OCTOBER 2, 1990 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
10@ll JOIP.@,
CITY COUNCIL AGENDA
OCTOBER 2, 1990
ITEM 1. CITY MANAGERIS BRIEFING - Conference Room 8:30 AM
A. CHESAPEAKE BAY PRESERVATION ACT
Henry Clayton Bernick, 111, Director, Environmental Management
ITEM 11. TOUR - CHESAPEAKE BAY PRESERVATION AREA 9:15 AM
Louis Cullipher, Director of Agriculture
ITEM 111. CITY COUNCIL BRIEFING Conference Room - 12:30 PM
A. REAL ESTATE ASSESSMENT
Jerald Banagan, City Assessor
ITEM IV. COUNCIL CONFERENCE SESSION - Conference Room - 1:00 PM
A. CITY COUNCIL CONCERNS
ITEM V. L U N C H - Conference Room - 1:15 PM
ITEM Vi. INFORMAL SESSION - Conference Room - 1:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM VII. FORMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Father Dwight Schroder
St. John The Apostie Cathoilc 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 - September 25, 1990
G. PRESENTATION
1. MAYOR'S COMMITTEE ON REAPPORTIONMENT
Donald H. Clark, Chairman
H. PUBLIC HEARING
1. FY 1990-1991 OUTSTANDING PURCHASE ORDERS
1. ORDINANCES
1 . Ordinance, upon FIRST READING, to APPROPRIATE $11,404,697 for
FY 1991 re payment of purchase orders brought forward froin FY 1990.
2. Ordinance to AMEND and REORDAIN Section 30-1 of the Code of the
City of Virginia Beach, Virginia, re setbacks for excavations for
farm ponds and drainage ponds.
J. CONSENT AGENDA
All matters listed under the Consent Agenda are considered In the
ordinary course ot 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. Resolution to CONFIRM the APPOINTMENT of Assistant City Attorney:
Teresa H. Banyard effective October 16, 1990
2. Ordinance granting a franchise to Virglnia Beach Fishing Pier, Inc.
and Virginia Beach Ainusement Company to operate a fishing pier,
restaurant and related retall businesses at 15th Street on the
oceanfront; and, authorizing the City Manager to enter into a
franchise agreement.
1
3. Ordinances, upon FIRST READING:
a. To APPROPRIATE $59,491 from the Sale of Surplus Inventory to
Public Works Solid Waste Division re replacement of compactor
at the landfill.
b. To ACCEPT and APPROPRIATE a $1,299 State Grant from the
Virginia Department of Motor Vehicles to the FY 90-91 operating
Budget of the Police Department re purchase of anti-radar
detection device.
4. Ordinance to TRANSFER $200,000 from Project 2-987 Independence
Boulevard to Project 2-936 Ferrell Parkway - Phase IB re
continuation of project construction.
5. Ordinance appointing viewers In the application of William T.
Wingfield for closure of a portion of EMblem Road and Shell Road
(BAYSIDE BOROUGH).
6. Application ot Atlantic Ambulance Associates tor an ambulance
pemit pursuant to Section 10.5-2 of the Code of the City of
Virginia Beach, Virginia.
7. Ordinance authorizing tax refunds In the amount of $7,442.93.
K. UNFINISHED BUSINESS
L. NEW BUSINESS
M. 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 hold weekly on Tuesday)
9/27/90 lbs
M I N U T E S
VIRGI@IIA BEACI-I CITY COUNCIL
Vlrgiril,i Bcicii, Virglnli
October 2, 1990
The CITY MANAGER'S BRIEFING SESSION of the VIRGINIA BEACH CITY COUNCIL was
called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall
Building, on Tuesday, October 2, 1990, at 8:30 A.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Members Absent:
William D. Sessoms, Jr. (Attending a TIDEWATER REGIONAL TRANSIT
MEErING in Houston.)
2
C I T Y M A N A G E R B R I E F I N G S
CHESAPEAKE BAY PRESERVATION ACT
8:30 A.M.
ITEM 33514
Henry Clayton BernIck, III Dl rector Env I ronmen ta l Man agement di str] buted
lnformatlon relative the Chesapeake Bay Preservation Act. Concerning Geographic
Options, this ltern reflects the requirements of the City for the Chesapeake Bay
Watershed as opposed to other Watersheds In the City.
Chesapeake Bay Watershed Other Watersheds
Mandated program Optional program
Meet minimum State requirements Range from no requirements
to meeting minimum state
requirements
Mandated adoption schedule No required adoption schedule
Largely developed In suburban and Location of where most urban
urban uses; infill development and development is occurring,
redevelopment particularly north of Green
Llne
The Chesapeake Bay Watershed consists of three Major Subwatersheds in the City:
Lynnhaven, El lzabeth and the Little Creek. The rest of the Watersheds in the
area do not drain directly into the Chesapeake Bay. There is a small area along
the Oceanfront which drains directly into the Ocean. The Owl Creek/Rudee Inlet
area exits directly Into the Ocean. The Back Bay, North Landing River and the
Northwest River Watershed In the far corner of the Blackwater Borough drain
toward North Carolina and ultimately exit into the Atlantic Ocean through
Oregon Inlet down south of Nags Head. There needs to be a point made that the
Watersheds are signiflcantly different in the City. The Chesapeake Bay
Watershed is largely developed In Virginia Beach. Particularly along the
waterways, a large amount of low density or moderate density residential
housing exits and the majority of open land that Is left is primarily in
smaller tracts, as compared with the southern part of the city. It is mainly
available for lnfill development or redevelopment purposes. In the rest of the
City, there appears to be quite a different situation, most of the urban
development is currently occurring outside of the watershed. The belt of the
City from Kempsville towards the Ocean Lakes area ]s primarily outside the
Chesapeake Bay Watershed. With- that development, of course, comes the urban
type of problems, from an environmental prospective, apparent In the northern
portion ot the City. However, there are quite a bit more environmental controls
in this particular belt than were existent when the other watersheds north
originally developed.
Mr. Bernick displayed a schematic Illustrating the components comprising the
Chesapeake Bay Preservation Area: Resource Protection Area and Resource
Managernent Areas.
Mr. Bernick cited the Minimum Requirements of the Resource Protection Areas:
Tidal Wetlands
Nontidal Wetlands Connected by Surface Flow and
Contiguous to Tidal Wetlands or Tributary Streams
Tidal Shores
Other lands Necessary to Protect the Quality of
State Waters.
Buffer Area of 100 feet In Width adjacent to and
Landward of other elements and along both sides
of Tributary Streams.
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C I T Y M A N A G E R ' S B R I E F I N G S
CHESAPEAKE BAY PRESERVATION ACT
ITEM # 33514 (Continued)
In the review of these requirements at the Planning Commission and Staff Level,
it was the recommendation to add "perennial" to the definition of non-tidal
wetland areas and "top of bank" should also be added to a component of the
Resource Protection Area.
Resource Management Areas are to be located landward of the Resource Protection
Areas. The Minimum State Requirements are:
Land Types that have the potential for causing
significant water quality degradation if
improperly used or developed
Contiguous to entire inland boundary of Resource
Protection Areas.
Encompass Area large enough to provide significant
water quality protection.
Mr. Bernick displayed a map color coded to reflect the Chesapeake Bay
Preservation Areas. The green and yellow areas comprise the Planning Commission
recommendation for the Chesapeake Bay Preservation Areas in the Bay Watershed.
The green areas are the Resource Protection Areas and the yellow are the
Resource Management Areas.
The Intensely Developed Areas are an overlay. If the IDA is established in an
area, it would encompass the area covered by the Protection Area to the
landward edge of the Resource Management Area. The Minimum State requirements
of the Intensely Developed Areas are:
Optional Designation
Redevelopment Areas in which Development is
Concentrated
Areas of Existing Development and Infill Sites
where Little of the Natural Environment remains
provided at least one criteria is met:
More than 50 Percent Impervious
Public Sewer and Water Served area by
October 1, 1989
Housing Density at Least 4 Dwelling Units
per acre.
Relative the IDA, the City Staff recommended both of the aforementioned two
steps be included in the criteria. The Planning Commission recommended if one
of the three secondary criteria was met, the area should be listed as an IDA.
Louis Cullipher, Director of Agriculture, with the utilization of slides,
illustrated the various land forms and land uses, the Tour will encompass.
There are two major watersheds; however, there are several subwatersheds. The
pattern drainage system has been in existance for several hundred years in
Virginia Beach. The fields are called "cuts" and vary in width from 100 feet to
300 feet. As the Tour commences, the first view will be the North Landing River
from West Neck Road, one of the most scenic sights in Virginia Beach. The City
Council will observe a corn operation. Mr. Cullipher identified a perennial
ditch as being one in which water is forever flowing. There are very few
perennial ditches in the agricultural community. Mr. Cullipher displayed a
buffer which is designed to reduce erosion and sediment and assimilate
nutrients. In order for a buffer to be functional, there must be some type of
movement of soil material. Ridge tilling has been present in eastern Virginia
for approximately 200 years to acquire minimum drainage for crops to grow. The
water level must be optimum for plant growth: Thirty inches is ideal for corn
and eighteen for potatoes. After the corn is harvested, wheat is being planted
to mobilize or take the mass of nitrogen that is left over from the corn
residue. Thus, nutrients are reduced.
- 4 -
C I T Y M A N A G E R 1 S B R I E F I N G S
CHESAPEAKE BAY PRESERVATION PROGRAM
ITEM # 33514 (Continued)
All ditches are sediment basins whether they have water control structures or
not and must be cleaned out every tive to eight years. The City Council will
view the low flat topography of Back Bay and ride down Pungo Ferry Road to
witness the unique swamps and marshes along North Landing River. Some of the
deepest organic soils in the State are on Pungo Ferry Road. The marshes in
Kempsville actually drain Into the Eastern Branch of the Elizabeth River. The
City Council will see some areas that are developed and also areas with little
natural environment remaining, which might be a potential candidate for
Intensely Developed Areas. Broad Bay Point Is a beautiful portion of the City
with a bank of about fifteen to eighteen feet. Five percent (5%) of the
controllable nitrogen and twenty percent (20%) of phosphorous comes frorn
erodlng bank5. With few exceptions in the City, there are no eroding bank5. A
tidal Perennial Stream and Crystal Lake will be examined. The Tour will end
with Owl Creek at the Marine Science Museum
The City Councii RECESSED for their STUDY TOUR of the CHESAPEAKE BAY
PRESERVATION ACT to RECONVENE at 12:50 P.M. for the REAL ESTATE ASSESSMENT
BRIEFING by Jerald Banagan, City Assessor.
5- -
C I T Y M A N A G E R I S B R I E F I N G
REAL ESTATE ASSESSMENT BRIEFING
12:50 P.M.
ITEM # 33515
Jerald Banagan, Real Estate Assessor, advised the assessment became effective
July 1990. In real estate appraisals, there are three recognized approaches to
value:
Market Comparison - Examine sales of properties
recently sold and make co&parisons to size and
quality of subject being Investigated
Cost Less Depreciation - Use of Publ I shed Cost
Annuals which depict cost of new buildings and
parts of buildings and then depreciation Is added.
Income Approach - Net rental income is converted
Into value by means of a capitalization rate and
that rate is composed of Interest banks would loan
on that type of property and the equity return the
Investor would want In his Investment.
Mr. Banagan displayed an example of appralsing residential property in
Allenton. Four properties on the water were Illustrated:
Selling Price Bulit
$475,000 1957
$365,000 1965
$414,000 1962
$290,000 1962
The sale price is not used as the assessment. A systematic approach is
developed relative the appraisal. All 1962 vintage houses will be appraised in
a similar manner. The only difference will be the added amenities (decks,
pools, porches). The assessment of the property which sold for $475,000, Is
90% of the selling price. The assessment of the $290,000 property is 115%.
Generally vacant lots will go at a premlum. A map of the rural area indicates a
running total year-to-year on all acreage sales. All the green dots represented
acreage of more than 10 acres. All the pink dots represented less than 10
acres. The City would be deducting frorn the value of the homesite any wetlands
to try to determine how much the acreage was sel I !ng on a per acre basis. Mr.
Banagan displayed the sales study map for the upcoming year. The average
percent Increase on the Inside lots for the referenced neighborhood next year
wi I I be 2% or 3%. The average increase on the waterfront property Is going to
be 8% to 10%.
For commercial property, a blend of al I three approaches would be uti I ized
depending on how the data best fits the projects. Through the use of cost
manuals and past sales, schedules will be comprised at the beginning ot the
cycle to give to the Staff appraisers Information relative assessing the
special purpose single tenant type buildings (buildings all up and down the
arteries excluding otfice buildings and shopping centers). There would be a
schedule available advising the appraisal for convenience stores, day care
centers, jiffy lubes, fast foods, banks, et cetera. The appraisers would then
log all the sales occurring on that particular artery. The structures would be
deducted from those sales. Mr. Banagan cited examples of the "middle of the
road approach" in terms of land values up and down the artery.
- 6 -
C I T Y M A N A G E R I S B R I E F I N G
REAL ESTATE ASSESSMENT BRIEFING
ITEM # 33515 (Continued)
The staff keeps year-to-year run n I ng I ists of special pur pose properti es, aII
hoteIs that are so l d, aII apartment comp lexes, shop p I ng centers, resl den tial
development land of any size and B-2 properties of 5 acres or more to be used
for shopping centers. These are appraised as separate projects: one appraiser
will be assigned otfice bulldings, another will be assigned Shopping Centers.
These propertles will be reviewed city-wide all at the 5ame time. Office
buildings, shopping centers and apartments are the types of properties. The
Real Estate appraiser will utilize an Income approach depending on how much
Income Information can be derived.
Mr. Banagan distributed Information relative the June 28, 1990, Lynnhaven Mall
Transaction. Said Information Is hereby made a part of the record.
Approximately 50% of the land area and 60% of the square footage of the center
of Lynnhaven Mall are in Department Stores. The Stores are on their own eight
to twelve acre tracts of land. They are either owned by the Department Stores
or leased. Correspondence to Councilwoman Parker relative the Lynnhaven Mall
Transaction, a comparison of Hampton Roads Shopping Mall Assessments and
Regional Mall Sales are hereby made a part of the record. Mr. Banagan advised
he had not received Income Information on Lynnhaven Mall. His office has
conducted appeals with the Board of Equalization. The value was determined by
cost less depreciation.
Mr. Banagan advised Councilwoman McCianan assessments had not been made of the
bulkheads at Sandbridge because of the difficulty with erosion and the Board of
Equalization. Assessments were reduced from $105,000 on the vacant lots down to
$90,000, If unbulkheaded For those properties that were bulkheaded, $25,000 was
added for the bulkhead. The bulkheads are approximately $40,000. The City did
not contribute the full amount of the cost to its value. At this point In time
the market is recognizing the unbulkheaded lot is a detriinent. There Is a
different philosophy at Sandbridge. The bulkheads on the Inland water are
necessary to protect erosion and are effective, but it Is not proven how
effective a bulkhead will be against the Ocean.
7
C 0 N C E R N S 0 F T H E M A Y 0 R
1:40 P.M.
ITEM # 33516
The Mayor referenced a letter from James R. Bergdol I , Vice President - Col lege
Relations and Planning of Virginia Wesleyan College. October 14-20 has been
designated as National Higher Education Week. Mr. Bergdoll requested to be
SCHEDULED on the City Council Agenda of October 16, 1990, to bring
representatives of the higher education community in Virginia Beach for a brlef
staternent concerning relationships to the City. Old Dominion, Norfolk State,
Tidewater Community College, Virginia Wesleyan, Regent University and
Commonwealth College have an important impact on the City of Virginia Beach. BY
CONSENSUS, City Council agreed to SCHEDULE the presentation of James R.
Bergdoll relative higher education.
ITEM # 33517
Mayor Oberndorf ANNOUNCED Councilman William D. Sessotns, Jr. would be unable to
attend the City Cuncil Session Tuesday, October 2, 1990, as he would be
attending the TIDEWATER REGIONAL TRANSIT MEETING In Houston.
- 8 -
IT EMS OF T HE C IT Y MANA GE R
ITEM # 33518
The City Manager distributed an Ordinance to Transfer $48,436 from the Public
Beach Improvement Project (2-052) to the Lynnhaven Inlet Maintenance Dredging
Project (2-014) to provide the funds required by the Corps of Engineers; and, a
Resolution amending the June 18, 1990, Resolution authorizing the City Manager
to negotiate an agreement with the Corps of Engineers for placement of dredged
material on the Ocean Park Beach. On June 18, 1990, the City Council authorized
and directed the City Manager to conduct a beach nourishment project on Ocean
Park Beach in connection with the Corps of Engineers maintenance dredging of
Lynnhaven Inlet at a cost not to exceed $100,000. On September 27, 1990, the
Corps notified the City that the Ocean Park Beach nourishment would cost
$104,645. At the same time, the City was notified the City's share of the
maintenance dredging project was estimated at $156,050 for disposal site
preparation. The Corps of Engineers has required funds in the total amount of
$260,695 from the City. In order to proceed with the maintenance dredging and
beach nourishment two actions are necessary: The existing $100,000 limitation
on beach nourishment imposed by the June 18, 1990 resolution must be raised to
conform with the Corps' estimate. The basic project account balance (CIP 2-014)
must be increased by $48,436 for disposal site preparation.
BY CONSENSUS, this item shall be an ADD-ON to the Formal Session of October 2,
1990.
ITEM # 33519
A copy of the data referenced by Mr. Bernick during the TOUR concerning the
Chesapeake Bay Preservation Area will be distributed to City Council.
ITEM # 33520
The City Manager referenced the CAPITAL IMPROVEMENT PROGRAM WORKSHOPS and
advised the City Staff could be available after the Formal Session for the road
portion of the CIP. If appropriate, the City Manager will contact the
Superintendent of Schools to present their portion of the CIP during the City
Council Session of October 9, 1990.
ITEM # 33521
The City Clerk advised an item was inadvertently omitted from the City Cuncil
Agenda. Councilwoman McClanan will be sponsoring Mr. George Minns to speak in
behalf of the NAACP, concerning a HUMAN RIGHTS COMMISSION.
9
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
October 2, 1990
2:00 P.M.
Mayor Meyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNC[ L In the Counc II Chambers, Cl ty HAII BuIId]ng, on Tuesday,
October 2, 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 Meyera E. Oberndorf and Nancy K.
Parker
Council Members Absent:
William D. Sessoms, Jr. is attending a TIDEWATER
REGIONAL TRANSIT MEETING in Houston.
INVOCATION: Father Dwight Schroder
St. John The Apostle Catholic Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF TliE UNITED STATES OF AMERICA
- 10 -
Item VII-E.1
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 33522
CERTIFICATION was not necessary as no EXECUTIVE SESSION was held.
item VII-F.I.
MINUTES ITEM # 33523
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of September
25, 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.
- 12 -
Item VII-G.I.
MAYOR'S COMMITTEE
ON REAPPORTIONMENT
ITEM # 33524
Donald H. Clark, Chairman - MAYOR'S COMMITTEE FOR REAPPORTIONMENT, advised in
May, 1990, Mayor Oberndorf appointed an eleven-member citizens' committee to
review the present system of electing the Virginia Beach City Council. Mayor
Oberndorf requested the Committee determine whether the organization and method
of electing City Council should be changed; what changes should be made; and
how such changes should be implemented.
The present system of electing Council Members should be changed to a Mixed
Single Member District/At-Large System with District or Borough Boundaries
modified so Election Districts will have equal or nearly equal population. The
seven (7) existing boroughs would be modified to have equal population. Each of
those boroughs would elect its own representative and there would be four (4)
At-Large Representatives, including the Mayor, without any requirement for
residency.
The Committee proposes the transition to the new Mixed Election District/At-
Large Election system begin in 1992 and that the new election districts be
implemented in the 1994 Councilmanic elections. All current Council Members
would serve out the term for which they were elected. In 1992, Council Members
from Blackwater, Princess and Virginia Beach residency boroughs would be
elected for two-year terms under the old election system; and at-large Council
Members and the Mayor would be elected to four-year terms. In 1994, the new
election districts would be established and seven district council members
would be elected to four-year terms. In addition, two Council Members would be
elected at-large to two-year terms. In 1996, the Mayor and three at-large
Council Members would be elected for four-year terms. Thus, under the
committee's proposal, when the new plan is fully implemented, the Mayor and
three At-Large Council Members would be elected in one election and the seven
borough Council Members would be elected at the next election. Because the
1990 census data will not be available in sufficient detail (at the precinct
level) until April 1991, the Committee did not attempt to redistrict the City.
In the Committee's view, this task should be assigned to a special
redistricting panel to be appointed by City Council with staff support from the
City Manager's Office.
Relative the implementation for the new plan of election, City Council should
instruct the City Attorney's Office to draft a Charter Amendment incorporating
the recommendations of this report. City Council should seek approval of the
General Assembly for the Charter Amendment at the 1991 legislative session.
This redistricting panel should be in place and ready to carry out its work as
soon as the final 1990 census data is available. As a jurisdiction subject to
special coverage provisions of the federal Voting Rights Act, the City must
submit any change in election procedure to the Justice Department for
preclearance under Section 5 of that Act. The Committee recommends the City
make a single, comprehensive submission to the Justice Department to include
the Charter Amendment (as approved by the General Assembly), the new borough
boundary lines, and the requisite supporting documentation. The Justice
Department must render a decision within sixty days after receiving a complete
submission. The sixty-day period does not begin until the Justice Department
has all necessary information.
Mayor Oberndorf expressed appreciation to all Members of the MAYOR'S COMMITREE
FOR REAPPORTIONMENT:
Donald H. Clark - Chairman
Albert W. Balko
Thomas A. Barton, Jr.
Cyndy Bourquard
E. Richard Cockrell, Jr.
John D. Moss
Timothy O'Rourke, Ph.D.
Ronald E. Proctor, Ed.D
Crisanto D. Romero
William A. Schlimgen
Herbert B. Taylor
Robert R. Matthias, Staff
- 13 -
Item VII-G.l.
MAYOR'S COMMITTEE
ON REAPPORTIONMENT ITEM # 33524 (Continued)
Upon motion by Councliman Clyburn, seconded by Councilwoman Parker, City
Council RECEIVED the report of the MAYOR'S COMMITTEE ON REAPPORTIONMENT.
Voting: 9-1
Council Members Voting Aye:
John A. Baun, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
Haroid Heischober
Council Members Absent:
William D. Sessorns, Jr.
- 14 -
Item VII-H.1
PUBLIC HEARING ITEM # 33525
Mayor Oberndorf DECLARED a PLIBLIC HEARING:
FY 1990-1991 OUTSTANDING PURCHASE ORDERS
There being no speakers, Mayor Oberndorf CLOSED the PLIBLIC HEARING.
- 15 -
Item VII-I.I.
ORDINANCES ITEM # 33526
Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council
APPROVED, upon FIRST READING:
Ordinance to APPROPRIATE $11,404,697 for FY 1991 re
payment of purchase orders brought forward from IFY
1990.
Voting: 9-0
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, Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Abstaining:
Reba S. McClanan
Council Members Absent:
William D. Sessoms, Jr.
Councilwoman McClanan ABSTAINED as she did not receive the Itemized List of
these Purchase Orders in time to review same.
AN ORDINANCE TO APPROPRIATE
$11,404,697 FOR FISCAL YEAR 1991
FOR THE PAYMENT OF PURCHASE ORDERS
BROUGHT FORWARD FROM FISCAL YEAR
1990
WHEREAS, during the course of business in fiscal year 1990,
purchase orders or contracts were issued committing the city to
purchase of materials, supplies, equipment or services for use by
several departments, divisions or bureaus, and
WHEREAS, these purchase orders or contracts were charged to
appropriations previously authorized for the fiscal year ended
June 30, 1990 so as to reduce the unencumbered balance of those
appropriations, and
WHEREAS, on June 30, 1990, there were purchase orders or
contracts totalling $11,404,697 for which materials, supplies,
equlpment or services had not been delivered or Invoiced.
. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that the funds totalling $11,404,697 unexpended
and represented by purchase orders outstanding on June 30, 1990
be reappropriated as additions to fiscal 1991 appropriations to
the respective departments, division, or bureaus of the city so
that upon delivery of the materials, supplies, equipment or
services, there shall be sufficient funds to make payment. These
funds shall be approprlated from the following respective fund
balances:
General $ 6,334,830
School Operating 4,184,078
Water & Sewer 440,399
Golf Course 28,767
City Garage 46,084
Telecommunications 55,692
Print Shop 33,446
Risk Management 378
Marine Science Museum 32,375
Community Corrections 22,615
MH/MR/SA 88,431
Resort Parking 9,862
Microcomputer 85,391
Law Library 210
Athletic Special Revenue 33,579
School Cafeterias 8 560
Total Outstanding 404 679
This ordinance shall be in effect from the date of its
adoption.
I
Adopted by the Council of the City of Virginia Beach,
Virginia on the -------- - day of
1990.
PUBLIC HEARING: october 2, 1990
FIRST READING: October 2, 1990
SECOND READING: -
- 16 -
Item VII-I.2.
ORDINANCES ITEM # 33527
Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN Section 30-1 of the
Code of the City of Virginia Beach, Virginia, re
setbacks for excavations for farm ponds and
drainage ponds.
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.
AN ORDINANCE TO AMEND AND
REORDAIN SECTION 30-1 OF THE
CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, PERTAINING TO
SETBACKS FOR EXCAVATIONS FOR
FARM PONDS AND DRAINAGE PONDS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 30-1 of the Code of thL. City of Virginia Beach,
Virgi,,ia, is hereby amendld and reordained to read as follows:
section 30-1. Setbacks for excavation for farni ponds and
drainage ponds.
(a) The edge of any excavation fOr farm pon6s or drainage
ponds shall be located at 1E?ast twenty-five (25) feet from anY
Rxterior property line and at least one hundred (100) feet from
all existing or proposed public streets and highways.
Lb) The Direc- c W ith
thL- nt an on t. the stbac:k
rL- ullemeTIts IM C h
exi -.,,d@tic)rn's
tbac
sto mwatl-r (nana
not lic h
revL@wl@ e ton@ the r ct@or @f ublic orks
shall or,@@d., thL- f-11--@ll factoT---
d I.a,,L-d 'sL's clf 'd aqe-n@E tle@'
onstru ithout nq
c:L-nt_p t'L-5-
ct@r, d ac:-It 10 e tle@-
ultoT, @@ th@ @.. dl,3te arL',3._
T,.,
T,.ff@r .l.. op Aj@enj r 3 S.
D
7. f trees a thl-r e,,viro,,mental
Potet,,n or -.nd
g.n@ider-tlor,5@
(c) A violation of this section 5hall constit@te a Cla5s 3
misdemeanor.
Adopted by the Council Of the City of Virginia Beach,
virginia on the 2nd day of _ktober , 1990.
- 17 -
Item Vi I-J.
CONSENT AGENDA ITEM # 33528
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council APPROVED In ONE MOTION Items 1, 2, 3, 4, 5, 6, 7 and ADD-ONS 8 and 9.
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.
*Councilwoman McClanan voted a VERBAL NAY on Item J.2.
- 18 -
Item VII-J.1
OONSENT AGENDA ITEM # 33529
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Resolution to CONFIRM the APPOINTMENT of Assistant City Attorney:
Teresa H. Banyard effective October 16, 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.
1
2
3 A RESOLUTION TO "POINT
4 TFMSA H. BANYARD
5 AS ASSISTANT CITY ATTORNEY
6
7
8 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That pursuant to S 2-166 Code of the City of Virginia
11 Beach, virginia, the appointment of Teresa H. Banyard to the
12 position of Assistant City Attorney effective October 16, 1990, is
13 hereby confirmed.
14
15 Adopted by the Council of the City of Virginia Beach,
16 virginia, on the 2 day of October 1990.
17
18 CA-3943
19 BANYARD.RES
20 Rl
- 19 -
Item VII-J.2
CONSENT AGENDA ITEM # 33530
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance granting a franchise to Virginia Beach
Fishing Pier, Inc. and Virginia Beach Amusement
Company to operate a fishing pier, restaurant and
related retail businesses at 15th Street on the
Oceanfront; and, authorizing the City Manager to
enter into a franchise agreement.
Voting: 9-1
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 Nancy K. Parker
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
William D. Sessoms, Jr.
*Verbal Nay
1 AN ORDINANCE GRANTING A FRANCHISE
2 TO VIRGINIA BEACH FISMING VIER, INC.
3 AND VIRGINIA BEACH AMUSEMENT COMPANY
4 TO OPERATE A FISHING PIER, RESTAURANT
5 AND RELATED RETAIL BUSINESSES AT
6 15TH STREET ON THE OCEANFRONT AND
7 AUTHORIZING THE CITY MANAGER TO ENTER
8 INTO A FRANCHISE AGREEMENT WITH THE
9 FRANCHISEES
10
11 WHEREAS, Virginia Beach Fishing Pier, Inc. and Virginia Beach
12 Amusement Company (Franchisees) have successfully operated a
13 fishing pier, restaurant and re lated retail businesses at 15th
14 Street on the oceanfront since May of 1962 pursuant to a franchise
15 granted by City Council for a term of twenty (20) years, renewed
16 in May of 1982 for a term of five (5) years, and extended in May
17 of 1987 for a term of three (3) years;
18 WHEREAS, Franchisees have indicated their desire to continue
19 to operate the pier;
20 WHEREAS, in anticipation of the expiration of the franchise
21 granted in May of 1987, City staff reviewed the current franchise
22 operation and entered into negotiations with Franchisees regarding
23 the grant of a franchise for an additional term;
24 WHEREAS, on May 14, 1990, City Council granted Franchisees a
25 franchise to operate the pier until September 30, 1990;
26 WHEREAS, the purpose of the short-term franchise was to allow
27 the City and Franchisees to continue, in good faith, negotiations
28 that were ongoing as of May 13, 1990, the date of expiration of the
29 franchise granted in May of 1987;
30 WHEREAS, the City has met with Franchisees on numerous
31 occasions during the past several months to negotiate an agreement
32 that would be in the best interests of the City and Franchisees;
33 WHEREAS, the City and Franchisees negotiated a franchise
34 agreement and are satisfied that the terms and conditions of said
35 agreement adequately protect the interests of all parties
36 concerned;
37 WHEREAS, City Council is satisfied, based on recommendations
38 of City staff and on the past successful operation of Franchisees,
3 9 that the grant of a five (5) year franchise to the current
40 Franchisees conditioned on Franchisees' compliance with the terms
41 and conditions of the aforementioned agreement would be in the best
42 interests of the City.
43 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
44 VIRGINIA BEACH, VIRGINIA;
45 That a Franchise is hereby granted to Virginia Beach Fishing
46 Pier, Inc. and Virginia Beach Amusement Company to operate a
47 fishing pier, restaurant and related retail businesses at 15th
48 Street on the oceanfront for a term of five (5) years, commencing
49 on October 1, 1990, and ending on September 30, 1995, and that the
50 City Manager is hereby authorized to enter into a Franchise
51 Agreement with Franchisees, the terms and conditions of which shall
52 be strictly adhered to as a condition of the continued existence
53 of the Franchise granted herein.
54 Adopted by the Council of the City of Virginia Beach, Virginia
55 on the 2 day of October 1 1990.
56 This Ordinance requires an affirmative vote of three-fourths
57 of the members of City Council.
58 CA-3930
59 \ordin\proposed\pier.pro
2
- 20 -
Item VII-J.3.a.
CONSENT AGENDA ITEM # 33531
Upon motion by Councliman Heischober, seconded by Vice Mayor Fentress, City
Council APPROVED, upon FIRST READING:
Ordinance to APPROPRIATE $59,491 from the Sale of
Surplus Inventory to Public Works Solid Waste
Division re replacement of cornpactor at the
landfill.
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.
1 AN ORDINANCE TO APPROPRIATE $59,491 FROM THE SALE OF
2 SURPLUS INVENTORY TO PUBLIC WORKS SOLID WASTE DIVISION
3 FOR THE REPIACEMENT OF A COMPACTOR AT THE IANDFILL
4 WHEREAS, the FY 1990-1991 Operating Budget provided $200,000 for the
5 replacement of the compactor at the landfill;
6 WHEREAS, the actual purchase price of the compactor is $249,490 with
7 $189,999 being paid in cash for the new compactor and $59,491 being the trade-
8 in value of the old compactor;
9 WHEREAS, to provide for correct accounting of the city's inventory
10 the new compactor must be reflected at its full purchase price, necessitating
11 in an increase in appropriations of $59,491 with an offsetting revenue increase
12 of $59,491 from the sale of the old compactor.
13 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA that the revenue estimate for the FY 1990-1991 operating
15 Budget, Sale of Surplus Equipment be increased by $59,491 and that funds in the
16 amount of $59,491 be appropriated into the Bureau of Solid Waste Disposal
17 Replacement of Construction Vehicles and Equipment account for the purchase of
18 a compactor.
19 This ordinance shall be effective from the day of its adoption.
20 First Reading October 2, 1990
21 Second Reading
22 Adopted on this day 19-.
- 21 -
Item VII-J.3.b.
CONSENT AGENDA ITEM # 33532
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council APPROVED, upon FIRST READING:
Ordinance to ACCEPT and APPROPRIATE a $1,299 State
Grant from the Virginia Department of Motor
Vehicles to the FY 90-91 Operating Budget of the
Police Department re purchase of anti-radar
detection device.
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 Mernbers Voting Nay:
None
Council Mernbers Absent:
William D. Sessoms, Jr.
1 AN ORDINANCE TO ACCEPT A STATE GRANT
2 AND APPROPRIATE $1,299 TO THE FY90-91
3 OPERATING BUDGET OF THE POLICE DEPARTMENT
4 TO PURCHASE AN ANTI-RADAR DETECTION DEVICE
5 WHEREAS, the State Department of Motor Vehicles provides additional funding
6 assistance to local traffic enforcement programs periodically depending upon
7 available revenues;
8 WHEREAS, the operation of a radar detection devices are prohibited by state
9 code, and a recent test of the device by the Police Department yielded numerous
10 violations within a short period of time;
11 WHEREAS, the State has notified the City that $1,299 is available through
12 the Department of Motor Vehicles for the purchase of an anti-radar detection
13 device.
14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF VIRGINIA BEACH,
15 VIRGINIA, that the City accept the State grant from the Department of Motor
16 Vehicles, and that funds in the amount of $1,299 be appropriated to the FY9O-
17 91 Operating Budget of the Police Department for the purchase of the anti-radar
18 detection device.
19 BE IT FURTHER ORDAINED that these appropriations be offset by a
20 corresponding increase of $1,299 in estimated revenues as a result of the State
21 grant.
22 This ordinance shall be in effect from tbe date of its adoption.
23 Adopted the _ day of 1990, by the City Council of
24 Virginia Beach, Virginia.
25 First Reading: October 2, 1990
26 Second Reading:
- 22 -
item VII-J.4.
CONSENT AGENDA ITEM # 33533
Upon motion by Councliman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance to TRANSFER $200,000 from Project 2-987
independence Boulevard to Project 2-936 Farrell
Parkway - Phase IB re continuation of project
construction.
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. Lantelgne, Reba
S. McC[anan, Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Members Voting Nay:
None
Council Members Absent:
William D. Sessoms, Jr.
1 AN ORDINANCE TO TRANSFER $200,000 FROM CAPITAL
2 PROJECT #2-987 INDEPENDENCE ROULEVARD TO PROJECT
3 #2-936 FERRELL PARKWAY-PHASE IB TO PROVIDE FUNDS FOR
4 CONTINUATION OF PROJECT CONSTRUCTION
5 WHEREAS, contracts for the construction of Ferrell Parkway-Phase IB
6 (2-936) have been executed and work has commenced;
7 WHEREAS, the FY 1991-1995 Capital Improvements Program (CIP)
8 indicates that an additional $3,165,312 will be available for Ferrell Parkway-
9 Phase IB (2-936) in December of 1990 when the CIP is adopted;
10 WHEREAS, there is a need to provide a short term loan to Ferrell
11 Parkway-Phase IB in order to provide continuance of funding until its next
12 allocation;
13 WHEREAS, Independence Boulevard (2-987) has sufficient funding at
14 this time and will not be adversely impacted by the temporary transfer of funds.
15 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
16 VIRCINIA BEACH, VIRGINIA that $200,000 be transferred from Independence Boulevard
17 (2-987) to Ferrell Parkway (2-936) to cover anticipated expenses and that
18 $200,000 will be transferred back to Independence Boulevard from Ferrell Parkway
19 out of Ferrell Parkway's FY 1991 allocation.
20 Adopted on this day October 2 19 90
21 This ordinance shall be effective from the day of its adoption.
- 23 -
Item VII-J.5.
CONSENT AGENDA ITEM # 33534
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance appointing viewers in the petition of
Williarn T. Wingfield for closure of a portion of
Emblem Road and Shell Road (BAYSIDE BOROUGH).
The Viewers are:
David G. Grochmal Director of General Services
C. Oral Lambert, Jr. Director of Public Works
Robert J. Scott Director of Planning
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. McCianan, Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Members Voting Nay:
None
Council Members Absent:
William D. Sessoms, Jr.
WHEREAS, William T. Wingfield has given due and proper
notice, in accordance with the statutes for such cases made and
provided that they will on the 2nd day of October, 1990, apply
to the City Council of the appointment of Viewers to view the
below-described property and report in writing to the Council
whether, in the opinion of said Viewers what, if any,
inconvenience would result from the discontinuance of the
hereinafter described portion of that certain street, and has
filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City
of Virginia Beach, Virginia:
THA
and
.j)avid m. Grochmal are hereby
appointed to view the below described property and report in
writing to the Council, as soon as possible, whether in their
opinion what, if any, inconvenience would result in the
discontinuing and vacating of a portion of those certain streets
located in the City of Virginia Beach, Virginia, and more
particularly described as follows:
A portion of Emblem Road and Shell Road,
designated as "Cross Thatched area =
2 , 49 5 Sq . Ft or 0 . 057 Acre" and
beginning at a pin where the east line of
Emblem intersects the south line of
independence Boulevard as shown on that
certain plat entitled 'Resubdivision of
Lots 39, 40 & 41 Shelton Place by Street
Closure for William T. Wingfield' thence
S 08 deg 35 min 10 sec W 132.15'to a pin,
said pin being the point of beginning,
thence S 08 deg 35 min 10 sec W 60.38
feet to a point; thence along a curve to
the left having a radius of 20 feet an
arc distance of 31.80 feet to a point;
thence along a curve to the left having a
radius of 2,061.93 feet an arc distance
of 69.12 feet to a point; thence N 10 deg
01 min 32 sec E a distance of 20 feet to
a pin; thence along a curve to the left
having a radius of 2,081.93 feet an arc
distance of 30 feet to a pin; thence
along a curve to the right having a
radius 60 feet an arc distance of 94.25
feet to the point of beginning.
All the above as sbown upon tbat certain plat entitled,
'Resubdivision of Lots 39, 40 & 41 Shelton Place by Street
Closure M.B 13, PG. 40, M.B. 73, PGS- 49, 52 & 53, M.B. 133, PG.
32 D.B. 1462, PG. 643, D.B. 188, PG 327, D.B. 2855, PG. 1983 for
william T. Wingfield, Bayside Borough, Virginia Beacb, Virginia",
which plat is attached hereto and made a part hereof and intended
to be recorded with the ordinance closing the aforedescribed
street.
ADOPTED: October 2, 1990
7 he Vlryl#ld Ch
13s South Rosemont Road, Suite 209
Virginia Beach, VA 23452
aff id@ Pbil, Ntl,-
NoTiCE
PLEASE TAKE NOTICE. that
STATE OF ViRGiNIA a meeting of the CitY Council of
BEACH the city of Virginia Beach,
CITY OF VIRGINIA Virginia, to be held on the 2nd daY
to wit: of october, 1990. at 2:00 p.m., at
the City Hall of the City of
Vir@inia Beach, Princess Anne
This day cele,3te Hankerson stalion, the @ undersigned will At that time, anyone affected
petition Lhe Council for the may appear and pmnt his views.
personally appeared before me appoinunent of Viewers to view I After the report of the Viewers
and after being dlily sworn made the below-described Portion of the is received, at the next regular
certain slreets and report to the meefing of the City Council, or as
O.Ith: City Council whether in the -n thercafter as the matter may
(1) (He) (She) is Iffidavit clerk of opinion of the Viewers, what, if be placed on the agenda, the
a newspaper published by Byerly any, inconvenience would result undersigned will Pefifion the City
Publications, in the city of Virginia from the vacaling. closing and Council to vacate, close and
discontinuance on saine, the said discontinue that portion of
Beach, State of Virginia; portion of said streets being Emblem Road and Shell Road in
(2) That t[ie advertisement described as fohows: the City of Virginia Beach,
A portion of Emblem Road and Virginia, described above.
[iereto annexed of Shell Road, designated as "Cross Wilhain T. Wingrield
11 Thatched area = 25,988 Sq. Ft or By: WaIL-ice B. Smith of Co.n-
has been published, in said 0.597 Acre" and beginning at a pin sel
where the cast line of Emblem in- Wallace B. Smith, Auomey
newspaper on the following teresls the south line of Indepen. P.O. Box 6124 @ I
dence Boulevard .as shown on that Vigii Bmh, Vi,&ia 23456
dates: certain plat entitled "Resubdivision (804) 4,9,0-3901
of LoLs 39, 40 & 41 Shelton Place 37-6
by Street Closure for Willi- T. 2t9-19VBS
Wingfield" thence S 08 deg 35
min 10 sec W 132.15 to a pin,
19 90 said pin being the point of
beginning, thence S 08 deg min
10 sec W 60.38 feet to a point*,
celeste Hankerson Affiant thence along a curve to the lefl
before having a radius of 20 feet an arc
Subscribed and sworn to distance of 31.80 feet to a point;
me in my city and state aforesaid thence along a curve to the left
having a radius of 2,061-93 feet -
this 9 day of arc distance of 69.12 feet to a
SelDteirber 1 9 90 point; thence N 10 deg 01 min 32
sec E a to a pin;
m pires @nce 'the left
y comrnission ex
19 1 ha:@ing a 3 f@ an
arc distance of 30 feet to a pin;
thence along a curve to the right
Notary Public having a radius 60 feet an = dis-'
tance of 94.25 feet to the point of
beginning.
All the above, as shown upon
the certain plat entitied
"Resubdivision of LoLs 39, 40,&
41 Shelton Place by Street
Closure M.B 13, PG. 40, M.B.
73, PGS. 49. 52 & 53, M.B. 133,
PG. 32 D.B. 1462, PG. 643, D.B.
B. 2855, PG.
188, PG 327, D
1983 for Williarn T. Wingfield,
Bayside Borough, Virginia Beach,
Virizinia."
PETITION
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THOSE CERTAIN
STREETS, KNOWN AS EMBLEM ROAD AND SHELL
ROAD, AS SHOWN ON CERTAIN PLAT ENTITLED,
'RESUBDIVISION OF LOTS 39, 40 a 41
SHELTON PLACE BY STREET CLOSURE M.B 13,
PG. 40, M.B. 73, PGS. 49, 52 & 53, M.B.
133, PG. 32 D.B. 1462, PG. 643, D.B.
188, PG 327, D.B. 2855, PG. 1983 FOR
WILLIAM T. WINGFIELD, BAYSIDE BOROUGH,
VIRGINIA BEACH, VIRGINIA' WHICH PLAT IS
ATTACHED HERETO.
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioner, William T. Wingfield respectively
represent as follows:
1. That pursuant to the provisions of Section 15.1-364
of the Code of Virginia 1950, as amended, the Petitioner applies
for the vacating, closing and discontinuance of a portion of those
certain streets, which are more specifically described as follows:
A portion of Emblem Road and Shell Road,
designated as "Cross Thatched area = 2,495 Sq. Ft
or 0.057 Acre' and beginning at a pin where the
east line of Emblem intersects the south line of
Independence Boulevard as shown on that certain
plat entitled 'Resubdivision of Lots 39, 40 & 41
Shelton Place by Street Closure for William T.
Wingfield' thence S 08 deg 35 min 10 sec W 132.15'
to a pin, said pin being the point of beginning,
thence S 08 deg 35 min 10 sec W 60.38 feet to a
point; thence along a curve to the left having a
radius of 20 feet an arc distance of 31.80 feet to
a point; thence along a curve to the left having a
radius of 2,061.93 feet an arc distance of 69.12
feet to a point; thence N 10 deg 01 min 32 sec E a
distance of 20 feet to a pin; thence along a curve
to the left having a radius of 2,081.93 feet an
arc distance of 30 feet to a pin; thence along a
curve to the right having a radius 60 feet an arc
distance of 94.25 feet to the point of beginning.
Said parcel of land being a portion of Emblem Road and
Shell Road, as indicated on that certain plat entitled I
Resubdivision of Lots 39, 40 a 41 Shelton Place by Street Closure
M.B 13, PG. 40, M.B. 73, PGS. 49, 52 & 53, M.B. 133, PG. 32 D.B.
1462, PG. 643, D.B. 188, PG 327, D.B. 2855, PG. 1983 for William
T. Wingfield, Bayside Borough, Virginia Beach, Virginia", which
is attached hereto and made a part hereof and intended to be
recorded with the Ordinance closing a portion the aforedescribed
streets.
2 . That no inconvenience will result to any persons by
reason of said closing, vacation and discontinuance of said
street.
3. That on the 12th day of September, 1990 and on the
19th day of September, 1990, notice of the presenting of this
application was publisbed in the Beacon, a newspaper of general
circulation in the City of Virginia Beach, Virginia.
4. That the fee simple owner of all land along and
adjacent to and affected by said portion of the platted streets
is your Petitioner herein.
Respectfully submitted,
William T. wing
13@
Of Counse
Wallace B. Smith
Attorney at Law
P.O. Box 6124
Virginia Beach, Virginia 23456
(804) 490-3901
PLEASE TAKE NOTICE, that at a meeting of the City Council
of the City of Virginia Beach, Virginia, to be held on the 2nd day
of October , 1990, at 2:00p.m.r at the City Hall of the CitY Of
Virginia Beach, Princess Anne Station, the undersigned will
petition the Council for the appointment of Viewers to view the
below-described portion of the certain streets and report to the
City Council whether in the opinion of the viewers, what, if any,
inconvenience would result from the vacating, closing and
discontinuance on same, the said portion of said streets being
described as follows:
A portion of Emblem Road and Shell Road,
designated as "Cross Thatched area =
25,988 Sq. Ft or 0.597 Acre' and
beginning at a pin where the east line of
Emblem intersects the south line of
independence Boulevard as shown on tbat
certain plat entitled "Resubdivision of
Lots 39, 40 & 41 Sbelton Place by Street
Closure for William T. Wingfield" thence
S 08 deg 35 min 10 sec w 132.15'to a pin,
said pin being the point of beginning,
thence S 08 deg 35 min 10 sec W 60.38
feet to a point; thence along a curve to
tbe left having a radius of 20 feet an
arc distance of 31.80 feet to a point;
tbence along a curve to the left having a
radius of 2,061.93 feet an arc distance
of 69.12 feet to a point; thence N 10 deg
01 min 32 sec E a distance of 20 feet to
a pin; thence along a curve to the left
having a radius of 2,081.93 feet an arc
distance of 30 feet to a pin; thence
along a curve to the right having a
radius 60 feet an arc distance of 94.25
feet to the point of beginning.
All tbe above, as shown upon that certain plat entitled
"Resubdivision of LotS 39, 40 & 41 Shelton Place by Street
Closure M.B 13, PG. 40, M.B. 73, PGS. 49, 52 & 53, M.B. 133, PG.
32 D.B. 1462, PG. 643, D.B. 188, PG 327, D.B. 2855, PG. 1983 for
William T. Wingfield, Bayside Borough, Virginia Beach, Virginia".
At that time, anyone affected may appear and present hiB
views.
After the report of the Viewers is received, at the next
regular meeting of the City Council, or as soon thereafter as the
matter may be placed on the agenda, the undersigned will Petition
the City Council to vacate, close and discontinue that portion of
Emblem Road and shell Road in the City of Virginia Beach,
virginia, described above.
William T. wingfi
By:
Of Cou
Wallace B. Smith, Attorney
P.O. Box 6124
Virginia Beach, Virginia 23456
(804) 490-3901
STATE OF VIRGINIA .0-wit:
CITY OF VIRGINIA BEACRY r for William T. Wingfield,
1, wall,,e 13. Smith, attorney
V@eing first duly BWOrn, depOB@ s and statebt ,nt William T.
1. i,m an attorney at law and repre
wingfield. 12th day of Septe"ber, 1990, and on the
2. That on the senting of the
igth day of September, 1990, notice of the pre
ortion of that certain Btreet known aB a
application to close a p f of William T.
portion of Emblem Road and Shell Road On behal aper of general
wingfieldr waB published in the Beacont a newsp
circulation in the CitY of Virginia Beach, virginia,
And further the deponetb Baitb not.
h
subscribed and BWorn to before me tbisl@day of August,
1990.
Notary Public
MY commission expires*
FINAL STREET CLOSURE ORDINANCE
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THOSE CERTAIN
STREETS, KNOWN AS EMBLEM ROAD AND SHELL
ROAD, AS SHOWN ON CERTAIN PLAT ENTITLED,
'RESUBDIVISION OF LOTS 39, 40 & 41
SHELTON PLACE BY STREET CLOSURE M.B 13,
PG. 40, M.B. 73, PGS. 49, 52 & 53, M.B.
133, PG. 32 D.B. 1462, PG. 643, D.B.
188, PG 327, D.B. 2855, PG. 1983 FOR
WILLIAM T. WINGFIELD, BAYSIDE BOROUGH,
VIRGINIA BEACH, VIRGINIA'.
WHEREAS, it appearing by affidavit that proper notice
has been given by William T. Wingfield, that he would make
application to the Council of the City of Virginia Beach,
Virginia, on , 1990, to have the hereinafter
described portion of certain streets discontinued, closed and
vacated; and
WHEREAS, it is the judgment of the Council that said
portion of those certain streets be discontinued, closed and
vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described streets be
discontinued, closed and vacated:
A portion of Emblem Road and Shell Road,
designated as "Cross Thatched area =
2 , 4 95 Sq . Ft or 0 . 057 Acre" and
beginning at a pin where the east line of
Emblem intersects the south line of
Independence Boulevard as shown on tbat
certain plat entitled "Resubdivision of
Lots 39, 40 & 41 Shelton Place by Street
Closure for William T. Wingfield" thence
S 08 deg 35 min 10 sec w 132.15'to a pin,
said pin being the point of beginning,
thence S 08 deg 35 min 10 sec W 60.38
feet to a point; thence along a curve to
the left having a radius of 20 feet an
arc distance of 31.80 feet to a point;
thence along a curve to the left having a
radius of 2,061.93 feet an arc distance
of 69.12 feet to a point; thence N 10 deg
01 min 32 seC E a distance of 20 feet to
a pin; thence along a curve to the left
having a radius of 2,081.93 feet an arc
distance of 30 feet to a pin; thence
GPIN: 1479-14-6110
along a curve to the right having a
radius 60 feet an arc distance of 94.25
feet to the point of beginning.
Said parcel of land being a portion of Emblem Road and
Shell Road.
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, indexed in the name of the City of Virginia Beach, as
grantor and William T. Wingfield as Grantee.
Adopted:
G-PIN 1479 14 6110
2
A portion of Emblem Road and Sbell Road,
designated as "CROSS Thatched area =
2 , 495 Sq . Ft or 0 . 057 Acre' and
beginning at a pin where the east line of
Emblem intersects the south line of
Independence Boulevard as shown on that
certain plat entitled "Resubdivision of
Lots 39, 40 & 41 Shelton Place by Street
Closure for William T. Wingfield" thence
S 08 deg 35 min 10 sec W 132.15' to a pin,
said pin being the point of beginning,
thence S 08 deg 35 min 10 sec W 60.38
feet to a point; thence along a curve to
the left having a radius of 20 feet an
arc distance of 31.80 feet to a point;
thence along a curve to the left having a
radius of 2,061.93 feet an arc distance
of 69.12 feet to a point; thence N 10 deg
01 min 32 sec E a distance of 20 feet to
a pin; thence along a curve to the left
having a radius of 2,081.93 feet an arc
distance of 30 feet to a pin; thence
along a curve to the right having a
radius 60 feet an arc distance of 94.25
feet to the point of bealinning.
WALLACE B. SMITH
ATTORNEY AT LAW
P.O. BOX 6124
VIRGINIA BEACII, VA 23456
(.4)49..3901
CERTIFICATE OF VESTING OF TITLE
I, Wallace B. Smith, attorney for William T. wingfield, do
certify that:
1. i am an attorney at law and represent William T.
Wingfield, the petitioner.
2. If the property described below is discontinued,
closed and vacated by tbe Council of the City of Virginia Beach,
Virginia, then title to said property will vest in William T.
Wingfield, the adjacent property owner.
That said property referred to herein is hereby described
as follows:
A portion of Emblem Road and Shell Road,
designated as "Cross Thatched area =
2, 495 Sq. Pt or 0.057 Acre' and
beginning at a pin where the east line of
Emblem intersects the south line of
Independence Boulevard as shown on that
certain plat entitled "Resubdivision of
Lots 39, 40 & 41 Shelton Place by Street
Closure for William T. Wingfield" thence
S 08 deg 35 min 10 sec W 132.15'to a pin,
said pin being tbe point of beginning,
thence S 08 deg 35 min 10 sec W 60.38
feet to a point; thence along a curve to
the left having a radius of 20 feet an
arc distance of 31.80 feet to a point;
thence along a curve to the left having a
radius of 2,061.93 feet an arc distance
of 69.12 feet to a point; thence N 10 deg
01 min 32 sec E a distance of 20 feet to
a pin; thence along a curve to the left
having a radius of 2,081.93 feet an arc
distance of 30 feet to a pin; thence
along a curve to the right having a
radius 60 feet an arc distance of 94.25
feet to the point of beginning.
Very truly yours,
Wallace B. Smi@
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WILLIAM T. WINGFIELD
Closure Ernblem Rd. & Shell Rd.
Bayside Borough
- 24 -
Item VII-J.6.
CONSENT AGENDA ITEM # 33535
Upon motion by Counci Iman Heischober, seconded by Vice Mayor Fentress, City
Council APPROVED:
Application of Atlantic Ambulance Associates for
an ambulance permit pursuant to Section 10.5-2 of
the Code of the City of Virginia Beach, Virginia.
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 Mernbers Absent:
William D. Sessoms, Jr.
- 25 -
Item VII-J.7.
CONSENT AGENDA ITEM # 33536
ADD-ON
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance authorizing tax refunds In the amount of
$7,442.93 and upon application of certaln persons
and upon certification of the City Treasurer for
payment.
Voting: 10-0
Council Members Voting Aye:
John A. BaLxn, 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 and Nancy K.
Parker
Council Members Voting Nay:
None
Council Members Absent:
William D. Sessoms, Jr.
10@. .0. 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 Exotiera- D ate Penalty flit. Total
Year of Tax Nutiiber tioli No. Paid
St Albans Associates II 88 RE(1/2) 102829-8 5/17/88 245.26
St Albans ASSOCiates II 88 RE(2/2) 102829-8 5/17/88 211.14
St Albans Associates II 89 RE(1/2) 105933-3 12/2/88 281.48
St Albans Associates II 89 RE(2/2) 105933-3 6/5/89 281.48
Clinton Cornick Sr 88 RE(1/2) 22397-0 11/13/87 87.70
Clinton Cornick Sr 88 RE(2/2) 22397-0 5/26/88 87.70
Clinton Cornick Sr 89 RE(1/2) 23343-2 11/16/88 123.53
Clinton Cornick Sr 89 RE(2/2) 23343-2 5/18/89 123.53
Norman P Weiss et als 89 RE(1/2) 118099-6 12/5/88 162.37
Norman P Weiss et als 89 RE(2/2) 118099-6 6/5/89 243.55
Norman 9 Weiss et als 89 RE(1/2) 118098-7 12/5/88 90.88
Norman P Weiss et als 89 RE(2/2) 118098-7 6/5/89 136.32
Norman Weiss & S Sandler 89 RE(1/2) 118097-8 12/5/88 162.37
Norman Weiss & S Sandler 89 RE(2/2) 118097-8 6/5/89 243.55
Charles W Cashman Jr 88 RE(1/2) 17936-8 11/23/87 59.86
Charles W Cashman Jr 88 RE(2/2) 17936-8 5/27/88 59.86
Charles W Cashman Jr 89 RE(1/2) 18515-4 11/25/88 62.45
Charles W Cashinan Jr 89 RE(2/2) 18515-4 5/24/89 62.45
Charles W Cashman Jr 90 RE(1/2) 18677-5 11/28/89 66.68
Charles W Cashman Jr 90 RE(2/2) 18677-5 5/31/90 66.68
Elizabeth S Ternes Exec 90 RE(2/2) 112224-4 6/5/90 13.36
Olive W Malbon 90 RE(1/2) 68846-6 12/5/89 155.13
Shorefront Properties Inc 90 RE(1/2) 103370-5 11/17/89 73.28
Johnson Mortgage CO 90 RE(2/2) 113426-8 5/17/90 41.40
Harvey Lindsay Commerical RE 90 RE(2/2) 124400-5 5/6/90 3,781.76
Columbus Center Associates 90 RE(2/2) 22498-4 6/5/90 238.72
Columbus Center Associates 90 RE(2/2) 22496-6 6/5/90 194.04
Columbus Center Associates 90 RE(2/2) 22497-5 6/5/90 86.40
Total 7,442.93
Tliis ordinance sliall be effective from date of adoption.
Tlie above abatement(s) totaling C@ d as to paymen.1;
--$7,442-93 - were approved by
the Couiicil of tlie City of V a
Bencli on the- day of '@'gt".b@r, 199-
2
- -- Jo T.All' ., 1.@urer
-- Ap!@oved as to form:
Ruili Hodges Smith
City Clerk
- 26 -
Item VII-J.8.
CONSENT AGENDA ITEM # 33537
ADD@
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPITED:
Ordinance to Transfer $48,436 frorn the Public Beach
Improvement Project (2-052) to the Lynnhaven inlet
Maintenance Dredglng Project (2-014) to provide the
funds required by the Corps of Engineers.
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. McCianan, Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Mernbers Voting Nay:
None
Council Members Absent:
William D. Sessoms, Jr.
I AN ORDINANCE TO TRANSFER $48,436 FROM THE PUBLIC BEACH IMPROVEMENT
2 PROGRAM PROJECT (2-052) TO THE LYNNHAVEN INLET MAINTENANCE DREDGING
3 PROJECT (2-014) TO PROVIDE THE FUNDS REQUIRED BY CORPS OF ENGINEERS
4 WHEREAS, the Corps of Engineers estimates the cost of providing
5 maintenance dredging for the Lynnhaven Inlet to be $156,050;
6 WHEREAS, this will require an additional $48,436 in the Lynnhaven
7 Inlet Maintenance Dredging project (2-014);
8 WHEREAS, the amount needed is available for transfer frcn Public
9 Beach Improvement Program (2-052) with the understanding that the funds would
10 be replaced.
11 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA that $48,436 be transferred frcm Public Beach
13 Improvement Program (2-052) to Lynnhaven Inlet Maintenance Dredging (2-014) to
14 provide the additional funding required by the Corps of Engineers.
15 This ordinance shall be effective from the day of its adoption.
90
16 Adopted on this day October 2 19
- 27 -
Item VII-J.9.
CONSENT AGENDA ITEM # 33538
ADD@
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Resolution AMENDING the June 18, 1990, Resolution
authorizing the City Manager to negotiate an
agreernent with the Corps of Engineers for placement
of dredged material on the Ocean Park Beach.
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.
RESOLUTION AMENDING THE JUNE 18, 1990
1 RESOLUTION AUTHORIZING THE CITY NANAGER
2 TO NEGOTIATE AN AGREEMENT WITH
3 THE CORPS OF ENGINEERS FOR PLAC OF
4 DREDGED MATERIAL ON THE OCEAN PARK BEACH
5
6
7 WHEREAS, the United States Army corps of Engineers (the
8 "Corps") has scheduled a maintenance dredging of the Lynnhaven
9 Inlet Channel and turning basin (the "Project") in the Fall of
10 1990; and
11 WHEREAS, at the request of the City Council, the Corps
12 previously placed sand on the beach at Ocean Park in 1987 in
13 connection with the maintenance dredging of Lynnhaven Inlet; and
14 WHERF.AS, it has been represented that the Corps has
15 expressed a willingness to place sand on the Ocean Park Beach in
16 connection with the pending project, provided the City of Virginia
17 Beach reimburses the Corps for any additional expense; and
is WHEREAS, the City Council believes it is in the interest
19 of the City to request the Corps to place sand on Ocean Park Beach;
20 and
21 present plans are to place the dredged material
22 from the Project on a City disposal site at Lynnhaven Inlet for use
23 by the City in nourishing the resort beach; and
24 WHEREAS, it will be necessary to overdredge the Project
25 to provide sufficient material to nourish Ocean Park Beach and
26 continue to provide a source of sand for the resort beach; and
27 WHEREAS, any cost for the overdredging must be paid one
28 hundred percent (100%) by the City; and
29 WHEREAS, the Ocean Park Civic League has requested the
30 City to fund the Project extension at a cost not to exceed One
31 Hundred Thousand Dollars ($100,000.00) and Council passed a
32 resolution on June 18, 1990 authorizing and directing the City
33 Manager to negotiate an agreement with the Corps for the Ocean Park
34 Beach nourishment at a cost not to exceed One Hundred Thousand
35 Dollars ($100,000.00); and
3 6 , on september 27, 1990, the City Manager was
37 advised by the Corps that the estimated cost of the Ocean Park
38 Beach nourishment project is One Hundred Four Thousand, six Hundred
39 Forty-Five Dollars ($104,645-00).
40 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
41 OF VIRGINIA BEACH, VIRGINIA:
42 That the City Manager is authorized and directed to
43 negotiate an agreement with the Corps of Engineers to overdredge
44 the proposed maintenance dredging of the Lynnhaven Inlet Channel
45 and turning basin and to take whatever other action is necessary
46 or desirable to provide additional sand for placement on the beach
47 at Ocean Park; and the City Manager is further directed to identify
48 available funding sources to provide reimbursement to the Corps for
49 the Ocean Park Beach nourishment at a cost not to exceed One
50 Hundred Four Thousand, six Hundred Forty-Five Dollars
51 ($104,645.00).
52 Adopted by the Council of the City of Virginia Beach,
53 virginia, on the 2 day of October 1990.
54
55
56
57
58
59 CA-3943
60 OceanPk.res
61 R-3
62
APPI
si
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
CITY ATTOq4EY
2
- 28 -
Item VII-L.l.
NEW BUSINESS TTEM # 33539
Council Lady McClanan sponsored Geroge Minns, President of the NAACP, Virginia
Beach Chapter concerning a HUMAN RIGHTS COMMISSION. This item was
inadvertently omitted from the printed Agenda.
Mr. Minns requested on behalf of the NAACP the establishment of a ffUMAN RIGHTS
COMMISSION.
Mr. Minns believed the HUMAN RIGHTS COMMISSION could be operated for one year
on the cost of one "Wrongful Termination Case". Mr. Minns expressed
appreciation to Dr. E. E. Brickell and the distinguished members of the LABOR
DAY REVIEW COMMISSION for their fine work and the original recommendation of a
HUMAN RIGHTS or HUMAN RELATIONS COMMISSION. Virginia Code Section 15.1-37.38
cites the Human Rights Ordinance and Commissions. The State of Virginia makes
these same rights applicable to this municipal government of Virginia Beach,
pursuant to Chapter 43 of the Code of Virginia, under the Virginia Human Rights
Act. Additonally, the same is made applicable to the City of Virginia Beach
under Title VII of the 1964 Civil Rights Act.
The request is as follows:
Approve the establishment of a HUMAN RIGHTS
C " ISSION in principle.
Approve a development period of six (6) to eight
(8) months.
Approve official city request for Technical
Assistance from the Virginia State Council on Human
Rights during all of the above mentioned
development period.
Approve the creation of an Ad Hoc Committee to
handle only the Public Hearing, receiving public
input and participation in the overall selection of
persons to ultimately be appointed by the City
Council. Selection of acutal members to the
Commission must be reflective of the total citywide
community, regarding race, sex, religious belief,
disability, et cetera.
Approve for the Ad Hoc Committee to have no less
than fifteen (15) members, as a consideration, five
submitted by the NAACP, five submitted by Reverend
Ross and Father Dale's Fellowship Committee, and
finally, five submitted by City Council or City
Manager's Staff. This would be a total of fifteen
(15).
Mr. Minns submitted the following five suggested members for the Ad Hoc
Committee: Reverend Y. D. Thoroughgood, Attorney Bernard T. Holmes, Attorney
Brian Williams, Pastor Leon D. Hall, Sr. and Mary Redd.
Reverend Jerome Ross, Pastor of Mount Olive Baptist Church, represented the
Minister's Fellowship Committee, and supported the request of the NAACP.
Reverend Thomas Murphy, Pastor of Virginia Beach United Methodist Church,
represented the Minister's Fellowship Committee for Better Human Relations. For
some months now a group of concerned citizens across the City has met to
address the need for better human relations. The Fellowship Committee believed
the establishment of a Human Rights Comission has merit. If the decision is
made to accept this proposal, the Fellowship Comittee offered their services.
- 29 -
Item VII-L.l.
NEW BUSINESS ITEM # 33539 (Continued)
A Motion was made by Councilman Heischober, seconded by Councilwoman McClanan
to SCHEDULE an Ordinance to establish a HUMAN RIGHTS COMMISSOIN accompanied by
a BRIEFING relative the powers and duties of the Commission.
Upon AMENDED MOTION by Councilman Heischober, seconded by Councilwoman
McClanan, City Council SCHEDULED a BRIEFING relative the powers and duties of a
HUMAN RIGHTS COMMISSION for October 23, 1990. An estimate of cost will be
reflected. An ordinance for the formation of a HUMAN RIGHTS COMMISSION shall be
SCHEDULED for the City Council Session of November 6, 1990. Mr. Minns will
submit a letter comparing the State and Local Council for Human Rights.
Information will be provided from other localities within the State having
HUMAN RIGHTS COMMISSIONS.
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.
- 30 -
Item VII-L.2.
NEW BUSINESS ITEM # 33540
ADD-ON
The Mayor referenced a letter froin James R. Berg do II, Vice President - Col leg e
Relations and Planning of Virginia Wesleyan College. October 14-20 has been
designated as National Higher Education Week. Mr. Bergdoll requested to be
SCHEDULED on the City Council Agenda of October 16, 1990, to bring
representatives of the higher education ccmmunity In Virginia Beach for a brief
statement concerning relationships to the City. Old Dominion, Norfolk State,
Tidewater Community College, Virginia Wesleyan, Regent University and
Commonwealth College have an Important Impact on the City of Virginia Beach.
- 31 -
Item VII-M.l.
ADJOLIRNMENT ITEM 33541
Upon motion by Councilman Clyburn, and BY CONSENSUS, City Council ADJOURNED the
Meeting at 4:50 P.M.
(-O I @ ZL@
Beverl)r-0. Hooks
Chief Deputy City Clerk
uth
City Clerk
City of Virginia Beach
Virginia