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OCTOBER 23, 1990 MINUTES "WORLD'S LARGEST RESORT CITY" Cl@ COUNCIL j @ITIIGNL, I.,@ ...,l '@l IITI CITY COUNCIL AGENDA @l- -Gl@ @.ITI, Cil OCTOBER 23, 1990 ITEM 1. CITY 14ANAGER'S BRIEFINGS - Conference Room - 2:00 PM A. HUMAN RIGHTS COMMISSION Leslie L. Lilley, City Attorney B. CAPITAL IMPROVEMENT PROGRAM FY 1990-91 - 1994-95 E. Dean Block, Assistant City Manager for Analysis and Evaluation C. GENERAL FINANCIAL REPORT Government Finance Associates, Inc. Chester Johnson, President Stephanie Lewis, Vice President Government Finance Research Center James Joseph, Assistant Director Catherine Holstein, Senior Flnanclal Analyst ITEM 11. COUNCIL CONFERENCE SESSION - Conference Room - 4:45 PM A. CITY COUNCIL CONCERNS ITEM Ill. D I N N E R - Conference Room - 5:00 PM ITEM IV. INFORMAL SESSION - Conference Room - 5:15 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION ITEM V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Alton M. Washington, D.D. Princess Anne Plaza United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F .MINUTES 1. INFORMAL & FORMAL SESSIONS - October 16, 1990 G. CONSENT AGENDA A I I matters I I sted under the Consent Agenda are cons i dered i n the ord i nary course of bus iness by C i ty Counc i I and w i I I be enacted by one motion In the form listed. If an Item Is removed from the Consent Agenda, i t w i I I be d I sc ussed and voted upon separatel y. 1. Resolution requesting Virginia Beach voters' support of the Referendum Question on the Bal lot In Novernber 1990 re disposition of the proceeds of drug forfeiture. 2. Resolution approving the location and major design features of Landstown Road; requesting Virginia Department of Transportation proceed with design completion and acquisition of al I rights-of- way; and, authorizing the City Manager to execute al I necessary utility agreements. 3. Ordinance authorizing TRANSFER of excess City-owned property at 3561 Shawn Court to the Green Run Homeowners Association, without cost, to become a part of the common "green belt" area (PRINCESS ANNE BOROUGH). 4. Ordinances, upon SECOND READING: a. To ACCEPT and APPROPRIATE a $132,500 grant frorn the United States Marshals Service to the Sheriffts FY 1990-1991 Operating Budget re renovation within the correctional center. b. To APPROPRIATE $41,000 re Home Health Personal Care Program. 5. Requests to recognize 51% Neighborhood Water Projects in the Lynnhaven Borough; and, authorize the Projects to be Included In the Capital lmprovernent Program: a. Poyner Lane b. Lynndale Estates H. PUBLIC HEARING 1. PLANNING BY CONSENT a. Ordinance for the discontinuance, closure and abandonment of a portion of Dwyer R6ad beg,nnng at a point 455.5 Teet Southwest of the Intersection with Dam Neck Road and running in a Westerly direction a distance of 2782.7 feet, being 40 feet [n width and containing 2.553 acres (PRINCESS ANNE BOROUGH), in the petition of DOMINION BUILDING CORPORATION. Deferred for compliance March 9, 1987, September 14, 1987, March 14, 1988, September 19, 1988, September 26, 1988, and October 23, 1989. WAIVED Condition Number One November 14, 1988 Recommendation: ADDITIONAL 180 DAY DEFERRAL b. Ordinance for the discontinuance, closure and abandonment of an feot East (co alley located 100 rrected) of AtFantic Avenue, beginning at the Southern boundary of Lockheed Avenue and running Southerly between Parcels D5 and D6, Croatan Beach, containing 750 square feet, being 15 feet In width (LYNNHAVEN BOROUGH), in the petition of ESTATE OF AMELIA G. McLEAN. Deferred for compliance April 30, 1990. Recommendation: FINAL APPROVAL c. Appllcation of B & L TOWING SERVICE OF VIRGINIA, INC., for a Conditional Use Permit for a bulk storage yard at the Northeast corner of Southern Boulevard and Dorset Avenue (120 Dorset Avenue), containing 10,585.08 square feet (BAYSIDE BOROUGH). Recommendation: WITHDRAWAL 2. PLANNING a. CHESAPEAKE BAY PRESERVATION AREA REGULATIONS 1. Ordinances to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia: (a) ADDING Appendix F to be known as the Chesapeake Bay Preservation Area Ordinance (Versions A or B). (b) ADDING Appendix G to be known as Southern Watersheds Protection Ordinance. (c) Appendix A, Sections 101, 102, Ill and 200 of the City Zoning Ordinance re legislative Intent, establishments of districts and official zoning maps, definitions and zoning lots (Versions A or B). (d) Appendix B, Sections 5.10, 6.1 and 6.3 of the Subdivision Ordinance re underground utilities, prellminary plats and data generally and final plats and data (Versions A or B). (e) Appendix C, Sections 2, 3, 4, 5 and 7 of the Site Plan Ordinance re uses requiring site plan review, procedures, Information required on site development plan, minimum standards and specifications and variances and appeals (Versions A or B). (f) ADDING Section 16 re Stormwater Managernent Ordinance to Appendix D. (Versions A or B) (g) ADDING Section 30-78 re erosion and sediment control and tree protection (Versions A or B). DEFERRED: September 18, 1990 Recommendation: APPROVAL 2. Ordinance to designate Maps Identifying geographic extent. 3. Ordinance to AMEND and REORDAIN Article XXII, Chapter 2, of the Code of the City of Virginia Beach by ADDING Section 2-452.1 re creation of the Chesapeake Bay Preservation Area Board. DEFERRED: September 18, 1990 b. Application of WILLIAMS CORPORATION OF VIRGINIA for a Conditional Use Permit for the expansion of a borrow pit on the West side of Princess Anne Road beginning at a point 1930 feet more or less South of the Intersection with Sandbridge Road, containing 34.6 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL c. Appllcation of FIRST PENTECOSTAL CHURCH for a Conditional Use Permit for a church and related facilitles on t@e North side ot' Connie Lane beginning at a point 150 feet East of Connie Way, containing 2.38 acres (BAYSIDE BOROUGH). Recommendation: DENIAL d. Application of W. W. WILKINSON for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision to meet all requirements of the City Zoning Ordinance at the Northwest corner of Beaufort Avenue and Bradpointe Lane, containing 38,250 square feet (BAYSIDE BOROUGH). Recornmendation: DENIAL e. Application of WAYNE A. and JANE SMITH for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires that all lots created by subdivision to meet all requirements of the City Zoning Ordinance at 2528 Entrada Drive, containing 3.25 acres (PRINCESS ANNE BOROUGH). Recommendation: DENIAL f. Application of STEVEN B. GRAY for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision to meet all requirements of the City Zoning Ordinance at the Northwest corner of Cullen Road and Jakeman Street (5017 Cullen Road), containing 55,619 square feet (BAYSIDE BOROUGH). Recornmendation: DENIAL 1. APPOINTMENTS HISTORICAL REVIEW BOARD PENDLETON PROJECT MANAGEMENT BOARD - Resignation PRINCESS ANNE COUNTY TRICENTENNIAL COMMITTEE TRANSPORTATION SAFETY COMMISSION J. UNFINISHED BUSINESS K. NEW BUSINESS L. ADJOURNMENT CITY COUNCIL SESSIONS RESCHEDULED DECEMBER 6, 1990 2:00 PM Reschedule of December 4 NATIONAL LEAGUE OF CITIES (All Sessions of City Council are now held weekly on Tuesday) 10/18/90 Igs Item VI-F.l. MINUTES 1TEM # 33656 Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City Councll APPROVED the Minutes of INFORMAL AND FORMAL SESSIONS of October 23, 1990. The Minutes did-not reflect Councilwoman Parker's reason for arriving late. Councilwoman Parker was attending the Twenty/Twenty Growth Panel Meating in Richmond and thus arrived at 2:28 P.M. Councilwoman Parker's reason will be reflected in the Minutes of INFORMAL AND FORMAL SESSIONS of October 23, 1990. Voting: 10-0 Council Members Voting Aye: John A. Saum, James 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: None Council Members Absent: Reba S. McClanan M I N U T E S VIRGINIA BR--ACFI CITY COUNCIL Vlrgitila Beacli, Virginii October 23, 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 Tuesday, October 23, 1990, at 2:00 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 Mey&ra E. Oberndorf and William D. Sessoms, Jr. Council Members Absent: Nancy K. Parker (ENTERED: 2:28 P.M.) - 2 - C 0 U N C I L C 0 N F E R E N C E S E S S I 0 N HUMAN RIGHTS COMMISSION 2:00 P.M. ITEM # 33608 Leslie L. Lilley, City Attorney, distributed information and presented an overhead summary relative a HUMAN RIGHTS COMMISSION. Said information is hereby made a part of the record. Enabling Authority: Virginia Code Section 15.1-37.3:8 authorizes: Establishment of a local commission with powers and duties granted by the Virginia Human Rights Act (Section 2.1-714 et seq.) Adoption of a local human rights ordinance prohibiting discrimination in housing, employment, public accommodation, credit and education on the basis of race, color, religion, sex, national origin, age, marital status or disability. Powers and Duties of the State Council on Hi,man Rights (Sec. 2.1-714 et seq): To receive and investigate complaints of unlawful discriminatory practices To conciliate complaints of unlawful discrimination. To hold hearings, develop findings and make recommendations. To make studies and appoint advisory councils. To furnish technical assistance upon request to further compliance. To inquire into incidents which may constitute unlawful acts or unfounded charges of discrimination. To seek prevention of or relief from unlawful discriminatory practices, through appropriate enforcement authorities. To promote the creation of local commissions to aid in its goals (applicable to the State Commission.) Powers of Local Commissions Pursuant to Section 2.1-724, Code of Virginia, all powers of the State Council on Human Rights are conferred upon local commissions. STATE COUNCIL ON HUMAN RIGHTS COMPOSITION: 9 Members, appointed by the Governor Full-time support staff of 3 Part-time support staff of 2 Volunteers BUDGET: $206,000 COMPLAINTS: 1990 - 120 received* ACTIVITIES IN 1990: Make findings and recommendations Disseminate information Furnish technical assistance upon request Receive and investigate complaints state-wide Mediate - 3 - C 0 U N C I L C 0 N F E R E N C E S E S S I 0 N HUMAN RIGHTS COMMISSION ITEM # 33608 (Continued) *As per request of Councilmen Lanteigne and Sessoms, the statistics relative the number of complaints involving Virginia Beach will be forwarded when this data is available. Seven Virginia localities have established local commissions; however, there are only six existing localities with commissions, as Portsmouth's Ordinance was rescinded on January 1990: Alexandria, Arlington County, Fairfax County, Newport News, Petersburg and Richmond. REPRESENTATIVE FORMAT OF LOCAL HUMAN RIGHTS COMMISSIONS/ORDINANCES IN VIRGINIA CREATION OF COMMISSION EXECUTIVE DIRECTOR AND STAFF - typically a City department, which includes all human relations functions, including employee assistance programs for public sector employees. THE POWERS AND DUTIES Advisory Education Investigative duties Complaint resolution Conciliation and/or Public Hearings WHERE POWERS AND DUTIES INCLUDE COMPLAINT RESOLUTION Typically there is a City ordinance paralleling state and federal law which prohibits discrimination (as authorized by Section 15.1-37.3:8) of the following: Housing Employment Public Accommodations Credit Education Complaint procedure is tied to violation of the City Ordinance. Mr. Lilley referenced the Human Rights/Relations Commissions: their purpose, powers and duties, complaint procedure, composition and budget. VIRGINIA LDCALITIES* Alexandria: $ 199,369.00 Arlington County: 549,608.00 Fairfax County: 676,000.00 Newport News: 2,650.00** Petersburg: 32,470.00 Richmond: 310,879.00 "(In addition to Human Rights Commissions, the above budget figures represent funding for other agencies related to the protection of human rights, as well as employee assistance programs.) *"Office of Human Affairs encompasses all manpower, housing and social programs. The $2,650 figure does not include the budget of the Office of Human Affairs. As per request of Councilwoman Parker, the number and specific complaints from each of the above localities will be provided. The private sector will also provide information relative Human Rights' complaints on a yearly basis. - 4 - C 0 U N C I L C 0 N F E R E N C E S E S S I 0 N HUMAN RIGHTS COMISSION ITEM # 33608 (Continued) NATIONAL SAMPLING Allenton, Pennsylvania $ 236,853.00 Ann Arbor, Michigan Dept. of Personnel provides support as needed. Forth Worth, Texas 381,000.00 Lumberton, North Carolina 37,785.00 Supported by Human Resources Dept. Montgomery County, Md. 1,200,000.00 Tncludes salaries for Commissioners Santa Ana, California 293,228.00 Tacoma, Washington 429,000.00 Mr. Lilley delineated the Council Decisions necessary: Is a Human Rights Commission needed? If so, what are the needs of the Community? Once the needs are determined and a Human Rights Commission is desired, an Ordinance to Amend the City Code will be necessary. Mr. Lilley distributed the sample Ordinance which reflected several alternatives. Councilman Brazier advised access is important. Virginia Beach should be a leader. Councilman Clyburn requested the opinions of the community regarding the formation of this Commission. Mayor Oberndorf advised she would request the Fellowship Committee to relate their purpose, their composition and their areas of exploration to provide City Council with further information during the City Council Session. The Committee will be holding Public Hearings throughout the City to identify concerns. Councilman Heischober advised a Resolution relative a Human Rights Commission and not an Ordinance should be scheduled for the City Council Session of November 6, 1990. BY CONSENSUS, a Resolution shall be SCHEDULED for the City Council Session of November 6, 1990, concerning whether the City Council should proceed with the Ordinances for the formation of a Human Rights Commission. - 5 - C I T Y M A N A G E R 'S B R I E F I N G CAPITAL IMPROVEMENT PROGRAM FY 1990-91 - 1994 -95 3:50 P.M. ITEM # 33609 The City Manager advised E. Dean Block, Assistant City Manager for Analysis and Evaluation, had been called out of the City. The City Manager distributed information relative Buildings, Parks and Recreation, and Water and Sewer Projects. The Directors of these various Departments were in attendance to respond to City Council inquires. Councilwoman McClanan referenced the Pendleton Child Service Center and requested information relative the cost per pupil. Detailed information will be provided on the entire program. The Capital and Operating aspects of the Budget need to be evaluated. Councilman Sessoms requested information relative the value of the building at its present location. The State is charging a $300.00 a day penalty until the relocation of the Center. Mayor Oberndorf advised this was an excellent topic for discussion with the State Legislators regarding this penalization. Councilman Jones and Councilwoman McClanan inquired relative the expense of the building. Mr. Chuck Davis, Assistant Director of General Services, advised this is a residential as well as a school facility. There is an administrative section. Factors beyond the norm increase the cost. This bid was the best received based on the floor plan. Information relative this cost of $100.00 per square foot will be provided. Councilman Clyburn advised the program fulfilled a tremendous need on the part of those "special" students. As per the request of Councilwoman Parker, information relative the number of students from Chesapeake will be provided. Councilman Lanteigne advised there are five different Fire Stations contained in the CIP and each references the architectural fees. Councilman Lanteigne requested the possibility of one efficient design be investigated, which could be utilized for all fire stations. In response to Councilman Lanteigne's inquiry concerning City facilities in leased spaces, the City Manager advised there are some agencies, which are located in lease space that will be moving into the Judicial Center. Some of those leases will never arrive at their full termination and funds will be saved. The City Manager advised Councilman Jones the "Latch Key" Program, Project No. 4-936 - Recreation Office and Storage Facility at School Sites, was listed on on Page 20 under Parks and Recreation of the CAPITAL IMPROVEMENT PROGRAM. The City Manager will provide a list of the school sites. There is a very minimal fee charged for this service. Councilman Jones believed as this program is practically self-funded, it should be expanded and should be available in all Elementary Schools. Councilwoman Parker reflected the need for a Council liaison to the School Board. Councilman Sessoms referenced CIP #3-007 Pesticide Storage Facility on Page 26 with a total estimated cost of $129,529, and was informed this project contained a typographical error and the schedule of activities would commence in January 1991, assuming adoption of the Capital Improvement Program. - 6 - C I T Y MAN AGE R 's B R I E FIN G GENERAL FINANCIAL REPORT 4:25 P.\1. ITEM # 33610 Chester Johnson, Pres1dent - Government Flnðnce Assoc1ates, Inc., adv1sed the degree of control exercIsed by the CIty 1n ] ts debt Issuance and management program has contr1buted to the assIgnment and maIntenance of strong bond ratlngs of AA from Moody's Investors Serv1ce and Standards & Poor's CorporatIon, respectIvely. ThIs IS a very strong ratIng absent Lake Gaston and the recent economIC downturn. The Clty should make 0 Trlple A candJdate. Strong Flnanclal ~1anagement, debt and economlC trends are factors utIlIzed 1n determInIng credIt ratings. The three major ls';ues whIch test the Clty'S credit posItlOn are: (1) Lake Gaston; (2) ~blllty of the CIty to wor"- through the current econom1C condltJOnS, and, (3) Heavy borrowIng schedule ev]denced by the CapItal Improvement Program. Stephanle LewIs, V1ce PresIdent - Government \ssoc1ates, Inc., advlsed the test for adequate reserves IS the rat1o of the City's undes1gnated unreserved general fund balance to tax-supported debt serVIce. The CIty ~anager's target of 87.5% IS a very prudent level: rra1ntaInlng thIS rdtlo IS 1mportant In maIntaInIng the C1ty'S cred1t ratlng. James Joseph, AssJstant DIrector - Government Finance Research Center, and Cather1ne HolsteIn, SenIor Flnanc1al Analyst, prov1ded Informat1on relatIve the Current Debt PosIt1on as of June 30, 1990: $336,325,000 of outstandlng tax-supported debt $ 25,295,000 of outstandlng water and sewer revenue debt $ 5.190,000 of outstandIng lease-purchase debt (excludIng the S32,070,OOO cert1ficate of partlclpat1on flnanclng for the Judlclal Center that was sold on September 25, ]990, and certa1n capItal leases not ,ncluded in the Clt]'S debt report) $318,270,000 1n author1zed but unlssued debt. The Objectlves of the Debt Capac1ty Study: To proVIde InformatlOn to Councll and Staff that wIll be useful In the renew of Cap1tal Fund1ng Plans To assess the 1mpact of var1OUS borrowlng scenanos on the City's annual debt serVlce requirements and outstand] ng debt posItlon. To demonstrate the changes In the CIt]'s key debt rat1os that would result from variOUS levels of new debt Issuance. These ratIos Include the follow1ng: debt per cap1ta debt to full value per caplta debt to per cap1ta debt serVIce to expend1tures 1ncome To d1SCUSS the potent1al Im~ct of ~rlOUS borrowIng scenan os on the Cl ty' s bond rat1ngs and market access. October 23, 1990 - 7 - C I T Y MAN AGE R 'S B R I E FIN G GENERAL FINANCIAL REPORT ITEM # 33610 (Contlnued) Mr. Johnson advIsed the Proposed Capltal Improvement Program Borrowlng: Calls for Issuance of $451,995.00 Ie General ObligatIon Debt and Certlflcates of Partlclpatlon over the next flve fIscal years. CIty would retlre $169,545,484 In General Obligation Debt and Certiflcates of PartIcIpatIon over the same perIod. Result would be an Increase In net bonded between FY 1990 and FY 1995 of $282,452,516. Indebtedness City plans to Issue SI38-'ULLION of self-supportIng Lake Gaston double-barrel bonds between FY 1991 and FY 1994. The IncluSIon of these Lake Gaston Bonds In the calculatlon of net debt would Increase the CIty's ,ndebtedness by $407,102,185 between FY 1990 and FY 1995. Debt Issuance assumptJ ons Included In Debt CapaCity Study WIll dIffer from bond Issues outllned In the proposed Capltal Improvements Progran. The proposed CIP assumes that all debt IS Issued In the year that the correspondlng referendum IS passed.The Debt CapacIty Study assumes that debt IS Issued accordIng to cashflow needs. Comparlson of Selected 1990 Actual and 1995 Projected Debt Ratlos with Range of Moody's 1990 Selected Indlcators* 1990 Debt Ratlos VIrgInia Beach Moody's Low Overall Medlan Net Debt Hlgh Net Debt Per Capita $844 $615 5980 52,310 Net Debt to Estimated Full Value 2.10% 1.90% 3.70% 9.50% Projected 1995 Debt RatIOS VIrgInia Beach Moody's Low Overall MedIan Net Debt High Net Debt Per Caplta $1,384 $615 $980 $2,310 Net Debt to Estlmated Full Value 2.96% 1.90% 3.70% 9.50% <'These fIgures are based on moderate growth 1n the CIty over the fIve-year per1od. The moderate growth flgures utIlIzed were: 3% populatlon, 6% growth In assessed value, 5% personal Income and 8% governmental expendItures. If slower growth IS ut1l1zed, thIS has a dramat1c Impact on ratIos. If growth 1S h1gher and closer to what the C1ty experlenced In the 1980-1985 perIod, the ratIos are not Impacted nearly as slgnIf1cantly. The Capltal Improvement Program requ1res much new debt Issuance and wlll have an Impact on the Clty'S credIt posltlon. However, the borrow1ng levels alone, as as contemplated, are not slgnlfIcapt enough to Jeopardlze the CIty'S credlt standlng. The Clty'S credlt strength wIII contInue to depend upon the flnanc1al and economIC health of the CommunIty. However, tIllS proposed borrowIng does weaken the CIty'S abll1ty to wIthstand a slowdowr, In the natlona] and state economy wlthout a detrImental Impact on Its credIt posltlon and abll1ty to secure f~vorable Interest rates in the natlonal credIt market. October 23, 1990 - 8 - CON C ERN S 0 F THE MAY 0 R ITEM II 33611 Mayor Oberndorf requested the City Clerk to advise ~embers of City Council the date and time advertised for the PUBLIC HEARING to Interview candidates for appointments to the VIRGINIA BEACH SCHOOL BOARD: TUESDAY, NOVEMBER 27, 1990 12:30 P.M. CITY COUNCIL CHAMBER October 23, 1990 - 9 - ITEM II 33612 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by ~~ayor Meyera E. Oberndorf In the Conference Room, City Hall Building, on Tuesday, October 23, 1990, at 5:05 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Helschober, Louis R. Jones, Paul J. Lanteigne, Reba S. McC I anan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Counc I I Members Absent: None October 23, 1990 - 10 - ITEM II 33613 Mayor Meyera E. Oberndorf entertained a motion +0 permit City Council to conduct Its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of VIrginIa, 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 II sted In the Formal Agenda. 2. PUBLICLY HELD PROPERTY: Discussion or conslaerdtlon of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly-held property pursuant to Section 2.1-344(A) (3). To-Wit: Highway site acquisition - Princess Anne Borough. Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Counci I voted to proceed Into EXECUTIVE SESSION. Voting: 11-0 Counc II Members Vot I ng Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Helschober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCI anan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Counc II Members Vot I ng Nay: None Council Members Absent: None October 23, 1990 - 11 - FORMAL S E S S ION VIRGINIA BEACH CITY COUNCIL October 23, 1990 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL In the Council Chambers, City Hall Building, on Tuesday, October 23, 1990, at 6:00 P.~. Council Members Present: John A. BalJ!\, James W. Brazier, Jr., Robert W. CI yburn, Vice Mayor Robert E. Fentress, Harold Helschober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and WIll jam D. Sessoms Council Members Absent: None INVOCATION: Reverend Alton M. Washington, D.O. Princess Anne Plaza United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA October 23, 1990 - 12 - I tem V-E. CERTIFICATION OF EXECUTIVE SESSION ITEM # 33614 Upon mot Ion by Counc I I man He I schober, seconded by V I ce Mayor Fentress, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pub! ic busIness matters lawfully exempted from Open Meeting requirements by Virginia law were discussed In Executive Session to which this certl flcatlon resol utlon applies; AND, On I Y such pub II c bus I ness matters as were Identified In the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert w. Clyburn, Vice Mayor Robert E. Fentress, Harold Helschober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCI anan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Counc II Members Vot I ng Nay: None Council Members Absent: None October 23, 1990 ,....:~.,:,\ '\ Jt~\Jv,/Jt,1(-.:'I r~~'~ ~~~%~,;y 1~.1 ~TO 2t"-'~' ø.-' :f > ~I ~. ,', i') ~ ' ~> 0 " 0) " '-, ' J ~ ~\, ~:~~""....r?JI Lt." ....,....- ,I I.~.;~~,~'~';'¿ 1Rr 11 n lit It.o tt CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The VIrgInIa Beach CIty CounClI convened lnlo EXECUTIVE SESSION, pursuanl lo lh<, "ffnmal1ve vole recorded In ITEM # 33613 Page No. 10, and In accordance wIth the proVlslons of The VIrgInIa Freedom of Information Act; and, WHEREAS: SectIon 2.1-344,1 of the Code of VIrgInIa requIres a certlhcatlon 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 publ1c busIness matters lawfully exemptc-d from Open 1-1eel1ng requirements by VirgInIa law were dIscussed In ExecutIve SessIon to WhIch thIs certIfIcatIon resolutIon applle~: and, (b) only such publIC busIness matters as were ldentihed In the motion convenIng thIs Executne SessIon were heard, dIscussed or (onsldered by VIrgInIa Beach CIty Councll. ~~~ th Hodges Sm th, C:-1C/ AAE CIt y Clerk October 23, 1990 - 13 - Item V-F.1. MINUTES ITEM # 33615 Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City Council APPROVED the Minutes of INFORMAL At«> FORMAL SESSIONS of October 16, 1990. Voting: 11-0 Counc II Members Vot I ng Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Helschober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Counc II Members Vot I ng Nay: None Council Members Absent: None October 23, 1990 - 14 - Item V-G. 1. CONSENT AGENDA ITEM II 33616 Upon mot Ion by Counc II man He I schober, seconded by V I ce Mayor Fentress, City Council APPROVED In ONE MOTION Items 1, 2, 3,4 and 5 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Helschober, Louis R. Jones*, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Counc II Members Vot I ng Nay: None Council Members Absent: None *Councllman Louis Jones VERBALLY ABSTAINED on Item G.2. October 23, 1990 - 15 - Item V-G.1. CONSENT AGENDA ITEM {I 33617 Upon motion by Councilman Helschober, seconded by Vice Mayor Fentress, City Council ADOPTED: Resolution requesting Virginia Beach voters' support of the Referendum Question on the Ballot In November 1990 re disposition of the proceeds of drug forfeiture. Vot I ng : 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, V I ce Mayor Robert E. Fentress, Haro I d Helschober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Co unc II Members Vot I ng Nay: None Council Members Absent: None October 23, 1990 RESOLUTION REQUESTING THE VOTERS OF VIRGINIA BEACH TO VOTE IN SUPPORT OF THE REFERENDUM QUESTION ON THE BALLOT IN NOVEMBER 1990 ON THE SUBJECT OF DISPOSITION OF THE PROCEEDS OF DRUG FORFEITURE . WHEREAS, the federal, state and local governments have ~dentif~ed the ~ncrease of drug use as one of the greatest threats fac~ng Amer~ca; and WHEREAS, our City ~s actively enforc~ng laws perta~n~ng to cr~m~nal v~olations of drug statutes and the Virg~n~a Beach Commonwealth Attorney ~s prosecuting drug dealers and users; and WHEREAS, the efforts to combat the spread of throughout soc~ety ~s becom~ng ~ncreasingly expens~ve; and drugs WHEREAS, the dispos~t~on through the se~zure and forfe~ture of proceeds der~ved through v~olat~on of criminal laws of the Commonwealth has prov~ded the Police Department w~th add~t~onal resources for law enforcement; and WHEREAS, the federal government will not allow the c~ty to cont~nue to part~c~pate in the rece~pt of these se~zed assets because of a proh~b~t~on in the current Const~tut~on of V~rg~n~a; and WHEREAS, the General Assembly has provlded the voters the opportun~ty to amend the Constitut~on of V~rg~nia to allow local~t~es to retaln assets se~zed and forfeited ~n cases resulting from cr~mlnal v~olations of the Commonwealth's drug statues, and WHEREAS, th~s matter will be placed on the ballot and subject to approval of the voters ~n November 1990 and therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that: All of the residents of the City are urged to reg~ster to vote ~n the November Referendum; and BE IT FURTHER RESOLVED that C~ty Counc~l supports passage of the amendment to the Const~tution of the Commonwealth because it would enhance publ~c safety by allow~ng proceeds se~zed through drug ~nvest~gat~ons to be reta~ned by the local~ty for law enforcement purposes; and BE IT FURTHER RESOLVED that the Counc~l of the C~ty of Virg~n~a Beach urges its voters to vote ~n favor of th~s Referendum quest~on. Resolved by the Counc~l of V~rg~n~a Beach on 23 day of October , 1990. - 16 - Item V-G.2. CONSENT AGENDA ITEM # 33618 Upon mot I on by Counc II man He I schober, seconded by V I ce Mayor Fentress, City Council ADOPTED: Resol utlon approv ing the location and major design features of Landstown Road; requesting Virginia Department of TransportatIon proceed with design completion and acquisition of all rights-of-way; and, authorizing the City Manager to '3xecute all necessary utility agreements. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Hetschober, 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 Abstaining: Louis R. Jones Council Members Absent: William D. Sessoms, Jr. *Councllman Louis Jones VERBALLY ABSTAINED and declared pursuant to Section 2.1-639.14(E) of the Code of Virginia, he owns land with a value In excess of $10,000.00, which I s located along the Princess Anne Road Eastern Phase. Therefore, this Interest meets the criteria of a personal Interest In the transaction under the Conflict of Interest Act. Councilman Loul s Jones' letter of July 9, 1990, is hereby made a part of the record. October 23, 1990 LOCATION AND DESIGN PUBLIC HEARING APPROVAL LANDS TOWN ROAD RESOLUTION WHEREAS, a Locatlon and Deslgn PublIc Hearlng was conducted on July 26, 1990, In the Cl ty of Vlrglnla Beach by representatIves of t'le Commonwealth of \Ilrglnla, Department of TransportatIon after due and proper notlce for the purpose of conslderlng the proposed locatIon and deslgn of Landstown Road, State Project UOOO-134-124, PE-IOI, RW-201, C-501, 1'1 the Clty of Vlrglnla Beach, at WhlCh hearIng aerIal photographs, drawlngs, and ot"er pertInent lnformatlon were made avallable for publlc lnspectlon In accordance wlth state and federal requlrements; and WHEREAS, all persons and partles In attendance were afforded full opportunlty to part-lclpate 1 n c;a](1 pub IlC hearlng¡ and WHEREAS, representatIves of the Cdy of Vlrglnla Beach, were present and partIcIpated 1'1 sald hearlng; ard WHEREAS, the CouncIl had prevlously requested the VIrgInIa Department of TransportatIon to program thlS proJect; and WHEREAS, the Councl1 consIdered all suCh matters; now THEREFORE, BE IT RESOLVED that the CouncIl of the Cl ty of Vlrglnla Beach hereby approves the locatlon and ma Jor desIgn features of the proposed project as presented at the Pub 11C Hearlng and request the Vlrglnla Department of Transportatlon to proceed wlth deslgn completlon¡ and BE IT FURTHER RESOLVED, that the CIty of Vlrglnla Beach requests the Vlrglnla Department of TransportatIon to acquIre all rIghts-of-way necessary for thIS project conveYlng saId rlghts- of-way to the Clty of Vlrglnla Beach at the approprlate tIme; and BE IT FURTHER RESOLVED, <hat the CIty Manager OT the CIty OT VIrgInIa Beach IS hereby authorIzed to execute, on behalT OT the CIty of VIrgInIa Beach, all necessary utIlIty agreements requIred In con.JUnctlon wIth acquIrIng such r 19hts-oT-way. Adopted by the CouncIl of the Clty of 'JHglnla Beach on the 23 day OT October 1990. ATTEST: CLERK OF COUNCIL APPROVED AS TO CONENT /)/)) 1;:-: (ì ,';f dJ.)~ I r J, r:::rf ~- G;.; " 1:_- D""'MEN' , 1 /1"'" -,. fyfJ' I ,~,\ '/ ' : f .' /' ' 1-",' ~/......_~ .! ,,/ ;; !(/ -- - 17 - Item V-G.3. CONSENT AGENDA ITEM II 33619 Upon motion by Councilman Helschober, seconded by Vice Mayor Fentress, City Council ADOPTED: OrdInance authorizIng TRANSFER of excess Clty-o'olned property at 3561 Shewn Court to the Green Run Homeowners AssocIation, without cost, to become a part of the common "g reen be I t" area (PRINCESS ANNE BOROUGH). Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Helschober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Co unc II Members Vot I ng Nay: None Council Members Absent: r,one October 23, 1990 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 ORDINANCE AUTHORIZING TRANSFER OF CERTAIN EXCESS PROPERTY TO THE GREEN RUN HOMEOWNERS ASSOCIATION WHEREAS, by Ordinance adopted June 19, 1989, by the city Council of the City of Virginia Beach (Ord-89-1883A) , the Council declared a certain parcel of property in the Green Run Subdivision excess and authorized the City Manager to convey said property as he deemed in the best interest of the City; and WHEREAS, at that time Council was informed that an adj acent property owner desired to purchase the property $8,000.00; and for WHEREAS, since purchaser time potential that the declined to complete the transaction; and WHEREAS, the Association has Green Run Homeowners indicated its willingness to accept this parcel as a gift to become a part of the common area (greenbelt) of the subd~vision; and WHEREAS, this property has been declared excess of the City's needs and disposal. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCI L OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is authorized to transfer title of the below-described Green property the to Run Homeowners Association without with restriction cost and that the the property is to be maintained as a part of the common area of the subdivision to-wit: All that certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as: "LOT 1 IN BLOCK A" as shown on that certain plat entitled: "RESUBDIVISION OF BLOCKS A,B,C,O,M,L,J AND K AND PORTIONS OF GREENBELTS M-I-A' AND M-I-B', AS SHOWN ON PLAT OF GREEN RUN P.U.D. SUBDIVISION SECTION M-l (M.B. 110, P.34) PRINCESS ANNE BOROUGH--- VIRGINIA BEACH, VIRGINIA." Said plat has been recorded in the Clerk's Office of the Circuit Court in the c~ty of Virginia Beach, Virginia in Map Book 120, at Page 19, to which 41 42 43 44 45 46 47 48 49 50 51 52 53 54 reference is description. more particular made for a It being a part of the same property conveyed to the City of Virginia Beach, Virginia, by deed of Frank E. P. Klages, Jr., et ux, dated May 14, 1987, and recorded in the Clerk's Office of the Circuit Court of the city of Virginia Beach, Virginia, in Deed Book 2649, at Page 1033. Adopted Council the City of Virginia by the of Virginia, on this 23 , 1990. day of Gc tober CA-3970 (GREENR.Ord) R-1 2 Beach, '-.../' / ';X) 0 (j) rn ; 0 Z -\ :n 0 "~\1'1<1 ",.,_.... ;:-;1 g ~ ", III" ~~'~Ij~ ~~: ~~ s¡: "-. ., "" " M', \!! 'i'I , , ~ I/'. ' ^' iJ, '". r: ~, f'2 1\ " "~~ '" 't' ;,¡ , ~ i ~ -; 1"( I ,\ .;1':. ~t ~ - ê S .; -li::i '" ~ '" ~ '" ~ :~.~ \!I:; \!!~ i~ ,h ¡.!: I," ~=. " ~' i ~ f'-' is" SITE . """]I!< [""""""",,- Scale 1"==100' 11/8/88 Date , w en <C I :J: m a. CO] t m , (0 I - <C C\I [!~~ ~ zU N~J:; 1 ~; - .~~ >, - 113 - Item V-G.4.a. CONSENT AGENDA ITEN f 33620 Upon motion by Councllman HeIschober, seconded by ViCe Nayor Fentress, Clly CouncIl ADOPTED upon SECOND READING: OrdI nance to AGeEPI' and APPROPRIATE, a $132,500 grant from the Lnlted States ~Iarshals SerVIce to the SherIff's FY 1990-1991 OperatIng Budget re renovatIon wIthIn the correctIonal center. VotIng: 11-0 CouncIl 11embers 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, 'ayor ~leyera E. Oberndorf, Nancy K. Parker and WIllIam D. Sessoms, Jr. CouncIl Members VotIng Nay: None CouncIl Members ~bsent: None October 23, 1990 10 11 12 13 14 15 16 17 18 19 20 21 22 1 2 3 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $132,500 GRANT FROM THE UNITED STATES MARSHALS SERVICE IN THE SHERIFF'S FY 90-91 OPERATING BUDGET FOR RENOVATION WITHIN THE CORRECTIONAL CENTER 4 WHEREAS, the Sheriff's Office is responsible for the incarceration of all 5 prisoners in the City of V1rginia Beach; 6 WHEREAS, to address overcrowded conditions, the City and the United States Marshals Service have negotiated a cooperative agreement in wh1ch a grant of 8 $132,500 will be used for renovation wi thin the V1rginia Beach Correctional 9 Center; WHEREAS, the grant prov1des funding for completion of double bunking and upgrading the existing camera system NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that a grant in the amount of $132,500 be accepted and appropriated in the Sher1ff's Office IT 90-91 Operat1ng Budget for renovation within the Correct1Onal Center only for the term of the grant BE IT FURTHER ORDAINED that appropriations be offset by a $132,500 increase 1n estimated revenue Adopted by the City Council of the City of Virginia Beach, Virg1nia, this 23 October day of , 1990 This shall be effect1ve from the day of 1ts adoption First Reading October 16, 1990 Second Reading. October 23, 1990 - 19 - Item V-G.4.b. CONSENT AGENDA ITE.'1 # 33621 Upon motlOn by Councllman Helschober, seconded by V,ce Mayor Fentress, CIty CouncIl ADOPTED upon SECOND READING: OrdInance to APPROPRIATE $41,000 re Home Health Personal Care Program. VotIng: 11-0 CouncIl Members VotIng Aye: John A. Baum, James W. BrazIer, Jr., Robert W. Clyburn, VIce Mayor Robert E. Fentress, Harold Helschober, LOUIS R. Jones, Paul J. LanteIgne, Reba S. McClanan, è1ayor Meyera E. Oberndorf, Nancy K. Parker and WIllIam D. Sessoms, Jr. CouncIl Members VotIng ~ay: None CouncIl Members Absent: Kone October 23, 1990 1 2 3 4 5 6 A~ ORDINANCE TO ESTABLISH CATEGORY POSITIONS AND TO APPROPRIATE $41,000 FOR THE HOME HEALTH PERSONAL CARE PROGRAM WHEREAS, the Virgin~a Beach Department of Publ~c Health has provided home- 7 based skilled serv~ces to elderly and d~sabled res~dents of Virgin~a Beach in need 8 of assistance for da~ly l~v~ng through the contractual employment of nurs~ng 9 assistants with costs for these contracts paid by re~mbursements from Hed~caid; 10 11 WHEREAS, recent action of the State Department of Health converted these 12 contractual employees positions to of available costs at wage ~n excess 13 reimbursement, caus~ng program cont~nuat~on to be ~n Jeopardy unless an alternate 14 means of payroll administrat~on could be found for the nurs~ng ass~stants; 15 16 WHEREAS, thes2 home-based serv~ces are v~ewed as a cr~t~cal component of the 17 cont~nuum of care for elderly and d~sabled seek~ng to avert ~nst~tutional~zat~on; 18 19 WHEREAS, the State Health Department has agreed to use Hed~ca~d revenues to 20 reimburse to the C~ty of V~rgin~a Beach all costs associated with employment of 21 thirteen (13) nurs~ng assistants for home-based personal care serv~ces; 22 23 WHEREAS, the employment of nursing assistant posit~ons as a part of the 24 city's personnel system w~ll require no d~rect f~nanc~al support of the city. 25 26 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 27 VIRGINIA, that th~rteen (13) category pos~t~ons for home based personal care be 28 created in the V~rg~n~a Beach Publ~c Health Department. 29 30 BE IT FURTHER ORDAINED that funds ~n the amount of $41,000 be appropr~ated 31 for wage and fringe benef~t costs of these pos~t~ons, and that Revenue from the 32 Commonwealth for FY 90-91 be increased by $41,000. 33 34 Th~s ordinance shall be effect~ve from the date of ~ts adopt~on. 35 36 Adopted by the Counc~l of the C~ty of Virg~n~a Beach, V~rg~n~a on the ~ 37 day of October, 1990. 38 39 October 16, 1990 F~rst Read~ng 40 Second Reading October 23, 1990 - 20- Item V-G.5. CONSENT AGENDA ITEH Ii 33622 Upon motlOn by CounCilman Helschober, CounCIl APPROVED: seconded by VIce ~layor Fentress, CIty Requests to recognIze 51% NeIghborhood Water ProJec ts I n the Lynnhaven Borough; and, authorIze the Projects to be Included In the CapItal Improvement ProgTam: (a) Poyner Lane (b) Lynndale Estates VotIng: 11-0 CouncIL Members VotIng Aye: John A. Baum, James W. BrazIer, Jr., Robert W. Clyburn, VIce 'ayor Robert E. Fentress, Harold Helschober, LouIs R. Jones, Paul J. LanteIgne, Reba S. McClanan, ~\ayor Meyera E. Oberndori, Nancy K. Parker and WIllIam D. Sessoms, Jr. CouncIL Me~bers VotIng ~ay: None CouncIl Members Absent: None October 23, 1990 - 21 - Item VI-H.li2 PUBLIC HEARING ITE.'1 # 33623 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING BY CONSENT (a) DOMINION BUILDING CORPORATION (b) ESTATE OF AMELIA G. McLEAN STREET CLOSURE STREET CLOSURE (c) B & L TOWING SERVICE OF VIRGINIA, INC. CONDITIONAL USE PERMIT PLANNING (a) CHESAPEAKE BAY PRESERVATION AREA CITY CODE AMENDMENTS ADDING Appendu F to be known as Chesapeake Bay Preservat10n Area Ordi- nance (Versions A or B). ADDING Appendix G to be known as Southern Watersheds Protect10n Ord1nance. Append1x A, Sec. 101, 102, III and 200 of CZO (Vers10ns A or B). Append1x B, Sec. 5.10, 6.1 and 6.3 of the Subd1v1sion Ordinance (Vers10ns A or B). Appendix C, Sec. 2, 3, 4, 5 and 7 of the S1te Plan Ord1nance (Vers10ns A or B). ADDING Section 16 re Stormwater Management Ordinance to Append1x D (Vers10ns A or B). Sect10n 30- ì8 re erOSIon and sed1ment control and tree protect10n (Versions A or B). ORDINANCE to des1gnate MAPS Ident1fY1ng extent. geograph1c ORDINANCE TO AMEND and REORDAIN Art1cle XXII, Chapter 2 Chesapeake Bay Preser- vat10n Area Board. (b) WILLIAMS CORPORATION OF VIRGINIA (c) FIRST UNITED PENTECOASTAL CHURCH (d) W. W. WILKINSON (e) WAYNE A. AND JANE SMITH (£) STEVEN B. GRAY CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT VARIANCE VARIANCE VARIANCE October 23, 1990 - 22 - Item VI-!!.l. PUBLIC HEARING ITEM # 33624 PLANNING BY CONSENT Upon motIon by Councll woman ~1cClanan, seconded by VIce ~jayor Fentress, CIty CouncIl in ONE MOTION, GRANTED an addItional NINE (9) MONTH DEFERRAL untIl the CIty CounCIl SesslOn of July 9, 1991, of Item H.J.a., AIITHORIZED FINAL APPROVAL of Item H.l.b. and ALLOWED WITHDRAWAL of Item H.1.c. of the PLANNING BY CONSENT AGENDA. VotIng: ] 1-0 CouncIl Members Votlng Aye: John A. Baum, James W. BrazIer, Jr., Robert W. Clyburn, VIce ~ayor Robert E. Fentress, Harold Helschober, LOU1S R. Jones, Paul J. Lantelgne, Reba S. McClanan, ~jayor ~jeyera E. Oberndorj, :-Iancy K. Parker and Wlillam D. Sessoms, Jr. CouncIl Members VotIng Nay: ~one CouncIl Members ~bsent: None October 23, 1990 - 23 - Item V-H.l.a. PUBLIC HEARING ITEM Ii 33625 PLANNING BY CONSENT Upon motIon by CounCllwoman McClanan, seconded b) VIce Mayor Fentress, Clty CouncIl GRANTED an addltlonal NINE (9) MONTH DEFERRAL untll the Clty CouncIl SesslOn of July 9, 1991, for compllance In the PetlllOn of DOMINION BUILDING CORPORATION for the dIscontInuance, closure and abandonment of a portlon of Dwyer Road. AppllcatlOn of Domlnlon BUlldIng CorpordtlOn for the dlSContlnuance, closure and abandonment of a portlon of Dwyer Road begInnIng at a pOl nt 455.5 feet southwest of the Intersect Ion WI th Ddm tieck Road and runnIng In a westerly dlrectlon a dlstance of 2782.7 feet. SaId street IS 40 feet In WIdth and contaIns 2.553 acres. PRINCESS Ati~E BOROUGH. The OWNER or LEGAL REPRESENTATIVE of the Owner, has revIewed the condItIons for APPROVAL and has sIgned a STATEMENT OF CONSENT. SaId STATEMENT OF CONSENT IS hereby made a part of the proceedIngs. VotIng: 11-0 Councll Members VotIng Aye: John A. Baum, James W. Brazler, Jr., Robert W. Clyburn, VIce 'favor Robert E. Fentress, Harold Helschober, LOUIS R. Jones, Paul J. LanteIgne, Reba S. ~1cClanan, ~1ayor Meyera E. OberndorC, Nancy K. Parker and Wllllam D. Sessoms, Jr. CouncIl Members VotIng Nay: tione CouncIl Members Absent: None October 23, 1990 APPLICANT: APPLICATION: DESCRIPTION: STATEMENT OF CONSENT DOMINION BUILDING CORPORATION ')treet Closure Portion of Dwyer Road (Princess Anne Borough) CITY COUNCIL SESSION: October 23, 1990 fHE UNDERS I GNED OWNER OR LEGAL REPRESENTAT I VE FOR THE OWNER, (or Agent for the Owner). HAS REVIEWED THE CONDITIONS FOR APPROVAL CREQU I REMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: By: 1. The ultimate disposition of this right-of-way shall be by purchase rather than direct conveyance, subJ ect to determination by the City Attorney's Office. (A reconsideration request regarding this Condition was approved by City Council on November 14, 1988. The developer IS dedicating and constructing an a'ternative right-of-way and Condition Number 1, requiring purchase of the right-of- way to be closed, was waIved.) 2. Resubdlvlslon of the property and vacation of Internal lot lines to Incorporate the closed area Into adJoining parcels, as well as to Insure that all lots have access to a public street. 3. Dedication and Improvement or bonding of right-of-way through the area under development to ensure acceptabl e Improved public access to the residents on the Southern portion of Dwyer Road. 4. The applIcant has voluntarIly agreed to landscape the Western terminus which is being closed In keeping with the best professional landscaping principles. 5. This portion of Dwyer Road cannot be closed until the other street Is built. 6. Closure of th I sri ght-of-way sha II be cont I ngent upon compl lance with the above Conditions within 180 days of the approval by City Council, on or before July 9, 1991. ~..d .ç:? ¿/f£-~ Owner Attorney/Agent .I-/1{,/~" , , Date: - 24- Item V-H.Lb. PUBLIC HEARING 11E.' # 33626 PLANNING BY CONSENT Cpon motIon by CouncIlwoman McClanan, seconded bl VIce '1ayor Fentress, CIty CouncIl AUTHORIZED FINAL APPROVAL of the OrdInance upon applIcatIon of ESTATE OF AMELIA G. McLEAN for the dIscontInuance, closure and abandonment of an alley located 100 feet east of ~tlantlc Avenue. Appllcatlon of the Estate of ~meha G. 'cLean for the dIscontInuance, closure and abandonment of the followIng alley: Located 100 feet east of AtlantIc Avenue begInnIng at the southern boundary of Lockheed Avenue and runnIng southerly between Parcels 05 and Db. SaId parcel IS 15 feet In WIdth. Plats wIth more detaIled InformatJon are avaIlable In the Department of PlannIng. LYN~HêVEN BOROUGH. VotIng: 11-0 CouncIl Members VotIng Aye: John ~. Baum, James W. BrazIer, Jr., Robert W. Clyburn, VIce ~ayor Robert E. Fentress, Harold Helschober, LouIs R. Jones, Paul J. LanteIgne, Reba S. McClanan, Mayor Meyera E. Oberndor r , ~ancy K. Parker and WIllIam O. Sessoms, Jr. CouncIl 'embers VotIng ~ay: None CouncIl ~embers Absent: :ione October 23, 1990 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING THE ALLEY BETWEEN THE TWO LOTS ALONG LOCKHEED AVENUE SOUTH OF BLOCK 15 IN CROATAN BEACH, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED "PLAT SHOWING CLOSURE OF PUBLIC RIGHT-OF-WAY BEING AN ALLEY BETWEEN TWO LOTS ALONG LOCKHEED AVENUE SOUTH OF BLOCK 15 SUBDIVISION OF CROATAN BEACH M.B. 24, PG. 37 LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA," WHICH PLAT IS ATTACHED HERETO AS EXHIBIT A. WHEREAS, it appearing by affldavit that proper notlce has been given by The Estate of Ame1la G. McLean, that they would make applicatlon to the Councll of the Clty of Vlrglnia Beach, Virginla, on January 22, 1990, to have the herelnafter descrlbed alley dlscontlnued, closed, and vacated; and WHEREAS, it lS the Judgment of the Councll that sald alley be discontlnued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED BY THE Councll of the Clty of Vlrglnla Beach, Vlrginia, that the herelnafter described alley be dlscontlnued, closed, and vacated: Beginnlng at a polnt at the southeast intersectlon of At1antlc Avenue and Lockheed Avenue; thence, N85°45'45"E 100.00' along the southern rlght-of-way llne of Lockheed Avenue to the True Polnt of Beglnnlng; thence S04°14'15"E 50.00 to a polnt; thence, N85°45'45"E 15.00' to d polnt; thence, N04°14'15"W 50.00'to a polnt on the southern llght-of-way llne of Lockheed Avenue; thence S85°45'45"W 15.00'along the southern rlght-of-way llne of Lockheed Avenue to the True Polnt of Beglnnlng. Said parcel of land deslgnated as "Total Rlght-of-Way to be Vacated Area = 750 Sq. Ft. or 0.017 Acre (Alley) ," GPIN Ii 2426-47-1486 2426-47-2498 (.,." dS Lnd~cated on that cerLa~n plat of property ~n V~rgin~a Beach, V~rg~n~a, wh~ch plat ~s to be recorded ~n the Clerk's Off~ce of the C~rcu~t Court of the C~ty of V~rg~n~a Beach, V~rgin~a, upon adopt~on of th~s Ord~nance, and ~s made a part hereof by reference. SECTION II A certified copy of th~s Ordinance shall be f~led in the Clerk's Office of the C~rcu~t Court of the C~ty of V~rgin~a Beach, V~rgin~a, and ~ndexed ~n the name of the C~ty of Virg~nia Beach as Grantor, and the Estate of Amel~a G. McLean as Grantee. Adopted: October 23, ]990 ~) NOTE~ ( ( I THIS PLAT WAS COMPILED FROM PLATS a DEEDS OF RECORè, "Nt:> OOES NOT REFLECT A CURRENT FIELD SURVEY 2 THIS PLAT OOES NOT CONSTITUTE A SUBDIVISION OF LAND. <t U 0:: Wz :¡¡O <tGj ~C: (f)Z lJ-wW .... -a. z!'!: I-"a. (f)::¡: O<t ~U Z ~ ATLANTIC AVENUE (50' R.O. W ) l FORMERLY CHAUTAUQUA AVE. ) MoB. 24, PG,37 N04°14'IS'W SO.OO 1\ .TOTAL RIGHT-OF-WAY TO BE VACATED, AREA' 7S0 SQ.FT OR 0 017 ACRE ( ALLEY) BEGIN B'CHAIN LINK FENCE WI BARBED WIRE " WOOD PILES ........... lJ'( TYP ) ~1Ve: ~ GATE .... 3: w ~ GPIN NO u .J 2426-47-1486 z <I Ww 3: N/F lJ-0: - AMELIA G. '0 ~- 8 McLEAN 0 z3: .Jo aJ 0 Da257B, PGI563 g 0 IQ - zw 0 -ID 0 6' CHAIN LINK <10: 3: I<I FENCE WI BARBED UID -tD -CD WIRE -8 ~ N GPIN NO .w 2426-47-2498 '{i NIF -Ll) AMELIA G. -: MCLEAN' - Ll) DB 25"78 PG.I56'" 8 CD- , . =--0 Z -- Q 3: -10 .v 10 V ° If) CD (f \ I 0 0 0 Q 5000' SO4°'415E \ , I I ATLANTIc.. ! OCEAN REVISED'226'90 . REFERENCE MERIDIAN, M.. B. 24 , PG 37 ?: d Q:: -0 - It)w => -z w > <I Wzr-- :::>~~ Z~æ W J: - >~~ <3:3'aJ ~::;: erE W:;¡ wcr :r:f2 ::s::- g Þiæ !!:! ææ ~ -ó Uvv ON- .;J aJQJ <X1 ::;:::< M B 24, ~ 37 PLAT SHOWING CLOSURE OF PUBLIC RIGHT- OF-WA¥ BEING AN ALLEY BETWEEN TWO LOTS AlDNG LOCKHEED AVENUE SOUTH C'#' BLOCK 15 - - ';'SUBDIVISlor~ OF" CROATAN' BEACH . M B 24. PC. 37 LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA. Langley and McDonald A PROFESSIO~ CORPORATION . ENGINEERS. PLAI',INERS' SURVEYORS VI'RGINIA' BEACH~ WILLIAMSBURG VIRGINIA . OWN.' NND CHK'D' 5GB SHEET' - +. ,- "'ÔF'-"~~'I~-"----="'" SCALE,f"~'I"-30""""""~"""~~ PRO.!. NO.: "B9134 c: DATEI .-- 10'. 31-19Š9--~'~ ~f DR.NOi-=i9422""'-"""-""~;: >.u ---.:..,:=..J.-';J,,:_c ~;,;;:.....:- ,-i .'.... -,. '.-...,-, Exemptlon claimed: §58.1-81l (A)(1) 'rHIS DEED OF DEDICATION, Made thls 12th day of September , 19QO, by and between H. GLENN GRAY, JEAN M. DAVIS and SOVRAN BANK, N.A.. Co-Executors of the Estate of Ame1la G. McLean, deceased (the "Grantors"); and CITY OE' VIRGINIA BEACH, a municlpal corporation of the Commonwealth of Vlrginia (the "Grantee"), the address of WhlCh 1.S Munlc- Lpal Center, Vlrglnla Beach, Vlrglnla 23456; ~ I '! !i § ~ §. § T !!: That for and ]n conslderatlon of the mutual benefits dccrulng or to accrue to the above-mentloned parties, and other good and valuable conslderatlon, the sufflclency and receipt of WhlCh are hereby acknowledged, the Grantors do hereby dedicate, grant and convey, wlth Speclal Warranty, unto the Grantee, the fo11owlng descrlbed property, to-Wlt: ALL THAT certain lot, plece or pdrcel of land, sltuate, lYlng and belng In the Clty of Vlrglnla Beach, Vlrglnla, deslgnated as "1,500 SQUARE FEET OR 0.034 ACRE HEREBY DEDICATED TO 'rHE CITl OF VIRGINIA BEACH, VIRGINIA, FOR RIGHT-OF-WAY" on that certaln plat ent1tled "RESUBDIVISION PLAT OF TWO LOTS AND AN ALLEY HEREBY VACATED, SUBDIVISION OF CROA'rAN BEACH, (M. B. 24, PG. 37), ESTATE OF AMELIA G. MCLEAN", Scale 1" ~ 10', dated May 8, 1990, made by Ldngley and McDonald attached hereto and .lntended to be recorded s unu 1 taneously herewlth 1n the Clerk's Off1ce of the Clrcult Court of the C1ty of V1lg1nla Beach, V1rglnla. Gp"JtV" L'I¿r.- ~7_.J'¡"'1 1 '>',.;1 IT BEING a part of the same property conveyed to Amel~a G. McLean from Croatan Beach Corporat~on by Deed of L~qu~dat~on dated December 22, 1986, duly recorded in the aforesa~d Clerk's Off~ce ~n Deed Book 2578, at page 1563. This conveyance ~s made expressly subJect to such unexp~red covenants, cond~t~ons, restr~ct~ons, reservatlons and easements, ~f any, lawfully affect~ng the above- described property, duly ot record and const~tut~ng con- struct~ve notice. IN WITNESS WHEREOF, the Grantols have executed or caused th~s Deed to be executed by a proper ofi~cer, thereunto duly author~zed: Co-Executors of the Estate of Amel~a G. McLean, deceased // (SEAL) (SEAL) ~OVRAN BANK, N.Ã. ~-/ f) :' 1 ,/ ./ W~ ,\~/!I-ct J ,./ . 'Ü1r~)!/ I .~, ~TATE OF ~~NIA. CITY OF - ~atir" to-wit: The foregolng lnstrument was acknowledged before me thJS ,¿X¡t¿{j,ay of :J'J>7i...J~", 1'190, by H. Glenn Gray, Co-Ex- ecutor of the Esta?e of Amella G. McLean, deceased. , -ì~\' ';:)IT/!¡ 'I "o,I'N,'> .- I Notary PubllC My commisslon explres: -~ 51 ,/,1 ) ~i~~~cg~Nf1 ~~ Y,-Y;~h 1."< ////, to-wl t: v The foregoing instrument was acknowledged before me this ~ day oftt!,fi/;,AI'{ ,1990, by Jean M. Davls, Co-Ex- ecutor of the Estate of Amelia G. McLean, deceased. , ), ~ltjY- (:'Jf(/~/I'~ 1 Notary PubllC My commission explres::¡ } 1- '/ 'I STATE OF VIRGINIA, CITY OF IV. -¡ ../:: , to-wit: The foregolng lnstrurnent was acknowledged before me his ~ day of I ~i.' , ,1990, by 'otI-,,) IYI A ßíS', ¡J,Tf. \/,('0 (?(le'í,'þ.,.;<- ,- of Sovrdn Bank, N.A., on behalf of the Bank. I ) , , Notary PubllC My commisslon explres: h" ,J woo'=" ,-b ", ~. ~'-~~ ::::;-¡r~~ _1" ~è "",,~ ,>. "'~. ...." "- \~,'~'.s.,,~<l" ~¡ 'i ~- --- ~~\ '". """ \ q)\ ¡ ; ; ~ , ¡ ~ i~ ~;: ; :' ~ : ,¡ - ", ~ " ';.; ; ;~; :° < '. -', ' ;'1'. Iii! ¡¡¡I, ifm !.r¡ } . . "'C~'" ;,.,"",.. ì--' -, 'e " '" e; 0, ", JIJ.N"ltl.L1t ~~ Nlt3J N --~,~-i"-~~'-'-'=C "'~~-.: <L ~ >-" ~. ¡:; " ¡¡I! ¡¡Ii!! ¡1[' ~~~" '-~"8¡-:,- " m!i;mi!:~~: z - "'5 !~:- ;§:~ W~ h~~ un Wi , ¡,~ m~ ~,~ : ;~~; ;11!1111 ¡ ,.- c ~<~. c, ~ ,. ~ ;¡¡;~ ~~ ,,~ ~~ ~~ i; ~9 L ~§~ ~h ~~~ ¡ š~L o~)'.¡ !im I ~~ r ",;;;"', JH I-~~'~I""~ 0;: 1 ,'¡~ '!!;!i. - i;~ ~~ ~t' ~I "'.O~--i' ~~; I--¡~:'-:, § ! :: ~~. i; :I: " 3 < .. _-.J ..';';., . ' :?-: "~It:'.LV ~HIOS "','C, 3nN3^1t JI.L . ~ . ~ , . ~i !: ;: !g ,- ~~.~ -0' o~ < - ;~~~ '1' I I ~~i '0:1 ,õ" !¡iL . i !!¡¡ ¡1!!!!Ii ~m," i!¡!í ' !m. m! \ t " <:~!¡'~~;O" . as; ~mo§ I:I:~:~ ! -'~ ",rì "'." Ii! ; f¡V , ; ¡¡¡if i ~ ¡i '1:1; ! r,.!:.:-.i',!.,..,. !'.':',",I Ii I. oO'[~!. '<'."'o:,,_IOI!,.',¡<,".r,¡~!.~,.f¡'-:_- f. ,~¡ ~¡ ¡¡Ii 11 ¡¡ :!m ii" , . ~, ., ~! .- '" ". d ~: :3 , ~ ~H Z è " ¡'¡¡Iii!! ¡ :1.1 , §P ~< ' < ~ ~ ü ~~ ; ~~ h ¡¡; 0 ~ q - ~ 5 ~ 5z 0'" 1:) "i @ ê~ 0 ;.. 0 ~ ~ U'" õ ¿: ~ ~ ~ ~ i (\). ¡;:" iii j¡J - 25 - Item V-H.Lc. PUBLIC HEARING ITE~1 # 33627 PLANNING BY CONSENT Upon mot lon by Councllwoman HcClar an, seconded by V1ce 'ayor Fentress, C1 ty Councll ALLOWED WITHDRAWAL of the Ordlnance upon appllcatlOn of B & L TOWING SERVICE OF VIRGINIA, INC. for a CondltlonaI Use Permlt: ORDINANCE UPO~ APPLICATION Of B & L TOWING SERVICE OF VIRGINIA, INC. FOR A CONDITIONAL USE PERHIT FOR A BULK STORAGE YARD Ord1nance upon appllcatJOn of B & L Tow1ng ServIce of VlrgIn1a, Inc., for d CondItIonal Use PermIt for (1 bulk storage yard at the northeast corner of Southern Boulevard and Dorset Avenue. SaId parcel IS located at 120 Dorset Avenue and contaIns 10,585.08 square feet. More detaIled Lnfurmat1on 1S avaIlable In the Department of Plann"Lng. BAYS IDE BOROliGH. Vot lng: 11-0 CouncIl Members VotIng Aye: John A. Baum, James W. BrazIer, Jr., Robert W. Clyburn, V1ce Mayor Robert E. Fentress, Harold He1schober, LouLs R. Jones, Paul J. lanteIgne, Reba S. ~cClanan, Mayor ~eyera E. Oberndorf, liancy K. Parker and WIlham D. Ses~,.:¡l'Is, Jr. CouncIl ~embers VotIng Nay: t;one CouncIl Members Absent: r,one October 23, 1990 - 26 - Item V-H.2.a. PUBLIC HEARING PLANNING ITf.M # 33628 CHESAPEAKE BAY PRESERVATION AREA REGULATIONS The follO\üng reglstered to speak n'latlVe the CHESAPEAKE BAY PRESERVATION AREA ORDINANCES: John Hodgson, 1526 ~IcCullough Lane, Phone: 481-6656, represented the VIrgInIa Beach Garden Club. The Garden Club supported the EnvIronmental Department Staff recommendatIon, as well as the Staff recommendatIon of the Southern Watersheds ProtectIon OrdInance. ~lr. Hodg~on' s letter to ~lembers of CIty CouncIl IS hereby made a part of the record. Georgette Constant-DavIs, 110-82nd Street, Phone: 422-2948. Mrs. Constant-DavIs requested the OrdInance be applIed to the entIre Chesapeake Bay Wdtershed. W,ll,am M. Davenport, Post OffIce Box 5000, Phone: 422-0232, Landscape ArchItect. Mr. Davenport referenced varIOUS portIons of the OrdInances and requested the InsertIon of certifIed landscape architect. Lettel referencIng these portIons IS hereby made a pdrt of the record. Al Henley, 3113 Colechester Road, Phone: 426-6991. Mr. Henley resIded below the GREEN LINE and was not In favor c.f applYIng the Chesapeake Bay PreservatIon OrdInances to the Southern Waterslwds (Back Bay, North LandIng RIver). Robert K. Dean, 1204 Shawn DrIve, Phone: 427-6606, ChaIrman of the Southeastern AssoClatlon for VIrgInIa's EnvIr'Jnment (SAVE) and ExecutIve DIrector and Founder of "Save the Bay Day". Mr. Dean presented envIronmentally sensItIve mappIngs of the Chesapeake Bay prepared by KOAH. The AssocIatIon would support the CIty Staff's recommendatIon and was In support Llf IncluSIon of the other watersheds wIthIn the OrdInance. Ann Greenberg, 4124 Ewell Road, Phone: 464-4949, represented the League of Wo~en Voters and spoke In support ~f InclusIon of the other watersheds wIthIn the OrdInance. Chuck Traub, 784 Glassgow Court, Phone: 340-9056, requested the InclusIon of the other watersheds wIthIn the Ordlndnce and suggested varIOUS recommendatIons wIth relatIon to the PlannIng CommIssIon and CIty Staff. R,chard WhIttemore, 313 P,ke CIrcle, Phone: 426-7245, PresIdent of the Back Bay RestoratIon FoundatIon, The FoundatIon supports the CIty Staff's recommendatIon, but requests the ")oundanes be expanded to Include Back Bay and Korth LandIng RIver Watersheds. Delegate Glenn Croshaw, One TIdewater Chapter of the requested an amendment to pools" to the exempt Items. Columbus Center, Phone: 490-6000, represented the :-Iatlonal SwImmIng Pool and Spa InstItute and 112c of the OrdInance addIng "lnground swImmIng Attorney Jahn Summs, 1468 FIve HIll, advIsed the CIty'S current system serves adequately and can work betler through educatIon. Tuck BowIe, 1709 Oxen Court. Phone: 481-2741, represented the TIdewater BuIlders AssocIatIon as ChaIrman - VIrgInIa Beach ~unlclpal AffaIrs CommIttee. Statement IS herby made a part .of the record. SaId statement encompasses comments addressIng AppendIx f. The TBA recommends the endorsement only of the watersheds whIch draIn Into thp Chesapeake Bay. October 23, 1990 - 27 - Item V-H.2.a. PUBLIC HEARING PLANNING ITEI'I # 33628 (Contlnued) CHESAPEAKE BAY PRESERVATION AREA REGULATIONS Sharon Adams, 929 Wlndsor Road, represented SAVE, WhlCh IS a reglonal group of cltlzens Interested In protectlng the very valuable natural resources of the Southeastern Vlrglnla regIon. Mrs, Adams' statement IS hereby made a part of the record. SAVE requested the CI tv hold Pubilc Hearlngs and develop a set of compatlble recommendatlons for the rest of the CIty oy Aprll 23, 1991. E. Andrew Tldewater Incluslon I,h,le the I ts fInal Developed Heatwole, 808 Newtown Road, Phone: 473-8575, represented the Assoclatlon of Realtors. The Assoclatlon of Realtors supports only of those areas WhlCh draln into the Chesapeake Bay Watershed. Assoclatlon dId support the PlannIng Comm'sslon's recommendatIon In form, they also supported the staff reLommendatlOn on Intensely Areas. MaXlne Graham, 3057 South Sandplper Road, Phone: 721-3000, represented herself and advlsed concerns relat]ve Incluslon of the other Watersheds: Sandbrldge, Back Bay, ~orth Landlng R,ver and Owls Creek. Rae H. LeSesne, 5325 Thornberg Lane, Phone: 497-8008, Presldent of the Cltlzens Actlon Coall tlon. The Coall tlon was not In favor of the Plannlng Commlsslon' s reLommendatlOn. Helen ~cDonald, 2360 Sandflddler Road, Phone: 426-6653, spoke only In favor of IncludIng the Chesapeake Bav Watershed wlthln the OrdInance. Kale Warren, 1177 Pond Cypress DrLve, Phone: 499-8150, resIdent of Vuglnla Beach SInce 1971. Mrs. Warren spoke In favor of Inclus]ons of all Watersheds In the Staff's verSlon of the OrdInance. SaId statement IS hereby made a part of the record. Joe What ton, 3437 'hddle PlantatlCm Quay, Phone: 498-1800. Mr. Wharton IS PresIdent of Land Use, Inc. Mr. Wharton endorsed the PlannIng Commlsslon's recommendatIon. Mr. I,harton complImented the Clty Staff. ~r. Wharton urged only those aredS mandated by the State wlthln the CBPA Program be Included. R. S. Poole, 1953 Klng WIlliam Road, Phone: 464-5918, Chalrman of the EnVIronmental StandIng Commlttee of the Colmcll of CIVIC OrgamzatlOns. The CCO requests Back Bay, the North LandIng RlVer, Owl Creek anè all of the tnbutarles, be Included wlthln Ul<' OrdInance. Maurlce B. Jackson, 1125 DLLchley Road, Phone: 428-1470, Presldent of the VIrglnIa Beach BeautlhcatlOn Comm] SSlon and ~~ember of the Broad Bay SallIng AsSoclatlon. Mr. Jackson spoke In favor of the Staff's recommendatlon of the Ordlnance. The Clty Clerk referenced letter of October 23, ]990 and statement of support of the Chesapeake Bay Preservat lOn Area OrdInance (the PlannIng CommIssIon's recommendatlon) from Roger ~1. PIErce - ChalTman, Hampton Roads Chamber of Commerce-Vlrglnla Beach and Mlchae] J. Barrett, ChaIrman - Leglslatlve AffaIrs Comml ttf'e Hampton Rodds Chamber c f Commerce - VlTglnla Beach. The Chamber urged the OrdInance apply only to those drainage baslns dIrectly affectIng the Chesapeake Bay. Said statement IS hereby made a record. October 23, 1990 - 28 - Item V-H.2.a. PUBLIC HEARING PLANNING ITn! # 33628 (ContInued) CHESAPEAKE BAY PRESERVATION AREA REGULATIONS A 'lotiOn was made by Councllman Bdllm, seconded by Councllman Sessoms to ADOPr an Resolut1on establIshIng the GeographIc Extent of the Chesapeake Bay PreservatIon Area Program, as It relates to the Chesdpeake Bay Watershed, and dlfect1ng the Staff to prepare approprIate documents for the CIty Councll Agenda on ~ovember 6, 1990. CounCllman BrazIer requested the Resolutlon be AMENDED to Councll'& Intent to study the remalnlng watersheds 1n the CIty approprIate regulat1ons applY1ng to each watershed to accomplIsh In the C1ty of VIrgInIa Beach. reflect CIty and establIsh "clean water" CounCllman Baum and CouncIlman Sessoms accepted the fnendly Amendment to theIr ResolutlOn to Include the verb1age as suggested by Counc¡]man BrazIer: "BE IT FURTHER RESOLVED: That IS It the CounCll's Intent to study the rema1nIng watersheds 1n the Clty and establl&h appropr1ate regulat1ons applYIng to each watershed." Upon AMENDED MOTION by CouncIlman Baum, seconded by CounCllman Sessoms, CIty CouncIl ADOPTED: A resolutIon establIshIng the geographIc extent of the CHESAPEAKE BAY PRESERVATION AREA only as It relates to the Chesapeake Bay Watershed; dlrect1ng the Staff to prepare approprIate documents for the CIty Councll Agendd on November 6, 1990: and, to estabhsh geographlc extent of the Chesapeake Bay Preservation Area upon 311 other watersheds 1n the C1ty wIth appropr1ate regulat1ons applYIng to each watershed, prepar Ing the proper documenls WI th1 n SlX (6) months for C1ty Counc1l's consIderatIon. Vot1ng: 11-0 Counc1l ~embers Vot1ng Aye: John A. Baum, James W. Braz1er, Jr., Robert W. Clyburn, VIce Mayor Robert E. Fentress, Harold Helschober, LoUls R. Jones, Paul J. Lante1gne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and W1lham D. Ses';oms, Jr. CouncIl Members Vot1ng Nay: None Counc1l 'embers Absent: Kone October 23, 1990 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 2 3 A RESOLUTION ESTABLISHING THE GEOGRAPHIC EXTENT OF THE CHESAPEAKE BAY PRESERVATION AREA PROGRAM 4 WHEREAS, city Council has under consideration a proposed 5 ordinance to implement the requirements and stated purposes of the 6 Chesapeake Bay Preservation Act and the Chesapeake Bay Preservation 7 Area Designation and Management Regulations; and 8 WHEREAS, City Council desires to instruct and advise the 9 City Bay in staff that the preparation of the Chesapeake Preservation Program the geographic extent of the program shall be the Chesapeake Bay watershed; NOW, THEREFORE, BE rr RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That ~ t is the city Counc~l' s ~ntention to initially establish a Chesapeake Bay Preservation Program which extends only to the Chesapeake Bay watershed. The City staff is d~rected to prepare ordinances and regulat~ons consistent with this intention. BE IT FURTHER RESOLVED: That it is the Council's intent to study the remaining watersheds in establ~sh City the appropriate regulations and applying to each watershed; this work to be completed within six months. Adopted by the Council of the c~ty of Virginia Beach, Virginia, on the ----33day of October , 1990. chesbay.res CA-3975 R-4 - 29 - Item V-H.2.a./b RECESS ITEJol # 33629 CIty Counn1 RECESSED at 9: 30 P .~1. Nayor Oberndorf called to order the RECONVENED FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL ln the Counnl Chambers, CIty Ha 11 BU11dl ng, on Tuesday, October 23, 1990, at 9:35 P.~. Councli ~embers Present: John A. Baum, James \1.'. BrazJer, Jr., Robert W. Clyburn, Vlce Mayor Robert E. Fentress, Harold Helschober, Louls R. Jones, Paul J. LanteIgne, Reba S. McClanan, Nayor Neyera E. Oberndorf, ~ancy K. Parker and WJlIJam D. Sessoms, Jr. Councll ~lembers Absent: None October 23, 1990 Item V-H.2.a.1 PUBLIC HEARING PLANNING - 30 - ITE'l Ii 33630 CHESAPEAKE BAY PRESERVATION AREA REGULATIONS Upon motion by Vice Mayor Fentress, seconded by Councilman Helschober, City Council DEFERRED until the City Coun~11 Sessions of November 6, 1990: CHESAPEAKE BAY PRESERVATION AREA REGULATIONS Ordinances to AMEND and REORDAIN the Code of the city of Virginia Beach, {Irglnla: Voting: 11-0 (a) ADDING Appendix F to be known as the Chesapeake Bay PreservatIon Area OrdInance (Versions A or B). ( b) ADDING Appendix c; to be known as Southern Watersheds Protection Ordinance. ( c) Appendix A, Sections 101, 102, 111 and 200 of the City ZonIng OrdInance re legislative Intent, establishments of districts and official zoning mdps, definitions and zoning lots (Versions A or B). (d) Appendix B, Sections 5.10, 6.1 and 6.3 of the SubdivisIon OrdInance re underground utilities, preliminary plats and data generally and flndl plats dnd data (Versions A or B). (e) Appendix C, Sections 2,3,4, 5 and 7 of the Site Plan Ordinance re uses requiring site p I an rev I ew, proced ures, I n format I on required on site development plan, minimum standards and specifications and variances and appeals (Versions A or 8). ( f) ADDING Section lú re Stormwater Management Ordinance to Appendix D. (Versions A or B) (g) ADDING Section 30-78 re erosion and sediment control and tree protectIon (Versions A or 8). Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. CI yburn, Vice Mayor Robert E. Fentress, Harold Helschober, Louis R. Jones, Paul J. Lanteigne, Reba S. McC I anan, Mayor Meyer" E. Oberndorf, Nancy K. Parker and William D. Sessorns, Jr. Co unc II Members Vot I ng Nay: None Council Members Absent: None October 23, 1990 - 31 - Item V-H.2.a.2 PUBLIC HEARING PLANNING I TEM (I 33631 CHESAPEAKE BAY PRESERVATION AREA REGULATIONS Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City Council DEFERRED for City Council action on or before December 1, 1990: Ordinance to designate Maps Identifying geographic extent. Voting: 11-{) Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fantress, Harold Helschober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCI anan, Mayor Meyer" E. Oberndorf, Nancy K. Parker and William D. Sesso'T1s, Jr. Council Members Voting Nay: None Council Members Absent: None October 23, 1990 - 32 - Item V-H.2.a.2 PUBLIC HEARING PLANNING rn:'1 # 33632 CHESAPEAKE BAY PRESERVATION AREA REC~LATIONS Cpon moUon by Vice Mayor Fentre;,s, seconded by CounCIlman Clyburn, CouncIl DEFERRED untll the CIty CounCIl SeSSion of t'òovember 6, 1990: CIty OrdInance to AMEND and REORDAIN ArtIcle XXII, Chapter 2, of the Cod" of the CIty of VIrgInia Beach by ~DDING SectIon 2-452.1 re creatIon of the Chesapeake Bay PreservatIon Area Board. Voting: IJ-O CouncIl Members VotIng Aye: John A. Baum, James ~, Brazier, Jr., Robert W. Clyburn, Vice '1ayor Robert E. Fentress, Harold Heischober, LouIs R. JonE's, Paul J. LanteIgne, Reba S. McClanan, Mayor Meye~a E. Oberndor f , Nancy K. Parker and WlllIam D. Ses"oms, Jr. CouncIl Members VoUng Kay: None Council Members Absent: None October 23, 1990 - 33 - Item V-H.2.b. PUBLIC HEARING ITEM II 33633 PLANNING Attorney Edward Bourdon, Pembroke One Bui Idlng, Fifth Floor, Phone: 499-8971 Upon motion by Councilwoman McClanan, seconded by Councilman Sessoms, City Council ADOPTED an Ordinance upon application of the WILLIAMS CORPORATION OF VIRGINIA for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF WILLIAMS CORPORATION OF VIRGINIA FOR A CONDITIONAL USE PERMIT FOR THE EXPANSION OF A BORROW PIT R010901342 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Williams Corporation of Virginia for a Conditional Use Permit for the expansion of a borrow pit on certain property located on the west s I de of Pr I ncess Anne Road beginning at a point 1930 feet more or less south of the intersection w th Sandbrldge Road. The parcel contains 34.6 acrHS. PRINCESS ANNE BOROUGH. 1. Renewal of the conditional use permit Is required after a fIve (5) year period. 2. The operator of the borrow pit shall be responslbl e for continuous water ser~lce for existing private well s up to 1,000 feet from the perimeter of the proposed pit. The operator's responslbll ity shall be to promptly replace, 3t the operator's cost,any well within this "cone 01 Influence". The operator of the borrow pit may be responsible for continuous water service for prlvc:te wells located between 1,000 and 5,000 feet fl-om the perimeter of the proposed pit If the ef-ected property owner can present credible evlderce that the borrow pit operation caused his or her well to fall. The operator's responsibilIty shall be to promptly replace,at the operator's cos~any well effected. 3. The borrow pit sha I I be. operated I n a dust free manner. 4. Mitigation calculations will be required for filling of any floodplain prior to Issuance of any permit. 5. An excavation permit Is Department of Public Works. requl red from the 6. No encroachment into natural drainage channels, except to direct drainage flow around the borrow pit and solely on the property of the applicant, shall be allowed. 7. A permit from the Virginia Water Control Board is required to discharge any water from dewatering Into a State waterway. October 23, 1990 - 34 - Item V-H.2.b. PUBLIC HEARING ITEM # 33633 (Continued) PLANNING 8. Operating hours shall be 7:00 a.m. until 7:00 p.m., Monday through Saturday. No Sunday operating shall be permitted. 9. Pumps for dewatering shall operate only between the hours of 7:00 a.m. until 7:00 p.m., Monday through Saturday. No pumps shal' operate on Sundays. 10. Undrained pockets and stdgnant pools resulting from surface drainage shall be sprayed In ac.cordance with requirements of thE State Board of Health to eliminate breeding places for mosquitoes and other Insects. Condition No. 11 shall be AMENDED to read: 11. Seaboard Road traff I c by the traffic pattern application will reconsideration. shall not be utilized for thru appllcant-'s haul trucks. If the ral ses d concern of safety:tiiã be ret Jrned to City Counc II for 12. A berm, 4 feet high with 3: 1 side slopes and Category I I andscape screen I ng Is req u I red between existing and proposed borrow pit operation and Pr I ncess Anne Road, d long wi th the northern property line and along the portion of the site wh I ch Is adj acen t to the recreat I on area for the Three Oaks subdivision. 13. In accordance with the Master Street and Highway Plan, a right-of-way dedication is required along Princess Anne Road frontage to provide for an ultimate four lane divided roadway. An approximate twenty-one-foot (21') right-of-way dedication Is required along the Princess Anne Road frontage of this 35 acre parcel. 14. A right turn lane 150 "eet In length with a 150 foot transltlo~ lane Is required at the existing entrance. An additional right-of-way dedication may be required to meet this condition. ADD Condition: 15. The entrance shall be up~ raded and relandscaped. This Ordinance shall be effective In accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- th \ rd of October, NIneteen Hundred dnd Ninety. October 23, 1990 - 35 - Item V-H.2.b. PUBLIC HEARING ITEM # 33633 (Continued) PLANN ING Voting: 10-1 Council Members Voting Aye: John A. 8aum, James W. 8razler, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Helschober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Counci I Members Voting Nay: Nancy K. Parker Council Members Absent: None October 23, 1990 - 36 - Item V-H.2.c. PUBLIC HEARING ITEM II 33634 PLANNING The City Clerk referenced letter of Robert D. Ruffin, Jr., Realtor with Larasan, requesting DEFERRAL as their attorney would not be able to be In attendance. James Brent, 1740 Pebble Place, Pentecoastal Church Phone: 471-0108, represented the Frlst The following registered in OPPOSITION: Sadye Shaw, 5569 Daniel Smith Road, ¡'hone: 497-5435, Lucenia M. Tyson, 5462 Connie Lane, Phone: right to speak. 497-4716, registered but WAIVED his Upon motion by Councilman Jones, seconded by Councilman Helschober, City Council DENIED an Ordinance upon ,~ppllcatlon of FIRST UNITED PENT ECOASTA L CHURCH for a Conditional Use Per~lt: ORDINANCE UPON APPLICATION OF FIRST UNITED PENTECOSTAL CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH AND RELATED FAC'LITIES ON CERTAIN PROPERTY Ordinance upon appllcdtlon of First United Pentecostal Church for a Conditional Use Permit for church and related facilities on certain property located on the north side of Connie Lane beginning at a point 150 feet east of Connie Way. Said parcel contains 2.38 acres. BAYSIDE BOROUGH. Votl ng: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Helschober, 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 October 23, 1990 - 37 - Item VI-H.2.d. PUBLIC HEARING ITEM II 33635 PLANNING Gall H. Davidson, 4916 Brandywine Drive, registered In OPPOSITION but WAIVED right to speak. Upon motion by Councilman Jones, seconded by Vice Mayor Fentress, City Council DENIED an Ordinance upon application of W. W. WILKINSON for a Variance to Section 4.4(b) of the Subdivision Ordinance. Appeal from Decisions of Administrative Officers In regard to certain elements of the Subdivision Ordinance, Subdlvl slon for W. W. WII klnson. property I s located at the northwest corner of Beaufort Aven ue and Bradpo I nt Lane. BAYS I DE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Helschober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor t~eyera E. Oberndorf, tiancy K. Parker and WI II lam D. SessC>TIs, Jr. Council Members Voting Nay: None Council Members Absent: None October 23, 1990 - 38- Item VI-n.2.e. PUBLIC HEARING ITflo1 # 33636 PLANNING SterlIng Webster represented the applIcant Upon motIon by CounCIl woman ~1cClar.dn, seconded by VIce Hayor Fentress, Cl ty CouncIl APPROVED the applIcatIon of WAYNE A. AND JANE SMITH for a VarIance to SectIon 4.4(b) of the SubdIvIsIon OrdInance. Appeal from DecIsIon of ~dmlnlstratlve OffIcers In regard to certaIn elements of the SubdIVIsIon OrdInance, SubdIvIsIon for Wayne A. & Jane SmIth. Property IS located at 2528 Entrada DrIve. PRIKCESS ANKE BOROUGH. VotIng: 11-0 CouncIl Members VotIng Aye: John A. Baum, James W. BrazIer, Jr., Robert W. Clyburn, VIce Mayor Robert E. Fentress, Harold Helschober, LouIs R. JonE~, Paul J. LanteIgne, Reba S. McClanan, Mayor Meyera E. Oberndort, 'Iancy K. Parker and WIlham D. Ses',oms, Jr. CouncIl Members VotIng ~ay' None CouncIl Members Absent: None October 23, 1990 - 39 - Item V-H.2. PUBLIC HEARING In:'! Ii 33637 PLANNING A MarION was made by Councllman HeJschober, seconded by Councllman Jones, to MOVE FORWARD the AppllcatJOn of STEVEN B. GRAY for a Vanance to Sectlon 4.4(b) of the SubdlVlslon OrdInance WhlCh requIres all lots created by subdlYJS10n meet all requlrements of the Clty Zonlng Ordlnance at the Northwest corner of Cullen Road and Jakeman Street (50]7 Cullen Road), contälnJng 55,619 square feet (BAYSIDE BOROUGH). YoUng: 5-6 (MarION LOST TO A NEGATIVE VOTE) CouncJl Members Votlng Aye. James W. Brazler, Jr., RODert W. Clyburn, VJce Mayor Robert E. Fentress, Harold Helschober and LoUJS R. Jones CounCll Members YoUng Nay: John A. Baum, Paul J. Lantelgne, Reba S. ~1cClanan, Mayor Meyera E. Oberndorf, Kancy K. Parker and WJlllam D. Sessoms, Jr. CouncJl Members Absent: None October 23, 1990 - 40 - Item V-H.2.e. PUBLIC HEARING nUl # 33637 (ContInued) PLANNING The followIng spoke In SUPPORT of the applIcatlOn: Delores '1cAfee, 4404 Oceanfront ~venue #1911, Phone: Broker and AppraIser, represented the applIcant 425-6368, Real Estate Mack C. Queen, 5033 Cullen Road, resIdent of Lakevlew Park for 35 years. The followIng spoke In OPPOSITION: Neal OvermHe, 1432 Maharls Road, Phone: 460-1070, PresIdent - LakeVIew Park CIVIC League, presented a pet ItlOl In OPPOSITIO'l contaInIng 178 sIgnatures. SaId petItIon IS hereby made a part of the record. RIchard S. PIttman, 1449 ClaudIa Drove, Phone: 464-3735 Letter from t-i. D. and Susanne H. Thurman In OPPOSITION to the appbcatlon IS hereby made a part of the record. Upon motIon by CouncIlman Jones, seconded by CouncIlman Helschober, CIty CounCIl DENIED the applIcatIon of STEVEN B. GRAY for a Variance to Section 4.4(b) of the Subdlvlslon OrdInance. Appeal from DecIsIons of AdmInIstratIve OffIcers In regard to certaIn ele~ents of the SubdIvIsIon Ordlnace, SubdIvISIon 'or Steven B. Gray at the northwest corner of Cullen Road and Jakeman Street. SaId property IS located at 5017 Cullen Road. BAYSIDE BOROUGH. VotIng: 11-0 CounCIl 'fembers VotIng ~ye: John A. Baum, James W. BrazIer, Jr., Robert W. Clyburn, VIce Mayor Robert E. Fentress, Harold Helschober, LOUIS R. Jones, Paul J. LanteIgne, Reba S. ~1cClanan, Mayor '1eyela E. Oberndorf, Nancy K. Parker and WIllIam D. Sessoms, Jr. CouncIl Members VotIng Nay: None CouncIl Members Absent: None October 23, 1990 - 41 - Item V-Ll. APPOINTMENTS ITEM # 33638 Upon NOMINATION by VIce Mayor FentrEss, CIty CounCIl: HISTORICAL REVIEW BOARD APPOINTED: Charlotte H. Purkey AND. REAPPOINTED: R. Angus Murdoch Two Year Terms: 11/]/90 - 10/31/92 VotIng: 1]-0 CouncIl Members Voting Aye: John A. Baum, James W. BrazIer, Jr., Robert W. Clyburn, VIce Mayor Ro~ert E. Fentress, Harold Helschober, LOUIS R. JonE";, Paul J. LanteIgne, Reba S. McClanan, Mayor Meyera Eo Oberndorf, Kancy L Parker and WIllIam D. Sese,oms, Jr. CouncIl Members VotIng Nay: None CouncIl Members Absent: None October 23, 1990 - 42 - Item V-I.2. APPOIN1MENTS IT1:'1 # 33639 Upon NOMINATION by Vlce Hayor FentŒss, City Counul APPOINTED: PENDLETON PROJECf MANAGFMENT BOARD Robert R. Beasley, Jr. (Unexpued tl!rm through 12/31/92) Votlng: 11-0 Councli Members Votlng ~ye: John A. Baum, James W. Brazler, Jr., Robert W. Clyburn, V,ce Hayor Robert E. Fentress, Harold Helschober, LOU1S R. Jones, Paul J. Lantelgne, Reba S. 'kClanan, Mayor Heye, a f. Oberndor f , \lanc y K. Parker and \hlllJ.m D. SesE,oms, Jr. Councli Members Votlng Kay: None Councll Hembers Absent: None October 23, 1990 - 43 - Hem V-I.3. APPOINTI-mNTS ITI,,'! # 33640 ['pon NOMINATION by Councllwoman Parker, CÜy CounCll APPOINTED: PRINCESS ANNE COUNTY TRICENTENNIAL COMMITTEE Ruth ~cknght John Balchunls Nary ReId Barrow Nary PerkIns Brown Tammy Burroughs Dall Roland E. Hargrove, Sr. VIckI Harvey Barbara N. Henley DIane Horsley Nartha Huddleston Glenda Knowles Paul Land Stephen ~ansfIeld Ruby Ann PrItchett John RoderIck Ruth SteIn Betty Ann VermIllIon Allee G. Walter Lynnhaven Borough KempsvIlle Borough Lynnhaven Borough Lynnhaven Borough PrIncess Anne Borough PrIncess Anne Borough Lynnhaven Borough Pungo Borough Blackwater Borough Lynnhaven Borough Lynnhaven Borough BaysIde Borough KempsvIlle Borough BaysIde Borough BaysIde Borough Lynnhaven Borough Lynnhaven Borough VIrgJnIa Beach Borough APPOINTED EX OFFICIO: Dorothy Barber BessIe B. Bell VIkb Grodner DIck KInsley Mark .;. Reed Nary ~nn Shelton John Stewart VIrgInIa Beach Schools CommunIty Correc tlons PublIC InformatIon OffIce ConventIon Bureau FrancIs Land House LIbrarIes LI branes VotIng: 11-0 CouncIl ~ embers VotIng Aye: John ;. Baum, James W. BrazIer, Jr., Robert W. Clyburn, VIce Mayor Robert E. Fentress, Harold Helschober, LouIs R. Jone&, Paul J. LanteIgne, Reba S. NcClanan, Mayor Neyera E. Oberndorf, Kancy K. Parker and WIllIam D. SesEoms, Jr. CouncIl Nembers VotIng Kay: Kone CouncIl Nembers Absent: None October 23, 1990 - 44 - Item V-I. 4. APPOINTMENTS ITE;'1 # 33641 Cpon NOMINATION by VIce 'ayor Fentress, CIty CounCll: TRANSPORTATION SAFETY COMMISSION APPOINTED: CouncIlman Paul J. LanteIgne AND, REAPPOINTED: John L. Perry Reeves Johnson Three Year Terms: 11/1/90 - 10/31/93 VotIng: 11-0 Council Members VotIng Aye: John ~. Baum, James W. BrazIer, Jr., Robert W. Clyburn, V,ce Mayor Robert E. Fentress, Harold Helschober, LouIs R. Jone", Paul J. Lantelgne, Reba S. McClanan, Mayor 'eyers E. Oberndorf, t-.'ancy K. Parker and Wilham D. Sessoms, Jr. CouncIl '1embers VotIng ¡.jay: None CouncIl Members Absent: None October 23, 1990 - 45 - Item V-L.1. APPOumlENTS HEM # 33642 Upon motlOn by Counolman Baum, and BY CONSENSUS, CIty Counol ADJOURNED the MeetIng at 10:35 P.M. /J - / , ~ )L,',.¡, ¿.iß.,k-J Beverly O. Hooks ChIef Deputy CIty Clerk ~~~ :th Hodg s SmIth, CMC CIty Clerk CIty of VIrginIa Beach VIrgInla ~ October 23, 1990