a
portion of the City's easement known as a
10-foot drainage easement as shown on that
certain plat entitled: "Proposed Pier &
Boat Lift Plan LOT 15A LINLIER," a copy of
which is attached hereto as Exhibit "A" and
to which reference is made for a more
particular description.
It is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the City of Virginia Beach to the parties of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
City's 10-foot drainage easement by the parties of the second
part; and that the parties of the second part shall bear all
costs and expenses of such removal.
It is further expressly understood and agreed that the
parties of the second part shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of
such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
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 parties of the second part.
It is further expressly understood and agreed that the
parties of the second part agrees to maintain said temporary
encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
parties of the second part must obtain approval from the Planning
Waterfront Operations Office and a permit from the Permits and
Inspections office prior to commencing any construction within
the City's 10-foot drainage easement.
It is further expressly understood and agreed that any
above ground temporary encroachments shall conform to the minimum
setbacks requirements, as established by the City's Zoning
Office.
It is further expressly understood and agreed that the
parties of the second part shall submit for review and approval,
a survey of the area being encroached upon, certified by a
professional engineer, and/or "as built" plans of the temporary
encroachment, if required by either the City Engineer's Office or
the Engineering Division of the Public Utilities Department.
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such temporary encroachment
and charge the cost thereof to the parties of the second part,
and may require the parties of the second part to remove such
temporary encroachment, and if such removal is not be made within
the time ordered hereinabove by this agreement, the city shall
impose a penalty in the sum of one Hundred Dollars ($100.00) per
day for each and every day that such temporary encroachment is
allowed to continue thereafter and shall collect such
compensation and penalties in any manner provided by law for the
collection of local or state taxes.
IN WITNESS WHEREOF, Daniel H. Flye and Susan R.
Flye, the said parties of the second part have caused this
agreement to be executed by their signature and seal duly
affixed. Further, that the City of Virginia Beach has caused
this agreement to be executed in its name and on its behalf by
its City Manager and its seal be hereunto affixed and attested by
its City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
H.@
Susan R. Fly6
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this day of ---- -- -1 19---, 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 1 19-, by RUTH HODGES
SMITH, City Clerk for tqe CITY OF VIRGINIA BEACH.
Notary Public
My Commission Expires:
STATE OF Virginia
CITY/COUNTY OF Norfolk, to-wit:
The foregoing instrument was acknowledged before me
this 28th day of January, 1998, by Daniel H. Flye
and Susan R. Flye.
Notary Public
My Commission Expires: I'll)
@ROVED AS TO CUI@ I Li@'@
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DFPARTMENT
CONSTRUCTION OF ACCESS:
SITE ACCLSS WILL 13E LIMITED- TO
A Sit4r4d ACCESS WAY HANANG A E)RAlt4p
YADT E REMOVAL
FOR CESS
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GPIN# 2418- DO- 4278 S 45'31'00" W 196.87'
ROBIN J. JAMES
864 NNWOOD DRIVE LAUREL VIEW DRIVE (40' R /W)
VIRGINIA BEACH, VA 23451
ELEVATIONS AS SHOWN HEREON AR@ GRAPHIC SCALE I" 40'
LOT 158: BASED ON U S NATIONAL OCEAN
GPIN# 2418-00-6130 SURVEY DATUM (FORMERLY U.S :; & 40 0 20 40 80
R013ERT M. REED G.S DATUM) MEAN SEA LEV5-L
1444 LAUREL MEW DRIVE (M 5 L ) = 0 00 1929 DATTJY
flg72 ADJUSTMF NT)
'ARGINIA BEACH. VA 23451
REV. NOVEMBER 26, 1997
"EXHIBIT A"
PROJECT #97506 10/0@11/91, SHEET 1 OF 6
LOCATION: PROPOSED PIER &
LINKHORN BAY BOAT LIFT PLAN KEL, M-GERWITZ
ENGINEERING, INC
ENCINEERING-SURVEYING-PUNNING
PROPERTY OF: Lu@T 15A 500 CENTRAL DRIVE
DANIEL H & SUSAN R. FLYE SUITE 113
1 'h@ = CC-r VIRGINIA BEACH. VIRGINIA 23484
1460 LAUREL \AEW DRIVE [MD (757) 340-c)a28
VIRGINIA BEACH, VA 23451 L@NLIEM @@ I'@., @-- 1803
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REV. NOVEMBER 26, 1997
PROJECT #97506 PART OF EXHIBIT A 1 0/02/9 7 SHEET 4 OF 6
LOCATION: PROPOSED PIER &
LINKHORN BAY BOAT LIFT PI-AN KELLAM-GERWITZ
ENGINEERING, INC.
ENCINEERINC-SURVEYING-PLANNING
PROPERTY OF: LOT 15A 500 CENTRAL DRIVE
DANIEL H. & SUSAN R. FLYE SUITE 113
1460 LAUREL MEW DRWE cc-r VIRCIIIIA BEACH. VIRCINIA 23484
(757) 340-0628
\,LRCINIA BEACH. VA 23451 LI@NOLIE@K FAX (757) 040-1603
25
Item VI-J 3.c.
ORDINANCES/RESOLUTION ITEM # 43314
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to authorize temporary encroachment:
Into a portion of the drainage easement at 5193 Shorecrest Court
by Joan Shockley re construction and maintenance of a bulkhead,
pier and existing deck (KEMPSVILLE BOROUGH), subject to:
The following conditions shall he required:
1. The temporary encroachments 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 of Virginia Beach
Public Works Department's specifications and approval
as to size, alignment and location.
2. The temporary encroachments shall terminate upon
notice by the City of Virginia Beach to the applicant and,
within thirty (30) days after such notice, is given, such
temporary encroachments shall be removed from the
City's drainage easement by the applicant and the
applicant shall bear all costs and expenses at removal.
3. The applicant shall indemnify and hold harmless the City
of Virginia Beach, its agents and employees from and
against all claims, damages, losses and expenses,
including reasonable attorney's fees in case it shall be
necessary to file or defend an action arising out of the
location or existence of such temporary encroachments.
4. Nothing herein contained shall be construed to enlarge
such 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
encroachments so as not to become unsightly or a
hazard.
6. The applicant must obtain a permit from the
Development Services Center prior to commencing any
construction within the City's easement.
Mart!h 3, 1998
26
Item VI-J 3.c.
ORDINANCES/RESOLUTION ITEM # 43314 (Continued)
7. The City, upon revocation of such authority and
permission so granted, may remove any such 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 encroachments;
and, pending such removal, the City may charge the
applicant for the use of such portion of the City's right
of-way encroached upon the equivalent of what would be
the real property tax upon the land so occupied if it were
owned by the applicant; and if such removal shall not be
made within the time specified by the City, the City shall
impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that such
temporary encroachment is allowed to continue
thereafter, and shall collect such compensation and
penalties in any manner provided by law for the
collection of local or state taxes.
Voting. 10-0 (By Consent)
(council Members Voting Aye
John A. Baum, Linwood 0. Branch, 111, Harold Heischober,
Barbara M. Henley, Louis R. Jones, Reba S. Mc,-('Ianan, Mayor
Meyera E. Oberndo@f Nancy A-. Parker, Vi(-e Mavot- William D.
.5essoms, Jr and Louisa M. Strayhorn
Council Memberv Voting Nat
None
Council Memberv Absent.
William W Harrisoti. Ji-
March -3, 1998
1 Requested by Department of Public Works
2 AN ORDINANCE TO AUTHORIZE
3 TEMPORARY ENCROACHMENTS
4 INTO A PORTION OF A DRAINAGE
5 EASEMENT AT 5193 SHORECREST
6 COURT BY JOAN SHOCKLEY,
7 HER HEIRS, ASSIGNS AND
8 SUCCESSORS IN TITLE
9 WHEREAS, JOAN SHOCKLEY, desires to construct and maintain bulkhead,
10 pier and existing deck into the City's drainage easement located at 5193 Shorecrest Court.
11 WHEREAS, City Council is authorized pursuant to §§ 15.1-316 and 15.1-893,
12 Code of Virginia, 1950, as amended, to authorize a temporary encroachments upon the City's
13 drainage easement subject to such terms and conditions as Council may prescribe.
14 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
15 OF VIRGINIA BEACH, VIRGINIA:
16 That pursuant to the authority and to the extent thereof contained in §§ 15.1-
17 316 and 15.1-893, Code of Virginia, 1950, as amended Joan Shockley her heirs, assigns and
18 successors in title are authorized to construct and maintain a temporary encroachment for a
19 bulkhead, pier and existing deck in the City's drainage easement as shown on the map
20 entitled: "PLAN VIEW FOR JOAN SHOCKLEY, 5193 SHORECREST CT., VA BEACH,
21 VA 23464 IN LAKE CHRISTOPHER AT LAKE CHRISTOPHER, CITY OF VA BEACH,
22 STATE VA, APPLICATION BY J. SHOCKLEY, DATE 5/16/97," a copy of which is on
23 file in the Department of Public Works and to which reference is made for a more particular
24 description; and
25 BE IT FURTHER ORDAINED, that the temporary encroachments are
26 expressly subject to those terms, conditions and criteria contained in the Agreement between
27 the City of Virginia Beach and Joan Shockley, (the "Agreement") which is attached hereto
28 and incorporated by reference; and
29 BE IT FURTHER ORDAINED that the City Manager or his authorized
30 designee is hereby authorized to execute the Agreement.
31 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
32 such time as Joan Shockley and the City Manager or his authorized designee execute the
33 Ageement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 3
34 day of March, 1998.
3 PREPARED LDHayes
CA-#
ORDfN\NONCODE\CA#.ORD
R-1 APPROVED AS TO CONTENTS
SIGNATIURE
DEPARTMENT
APPROVED AS TO LEGAL
SUMCIENC AND FORM
EY
LOCATION MAP SCALE 1 1,600'
CHIUSTOMER
LOCATION MAP FOR
SHOCKLEY
E HMENT AT
5193 RECREST COURT
SCALE: l' 100'
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DATUM C.+.4.vj. 0. 00,
'A A ENT PROPERTY CITY. OF\,(A GEACA
OWNERS: STATE VA
1) CAAPY 9 @@t4
APPLICATION BYZR.S Y
3) \IA SCEAC-H \IA DATE S//@/9-7,
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58.1-811(a)(3)
AND 58.1-811(c)(4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this 20th day of November, 1997, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party
of the first part, and JOAN SHOCKLEY, SINGLE, HER HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE, Grantee, party of the second part.
WITNESSETH:
That, WHEREAS, the party of the second part is the owner of that certain lot, tract,
or parcel of land designated and described as "Lot 14, Block B, Lake Christopher Subdivision,
Phase Five-B" and being further designated and described as "5193 Shorecrest Court, Virginia
Beach, Virginia 23464 - GPIN 1465-46-444" and
That, WHEREAS, it is proposed by the party of the second part to construct and
maintain a bulkhead and pier in the City of Virginia Beach, and
WHEREAS, in constructing and maintaining such bulkhead and pier, it is necessary
that the said party of the second part encroach into a portion of an existing City drainage
easement; and said party of the second part has requested that the party of the first part grant a
temporary encroachment to facilitate such bulkhead, pier and existing deck within a
portion of the City's drainage easement over Lake Christopher.
GPIN 1465-46-4444
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the party of the second part and for the further
consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt
of which is hereby acknowledged, the party of the first part doth grant to the party of the
second part a temporary encroachment to use a portion of the City's drainage easement
for the purpose of constructing and maintaining such bulkhead, pier and existing deck.
It is expressly understood that the location of the face of the bulkhead is to
be no more than two feet in front of the face of the existing bulkhead within Lake
Christopher.
It is expressly understood and agreed that such 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 of Virginia
Beach Public Works Department's specifications and approval as to size, alignment and
location and is more particularly described as follows, to wit:
An area of temporary encroachment into a
portion of the City's drainage easement as
shown on that certain plat entitled: "PLAN
VIEW FOR: JOAN SHOCKLEY 5193
SHORECREST CT., VA BEACH. VA
23464 IN LAKE CHRISTOPHER AT
LAKE CHRISTOPHER, CITY OF VA
BEACH, STATE VA, APPLICATION BY
J. SHOCKLEY, DATE 5/16/97," a copy of
which is attached hereto as Exhibit "A" and
to which reference is made for a more
particular description.
It is ftuther expressly understood and agreed that the temporary encroachment
herein authorized shall terminate upon notice by the City of Virginia Beach to the party
of the second part, and that within thirty (30) days after such notice is given, such
temporary encroachment shall be removed firom the City's drainage easement by the party
of the second part and that the party of the second part shall bear all costs and expenses
of such removal.
It is further expressly understood and agreed that the party of the second part
shall indemnify and hold harmless the City of Virginia Beach, its agents and employees,
from and against all claims, damages, losses and expenses including reasonable attorney's
fees in case it shall be necessary to file or defend an action arising out of the location or
existence of such temporary encroachment.
It is further expressly understood and agreed that nothing herein contained
shall be construed to enlarge such permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein and to the limited extent
specified herein, not to permit the maintenance and construction of any encroachment by
anyone other than the party of the second part.
It is further expressly understood and agreed that the party of the second part
agrees to maintain said temporary encroachment so as not to become unsightly or a
hazard.
It is further expressly understood and agreed that the party of the second part
must obtain a permit from the Development Services Center prior to connnencing any
construction within the City's easement.
It is further expressly understood and agreed that the party of the first part,
upon revocation of such authority and permission so granted, may remove any such
temporary encroachment and charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the collection of local or state taxes;
may require the party of the second part to remove such temporary encroachment; and
pending such removal, the party of the first part may charge the party of the second part
compensation for the use of such portion of the City's easement encroached upon the
equivalent of what would be the real property tax upon the land so occupied if it were
owned by the party of the second part; and if such removal shall not be made within the
time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum
of One Hundred Dollars ($100.00) per day for each and every day that such temporary
encroacinnent 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.
IN WITNESS WHEREOF, Joan Shockley, the said party of the second part
has caused this Agreement to be executed by her signature and seal duly affixed. Further,
that the City of Virginia Beach has caused this Agreement to be executed in its name and
on its behalf by its City Manager and its seal be hereunto affixed and attested by its City
Clerk.
4
('[TY OF VIRGINIA BEACH
B_
City Manager/Authorized
Designee of the City Managei
(SEAL)
ATTEST:
APPROVED AS TO
LEGi,,!- SUFFICIENCY
City Clerk
TO C014TL-IAT
n Shoc
IYEPAINMENT
STATE OF VIRGINIA
CITY OF VIRGINIA BEA('H, to-wit-
The foregoing instniment was acknowledged before me this day of
19---. by ('I'I'Y MANAGER/AUTHORIZEI)
DESIGNEE OF rHF ('[TY MANAGER
Nota Public
My Commission Expires
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit@
The foregoing instrwnent was acknowledged before me this - day of
19-.-, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
Notary Public
My Commission Expires@
STATE OF VIRGINIA
CITY/COUNTY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 20th day of Nov-
ember, 1997, by Joan Shockley.
Notary Public
My Commission Expires:
27
Item VI-J4.a/b.
ORDINANCES/RESOLUTION ITEM # 43315
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinances to appoint viewers:
In the petition of the Virginia Beach School Board for the closure
of a portion of 15th Street between Baltic and Mediterranean
Avenues, containing 16,250 square feet in the Shadowlawn area
(VIRGINIA BEACH BOROUGH)
In the petition of O & R, Inc., a Virginia Corporation, for the
closure of a portion of powhatan Avenue from West Stratford Road
to Shore Drive, located between Blocks 40 and 46, Plat of Ocean
Park, containing 0.748 acres (IIA Y,@IDE BOROI [(,H
The Viewers are:
David M. Grochmal General Services
Robert J. Scott Planning
George N. Tzavaras Public Works
Voting. 10-0 (By Consent)
Council Members Voting Aye.
John A. Baum, Linwood 0. Branch, III, Harold Heischoher,
Barbara M Henley, Louis R. Jones, Reba S Mc-('lanan, Mayor
Meyera E. Oberndorf Nancy K. Parker, Vict, 44@ii)or William D.
Sessoms, Jr and louisa M @trizyhorn
Council Members Voting Nalv
None
Council Members Absent.-
William W Harrivon, Jr
March 3, 1998
ORDINANCE APPOINTING VIEWERS
WHEREAS, the School Board of the City of Virginia Beach has given due and proper
notice, in accordance with the statutes for such cases made and provided that they will on the 3rd
day of March, 1998, apply to the City Council of the City of Virginia Beach, Virginia, for the
appointment of Viewers to view the hereinafter described property and report in writing to the
Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result
from the discontinuance of such portion of the hereinafter described street, and has filed such
application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia
Beach, Virginia:
THAT Robert J. Scott, David M. Grochmal, and George N. Tzavaras are hereby
appointed to view the hereinafter described property and report in writing to the Council as soon as
possible, whether, in their opinion, any, and if any, what inconvenience would result in the
discontinuing and vacating of that certain portion of 15th Street located in the City of Virginia
Beach, Virginia, and more particularly described as follows:
All that certain lot, piece or parcel of land situate, lying and being in
the City of Virginia Beach, Virginia, more particularly described as
"15th STREET TO BE CLOSED BY THE CITY OF VIRGINIA
BEACH CITY COUNCIL AREA = 03730 AC. OR 16,250 SQ. FT."
as shown on that certain plat entitled "STREET CLOSURE PLAT
OF PORTION OF 15TH STREET FROM THE CITY OF
VIRGINIA BEACH BEACH BOROUGH - VIRGINIA BEACH,
VIRGINIA SCALE 1"=50' 21 JANUARY 1998," prepared by W.
P. Large, Inc., to which reference is hereby made for a more
particular description.
All of the above as shown upon that certain plat entitled "STREET CLOSURE PLAT
OF PORTION OF 15TH STREET FROM THE CITY OF VIRGINIA BEACH BEACH
BOROUGH - VIRGINIA BEACH, VIRGINIA SCALE 1"=50' 21 JANUARY 1998," which plat
is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the
street described above.
Adopted by the Council of the City of Virginia Beach, Virginia, on this 3 day
of March, 1998.
CA-6911
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
.4 t6fLaw
NOTICE
PLEASE TAKE NOTICE, that at the meeting of the City Council of the City of
Virginia Beach, Virginia, to be held on the 3rd day of March, 1998, at 2:00 P.M., in the City Council
Chambers, City Hall, Municipal Center, Virginia Beach, Virginia 23456, the undersigned will
petition the Council for the appointment of Viewers to view the hereinafter described portion of 15th
Street and report to the City Council whether in the opinion of the Viewers, what, if any,
inconvenience would result from the vacating, closing, and discontinuance of the portion of same.
The said portion of the street being described as follows:
All that certain lot, piece or parcel of land situate, lying and being in
the City of Virginia Beach, Virginia, more particularly described as
"15th STREET TO BE CLOSED BY THE CITY OF VIRGINIA
BEACH CITY COUNCIL AREA = 03730 AC. OR 16,250 SQ. FT."
as shown on that certain plat entitled "STREET CLOSURE PLAT
OF PORTION OF 15TH STREET FROM THE CITY OF
VIRGINIA BEACH BEACH BOROUGH - VIRGINIA BEACH,
VIRGINIA SCALE 1"=50' 21 JANUARY 1998," prepared by W.
P. Large, Inc., to which reference is hereby made for a more
particular description.
At that time, any affected person may appear and be heard.
At the next regular meeting of the City Council after the report of the Viewers is
received, or as soon thereafter as the matter may be placed on the Council agenda, the undersigned
will Petition the City Council to vacate, close and discontinue the portion of street in the City of
Virginia Beach, Virginia as described above.
SCHOOL BOARD OF THE
CITY OF VIRGINIA BEACH
B
Gary L. Fentress, Esquire
Elizabeth E. Fox, Esquire
City Attomey's Office
Municipal Center
Virginia Beach, VA 23456
(757) 427-4531
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING
A PORTION OF THAT CERTAIN STREET KNOWN AS 15TH STREET
AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "STREET
CLOSURE PLAT OF PORTION OF 15TH STITEET FROM THE CITY OF
VIRGINIA BEACH BEACH BOROUGH - VIRGINIA BEACH,
VIRGINIA SCALE 1"=50' 21 JANUARY 1998," PREPARED BY W. P.
LARGE INC. AND ATTACHED HERETO AND MADE PART HEREOF.
PETITION
TO: THE MAYOR AND THE MEM13ERS OF THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA
Your Petitioner, the School Board of the City of Virginia Beach, respectfully
represents as follows:
1. That pursuant to the provisions of Section 15.2-2006 of the Code of Virginia, the
petitioner applies for the vacating, closing, and discontinuance of that certain street, which is more
specifically described as follows:
All that certain lot, piece or parcel of land situate, lying and being in
the City of Virginia Beach, Virginia, more particularly described as
"15th STREET TO BE CLOSED BY THE CITY OF VIRGINIA
BEACH CITY COUNCIL AREA = 03730 AC. OR 16,250 SQ. FT."
as shown on that certain plat entitled "STREET CLOSURE PLAT
OF PORTION OF 15TH STREET FROM THE CITY OF
VIRGINIA BEACH BEACH BOROUGH - VIRGINIA BEACH,
VIRGINIA SCALE 1"=50' 21 JANUARY 1998," prepared by W.
P. Large, Inc., to which reference is hereby made for a more
particular description.
2. That no inconvenience will result to any persons by reason of said closing,
vacation, and discontinuance of a portion of said street; and the petitioner prays that this Honorable
Council appoint viewers as provided by law to view said platted street proposed to be closed and to
report in writing to the Council as soon as practicable as to whether in the opinion of said Viewers,
what inconvenience, if any, would result from the discontinuance and closing of a portion of said
street, as herein reported and described.
3. That on the 13th day of February, 1998, and the 20th day of February, 1998,
Notice of the presenting of this Application was published in the Virginia Beach Sun, a newspaper
of general circulation in the City of Virginia Beach, Virginia, as evidenced by the Affidavit and
Notice attached hereto.
Respectfully submitted,
SCHOOL BOARD OF THE
CITY OF VIRGINIA BEACH
B@,
,WCoun@el
Gary L. Fentress
Deputy City Attorney
Elizabeth E. Fox
Assistant City Attorney
Municipal Center
Virginia Beach, VA 23456
(804) 427-4531
AFFIDAVIT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
1, Elizabeth E. Fox, attorney for the School Board of the City of Virginia Beach,
Virginia, being first duly sworn, deposes and states:
1. That I am an attorney at law and represent the School Board of the City of
Virginia Beach.
2. That on the 13th day of February, 1998, and on the 20th day of February, 1998,
notice of the presenting of the application to close a portion of that certain street known as 15th
Street on behalf of the City of Virginia Beach was published in the Virginia Beach Sun a newspaper
of general circulation in the City of Virginia Beach, Virginia.
And further the deponent saith not.
Elizabeth E. Fox
Subscribed and sworn to before me this 20th day of February, 1998.
Not@ Public
My conunission expires: 11 - -30 -
Ice I
I
NO'NCE
The VoirgoiniaPLEASE TAKE NOTICE, thatiun
at the meeting of the City Council
of the CitN of Virginia Beach
1 38 South RoseMCVirginia, to be held on the 3rd day
Virginia Beacof March, 1998, at 2:00 P.M., in
the City Council Chambers, City
Hall, Municipal Center. Virginia
Beach, Virginia 23456, the
affidavit undersigned will petition the
Council for the appointment of
Viewers to view the hereinafter
(te@bed portion of I Sth Street @
STATE OF VIRGINIA report to the City Council whether
in the opinion of the View
r,lty OF VIRGINIA BEACH vhat, if any incon,ciiiencewo7d
to wit: result from klie ,-acating, closing,
:in(i @liscon6nuance of the portion
of same. Tl&e@d portion of the
This day Geradena S. Orange ,@eet being described as follows:
A.Ii that certain lot, piece or
personally appeared before me i)arcel of land s;'tuate, lying and
and after being duly sworn made i)eitig i,) the @ily of Virginia
Beach, "irgiiiia, more particularly
oath:
tiescriw as' ]5th STREET TO BE
(1) (He) (She) is affidavit clerk of (7LOSED BY I'HE CITY OF
a newspaper published by Byerly @IRGINIA BEACH CITY
('OIJNCIL AREA=03730 AC. OR
Publications, inthe city of Virginia 16,250 SQ, f7 " as shown on that
Beach, State of Virginia; certain plat entitled "STREET
(@'I,OSURE PLAT OF PORTION
(2) That the advertisement )F@ ST14. STREET FROM THE
hereto annexed of (' T )F VIRGINIA BEACH
@IEA('11 BOROUGH-VIRGIMA
Elizabeth E. F x @IEAcii IIR(,INIA SCALE
has been published, in said @ @,) @ JANIJARY 1999,"
newspaper on the following Iiiep@Lre(II)y WP -arge,Inc., to
@ hicti n@ference is hereby made for
dates: O?-130 02-20 @i [note particular (iescfiption
,%I that time, anv affected person
n@iy appcx and be, heard.
N i i,hc iiex @ meeting of the City
@@ul,@i @itt(!t (hi, report of the
ecet,(,(I, or as soon
jg 98 thereafter as the matter may be
[)Iaceti c)n the Council agenda, the
undersigned will Petition the City
Affiant ('ou,icil to vacate, close and
Subscribed and swot$ to before discontinue the portion of street in
ibc :-it@ if 'Virginia Beach,
me in my city and state aforesaid Virginia as described above.
this got-1, day of February SCHOOL BOARD OF THE
19 98 '17Y r)F VIRGINIA BEACH
8) Elizabeth Fox, Of Counsel
My commission expires :3ary I,. Fentress, Esquire
November 30, 2000 Pli7abeth F Fox, Esquire
it (Attomey @ i)ffice
@l@ %iicipal ('entt"
Notary Public iiginta Beach 23456
7-2
2t2-20
1 4 th
STREET
o@ -WA
2,27 0 %91
tri
86
GT 2.21-@ W6'
325 o@
s @z- w =or
Oa
1 5 t 50'")
m'w~,f
ym
-Nil
x@@
1 6 th STREET
(80- RICRT @)'-W@'i
52
In
LESLIE L. LILLEY MUNIC4PAL CENTER
CITY ATTORNEY STJKDM 1
2QI COKJRTHOLISE DRIVE
VIRGINIA BEACH, VA @@
(767) 4274Wl
FAX 957) @7
CERTIFICATE OF VESTING OF TITLE TM (75n 427@
I, Elizabeth E. Fox, attorney for the School Board of the City of Virginia Beach, Virginia,
do hereby state that:
1. I am an attorney at law and represent the School Board of the City of Virginia Beach, the
petitioner.
2. If the property described below is discontinued, closed and vacated by the Council of
the City of Virginia Beach, Virginia, then title to said property will vest in the School Board of the
City of Virginia Beach, Virginia, which owns the underlying fee to said portion of said street based
upon a Deed between Cala Corporation and the City of Virginia Beach dated November 5, 1997,
and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in
Deed Book 3809, at page 0810, and a Policy of Title Insurance issued to the School Board of the
City of Virginia from Pioneer Title dated November 7, 1997. The statement referenced above is
based solely upon the aforementioned documents.
The said property refeffed to herein is hereby described as follows:
All that certain lot, piece or parcel of land situate, lying and being in
the City of Viriginia Beach, Virginia, more particularly described as
"15th STREET TO BE CLOSED BY THE CITY OF VIRGINIA
BEACH CITY COUNCIL AREA = 03730 AC. OR 16,250 SQ. FT."
as shown on that certain plat entitled "STREET CLOSURE PLAT
OF PORTION OF 15TH STREET FROM THE CITY OF
VIRGINIA BEACH BEACH BOROUGH - VIRGINIA BEACH,
VIRGINIA SCALE 1"=50' 21 JANUARY 1998," prepared by W.
P. Large, Inc., to which reference is hereby made for a more
particular description.
q,034260 ,
BK 38 0 9 0 8 1 0
THUS INSTRUMENT PREPARED BY VIRGINIA
BEACH CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58.1-811(a)(3)
AND 58.1-811(c)(4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS DEED is made this 5th day of November, 1997, by and between CALA
CORPORATION, a Virginia corporation, formerly known as COBO CORPORATION, (the
"Grantor"), and the SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA, (the
"Grantee").
WITNESSETH:
That for and in consideration of the swn of TEN DOLLARS ($10.00) cash in hand
paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Grantor does hereby grant and convey, with GENERAL WARRANTY and
ENGLISH COVENANTS OF TITLE, unto the Grantee, the following described property, to wit:
All the right, title and interest including, but not limited to, the
underlying fee to that portion of the public street situate and being
in the City of Virginia Beach, Virginia, and designated as: "15TH
STREET TO BE ACQUIRED BY VIRGINIA BEACH CITY
PUBLIC SCHOOLS AREA = 0.5739 AC. OR 25,000 SQ. FT."
as shown on that certain plat entitled: "PLAT OF PROPERTY TO
BE ACQUIRED BY SCHOOL BOARD CITY OF VIRGINIA
BEACH FROM CALA CORPORATION BEACH BOROUGH -
VIRGINIA BEACH, VIRGINIA SCALE: 1"=50' 11 JULY
1997," prepared by W.P. Large, Inc. Surveying-Engineering-
Planning-Environmental. Said plat duly recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia
in Map Book 263, at page 31, to which reference is made for
a more particular description.
This conveyance is made subject to the covenants, conditions, restrictions and
easements of record, insofar as they may lawfully affect the aforesaid property.
GPIN: 2427-05-2884; 2427-06-3105
It is understood and agreed that the consideration hereinabove mentioned and paid
to the Grantor constitutes payment in full for the property and interests hereby conveyed and for
damages, if any, resulting from the Project and use made of the property and interests conveyed
herein.
WITNESS the following signatures and seals:
CALA CORPORATION, a Virginia
corporation
BY:
(SEAL)
ATTEST:
ecretary
STATE OF Virginia
CITY/COUNTY OF Virginia Beach, to-wit:
The foregoing instrument was subscribed, sworn to and acknowledged before me
this 6th day of November, 1997, by Edwin B. Lindsley, Jr., President and Secretary of
Cala Corporation, on its behalf.
No cil
(AFFIX NOTARY SEAL)
My commission expires: RECORDEI) W'T"
2 CERTIFIC@,L V @ NNEXE@,
91 moV -7 pti I- 03
ft TICOR TITLE NSURANCE
1
47 7016 106 00011443
Policy of Title Insurance
American Land SUBJECT TO THE EXCLUSIONS FROM 2. Any defect in or lien or encumbrance on the
Title Ammistlon COVERAGE, THE EXCEPTIONS FROM title;
Own*r's Policy COVERAGE CONTAINED IN SCHEDULE B 3. Unmarketability of the title.
(10-17-92) AND THE CONDITIONS AND STIPULA- 4. Lack of a right of access to and from the
TIONS, TICOR TITLE INSURANCE COM- land.
PANY, a California corporation, herein called The Company will also pay the costs,
the Company, insures, as of Date of Policy
shown in Schedule A, against loss or damage, attorneys' fees and expenses incurred in
not exceeding the amount of insurance stated defense of the title, as insured, but only to the
in Schedule A, sustained or incurred by the extent provided in the Conditions and
insured by reason of: Stipulations.
This policy shall not be valid or binding until
1. Title to the estate or interest described in countersigned below by an authorized signa-
Schedule A being vested other than as tory of the Company.
stated therein.
Issued by:
PIONEER -VIRGINIA BEACH TICOR TITLE INSURANCE COMPANY
ONE COLUMBUS CENTER, SUITE 303
P.O. BOX 62426
VIRGINIA REACH, VA 23462
(757) 671-7413 By nt
Attest ary
ALTA OWNER'S POLICY (10-17-92)
Re r r F
AmericanLandTitle Associati on LoanPolicy(10- 1 7-92)
TICOR TITLE INSURANCE COMPANY
OWNER'S POLICY
SCHEDULE A
Agent's I.D. Number: Agents Reference Number
7016 68034
Policy Number: Amount of Insurance Date of Policy:
47 7016 106 00011443 $58,000.00 NOVEMBER 7, 1997 @ 1:03 PM
1. Name of Insured:
SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA
2. The estate or interest in the land described herein and which is covered by this policy is FEE
SIMPLE.
3. The estate or interest referred to herein is at Date of Policy vested in the insured.
4. The land herein described is encumbered by the following mortgage or trust deed and assignments:
and the mortgage or trust deeds, if any, shown in Schedule B hereof.
5. The land referred to in this policy is located in the City of Virginia Beach, State of Virginia and
described as follows:
SEE ATTACHED SCHEDULE A - CONTINUED
This policy valid only if Schedule B is attached
TICOR TITLE INSURANCE COMPANY
OWNER'S POLICY
SCHEDULE A - continued
Policy Number Agent's Reference No.
47 7016 106 00011443 68034
All the right, title and interest including, but not limited to, the underlying fee to that portion of the public
street situate and being in the City of Virginia Beach, Virginia, and designated as: "15TH STREET TO BE
ACQUIRED BY VIRGINIA BEACH CITY PUBLIC SCHOOLS AREA =.5739 AC, OR 25,000 SQ. FT."
as shown on that certain plat entitled: "PLAT OF PROPERTY TO BE ACQUIRED BY SCHOOL BOARD
CITY OF VIRGINIA BEACH FROM CALA CORPORATION, BEACH BOROUGH - VIRGINIA
BEACH, VIRGINIA SCALE: 1"=50', 11 JULY 1997", prepared by W.P. Large, Inc., Surveying-
Engintering-Planning-Environmental. Said plat duly recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia in Map Book 263, at page 31, to which reference is made for a more
particular description.
IT BEING the same property conveyed to the School Board of the City of Virginia Beach, Virginia by deed
of Cala Corporation, a Virginia corporation, formerly known as Cobo Corporation, dated November 5,
1997 and recorded in the aforesaid Clerk's Office in Deed Book 3809 at page 810.
TICOR TITLE INSURANCE COMPANY
OWNER'S POLICY
SCHEDULE B
Policv Number Agent's Reference No.
47 7016 106 00011443 68034
This policy does not insure against loss or damage by reason of the following:
GENERAL EXCEPTIONS:
(1) Rights or claims of parties in possession not shown by the public records.
(2) Encroachments, overlaps, boundary line disputes, and any other matters which would be
disclosed by an accurate survey and inspection of the premises.
(3) Easements, or claims of easements, not shown by the public records.
(4) Taxes or special assessments which are not shown as existing liens by the public records.
SPECIAL EXCEPTIONS
The mortgage, if any, referred to in item 4 of Schedule A, and the following exceptions:
None
PIONEER TITLE
IMPORTANT INFORMATION TO POLICYHOLDERS
In the event you need to contact someone about this policy for any reason, pime contact
your agent. If you have additional questions, you may contact the insurance company issuing this policy
at the following address and telephone number:
TICOR TITLE INSURANCE COMPANY
7921 Jones Branch Drive, 6th Floor
McLean, Virginia 22102
Telephone: 1-800-336-5442
If you have been unable to contact or obtain satisfaction from the company or the agent,
you may contact the Virginia Bureau of Insurance at:
State Corporation Commission, Bureau of Insurance
Property and Casualty Division,
1220 Bank Street, Jefferson Building,
P.O. Box 1157
Richmond Virginia 23209
Telephone: (800) 552-7945 (in Virginia), or
(804) 786-374 1 (outside Virginia).
Written correspondence is preferable so that a record of your inquiry is maintained.
When contacting your agent, company or the Bureau of Insurance, have your policy number available.
NOTE: You are reminded that all claims and notices required under the terms of the
policy must be made to the Claims Department at the Company's principal office at P.O. Box 2233, Los
Angeles, California 9005 1, as required by the terms of the policy. Do not hesitate to contact Ticor's state
office in Fairfax at the address and telephone number shown above should you have any questions.
ORDINANCE APPOINTING VIEWERS
WHEREAS, O & R, Inc., a Virginia corporation, has given due
and proper notice, in accordance with Section 15.2-2006 of the Code
of Virginia, 1950, as amended, that it will on March 3, 1998, apply
to the City Council of the City of Virginia Beach, Virginia, for
the appointment of Viewers to view the hereinafter described
portion of a street and report in writing to the Council whether,
in the opinion of said viewers, any, and if any, what inconvenience
would result from the discontinuance of a portion of such street;
and
WHEREAS, O & R, Inc. has filed such application with the
Council.
NOW, THEREFORE, be it ORDAINED by the council of the City of
Virginia Beach, Virginia:
THAT Robert J. Scott
David M. Grochmal and
George N. Tzavaras are hereby
appointed to view the hereinafter described portion of a street and
report in writing to the Council, as soon as possible, whether in
their opinion, any, and if any, what inconvenience would result
from the discontinuing and vacating of the portion of the street
located in the city of Virginia Beach, Virginia, and more
particularly described as follows:
That certain 0.748 acre portion of Powhatan
Avenue from West Stratford Road to Shore
Drive, as shown upon that certain plat
entitled "Survey of Right-of-way Street
Closure for a Portion of Powhatan Avenue
Located Between Block 40 and 46 of Ocean Park
(Map Book 5, Page 132), Bayside Borough,
Virginia Beach, Virginia," dated January 26,
1998, as prepared by Kellam-Gerwitz
Engineering, Inc., Virginia Beach, Virginia, a
copy of which is attached hereto as "Exhibit
A."
The plat described above is intended to be recorded with the
Ordinance closing the portion of the street described above.
ADOPTED by the City Council of the City of Virginia Beach,
Virginia, this 3 day of March, 1998.
GPIN NO: Street/Not Assigned
IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING
THAT PORTION OF POWHATAN AVENUE FROM WEST STRATFORD ROAD
TO SHORE DRIVE, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED
"SURVEY OF RIGHT-OF-WAY STREET CLOSURE FOR A PORTION OF
POWHATAN AVENUE LOCATED BETWEEN BLOCK 40 AND 46 OF OCEAN
PARK (MAP BOOK 5, PAGE 132), BAYSIDE BOROUGH, VIRGINIA
BEACH, VIRGINIA," DATED JANUARY 26, 1998, AS PREPARED BY
KELLAM-GERWITZ ENGINEERING, INC., VIRGINIA BEACH,
VIRGINIA, COPY OF WHICH IS ATTACHED HERETO AS "EXHIBIT A"
AND MADE PART HEREOF.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioner, O & R, Inc., a Virginia corporation,
respectfully represents as follows:
1. That pursuant to the provisions of Section 15.2-2006 of
the 1950 Code of Virginia, as amended, the Petitioner applies for
the vacating, closing, and discontinuance of a portion of that
certain street which is more specifically described as follows:
That certain 0.748 acre portion of Powhatan Avenue from
West Stratford Road to Shore Drive, as shown upon that
certain plat entitled "Survey of Right-of-Way Street
Closure for a Portion of Powhatan Avenue Located Between
Block 40 and 46 of Ocean Park (Map Book 5, Page 132),
Bayside Borough, Virginia Beach, Virginia," dated January
26, 1998, as prepared by Kellam-Gerwitz Engineering,
Inc., Virginia Beach, Virginia, a copy of which is
attached hereto as "Exhibit A."
2. That no inconvenience will result to any person by reason
of the closing, vacation and discontinuance of a portion of the
street; and the Petitioner prays that this Honorable Council
appoint viewers as provided by law to view the portion of the
platted street proposed to be closed and to report in writing to
the Council as soon as practicable as to whether, in the opinion of
said Viewers, what inconvenience, if any, would result from the
discontinuance and the closing of the portion of the street
described herein above.
3. That on February 13, 1998, and on February 20, 1998,
notice of the presentation of this application was published in the
Beacon section of the Virginian-Pilot & Ledger-Star, a newspaper of
general circulation in the City of Virginia Beach, Virginia.
4. That the owners of the fee simple interest in the land
adjacent to the portion of the street described in paragraph 1 of
this Petition is the Petitioner, which will, as the adjacent land
owner, become the fee simple owner of the closed portion of the
street.
Respectfully submitted
O & R. INC., A VIRGINIA CORPORATION
By
",Of Co@sel
Robert G. Jones, Esq.
Jones, Russotto & Walker, P.C.
128 S. Lynnhaven Road
Virginia Beach, VA 23452
NOTICE
PLEASE TAKE NOTICE, that at the meeting of the City Council of
the City of Virginia Beach, Virginia, to be held on the 3rd of
March, 1998, at 2:00 p.m., at the City Hall of the City of
Virginia Beach, Princess Anne Station, the undersigned will
petition the Council for the appointment of Viewers to view the
below-described portion of that certain street and report to the
City Council whether in the opinion of the Viewers, what, if any,
inconvenience would result from the vacation, closing and
discontinuance of same, the said portion of said street being
described as follows:
That certain 0.748 acre portion of Powhatan Avenue from West
Stratford Road to Shore Drive, located between Block 40 and
46, Plat of Ocean Park (Map Book 5, Page 132), Bayside
Borough, Virginia Beach, Virginia.
All the above, as shown upon that certain plat entitled "Plat,
Section 'C' of Ocean Park, Portion of the Property owned by Ocean
Park Corporation, made by P. F. Moeller, C.E., dated March 29,
1917.
At that time, anyone affected may appear and present his
views.
After the report of the viewers is received, at the next
regular meeting of the City Council, or as soon thereafter as the
matter may be placed on the agenda, the undersigned will Petition
the City Council to vacate, close and discontinue that portion of
Powhatan Avenue in the City of Virginia Beach, Virginia, described
above.
0 & R, INC., orporation
By
Robert G. Jones, Esq.
Jones, Russotto & Walker, P.Cl.
128 S. Lynnhaven Road
Virginia Beach, VA 23452
AFFIDAVIT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Robert G. Jones, attorney for O & R, Inc., a Virginia corporaton, being first duly
sworn, depose and state:
1. That I am an attorney at law and member of the Virginia State Bar and
represent O & R, Inc.
2. That on February 13, 1998, find on February 20, 1998, notice of the presenting
of the application to close a portion of that certain street known as Powhatan Avenue from
West Stratford Road to Shore Drive on behalf of O & R, Inc. was published in the Beacon
a newspaper of general circulation in the City of Virginia Beach, Virginia.
And further the affiant saith not.
Subscribed and sworn to before me this 23rd day of February, 1998.
Notary Pul
MY commission expires:
THE VIRGINIAN-PILOT STAT Cs DATE
02/22/98
PLEA9 HRMT O'@
2MCLO!520@PA@y @E OW
JONES, RUSSOTTO & WALKER
128 S. LYNNHAVEN RD. $
VIRGINIA REACH VA 234S2
xasug EDXTXON rmv-c NSR DESCITXPTXON size GROSS ANT.
02/13/96 FULL 16SI46001 NOTICE PLEASET 2X 0034 97.30
02/20/96 FULL 16Sl46002 NOTICE PLEASET 2X 0034 97.30
TOTAL 194.60
I.tth.
Pi.t, S@t.@
b, @.8@ P.rk
.mh 29,1917,
th. mn@r ..y
p
20 998
State of Virgwa to-wit: AFFIDAVIT
City of Norfolk
This day D. Johnson personally appeared before me and after being duly sworn made oath that3
(1) (He) (She) in affidavit clerk of The Virginian-Pilot a newspaper published by Landmark
Communications Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia
Beach, State of Virginia;
(2) That the advertisement hereto annexed at NOTICE PLEASET has been published in
said newspaper during the following dates: 02/13/98 - 02/20/98
Affiant
Subscribed and sworn to before me in my city and state aforesaid this 22HO day of FEBRUARY
1998
My commission expires AUGUST 31, 1999
JONES, RUSSOTTO & WALKER P.C.
ATTORNEYS AT LAW
128 South Lynnhaven Road
Virginia Beach, Virginia 23452
Robert G. Jones Telephone (757) 486-0333
DoM S. Ruwtto (Admitted only in North Carolina) Fax (757) 340-8583
Susan S. Walker
Michael A. Stakes
January 29, 1998
In Re: IN THE MATTER OF CLOSING, VACATING, AND
DISCONTINUING THAT PORTION OF POWHATAN AVENUE FROM
WEST STRATFORD ROAD TO SHORE DRIVE, AS SHOWN UPON
THAT CERTAIN PLAT ENTITLED "SURVEY OF RIGHT-OF-WAY
STREET CLOSURE FOR A PORTION OF POWHATAN AVENUE
LOCATED BETWEEN BLOCK 40 AND 46 OF OCEAN PARK (MAP
BOOK 5, PAGE 132), BAYSIDE BOROUGH, VIRGINIA BEACH,
VIRGINIA," DATED JANUARY 26, 1998, AS PREPARED BY
KELLAM-GERWITZ ENGINEERING, INC., VIRGINIA BEACH,
VIRGINIA, COPY OF WHICH IS ATTACHED HERETO AS
"EXHIBIT All AND MADE PART HEREOF.
CERTIFICATE OF TITLE
The undersigned, being an attorney licensed to practice law in
the Commonwealth of Virginia, does hereby certify as to the
following matters:
1. That he has examined the title to the property described
in "Exhibit All attached hereto that is the subject of the street
closure for a portion of Powhatan Avenue from West Stratford Road
to Shore Drive.
2. That the property described in "Exhibit A" is owned by the
City of Virginia Beach, a municipal corporation.
3. That the source of title of the property is that certain
deed dated July 20, 1988, from Ocean Park Corporation, Edwin B.
Lindsley, Jr. and Fred Jacobson, individually and as officers,
directors and stockholders, and Paul M. Lipkin, Receiver for the
Ocean Park Corporation, (being a Virginia corporation organized in
1911 and dissolved May 31, 1931, and subsequently reinstated by the
State Corporation Commission on August 17, 1982) to the City of
Virginia Beach, Virginia, a municipal corporation, as duly recorded
in the Clerk's office of the Circuit Court of the City of Virginia
Beach, Virginia, in Deed Book 2752 at page 0162.
4. That there is of record no encumbrance on the above
described property.
5. That the only party having a legal and equitable ownership
interest in the Property is the City of Virginia Beach, Virginia,
as named in paragraph 2 above.
6. The date through which the undersigned certifies the above
matters is January 26, 1998, at 8:00 a.m.
Respectfully submitted,
Robr G.IJO
2
EXHIBIT A
That certain 0.748 acre portion of Powhatan Avenue from Went
Stratford Road to Shore Drive, as shown upon that certain plat
entitled "Survey of Right-of-Way Street Closure for a Portion of
Powhatan Avenue Located between Block 40 and 46 of Ocean Park (Map
Book 5, Page 132), Dayside Borough, Virginia Beach, Virginia,"
dated January 26, 1998, an prepared by Kellam-Gerwitz Engineering,
Inc., Virginia Reach, Virginia, copy of which is attached hereto as
"Exhibit A."
It being a portion of that certain real property identified as
"Parcel Fourteen" in that certain deed dated July 20, 1988, from
Ocean Park Corporation, Edwin B. Lindsley, Jr. and Fred Jacobson,
individually and as officers, directors and stockholders of Ocean
Park Corporation, and Paul M. Lipkin, Receiver for the Ocean Park
Corporation, (being a Virginia corporation organized in 1911 and
dissolved May 31, 1931, and subsequently reinstated by the State
Corporation Commission on August 17, 1982) to the City of Virginia
Beach, Virginia, a municipal corporation, by deed dated July 20,
1998, as recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, in Deed Book 2752, at page 0162.
3
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28
Item VI-J.5.
ORDINANCES/RESOLUTION ITEM # 43316
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Resolution to AUTHORIZE the promulgation of Amendment
Number 4 of the Public Works Specification and Standards
Manual.
Voting. 10-0 (By Consent)
Council Members Voting Aj,,c
John A. Baum, Linwood 0. Branch, III. liarold Heischober,
Barbara M Henley, Louis R. Jones, Reba S Mc-Clanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker, Vic(, 44ai,or William D.
Sessoms, Jr and Louisa M 51rayhorn
Council Memberv Voting Na,v.
None
Council Members Absent.
William W. Harrison, h
March 3, 1998
I A RESOLUTION TO APPROVE AND AUTHORIZE THE
2 ADOP17ION AND PROMULGATION OF
3 AMENDMEENT NUMBER 4 OF PUBLIC WORKS
4 SPECIFICATION AND STANDARDS MANUAL
5 WHEREAS, there exists a requirement for the published engineering standards to be
6 maintained as current and to provide and promulgate technical design criteria, policy interpretations
7 and ordinance application to be ufiked by City staff and the engineering consulting conununity in the
8 preparation, review and approval of all development related plans throughout the City, for the design
9 of all engineering projects by the City, and to promulgate these criteria for contracts awarded by the
I 0 City and for Public Works infrastructure accepted by the City, and
I I WHEREAS, the City's Public Work's Specifications and Standards Manual was adopted June
12 14,1994; and
13 WHEREAS, the Manual has been revised since originally adopted and promulgated on June
14 14, 1994 in three annual amendments; Number 1 dated March 14, 1995, Number 2 dated April 23,
t 5 1996, and Number 3 dated April 1, 1997; and
16 WHEREAS, over the past year, staff members of the Department of Public Works,
17 Engineering Division have assembled revisions and updates to all existing engineering materials,
18 details, and technical requirements relating to the Public Works Specifications and Standards Manual,
19 compiling an Amendment Number 4 (attached hereto) to be inserted into the working document in
20 notebook format, consisting of the following additions or revisions: 1) Section 6.2.31 is amended to
21 allow the use of exposed aggregate in concrete driveways under certain circumstances; 2) Drawings
22 nwnbered B-34(a) and B-34(b) are added to Appendix B relating to alternative revetment shoreline
23 protection for some stormwater management facilities, and 3) Drawing C-7, CG-12, Curb ramp (for
24 Persons with Mobility Impairments) is revised; and
25 WHEREAS, the resulting Amendment Number 4 has additionally been reviewed, revised,
26 and enhanced by expert input from area consulting engineering firms and other interested
27 organizations, such as the Tidewater Builders' Association.
I NOW, THEREFORE, BE IT RESOLVED BY THE COUNCEL OF THE CITY OF
2 VIRGINIA BEACH, VIRGINIA;
3 That the Council approves and authorizes the adoption and promulgation of the Amendment
4 Number 4 of the Specifications and Standards Manual developed by the Engineering Division of the
5 Department of Public Works as identified herein and attached hereto.
6 Adopted by the Council of the City of Virginia Beach, Virginia, on the 3 day of
7 March, 1998.
AS
Do
PUBLIC WORKS SPECIFICATIONS AND STANDARDS MANUAL
AMENDMIENT NUMBER 4 SUMMARY
The revisions to the Public Works Specifications and Standards Manual address items requiring
clarification or supplemental information identified during the last year by those individuals using the
Manual. They have been compiled by staff with input from consultants and outside agencies to
improve the content and clarity of the Manual. Highlights of these revisions are summarized below
The Engineering Division holds regular Bimonthly City/Consultants Meetings to review various
topics of interest.
During the preparation and review of Amendment Number 4 of the Public Works Specifications and
Standards ManuaL all area consultants and a few other interested outside organizations were notified
at the September 10, 1997 and the November 12, 1997 Bimonthly City/Consultants Meeting of this
upcoming amendment. Requests were also made for any new items for inclusion in this amendment
A complete copy of the draft amendment was sent out to everyone with the agenda for the January
14, 1998 Bimonthly Meeting Everyone was given the opportunity to review the entire amendment
package in detail.
There were 12 consultants representing 12 consultant firms in attendance at the January 14, 1998
Bimonthly Meeting, and a summary discussion with a complete copy of the latest comments on this
amendment were presented. Comments were received and incorporated where possible and
appropriate into the amendment. A copy of the final revised amendment was sent out with the
minutes of the January 14th meeting to all area consultants and other interested organizations on the
mailing fist. After the presentation the consultants were informed that they would have another short
summary presentation of the final Addendum Number 4 at the first Bimonthly meeting after adoption
by City Council. A copy of a letter from Tidewater Builders Association is also attached, stating that
they have reviewed the amendment
CHAPTER 6: Additional wording was added to Section 6.2.31 . to allow the use of exposed
aggregate in concrete driveways for residential dwelling units where circumstances are such that the
homeowner's request to use exposed aggregate finish will not conflict with City, State, and Federal
Regulations witch set forth where and how exposed aggregate shall be used for CG-12 Curb Ramps
(for Persons with Mobility Impairments)
APPENDIX B: Two drawings, numbers B-34(a) and B-34(b) have been added to Appendix B for
alternative revetment (hardening) shoreline protection for small to moderate sized stormwater
management facilities. These two new standards should be less expensive than our present rip-rap
design, and at the same time, provide more alteniafives that are acceptable to individual homeowners.
These designs will be monitored after installation over the next few years, to ascertain if further
modifications of these drawings are necessary
APPENDIX C: Drawing C-7, CG-12, Curb Ramp (for Persons with Mobility Impairments) was
revised to include important items from City policy as well as state and federal ADA regulations
2117 Smith Avenue - Chesapeake, VA 23320-2515
757-420-2434 - Main Fax 757-424-5954
Legislative and Regulatory Affairs Fax 757-420-5539
M@ATION PublicaLions/Sales and Production/Communications Fax 757-420-8021
Larry R. HUI
I PUSH)E@
Jeffrey W. Ainslie
- F@ VKE Pu-sDF@w
Robert A. \Videner
- SOCOND VKE W-%)@
Scott M. Gandy
- K@[A@, VKF, PMII)F@ January 21, 1998
James R. Jackson Jr.
SF,@@ Mr. Richard Elliott
Joseph C. Robinson Civil Engineer
Frederick J. N2politano 11 City of Virginia Beach
. IKMM@@ p@17 @- II)E.@ Operations Bldg/Municipal Center
C.hannmg A. Pfeiffer Virginia Beach, VA 23456
- EucL@T VT@ P@ii)rw
BUILL)ER DIRECFORS Dear Richard:
Judy B. Cmmley
iode L. Kirk
Pete A. Kotarides On behalf of the Tidewater Builders Association, I would like to thank you for
Robert B 4ullins the opportunity to comment on amendment number 4 of the Public Works
John C Napolitaw Standards and Specifications Manual.
L Bert Reavis
jeffreyj Wer@rs The shelter industry considers the manual a great tool in being able to "know
Jerry L. Cau@y the rules up-front". Therefore, we solicit comments on proposed amendments,
Kenneth A. Dierks such as the current one, to our site development subcommittee. This
John R. Reddecliff committee consists of builders, developers, and en&cers who regularly do
I Van Rose Jr business in Virginia Beach. With such a diverse membership and ultimately
E j Ryan Jr varying technical opinion, we do not routinely "endorse" the manual.
kri j Zacha@ However we received no concerns from our subcommittee on the proposed
DIREL-rORs EmERm changes in the draft amendment.
Joseph C Addington Jr
Edward P Brogan
Williamj Fanne% We look forward to discussing future amendments in order to continue
William L Hendricks improving the Manual on a routine basis.
Julian PAshkind
Howard M. Wei.@rg
.NAHB PAST PRESIDE.\-5 Sincereiv.
Frederick j ',apoliuno
Stanley Wamnch
.'N'AHB LIFE DiREcToRs
Edward P. Bmgan il,4,i
Lee A. Gifford (dffeawd) Dick Foster, Chaimian
Lawrence j Goldnch
Robert A Lawson Virginia Beach Municipal Affairs Chairman
Frederick j NapoliLano
@'incent A. Napolitano
Julian Rishkind
Michael P R2shkind
Stanley Wamnch
[toward -\I. Weis@g
Wendell A White
2 6
I IBAV P@-T PRESIDE.\7S
Lee A. Gifford (d@e2sed)
[)avid A. How2rd (d@eawd)
Frederick j Napolit2no
Vincen( A. Napolitam
Ted S. Schlossmn
Wuglas W. Talbot "Do Business With A Member"
@tanley Wamnch
HONORARY MLMBFR Affiliated with the Home Builders @ tatic)n of Virginia and
FX,Vle F Hull the National Association of Home Builders
-Visilour website at hitp//wwwpilf)i nl!n(- ),nitha-
Public Works Specifications and Standards
adequate notice and opportunity to relocate
the encroachments prior to the start of
construction.
i. The face of curb radii shall be a minimum of
35-feet at the intersection of a project
street with Atlantic Avenue.
j. The existing traffic control signing and
pavement marking is evaluated. The City shall
ensure the project design conforms to the
current standards and requirements of the
Manual on Uniform Traffic Control Devices
(MUTCD). The required installations shall
conform to current Public Works/Traffic
Engineering standards
k. The pavement section will be constructed of
asphaltic concrete designed for the existing
soil conditions,
l. Existing exposed-aggregate finish driveway
aprons and parking pads are replaced in-kind,
unless in conflict with VDOT of ADA standards.
All other aprons and pads are replaced with
class A-3 concrete. If the property owner
elects to upgrade the driveway or parking pad
to an exposed aggregate finish, the property
owner must pay the cost differential (exposed
aggregate vs. A-3 concrete finish). This is a
material standard; see item m below for
geometric criteria. Exposed aggregate for
residential driveways may be allowed where no
CG-12 curb ramps are adjacent to the
residential driveway. Where concrete sidewalk
(but no CG-12 curb ramps required) abuts either
side of a residential entrance, exposed
aggregate may be allowed for the residential
entrance, except a strip of concrete across
the entrance equal to the width of the
sidewalk which shall be broom finished.
M. Each single-residential unit requires two
parking spaces. Where adequate on-site parking
exists or is required by the approved site
plan, one 12-foot wide driveway is designed so
as to tie into that parking area. Where on-
site parking does not exist or is not required
as part of the approved site plan, a 20-foot
wide parking pad for two cars is designed
within thet right-of-way.
For mult-i-residential units, each unit
requires two parking spaces. Where adequate
on-site parking exists or is required with the
approved site plan, one 12-foot wide driveway
is designed so as to tie into that parking
area. Where on-site parking does not exist or
Revised 2/98 Incidental Concrete Construction Page 6 - 7
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29
Item VI-J.6
ORDINANCES/RESOLUTION ITEM # 43317
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
CERTIFICATES OF PUBLIC CONVENIENCE AND
NECESSITY.
Five Star Limousine
Tom's Limo Service
Voting.- 10-0 (By Consent)
Council Members Voting A- e
John A. Baum, Linwood 0. Branch, III, Harold Heischober,
Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker, T'ic(, Ma.voi William D.
Sessoms, Jr and Louisa M Stra-vhorn
(council Members Voting Nai@
None
(council Members Absent.
William W Harrison, Jr
March 3, 1998
30
Item VI-J.7.
ORDINANCESIRESOLUTION ITEM # 43318
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED:
License Refunds: $38,909.57
Voting, 10-0 (By Consent)
Council Members Voting Aye
John A. Baum, Linwood 0. Branch, 111, Harold Heivchober,
Barbara M. Henley, Louiv R. Jones, Reba S Mc('Ianan, Mayor
Meyera E. Oberndorf,' Nancy K. Parker, Vi(,e Mavor William D.
Sessoms, Jr and Louisa M Stravhorn
C'ouncil Memberv Voting Nav
None
Council Members Absent.
William W Harri,yon, Jr
March 3, 1998
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA-
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Allen, Raymond E. 1996-97 Audit 112.51 2.61 115.12
1001 Emporia Drive
Va Beach VA 23464
Artys Deli Restaurant Inc 1996-97 Audit 392.40 17.54 409.94
729 Abbey Arch
Va Beach VA 23455
Bay Distributing Co Inc 1997 Audit 5,059.63 307.39 5,367.02
1432 Front Avenue
Lutherville MD 21093
Brinker Virginia Inc 1995-97 Audit 179.88 179.88
6820 LBJ Freeway/ Tx Dept
Dallas TX 7520-6515
Certified as
@PhiHp J.KeNaffi-
Commissioner of the Revenue
Approved as to form:
-Cedlie L. Uffey
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $6,071.96 were approved by the Council
of the City of Virginia Beach on the 3 day of March, 1998.
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORONG LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Brookes, Laurel 1996-97 Audit 10.00 0.63 10.63
2880 Holiday Court
Morgan Hill CA 95307
Butt Plumbing & Heating Inc
P O Box 4387 1996-97 Audit 168.00 10.74 178.74
Va Beach VA 23454
Cajulis, Leonora M 1996-97 Audit 10.60 1.67 12.27
4512 Clemsford Drive
Va Beach VA 23456
Carmines Coiffures Inc 1996-97 Audit 33.27 5.40 38.67
2859 Vs Beach Blvd
Va Beach VA 23452
Car
J. Keflam
Commissioner of the Revenue
Approved as to form:
@ L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $240.31, were approved by the Council
of the City of Virginia Beach on the 3 day of March, 1998.
Ruth Hodges Smith
City Clerk
lose C..
AN ORDINANCE AUTHOFUZI14G LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA-
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved-
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Claraton Real Estate/Ins Corp
3832 Vs Beach Blvd 207 1996-97 Audit 4.35 0.70 5.05
Va Beach VA 23452
Coastal Training & Development Inc
1625 Donna Drive 1996-97 Audit 17.26 1.12 18.38
Va Beach VA 23451
Complete Automotive Repair Inc
1493 Diamond Springs Road 1995-97 Audit 3,276.66 201.46 3,478.12
Va Beach VA 23455
Cordle, Yolanda J. 1996-97 Audit 2,158.22 139.63 2,297.85
2742 Manoomin Place
Va Beach VA 23451
C
@Philip J. Kdt m@
Commissioner of the Revenue
Approved as to form:
Le-slre L. Liffey
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $5,799.40 were approved by the Council
of the City of Virginia Beach on the 3 day of March, 1998.
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORONG LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Cover Electric Inc 19%-97 Audit 90.17 18.28 108.45
3322 Vs Beach Blvd
Va Beach VA 23452
Cundiff, Jeff K 1996-97 Audit 17.18 2.74 19.92
1016 Dustin Court
Chesapeake VA 23322
Custom Sports Surfaces Inc 1996-97 Audit 126.04 8.19 134.23
P O Box 200
Cheapeake VA 23321
Davis, Billy G 1996-97 Audit 16.01 2.56 18.57
620 Tyson Road
Va Beach VA 23462
Certified
Philip J. Kellam
Commissioner of the Revenue
Approved as to form:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $281.17 were approved by the Council
of the City of Virginia Beach on the 3 day of March, 1998.
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHOPJZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN NS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Delatore, Maria 1996-97 Audit 19.97 1.96 21.93
413 Harbour Point 304
Va Beach VA 23451
E T Gresham Co Inc 1 9W97 Audit 1,203.61 117.11 1,320.72
P O Box 1077
Norfolk VA 23501
CertffW as to Pav@:
@Ke@m
Commissioner of the Revenue
Approved as to form:
LWWL. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $1,342.65 were approved by the Council
of the City of Virginia Beach on the 3 day of March, 1998.
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Fudala, John C 1995-97 Audit 51.90 4.53 56.43
1104 Sherry Lane
Va Beach VA 23464
Gladstone & Salerno DDS PC 1996-97 Audit 21.31 2.02 23.33
5318 Providence Road
Va Beach VA 23462
Great Atlantic Travel/Tour Inc
1065 Laskin Road 1996-97 Audit 55.12 4.35 59.47
Va Beach VA 23451
H & N Corp 1996-97 Audit 217.30 37.45 254.75
P O Box 833
Va Beach VA 23451
Certo
Philip J. K4[lam
Commissioner of the Revenue
Approved as to form:
LbOe,-v Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $393.98 were approved by the Council
of the City of Virginia Beach on the 3 day of March, 1998
Ruth Hodges Smith
City Clerk
CA sm@
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Hannewald, Robert N 19M-97 Audit 10.00 0.64 10.64
233 Green Kemp Road
Va Beach Vs 23462
Health Glow Inc 1996 Audit 40.28 6.44 46.72
3225 Stapleford Chase
Va Beach VA 23452
Hruska, Elaine F 19%-97 Audit 10.00 1.60 11.60
413 Barberton Drive
Va Beach VA 23451
In Home Health Inc 1996-97 Audit 2,287.93 383.95 2,671.88
5040 Corporate Woods Drive
Vs Beach VA 23462
Philip K@
Commissioner of the Revenue
Approved as to form:
UEI@. Liller - -
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $2,740.84 were approved by the Council
of the City of Virginia Beach on the 3 day of March, 1998.
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHOPANG UCENSE REFUNDS
UPON APPUCATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Indian River Water Company
P O Box 2008 1996-97 Audit 27.00 2.05 29.05
Va Beach VA 23450
Jenkins, Howard T. 19gra-97 Audit 20.97 3.37 24.34
1129 Homestead Drive
Va Beach VA 23464
Jordans Renewal Service Inc
408 Philbate Terrace 1996 Audit 27.56 4.41 31.97
Va Beach VA 23452
Kamp, Gigliola 1998 Audit 101.60 101.60
1328 N Great Neck Road
Va Beach VA 23454
CerttW as to
Commissioner of the Revenue
Approved as to form:
LWW L. Lilliy-
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $186.96 were approved by the Council
of the City of Virginia Beach on the 3 day of March, 1998.
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PEFOONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Kimbis Playworld Inc lg%-97 Audit 77.67 12.35 90.02
405 Lee Highlands Blvd
Va Beach VA 23452
Lancaster, Norma R 1996-97 Audit 10.00 0.65 10.65
2601 Indian River Road
Va Beach VA 23456
Land Yachts LC 1996-97 Audit 60.19 5.03 65.22
497 London Bridge Rd 101
Va Beach VA 23454
Least Cost Formulations Ltd
824 Timberlake Drive 1996-97 Audit 23.88 3.80 27.66
Va Beach VA 23464
Certified as to P
I(efferW-
Commissioner of the Revenue
Approved as to form:
L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $193.57 were approved by the Council
of the City of Virginia Beach on the 3 day of March, 1998.
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PE AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Lester, Barbara 1996-97 Audit 10.00 0.65 10.65
414 Sea Pointe Court 201
Va Beach VA 23451
Logans Towing & Service Inc
2984 S Lynnhaven Rd 111 1996-97 Audit 30.60 4.88 35.48
Va Beach VA 23452
Macs Electric Inc 1996-97 Audit 39.99 2.66 42.65
1244 Executive Blvd 110
Chesapeake VA 23320
Mama Tops Inc 1996-97 Audit 59.70 6.95 66.65
1920 Centerville Turnpike
Va Beach VA 23464
Carlow
hilip J I
Commissioner of the Revenue
Approved as to form:
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $155.43 were approved by the Council
of the City of Virginia Beach on the 3 day of March, 1998.
Ruth Hodges Smith
City Clerk
lo.. c I m@
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
McInnis, Oretha B. 1 9W-97 Audit 280.67 20.57 301.24
928 Diamond Spring Road 130
Va Beach VA 23455
Mark Gonsenhauser Rugs & Carpets Inc
4153 Va Beach Blvd 1996-97 Audit 47.58 47.58
Va Beach VA 23452
Mendoza, Ferdinand & Analiza
3952 Sunstream Pkwy 1995-97 Audit 22.87 22.87
Va Beach VA 23456
Nayak, Ramnath V MD 1995-97 Audit 391.42 25.74 417.16
1020 Independence Blvd 202
Va Beach VA 23455
Ceprtffied as to P
Commissioner of the Revenue
Approved as to form:
L Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $788.85 were approved by the Council
of the City of Virginia Beach on the 3 day of March 1998.
Ruth Hodges Smith
City Clerk
C. @ml 1.
AN ORDINANCE AUTHORONG LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Travers, Robert L lg%-97 Audit 20.49 3.10 23.59
110 86th Street #1/2
Va Beach VA 23451
Tumminelli Electric Co Inc 1995-97 Audit 11.46 1.85 13.31
5773 W. Hasting Arch
Va Beach VA 23462
Waff Shop of Ack/Bimbos Inc
1612 Va Beach Blvd 1996-97 Audit 15.39 0.78 16.17
Va Beach VA 23454
Certified as to Payment:
Commissioner of the Revenue
Approved as to form:
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $53.07 were approved by the Council
of the City of Virginia Beach on the 3 day of March, 1998.
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHOF4Z]NG LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved-
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Rebound Inc. of Virginia 1998 02-13-98 291.11 291.11
1554 Laskin Road 104
Va Beach VA 23451-6168
Smokies Inc 1995-97 Audit 68.61 2.65 71.26
1715 Harpers Road
Va Beach VA 23454
Snap Contracting Corp 1995-97 Audit 17,240.43 381.91 17,622.34
5665 E Va Beach Blvd
Norfolk VA 23502
Townsend, Beth F. C. 1 9W97 Audit 10.00 0.66 10.66
503 Central Drive 103
Vs Beach VA 23454
Certified as to P
Commissioner of the Revenue
Approved as to form:
@@. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $17,995.37 were approved by the Council
of the City of Virginia Beach on the 3 day of March, 1998.
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
McLaughlin, Shelia 1 9W-97 Audit 10.00 0.64 10.64
968 S Oriole Drive
Va Beach VA 23451
Merritt, Evie P 1996-97 Audit 10.47 1.66 12.13
3500 Vs Beach Blvd 31 0
Va Beach VA 23452
Smith, Jackson R, III 1996-97 Audit 47.97 6.54 54.51
P O Box 4494
Va Beach VA 23454
Ca
-'Phigp,l. KeWm-
Commissioner of the Revenue
Approved as to form:
CesUCL. Llikk'
Cfty Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $77.28 were approved by the Council
of the City of Virginia Beach on the 3 day of March 1998.
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING UCENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved-
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Kirsch, Danny R. 19@97 Audit 17.80 1.89 19.69
P O Box 68609
Va Beach VA 23455
Lamotta, Helga Anneliese 1996-97 Audit 32.61 5.16 37.77
4214 Old Lyne Road
Va Beach VA 23456
Markan Inc 1996-97 Audit 953.27 59.15 1,012.42
620 Fordsmere Road
Chesapeake VA 23322
Certified as to P
Commissioner of the Revenue
Approved as to form:
@@ L. Cil@ -
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $1,069.88 were approved by the Council
of the City of Virginia Beach on the 3 day of March, 1998.
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the folk)wing applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Dynamic Systems Intergrations Inc
529 Central Drive 102 1995-97 Audit 251.89 15.83 267.72
Va Beach VA 23454
Ezzell, Larry R. 1996-97 Audit 186.09 11.55 197.64
204 43rd Street
Va Beach VA 23451
Fairfield Psychological Assoc
5320 Providence Road 206 1995-97 Audit 15.95 0.99 16.94
Va Beach VA 23462
Certified as to P
Commissioner of the Revenue
Approved as to form:
-tefie L. Lilley-
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $482.30 were approved by the Council
of the City of Virginia Beach on the 3 day of March, 1998.
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERNFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Bug N Oil Inc 1995-97 Audit 74.50 74.50
1782 Vs Beach Blvd
Va Beach VA 23464
Coastal Fire Protection Co 1996-97 Audit 106.43 16.67 123.10
226 Expressway Court
Va Beach VA 23462
County Seat Stores Inc 1995-97 Audit 495.11 30.73 525.84
P O Box 1442
Minneapolis MN @40
Discount Plumbing Inc 1996-97 Audit 105.43 6.54 111.97
338 Omaha Road
Va Beach VA 23462
Certified as to P
Commissioner of the Revenue
Approved as to form:
@eilie L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $835.41 were approved by the Council
of the City of Virginia Beach on the 3 day of March, 1998.
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON AppucAnON OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Acre ReeJty Inc 19% 02-02_98 147.83 147.83
1640 Va Beach Blvd
Va Beach VA 23454
Ashman, Marian D. 199&97 Audit 10.00 0.52 10.52
3304 Cedar Bridge Road
Va Beach VA 23452
Ayers, Gaynelle I 1 9W97 Audit 10.00 0.62 10.62
4772 Euclid Road S-B
Va Beach VA 23462
Bergano, Allan L DDS 1995-97 Audit 30.65 1.52 32.17
265 N Witchduck Rd U-D
Va Beach VA 23462
Philip j. K@m
Commissioner of the Revenue
Approved as to form:
LWie@ L. Lilliy
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $201.14 were approved by the Council
of the City of Virginia Beach on the 3 day of March, 1998.
Ruth Hodges Smith
City Clerk
3 1
Item VI-K..
PUBLIC HEARING ITEM # 43319
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. VIRGINIA BEACH MARLIN CLUB, INC. AND
WALTER CASON BARCO STREET CLOSURE
March 3, 1998
32
Item VI-K.1.
PUBLIC HEARING ITEM # 43320
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council AUTHORIZED
FINAL APPROVAL of an Ordinance upon application of VIRGINIA BEACH MARLIN CLUB, INC.,
AND WALTER CASON BARCO for the discontinuance, closure and abandonment of the following parcels
(VIRGINIA BEACHBORO(ICH)
Parcel 1. Portion of Greensboro Avenue beginning at the
Northwest intersection of Greensboro Avenue and Mediterranean
Avenue, running a distance of forty-eight (48) feet along the
Northern property line (Southern boundary (if Block 30, Shadow
Lawn Heights) and running in a Southeasterly direction to the
Southwest intersection of Greensboro Avenue and Mediterranean
Avenue, containing 1,327 square feet.
Parcel 2. Portion of Mediterranean Avenue, running a distance
of forty-one (41) feet along the Eastern property line (Western
boundary of Lot 1, Block 18, Shadow Lawn Heighty) and running
in a Northwesterly direction to the Southwest intersection Of
Greensboro Avenue and Mediterranean Avenue, containing 1.547
square feet.
Voting: 10-0
Council Members Voting Aye
John A. Baum, Linwood 0. Branch, 111, Harold Hei.5chober,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor
Meyera E. Oberndorf Nancy K. Parker, Vice Mavot William D.
Sessoms, Jr and Louisa M. @travhorn
Council Members Voting No
None
Council Members Absent.
William W Harrivon,,Jr
March 3, 1998
ORDINANCE NO
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING PORTIONS OF THOSE CERTAIN
STREETS, KNOWN AS GREENSBORO AVENUE AND
MEDITERRANEAN AVENUE, AS SHOWN UPON THAT
CERTAIN PLAT ENTITLED "SUBDIVISION OF PROPERTY
OF THE VIRGINIA BEACH MARLIN CLUB, INC. AND
W. CASON BARCO BEING LOTS 1, 2 AND 1/2 OF LOT 3,
BLOCK 18, LOTS 9 AND 10, BLOCK 30, SHADOWLAWN
HEIGHTS AND THAT PORTION OF WINSTON-SALEM
VACATED NORTH OF BLOCK 30 AND ADJACENT
PROPERTIES, VIRGINIA BEACH BOROUGH,
VIRGINIA BEACH, VIRGINIA"
WHEREAS, it appearing by affidavit that proper notice has been given by VIRGINAI
BEACH MARLIN CLUB, INC. and WALTER CASON BARCO, that they would make
application to the Council of the City of Virginia Beach, Virginia, on February 10, 1998, to have
those portions of the hereinafter described streets discontinued, closed and vacated; and
WHEREAS, it is the judgment of the Council that the portions of said streets be
discontinued, closed and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the
hereinafter described portions of streets be discontinued, closed, and vacated
SEE ATTACHED EXHIBIT "A"
GPIN NO.: 2427-02-9112
Said parcels of land being portions of Greensboro Avenue and Mediterranean Avenue as
indicated on that certain plat entitled "SUBDIVISION OF PROPERTY OF THE VIRGINIA
BEACH MARLIN CLUB, INC, AND CASON BARCO BEING LOTS 1, 2 AND 1/2 OF LOT
3, BLOCK 18, LOTS 9 AND 10, BLOCK 30, SHADOWLAWN HEIGHTS AND THAT
PORTION OF WINSTON-SALEM VACATED NORTH OF BLOCK 30 AND ADJACENT
PROPERTIES, VIRGINIA BEACH BOROUGH, VIRGINIA BEACH, VIRGINIA, which
plat is to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, upon adoption of this Ordinance, and which is made a part hereof by reference.
SECTION II
A certified copy of this Ordinance shall be filed in the Office of the Circuit Court of the
City of Virginia Beach, Virginia, and indexed in the name of the City of Virginia Beach as
Grantor.
SECTION III
This Ordinance shall be effective upon the recordation of this Ordinance and the
subdivision plat entitled "SUBDIVISION OF PROPERTY OF THE VIRGINIA BEACH
MARLIN CLUB, INC AND CASON BARCO BEING LOTS 1, 2 AND 1/2 OF LOT 3,
BLOCK 18, LOTS 9 AND 10, BLOCK 30, SHADOWLAWN MGHTS AND THAT
PORTION OF WINSTON-SALEM VACATED NORTH OF BLOCK 30 AND ADJACENT
PROPERTIES, VIRGINIA BEACH BOROUGH VIRGINIA BEACH, VIRGINIA, in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia.
SECTION IV
@ed: March 3, 1998
AUTHORIZED FINAL APPROVAL
APPROVED AS TO
LEC,@i,@'-'C@)UFFIC!ENCY
s,rcumult
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P.C@
A@ AT
2
EXHIBIT "A"
PARCEL ONE
That portion of unimproved right-of-way, known as Greensboro Avenue beginning at the
northwest corner of the intersection of Greensboro Avenue and Mediterranean Avenue, and
running in a westerly direction along the northern right-of-way line of Greensboro Avenue a
distance of approximately forty-eight (48) feet to the low water mark of Lake Rudee; thence
turning and running in a southeasterly direction along the low water line of Lake Rudee to the
point of intersection with the southern right-of-way line of Greensboro Avenue; thence turning
and running along the southern right-of-way line of Greensboro Avenue to the point of
intersection with the western right-of-way line of Mediterranean Avenue (southwest corner);
thence turning and running north 13° 51' 27" east 50 feet along the western right-of-way line of
Mediterranean Avenue to the point of beginning.
PARCEL TWO
That portion of unimproved right-of-way known as Mediterranean Avenue beginning at the
southeast corner of the intersection of Mediterranean Avenue and Greensboro Avenue and
running south 13° 51' 27" east 39.10 feet to the low water mark of Lake Rudee; thence turning
and running in a northwesterly direction along the low water line of Lake Rudee to the point of
intersection with the western right-of-way line of Mediterranean Avenue; thence running in a
northerly direction along the western right-of-way line of Mediterranean Avenue to its
intersection with the southern right-of-way line of Greensboro Avenue (southwest corner);
thence turning and running north 76° 08' 33" east 50 feet to the point of beginning.
STCLOSUR
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DISCLOSURE STATEMENT
DATE July 30, 1991
NAME(S) OF APPLICANT(S) Virginia Beach Marlin Club, Inc. and Walter Cason Barco
NAME(S) OF ALL OWNERS (if different from applicant)
TYPE OF APPLICATION:
Rezoning from to
Conditional Use Permit for
street closure x
Subdivision variance
TO BE COMPLETED BY OR FOR THE APPLICANT:
1. If the applicant is a corporation, list the officers of the corporation:
Patrick J. Milmoe
Sole Officer, Director, and Stockholder of Virginia Beach Marlin Club, Inc.
2. If the applicant is a partnership, firm or other unincorporated
organization, list all members or partners in the organization:
TO BE COMPLETED BY OR FOR THE OWNER (if different from applicant)
I. If the owner is a corporation, list the officers of the corporation:
2. If the owner is a partnership, firm or other unincorporated organization
list all members or partners in the organization:
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33
Item VI-L.
APPOINTMENTS ITEM # 43321
BY CONSENSUS, City Council RESCHEDULED.
FRANCIS LAND HOUSE BOARD OF GOVERNORS
PERSONNEL BOARD
VIRGINIA BEACH CRIME TASK FORCE
Mar(-h 3,1998
34
Item VI-O.
ADJOURNMENT ITEM # 43322
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 2:13 P.M.
Beverly 0. Hooks, CMCIAAE
Chief Deputy City Clerk
---- ----- ---- --- - -------
th od es Smit , C@CIAA I,,' Meyet-,i E Oberndorf
City Clerk Mali;ol
City of'Virginia Beach
Virginia
March 3, 1998