JUNE 7, 1994 MINUTES
"WORLD'S LARGEST RESORT CITY"
('I-[Y (:OLIN(IL
CITY COUNCIL AGENDA
JUNE 7. 1994
1. FORMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO ORDER Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend James E. Davis
Police Chaplain
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS - May 24, 1994
G. COUNCIL COMMITTEE REPORT
1 VIRGINIA BEACH CRIME TASK FORCE
Charles Gardner, Chairman
H. RESOLUTION
1 Resolution approving issuance of Revenue BOnds by the Development Authority fc)r the
YMCA of South Hampton Roads, in an amount not to exceed $1,200,000 to assist in the
acquisition and renovation of a building to be used for a recreational facility fbr adults,
youth and families at 5660 Indian River Road, pursuant to Section 15.1-1378.1 of the
Code of Virginia of 1950, as amended.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the ordinary course of business
by City Council and will be enacted by one motion in the form listed. If an item is removed from
the Consent Agenda, it will be discussed and voted upon separately.
1 Resolution authorizing the Director of Finance make payment on lost Minibonds, General
Obligation Public Improvement Bonds, Series of 1991B, 1994 Maturity:
a. R-0084, $5,000.00
Irene 1. and Thomas G. Wood, 5392 Challedon Drive, Virginia Beach, Virginia
b. R-0087 $5,000.00
Donald L. and Carolyn H. Barneft, 936 Chalbourne Drive, Chesapeake, Virginia
2. Ordinance to AMEND and REORDAIN Chapter 10, Sections 10-1 and 10-2 of the Code
of the City of Virginia Beach, Virginia, establishing two (2) now election districts: 'Baker'
(voting plaoe: Heritage United Methodist Church) and "Landstown' (voting place:
Landstown Community Church); and, changing the voting place for the 'Sigma' Election
District from the Sandbridge Fire Station to Tabernacle United Methodist Church.
3. Ordinance to TRANSFER $122,440 within various School Capital Improvement projects
to meet funding needs for completion of projects at Tallwood and First Colonial High
Schools.
4. Application for Annual Permit Renewal for private, municipal and non-profit organizations
operating emergency medical services agencies or vehicles within the City, pursuant
to Section 10.5-2 of the City Code:
(1) Advanced Wheelchair Transport, Inc.
(2) Chesapeake EMS
(3) Children's Hospital of the King's Daughters
(4) Eastern Medical Transport
(5) Medical Transport, Inc.
(6) Mercy/Tidewater Ambulance Service
(7) Nightingale Air Ambulance
(8) Norfolk Fire and Paramedical Services
(9) Ocean Rentals LTD
(1 0) United Ambulance Service, Inc.
(1 1) Virginia Beach Lifesaving Service
5. Ordinance to authorize tax refunds in the amount of $2,086.46.
J. UNRNISHED BUSINESS
K. NEW BUSINESS
1 COUNCIL-SPONSORED ITEM:
a. Ordinance to repeal the zoning of property in the name of
MARGARET A. DRUMMOND (AG-2 to B-2, approved September 21,1987); and
(AG-2 to 1-1, approved April 23, 1990) on the South side of Shipps Corner Road,
1300 feet more or less East of Holland Road, containing 21.7 acres
(PRINCESS ANNE BOROUGH). (Sponsored by: Councilman John A. Baum)
b. Resolution stating the City's endorsement of the concept adopted by ft 1994
General Assembly for the funding of a cost-shared Federal Beach Nourishment
or Hurricane Protection Project for the Sandbridge area; and, declaring the
City's intent to become the local sponsor.
(Sponsored by: Councilman Paul J. Lanteigne)
C. VDOT/Mllitary Highway Widening Project
Elizabeth River Shores Civic League
(Sponsored by: Councilman John D. Moss)
2. ADJOURNMENT
6/2-/94/cmd
AGENDA\6-7-94.ITM
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Bea(:h Virginia
June 7, 1994
Vice Mayor William D. Sessonu, Jr., called to order the FORMAL SESSION of the 1,7RGINL4 BF,4CH
CITY COUNCIL in the Cou.cil Chamber, City Hall Building. on Tuesday, June 7, 1994, at 2:35 P.M.
Council Members Present.-
John A. Baum, Linwood 0 Brancl4 III, James W. Brazier, Jr., Robert W.
Clybur?4 Robert K Dean, Louis R Jones, Paul J Lanteigne, John D.
Moss, Nancy K Parker and Vice Mayor William D. ,;essoms, Jr.
Council Members Absent:
Mayor Meyera E Oberndorf [A7TENDING62NDANNUAL U.S. CONFERENCE
OF MAYORS MEFTING IN PORTL4ND
ORP,GONI
INVOCATION., Reverend James F.. Davis
Police Chaplain
Vice Mayor Sessoftu, being a Corporate Officer of Central Fidelity Bank, disclosed there were no mauers
on the agenda in which he has a '*rsonal interest" as defined in the Act, either individually or in his
capacity as an officer of Central Fidelity Bank. 7he Vice Mayor regularly files @ Disclosure with the
City Clerk as he may or may not know of the Bank's interest in any application that may come before City
Council. Vice Mayor Sessoms' letter of June 7, 1994, @ hereby made a part of the record.
VICE MAYOR SESSOMS AND (-ITY COUNCIL MEMBERS JOIIN A. R4 UM, ROBERT W CLYBURN
AND LOUIS R JONE@ THE CII-Y @AGER, THE CITYA7TORAFEY, AND THE CITY CLERK HERE
AITENDING THE TYRGINLL RACING COMMISSIONS PUBLIC HEARING ON THE CHURCHILI
DOWNS RACE TRACK IN RICIIMO)VD. THEYARRIVED A7'2:25 P.M.
PRIOR TO THE CALL TO ORDER A FILM PRODUCED BY DUKE UNIVERSITY WAS SHOWN
ENTITLED, 'THE BEACHES ARE MOP7NG' ' AT 2:00 PM BY COUNCII, MEMBER DEAN WITH
COUNCIL MEMBERS MOSS AND PARKFR IN A7TENI)AN(
@"Ll.M D SESSOIS@ JR
VICE MAIOR
-0@ G.EL@IREI A@l@
'IRGI@IA BEACH,
,,,N)
June 7, 1994
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: COnflict of Interests A,t
Dear Mrs. Smith:
In accordance with lily letter to you dated AuRust 10, 1993, 1 have thor,ughly
reviewed the agenda for the June 7, 1994, meeting oi City Council for the pulp
identif*g any matters in which I niig tu ose of
Virginia Conflict of in I ht have an ac a] or Potential conflict under the
terests Act. Based on that review, please be advised that, to the b,,t
of my kn(,wledge, there are no matters on t e agenda in
as defined in th b which I have a "personal interest,"
A e Act, either individually - in -Y capacity as an of cer of Central Fidelity
Bank. ccordingly, I re fi
Of the Council. spectfully request that you record this letter in the official records
Tharik you for your assistance and COOPelati,n in this rnatter.
Very truly yours,
A@
William D. Sessoms, Jr.
Vice-Mayor
WDS,lr./dmc
- 2 -
CERTIF@TION OF
EXECUTIVE SESSION ITEM # 38040
Certification was not necessary as no EXECUTIVE SESSION was held.
June 7, 1994
3
Item I-Fl.
MINUTES ITEM # 38041
Upon nwtion by Councibnan Branci4 seconded by Council Lady Parker, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of May 24, 1994.
Voting: 10-0
Council Meinbers Voting Aye:
John A. Baum, Linwood 0 Brancl4 III, James W Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R Jones, Paul J. Ianteigne, John D.
Moss, Nancy K Parker and Vice Mayor Williain D. 5essoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Mayor Meyera E Oberndorf
June 7, 1994
COUNCIL COMM17TEE REPORT
l,7RGINL4 BEACH ITEM # 38042 (Contin,,d)
CRIME T,4SK FORCE
7he "Use of Force" model has been adopted by 4he EB.L, 1).E.A., Border Patrol, and other cities.
Legally, it will pr-ide more credibility because of its broader acceptance than a parochial system that
is easier to challenge. 77iis should make it considerably More difficult to nwke a case of brutality or abuse
of force.
7he c-t ofjail construc4ion and operation iy extremely high. Not all persons who commit a crime and
are sentenced to serve time need to be placed in a traditional jad with all of the security required in such
a facility. Less secure facilities would well serve the same purp()se at considerably less cost.
77ie Police Department has an excellent training andpromotion system in place. It could be iinproved by
iinplementing a career development program that allows promotion within a given specialty. Each officer
has hislher own unique abilities and interests. Some would be better suited to function on the street, as
a detective, investigator, or instructor, etc. A systetn should allow police officers to advance in a
specially.
Probation and Parok is another agency which is grossly overloaded Its caseload is almost double the
state standards 77te probatwn officers are handicapped by a lack of communication equipment 77iey
have never felt the need for such equipment in the past; however, their work has become alarmingly more
hazardous because they are dealing with those with a more violent nature than ever before.
Offenders should be given the message that breaking the law is a scrioav matter that will not be tolerated
and has signiftcant consequences. 7hey need to experience the cell door closing on them be compelled
to perform community service in public, or pay restitution.
Several of the judges have suggested that we explore a half-way house where the Court could sentence
(place) some short term and non-violent offenders. At these facilities, in&viduals could work, and be
required to pay restitution and the cost of incarceration. 77ley could also be required to attend drug
andlor alcohol treatment or other types of necessary counseling. Ihere are such facilities available in
Norfolk Newport News and Charlottesville, Virginia. 7hey are privately owned and operated by
Rehabilitation Services, Inc.
Every officer should be trained to accurately provide the magistrate with all of the necessary facts in
compliance with the legal requirements. 77,ere can be incorrect and undesirable decisions made by a
magistrate, if the officer lacks the required information.
Under the present procedure, a warrant issued may not get into the system for a matter of a few hours
to as much as twenty four hours. In the interim, there is an obvious anger to society as no action can be
taken to enforce the warrant. The missing link is software /() tie the magistrate directly to law
enforcement.
77te City Manager has requested the Police Chief and the Public Safety Mission Team to provide City
Council with a Status Report on the aforementioned recommeridations, as well as those encompassed in
the Ciime Task Force's Report of September 1993.
Councibnan Lanteigne provided a copy of the Virginia State Crime Commission Annual Repoil to the
City Clerk and requested that she provide same ic) all members of the Virginia Beach Crime Task Force.
June 7, 1994
6
RESOLUTION
ITEM # 38043
U n Motion by COuncil dy Parke
Po La r, seconded by Councilm- Clyburr4 CitY Council ADOPTED..
Resolution aPPrav'ng issuance
.4uthority Of Re-ue Bond, bY the D@,,Iopnn,
-eed $1 th HamPton Rads, -n an amount not to
building to Ihe acquisilion and reoa'iO, of a
families at facility for adults, youth and
the Code 9. 10 @VectiOn 15.1-1378.1 of
alnended.
Voling.- 10-0
Un Af inbe i
Co cil e rs VO ng Aye.-
John A. Baun, Lz'nwood 0 Brancli, III, jaln
Clyb-1; RObert K Dea,, es W Brazzer, Jr, Rober, W
Louis R ione,,
MOSS, Nancy K Parker and Paul J. L-teigne, John D.
P,ce Mayor Wlilialn D, @essonu, jr.
Council Atenber, Voing Nay:
None
Council Members Absent..
Mayor Meyera E. Obe,,,dorf
June
RESOI,UTION APPROVING ISS@JANCE OF
REVENUE BONDS FOR
YM('A 01@ SOU'Fli IFAMI'I'ON ROAI)S
WHER-EAS, the (,@ity of Virginia Beach Dovelopment Authority (the Autholity)
has held a public heafing on May 17, 1994, with respect to the application of the YMCA
of South flampton Roads (the Company) for tlie issuance of ttie Authority's revenue
bonds in an amount not to exceed $1,200,000 (the Bonds) to assist the Company in the
acquisition and renovation of an approximately 24,000 square foot building to be used for
a recreational facility I-or adults, ),outh an(i families located at 5660 Indian River Road
in Virginia Beach, VirL,,inia (such facility being hereinaller rel@erred to as the Facility); and
WHEREAS, the Intemal Revenue Code ot 1986, as amended, provides that the
highest elected govemmental officials of the goveminentat units having jurisdiction over
the issuer of pr-ivate activity bonds and over the area in which aiiy facility finance(i with
the proceeds of private activitv boiids is located sti@iii approve the issuance of such bonds;
WHEREAS, the Authority issues its bonds on behalf of the City of Virginia
Beach, Virginia (the City)7 the Facilitv is located iii tile Citv and the members of the City
Council of the City (tlie (@ouncil) @onstitute the higliest cleetcd go@,ei-nmental officials of
the City;
WHEREAS, Scction 15.1-1378.1 of thc C-k,de of@ Virgiiii@l oi@ 1950, as ainended,
provides that the Council shall within 60 calend@ti- d,,ivs from the public hearing with
respect to industrial d@eloprnent revenue bonds citlicr 'IPPION,E of dis@ipprove the issuance
of such bonds;
WHEREAS, the Authority has favorably coiisidered the Company's application
and a copy of the ALithoritv's resolution approving the issuance of the Bonds, subject to
terms to be agreed upon, a reasonably detailed suinmary of the comments expressed at
the public hearing with respect to the Borids and a statement in the form prescribed by
Section 15.1-1378.2 of@ the Code of Virginia of 1950, as amended, have been filed with
the Council, together with the Authority's recomniendatioii that the Council approve the
issuance of the Bonds,
BE i,rRESOLVEt) BY TIFE CITY COUNCIL OF'I'Iii-,, CITY OF VIR(IINIA
BEACH, VIRGINIA
1. The recitals made in the first preamble io this Resolution are hereby a(lopted
as a part of this ResolLItiOll
2. Tlle City Council approves tlle issuallce ot@ tlic Bonds by tlie Autliority t() assist
in the fliiancing of all or any portion of tlie Facility IZ)r tlie beiietit of tile Coinpany, to
the extent required by the fnternai Revenue Code of 1986, as aincnded (tlie (@ode), @ind
Section 15.1-1378.1 of@ ttic Code of Virgiiiia of 111)50, as alliell(led (tlie Virgiiiia ('ode).
3. The approval of the issuance of tlie 13onds, as required by tfie Code and
Section 15.1-1378.1 of tlie Virginia Code, does iiot coiistitute all endorsement to a
prospective purchaser of the Bonds of tlie creditworthiness of tlie Company, but, as
Fequired by Chapter 643 of tlie Ac:ts of Asseinbly of 1964, as aiiiended, tile Bonds sliall
provide that neither thc City nor the Authotity sfiall be obligated to pay tlie Bonds or tlie
interest thereon or other costs iiic;ident ttioreto except froiii ttic ien,enues and inoneys
pledged therefor aild ileither the faitli or cre(lit ilor tile laxing power of tlie
Commonwealth of Viiginia, the City nor tiie Atidi,)rit@T @,h;ili be I)I@dged tlicreto.
4. In adoptiiig tilis Resolutioii, tlic City, iiicludiiig its elected represcritatives,
officers, employees aiid a,,etits, shall not bo li@ibic iiid lici-ebv (lisclaiiiis all liabilitv f6r
any damages to any persoi,,, direct or conSCqLlClltial, icsulting f@loizi tlie Autliority's I,iilufe
to issue bonds for all or portion of tile Facilit,, t@)l @IIIV l@IS,)Il.
5. This sliall take eli@cct iiiiiiiediatelv upoii its adoptioii.
Adopted by the Council ()f the City of Virgiiiia lieacii, Virgiiiiii, oii this 7th day
of 1994.
1
CA-5603 APPROVED AS TO
LEGAL SUFFICIENCY
2
the desi. (5) (If Defx)nent's interest in th, Oi8i,,,,] is in a rei)r@ntatie or fiduciary capacity, indicate t>el.
gnation of such capacity, j e , Administrator, F,,,@,O,, etc., and [lie title of the estate, as foll@):
Deponent is Iv/,4 ot the esta@e of
(specify nanies of Zny other persons hi,,ing @n ii,(,r,,t i the Onginal. 1-ist them bel@ and indicate
the nature of their interest, such as @e,r, legatee, etc.) n
@F LN IT- REST
(6) Deponerit niakcs this affida@t for the purpose OC requesting and iriducing the Issuing Corporation
and its agents to issue new secur,i,es @n, or payment in lieu of, substil@,t,on for the Onginal. -
(7) Deponent @,grees that if said Origin@@i should -,er c,,me into Deponent's hands, custody or @er,
Depc)nent %ill immediately and ,Iho@,t consideration surrender Ori@!rial I&suing CC)rporation, ILS transfer agen[S or
subscription agents for cancellaticr
@( ) Signed, c,,ie,! @,,id
S.Orn to and subscribed before ,ic
this day of
nent
(Affix Notarial Seal)
My Com-,ni@o.'l expires: \ t
Sworn to and subscribed befc)re iiie
ihis day of
19
(.,Vf@ t,'otarial Seal)
Nly C,,@.m@ssion expires:
7
CONSENT AGENDA ITEM # 38044
U -ilon by Council Lady Parker, seconded by CouncLn- Ba-, CIIY Council APPROVED n ONE
Po"
MOTION, Ite- 1, 2, 4, and 5 of the CONSEAT AGENDA.
Itetn 1-3, - Pulled fOr a separate vote.
Voling.- 10-0
Counczl Members Vot,,g Aye:
Jo"n A. Ba- Ln-d 0. B,.nc I
Clyb Ro ' 1% II J-- W. Brazier, Jr., Robert W.
ur?4 bert K Dea@ Lou's p JOnes, Paul J. Lanteigne, john D.
MOSs, Nancy K Parker and Vice Mayor uillialn D @essoms, jr
Council Members Volig Nay:
None
COunczl Members Absent
Mayor Meyera E. Oberndorf
June 7, 1994
8
COA'SENT,4GEND.4
,TEA' 3804S
pon -Izon by Counczl L dy Parker, seconded by cu,
U
a
B,7un, Cty C,,U,,cl @PTED,
Resolution th
Afinibonds, au or Ing the @irector
1991B, 1994 eral Oblig., Of Finance inake payment on 1"
Maturity: Publc IMP-@e.,,,' Bods, leres of
R-0084 $5, ooo. 00
Irene I' a,,d G wood
.5392
R-0087 Ch IZDrse f irginia Bech A
$5,000.00 Donald L, and Carolyn 11.
936 Chalb,,ure Barnett,
Drive, @hesapeake V4
Voting.- 10-0
u inbe V 11
Co ncll Me rs 0 ng Aye:
Robert w.
W, John D.
Jr.
Counc,l M@.b,-r., Volng Ny:
None
Co,lnc,l Members Abse,,t
M4YOr Meyera E. Oberzdorf
1 A RESOLUTION TO AUTHORIZE
2
PAYMENT OF LOST MINIBOND
3 WHEREAS, the General Obligation Public Improvement Bonds,
4 Series of 1991B, 1994 maturity (Capital Appreciation minibonds),
5 hereinafter "Minibonds," were issued in Registered form and were
6 not transferable or assi.gnable pursuant to the authorizing
7 Resolution adopted by city (.ouncil on April 4, 1991, and the stated
8 terms on the Bonds;
9 WHEREAS, those Minibonds were all issued in denominations
10 of $500 or more and bearing 5.25% annual rate of interest, dated
11 MaY 29, 1991, and maturing may 29, 1994;
12 WHEREAS, Irene I. Wood and Thomas G. Wood of 5392
13 Challedon Drive, Virginia Beach, Virginia 23462-4143, have af firmed
14 that they are the sole legal and beneficial owners of certain of
15 the Minibonds, numbered R-0084 and valued at $5,000.00;
16 WHEREAS, Donald L. Barnett and Carolyn H. Barnett of 936
17 Chalbourne Drive, Chesapeake, Virginia 23320, have affirmed that
18 they are the sole legal and beneficial owners of certain of the
19 Minibonds, numbered R-0087 and valued at $5,000.00;
20 WHEREAS, the owners of each of these Minibonds have also
21 affirmed that the said securities have been lost or misplaced;
22 WHEREAS, each of these owners have complied with all
23 legal provisions to effect: replacement of said security by
24 providing appropriate affidavits; and
25 WHEREAS, John T. Atkinson, City Treasurer, has determined
26 that because of the non-transferable nature of the Minibonds, no
27 indemnities shall be required.
28 NOW, THEREFORE, BE ET RESOLVED BY THE COUNCIL OF THE CITY
29 OF VIRGINIA BEACH, VIRGINIA:
30 That the Department of Finance, the Registrar on said
31 Minibonds, is directed to pay to each of said owners the value of
32 their respective Minibonds, Principal and Interest accrued, on the
33 date of maturity without the necessity of replacing the lost or
34 misplaced Minibond.
3 5 Adopted by the Council of the City of Virginia Beach,
36 Virginia, on the 7th day of jllnp 1994.
37 CA-5604
38 ORDIN\NONCODE\WOODBAR.RES
39 R-1
40 Prepared: 05/27/94
A r; AS TQ Cc TE@4TS
,;FnAL
Cl-@y ATT,)RNEY
2
AFFI OF LUSS
!DAVIT_
STATE OF VIRGINIA
CITY/COUNTY OF Virgiiiic., Beach )ss.
The undersign,,J (hereinafter mlled 'DeponenL'), @ing duly swo,n, deposes and says that:
(1) Deponent is an adult hose mailing address t@
C- 6 4 )/ @ l I , D-,,
@cc-t, ) 1)" - @ @ @ C :2 - 41
and is the owner of or is acting in Li repr@ntatine or fiduciary capacit, @th respect to certain securities (describ, Mx
of security, identification number, -,,,d r,,Mbr f sh,,,, or face alue
199]B General Ohligtition Pul)lic Iniprot,eineiit Afinibotids,
Nutnbers(s) rOF,( q 4@ @ @ 5
LO
issued by City of Virgillia Beticli, @irgitlia
(hereinafter called the "Issuing @nd registered n the of
(2) Deponent turther says that the afor,said securiiy c,r @curities (hereinafter called the
-hether one or more) ha,e been !,@st, st,)ien, destroyed or niisplaced -qJer ihe foilo@in@ circ.mstances:
(3) Tbat said Original (was riot) endorsed. (If endorsed, descrjt>e form of endorsement and state
whether si@.nature was -uaranteed )
(4) Deponent has made or aiused to be made diligent @arch for Original, and has been unable to
find or re@er same, and that D@nent @s the unconditionai o-ner of Original at the time of loss, and is entitled to
the full and exclusive posse&sion thereof; that neither the Original not the righls of Deponent therein have, in hole or
in part, been assigned, transferred, hypc)thecated, I)iedged or othervase disposed of, in any manner whalsc)ever, and that
no persor), firm or corporation other ihan Dep()nent has any right, title, claim, equity )r interest in, to, or respectirig
Ori-.inal or the proceeds thcreef, except a% may tx@ set forth in Statem,nt (5) follo@n-,
(5) (If Defxnent's interest in the Original is in a representati,e or 5duciary capacity, indicate t)elow
the designation of such cap,3city, i c , Administrator, Executclr, etc , an,' the title of the estate, as follos)@
Deponent is of ihe estate of
(Specify names of any other @sons ha,,ng an int,.,cst in the Originil. List them Wm ari,i indicate
the nature of their interest, such a,, heir, legatee, etc.)
NAME IN'L-FREST
,A)/,@
(6) Deponer)t makes this affi(lavit for the purpose ,f requesting and inducing the Issuing Corporation
and its agents to issue new sec@rieies in, or payment in lieu @,f, subsiit,@tion for Lhe Original.
(7) Deponent a@.rees that if &iid Original shouid e,e, conie into Dep,)nent's hands, custody or pcwer,
Deponent @ll immediately and @iho,i @onsideration surre@ider Or@gi iil l@) Imuing C,@rporation, its transfer agents or
subscription agents for cancell@itic@n
(8) Signed e,j ed @@nd dated:
Sworn to and subscribed before r@i,
this day of
19
@gnature of Deponerit
N07A,KY PUBLIC
(Aff@ 14ota,ial Seal) t@,y comipi@on Expires Ju:y 3',, l@O
My Commission @ires:
S,orn to and subsctced before rie
this ,y of
19
y
(Affa Notarial Seal)
My Commission expires:Vy Exp@PS Irly 31,
AFFIDAVIT OF LOSS
STATE OF VIRGINIA
CITY/COUNTY OF @igi,iia Beacli )ss.
Tbe undersigned (hcreinafter (:alled 'Deponent"), tx,,ng duly @orn, depc)@ and says that:
(1) Deponent is an iidult hc@ mailing addrem is
Q3@ CHIL--6cu(,-toE- i)@.
VA, 23-3@c,
and is the owner of or is acting in @i representativ(@ or Oduciary capacii'@ Itli r@ct to certain @curities (describe t)pe
of security, identiftcation number, 2,nd n@n)ber of!;hares or f@,ce vatue@:
199]B General Ol)lig(ition Piiblic Ii@iprot@ei?zeiii Mitiibonti.5,
Numbers(s)
i.@ed by City Of Virgiiiia Be@i(,h, @irgiiiia
(hereinafter called the "I@uing Co,ix)rati,,n") and registered in the name oli
fl 13e@ rA)(f tr 0
/q P- r, t 13CA r A)C
Z(2) D@nent further savs thzit the aforemid @urity or @curities (hercinafter called the 'Original',
whether one or mor@a,e been !c)sr, s[()Ien, destroyed or mlsplaced @ider the @oilo@ng circumstances:
(3) That said Originar(was not) endor,@d (If d@ribe form of endor@ment and state
whether signature was -.Uaranteed )
(4) Deponent has n)ade or caused to @ made dili-.Cnt search for Original, and has been unable to
find or recoer same, and that Deponent was the unconditional owner @if Original at the time of loss, and is entitled to
the full and exclusive possession thereof, that neither the Original not the rights of Deponent therein have, in @hole or
in part, been assigned, transferred, hypothecated, pledged or otherwise disposed of, in any manner wha@,er, and that
no person, firm or corporation ther than Depoi)ent has any right, title, claim, equitv or interest in, to, or r@@pecting
Ori@.inal or the prc)ceeds thereof. ccei)t as may be set forth in Slateri,nt (5) foll@@in@
9
Item I-L2.
CONSEA7 AGENDA ITEM # 38046
Upon motion by Council Lady Parker, seconded by Councilman Bawn, CitY Council ADOPTED:
Ordinance to AMEND and REOPDAIN Chapter 10, Sections 0-1 and
10-2 of the Code of the City of lrtrginia Beach, Virginia, establishing
two (2) new election districts: "Baker" (voting place: Heritage United
Methodist Church) and "Landstown' (voting place: Landstown
Community Church); an,4 changing the voting place for the "Sigma'
Election District from the Sandbridge Fire @tation tc) Tabernacle United
Methodist Church.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% III, James W Brazier, Jr., Robert W
Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D.
Moss, Nancy K Parker and kice Mayor William D. @essoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Mayor Meyera l@' Oberndorf
June 7, 1994
1 AN ORDINANCE TO AMEND AND REORDAIN
2 CHAPTER 10, SECTIONS 10-1 AND 10-2
3 OF THE CODE (DF THE CITY OF VIRGINIA
4 BEACII, VIRGINIA, PERTAI@IING TO THE
5 ESTABLISHMEN'R OF ELECTION DISTRICTS
6 AND VOTING PI,ACES WITTIIN THE CITY OF
7 VIRGTNIA BEA('H
8 BE IT ORDAINET) BY THE CITY 'OUNC"i, 'DF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That Chapter 10, Sectic)ns l(@-I an,] -0-2 of the Code of the
11 CitY of Virginia Bearh, Virginia, @ire heiet,@, amended and reordained
12 to read as follows:
13 Section 10-1. Establishment of election districts and voting
14 places.
25 There are here@)@! c,,stabli.shed @n tlie -'ity of Virginia Beach the
16 following election (iistr-ict@- and their r(@!;pective voting places, as
17 set forth below:
18
19 ELECTION DISTRICT VOTTNG Pl,,\C'E."
20
21 Alanton Alatiton E,Lement,ici School
22 Aragona BayE;ide M@ddlc,. ';,@llool Grade 6
23 Arrowhead Arrowlieici Sch,Dol
24 Baker fieritag@llnite(-i @l(@thoclis,t-Church
25 Bayside 13ays;jde f@:@em(,rit i-,, Schoc),
26 Bellamy Jnclicin L,E)@es F.],-,ri,,ntary @;chool
2-1 Blackwater F31ack%,iatet Fire c;t@itinn
28 Bonney Center foi Effe t ve f@earning
29 Brandon Brandon Mid(ile ;cliool
30 Cape Henry l@esearch ci nd 17iiliqhtenment Building
31 (Edgar cayc(@
32 Capps Shop 11. A. Mosquito @)rtr-c)] Btii.lding
33 Centerville ('entgrvill,@ @;c7hool
34 Chesapeake Beach Bayside Biptist- 'hLirc7h
35 College Park Co.11(@e Pa@@-. E.1,@irentary School
36 Courthouse Courl--house l'ir(, '@tition
37 Creeds CreiDds Fire St,ition
38 Davis Corner Bettie F. Will.iams Elementary School
39 Fairfield Faii-fielci Elem(@rit,iry School
40 Forest St. NichoLas C@itih,Dlic Church
41 Glenwood Cleriwood Elemeritary School
42 Great Neck Fraricis A!3bury @inited Methodist Churc7h
43 Green Run GreE?n Run Elc@m(int@iry Sch@:)ol
44 Holland Hol-.Land F,'Iementir,@ School
45 Homestead Pro@iidenc,@ Pre@;I),@lerian Church
46 Kings Grant Kincjs Gra@)t EI(@i-,)eiitarv @,@hool
47 Kingston Kinclston i'lemerital-@, School
48 Lake Smith Shelton PArk Elem(?ntary !@chool
49 Landstown l,anclstown Commti.,Iit_y_g rcb
50 Larkspur St. Andre%!s @.Jr,;'e,3 Metho(list Church
51 Linkhorn The Evangelici. 1,@itlieran Church of the
52 Gooci Shept)er(i
53 Little Neck St. Aidan s f@pi@(-@)I:)al Cht)rch
54 London Bridge London Br,dgc, 1',I)!ist Ch@ircli
55 Lynnhaven I.,ynrihaven Colot-, 13nited ('hlirch of Christ
56 Macjic Hollow Roma Lodg(, No.
57 Malibu Malibu El(,ment@)@y
58 Meadows Pemt)roke @ f:lemc@nttry School
59 Mt. Trashmore @qindsor ;I(,od@; f@ leiiientary School
60 North Beach Galilee El is(@(:)l @l -'hLir-cli
61 Oceana Scott Memri@il 'T)ile(i Methodist church
62 Ocean Lakes Ocean Lak(,s Elerictitary School
63 Ocean Park Bayside Cl,risti,ii ',htirch
64 Old Donation Olci Donatjon Cc,i fc)r (:,@fted
65 Pembroke Pem@roke i lemer,.tiiry S(-hoc,],
66 Plaza l,ynnhaven Eleme!itziiy Schnol
67 Point 01 View Point O' %iew F' en(,ntiry School
68 Providence Kemp@villr@ Rc@cr,@ition Certet-
69 Red ;qincj F i re Tra i r i iicl @,t
7 0 Salem Sa I em Bapt i @;t @ii@i 71i
71 Seatack Seatack F:Iemcnt,,i@ Sc--hool
72 Shannon Ch@ircli of tl)c@
2
73 Sherry Park St. Matthews Citholic Church
7 4 Sigma Fan(lbridfj@F-i@- @
75 Tabernacle Unit.ed Methodist Church
76 South Beach Vir(jinia 3eacti -'enter for the Arts
77 Stratford Chase Pro,/idence Elementary School
78 Thalia ThaLia Elementiiry School
79 Thoroughgood Ind(@pendence MitiJle School
80 Timberlake @qliite Oak.3 F:Iei,ient-ary Sc.Ilool
81 Trantwood Vir(jinia !3eacti "ri@istian Church
82 Windsor Oaks @qincisor oiks E@f,.,nentary School
83 Witchduck Bay@;ide P--esbvt,,riin Chiirch
84 Wolfsnare East--ern S,)Ore- @@ial@el
85 Woodstock Avalon Chkirch @' -hrist
86 Central Absentee Voter AgrLcultut-e/Voter fregistrar
87 Election District Bui"Lding
88 Section 10-2. Map of Election districts.
89 (a) The geographical boundaries of ' @iE@ election districts set
90 forth in section 10-1 ire h(@reby estahl@shed as delineated on a
91 certain map, revised @'@21 191)4, prepare(i b,@ the planning staff of
92 the city and caption(,d "17lection whic:h map is hereby
93 approved.
94 (b) The clerk of the COLInc-ii @;t II 1endorse on the map
95 ref erred to in subsec@ i on (a) ab,@)ve '.' c@ late of the counci 1 1 s
96 approval thereof in(i f i e ttie origi izil m,@f), the Tpinutes of the
97 meeting at which s@j,,h !nap ,,as ap:@rov@@, :n the records of his
98 office, and shall c,)ti,@'! c,.xict- copi.,@; t,) 2 filed with the
99 general registrar of Iti@, cit),, the cler@@ )' ttie circuit court and
10() the planninq departmerit
101 This ordinance ;hall not be effect.vc! until approved by the
1 0 2 United States Attornev @eiieral Linde- ttic, .',)t.ing Right- Act of 1965.
1 0 3 Adopted by tiie (:(DLInCil of the ('it@, @,irgini 1 Beach, virgini.a
I 0 4 on the 7th day of -J,itie. 1994. CONTENTS
105 CA-#5585
106 R-2
107 ORDIN\PROPOSED\10-0()@.()I@D @,4T
108 MAY 23, 1994
-10 LEC@AL
3 SUFFICIENCY A@@D FORM
CITY ATTC)RNEY
......... ...
ED
WING
COL@THOUSE
COUN L
)OL
-ER
)OL
)OL
)OL
ION
@A PPS
'NG
SHOP
)OL
ER
IIVG
?CH
'OL
,ON
ON
,OL
,ni
L@k.
10 -
CONSEAT AGENDA ITEM # 38047
UPOn -tion bY Council Lady Parker, seconded by Councilman Moss, City Council DEFERRED To
JUNE 14,1994, CITY COUNCIL SESSION.
Ordinance to TRANSFER $122,440 within varwus School Capital
ImprOvement projects to meet funding needs for completion of projects
at Tagwood and First Colonial High Schools,.
information will be provided relative the cost averruns: the $20,000 difference concerning the
architecturallengineering costs for Tallwood and the additional $100,000 required for First Colonial.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Nancy K Parker and Vice Mayor William D. @essoms, Jr
Council Members Voting Nay:
None
Council Members Absent.-
Mayor Meyera E Oberndorf
Councibnan Moss DISCLOSED pursuant to Section 2.1-639.14((,-) of the Code of Virginia, his wife is
currently employe-d by the City of Virginia Beach School Board as a Teacher earning an annual salary
in excess of $10,000. Councilman Moss declared he was able to participate in the transaction fairly,
objectively and in the public interest. Councilman Moss @ letter of July 14, 1992, is hereby made apart
of the record.
June 7, 1994
Ite,m I-L4,
CONSENT AGENDA ITEM 38048
Upon motion by Council Lady Parker, seconded by Councilman Baum, City Council APPROVED:
Application for Annual Permit Renewal for private, municipal and non -
profit organizations operating emergency medical services agencies or
vehicles within the City, pursuant to Section 10.5-2 of the City Code:
Advanced neelchair Transport, Inc.
Chesapeake EMS
Children's Hospital of the @ng's Daughters
Eastern Medical Transport
Medical Transport, Inc.
MercylTidewater Ambulance @ervice
Nightingale Air Ambulance
NorfoLk Fire and Paramedical Services
Ocean Rentals LTD
UnitedAmbulance 5ervice, Inc.
Virginia Beach Lifesaving Service
Voting: 10-0
Council Meinbers Voting Aye:
John A. Baum, Linwood 0. Branck 111, James W Brazier, Jr., Robert W
Clyburn, Robert K Dean, Louis P, Jones, Paul J. Lanteigne, John D.
Moss, Nancy K Parker and Vice Mayor William D. .5essonu, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
June 7, 1994
12 -
CONSENT AGENDA ITEM # 38049
UPon -tion by Council Lady Parker, seconded by Councilman Bawn, City Council ADOPTED:
Ordinance authorizing tax refunds in the amount of $2,086.46 upon
application of certain persons and upon certification of the City
Treasurer for payment,
Voting: 10-0
Council Members Voting Aye:
JOhn A. Baum, LinwOOd 0. Branch, III, James W Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis P- Jones, Paul J. Lanteigne, John D.
Moss, Nancy K Parker and Vire Mayor Williatn 1). @essoins, Jr
Council Members Voting Nay:
None
Council Members Absent.-
Mayor Meyera E. Oberndorf
June 1994
51/ '31; )4
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 (,ertification of the Trea,u,e, ar, hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty I nt. Total
Year of Tax Number tion No. Paid
Elizabeth W Booker 94 RE(1/2) 11170-8 12/5/93 21.43
Joseph Smith 94 RE(1/2) 109252-1 12/5/93 1185.00
Regent International Corp 94 RE(1/2) 96527-9 12/5/93 1,179.90
Sykes, Carens & Bourdon 94 RE(1/2) 50028-0 11/18/93 3.73
Sykes, Carnes & Bourdon 94 RE(1/2) 50034-2 11/18/93 12.90
Navy Federal Credit Union 94 RE(12/) 28679-@i 12/5/93 82.08
Carl G & Virginia Currence 94 RE(2/2) 26704-1 1,/14/94 107.76
Jesse H Filhiol 94 RE(.1/2) 37301-5 1;?/5/93 42.18
Allen G & Ann Richter 94 RE(1/2) 97790-1 l@)/5/93 83.67
Allen Richter & E Brown 94 RE(1/2) 97791-6 l@)/5/93 37.19
King David Properties 93 RE(;'/2) 62753-,, 9,'9/93 41.12
King David Properties 9- RE(,'/2) 62752-8 9,,9/93 54.50
Margaret L Brown 89 pp 23497-@ 4,'18/94 50.00
TCS LCS Inc 94 Pkn( Pmt 0111 5,,'13/94 15.00
Peter J Sandford N/A Pknci 424081 4,@'6/94 25.00
David March N@/ A P knci 432891 5,@ 9@' 94 15.00
George Cost NIA P knci 432907 5,, 9" 94 15.00
Sydney Beem N,/ A P knci 432904 5@12/94 15.00
Total 2,086.46
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
.46 were approved by
the Council of the City of Virginia
Beach on the -ltlday of June
1994
Approved as to form:
Ruth Hodges Smith
City Clerk
L 11 Llly, C, y A
13 -
UNFINISHED BUSINESS ITEM # 38050
ADD-ON
Councibnan Baum advised the City Staff met with Virginia Department of Transportation on Monday,
June 6, 1994, and were advised PUBLIC HEARINGS re &)utheastern Fxpressway will be SCHED UIED
for August 1994.
Upon motion by Councibnan Baum, seconded by Councilmaii Branch, City Council DEFERRED
INDEFINITELY.-
Public Hearing scheduled for June 14, 1994 (@ity Council Session re
Southeastern Expressway.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl4 111, James W. Brazier, Jr., Robert W
Clybury4 Robert K Dean, Louis k Jones, Paul J Lanteigne, John D.
Moss, Nancy K Parker and Yzc!e Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent..
Mayor Meyera E Oberndorf
June 7, 1994
14 -
UNFINISHED BUSINESS ITEM # 38051
ADD-ON
Councibnan Moss referenced correspondenc-e fi-om Robert f,. Fentress, Chairman - Tidewater
TransPortation District Commission, relative one more study on the Light Rail. 7he basic facts of Light
Rail have not changed Federal Grant funds would be better expended on other sources.
Councibnan Moss will SCHEDULE a Resolution for the City Couticil,5ession of June 14, 1994, requesting
TRT not pursue and expend Federal funds for an additional study for Light Rail.
Vice Mayor Sesso?w advised he will not be serving on the Tidewater Transportation District Commission
after July 1, 1994. ;rice Mayor Sessoms will be advising Mr. l@'entress of same. Vice Mayor Sessoms
believes this Commission will be utilizing funds already availabl(,
June 7, 1994
15 -
NEW BUSINESS ITEM # 38052
COUNCIL-SPONSORED ITEMS
At -y W
0 . Fdvard Hudgins, Jr., 615 Lynnhaven ParkwaY, Phone; 463-1054
P- n @@ , 'm
U 'n by Cun a Ba "Onded bY Co@n,ilman lones, C'ty COuncil ADOPTED:
Ordinance tO reP-1 the -ning of PrOPertY i@ the e Of
MA,R@ARET A. DRUMMOND (AG-2 to B-2, approved SePtember 21,
1987); and (AG-2 to I-], appr,,ed April 23,
Sh , n 1990) on the South side f
'PPS C r - ROad, 3 feet ore or les st of Holland Roa
taining 21.7 acres(] 00 m s P@ d,
PRINCESS NF BOROUCII) (,@pon red by
Councilman Joh,, A. B,,.m) AAF so
Voting: 10-0
Counc" Members Voting Aye:
John A. Baum, Linwood 0. Brancl4 III, j,,e,
-n, u s P, JOnes, Paul J n eigne, John D.
ClYb-n, Robert K D w. Brazier, Jr., Robert W
Lo La I
MOss, Nancy K Parker and Vtce MaYor liriliam D. 5essoms, Jr.
Council Members Voling Nay:
None
COU-il Members Absent.-
Mayor Meyera E. Oberndorf
June 7, 1994
1 Requested by Councilmei@,I)er Jc)hn f3atim
2 AN ORDINANCE TO REPEAL ORDINANCES
3 APPROVING THE REZONING OF CEPTATN PROPERTV
4 IN THE NAME OF' MARGARET A. I)RUMMOND
5 BE IT ORDAINED BY THE COUNCII, OF THE CTTY OF VIRGINIA
6 BEACH, VIRGINIA:
7 WHEREAS, the CitN/ Council @i,lDr-oved ,,ertain rezonin(g
8 applications pertainii)q to the propel-ty @t Margaret A. Drummond as
9 follows; and on Sept,,ifll,,(@r 21, 1987 from j'.G-2 to B-2 (Oi-dinance No.
10 Z09871182); and on Api-il 23, 1990 irom to I-1 (Ordinance No.
11 Z04901280); and
12 WHEREAS, dtie to coiiditioi)s bc,@;,)nJ the owner's control,
13 the developmeiit of t h(@ DruniiTiond I)ropei , i,,s as @)roposed by the
14 rezonings has been friistrated; and
15 WHEREAS, the owner has rEqti(,sted and received the
16 approval of the City counci.1 to rez(-)ne ti),@ I)roperty to the earlier
17 AG-1 classifications at)d has furtl)er i-,,,Iu(@sted that retroactive
18 effect be given to tti(, r(@peal of thf! ordiii@iiices adc,pted, September
19 21, 1987, and April -,13, 1990 wherei)y tli@ property was rezc)ned to
20 the B-2 and I-1 clas!;ifi(:,itions; anci
21 WHEREAS, cc@iisi(lerin(j the effect of external circumstan,-es
22 upon the proposed develc,pment@ of t@ie Di-t@inm,:)nd property, the CLty
23 Council is of the opiiii,)t) that- the iepe-al (-)f the ot-(iinances shoiild
24 be given retroactive (@ffect.
25 NOW, THEREFI)RE, BE IT ORDAINED 1,Y rHE COUNCIL OF THE C[TY
26 OF VIRGINIA BEACH, VLRGINIA:
27 That the or-dit)ances adopted b@ tl)e Virginia Beach City
28 Council on September 21, 1987, and April 23, 1990, whereby the
29 property in the narne of Mir(garet A. I)rumrrc)n(i (GPIN numbers 1495-'117-
30 2004-0000 and 1495-3'1-3129-0000) wis rez,)ned from AG-1 to B-2 and
31 I-I are hereby repeale,d iii the!ir entiret@ At,(i :ucl) repeal shall be
32 effective retroactively, and t@he Orclinanc,,s ipproving the rezoning
3 3 of the Drummond property to B-2 atid 1-i shall be deemed void a-b
34 initio.
35 Adopted by ttie Cotincil if th(, City of Virginia Beach,
36 Virginia, on the 7tb - (lay of -- June 1 1994.
37 GLF/rab
38 5 / 2 3 / 94
39 CA5571
40 (ordin\noncode\CA5571.ord)
2
16 -
NEW BUSINESS ITEM # 38053
COUNCIL-SPONSORED ITEMS
77te followzng spoke in SUPPOR T.-
Je- Meber4 601 Sandbridge Road, Phone: 426-6200, represented the business community. Mrs Sie rts
statement is hereby -de a Part of the record. be
MOIIY Brown, 2232 Sandpiper Road, Phone: :721-5011, represented Sandbridge Beach Civic League.
Ad-iral Dick DunleavY, 2220 Sandpiper Road, Phone: 721-3644, President of the Sandbridge oceanfront
Property Owners Association
7he following spoke in oppoSITION:
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925
Chuck Traub, 784 Glasgow Court, Phone: 340-9056
Wally Erb, 150 Cayuge Road, Phone,- 49 7- 74.51, opposed to a special tax distict
Maxine C. Craham, 3057 South Sandpiper Road
A MOTION was made by Councibnan Lanteigne, seconded by Councibnan Branch to ADOPT a
R-olution stating the CitY's endorseme@l of the concept adopted by the 1994 General Assembly for the
funding of a cost-shared Federal Beach Nourish-ent - Hurricane Protection Project for the
Sandbridge area; and, declaring the City@ intent to become the local sponsor.
A SUBSTITUTE MOTION was made by Councibnan Moss, seconded by C(iunci4,nan Dean to DENY.-
R-olution stating the City's endorsement of the concept adopted by the
1994 General Assembly for the funding of a cost-shared Federal Beach
Nourishment or Hurricane Protecdon Project for the Sandbridge area;
an,t declaring the City@ intent to become the local sponsor.
(Sponsored by: Councilman Paul J. Lanteigtie)
Voting: 3- 7 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Vofing Aye:
Robert K Dean, John D. Moss and Nancy K Park,r
Council Members Votzng Nay:
John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robrt W
Clyburn, Louis R. Jones, Paul i Lanteigne and Vice Mayor William D.
Sessoms, Jr.
Council Members Absent.-
Mayor Meyera E. Oberridorf
June 7, 1994
- 17 -
NEW BUSINESS ITEM # 38053 (Continued)
COUNCIL-SPONSORED ITEMS
Upon motion by Councibnan Ianteigne, seconded by Councilman Branck City Council ADOPTED:
Resolution stating the City's endorsement of the concept adopted by the
1994 General Assembly for the funding of a cost-shared Federal Beach
Nourishment or Hurricane Protection Project for the Sandbridge area;
an,4 declaring the City's intent to become the I()cal sponsor.
(Sponsored by: Council?nan Paul J. Lanteigne)
Voting: 7-3
Council Members Voting Aye:
John A. Bawn, Linwood 0. Branch, III, James W Brazier, Jr., Robert W
Clyburn, Louis R. Jones, Paul J. Lanteigne and Vice Mayor William D.
Sessona, Jr.
Council Members Voting Nay:
Robert K Dean, John D. Moss and Nancy K I'arker
Council Meinbers Absent:
Mayor Meyera F. Oberndorf
Councibnan Jones DISCLOSED pursuant to Section 2.1-639.14((;) of the Code of Virginia, he is a
Director of Resource Bank and has an ownership interest in the Bank which exceeds three (3) percent of
the Bank's total equily, and that the Bank owns a parcel of oceanfront proeprty in the Sandbridge area.
Councibnan Jones declared he is able to participate in the transaction fairly, objectively, and in the public
interest. Councibnan Jones' letter of June 7, 1994, is hereby made a part of the record.
June 7, 1994
it --,- c->t- @@i I -"itii l@c- IT-@II
LOU JONES
IOWWTCI@0.1 l-,
COU C'M@N B@ISDEBOROUGI IIRG N'. BEACll I RGIN 1 2@,@ll
(804) @W 01 7 7
June 7, 1994
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
Dear Mrs. Smith:
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of
Virginia, I make the following declaration:
1. The transacfion for which I am executing this written disclosure is the City
Council's discussion and vote on a resolution stating the City's endorsement
of the concept adopted by the 1994 General Assembly for the funding of a
cost-shared federal beach nourishment or hurricane protection project for the
Sandbridge area,
2. The nature of my personal interest is that I am a director of Resource Bank,
that I have an ownership interest in the Bank which exceeds three (3) percent
of the Bank's total equity, and diat the Bank owns a parcel of oceanfront
property in the Sandbridge area.
3. The City Attorney has advised me that, in his opinion, since Resource Bank
is owner of an oceanfront parcel in the Sandbridge area, and I have an
Mrs. Ruth Hodges Smith -2- June 7, 1994
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
ownership interest in the Bank, I am a member of a group, i. e., other owners
of oceanfront property in the Sandbridge area, the members of which will be
similarly affected by the transaction.
4. 1 wish to disclose this interest and declare that I am able to participate in the
transaction fairly, objectively, and in the public interest.
Accordingly, I respectfully request that you record this declaration in your official
records. I have enclosed an opinion letter from Leslie L Lilley, Ciry Attomey, which
addresses this same matter.
Thank you for your assistance and cooperation in this matter.
Sincerely,
Louis R. Jol@l"
Councilmember
LRJ/clb
Enclosure
LESLIE L LILLEY
,@G;@ E'C@ IRC, @ll W-
8.1 @ll7
Juile 7, 1994
Councilmember Louis R. Jones
Municipal Center
Virginia Beach, Virginia 23456
Re: Request for Conflict of Interests Act Opinion
Dear Councilmember Jones:
I am wrifing in response to your request for an opinion as to whether you may
participate in City Council's discussion and vote on a resolufion stating the City's
endorsement of the concept adopted by the 1994 General Assembly for the funding of a cost-
shared federal beach nourishment or hurricane protection project for the Sandbridge area.
The resolufion is scheduled for the June 7, 1994, niceting of City Council.
S ARY/CONCLUSIO@-
From my review of the Conflict of Interests Act and the informafion provided by you
as referenced below, I am of the opinion that you have a personal interest in a resoludon
stating the City's endorsement of the concept adopted by the 1994 General Assembly for the
funding of a cost-shared federal beach nourishment or hurricane protecfion project for the
Sandbridge area as a result of your ownership interest in a business that owns a parcel of
oceanfront property in the Sandbridge area. However, as a member of a group the menibers
of which will be similarly affected by the transaction, you may participate in the transacfion
upon disclosure of your interest pursuant to Virginia Code SS 2,1-639.14(G).
I base the aforesaid conclusions on the followilig facts and disclission.
FACTS PRE ENTF,@-
Your request for an advisory opinion is generated by City Council's discussion and
vote on a resolufion stating the City's endorsement of the concept adopted by the 1994
Councilmember Louis R. Jones -2- June 7, 199
Re: Request for Conflict of Interests Act Opinion
General Assembly for the funding of a cost-shared federal beach nourishment or hurricane
protecdon project for the Sandbridge area.
You have advised that your concem and reason for requesting this opinion is that you
are a director of Resource Bank ("Bank"), that you have an ownership interest in the Bank
which exceeds diree (3) percent of the total equity of the Bank, and that the Bank recently
foreclosed on a parcel of oceanfront property in the Saiidbridge area of the City.
ISSUF,:
Are you precluded from participa6ng in City Council's discussion and vote on a
resolution stating the City's endorsement of the concept adopted by the 1994 General
Assembly for the funding of a cost-shared feder-al beach nourishmeiit or hurricane protection
project for the Sandbridge area?
DISCUSSION:
1. Apl2licable Definitions of Section 2.1-639.1
A. The City Council is a governmental agency, as it is a legislative branch of local
govemment as defined in SS 2.1-639.2 of the Virginia State and Local Govemment Conflict
of Interests Act.
B. You are an officer within the meaning of SS 2.1-639.2 of the above-referenced
Act.
C. The resolufion to be voted on by City Council is a "transacfion" as defined by
the Act. The Act defines a transaction as "any mauer considered by any ... govemmental
agency on which official acdon is taken or contemplated." SS 2.1-639.2.
D. "Personal interest" is defined in SS 2.1-639.2 as a financial benefit or liability
which accrues to an officer, einployee, or to an immediate family member. The interest
exists by reason of one of five categories specified therein as: 1) ownership in a business
if the ownership interest exceeds 3 % of the total equity of the business; (2) annual incoine
from ownership in real or personal property or a business in excess of $ 1 0,000.00; 3) salary
from the use of property or paid by a business that exceeds $10,000.00 annually; 4)
ownership of real or personal property when the interest exceeds $10,000.00 in value,
exclusive of ownership in a business, or sauq; or 5) personal liability incurred or assilmed
on behalf of a business which exceeds 3 % of the asset value of the business.
Councilmember Louis R. Jones -3- June 7, 199
Re: Request for Conflic@t of Interests Act Opinion
E. Section 2.1-639.2 defines a "personal interest in the transaction" as existing
when an officer or employee or a meml)er of his immediate family has a personal interest
in property or a business or represents any individual or business and such property, business
or represented individual (i) is the subject of the transaction or (ii) may realize a reasonably
foreseeable direct or indirect benefit or detriment as the result of the agency considering the
transaction.
H. Application of initi ns
A. r n I In res
You have a personal interest in Resource Bank by virtue of your ownership
interest in the Bank which exceeds three (3) percent of the total equity of the Bank.
B. ersonal Interest in the Transacfion
In order to have a personal interest in flie transaction, Resource Bank must be
either the subject of the transacfion or realize a reasonably foreseeable direct or indirect
benefit or detriment as a restilt of the transacfion. Clearly, Resource Bank is not the subject
of the transaction. However, the qtiesfion of "reasonable foreseeability" remains.
The resolution eildorses the concept adopted by the 1994 General Assembly
for funding of a federal beach nourishment or hurricane protection project for the Sandbridge
area, and agrees for the City to be the local sponsor of the project subject to certain
designated conditions which include, inter alia, the creafion of a special service district
within the Sandbridge area for the collection of additional taxes, and the dedication, by
Sandbridge oceanfront landowners, of casements or other documents sufficient to ensure a
public beach along the entire project area. Therefor-e, I conclude that it is reasonably
foreseeable that the Bank, as owner of an oceanfi-ont parcel in the Sandbridge area, would
realize a direct or indirect benefit or detriment as a reslilt of Council's considerafion of the
resolution.
The resolution, however, does not apply solely to Resource Bank. Since the
Bank owns an oceanfront parcel in the Sandbridge area, and you have an ownership interest
in the Bank, you are a member of a group, i.e., other owners of occanfront property in the
Sandbridge area, the members of which wifl be siniilarly affected by any acfion the Council
takes with respect to the resolution. Therefore, it is my opinion that you may parficipate in
City Council's discussion and vote on the resolution provided you comply with the disclosure
requirements of SS 2.1-639.14(G) of the Act.
Councilmember Louis R. Jones -4- June 7, 199
Re: Request for Conflict of Interests Act Opinion
HI. Disclosure Requirement@
Based on the opinion that you may participate in City Council's discussion and vote
on the resolution upon disclosure of your personal interest, such disclosure must include a
declmtion diat you are able to participate in the transaction fairly, objectively, and in the
public interest. A proposed disclosure letter which coniplies with SS 2.1-639.14(G) is
enclosed for your convenience. You may either make this declaration orany, which is to be
recorded in the written niinutes of City Council, or you may file a signed written declarafion
with the Clerk of City Council, who shall retain and make this document available for public
inspection for a period of five (5) years from the date of recording or receipt.
The Conflict of Interests Act deals with the types of influences upon a public officer's
judgment which are clearly improper. The law does not, however, protect against afl
appearanr-es of improper influence. In that respect, the Act places the burden on the
individual officer to evaluate whether the facts presented create an appearance of impropriety
which is unacceptable or which would affect the confidence of the public in the officer's
ability to be impartial. I have opined that you may participate in the transaction after
disclosure. However, if you are concemed that participating in the transaction, even after
disclosure, creates an unacceptable appearance, you may abstain from voting under SS 2. 1 -
639.14(E) provided that you first disclose your interest in the transacfion. I have also
enclosed a proposed abstenfion letter which coiiiplies with SS 2.1-639.14(E).
Please contact me should you desire any additional information.
Very truly yours,
LLL/RMB/clb
Enclosure
Seen and Concuffed:
RoVrt J. -HunWey
Commonwealth's Att@y
Requested by: Councilmember Paul J. Lantc@igne
1 A RESOLUTION STATING TtiE CITY'S
2 ENDORSEMENT OF THE CONCEPT ADOPTED
3 BY THE 1994 GENERAL ASSEMBLY FOR THE
4 FUNDING OF A COST-SHARED FEDERAL
5 BEACH NOURISIIMENT OR HURRICANE
6 PROTECTION PROJEc,r FOR THE
7 SANDBRIDGE ARE:A AND DECLARING THE
8 CITY'S INTENT TO BECOME 'rHE LOCAL
9 SPONSOR SUBJECI' TO THE ESTABLISHMENT
10 OF FINANCING OF THE LOCAL SHARE OF
11 SUCH PROJECT THROUGH THE CREATION OF
12 A SPECIAL SERVICE DISTRICT IN THE
13 SANDBRIDGE AREA WITH THE CONSENT OF
14 A MAJORITY OF THE SANDBRIDGE
15 LANDOWNERS ANE) THE COMMONWEALTH'S
16 RETURN OF $2.8 MILLTON IDF THE
17 PURCHASE PRICE PAID BY THE CITY FOR
18 THE CAMP PENDLETON PROPERTY AND THE
19 DEDICAI'ION BY OCEANFRONT L@ANDOWNERS
20 OF EASEMENTS OR OTHER CC)NVEYANCES
21 SUFFICIENT TO ]@-NSURE A PUBLIC BEACH
22 ALONG THE ENTIRE PROJECT AREA;
23 DIRECTING STAFF TO SOLICIT CONSENT
24 OF SANDBRIDGE LANDOWNERS, TO RETURN
25 TO COUNCIL ON SEPTEMBER 27, 1994,
26 WITH PROPC)SED ORDIIJANCES
27 IMPLEME:NTING LC)CAL Fl@JNDlt4(;.
28 WHEREAS, the 1994 Generzil Assembly of the Commonwealth of
29 Virginia, Senate Bill 4,,,,), haE; prop,)sed t) return $2.8 Million of
30 the purchase price of the Camp Pendieton l@roperty for support of a
31 cost-shared federal beach nc)urishnent )r hurricane protection
:32 project for the Sandbridge area, provided the City agrees to serve
33 as the local sponsor -)f such federal], -sponsored project and
34 establishes a speciat @c@ivice district tc pi-ovide the local share
35 of the costs of the pi-olect;
36 WHEREAS, the City Council desir(3s to )ursue the intent of this
37 legislation provided a majority of the landowners of Sandbridge
38 within the area to be designated as the special service distrii--t
39 for the purposes specified in the State I(Igislation concur in tne
40 collection of acldit@ )nil ta>@es from t@.e property within trie
41 proposed district to t,ir(A the local share of the project;
42 WHEREAS, the City Coun(@il r,?cognize:s that in order -.o
43 undertake a cost-shared feder-al beach n(jurishment or hurricane
44 protection project, t-he local spon@,,or mtist assure the Corps ()f
45 Engineers that a public beach exists prdor to the execution of a
46 Local cooperation Agreement for construction.
47 NOW, THEREFORE, BE IT RESOLVED BY T@iE COUNCIL OF THE CITY OF
48 VIRGINIA BEACH, VIRGINIA that it elidorse@, the concept adopted by
49 the 1994 General Assembly for funding a federal beach nourishment
50 or hurricane protection projec;t for the Sindbridge area and agrees
51 to be the local sporsoi- of the prc,ject @ul,)ect tc) the following
52 conditions:
53 1. Creation ct i spc!cial servi,@7e district within t.he
54 Sandbridge area for the -!ollec:tion (,,f an increased lodging tax and
55 an increased real est,@te tax @and concurr(,nce of a majority of the
56 landowners within sLIch district to t,he collection of such
57 additional taxes within the district to f@ind the local share of the
58 project;
59 2. Receipt from the Commonwealth ot Virginia of $2.8 Million
60 of the purchase price Of the (-'amp Pendleton property.
61 3. Dedication by Sandbridge oceanfront landowners of
62 easements or other documents sufficient -o ensure a public beach
63 along the entire project area;
64 AND BE IT FURTHER F@ESOLV@ID that lipon the consent of a
65 majority of the landowners witliin the area proposed for
66 implementation of a special service listr@ct, the City Manager and
67 City Attorney are to return to Council on ,;eptember 27, 1994, with
68 an ordinance establishing a SPE!cial s@ervic,- District in Sandbridge,
69 which defines the boundaries of such district and sets an
70 additional lodging t@ix and r(@al estate rate for properties
71 within the district, and ordiriances settirig up a funding mechanism
72 for the payment of the local s@hare c,f a cost-shared federal beach
73 nourishment or hurricane protection proje(-@t as provided herein.
74 Adopted by the Council of the -ity of Virginia Beach,
'7 5 Virginia, on the 7th day of June 199 4.
76 CA-5600
77 ORDIN\NONCODE\SANDBRDC
78 R-6
7 9 5-31-94
2
Policy Report
S@B E SPECLAIL SERVICE DISTWCT
The purpose of this policy report is to provide information regarding the establishment of a special service
district at Sandbridge and scenarios for funding a rifty-year beach nourishment program.
BACKGROUND
For a number of years the City of Virginia Beach has been investing in the preservation of its beaches.
The Capital Improvement Program regularly provides for nourishment of the Resort Area and Ocean
Park beaches. The CIP also provides for the Beach Erosion Coiitrol and Hurricane Protection Project.
Recent General Assembly action has provided the impetus to review the poteiitial for nourisliment at
Sandbridge.
Senate Bill 449 of the 1994 Session of the General Assembly linked the City's purchase of property at
Camp Pendleton to beach nourishment in Sandbridge. If the City were to become a local sponsor of
beach nourishment at Sandbridge, and a special service district established, then the City, according to
the 1994 Appropriation Act, would retain $2.8 million of the Caijip 11'endleton purchase price to be
applied toward the initial beach nourishinent costs.
State Code Section 15.1-18.2 enables the City to create special service districts to provide more additional,
more complete, or more timely services of government than are provided in the City as whole, and
empowers the Council to utilize those revenues for beach and shoreline management and protection. A
geographical area must be identified aiid assessed a tax which is in addition to taxes assessed in other
areas of the City. The use of these fuiids must be directed to oiilv the area in which the tax is levied.
House Bill 881 of the 1992 Session of the General Assembly amended the above referenced State code
section to enable the City to assess a surcharge on lodging taxes. Specifically, "...the city council shall
have the power to impose a tax on the base transient rooin rentals, excluding hotels, motels, and travel
campgrounds, within such service distract at a rate or perceiitage not higher than five percent which is
in addition to any other transient room rental tax imposed by the city. the proceeds for such additional
transient room rental tax shaii be a special fund to be used only for the purpose of beach and shoreline
management and restoration."
RENOURISHMENT SCHEDULES AND EXPENDrrURES
Initial nourishment of Sandbridge beach is estimated to be iii Spriiig 1998. The initial nourishment and
subsequent renourishments will be cost shared on a federal-65% and city-35% basis.According to the
Army Corps of Engineers' estimates, the cost of the initial lioul-isliment will be between $8 and $9 miilioii.
For the purpose of this report, the $2.8 niillion returned froiii tiie State will satisfy the City's share of
the initial ilourishment costs.
Future renourishment costs are estiniated to be approxiiiiately $5 iuillion per eveiit, requiring
approximately $1.8 millioii from the City. According to tlie Arniy Corps of Exigincers, the worst case
scenario assumes beach erosion due to storiiis aiid tidal activity lias beeii above iiornial. Uiider tliis
scenario, renourishment of Sandbridge beacii could I)e re(juired oii a two-year cycle. Tlie best case
scenario assumes less beach erosioii, aiid renourisliment would be required every three years. A
potentially "most likely", or mid-poiiit scenario would require aii alternatiiig two-year and three-year
renourishment cycle. All three alternatives are analyzed iii tliis report.
REiVENUE SOURCE@S
Special Servic There are two poteiitial sources of special service district revenues
from Sandbridge -, a surcharge on the real estate tax aii(i a surcliarge on the lodging tax. The FY 1994/95
real estate tax rate is $1.14 per $100 assessed valuation, and tlie FY 1994/95 lodging tax rate is $0.055
per $1.00 of lodging revenue collected.
R@ Estate Tax Surcharge. According to the Real Estate Assessor's Office, the FY 1994/95
estimated assessed value of privately owned real estate iii Sandbridge is $195,502,378. Total taxes
generated from this assessmeiit are estimated at $2,228,727. Each additional $0.01 of taxes would
generate $19,550 annually.
Lodging Tax Surcharge. According to the Cominissioner of Revenue's Office, lodging tax
collections from Sandbridge iii 1993 (taxes posted on a full calendar year basis) totaled $360,474.
Each additionai $.01 of lodging tax would generate an estimated $65,541 annually.
Cit Share. The City will be benefitting from beach nourishmeiit since City facilities aiid infrastructure
will be further protected from erosion or storm damage. Providing a pay-as-you-go share to the special
service district fund recognizes tliis I)etiefit. Accordiiig to the Public Works\Mappiiig Bureau, 25% of
the total service district area is owned by the City. This includes such parcels as Little Island Park,
Sandbridge Beach Parking Lot, the water tower, and all rights-of-wav.
TGIF LodLiiig Taxes. Currently, $.02 of the $.055 lodging taxes are dedicated to the Tourisni Growtli
Investment Fund. Redirecting the revenue generated at Sandbridge from this dedicated tax recognizes
the long-range benefit of beach nourishment to Sandbridge's lodging business. The $.02 dedicated to
TGIF generated from Sandbridge lodging is $131,082 aiiiiuall@.
Interest Earnin s. All interest earned oti deposits generated fi-om special service district revenues are
required to be used in the service district. This analysis assumes the special service district is established
2
January 1, 1995, and revenues will be collected and accumulated prior to the first scheduled expenditure
from the fund for renourishment. liiterest earnings are calculated at 3% of the previous year's fund
balance.
FUTURE REVENUES
Real Estate Tax Surcharge. No increase in real estate assesuients at Sandbridge were programmed until
the year following the initial beach noursihment, at which time assessments were increased by
approximately 3.8%. The annual growth rate every year thereafter was calculated at 3%.
Lod in Tax. While it is not possible to estimate the full impact of beach nourishment on Sandbridge's
lodging industry, for this analysis, a 3% annual growth rate has beeii applied to the lodging tax surcharge
and the TGIF lodging taxes, which is consistent with other forecasts.
Cit Share. Any increase from either the real estate tax surcbarge or the lodging tax surcharge will
result in an increase from the City equal to 25% of the additioiial i-evenues.
SCENARIOS
The attached analysis forecasts revenues and expenditures for three scenarios over a fifty-year period.
Each scenario is based on the same set of basic assumptions (see attached), the goal being to end the fifty-
year period with a modest positive fund balance, and no negative fund balance in any single year. For
each scenario the City's share is 25% of the real estate and lodging tax surcharge revenues. The $.02
TGIF lodging tax revenues are also included in each sceiiario.
cenario 1. Renourishment would be required every three years, and is considered by the Army Corps
of Engineers as the best case scenario. At the end of the 50-year period, a $2.6 million fund balance is
estimated. In order to fund this scenario, the following surcharge rates would be required:
Real Estate Surcharge: $.06
Lodging Tax Surcharge: $.025
cenario 11. Renourishment would be required every two years, and is considered by the Army Corps
of Engineers as the worst case scenario. At the end of the fifty-year period, a $1.2 million fund balalice
is estimated. In order to fund this scenario, the following surcharge rates would be required:
Real Estate Surcharge: $.12
Lodging Tax Surcharge: $.04
Scenario 111. Renourishment would be required on an alternating two and three year cycle. The first
renourishment would be required three years after initial nourishment, then two years thereafter, and
alternating throughout the period. At the end of the period, a fund balance of $2.4 million is estimated.
In order to fund this scenario, the following surcharge rates wotild be required:
Real Estate Surcharge: $.IO
Lodging Tax Surcharge: $.025
3
CONCLUSIONS
Based on the data available and the assumptions stated, implementation of a special service district at
Sandbridge effective January 1, 1995, will likely insure the accumulation of sufficient revenues to meet
long range needs for each of the three scenarios. If it is the pleasure of Council to proceed with a special
service district, whichever scenario is chosen for initial implenientation should be reviewed every rive
years for any adjustments in rates which might be needed.
Submitted By: Reviewed By:
Departinin-t of Mangement and Budget
Date: Is /7q
Attachments
Assumptions
Base Revenue Calculations
Revenue/Expenditure Analysis
Potential Sandbridge Special Service District Map
cc: Jeraid D. Banagan
Robert P. Vaughan
Ralph A. Smith
4
SANDBR]IDGE SPECL4,L SERVICE DISTMCT
ASS ONS
The following assumptions provided tlie basis for the aiialysis:
0 All necessary legal requireinents to establisli a special service district have been met.
0 The boundaries of the sl)ecial service district are iiortli to Daiii Neck Naval Facility,
south to the wildlife refuge, and west to Back Bay. (See Attaclied Map.)
0 All necessary steps to establish a public beach liave been acconiplished.
a The City, as a primary owner of real estate and infrastructtire improvements in
Sandbridge, should share in providing reveliue to tlie fulid.
0 The special service district will be created effective Jaiiuary 1, 1995.
0 The City will receive $2.8 ntillion from th(, State, sufficient for the City's share of
initial nourishment.
0 Initial nourishment of Sandbridge beach will be iii the Spring of 1998.
0 The City's share of renourishment costs will be $1.8 iiiillioii per event.
0 Inflation for renourishment costs is 3% per year.
0 Growth in lodging taxes is 3% per year.
0 Growth iii real estate taxes is 3.8% the rirst year aftex- initial iiourishment, and 3%
every year tliereafter.
SANDBRIDGE SPECIAL SERVICE DISTRICT
BASE REVENUE CALCULATIONS
REAL ESTATE TAXES
FY 1994/95 SANDBRIDGE ASSESSMEN-F $195,502,378
FY 1994/95 TAX RATE PFR $1 00 VALUATION 1.14
TOTAL FY 1994/95 ESTIMATE[) TAXI=-S $2,228,727
EACH $.01 TAX GENERATES $19,550
LODGING TAXES
ACTUAL CY1993 COLLECTIONS
(BASED ON $.055 PER $1.00 REVENUE) $360,474
EACH $.O11 TAX GENERATES $65,541
TOTAL TGIF LODGINGTAXES ($0.02) $131,082
CITY SHARE
TOTAL PROJECT BOUNDARY ACREAGE 1,152
TOTAL CITY ACREAGE 294
CITY ACREAGE SHARF 25%
~ILU
ul
e,6
,u
L4
ui
LLJ 6 w
LU
i
a3
Ix
WO
>-
w
0 LU
w L-
zor
W U
.4 ZO
L
.W> 8L z
(L
0 ce !9 x Z.@ 0 x 0
Z. w <
ox@
z
z z
ui w z o
z z
W 0 - . 3 @ W;i Z)
< ui
0 w <
Z 0 0
z
, U) 0 @- , Z
I,U
Z
LLJ
uj q
Ix -R
dog d
Lu
ui
ui
w
WWO
>- >- ,
zor-@ zorg,
W>cu
Zw@
-M z. W.L 0. 0 x
'05
z
LLJ
LU
MAY 3,1994
APPROX. SCALE. /"- EJOO'
Clfy of Vlrglnlo Beach
POTENTIAL
SANI)BRIDGE SPECIAL
TAX DISTRICT
C/ty Property
A T L A N T I C 0 C E A N
8 A C 8 14 r
Lime lsl,7nd Pak
Back Boy Wildlif
18 -
NEW BUSINESS ITEM # 38054
COUNCIL-SPONsoRED ITEMS
'he foll-ing registered in SUppORT of moving the traffic light and entrances at Elizabeth River Shores:
Mills JOhnson, 413 South Military Highway, Phone: 420-1513, represented the EILabeth River Shores
Civic League, owner of the residence at the north entrance
John M. Sadler, Jr., 505 South MilitarY flighway, Phone.- 420-0-961, Iresident - EILabeth River Shre,
Civic League
Roger Stanus, 3525 North Crestline, Phone: 424-5622,
June Thurston, 3456 South Crestline Drive, Phone: 420-2135
Cheri Anne DewberrY, 3530 Sale Drive, Phone: 420-3742, President - Elizabeth Rier Shres Garden
Club.
7he foil-ing registered in OPPOSITION.-
Carl T Wells, Jr., 400 South Military Ilighway,, Phone: 420-1130, (;eneral Manager - Wayside Motor
Inn
77,e residents advised when the community was, designed, a serious mistake was made in the placement
of the only two entrances. 7hey were not put at the two streets that are perpendicular to Military
HighwaY- Instead the openings face the homes located there. 7he residents are requesting that the north
entrance, with the trafflc light be moved south only a distance of four houses to Broclanan Avenue and
the south entrance be moved to the north only a distance of four houses to Dyer Place. 7he Military
Highway Widening Project adversely affected the neighborhood 7he Plans were introduced to the
homeowners in 1992 and called for the entrances to be moved Since then the plans have been changed
nuinerous times and without notice to the propi?rty owners.
Petitions in SUPPORT of moving the entrances to Dyer and Brockman are hereby made a part of the
record.
Ralph &mtk Director of Public Works, and John Herzke, City Engineer, reviewed the current plan with
the use ofplats. As a result of this issue, a new policy has been adopted regarding any significant change
in a contmunity will require wriuen notification by City Staff. Because of the cost, the request is 5-years
after the fact and safety issues, the City 5taff has determined the best location of the light is the one
proposed by the State.
BY CONSENSUS, City Council INSTRUCTED STAFF t() meet with citizens and businesses; ani4 present
report to Council re:
VDOTIMilitary Highway Widening Project
Elizabeth River Shores Civic League
(Sponsored by: Councibnan John D. Moss)
June 7, 1994
19 -
NEW BUSINESS ITEM # 38055
COUNCIL-SPONSORED ITEms
7he following expressed concerns reproposed landscape ordinance scheduled for the City Council Session
of June 14, 1994. 7he Committee has not had the opPortunitY to examine the proposed Ordinance:
Johnnie S Miller, 4750 Post Oak I)rive, Phone: 467-1549, reprevented the Virginia Beach Beautification
Commission
Robin Barefiel,4 2570 Oceanshore Avenue, Phone: 481-1974
BY CONSENSUS, City Council requested the Landscape Ordinance SCHEDULED for the City Council
Session of June 14,1994, be DEFERRED FOR A FUTURE CITY COUNCIL SESSION.
THE VIRGINLI BE,4CH BEAUTIFICATION COMMISSION
Concerns re: 77ie Landscape Ordinance
(Members of the Commission to be sponsored by
Council Lady Parker)
June 7, 1994
- 20 -
NEW BUSINESS ITEM # 38056
ADD-ON
M@Yor @-- fistributed Perfor-n- Evaluation Forna for each City Council Appoint., to b,
C-pleted by M-bers of City council and returned to the Mayor or rice Mayor by June 14, 1994.
June 7, 1994
21 -
NEW BUSINESS ITEM # 38057
ADD-ON
-ce Mayor --re ested the Ci Ma ge
IVI qu tY r SCHEDULE for e Ci
994, J n AStesn-n, Ci na th tY Council Session of June 14,
Ta.res. oh ki tY Treasurer, to brief City Council on the process of billing per,,nal prprty
1',ce Mayor Sesso_ has had numerous requests for flexibility n the payment of the Personal Property
Taxes.
June 7, 1994
- 22 -
Item I-L.I.
ADJOURNMENT ITEM # 38058
Vice Mayor Sessonw DECLARED the Meeting ADJOURNED at 5:45 P.M..
(0@ - ---------- -------------------------
Beverly 0. Hooks, CMC William D. Sessoms, Jr.
Chief Deputy City Clerk Vice Mayor
------ ------ -------------------
@th Hodges &nit/4 CMCIA,4E Meyera P. Oberndarf
City Clerk Mayor
City of Virginia Beach
Virginia
June Z 1994