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CITY COUNCIL AGENDA
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THLRSDAY
DECEMBER 6, 1990
ITEM 1. COUNCIL CONFERENCE SESSION - Conference Room 11:30 AM
A. FRANCIS LAND HOUSE BOARD OF GOVERNORS
Mark Reed, Executive Director
Judith K. Connors, Acting Chair
B. TIDEWATER DETENTION HOME
Robert A. Truitt, Executive Director
ITEM Ii. CITY COUNCIL CONCERNS - Conference Roorn - 12: NOON
ITEM 111. L U N C H - Conference Room - 12:20 PM
ITEM IV. INFORMAL SESSION - Conference Room - 12:40 PM
A. CALL TO CRDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM V. FCRMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO CRDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Father William J. Dale
Church of the Ascension
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
G. INFORMAL & FORMAL SESSIONS - November 27, 1990
H. PUBLIC HEARING
1. FY 1991 Capital Budget $ 93,071,579
Ten-Year CIP $1,503,051,548
Proposed Tax Extension Increases and Levies
1. CRDINANCES
1. Ordinances, upon SECOND READING, to adopt the CAPITAL IMPROVEMENT
PROGRAM:
a. FY 1990-91/FY 1994-95 Capital Improvement Program; to
APPROPRIATE $93,071,579 for the FY 1990-91 Capital Budget,
subject to funds being provided from various sources set forth
herein; and, to reallocate CIP funds appropriated In prior
fiscal years.
b. Author I z! ng the I ssuance of General Obl lgation Bonds of the
City of Virginia Beach, Virginia, in the maximum amount of
$32,500,000 for various Public Facilities and General
Improvewts.
c. Authorizing the issuance of Water and Sewer System Revenue
Bonds of the City of Virginia Beach, Virginia, in the maximum
amount of $14,560,000.
d. Authorizing the issuance of General Obligation Bonds of the
Clty of Virginia Beach, Virginia, In the maximum amount of
$8,000,000 for Road, Highway and Bridge purposes.
e. To AMEND and RECRDAIN Section 35-137 of the Code of the City of
Virginia Beach, Virginia, re tax levy on restaurant meals.
f. To AMEND and RECRDAIN Section 35-159 of the Code of the City of
Virginia Beach, Virginia, re tax levy on hotel/motel lodging.
g. To AMEND and RE(RDAIN Section 21-75 of the Code of the City of
Virginia Beach, Virginia, re local vehicle license tax
imposition.
J. CONSENT AGENDA
All matters listed under the Consent Agenda are considered In the
ordinary course of business by City Council and will be enacted by
one motion In the form listed. If an Item Is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Ordinances, upon FIRST READING:
a. To ACCEPIT and APPROPRIATE a $20,000 Grant from the Council on
the Environment; and, IRANSFER $20,582 from Reserve for
Contingencies In matching funds to complete the Second Phase of
the Natural Areas Inventory re the State Natural Heritage
Program.
b. To ACCEPT and APFROPRIATE $13,789 from the State Department of
Mental Health, Mental Retardation and Substance Abuse Services
to Atlantis Apartment Complex Youth Activity Program.
c. Ordinance to TRANSFER $127,000 from the Computerized Signal
Expansion (2-988) to Traffic Safety Improvements (2-816) re
Installing traffic signal at Intersection of Princess Anne Road
and Sandbridge Road.
d. Ordinance to AMEND 16th Year Community Development Block Grant
Statement re establishing a Pilot Emergency Fund; and,
TRANSFgt $10,000 currently designated for the rehabilitation of
a shelter to such fund.
e. Ordinances to authorize temporary encroachments:
1. Into a portion of the right-of-way of the City's property
known as Parks Avenue to Virginia Beach Center for the Arts
for an entrance sign (VIRGINIA BEACH BOROUGH).
2. Into a portion of the City's property at the corner of
North Witchduck Road and Independence Boulevard to James W.
and Rose A. Greene for a privacy fence (BAYSIDE BOROUGH).
f. Requests of Department of Parks and Recreation:
1. Release a 1.02 acre park reservation, required by Section
4.5(a) of the Subdivision Ordinance, for the Subdivision of
Bellamy Plantation at Jackson Farm, Phase 1.
2. Waive standard park reservation, required by Section 4.5(a)
of the Subdivision Ordinance, for the Subdivision of
Bellamy Plantation at Jackson Farm, Phase 2.
g. Ordinance authorizing tax refunds In the amount of $974.73.
K. PLANNING
1. Ordinance of CENTRAL FIDELITY BANK for the discontinuan e_
ndonment of a portion of Cleveland I cI c'osur:
and aba 5treet beg nn ng t th
Western boundary of Independence Boulevard and running In a
Westerly direction a distance of 225 feet, being 50 feet In width
and containing 11,205 square feet (BAYSIDE BCROUGH).
Deferred Indefinitely: February 26, 1990.
Deferred for compliance: May 14, 1990.
Deferred: November 27, 1990
Recommendation: FINAL APPROVAL
L. APPOINTMENTS
BOARD OF BUILDING CODE APPEALS
CHESAPEAKE BAY PRESERVATION AREA BOARD
COMMUNITY SERVICES BOARD
DEVELOPMENT AUTHCRITY
FRANCIS LAND HOUSE BOARD OF GOVERNORS
PLANNING COMMISSION
RESCRT AREA ADVISORY COMMISSION
SCHOOL BOARD
TIDEWATER DETENTION HOME
BOARD OF ZONING APPEALS - Confirmation
M. LINFINISHED BUSINESS
N. NEW BUSINESS
0. ADJOLRNMENT
CITY COUNCIL SESSIONS
CANCELLED
DECEMBER 25, 1990
(Christmas Day)
JANUARY 1, 1991
(New Year's Day)
11/29/90 Igs
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virgltila Beacil, Vlrginia
December 6, 1990
Mayor Meyera E. Oberndorf called to order the COUNCIL CONFERENCE SESSION of the
VIRGINIA BEACH CITY COUNCIL in the Conference Room, City Hall Building, on
Thursday, December 6, 1990, at 11:30 A.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. J6nes, Paul J. Lanteigne, Reba
S. McClanan, Meyera E. Oberndorf and Nancy K.
Parker
Council Members Absent:
William D. Sessoms, Jr. (ENTERED: 12:30 P.M.)
City Council was RESCHEDULED to Thursday due to the National League of Cities
Conference in Houston, Texas, December 1-5, 1990.
- 2 -
C I T Y M A N A G E R ' S B R I E F I N G
FRANCIS LAND HOUSE BOARD OF GOVERNORS
11:30 A.M.
ITEM # 33779
Judith K. Connors, Acting Chair - Francis Land House Board of Governors,
advised in January 1990, the Board elected its Officers: Charles R. Burke -
Chairman, Admiral Richard E. Rumble - Vice Chairman, Cecilia D. Vail -
Secretary; and, Dolores A. Burke - Treasurer. The Terms of seven (7) of the
current members expire this month. The records indicate sporadic Board
attendance. The By-laws state the Board shall consist of fifteen (15) Members.
A most important decision made by the Council was to return the final two
unsold parcels of land from the original Rose Hall property to the Francis Land
House, which provides a potentially significant area for the expansion of
interpretative programs.
In 1989, the Board engaged Marilyn S. Melchor to develop a furnishings plan for
the House. This project was financed by the Friends of the Francis Land House.
Based on this plan, students from Tidewater Community College design classes
prepared and presented water coloring renderings of furnishings depicted in the
furnishings plan. Then based on this input, a furnishings philosophy was
adopted which called for utilizing both reproductions and antique pieces. A
goal was established to raise $165,000 over the next three years for
furnishings. Contributions from the Ford Motor Company, the Virginia Beach
Council of Federated Women's Clubs and the Suburban Woman's Club provided the
funds to purchase the first piece of furniture, a sofa, under this new
philosophy and for the installation of ultra-violet filters, which will protect
these furnishings acquired for the house. Other significant actions include a
revision of the rental policy and the establishment of a fee schedule more
comparable with other rental locations. The Board has been actively gathering
information on proper methods for repair and preservation of the original
floors. To assure the success of the fund raising plan, to enhance the
educational programs and visitor services, the Board is investigating the
possibility of a promotional video. Presentations on this subject have been
made to the Board. The Friends of the Francis Land House, a Committee under the
Board of Governors, have continued to show exemplary support of the House. They
have co-sponsored events of outstanding programs, solicited memberships and
conducted fund raising events including the recent fifth annual Christmas Craft
Fair providing funds for acquisition of house furnishings.
A commitment to interpretative education programs continues through a
successful Elementary School outreach and in-house activities. During the past
year, approximately 3,000 elementary school children from 16 schools have
learned about experiences that shaped life in Colonial Princess Anne County.
Another special interpretative program has been developed in collaboration with
the Colonial Coast Girl Scout Council. "Exploring the Past" has been designed
to provide the Girl Scouts with a history oriented program based on the girls'
badge requirements. Two events have been held and three more are scheduled for
the Spring of 1991. Girls participating in the program may wear the Francis
Land House Patch, designed by one of the girls. In the Spring, the Francis Land
House was a sponsoring organization for the Annual Virginia Association of
Museums' Conference held in Virignia Beach. The Francis Land House will be
presented the Fifth Annual Twelfth Night visit with the Land Family on Sunday,
January 6, 1990, from 5:00 to 7:00 P.M. The Honorable Mayor Oberndorf will
again be assisting in offering a toast for the New Year.
As some Members have resigned prior to the expiration of their term, which is a
loss to the Francis Land House and an impediment to accomplishing goals, Mrs.
Connors suggested an exit interview be conducted to determine why individuals
accept an appointment and then evidently become disillusioned Partially due to
the reduced number of Board Members, the Chairman's ambitious goals for
committees has not been realized. If the challenges contained in the Board
Bylaws are to be fulfilled, Comittee Members, with the background and interest
in committing the time, are vital. Mrs. Connors referenced the City of Virginia
Beach Easy Access Guide. The Francis Land House is not mentioned in this
publication and Mrs. Connors requested its inclusion.
- 3 -
C I T Y M A N A G E R ' S B R I E F I N C
FRANCIS LAND HOUSE BOARD OF GOVERNORS
ITEM # 33779 (Continued)
Donald Fraser advised the Ways and Means Committee has compiled an Advisory
Committee, which will constitute a list of influential citizens who will be
requested to join the Committee.
Mark Reed, Executive Director - Francis Land House, has held this position for
thirteen months. Mr. Reed has worked closely with the Board of Governors to
assure all concerns have been approached from the point of view of intelligent
discussion and compromise. Mr. Reed looked forward to also working with the
newly appointed Members of the Board. Currently, the facility is rented
primarily for wedding receptions and Christmas oriented parties. There have
been approximately 15 rentals throughout the calendar year, which produced
approximately $5,000 of revenue. A gift shop operation also produces revenue.
Once the house is completely furnished, a small admission fee could be charged
comparable to similar historic sites in the region.
Mr. Reed has accomplished the reclassification of the Administrative Secretary
position at the Francis Land House. This is now a Museum Education Specialist.
This individual would oversee the development of programs for elementary school
children and the general public. However, due to the economic situation, this
position is currently vacant. Having conducted interviews, Mr. Reed is awaiting
an exemption to fill this position.
- 4 -
C I T Y M A N A G E R ' S B R I E F I N G
TIDEWATER DETENTION HOME
11:50 A.M.
ITEM # 33780
Mr. Robert A. Truitt, Executive Director - Tidewater Detention Home, advised he
was the former Director of the Pendleton Project in 1973. This facility was
designed to take children out of jail in Virginia Beach. In 1971, there were
219 children in jail primarily because the detention home was full. The Less
Secure Detention Program was established in 1972. This was the first program of
its kind in the United States at the time. This was a five-year Federal Grant
co-operatively funded by the City of Chesapeake and the Federal Government.
Mr. Truitt advised both programs were running over capacity. Last month, there
were 94 children in 52 beds in the Secure Facility and 14 children in 12 beds
in the Less Secure Facility. In 1976, after a stormdoor broke, the City of
Virginia Beach moved the facility to Recreation Drive. The original five-room
bungalow became a two-story building. The City of Virginia Beach assumes
maintenance of the exterior and grounds while the City of Chesapeake is
responsible for maintenance of the interior of the building located on
Recreation Drive in the Kempsville Borough of the City of Virginia Beach.
Mr. Truitt expressed appreciation to Judge Thomas F. Betz, Jr. as a valuable
and dedicated Board Member since 1972.
Mr. Truitt distributed Population Statistics relative the Secure Detention and
the Less Secure Detention and its utilization by Chesapeake, Portsmouth,
Virginia Beach, Suffolk, Franklin, Isle of Wight and Southampton. Said
information is hereby made a part of the record.
Acclaim has been received from the National Bureau of Detention Association for
this Detention program, as this was the only one operational in the United
States at the time of commencement of the project. The ages of the children
incarcerated usually range from 10 through 17. The youngest child in the Secure
Facility was 6-years old; however, this was approximately 12 years ago. In the
Less Secure Facility, the youngest are usually 12 years of age. There has been
an increase in drug related cases.
Frank Kern, Executive Director, advised 800 individuals throughout the United
States, Canada and Puerto Rica, attended the National Juvenile Detention
Association (NJDA) Conference in October. The Association was very impressed
with Virginia Beach. The American Correctional Association also wishes to have
their National Conference here in 1994. The City has a well earned strong
reputation in the juvenile justice system. The return rate to the detention
facility is approximately fifty to sixty percent (50% to 60%). Ninety percent
(90%) of the crimes are committed by ten percent (10%) of the children.
- 5 -
CON C E R N S OF T HE MAYOR
12: 1 0 P. M.
ITEM # 33781
Mayor Oberndorf referenced correspondence from Read Commercial Properties
concerning Pair Service Company, Inc./U-Cycle Recycling Centers, Inc. They
requested assistance in resolving a possible contradiction and/or oversight in
the language and Intent of the City's Zoning Ordinance applicable to the
operation of recycling facilities as a primary use in 1-2.
Read Commerical Properties advised, if the property were rezoned to 1-1, and a
conditional use permit approved, as has been suggested, such permit would only
be issued for a perlod of twelve (12) months, after which time an extension
must be obtained. The dilemma presented with this alternative Is the term of
the permit Is less than the minimum lease term required by the owner ot the
property and there are no assurances an extension will be given. Copies of said
correspondence are hereby made a part of the record.
The City Manager will provide maps depicting the existing 1-1 and 1-2 zoned
areas to assist in weighing the neighborhood impacts. Impacts may occur
relative the types of material being recycled.
ITEM # 33782
Mayor Oberndorf distributed a Memorandum relative a possible procedure which
could be followed on the selection of School Board Meinbers. Said letter is
herby made a part of the record.
- 6 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 33783
Councilman Lanteinge referenced correspondence from the Hampton Roads Chamber
of Commerce extending an invitation to a Legislative Forum on December 17,
1990. The Chamber invited the Mayor to present Virginia Beach's 1991
Legislative Package.
Councilman Lanteigne suggested that prior to the formulation of a Legislative
Package City Council should receive input from the City's Legislators regarding
their opinions on the best issues to address. Because of a very tight budget,
fiscal issues are of utmost importance, i.e. sunset clause on the $2.00 court
cost fee will expire in July 1991.
Councilman Heischober advised the Chamber of Commerce had assumed the City
ADOPTED a Legislative Package.
Mayor Oberndorf advised the City of Chesapeake, as there will be no increase in
real estate taxes, are possibly including in their legislative packages the
1/2-cent Sales Tax to fund education and have requested the support of the
Cities in the area. The City of Hampton has compiled a list of mandates on
local government from both the State and the Federal level. They are requesting
support to ask the Legislators no longer mandate programs unless the financing
can be provided to support them.
Councilman Brazier referenced the Friday, November 16, 1990, Legislative
Breakfast. Suggestions were received from the Legislatures. There was
discussion relative the Pendleton Project and accumulated penalties.
Councilwoman McClanan advised legislation in Richmond is a changing process. A
Bill does not usually come out in the form initiated.
Vice Mayor Fentress requested the City Manager and Robert Matthias,
Intergovernmental Relations Coordinator, prepare in written form a
summarization of the discussion of topics at the Legislator's Breakfast.
Legislative Concerns will be discussed during the City Council Sessions of
December 11, 1990.
Relative the Chamber of Commerce's Legislative Forum on December 17, 1990,
Mayor Oberndorf requested the City Council advise her the appropriate position
to relay to the Chamber.
ITEM # 33784
Relative State redistricting, Legislative Services began in the western part of
the State and worked toward the eastern portion. Councilman Clyburn inquired
concerning local reapportionment.
Mayor Oberndorf advised on October 2, 1990, the City Council RECEIVED the
report of the MAYOR'S COMMITTEE ON REAPPORTIONMENT. The City Council might not
wish to tract the identical areas depicted for the General Assembly
representatives.
ITEM # 33785
Councilwoman Parker referenced the request of the Mayor on August 7, 1990, for
Members of City Council to provide information regarding five issues or goals
the City Council needs to address over the next year. Last year a Strategic
Planning retreat was held at the Pavilion.
Mayor Oberndorf will distribute a proposal for a Strategic Planning Session.
7
I T EMS OF T HE C I T Y MANA GE R
ITEM # 33786
The City Manager referenced Requests of Department of Parks and Recreation:
Release a 1.02 acre park reservation, required by Section 4.5(a) of the
Subdivision Ordinance, for the Subdivision of Bellamy Plantation at Jackson
Farm, Phase 1 AND, Waive standard park reservation, required by Section 4.5(a)
of the Subdivision Ordinance, for the Subdivision of Bellamy Plantation at
Jackson Farm, Phase 2 (See item J.l.f.1 and 2 of the CONSENT AGENDA). The City
Manager reqljested this item be PULLED from the Agenda. The City staff must meet
with Civic Leagues concerning this Item.
- 8 -
ITEM # 33787
The INFCRMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Obern dor f in the Con f erence Room, Ci ty HAII BUII ding, on
Thursday, December 6, 1990, at 12:55 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Mernbers Absent:
None
9
ITEM 33788
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virg
inia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of appointment of specific
public appointees pursuant to Section 2.1-344(A)(1). To-wit: Appointments -
Boards and Commissions as listed in the Formal Agenda.
2. LEGAL MAFTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of
legal advice by counsel pursuant to Section 2.1-344 (A) (7). Actual or
probable litigation or other specific legal matters are the following: 1.
Christian Broadcasting Network, Inc. v. City of Virginia Beach.
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 10
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
December 6, 1990
2:10 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL In the Council Chambers, City Hal I Building, on Thursday,
December 6, 1990, at 2:10 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan' Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Father William J. Dale
Church of the Ascension
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Item V-E.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 33789
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCCRDANCE 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 Aye:
John A. Baun, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Members Voting Nay:
None
Council Members Absent:
William D. Sessoms, Jr.
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE
SESSION, pursuant to the affirmative vote recorded in ITEM # 33788
Page No. 9, and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 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 lawfully 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.
Rtfth Podges S7mith, CMC/AAE
City Clerk December 6, 1990
- 12 -
Item V-F. 1.
MINUTES ITEM # 33790
Upon motion by Councilman Clyburn, seconded by Vice Mayor Fentress, City
Council APPROVED the Minutes of INFCRMAL AND FCRMAL SESSIONS of November 27,
1990.
Voting; 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Members Voting Nay:
None
Council Members Absent:
William D. Sessoms, Jr.
- 13 -
Item V-H. 1.
PUBLIC HEARING ITEM # 33791
Mayor Oberndorf DECLARED a PUBLIC HEARING:
FY 1991 CAPITAL IMPROVEMENT PRO(RAM $ 93,071,579
TEN-YEAR CIP $ 1,503,051,548
PROPOSED TAX EXTENSION INCREASES AND LEVIES
The fol lowing spoke expressing their concerns relative various issues:
Rae LeSesne, 5325 Thornburg, Phone: 497-8008, President of the Citizens Action
Coal ltion. Mr. LeSesne spoke In OPPOSITION to the CIP, which falls to address
the urgent need for additional schools.
Colonel Robert Engesser, 5290 Vestry Drive, Phone: 499-3157, requested City
Council address the crises.
Linwood Branch, President of the Virginia Beach Hotel/Motel Association, 1000
Atlantic Avenue, Phone: 428-6141, urged the acceleration of the revitalization
of Atlantic Avenue and spoke In SUPPCRT of the Tax Levy on Hotel/Motel
Lodging.
Henry Richardson, 2800 Pacific Avenue, Phone: 428-2203, owner of the Comfort
and Empress Inn, urged the acceleration of the revital ization ot Atlantic
Avenue and spoke in SUPPORT of the Tax Levy on Hotel/Motel Lodging.
Daniel B. Diviney, 1048 Belvoir Lane, Phone: 424-3571, President of Lake James
Homes Associatlon. The Association was in OPPOSITION to the portion of the CIP
that contains funding for the Conterville Turnplke Phase 1A Relocation.
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke in OPPOSITION to the
Restaurant Meal Tax and Vehicle License Taxes. Costs should be cut.
Irvin Whitehurst, 1013 Princess Anne Road, Phone: 426-2281, spoke in SUPPORT of
improvements to Sandbridge Road but In OPPOSITION to increased taxes. Mr.
Whitehurst suggested a tol I be establ ished on Sandbridge Road to pay for the
improvements.
Bill Dillon, 203 22nd Street, Phone: 425-6330, President of the Virginia Beach
Restaurant Association. Mr. Di I Ion spoke in OPPOSITION to the extension of
the tax levy on restaurant meals.
Kal Kassir, 2009 Alphine Road, Phone: 481-5511, Member of the Board of
Directors of the Restaurant Association Mr. Kassir spoke In OPPOSITION to the
extension of the tax levy on restaurant meals.
Barbara Yates, 1000 Atlantic Avenue, Phone: 428-6141, WAIVED her right to
speak.
Mayor Oberndorf referenced a faxed letter from Gregory N. Stillman, Chairman of
the School Board, relative review of the Capital Improvement Program. Said
letter is hereby made a part of the record.
There being no further speakers, the Mayor CLOSED the PUBLIC HEARING.
- 14 -
Item V-I.I.a.
CRDINANCES/RESOLUTIONS ITEM # 33792
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPITED upon SECONDREADING:
Ordinance to adopt the FY 1990-91/FY 1994-95
Capital Improvement Program; to APFROPRIATE
$93,071,579 for the FY 1990-91 Capital Budget,
subject to f unds being provided trom various
sources set forth herein; and, to real locate CIP
funds appropriated in prior fiscal years.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones,* Paul J. Lanteigne, Mayor
Meyera E. Oberndorf** and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan and Nancy K. Parker
Council Members Absent:
None
**Mayor Oberndorf voted a VERBAL NAY on No. 6-931 Sandbridge Sawers and No.
2-150 Ferrell Parkway Phases VI and VII
*Councilman Jones DECLARED pursuant to Section 2.1-639.14(G) of the Code of
Virginia, ownership of properties fronting on the following Road Projects: #2-
930 Salem Road, #2-037 Landstown Road, #2-820 Princess Anne Road Phase 111,
Included in the Capital Improvement Program. Councilman Jones VERBALLY
ABSTAINED on the aforementioned projects. Counci Iman Jones' IF-,tter of November
27, 1990 is hereby made a part of the record.
LOUIS R JONES 1008 WITCH PONT TRAIL
COUNCILMAN - BAYSIDE BOROUGH VIRGIN A BEACH, VIRGINIA 23455
(804) 583 01 77
November 27, 1990
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk's Office
Municipal Center
Virginia Beach, VA 23456
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of
Virginia
Dear Mrs. Smith:
Pursuant to the Virginia Conf lict of Interests Act, Section
2.1-639.14(G), Code of virginia, and in addition to my verbal
disclosure of November 20, 1990, I make the following declaration:
1. The transaction for which I am executing this written
disclosure is the November 20, 1990 Council consideration
of ordinances concerning the Capital Improvement Program,
general obligation bonds, and water and sewer system
revenue bonds.
2. I own property on SaleM Road, Landstown Road, and
Princess Anne Road which is adjacent to the location of
improvements which will result from the Capital
Improvement Program. My property is valued in excess of
$10,000.00. The City Attorney has advised that I have
a personal interest in the transaction before Council as
it is reasonably foreseeable that my property will be
affected by the improvements.
3. The City Attorney has advised me that in his opinion I
am a member of a group, i.e. , surrounding similarly
situated property owners, the members of which are all
affected by the transaction.
Mrs. Ruth Hodges Smith -2- November 27, 1990
4 . Pursuant to S 2.1-639.14(G), I wish to disclose this
interest and declare that I am able to participate in the
transaction fairly, objectively, and in the public
interest as a member of a group, the members of which are
affected by the transaction.
Accordingly, I respectfully request that you record this
declaration in the official records of the City Council. I have
enclosed an opinion letter from Leslie L. Lilley, City Attorney,
which addresses this same matter.
Thank you for your assistance and cooperation in this matter.
Since
L u@is
Counc
LRJ/awj
Enclosure
LESLIE L. LILLEY MUNICIPAL CENTER
Cl@ ATTORNEY @IRGINIA BEACI. VA 2@56-900@
(80@) @27-@531
November 27, 1990
Councilmember LoUiS Jones
Municipal Center
Virginia Beach, VA 23456
Re: Ordinances Concerning the Capital Improvement Program,
General Obligation Bonds, and Water and Sewer System
Revenue Bonds
Dear Mr. Jones:
I am writing in response to your request for an opinion as to
whether you may participate in the transaction of the Virginia
Beach City Council regarding the ordinances concerning the Capital
Improvement Program, General Obligation Bonds for Public
Facilities/General Improvements, Water and Sewer System Revenue
Bonds, and General Obligation Bonds for Roads, Highways, and
Bridges. I have previously, on November 20, 1990, rendered to you
a verbal opinion with respect to this same transaction. This
opinion is consistent with the verbal opinion of November 20, 1990.
Summary Conclusion:
From my review of the Conflict of Interests Act and the
information provided by you as referenced below, I am of the
opinion that you have a personal interest in the transaction of the
Virginia Beach City Council concerning the ordinances concerning
the Capital Improvement Program and bonds, as a result of your
ownership of property on Salem Road, Landstown Road, and Princess
Anne Road. However, as a member of a group of persons affected by
the transaction, you may participate in the transaction upon
disclosure of your interest pursuant to Va. Code S 2.1-639.14(G).
I have enclosed a disclosure letter which complies with SS 2.1-
639.14(g) for your convenience.
I base the aforesaid opinion on the following facts and
discussions.
Councilmember Louis Jones -2- November 27,'1990
Facts Presented:
Your request for an advisory opinion is generated by the
November 20, 1990, City Council consideration of ordinances
concerning the FY 1990-1991/FY 1994-1995 Capital Improvements
Program, General Obligation Bonds for various public facilities and
general improvements, Water and Sewer System Revenue Bonds, and
General Obligation Bonds for road, highway and bridge purposes.
The Capital Improvements Program Ordinance appropriates $93,071,579
for the FY 1990-91 Capital Budget and will have its first reading
on November 20, 1990. The bond ordinances scheduled for their
first reading this date are: one authorizing the issuance of the
maximum $32,500,000 for various public facilities and general
improvements; another authorizing the issuance of water and sewer
system revenue bonds in the maximum amount of $14,560,000; and
another authorizing the issuance of general obligation bonds in the
maximum amount of $ 8, 0 0 0, 0 0 0 f or road, highway and bridge purposes.
You have advised that your concern, and reason for requesting
this opinion, is that you own property on Salem Road, Landstown
Road, and Princess Anne Road. Your property is valued in excess
of $10,000.00 and is located adjacent to roads which will receive
improvements as a result of the Capital Improvement Program and
issuance of bonds referenced herein.
Issue:
Are you precluded from participating in the transaction of the
Virginia Beach City Council concerning the ordinances to adopt the
Capital Improvement Program and authorizing the issuance of general
obligation bonds and water and sewer system revenue bonds because
of your ownership of property on Salem Road, Landstown Road, and
Princess Anne Road.
Discussion:
I. Applicable Definitions:
A. City Council is a goverrlmental agency, as it is a
legislative branch of local government as defined in S 2.1-639.2
of the virginia State and Local Gover=ent Conflict of Interests
Act.
B. You are an officer within the meaning of S 2.1-639.2 of
the above-referenced Act.
C. The application for rezoning to be voted on by City
Council is a "transaction" as defined by the Act. The Act defines
a transaction as "any matters considered by any ... governmental
Councilmember Louis Jones -3- November 27, 1990
agency on which off icial action is taken or contemplated."
2.1-239.2.
D. "Personal interest" is defined in SS 2.1-639.2 as being
a financial benefit or liability which accrues to an officer,
employee, or to an immediate family member. The interest exists
by reason of one of five categories specified therein as: 1)
ownership in business if the ownership interest exc6eds 3% of the
total equity of the business; 2) annual income from ownership in
real or personal property or a business in excess of $10,000; 3)
salary from the use of property or paid by a business that exceeds
$10,000 annually; 4) ownership of real or personal property when
the interest exceeds $10,000 in value, exclusive of ownership in
a business, or salary; and 5) personal liability incurred or
assumed on behalf of a business which exceeds 3% of the asset value
of the business.
E. Section 2.1-639.2 defines a "personal interest in the
transaction" as existing when an officer or employee or a member
of his immediate family has a personal interest in property or a
business or represents any individual or business and such
property, business cr represented individual (i) is the subject of
the transaction or (ii) may realize a reasonable foreseeable direct
or indirect benefit or detriment as the result of the agency
considering the transaction.
II. Application of Definitions:
A. Personal Interest
You have a personal interest in the land you own on Salem
Road, Landstown Road, and Princess Anne Road by virtue of its value
in excess of $10,000.
B. Personal Interest in the Transaction
In order to have a personal interest in the transaction,
your property must be either the subject of the transaction or
realize a reasonably foreseeable direct or indirect benefit or
detriment as a result of the transaction., Unfortunately
"reasonably foreseeable" is not defined in the Conflict of
lIn circumstances where the effect of a transaction is
speculative, remote or contingent on factors beyond the officer's
control, it is not reasonably foreseeable that the officer's
personal interest will benefit or suf fer as a result of the pending
transaction. Additionally the test of reasonable foreseeability
is to be applied at the time of the transaction. West v. Jones 228
Va. 409, 415 (1984); 1986-87 Report of the Attorney General II.
Councilmember Louis Jones -4- November 27, 1990
Interests Act and, therefore, the question of "reasonable
foreseeability" has been left to the judgment of the enforcing
officer. While an opinion of the City Attorney is advisory only,
I believe it is reasonably foreseeable that the outcome of the vote
on the ordinances may have an affect on your property which may
enhance or detract from its value and thus you have a personal
interest in the transaction within the meaning of the Conflict of
Interests Act.
III. Disclosure Requirements
Based on the fact that you are a member of a group which is
affected by the transaction, i.e., all surrounding similarly
situated property owners, you may participate in the transaction
regarding the ordinances approving the Capital Improvement Program
and authorizing the issuance of the referenced bonds when it comes
before the Virginia Beach City Council upon disclosure of your
personal interest and a determination by you that you can
participate fairly and objectively in the public interest. A
proposed disclosure letter which complies with SS 2.1-639.14(G) is
enclosed for your convenience. You may either make this
declaration orally, which is to be recorded in the written minutes
of the City Council, or you may file a signed written declaration
with the Clerk of City Council, who shall retain and make this
document available for public inspection for a period of five years
from the date of recording or receipt.
The Conflict of Interests Act deals with the types of
influences upon a public officer's judgment which are clearly
improper. The law does not, however, protect against all
appearances of improper influence. In that respect the Act places
the burden on the individual officer to evaluate whether the facts
presented create an appearance of impropriety which is unacceptable
or which would af f ect the conf idence of the public in the of f icer I s
ability to be impartial. I have opined that you may participate
in the transaction after disclosure. However, if you are concerned
that participating in the transaction, even after disclosure,
creates an unacceptable appearance, you may abstain from voting
under SS 2.1-639.14(E) provided that you first disclose your
interest in the transaction.
As a final note to any conflict of interests opinion,
SS 2.1-639.18(c) provides that a written opinion of the City
Attorney made after a full disclosure of the facts, is advisory and
admissable as evidence that the local officer did not knowingly
violate the Act, while a favorable opinion of the Commonwealth's
Attorney as the enforcing officer of the COIA, provides immunity
councilmember Louis Jones -5- November 27, 1990
from any alleged violation. If you choose to seek an opinion of
the Commonwealth's Attorney, I will be pleased to assist you in
that regard.
Please contact me should you desire any additional
information.
Very truly yours,
es ie L. L'l le
ity Attrney
LLL/awj
cc: Robert J. Humphreys
I AN ORDINANCE TO ADOPT THE
2 FY 1990-9i/FY 1994-95 CAPITAL
3 IMPROVEMENT PROGRAM AND TO APPROPRIATE
4 $93,071,579 FOR THE FY 1990-91
5 CAPITAL BUDGET SUBJECT TO FUNDS BEING
6 PROVIDED FROM VARIOUS SOURCES SET FORTH HEREIN
7 WHEREAS, the City Manager, on September 18, 1990, presented to City Council the Capital
8 Improvement Program for fiscal years 1991-95,
9 WHEREAS, City Council held public hearings on the program to provide for public comment,
10 WHEREAS, based on public comment, City Council has determined the need for the
1 1 projects in the Capital Improvement Program,
12 WHEREAS, it is necessary to appropriate funds for the projects underway or beginning in
13 the 1990-91 fiscal year as set forth in said Capital Improvement Program.
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
15 BEACH, VIRGINIA:
16 Section 1: That the program for the construction of, or addition to capital facilities identffied
17 for fiscal year 1990-91 through 1994-95 is hereby adopted and that projects lisled herein are approved as
18 capital projects.
19 Section 2: That the projects shall be financed from funds to be appropriated periodically by
20 Cfty Council, and until funds are so provided, the projects are for planning purposes only and may be
21 deleted, altered, or rescheduled in any manner at any time by City Council.
22 Section 3: That funds in the amounts aggregating $93,071,57,9 for capital projects underway
23 or beginning in the 1990-91 fiscal year as set forth in said Capital Improvement Program arc- hereby
24 appropriated, subject to the conditions set forth, as follows:
25 CAPITAL PROJECT
26 SCHOOL PROJECTS:
27 1-004 Kempsville High School Modernization $ 3,310,000
28 1-022 Tallwood High School 309,000
29 1-040 Underground Storage Tanks - Schools 350,000
30 1-960 Various Schools Roofing - Phase Ill 200,000
31 1-992 Various Schools Roofing - Phase IV 1,454,000
32 TOTAL SCHOOL PROJECTS 623 0 0
33 ENGINEERING AND HIGHWAY PROJECTS:
34 Roadway Prowects:
35 2-019 Indian Lakes Boulevard - Phase 1 $ 117,634
36 2-021 Rural Road Improvements 100.000
37 2-036 Roadway Advanced Land Acquisition 198,979
38 2-037 Landstown Road 96,C>80
39 2-039 Dam Neck Road - Phase 1 1,252.433
40 2-040 West Neck Bridge 1,353,142
41 2-042 Mill Dam Bridge 313,981
42 2-055 London Bridge Road - Phase 1 205,117
43 2-065 Indian River Road - Phase IV 23,492
HWAV PMr) lPrTS
44 ENGINEERING ANr) HIG -: (concluded)
45 : (concluded)
46 2-070 Northampton Boulevard - Phase 11 $ 17,032
47 2-071 Dam Neck Road - Phase 11 173,284
48 2-075 Rosemont Road - Phase IV 734,924
49 2-078 Courthouse Loop - North 1,000,000
50 2-080 Indian Rtver Road - Phase V 1,440,040
51 2-081 Tidewater Community College Offsite Access
52 Improvements 103,084
53 2-086 SoLqh Plaza Trail 126.563
54 2-096 Ferrell Parkway - Phase V 658.522
55 2-098 Princess Anne Road - Seaboard Rcad Intersection 195,400
56 2-121 Roadway Impact Reduction Program 200,000
57 2-122 Gum Swamp Bridge 148,426
58 2-129 Elbow Road Bridge 200,120
59 2-132 London Bridge Road Extended 361,563
60 2-134 Flanagan's Lane 268,924
61 2-135 Lynnhaven Drive 195.266
62 2-141 Economic Development investment Program 300,000
63 2-169 Rosemont Road Widening 63,200
64 2-810 Centerville Turnpike - Phase IA 594,815
65 2-816 Traffic Safety improvemerits 737,080
66 2-820 Princess Anne Road - Phase ill 91,284
67 2-831 Independence Boulevard - Phase Ill 16,019,039
68 2-833 First Colonial Road - Phase Ill 6,16,963
69 2-837 Various Cost Participation Projects 118,924
70 2-903 Rudee Inlet Bridge 362.164
71 2-910 General Booth Boulevard - Phase 11 3.3,228
72 2-929 Virginia Beach Boulevard - Phase Ill 743,330
73 2-936 Ferrell Parkway - Phase la 3,165,312
74 2-980 Seatack Streets - Phase IIA 4.0,600
75 2-984 Seatack Streets - Phase IIB 620.318
76 2-987 Independence Boulevard - Phase IV 3,560,608
77 Total Roadway Projects 71 471
78 Stormwater Proiects:
79 2-014 Lynnhaven Inlet Maintenance Dredging $ 100,000
80 2-020 Various Drainage Improvements 200,000
81 2-1 1 0 Southhall Quarter Drainage 31,139
82 2-113 NPDES Stormwater System Permit Application 554,248
83 2-114 Princess Anne Plaza Drainage - Phase 11 853,671
84 2-115 Rosemont Road - Windsor Wood Drainage 859,598
85 2-116 Salem Road Box Culven 114,700
86 2-117 Wolfsnare Dftch Improvements 306,802
87 2-170 North Beach Storm Drainage Interim ltnprovements 350,000
88 2-704 Beach Erosion Control and Hurricane Protection 703,703
89 2-800 Lynnhaven Colony Drainage 75,770
90 2-815 Stumpy Lake Hydraulic Study and
91 Drainage Improvements 17.000
92 2-817 Chesapeake Beach Drainage - Phase 1 49.525
93 2-819 Ocp-an Park Storm Drainage 1,921,121
94 2-823 Salem Canal Improvements 1,263,204
95 2-830 Rudee Inlet Dredging 205,500
96 2-960 Oceana Gardens West Drainage 767,878
97 3-933 Landfill #2 - Expansion 800,000
98 Total Stormwater Projects $ 9,173,859
99 Bikeway Pro'ects:
100 2-107 Lynnhaven/Princess Anne Bikeway $ 284,095
101 2-148 Various Bikeway Improvements 75,000
102 Total Bikeway Projects $ 359,095
103 Resort Area Proeects:
104 2-049 Resort Streetscape Improvements $ 13,694,685
105 2-051 Resort Parking Improvements 280,379
106 2-066 Oceanfront Connector Parks 2,269,925
107 Total Resort Area Projects $ 16,244,989
108 TOTAL ENGINEERING AND HIGHWAYS PROJECTS $ 62,349,414
109 BUILDING PROJECTS:
110 3-005 Underground Storage Tanks - City $ 1,125,000
ill BUILDING PROJECTS: (concluded)
112 3-007 Pesticide storage Facility
113 3-008 Computer Aided Dispatch System $129,529
114 3-010 Beach Borough Service 1,200,000
115 3-304 Princess Anne Library Center 236,614
116 3-910 Ke 113,171
117 mpsville Public Safety and Library Services
Expansion
118 3-954 Fire Station - Diamond Springs 89,347
119 3-968 Fire/Rescue Station - General Booth 238,068
120 3-976 Fire Training Center Enhancements 178,387
121 3-977 Judicial Center 328,812
1,917,000
122 3-980 Farmers' Market Parking Lot Expansion 30,500
123 3-986 Municipal Center Ren0vation - Programming 82,374
124 3-992 Pendleton Child Service Center Relocation 989_417
125 TOTAL BUILDING PROJECTS
5 21
126 PAIIKS AND RECREATION PROJECTS:
127 4-809 Rosemont Forest Park
128 4-936 Recreation Office and Storage Facility at SChoof SiteS $ 154,000
129 121,946
4-939 Neighborhood Park AcQuisition and Development 250,000
130 4-948 Scenic Waterways Impr@ovements 200,000
131 4-949 Existing Cfty Property - District/Community Park
132 Development 587,500
133 4-950 Currently Owned But Undeveloped Neighborhood Park
134 Improvement - Backloo Reduction 162@500
135 4-951 Neighborhood/Com@unity Park Acquisition Develqpment -
136 High Priority Deficit Area 300,,OOO
137 4-954 Tennis Court Renovations -@o 000
138 TOTAL PARKS AND RECREATION PROJECTS 880 946
139 TOTAL GENERAL IMPROVEMENT PROJECTS 51 1 @79
140
141 5-001 Virginia Beach Boulevard - Phase Ill $ 272,000
142 5-039 Broad Bay Colony - 51% Type 20,000
143 5-045 Independence Boulevard - Phase Ill 20,000
144 5-048 Lynnwood/Michaelwood - 51 % Type 1,030,000
145 5-068 Comprehensive Water Study - Phase 11 100,000
146 @69 Small Line Improvements - Phase 11 250,000
147 5-070 Various Highway Projects - Phase 11 200,000
148 5-071 Water Request and Agreement Pro.jects - Phase 11 250,000
149 5-073 Indian River Road - Phase V 260,000
150 @74 Richard Road 50,000
151 5-075 Gunn Hall Drive 110,000
152 5-076 Kempsville Road 200,000
153 5-077 Ocean Park Water Line Extensions 90,000
154 5-079 Rosemont Road - Phase [V 170,000
155 5-080 Lakeville Estates - 51 % Type 825,000
156 5-081 Sherry Park - 51 %Type 760,000
157 @5 Lynnhaven Pump Station Modifications 192,361
158 5-921 London Bridge Road - Phase 1 204,000
159 5-938 Kempsville Suction - Phase I 100,000
160 5-953 Great Neck Road - Phase 11 55,000
161 5-966 Atlantic Avenue Improvements 5 00
162 TOTAL WATER UTILITY PROJECTS 658 361
163
164 6-003 Landstown Road $ 330,000
165 6-004 Landstown Municipal Properly 245,000
166 6-011 Woodland 560,000
167 6-012 South Plaza Trail Bridge Sewer 70,000
168 6-015 Infiltration, Inflow, and Rehabilitation - Phase 11 500,000
169 6-016 Pump Station Modifications - Phase 11 400,000
170 6-017 Various Highway Projects - Phase 11 50,000
171 6-018 Various Sewer Projects - Phase 11 700,000
172 6-M9 Wftchduck Road 112,939
173 6-925 Atlantic Avenue Improvements 700,000
174 6-928 Cavalier/North Linkhorn Park 386,000
175 6-934 Bay Colony 2,065,000
176 6-935 Broad Bay Colony 1,000,700
177 6-937 Aragona Rehabilitation 200,000
178 SE : (concluded)
179 6-939 Comprehensive Sewer Study $600,000
180 6-940 Tanglewood 25,000
181 6-941 Laurel Manor/Dogwood Acres 265,000
182 6-944 Princess Anne Hills 400,000
183 6-948 Lynnwood/Michaelwood 1,600,000
184 6-962 Timbedake Force Main 240,000
la5 6-976 Busky Lane 257.000
186 6-990 Holland Utilities 170,000
187 6-995 Lakeville Estates 2 0
188 TOTAL SEWER UTILITY PROJECTS 901 639
189 TOTAL WATER AND SEWER UTILITY PROJECTS 5 0
190 TOTAL APPROPRIATIONS 071 579
191 To be funded from the following sources:
192 General Appropriations $ 15.134,563
193 1990 Chaner Bonds 32,500,000
194 1988 Road Bond Authorfty 81000,000
195 1989 Road Borid Authority 81000,000
196 1990 Road Bond Authorfty 8,000,000
197 Water and Sewer Fund 2,000,000
198 Revenue Bonds 14,560,000
199 Revenue Sharing 495,000
200 State Contribution 1,501,312
201 Federal Contribution 337,000
202 Other 2,b@7Q4
203 TOTAL $ 93@071,579
204 Amounts appropriated above amend any 19W - 1991 fiscal year allocations previously
205 authorized in the FY 1990-91 Operating Budget adopted by the City Council on May 14, 1990.
206 Section 4. That the Resort Program Capftal Project Fund shall be used for the purpose of
207 accounting for the revenues, appropriations, expenditures, and encumbrances associated with the resort
208 area capital improvement program.
209 Section 5. That capital project funds appropriated in prior fiscal years are@ to be reallocated
210 In accordance wfth said Capital Improvement Program as follows:
211 SCHOOL PROJECTS:
Z12 TRANSFER TO:
213 1-GO4 Kempsville High School Modernization $ 991,000
214 1-960 Various Schools Roofing - Phase Ill 350,000
215 TOTAL TRANSFERS TO $ 1,341,000
216 TRANSFER FROM:
217 1-007 School Plant Faclifty Addition $ 10,424
218 1-010 Ocean Lakes High School 485
219 1-019 Adult Learning Center Parking Lot 4,744
220 1-936 Princess Anne High School Modernization 99,998
221 1-937 Salem Junior High School 167,464
222 1-951 Salem High School 10,951
223 1-954 Center for Effective Learning 272,188
224 1-962 Parkway Elementary School 452
225 1-965 Various Schools Air Conditioning - Phase Ill C>31,092
226 1-972 Running Tracks - Conversion to Metric 19,130
227 1-974 Williams Elementary School Renovation 124,072
228 TOTAL TRANSFERS FROM $ 1,341,000
229 ROADWAY PROJECTS:
230 TRANSFER TO:
231 2-039 Dam Neck Road - Phase 1 $ 853,297
232 2-083 Indian Lakes Boulevard - Phase 11 404,858
233 2-091 Independence Boulevard - Phase 11 IIA-2 1,366
234 2-092 Northampton Bouelvard - Phase A 211,196
235 2-412 Virginia Beach Boulevard - Phase 1 216,977
236 2-984 Seatack Streets @ Phase IIB 105,268
237 2-987 Independence Boulevard - Phase IV 77,148
238 TOTAL TRANSFERS TO:
870 110
239 TRANSFER FROM:
240 2-021 Rural Road Improvements $ 10,000
241 2-034 Pavilion Drive - South 46,300
242 2-041 South Plaza Trail Brldcle 18,289
243 2-065 Indian River Road - P@ase IV 92,826
244 2-070 Northampton 13oulevard - Phase 11 207
245 2-810 Centerville Turnpike - Phase ]A 20,000
246 2-837 Various Cost Participation Projects 1.759
247 2-910 Generaf Booth Boulevard - Phase 11 115,541
248 2-925 Northampton Boulevard - Phase 1 57,927
249 2-936 Ferrell Parkway - Phase IB 1,490,362
250 2-946 Gracetown Area Street Improvements 99
251 TOTAL TRANSFERS FROM 1,870,110
252
253 TRANSFER TO:
254 2-117 Wolfsnare Ditch ImProvements 300 000
255 TOTAL TRANSFERS TO 300 000
256 TRANSFER FROM:
257 2-951 Lake Banbury Outfall Drainage 300 0
258 TOTAL TRANSFERS FROM $ 300,000
259
260 TRANSFER TO:
261 2-107 Lynnhaven/Princess Anne Bikeway 20 o@
262 TOTAL TRANSFERS TO 205,015
263 TRANSFER FROM:
264 2-068 Bayfront Bikeway 2 5 15
265 TOTAL TRANSFERS FROM 205,015
266
267 TRANSFER TO:
268 2-049 Resort Streetscape Improvements 8 965
269 TOTAL TRANSFERS TO 890 965
270 TRANSFER FROM:
271 2-054 City Gateway Project 450,000
272 2-067 Resort Streetscap'e Demonstration Prolect 350,000
273 3-962 Resort Area Demonstration Project
274 TOTAL TRANSFERS FROM 890,965
275 UILDING PROJECTS:
276 TRANSFER TO:
277 3-992 Pendleton Child Service Center Relocation 5 801
278 TOTAL TRANSFERS TO 5,801
279 : (concluded)
280 TRANSFER FROM:
281 3-973 Percent for Arts Program 801
282 TOTAL TRANSFERS FROM 5,801
283 WA
284 TRANSFER TO:
285 5-006 Dam Neck Road - Phase 11 $ 20,000
286 5-044 Independence Boulevard - Phase A-2 40,000
287 5-061 Northampton Boulevard - Phase 1 34,000
288 5-068 Comprehensive Water Study - Phase 11 160,000
289 5-M Small Line Improvements - Phase 11
290 5-070 Various Highway Projects - Phase 11 533,000
291 5-071 Wa 124,000
ter Request and Aoreement Projects - Phase 11 999,000
292 6-015 Infiltration, Inflow, and'Rehabilitation - Phase 11 689.000
293 6-016 Pump Station Modifications - Phase 11 1,200,000
294 6-017 Various Highway Projects - Phase 11 100,000
295 6-W8 Various Sewer Projects - Phase 11
296 6-944 Princess Anne Hills 651,189
297 965,000
6-948 Lynnwood/Michaelwood 535,000
298 6-976 Busky Lane 26,000
299 TOTAL TRANSFERS TO $ f),076,189
300 TRANSFER FROM:
301 5-022 Great Neck Point - 51% Type $ 7.000
302 5-025 Alanton - 51 % Type 250,000
303 5-029 Linkhom Point - 51 % Type 60,000
304 5-038 North Seaboard Road Water - 51 % Type 45,000
305 5-049 Woodland - 51 % Type 277,000
306 @52 Little Haven - 51% Type 75,000
307 5-057 Lynndale Estates - 51 % Type 74,000
308 5-306 Water Request and Agreement Projects 999,000
309 5-832 Comprehensive Water Study 160,000
310 5-833 Various Highway Projects 124,000
311 5-925 Landstown Pump Station Modifications 125,000
312 5-939 Kempsville Suction - Phase 11 70,000
313 5-977 Kempsville Pump Station Modifications 50,000
314 5-980 Shore Drive Pump Station Modifications 100,000
315 6-316 Various Sewer Projects 651,189
316 6-605 Pump Station Modifications 1,200,000
317 6-815 Infiltration, Inflow and Rehabilitation 689,000
318 6-824 Various Highways Projects 100,000
319 6-943 Linkhorn Point 200,000
320 6-964 Baxter Road 70,000
321 6-979 Bells Road/Credle Road 125,000
322 6-980 River Road 225,000
323 6-981 Shorehaven 300,000
324 6-982 Dwyer Road 50,000
325 6-984 North Seaboard Road 50,000
326 TOTAL TRANSFERS FROM $ 6,076,189
327 Section 6. That additional appropriations and the addition of capital projects shall not be
328 inftiated except with the consent and approval of the City Council first being obtained.
329 Section 7. That the restriction with respect to the expenditure of funds appropriated shall
330 apply only to the totals of each project class.
331 All contracts awarded for approved and appropriated capital projects, exclusive of school
332 projects, must be cenified as to the availability of funds by the Director of Finance prior to the initiation of
333 work on the contract.
334 Section 8. That this ordinance shall be in effect from and after the date of fts adoption.
335 Section 9. That if any part or parts, section or sections, sentences, clauses, phrases of this
336 ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the
337 -lidfty of the reniaining portions of this ordinance.
338 Adopted by the Council of the City of Virginia Beach, Virginia on the 6 day of
339 December 1 1990.
340 First Reading: November 20, 1990
341 Second Reading: December 6, 1990
1 5
Item V-I.I.b
CRDINANCES/RESOLUTIONS ITEM # 33793
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council ADOPTED upon SECOND READING:
Ordinance authorizing the issuance of General
Obligatlon Bonds of the City of Virginia Beach,
Virginia, in themaximum amountof $32,500,000 for
various Public Facilities and General Improvements.
Voting: 10-1
Council Members Voting Aye:
John A. Ba Lxn James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Mayor Meyera E. Oberndorf and William D.
Sessoms, Jr.
Council Members Voting Nay:
Nancy K. Parker
Council Members Absent;
None
I AN ORDINANCE AUTHORIZING THE ISSUANCE OF:
2 GENERAL OBLIGATION BONDS OF THE CITY OF
3 VIRGINIA BEACH. VIRGINIA, IN THE MAXIMUM
4 AMOUNT OF $32,500,000 FOR VARIOUS PUBLIC
5 FACILITIES AND GENERAL IMPROVEMENTS
6 WHEREAS, the City desires to authoriz, th, issuance of general obligation public
7 improvement bonds for various purposes in the maximum amount of $32,500,000 without submitting the
8 question of their issuance to the qualified voters:
9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
10 I - It is hereby determined to be necessary and expedient for the City of Virginia Beach,
1 1 Virginia (the City), to construct and improve various public facilities and general improvements, all of
12 which will promote the public welfare of the City and its inhabitants and will facilitate the orderly growth,
13 development, and general welfare of the City, and to finance the costs thereof through the borrowing of
14 $32,500,000 and issuing the City's general obligation bonds therefor.
is 2. Pursuant to the City Charter and the Public Finance Act, there are hereby authorized
16 to be issued public improvement bonds of the City in the maximum amount ot
17 $32,500,000, to provide funds, together with other funds that may be available, for following purposes:
18 School projects, including planning, design, $ 3,619,000
19 construction, renovation, expansion, equipping,
20 and furnishing of schools and related facilities.
21 Engineering and highway projects, including site 20,702,176
22 acquisition and improvements, design, planning,
23 constructi@n, improvement, replacement, expansion,
24 and extension of streets, highways, and bridges,
25 Drainage projects, including improvements to 7,273,859
26 Salem Canal and Ocean Park area, and also inciuding
27 beach erosion and hurricane protection.
28 Building projects, including design, planning, 904,965
29 construction, improvements, renovation, expansion,
30 equipping, and furnishing of fire and rescue sta-
31 tions, library, storage and other facilities.
32 TOTAL 500 000
33 Any amount not needed for any of such purposes may be used for any other of such
34 purposes. The bonds may be issued as a separate issue or combined with bonds authorized for other
35 purposes and sold as part of one or more combined issues of public irnprovement bonds.
36 3. The bonds shall bear such date or dates, mature at such time or times not exceeding
37 40 years from their dates, bear interest at such rate or rates not to exceed the maximum rate of 12% at
38 the time the bonds are sold, be iii such denominations and form, be executed in such manner and be
39 sold at such time or times and in such manner as the Council may hereafter provide by appropriate
40 resolution or resolutions.
41 4. The bonds shall be general obligations of the City for the payment of principal of and
42 interest on which its full faith and credit shall be irrevocably pledged.
43 5, This ordinance shall be in full force and effect from its passage.
44 Adopted by the Council of the City of Virginia Beach, Virginia on the 6 day of
45 ecember , I 990.
46 First Reading: November 20, 1990
47 Second Reading: December 6, 1990
Requires eight affirmative votes for adoption.
CITY OF VIRGINIA BEACH, VIRGINIA
SUMMARY OF PROJECTS FUNDED BY
1990 GENERAL OBLIGATION BONDS
1-004 Kempsville High School Modernization $ 3,310,000
1-022 Tallwood High School 3 0
Total School Projects 3 619 000
ROA
2-039 Dam Neck Road - Phase 1 $ 1,252,433
1,353,142
2-040 West Neck Bridge 313,981
2-042 Mill Dam Bridge 734,924
2-075 Rosemont Road - Phase IV 1,000,000
2-078 Courthouse Loop - Nonh 1,440,040
2-080 Indian River Road - Phase V 658,522
2-096 Ferrell Parkway - Phase V 195,400
2-098 Princess Anne Road/Seaboard Road Intersection 148,426
2-122 Gum Swamp Bridge 200,120
2-129 Elbow Road Bridge 361,563
2-132 London Bridge Road Extended 195,266
2-13 Lynnhaven Drive 63,200
2-169 Rosemont Road Widening 594,815
2-810 Centerville Turnpike - Phase IA 737.080
2-816 Traffic Safety Improvements 4,369,039
2-831 Independence Boulevard - Phase Ill 636,963
2-833 First Colonial Road - Phase Ill 743,330
2-929 Virginia Beach Boulevard - Phase Ill 2,158,870
2-936 Ferrell Parkway - Phase B 3,545,OQ2
2-987 Independence Boulevard - Phase IV
Total Roadway Projects 702 17
T RMWATER PROJE TS:
2-014 Lynnhaven Inlet Maintenance Dredging $ 100,000
2-1 1 0 Southall Quaner Drainage 31,139
2-113 NPDES Stormwater System Permft Application 4,248
853,671
2-114 Princess Anne Plaza Drainage - Phase 11 859,598
2-115 Rosemont Road - Windsor Woods Drainage 114,700
2.116 Salem Road Culven Improvements 306,802
2-117 Wolfsnare Dftch Improvements
2-704 Beach Erosion Control and Hurricane Protection (Partial) 703,703
75,770
2-800 Lynnhaven Colony Drainage ge Improvements 17,000
2-815 Stumpy Lake Hydraulic Study and Draina 49,525
2-817 Chesapeake Beach Drainage - Phase 1 1,921,121
2-819 Ocean Park Storm Drainage - Phase Ii 1.263,204
2-823 Salem Canal Improvements 205,500
2-830 Rudee Inlet Dredging 767 878
2-9W Oceana Gardens West Drainage
Total Stormwater Projects 7 27 85
B ILDIN PR E T :
3-007 Pesticide Storage Facility $ 129,529
60,871
3-010 Beach Borough Service Center 113,171
3-304 Princess Anne Library
Safety and Library Services Expansion 89,347
3-910 Kempsville Public 238,068
3-954 Fire Station - Diamond Springs 178,387
3-968 Fire/Rescue Station - General Booth 30,500
3-980 Farmers' Market Parking Lot Expansion 65 092
3-986 Municipal Center Renovation - Programming
Total Building Projects 904 9 5
TOTAL 1990 GENERAL OBUGATION BONDS $ 32,500,000
- 16 -
item V-1.1-c-
CRDINANCES/PESOLUTIONS ITEM # 33794
Upon motion by Vice Mayor Fentress, seconded by Counc:, lman Baumt City Council
ADOPTED upon SECOND READING:
Ordinance authorizing the issuance ot Water and
Sewer System Revenue Bonds of the City of Vlrginia
Beach, Virginia, In the maximum amount of
$14,560,000.
Voting: 11-0
Council Members Voting Aye:
John A. Baun, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and Wllliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF
WATER AND SEWER SYSTEM REVENUE BONDS OF THE
2 IA, IN THE
3 CITY OF VIRGINIA BEACH, VIRGIN
4 MAXIMUM AMOUNT OF $14,560,000
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
6 1. It is hereby determined to be necessary and expedient for the City of Virginia Beach,
7 Virginia (the City), to continue fts program of improving and extending its water and sewer system (the
8 System) which will promote the public welfare of the City and its inhabitants and will facilitate the ordedy
9 growth, development, and general welfare of the City, and to finance the costs thereof through the
10 borrowing of $14,560,000 and issuing the City's revenue bonds therefor.
11 2. Pursuant to the City Charter and the Public Finance Act, there are hereby authorized
12 to be issued water and sewer system revenue bonds of the City in the maximum amount of $14,560,000
13 to provide funds, together with other available funds, for financing the costs of improvements to the
14 system.
15 3. The bonds shall bear such date or dates, mature at such tirne or times not exceeding
16 40 years from their dates, bear interest at such rate or rates not to exceed 15% per year, be in such
1 7 denominations and form, be executed in such manner and be sold at such time or times and in such
1 8 manner as the Council may hereafter provide by appropriate resolution or resolutions.
19 4. The system is an undertaking from which the City may derive a revenue. The bonds
20 shall be llmfted ob(igations of the City, payable as to principal, premium, if any, and interest solely from
21 the revenues derived by the City from the System, and shall not be included within the otherwise
22 authorized indebtedness of the City. The bonds shall not be deemed to create or constitute an
23 indebtedness of or a pledge of the faith and credit of the Commonwealth of Virginia or of any county.
24 city, town, or other political subdivision of the Commonwealth, including the City, and shall so state on
25 their face. The issuance of the bonds and the undertaking of the covenants, conditions, and agreements
26 to be contained in resolutions to be adopted or agreements to be entered into hereafter shall not
27 directly, indirectly, or contingently obligate the Commonwealth, the City, or any other poiftical subdivision
28 of the Commonwealth to levy and collect any taxes whatsoever or make any appropriation therefor,
29 except from the revenues pledged to the payment of the principal of and premium, if any, and interest
30 on the bonds.
31 5. Such resol@ons to be adopted and agreements to be entered into hereafter
32 authorizing the issuance of the bonds and providing the details thereof shall contain appropriate
33 covenants requiring the City to fix, charge, and collect such rates, fees, and other charges for the use of
34 and the services furnished by the System and to revise the same from time to time and as often as shall
35 be necessary so as to produce sufficient net revenues to pay principal of and premium, ff any, and
36 interest on the bonds as the same become due and to provide a margin of safety therefor. Such
37 resolutions and agreements shall also include such additional covenants, agreements, and other terms
38 as are customary for the protection of the holders of water and sewer revenue obligations.
39 6. This ordinance shall be in full force and effect from its pas-ge.
40 Adopted by the Council of the City of Virginia Beach, Virginia on the 6day of
41 eceinber , 1 ggo.
42 First Reading: November 20 1990
43 Second Reading: Deceniber 6, 1990
CITY OF VIRGINIA BEACH, VIRGINIA
SUMMARY OF PROJECTS FUNDED By
1991 WATER AND SEWER SYSTEM REVENUE BONDS
WATER PR JE T
$ 272,000
5-001 Virqinia Beach Boulevard - Phase Ill 20,000
5-039 Br@d Bay Colony - 51% Type 20,000
5-045 independence Boulevard - Phase Ill 1,030,000
5-048 Lyn6wood'/Michaelwood - 5i% Type 260,000
5-073 Indian River Road - Phase V 50,000
5-074 Richard Road 110,000
5-075 Gunn Hall Drive 200,000
5-076 empsville Road 90,000
5-077 Ocean Park Water Line Extensions 170,000
5-079 Rosemont Road - Phase IV 825,000
5-080 Lakeville Estates - 51 % Type 760,000
5-081 sherry Park - 51 %Type 192,361
5-835 Lynnhaven Pump Station Mod'ffir-ations 204,000
5-921 London Bridge Road - Phase I 100,000
5-938 Kempsville Suction - Phase 1 55,000
5-953 Great Neck Road - Phase 11
5-966 Atlantic Avenue Improvements
$ 5 3@l
Total Water Projects
SEW_ER P E TS:
$ 330.000
6-003 Landstown Road 245,000
6-004 Landstown Municipal Property 560,000
6-011 Woodland 70.000
6-012 South Plaza Trail Bridoe 300,000
6.015 Infiltration, Inflow, andrehabilhation - Phase 11 300,000
6-016 pump Station Mc)dffications - Phase 11 450,000
6-018 Various Sewer Projects _ Phase 11 112,939
6.019 Wkchduck Road 700,000
6-925 Atlantic Avenue Improvements 386,000
6-928 Cavalier Park/North Unkhorn Park 2,065.000
6-934 Bay Colony 1,000,700
6-935 Broad Bay Colony 200,000
6-937 Aragona Rehabilitation 25,000
6-940 Tanglewood 265,000
6-941 Laurel Manor/Dogwood Acres 400,000
6-944 Princess Anne Hills 1,600,000
6-M Lynnwood/Michaelwood 240,000
6-962 Timberiake Force Main 257,000
6-976 Busky Lane 170,000
6-990 Holland Utilfties. 2 000
6-995 Lakeville Estates
701 6 1)
Total Sewer Projects
TOTAL 1991 WATER AND SEWER SYSTEM REVENUE BONDS 560 000
- 17 -
Item V-H.I.d.
ORDINANCES/RESOLUTIONS ITEM # 33795
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council ADOPTED upon SECOND READING:
Ordinance authorizing the issuance of General
Obligation Bonds of the City of Virginia Beach,
Virginia, in the maximum amount of $8,000,000 for
Road, Highway and Bridge purposes.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan and Nancy K. Parker
Council Members Absent:
None
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF
2 GENERAL OBLIGATION BONDS OF THE CITY OF
3 VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM
4 AMOUNT OF $8,000,000 FOR ROAD, HIGHWAY,
5 AND BRIDGE PURPOSES
6 WHEREAS, the City of Virginia Beach, Virginia, may issue up to $8,000,000 of general
7 obligation bonds in any calendar year for road, highway, or bridge purposes without submitting the question
8 of their issuance to the qualified voters provided that the City has met the requirements of Section 6.05:2 of
9 the City Charter;
10 WHEREAS, the City desires to authorize the issuance of general obligation public
11 improvement bonds for road, highway, and bridge purposes in the maximum amount of $8,000,000 without
12 submitting the question of their issuance to the qualified voters;
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA:
15 1. It is hereby determined to be necessary and expedient for the City to undertake a,
16 program of road, highway, and bridge improvements, all of which will promote the public welfare of ttie Cfty
17 and its inhabitants and will facilitate the ordedy growth, development, and general welfare of the City, and to
18 finance the costs thereof through the borrowing of $8,000,000 and issuing the City's general obligation
19 bonds therefor.
20 2. Pursuant to the City Charter, including Section 6.05:2, and the Public Finance Act, there
21 are hereby alithorized to be issul-d general obligation bonds of the City in the maximum amount of
22 $8,000,000 to provide funds, together with other funds that rnay be available, to undertal(e a program of
23 road, highway, and bridge improvements. The bonds may be issued as a separate issue or combined with
24 bonds authorized for other purposes and sold as a part of a combined issue cg public improyement tionds.
25 3. The bonds shall bear such date or dates, mature at such time or times n,ot exceeding 40
26 years from their dates, bear interest at such rate or rates not to exceed 12% at the time the bonds are sold,
27 be in such denominations and form, be executed in such manner and be sold at such time or times and in
28 such manner as the Council may hereafter provide by appropriate resolution or resolutions.
29 4. The bonds shall be general obligations of the City for the payment of piincipal and
30 interest on which its full faith and credit shall be irrevocably pledged.
31 5. This ordinance shall be in full force and effect from its passage.
32 Adopted by the Council of the City of Virginia Beach, Virginia on the 6 day of
33 December , 1 990.
34 First Reading: November 20, 1990
35 Second Reading: December 6, 1990
- 18 -
item V-1.1-e-
CRDINANCES/RESOLUTIONS ITEM # 33796
Upon motion by Vice Mayor Fentress, seconded by Councl Iman Heischober, City
Councll ADOPTED UPON SECOND READ I NG:
Ordinance to AMEND and REORDAIN Section 35-137 of
the Code of the City of Virginia Beach, Virginia,
re tax levy on restaurant meals.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, and William D. Sessoms, Jr.
Council Members Voting Nay:
James W. Brazier, Jr. and Nancy K. Parker
Council Members Absent:
None
I AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 35-137 OF THE CODE OF THE CITY OF
3 VIRGINIA BEACH, VIRGINIA PERTAINING TO THE TAX
4 LEVY ON RESTAURANT MEALS
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT
6 SECTION 35-137 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA IS HEREBY AMENDED AND
7 REORDAINED AS FOLLOWS:
8 Section 35
9 There is hereby levied and imposed on each person a tax equivalent to four and one-half
10 (4.5) percent of the total amount paid for food, in or from any restaurant, whether prepared in such
I I restaurant or not and whether consumed on the premises or not. The tax shall be computed at a straight
12 four and one-half (4,5) percent, any fraction of one-half or more being treated as one cent.
13 This tax rate, effective January 1, 1989, shall remain in effect until i 996 June
14 30, 2005 at which time it shall be reduced by one-half (0.5) percent.
15 This ordinance shall be effective on January 1, 1991.
6
16 Adopted by the Council of the City of Virginia Beach, Virginia on the - day of
1 7 ecember , 1 990.
is First Reading: November 20, 1990
19 Second Reading: December 6, 1990
- 19 -
item V-I.I.f.
ORDINANCES/RESOLUTIONS ITEM # 33797
Upon motion by Vice Mayor Fentress, seconded by Counc i I man Baum, Cl ty Counc II
ADOPTED upon SECOND READING:
Ordinance to AMEND and RECRDAIN Sectlon 35-159 of
the Code of the City of Virginia Beach, Virginia,
re tax levy on hotel/motel lodging.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, James W. Brazler, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf and William D.
Sessoms, Jr.
Council Members Voting Nay:
Nancy K. Parker
Council Members Absent:
None
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 35-159 OF THE CODE OF THE CITY OF
3 VIRGINIA BEACH, VIRGINIA PERTAINING TO THE TAX
4 LEVY ON HOTEL/MOTEL LODGING
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT
6 SECTION 35-159 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA IS HEREBY AMENDED AND
7 REORDAINED AS FOLLOWS:
8 Section 35-159 - Leviedo amount.
9 There is hereby levied and imposed on each transient a tax equivalent to four and one-half
10 (4.5) percent of the total amount paid for lodging, by or for any such transient, to any hotel.
I 1 This tax rate, effective January 1, 1989, shall remain in effect until June
12 30, 2005 at which time h shall be reduced by one-half (0.5) percent.
13 This ordinance shall be effective on January 1, 1991.
14 Adopted by the Council of the City of Virginia Beach, Virginia on the 6 - day of
1 5 December . 1990.
1 6 First Reading: November 20, 1990
17 Second Reading: December 6, 1990
20 -
Item V
ORDINANCES/RESOLUTIONS ITEM # 33798
Upon motion by Vice Mayor Fentress, seconded by Councl iman Heischober, CitY
Co unc I I ADOPTED upon SECOND READ I NG:
Ordinance to AMEND and RECRDAIN Section 21-75 of
the Code of the City of Virginia Beach, Virginia,
re local vehicle licenso tax lmposition-
Voting: 8-3
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne and
William D. SessOms, Jr.
Council Members Voting Nay:
Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy
K. Parker
Council Members Absent:
None
r 6 1990
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 21-75 OF THE CODE OF THE CITY OF
3 VIRGINIA BEACH, VIRGINIA PERTAINING TO
4 LOCAL VEHICLE LICENSE TAX IMPOSITION
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT
6 SECTION 21-75 OF THE CODE OF THE CITY OF VIRIGNIA BEACH, VIRGINIA IS HEREBY AMENDED AND
7 REORDAINED AS FOLLOWS:
8 Section 21-75 - Imposition of tax.
9 (a) There is hereby imposed an annual license tax, for each license year as established by
10 this article, on motor vehicles, trailers and semitrailers, regularly kept in the city and used upon public
I 1 roadways of the city, the amount of which shail be as set forth in the following subsections of this section.
12 (b) The license tax on a motor vehicle, designed and used for the transportalion of
13 passengers, which is self-propelled or designed for self-propuision, shall be, except as otherwise specifirally
14 prov!dld in this section, imposed in accordance with the following schedule:
15 (1) Motor vehicles weighing four thousand (4,000) pounds or less - :Fwenfy Twenty-fi\le
16 doilars ($20.E)B $25.00);
17 (2) Motor vehicles weighing more than four thousand (4,000) pounds - :Fwenty 16ye
18 dollars ($25.00 @.00 ; and
19 (3) Motorcycle - F'fteen Twenty-three dollars ($15.00 $23.00).
20 (c) The license tax orl a one- or two-wheel trailer of a cradle, flat bed or open picktip type
21 which has a body width not greater than the width of the motor vehicle to which it is attached at arxy time of
22 operation, which is pulled or towed by a passenger car or station wagon, or a pickup or panel truck having
23 an actual gross weight not exceed five thousand (5,000) pounds and used for carrying property nolt
24 exceeding one thousand five hundred (1,500) pounds at any one time, and for ald trailers designed
25 exclusively to transport boats or horses, shall be @ seven dollars and fifty cents. (@ @50 . Not-
26 withstanding the above provision, the license tax for each trailer or semitrailer designed for us-e as living
27 quarters for human beings shall be twenty twenty-five dollars ($2E).OE) $25.00).
28 (d) There is hereby imposed a license tax, to be paid by the owner, upon each motor vehicle
29 not designed 'n use and used for the transportation of passengers, whether operated under lease or not.
30 The amount of license tax shall be determined by the gross weight of the vehicle or combination of vehicles
31 or which it is a parl, when loaded to the maximum capacity for which it is registered and licensed by the
32 state, according to the following schedule:
33 Pounds Fee Fee
34 4,000 or less ....................... $ 28.00 $ 24.00
35 4,001 - 16,000 ....................... 25.00 29.00
36 16,001 - 17,000 ....................... 25.80 30-80
37 17,001 - 18,000 ....................... 27.io 32.10
38 18.001 - 19.000 ....................... 28.40 33.40
39 19,001 - 20,000 ....................... 29.70 34.70
40 20,001 - 21,000 ....................... ai.00 36-00
41 21,001 - 22,000 ....................... 82.30 37,30
42 22,001 - 23,000 ....................... 88.6E) 38 60
43 23,001 - 24,000 ....................... 84.90 39.90
44 24,001 - 25,000. . .................... 86.20 41.20
45 25,001 - 26,000 ....................... 37.50 42.50
46 26,001 - 27,000 ....................... 38.80 43 80
47 27,001 - 28,000 ....................... 40.40 45.10
48 28,001 - 29,000 ....................... 41.40 46.40
49 29,001 - 30,000 ....................... 42.70 47.70
50 30,001 - 31,000 ....................... 44.00 49.00
51 31,001 - 32,000 ....................... 45.30 TO.30
52 32,001 - 33,000 ....................... 46.60 51.60
53 33,001 - 34,000 ....................... 47,90
54 34,001 - 35,000 ....................... 49.20 54.20
55 35,001 - 36,000 ....................... 50.50 55.50
56 36,001 - 37,000 ....................... si.80 56.80
57 37,001 - 38,000 ....................... 5a.io g8.10
58 38,001 - 39,000 ....................... 54.40 T9.40
59 39,001 - 40,000 ....................... 55.78 60.70
60 40,001 - 41,000 ....................... 57.00 62.00
61 41,001 - 42,000 ....................... 58.80 63.30
62 42,001 - 43,000 ....................... 59.60 64.60
63 4,3,001 - 44,000 ....................... 60.90 6@ r'. 0-n
64 44,001 - 45,000 ....................... 62.20 67 20
65 45,001 - 46,000 ....................... 63.5E) 68.50
66 46,001 - 47,000 ....................... 64.60 69.80
67 47,001 - 48,000 ....................... 66.10 71.10
68 48.001 - 49,000 ....................... 6;z. 40 72,40
69 49,001 - 50,000 ....................... 68.7-0 73.70
70 50,001 - 51,000 ....................... ;lo.oo 75.00
71 51,001 - 52,000 ....................... ;tl.38 @6.30
72 52,001 - 53,000 ....................... 72.60 77.60
73 53,001 - 54,000 ....................... ;za.99 78.90
74 54,001 - 55,000 ....................... 75.20 80.20
75 55,001 - 56,000 ....................... ;6.50 81.50
76 56,001 - 56,800 ....... .............. 77.60 82.80
77 56.801 and over ....................... BE).OG 85-00
78 (e) In the case of a combination of a truck or tractor ttuck and a tra ler or semitr,,iiler, each
79 vehicle constituting a part of such combination shall be rpgistered as a separate vehble, and a separate
80 vehicle license tax shall be imposed thereon, but, for the purpose of determining tlie gross weight group into
81 which any such vehicle falls pursuant to subsection (d) of this section, the combination of vehicles of which
82 such vehicle constitutes a part shall be considered a unit, and the aggregate gross weight of the entire
83 combination shall determine such gross weight group. The tax for the local license plate for a trailer or
84 semitrailer constituting a part of such combination shall be seyenteen eighteen dollars ($!;'.Oo $18.00).
85 Provided, however, if such trailer or semitrailer exceeds a gross weight of four thoiisand (4,000) pounds,
86 such tax shall be twenty two twenty-seven dollars ($22.()9 $27.00). In cletermining the tax to be paid for the
87 local license plate for a truck or tractor truck constituting a part of stich combinatior4 the tax shall be
88 assessed on the total gross weight of the combination when loaded lo the maximuni capacity for, which it is
89 registered and licensed. However, there shall be no deduction from t[iis tax for the icense tax of the trailer
90 or semitrailer in the combination.
91 This ordinance shall be effective for plates or decals sold for the license year that begins
92 January 1, 1992 and thereafter.
93 Adopted by the Council of the City of Virginia Beach, Virginia on the 6 day of
94 December I 990.
95 First Reading: November 20, 1990
96 Second Reading: December 6, 1990
21 -
CONSENT AGENDA ITEM # 33799
Upon motion by Councl iman Heischober, seconded by councilman Sessoms, City
Council APPROVED In ONE MOTION Items I a, b, c, d, e and g of the CONSENT
AGENDA. item was MOVED FCRWARDED
item I.f.(I) and (2) was DEFERRED INDEFINITELY. This
prior to the PUBLIC HEARING.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Mayor Meyera E. Oberndorf, Nancy K. P@rker
and William D. Sessoms, Jr.
Council Members voting Nay:
None
Council Members Absent:
None
December 6, 1990
- 22 -
Item V-1-a-
CONSENT AGENDA ITEM # 33800
Upon motion by Councilman Heischober, seconded by Councilm- Sessoms, City
Council APPROVED upon FIRSTREADING:
Ordinance to ACCEPT and APFROPRIATE a $20,000
Grant from the Council on the Environment; and,
TRANSFER $20,582 from Reserve tor Contingencies in
matchlng funds to complete the Second Phase of the
Natural Areas Inventory re the State Natural
Heritage Program.
Voting-. 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
9
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A @20,000 GRANT FROM
2 THE COUNCIL ON THE EKVIRONMENT AND 70 7RANSFER $20,582 FROM
3 RESERVE FOR CONTINGENCIES AS A HATCH TO COMPLETE THE SECOND
4 PHASE OF THE NATURAL AREAS INVENTORY FOR THE CITY
5 WHEREAS, in FY 1989-90 the City Council accepted a Coastal Resources
6 Management Grant from the Council on the Environment to c,nduct , inventory of
7 the natural resources and areas within the city boundaries;
8 WHEREAS, this inventory was divided into three phases: the first
9 phase included an aerial reconnaissance, rare species field survey, ground
10 truthing, and data processing; the second phase will include a detailed field
11 inventory of rare plants and animal species; and the third phase, to be
12 undertaken next fiscal year, will include data analysis and a final report
13 describing the natural co=unities;
14 WHEREAS, the city has received a $20,000 Coastal Management Grant
15 for the second phase of the Natural Areas Inventory;
16 WHEREAS, this grant requires a City match of $20,582;
17 WHEREAS, funding is available in the FY 1990-1991 General Fund
18 Reserve for Contingencies to provide this match.
19 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA that the $20,000 Coastal Management Grant be accepted
21 and appropriated for the purposes of completing the second phase of the Nat@ral
22 Areas Inventory and that the required match of $20,582 be transferred from the
23 General Fund Reserve for Contingencies.
24 BE IT FURTHER ORDAINED, that estimated revenues from the Commonwealth
25 be increased by $20,000 as a result of a grant from the Council on the
26 Environment.
27 This ordinance shall be effective from the day of its adoption.
28 Adopted on this day , 1990.
FIRST READING: December 6, 1990
SECOND READING:
- 23 -
item V-I.b.
CONSENT AGENDA ITEM # 33801
Upon motion by Counc ii man He l schober, seconded by Counc i Im"n Sessoms, ci ty
Counc I I APPROVED upon F IRST READ I NG:
Ordinance to ACCEPT and APPROFRIATE $13,789 from
the State Department of Mental Health, Mental
Retardation and Substance Abuse Services to
Atlantis Apartment Complex Youth Activity Program.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Votlng Nay:
None
Council Mernbers Absent:
None
ber 6 1990
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS IN THE AMOUNT OF $13,789 TO THE DEPARTMENT OF
3 MENTAL HEALTH/MENTAL RETARDATION/SUBSTANCE ABUSE SERVICES
4 FOR THE ATLANTIS APARTMENT COMPLEX YOUTH ACTIVITY PROGRAM
5 WHEREAS, the Atlantis Apartment Complex has experienced a marked
6 increase of high-risk activity among youth residing in the complex;
7 WHEREAS, the Atlantis Apartment Complex Youth Activity Program (AACYAP)
8 representing a collaboration of community, business, schools, city
9 organizations, churches, and the community center was formed to provide services
10 and programs to the residents of the community;
11 WHEREAS, the AACYAP applied for a grant from the State Department of
i2 Mental Health, Mental Retardation, and Substance Abuses Services (MH/14R/SAS)
13 funded through the Federal Community Youth Activity Block Grant to provide
14 tutoring, mentoring, educational support, and educational and cultural
15 opportunities in the Atlantis Aprartment Community;
16 WHEREAS, MH/14R/SAS has been notified that this grant application has
17 been approved in the amount of $13,789;
18 WHEREAS, these funds will be used to implement the activities decribed
19 above and provide an additional .5 part-time positions in the Substance Abuse
20 Services Division of MH/MR/SAS for the duration of the grant;
21 WHEREAS, the $7,701 match required by the grant is provided through in-
22 kind services and does not require additional city funds.
23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25 That the grant in the amount of $13,789 from the State Department of
26 Mental Health, Mental Retardation, and Substance Abuse Services be accepted and
27 appropriated to the Mental Health/Mental Retardation/Substance Abuse Special
28 Revenue Fund and that the activities described above and one .5 part-time
29 additional position be authorized only for the duration of the grant;
30 BE IT FURTHER ORDAINED:
31 That revenue from the Commonwealth be increased by $13,789.
32 This ordinance shall be in effect from the date of its adoption.
33 Adopted by the Council of the City of Virginia Beach, Virginia on the
34 day of 1 1990.
35 First Readinv December 6, 1990
36 Second Reading
- 24 -
it.- V-1-C.
CONSENT AGENDA ITEM # 33802
Upon motion by Councilman Heischober, seconded bY councilman Sessoms, city
Council ADOFITED:
Ordinance to IRANSFER $127,000 from the
Computerized Signal Expansion (2-988) to Traffic
Safety Improvements (2-816) re Installing traffic
slgnal at intersection of Princess Anne Road and
Sandbridge Road.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lantelgne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
ember 6 1990
I AN ORDINANCE TO TRANSFER $127,000 FROM THE COMPUTERIZED
2 SIGNAL EXPANSION (2-988) TO TRAFFIC SAFETY IMPROVEMENTS (2-816)
3 TO INSTALL A TRAFFIC SIGNAL AT THE INTERSECTION OF
4 PRINCESS ANNE ROAD AND SANDBRIDGE ROAD
5 WHEREAS, traffic utilization of the intersection of Princess Anne
6 Road and Sandbridge Road warrantb the installation of a traffic signal;
7 WHEREAS, a cost estimate in the amount of $127,000 has been
a established to install a traffic signal and provide the necessary turn lanes at
9 thib location,
10 WHEREAS, funding is available with the completion of the Computerized
11 Signal Expansion Project (2-988) to provide the $127,000 needed for this
12 installation;
13 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA that $127,000 be transferred from project 2-988
15 Computerized Traffic Expansion to project 2-816 Traffic safety Improvements for
16 the purpose of installing a traffic signal and providing turn lanes at the
17 intersection of Princess Anne Road and Sandbridge Road.
18 This ordinance shall be effective from the day of its adoption.
19 Adopted on this day December 6, 1990.
2 5
I tem V- I . d.
CONSENT AGENDA ITEM # 33803
Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City
Council ADOPTED:
ordinance to AMEND 16th Year Community Development
Block Grant Statement re establishing a Pilot
Emergency Fund; and, 1RANSFER $10,000 currently
designated for the rehabl I itation of a shelter to
such fund.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Cl yburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McC]anan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent-.
None
AN ORDINANCE TO AMEND THE 16TIl YEAR 1990-1991
FINAL COMMUNITY DEVELOPTIENT BLOCY GRANT STATEMENT
TO ESTABLISII A PILOT HOMELESS EMERGENCY FUND AND PURPOSE
TO TRANSFER $10,000 FROM EXISTING CDBG FUNDS FOR SUCH
WHEREAS, tbe City receives Community Development Block Grant
funds to be used to benefit low and moderate income persons, and
WHEREAS, one of the allowable uses of such funds is to
provide emergency shelter for the homeless, and
WHEREAS, tbere is a need to prevent families and other
vulnerable populations from having no shelter,
NOW, THEREFORE BE IT ORDAINED that the 16th Year Community
Development Block Grant Final Statement be amended to establish a
Pil.ot Homeless Emergency Fund, and
BE IT FURTHER ORDAINED that $10,000 currently designated for
rehabilitation of a shelter be transferred to such fund, and
BE IT FURTHER ORDAINED that the City Manager is authorized
to execute a contract for the administration of such fund.
Adopted by the Council of the City of Virginia Beach this 6
day of December , 1990.
Approved as to Content Approved as to Form
of Housing and
Neighborhood Preservation
c:Odata0debbiesheppubl.notOadmlOaf
- 26 -
Item V-I.e.l.
CONSENT AGENDA ITEM # 33804
Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City
Council ADOPTED:
Ordinance to authorize a temporary encroachment
into a portion of the right-of-way of the City's
property known as Parks Avenue to Virginia Beach
Center for the Arts for an entrance sign (VIRGINIA
BEACH BOROUGH).
The following conditions shall be required:
1. The owner agrees to remove the encroachment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4. The owner must submit, and have approved, a traffic
control plan before commencing work within the
City's right-of-way.
5. Prior to any construction within the existing
public right-of-way, the owner or his agent shall
obtain a permit from the Development Services
Center.
6. Prior to issuance of a highway permit, the owner or
his agent must post a performance Bond and show
proof of public liability (minimum $300,000)
No open cut of a public roadway shall be allowed
except under extreme circumstances, such
exceptions shall be submitted to the Highway
Division for final approval.
8. The owner agrees that the encroaching sign shall
not exceed thirty-two (32) square feet per face,
shall not exceed two (2) faces, shall not exceed
(6) feet above the natural grade at the curb, and
landscaping shall be approved by the Landscape
Services Division for the Department of General
Services.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1
2 AN ORDINANCE TO AUTHORIZE
3 A TEMPORARY ENCROACHMENT
4 INTO A PORTION OF THE
5 RIGHT-OF-WAY OF PARKS
6 AVENUE TO THE VIRGINIA
7 BEACH CENTER FOR THE ARTS,
8 ITS HEIRS, ASSIGNS AND
9 SUCCESSORS IN TITLE
10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12 That pursuant to the authority and to the extent thereof
13 contained in Section 15.1-893, Code of Virginia, 1950, as amended,
14 The Virginia Beach Center for the Arts, its heirs, assigns and
15 successors in title is authorized to construct and maintain a
16 temporary encroachment into the right-of-way of Parks Avenue.
17 That the temporary encroachment herein authorized is for
18 the purpose of constructing and maintaining a entrance sign and
19 that said encroachment shall be constructed and maintained in
20 accordance with the city of Virginia Beach Public Works
21 Department's specifications as to size, alignment and location, and
22 further that such temporary encroachment is more particularly
23 described as follows:
24 An area of encroachment into a
25 portion of the City's right-of-way
26 known as Parks Avenue on the
27 certain plat entitled: PROPOSED
28 ENTRY SIGN LOCATION = VA. BCH. CTR.
29 FOR ARTS," a copy of which is on file
30 i n the Department of Public Works and
31 to which reference is made for a more
32 particular description.
33 PROVIDED, HOWEVER, that the temporary encroachment herein
34 authorized shall terminate upon notice by the City of Virginia
35 Beach to any officer of the Virginia Beach Center for the Arts, its
36 heirs, assigns and successors in title and that within thirty (30)
37 days after such notice is given, said encroachment shall be removed
38 from the City's right-of-way of Parks Avenue and that the Virginia
39 Beach Center for the Arts, its heirs, assigns and successors in
40 title shall bear all costs and expenses of such removal.
41 AND, PROVIDED FURTHER, that it is expressly understood
42 and agreed that the Virginia Beach Center for the Arts, its heirs,
43 assigns and successors in title shall indemnify and hold harmless
44 the City of Virginia Beach, its agents and employees from and
45 against all claims, damages, losses and expenses including
46 reasonable attorney's fees in case it shall be necessary to file
47 or defend an action arising out o@ the location or existence of
48 such encroachment.
49 AND, PROVIDED FURTHER, that the party of the second part
50 agrees to maintain said encroachment so as not to become unsightly
51 or a hazard.
52 AND, PROVIDED FURTHER, that this ordinance shall not be
53 in effect until such time that the Virginia Beach Center for the
54 Arts executes an agreement with the City of Virginia Beach
55 encompassing the aforementioned provisions.
56 Adopted by the Council of the City of Virginia Beach,
57 Virginia, on the 6 day of December 19 90
(ARPROVED AS TO CONTENT
APPROVED AS 7t)
LEGAL SijFFICIENCY
DEPARTMENT
2
THIS AGREEMENT, made this -i4l day of OC-6@
19 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, party of the first part, and the VIRGINIA
BEACH CENTER FOR THE ARTS, ITS, ASSIGNS kND SUCCESSORS IN TITLE,
party of the second part.
W I T N E S S E T H:
That, WHEREAS, it is proposed by the party of the
second part to construct and maintain an entrance sign in the
City of Virginia Beach; and
WHEREAS, in constructing and maintaining such entrance
sign, it is necessary that the said party of the second part
encroach into a portion of an existing City right-of-way known
as Parks Avenue; and said party of the second part has requested
that the party of the first part grant a temporary encroachment
to facilitate such entrance sign within a portion of the City's
right-of-way known as Parks Avenue.
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 right-of-way known
as Parks Avenue for the purpose of constructing and maintaining
such entrance sign.
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 10cation and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the City' s right-of -way known as Parks Avenue
as shown on that certain plat entitled:
"PROPOSED ENTRY SIGN LOCATION VA. BCH. CTR.
FOR ARTS,-' 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 party 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 right-of-way known as Parks Avenue 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.
2
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 party of the second part.
it is further expressly understood and agreed that the
party of the second part agrees to maintain said encroachment so
as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
party of the second part agrees that no open cut of the public
roadway shall be allowed except under extreme circumstances.
Such exceptions shall be submitted to the Highway Division,
Department of Public Works, for final approval.
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 commencing any construction
within the City's right-of-way.
it is further expressly understood and agreed that
prior to issuance of a Highway permit, the party of the second
part must post a Performance Bond and show proof of public
liability insurance of a minimum of Three Hundred Thousand
Dollars ($300,000.00).
It is further expressly understood and agreed that the
encroaching sign shall not exceed thirty-two (32) square feet per
3
face, shall not exceed two (2) faces, shall not exceed six (6)
feet above the natural grade at the curb, and landscaping shall
be approved by the Landscape services Division of the Department
of General services.
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 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
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 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 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, The Virginia Beach Center for the
Arts has caused this Agreement to be executed by Michael J.
Marks, Executive Director of said Center, with due authority to
bind said Center. Further, that the City of virginia Beach has
4
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
ity Mng@r
(SEAL)
ATTEST:
City Clerk
-AFPROVED AS TO CONTENT VIRGINIA BEA
3IGNOKTURE
(Jh)@, @ @- II
DEPARTMENT
ctor
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
i, @. I L @ I a Notary
Public in and for the City and State aforesaid, do hereby certify
that,KXf,HAEL J. MARKS, Executive Director of the VIRGINIA BEACH
CENTER FOR THE
ARTS (, whose name is signed to the foregoing Agreement bearing
date on the PI Y dav of (n 1910, has acknowledged
the same before me in my City and State aforesaid.
GIVEN under my hand this day of
19@.
Notary Public
My Commission Expires: -7
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit: APPFIOVED
LEGAL SUFF1
5
a Notary Public
in and for the City and State aforesaid, do hereby certify that
RUTH HODGES SMITH, city Clerk for the CITY OF VIRGINIA BEACH,
whose name is signed to the foregoing Agreement bearing date on
the day of 1 19 _, has acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand this day of
19-.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public
in and for the City and State aforesaid, do hereby certify that
AUBREY V. WATTS, JR. , City Manager for the CITY OF VIRGINIA
BEACH, whose name is signed to the foregoing writing, bearing
date the day of 1 19_, has
acknowledged the same befor-@ m-- in my City and State aforesaid.
Given tin(9e--- rly h,,irid this day of
Not@ary Public
My comniissiori Expire,-.-
SEE GRID L6
Bi,d N@,k Poit
G@.,d SI.Ii-@
ITE .,..d
@ll
USN
LOCATION MAP
07il]
ri iii
NOT A SUBDIVISION
EXHIBIT "A"
N
00
C.M. Foot Ars
- 27 -
Item V-I.e.2.
CONSENT AGENDA ITEM # 33805
Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City
Council ADOPTED:
Ordinance to authorize a temporary encroachment
into a portion of the City's property at the corner
of North Witchduck Road and Independence Boulevard
to James W. and Rose A. Greene for a privacy fence
(BAYSIDE BOROUGH).
The following conditions shall be required:
1. The owner agrees to remove the encroachment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
encroachment
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1
2 AN ORDINANCE TO AUTHORIZE
3 A TEMPORARY ENCROACHMENT
4 INTO A PORTION OF THE
5 PROPERTY KNOWN AS CITY
6 OWNED PUMP STATION SITE TO
7 JAMES W. GREENE AND ROSE
8 A. GREENE, THEIR HEIRS,
9 ASSIGNS AND SUCCESSORS IN
10 TITLE
11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA:
13 That pursuant to the authority and to the extent thereof
14 contained in Section 15.1-893, Code of Virginia, 1950, as amended,
15 James W. Greene and Rose A. Greene, their heirs, assigns and
16 successors in title are authorized to construct and maintain a
17 temporary encroachment into the City owned property of a pump
18 station site located at the corner of North WitchdUck Road and
19 Independence Boulevard.
20 That the temporary encroachment herein authorized is for
21 the purpose of constructing and maintaining a fence and that said
22 encroachment shall be constructed and maintained in accordance with
23 the City of Virginia Beach Public Works Department's specifications
24 as to size, alignment and location, and further that such temporary
25 encroachment is more particularly described as follows:
26 An area of encroachment into a
27 portion of the City's property of a
28 pump station site located at the
29 corner of North Witchduck Road and
30 Independence Boulevard, on the
31 certain plat entitled: " PLAT
32 SHOWING PROPOSED FENCE ENCROACHMENT
33 ONTO CITY PROPERTY," a copy of which
34 is on file in the Department of
35 Public Works and to which reference
36 is made for a more particular
37 description.
38 PROVIDED, HOWEVER, that the temporary encroachment herein
39 authorized shall terminate upon notice by the City of Virginia
40 Beach to James W. Greene and Rose A. Greene, their heirs, assigns
41 and successors in title and that within thirty (30) days after such
42 notice is given, said encroachment shall be removed from the City' s
43 property of a pump station site located at the corner of North
44 witchduck Road and Independence Boulevard and that James W. Greene
45 and Rose A. Greene, their heirs, assigns and successors in title
46 shall bear all costs and expel-.ses of such removal.
47 AND, PROVIDED FURTHER, that it is expressly understood
48 and agreed that James W. Greene and Rose A. Greene, their heirs,
49 assigns and successors in title shall indemnify and hold harmless
50 the City of Virginia Beach, its agents and employees from and
51 against all claims, damages, losses and expenses including
52 reasonable attorney's fees in case it shall be necessary to file
53 or defend an action arising out of the location or existence of
54 such encroachment.
55 AND, PROVIDED FURTHER, that the party of the second part
56 agrees to maintain said encroachment so as not to become unsightly
57 or a hazard.
58 AND, PROVIDED FURTHER, that this ordinance shall not be
59 in effect until such time that James W. Greene and Rose A. Greene
60 execute an agreement with the City of Virginia Beach encompassing
61 the aforementioned provisions.
62 Adopted by the Council of the City of Virginia Beach,
63 Virginia, on the 6 day of December 19 90
APPROVED As TO
LEGAL SUFFICIENCY
2
THIS AGREEMENT, made this day of t-;l
19@C by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, party of the first part, and JAMES W.
GREENE and ROSE A. GREENE, THEIR, ASSIGNS AND SUCCESSORS IN
TITLE, party of the second part.
W I T N E S S E T H:
That, WHEREAS, it is proposed by the party of the
second part to construct and maintain a six-foot privacy fence
and garden in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining such six-foot
privacy fence and garden, it is necessary that the said party of
the second part encroach into a portion of an existing City
property known as City owned pump station site; and said party
of the second part has requested that the party of the first part
grant a temporary encroachment to facilitate such six-foot
privacy fence and garde within a portion of the city's property
known as City owned pump station site.
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
pa,rt, 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 property known as
city owned pump station site for the purpose of constructing and
maintaining such six-foot privacy fence and garden.
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, aligriment and location and is more
particularly described as follows, tO wit:
An area of encroachment into a portion of
the City's property known as city owned p-p
station site as shown on that certain plat
entitled: "PLAT SHOWING PROPOSED FENCE
ENCROACHMENT ON TO CITY OWNED PUMP STATION
SITE NOT TO SCALE," a copy of which is
attached hereto as Exhibit "All 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 party 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 property known as city owned pump station site 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
Ci.ty of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses includinci
2
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 cc)nstrued 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 party of the second part.
It is further expressly understood and agreed that the
party of the second part agrees to maintain said encroachment so
as not to become unsightly or a hazard.
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 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
property 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
3
shall impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that such 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, JAMES W. GREENE and ROSE A. GREENE,
the said party of the second part has caused this Agreement to
be executed by his 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
(SEAL)
ATTEST:
city Cler
5 fo
Bv
/@, ames W.
By R.@ @ .
Rose A. Greene
APPROVE-.D AS'FO
LEGAL SUFFI@-@IEI'i]C)Y
@ A, @@ 4
ull
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in and for the City and state aforesaid, do hereby certify
that AUBREY V. WATTS, JR., City Manager for the CITY OF VIRGINIA
BEACH, whose name is signed to the foregoing Agreement bearing
date on the - day of I lg_, has acknowledged
the same before me in my City and State aforesaid.
GIVEN under my hand this day of
19-.
Notary Public
my commission ExPires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public
in and for the City and State aforesaid, do hereby certify that
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH,
whose name is signed to the foregoing Agreement bearing date on
the day of I 19 _, has acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand this day of
19-.
Notar
my commission Expires:
5
STATE OF VIRGINIA
CITY OF VIRGINIA BEA to-w@t:
1, a. Notary Public
in and for the City resaid, do hereby certify that
JAMES W. GREENE and ROSE A. GREENE, whose names are signed to the
foregoing writing, bearing date the c4)ct' day of
19 have acknowledged the same before
me in my City and State aforesaid.
under day of
Given my hand this
19 90 -
My Commission Expires:
KL/trg
9/24/90
(encroach\greene.agr)
6
1 2,1 71,000
Cl'-PS 4
LYIVNH
INLET
Cli
LOCATION MAP
rn
ril
v
IT
\0
c-
PLAT SHOWING
PROPO,5ED FENCE
EXHIBIT "All ENCROACHING ON To 6ITl
PROPERT\(--..-
NoT 'rO SCALE
NOT A SUBDIVISION
28 -
Item V
CONSENT AGENDA ITEM # 33806
Upon motion by Councilman Clyburn, seconded by Vice Mayor Fentressp City
Council DEFERRED INDEFINITELY:
Requests of Department of Parks and Recreation:
Release a 1.02 acre park reservation, required by
Section 4.5(a) of the Subdivision Ordinance, for
the Subdivision of Bellamy Plantation at J-k-
Farm, Phase 1.
1 Waive standard park reservation, required by
Section 4.5(a) of the Subdivision Ordinance, for
the Subdivision of Bellarny Plantation at Jackson
Fam, Phase 2.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, jame5 W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent,.
None
This Item was MOVED FORWARD prior to the PUBLIC HEARING.
- 29 -
item V-1.9-
CONSENT AGENDA ITEM # 33807
Upon motion by Councilman Heischober, seconded by councilm- Sessoms, City
Council ADOFITED:
ordinance authorizing Tax Rotunds in the amount of
$974.73. upon appl lcation of certain persons and
upon certification of the City Treasurer
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
11/ 14/90 EMC
RM NO. C.A. 7
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty lnt. Total
Year of Tax Number tion No. Paid
Ralph J&Susan Cerino 88 RE(1/2) 18424-5 11/12/87 61.83
Ralph J&Susan Cerino 88 RE(2/2) 18424-5 6/5/88 61.83
Ralph J&Susan Cerino 89 RE(1/2) 19064-7 11/9/88 64.51
Ralph J&Susan Cerino 89 RE(2/2) 19064-7 4/18/89 64.51
Frances DDickerson 85 RE(1/2) 23926-1 12/5/84 8.80
Frances DDickerson 85 RE(2/2) 23926-1 6/5/85 8.80
Gray & Gregory 86 RE(1/2) 37983-0 12/2/85 48.00
Gray & Gregory 86 PE(2/2) 37983-0 5/13/86 48.00
Runnymede Corp 86 RE(1/2) 85356-8 12/5/85 22.68
Runnymede Corp 86 RE(2/2) 85356-8 6/5/86 22.68
Runnymede Corp 87 RE(1/2) 90738-6 12/2/86 37.80
Runnymede Corp 87 RE(2/2) 90738-6 6/5/87 37.80
Runnymede Corp 88 RE(1/2) 94054-3 12/7/87 58.02
Runnymede Corp 88 RE(2/2) 94054-3 6/5/88 58.02
Runnymede Corp 89 RE(1/2) 96555-1 11/29/88 60,.53
Runnymede Corp 89 RE(2/2) 96555-1 6/5/89 60.53
Wilton CL&Sara Erlandson 86 PE(1/2) 29429-9 12/5/85 18.00
Wilton CL&Sara Erlandson 86 RE(2/2) 29429-9 6/5/86 18.00@
Wilton CL&Sara Erlandson 87 RE(1/2) 30850-4 11/28/86 18.00
Wilton CL&Sara Erlandson 87 RE(2/2) 30850-4 6/5/87 18.00
1.4ilton CL&Sara Erlandson 88 RE(1/2) 31835-1 12/5/87 19.73
Wilton CL&Sara Erlandson 88 DE(2/2) 31835-1 6/3/88 19.73
Wilton CL&Sara Erlandson 89 RE(1/2) 32980-1 12/5/88 20.59
14ilton CLgt Sara Erlandson 89 PE(2/2) 32980-1 6/2/89 20.59,
Wilton CL&Sara Erlandson 90 PE(1/2) 33529-4 12/1/89 21.98
!4i 1 tonCL&Sara Erlandson 90 D@E(2/2) 33529-4 6/5/89 21.08
Irwin H Unger 90 RE(1/2) 115LI,84-2 5/3/90 3F.6P
First Union llortgage Corp 90 RE(2/2) 119735-1 6/5/90 15.15
Katheryn @lilliams 90 Dog V04204 9/17/90 2.00
Total 974.73
This ordinance shall be effective from date of adoption.
The a tement(s) totaling c
t5@%.ap@ were approved by
the Council of the City of Virginia
Beach on the-K-day of 1990
Appr ed as to form:
Ruth Hodges Smith
City Clerk
CE
- 30 -
Item V-K. 1.
PUBLIC HEARING ITEM # 33808
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on-.
PLANNING
(1) CENTRAL FIDELITY BANK STREET CLOSLRE
- 31 -
Item V-K.I.
pUBLIC REARING ITEM # 33809
PLANNING
Upon motion by Councilman Ba-, seconded by Vice Mayor Fentress, City Council
AUTHORiZED FINAL APPROVAL of Ordinaice upon application of CENTRAL FIDELITY
BANK for the discontinuance, closure and abandonment of a portion of Cleveland
Street:
Ordinance upon application of Central Fidelity Bank
for the discontinuance, closure and abandonment of
a portion of Cleveland Street beginning at the
western boundary of Independence Boulevard and
running in a westerly direction a distance of 225
feet. Said parcel is 50 feet in width. More
detailed information is available in the Department
of Planning. BAYSIDE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, J-es W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Members Voting Nay:
None
Council Members Abstaining:
William D. Sessoms, Jr.
Council Members Absent:
None
Councilman Sessoms ABSTAINED as he is an employee of CENTRAL FIDELITY BANK
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND DISCOLITINUING A
PORTION OF THAT CERTAIN STREET, KNOWN AS CLEVELAND STREET,
AS SHOWN UPON THAT CERTAIN PLAT ENTITLED "EXHIBIT FOR STREET
CLOSURE OF A PORTION OF CLEVELAND STREET" WHICH PLAT IS
ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper notice
has been given by Central Fidelity Bank, that it would make
application to the Council of the City of Virginia Beach,
Virginia on 1 1989, to have the
hereinafter described street discontinued, closed, and
vacated; and
WHEREAS, it is the judgment of the Council that said
street 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 street be
discontinued, closed, and vacated:
All that certain piece or parcel of land,
situate, lying and being in the City of Virginia
Beach, State of Virginia, designated as that
portion of Cleveland Street fronting 50.02 feet
on the western side of Independence Boulevard,
formerly Third Street, and running back in a
westerly direction between parallel lines a
distance of 225 feet on the southside of
Cleveland Street and 223.57 feet on the northside
of Cleveland Street; and, also, being described
on the aforesaid Exhibit as that property
beginning at a point on Independence Boulevard
280.02 + or - feet from the intersection of
Columbus Street with Independence Boulevard
turning and running N 82'48'00" W, 223.57 feet to
a point; turning and running s 07@12'00" W; 50
.feet to a point; turning and running S 82@48'00"
E 225 feet, to a point at Independence Boulevard
then turning and running N 05'33'37" E 50.02 feet
to the point of beginning, and which street is
shown on that certain plat of sunny Brook, which
plat is recorded in the Clerk's Office of the
Ci-rcuit Court of the City of Virginia Beach,
EDWARD T. CATON, P.C.
Vi,gi.l. B@..h, Vi,gi.i.
Map Book 5, at page 201; and the street is, also,
shown on that certain plat entitled "Subdivision
of columbus Center for Virginia State Shc)pping
Plazas, Tnc.", which plat is recorded in said
Clerk's office in Map Book 144, at page 15; and
also shown on that certain aforesaid "Exhibit for
street Closure of a Portion of Cleveland Street"
dated 9/5/89 prepared by Engineering Services,
Inc.
Said parcel of land designated as "the shaded area
Cleveland Street (50 feet)" as indicated on that certain
plat of property in Virginia Beach, Virginia, which plat is
to be recorded in the Clerk's o@@@.ice of the Circuit Court of
the City of Virginia Beach, Virginia, upon adoption of this
ordinance, and is made a part hereof by reference.
SECTION II
A certified copy of this ordinance shall be filed in
the Clerk's 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.
Adopted: FINAL APPROVAL: December 6, 1990
GPIN#
- 32 -
Item V-L. 1 -
APPOINTMENTS ITEM # 33810
BY CONSENSUS, CitY council RESCHEDULED the following APPOINT14ENTS:
BOARD OF BUILDING CODE APPEALS
CHESAPEAKE BAY PRESERVATION AREA BOARD
COMMUNITY SERVICES BOARD
DEVELOPMENT AUTHCRITY
FRANCIS LAND HOUSE BOARD OF GOVERNCRS
PLANNING COMMISSION
RESCRT AREA ADVISCRY COMMISSION
SCHOOL BOARD
TIDEWATER DETENTION HOME
cernber 6 1990
- 33 -
Item V-L.2.
APPOINTMENTS ITEM # 33811
Upon m,tion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council CONFIRMED the Circuit Court's Appointment:
BOARD OF ZONING APPEALS
Charles M. Salle
Five Year Term: 1/1/91 - 12/31/95
Voting: 10-1
Council Members Voting Aye:
John A. Ba-, Ja-s W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
- 34 -
Item V-M-1.
UNFINISHED BUSINESS ITEM # 33812
ADD-ON
Councilwoman Parker and Councilman Heischober referenced a telephone call from
incess Anne Borough relative the Southeastern Recreation
a citizen in the Pr Councilwoman McClanan also
Center and his concern involving the schedule. Recreation Center.
advised receipt of numerous concerns relative this
The City Manager will provide a Schedule.
- 35 -
Item V-N. 1 -
NEW BUSINESS ITEM # 33813
ADD-ON
In accordance with City Code Section 2-83 (b), Mayor oberndorf DECLARED:
December 31, 1990
CITY EMPLOYEE HOLIDAY
December 6, 1990
- 36 -
Item V-N.2.
NEW BUSINESS ITEM # 33814
ADD-ON
Upon motion by Councilwoman McClanan, seconded by Councilman Sessoms, City
Council Agreed to DEFER on December 11, 1990, until the City Council Sessions
of January 8, 1991:
Ordinances upon application of JOHNNIE B. AND PAGE
B. HARTLEY for Changes of Zoning District
Classification (PRINCESS ANNE BOROUGH):
From AG-1 Agricultural District to R-5D Residential
Duplex District 600 feet south of Seaboard Road
beginning at a point 950 feet more or less east of
Bernadotte Street, containing 15 acres more or
less.
AND,
From AG-2 Agricultrual District to R-5D Residential
Duplex District on the south side of Seaboard Road
beginning at a point 950 feet more or less east of
Bernadotte Street, containing 15 acres more or
less.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Meyera E. Oberndorf
Council Members Absent:
None
- 37 -
Item V-0. 1 .
ADJOLRNMENT ITEM # 33815
Upon motion by Councilman BaLFn, and BY CONSENSUS, City Council ADJOERNED the
Meeting at 3:45 P.M.
Beverly-0. Hooks
Chief Deputy City Clerk
,R uth HodSres Sm I th, C m y Ob@liO@f
City Clerk M.Y,),
City of Virginia Beach
Virginia