JULY 12, 1994 MINUTES
"WORLD'S LARGEST RESORT Crry"
(:ITY (@OUNCIL
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CITY COUNCIL AGENDA
JULY 12, 1994
1. CITY MANAGER'S PRESENTATIONS - Council Chamber - 11:00 AM
A. COMMUNITY ORGANIZATION INCENTIVE GRANTS (COIG)
Mrs. Priscilla Beede, Chairman, Review and Allocation Committee
B. VIRGINIA BEACH RESERVATION SERVICE
Mr. James Ricketts, Director, Convention and Visitor Development
C. RUDEE INLET DREDGING
Mr. Ralph Smfth, Director, Public Works Department
Ii. INFORMAL SESSION - Council Chamber - 12:00 NOON
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
ill. FORMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdort
B. INVOCATION: Reverend Franklin T. Jennings
Knotts Island United Methodist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1 . SPECIAL SESSION July 5, 1994
2. INFORMAL & FORMAL SESSIONS July 5, 1994
G. CONSENT AGENDA
All mafters 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, ft will be discussed and voted upon separately.
1 Resolution to direct the Director of Finance to pay Patricia A. Crane the value of her
respective Minibond No. R-0031 vaiued at $1,500, principal and interest accrued on the
date of maturity without replacing the lost Minibond.
2. Ordinance to AMEND and REORDAIN Sections 21-376, 21-377 and 21-378 of Ow Code
of the City of Virginia Beach, Virginia, re designation, removal and disposal of
Inoperative, unaftended and abandoned vehicles.
3. Ordinance to AMEND and REORDAIN Chapter 21, Sections 21-419, 21-421, 21-422,
21-425, 21-426, and 21-429 of the Code of the City of Virginia Beach, Virginia, re Tow
Trucks, signs and rates applicable thereto.
4. Ordinance to authorize the City Manager to TRANSFER $1,328 from the General Fund
Reserve for Contingencies to the Department of Social Services' FY 1994-1995
Operating Budget re reimbursing three (3) City employees for legal fees in their defense
of a criminal investigation.
5. Ordinance to TRANSFER $30,000 from the FY 1994-1995 Reserve for Contingencies to
Emergency Medical Service's Operating Budget re purchase of two (2) replacement
vehicles totaled in accidents.
6. Ordinance to TRANSFER $15,000 from the FY 1994-1995 Reserve for Contingencies to
the Police Department re purchase of a replacement vehicle for the Homicide unit
totaled in an accident; and, any reimbursement of funds to the City will be returned to the
Reserve for Contingencies.
7. AUTHORIZE the City Manager to execute an agreement between the City of Virginia
Beach and the Virginia Department of Transportation (VDOT) re improvement of 0.753
mile of South Plaza Trail within Virginia Beach from 0.008 miles East intersection of
Princess Anne Road to 0.008 miles West intersection of South Independence Boulevard
(KEMPSVILLE BOROUGH).
8. Ordinance to authorize tax refunds in the amount of $6,360.79.
H. ORDINANCE
1 . Ordinance to TRANSFER $50,000 from Project #2-075 Rosemont Road Phase IV to
Project #2-084 VDOT/Military Highway to incorporate construction modifications
requested by residents and area businesses as described in Option #4; and, AUTHORIZE
the City Manager to enter into the necessary agreements (KEMPSVILLE BOROUGH).
1. PUBUC HEARING
1. PLANNING
a. Application of DOUGLASS K PATTERSON, LUCIUS J. KELLAM, Ill, MILDRED
M. SCARBOROUGH, MARGARET M. YOUNG and CAROLYN M. ROGERS for
the replacement of a single-family dwelling and nonconforming use in the AG
Districts on 600 acres more or less at the terminus of Stuart Road (PUNGO
BOROUGH).
Recommendation: APPROVAL
b. Application of JACK RABBIT/HOLLAND ROAD for a Conditional Use Permit for
min*-warehouses (e on the West side of S. Rosemont Road, South of
the Virginia Beach-Norfolk Expressway (1 89 S. Rosemont Road), containing 5.216
acres (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
C. Application of %MLUAMS HOLDING CORPORATION for a Condltional Use Permit
for a bulk sto on the West side of Military Highway, 210 feet North of
Alexandria Avenue, containing 54 acres (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
d. Application of ROBERT VALUAMS for a P for a
occupation (making oomputerized sians) on the South side of Davies Court, West
of Carew Road (3521 Davies Court), containing 5850 square feet (KEMPSVILLE
BOROUGH).
Recommendation: APPROVAL
e. Applications of R. G. MOORE BUILDING CORPORATION re property at the
Southern extremity of Pleasant Valley Road, 651.54 feet South of Northvale Drive
(KEMPSVILLE BOROUGH):
(1) Variance to Section 4.4.(b) of the Subdivision Ordinance which requires all
lots created to meet all requirements of the City Zoning Ordinance.
(2) Conditional Chanae of Zoning Digtrict Classification from
District to R-5D Residential Duplex District for single-family residential
land use on lots no less than 5,000 square feet on parcel containing
16,209 square feet.
(3) Cond'tional Chanae of Zgning D4strict Classification from 'I
District to R-7.5 Resident'al District for single family residential land use
on lots no less than 7,500 square feet on parcel containing 7.012 acres.
Recommendation: APPROVAL
f. Application of LYNN, LTD., for a Change of Zonuna D*strict Classification from
10 Residential District to B-4 Resort Commercial District South of Shore Drive
beginning at a point 350 feet more or less East of Vista Drive (3249 Shore Drive),
containing 2.85 acres (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
9. Application of McGINNIS REALTY & DEVELOPMENT COMPANY for a Chanae
of Zonina Distr'ct Classif lcation from R-20 Residential District to B-Z.5 Residential
District for single-family residential land use on lots no less than 7,500 square feet
on the East side of General Booth Boulevard, 292.18 feet South of Red Mill
Boulevard on parcel containing 1 1.1 acres (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
h. Application of the CITY OF VIRGINIA BEACH/PUBUC WORKS DEPARTMENT
for a Cond*tional Use Permit for a landfill, bulk storage anei
ylW on the East side of Oceana Boulevard, 3020 feet North of Credle Road (420
Oceana Boulevard), containing 13.562 acres (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
1. APPOINTMENTS
EROSION COMMISSION
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HAMPTON ROADS PLANNING DISTRICT COMMISSION
HISTORICAL REVIEW BOARD
SOCIAL SERVICES BOARD
TIDEWATER COMMUNITY COLLEGE BOARD
TIDEWATER-REGIONAL GROUP HOME COMMISSION
TIDEWATER TRANSPORTATION DISTRICT COMMISSION
VIRGINIA BEACH CRIME TASK FORCE
VIRGINIA @CH TOWING ADVISORY BOARD
J. UNFINISHED BUSINESS
K. NEW BUSINESS
L. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing Impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Dea@
7/7/94bap
AGENDA\7-12-94.PLN
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
July ]Z 1994
Mayor Meyera E. Oberndorf called to order the CITY @AGER'S BRIEFING to the TIJRGINL4
BF-4CH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July ]Z 1994, at
]]:00 A.M.
Council Members Present:
Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Mayor
Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms,
Jr. and Louisa M. @trayhorn
Council Members Absent:
John A. Baum [ENTERED: 12:15 P.M. -
ATTENDING FUNERAL]
Linwood 0. Branch, III [P,@NTEREI): ]]:22 A.M.]
Louis R. Jones [OUT OF C17Y ON B USINE@
John D. Moss [OUT OF CITY ON NAVY BUSINESS]
Vice Mayor Sesso?w, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters
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 Banl; with the exception of the application of Jack
RabbitIHolland Road for a Conditional Use Permit on which he has ARS7AINED. 7-he rice Mayor
regularly makes this Disclosure as he may or may not know of the Bank's interest in any application that
may come before City CounciL ;'ice Mayor Sessoms' letter of July 12, 1994, is hereby made apart of the
record
WtLLIAM D SESSOMS, JR 8M GREE-REE ARCI
VICE MAYOR RGI@'A BEACH, VIRGINIA 2@ll
(8.@) @13 3W@
July 12, 1994
Mrs. Ruth Hodges Sniith, CMC/AAE
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Conflict of Interests Act
Dear Mrs. Smith:
In accordance with my letter to you dated August 10, 1993, 1 have thoroughly
reviewed the agenda for the July 12, 1994, meeting of City Council for the purpose of
identifying any matters in which I might have an actual or potential conflict under the
Virginia Conflict of Interests Act. Based on diat review, please be advised diat, to the best
of my knowledge, with the exception of the apphcation of Jack Rabbit/Hofland Road for a
conditional use permit on which I absltined, there were no matters on the agenda in which
I had a "personal interest, " as defined in the Act, either individually or in my capacity as an
officer of Central Fidelity Bank. Accordingly, I respectftjily request that you record this
letter in the official records of the Council.
Thank you for your assistance and cooperation in this matter.
Very truly yours,
W,I,A.
Vice-Mayor
WDS,Jr./clb
2
CITY MANAGER'S BRIEFING
COMMUNITY ORGANIL4TION INCENTIVE GRANTS (COIG)
11:00 A.M.
ITEM # 38195
Priscilla Beede, Chairman - Review and Allocation Committee, distributed copies of her report for the
agenda package which are hereby made a part of the record.
COIG was formed on February 1, 1993, and consists of nine (9) members, with Council Members John
Moss and Robert Dean as L@ons. COIG funding is designed to provide incentive fiinding to develop
new services or capital improvements to meet specific needs of residents and to complement services
provided by City Departments. With the exception of those agencies, which request funding through the
Arts and Humanities Commissiom this is the only process by which outside agencies can request funding
from the City. A goal of the program is to encourage community support, so that these endeavors can be
@ed from other sources. Each agency is reminded of the need to develop alternative mechanisms for
funding in the future. 7he Committee revised the guidelines this year to specify categories of grants:
Category One Funding: All new funding granted in FY 1994-95 and
will be granted annually for not more than 2 years.
Category Two Funding: Granted prior to FY 1994-95 and will be
phased out over the next five years, but not lat(@r than 1998-99.
77te process by which the grant payments are made, after the grants are awarded, was also revised. Up
to June 1994, payments were made on a quarterly basis and under the new revised guidelines, two
payments will be made. 77ie first payment of 80% of the grant will be paid in July at the beginning of the
Fiscal Year. Second payment of 20% will be paid in June at the end of the Fiscal Year. Grant recipients
will provide financial and service delivery reports in December and June which will report the agencies'
activities. 7his will save considerable paperwork and staff time for the City and the grant recipients will
maintain sufficient fiscal and reporting controls to protect the City's funding.
Each application is reviewed by the committee members and each agency is provided an opportunity to
be interviewed by the Committee. Prior to reviewing the applicants, the City Manager will provide the
Committee with the amount of funding he is planning to recommend to Council for the grant program.
77tis assists in determining final allocations. City Council then appropriates a block of funding for the
program with the adoption of the Operating Budget. After the Operating Budget has been adopted and
allocations are deter?nined by the Committee, but not later than July 1, a letter is sent to each agency
announcing the final grant amount awarded by the Committee. Each applicant agency is required to
submit certain documents in order to qualify for the grant and receive payments. Ihese documents include
a statement of the agency's not-for-profit 501(c) (3) status, the IRS 990 Tax Return Form, Annual
Audi4 By-laws, Mission Statement, Charter and a list of the Board of Directors. If any of the required
documents are not provided by a certain deadline, the application is disqualified
Some of the new initiatives funded in FY 1994-95 in(7lude:
Beach Health Center: Partial funding for a Women's Health Initiative
with funding provided for cervical and breast cancer screening.
Volunteers of America: Funding for a passenger van.
Celebrate Life City-Wide: Funding to expatid drug free graduation
activities to all Ci@y high schools.
Girl Scout Council: ';tart-up costs for scout troops in Williams Village.
Department of Health: Renovation and start-up support costs to
renovate a trailer to pravide elementary sch(@l children with dental
services.
July 12, 1994
- 3 -
CITY MANAGER'S BRIEFING
COMMUNITY ORGANIL4TION INCENT@ Gk4NTS (COIG)
ITEM # 38195 (Continued)
Mrs. Beede &Woduced Dr. Dan Dickinson to present detailed information relative the dental trailer
funded through the COIG program. Dr. Dickinson advised Dr. Lewis Guarnieri has been the Public
Health Dentist since 1979 and has already established two school based dental sites within the City. A
year ago, Doctors Dickinson and Guarnieri contacted Carol Flack, Registered Nurse with the Virginia
Beach City Schools. Mrs. Flack randomly selected twelve elementary schools and one second grade
classroom within those schools to be the recipient of the questionnaires re dental care.
9% had never been to see a Dentist.
19% had not been to a Dentist in the past year
9% were having tooth pain as a sign of dental decay
Of those children on free and reduced lunch:
I in S had never been to a Dentist
40% had not been for an annual check up
Dr. Dickinson cited the followitig reasons for inability to visit a Dentist:
Approximately 54% of the children cited economic reasons
17% did not have transportation
12% were afraid of the Dentist
10%, or less, had recently moved into the area
77tere are 9,450 children in Kindergarten through Seventh Grade on the free and reduced lunch
program. Of those, appraxinwtely 3,900 have not seen a Dentist in the last twelve months and 1800 have
never been to the Dentist. A Volunteer dental program with a school base site and a certain number of
the 300 Dentists in Virginia Beach would provide one volunteer day per year in a School Based Trailer
for preventative and restorative care. Dr. Dickinson cited the five schools in the most need: Cooke,
Lynnhaven, Shelton Park, Birdneck and Holland Elementary Schools.
Dr. Guarnien displayed slides depicting a dental trailer behind Newtown Elementary School, as well as
a traikr to be procured from the Eastern Shore. 7his will be utilized as a mobile trailer to be moved from
school-to-school. 7hirty-five (35) dental volunteers are already available. Logos of the Virginia Beach
City Seal will be on one side of the trailer, as well as the Tidewater Dental Association and Virginia
Departtnent of Health Logos to depict the cooperation of the entities. Aere is a dental traiter already in
existence behind Seatack Elementary.
Mayor Oberndorf extended appreciation to Chair Priscilla Beede, Reverend Darryl Scott, Doctors Dan
Dickinson and Lewis Guarnieri, Irvin Beard, Van Cunninghaim Timothy Jackson, R. Patrick Dean, Robert
L. Stein, John Nazzaro and Council Members Moss and Dean for their unselfish services on behalf of
these most critical issues.
July 12, 1994
- 4 -
CITY MANAGER'S BRIEFING
VIRGINL4 BEACH RESERVATION SERHCE
11:30 A.M.
ITEM # 38196
James Ricketts, Director - Convention and Visitor Development, advised ne City of Virginia Beach
Department of Convention and Visitor Development, through the Visitor Information Center, is
responsible for handling all requests for information by individuals and groups interested in coming to
the City. Over 300,000 requests for information were processed in Calendar Year 1993 with
approximately 165,000 of those requests being handled by the Visitor Center's Tekcommunications
Networ)L Additionally, another 160,000 requests were processed from mail inquires and periodical
mailing lists. 77te staff at the Center routinely answers questions pertaining to attractions, events, weather
conditions, dining and lodging in the City. 7he Departinent recognized that providing potential visitors
with the ability to make lodging reservations over the phone will provide the visitor with an enhanced
level of customer service, not only by providing a new service, but also by improving the level of efficiency
of the current telecommunications system, and will provide the hospitality industry in the City with the
potential for added services and realizing additional revenues. Discussions with other Cities has led the
Depar@nt to conclude that the most effective and efficient way to provide this service is by contracting
with a private sector reservation service. Such services are currently used by a number of resort
communities similar to Virginia Beach including, Colonial Williaimburg, Ocean City, Myrtle Beach,
Houston, KissimmeelSt. Cloud, and St. PetersburgIClearwater, Florida. 7he staff requested direction to
proceed with an RFP to contract out portions of the City's inquiry process with a private sector vendor
and provide a City-wide reservation service.
7he recommendation to provide this service via a private contractor has led to the following two policy
issues the depar@nt asked to be resolve&
A. Contracting out portions of the City's inquiry process with a
private sector vendor.
B. Developing a revenue sharing program through which revenue
from the vendor can be shared with the Department of
Convention and Visitor Development and the Virginia Beach
Hotel and Motel Association. It is recommended that the
revenue sharing be on a 213 to 113 split with the City receiving
the larger share.
Ron KuhLnan, Director of Marketing Sales, advised the recommendation is to provide potential visitors
with an enhanced level of customer service and to provide the City hospitality industry with the potential
for adding additional services while realizing incremental revenue for the City.
7here is currently a local firm providing reservation service for some selected hotels in Virginia Beach
which has been encouraged to bid on this contract. A DRAFT RFP is hereby made a part of the record.
In the proposed operations, the system becomes much more streamlined 7he customer will receive a live
operator during peak periods of the day for either information fulfillment or the reservation.
Mr. Kuhbnan advised the following services will continue at the Convention Center: mailing label
prograna, golf and honeymoon packages, weekly inquiry reports and the walk-in and specific
information assistance will be enhanced Ihe two full time staff and the five part-time staff will be able
to spend approximately 95% of their time dealing with thc consumer.
Ihe proposed program also entails a conventionlhousing componcnt. 7here is a housing bureau operated
within the Convention and Visitor Development Departinent, which handles room blocks for meeting
planners. The system is manual and paper and time intensive; and, therefore does not serve the customer
well. 7his service is outdated The new method will involve only a fraction of time.
July IZ 1994
- 5 -
CITY MANAGER'S BRIEFING
117RGINL4 BF,4CH RESERVATION SERI,7CE
ITEM # 38196 (Continued)
Subcontracting with a system providing live bilingual operators will replace the old Voice Mail system.
7he vendor will recezve compensation from the reservations through a commission that will be paid by
the Hotels to the subcontracted vendor. Impartiality must be demonstrated in the RFP.
Mayor Oberndorf advised this presentation will be continued with further questions and responses at the
conclusion of the Formal Session. Ilenry Richardson, President of the lIotellMotel Association, will also
be in attendance.
July 12, 1994
- 6 -
CITY MANAGER'S BRIEFING
RUDEE INLET DREDGING
ITEM # 38197
12:03 A.M.
Carl 7horen, P.E., Beach Management Engineer, advised until appraximately four years ago, the
maintenance of the channel in Rudee Inlet was done almost entirely by the City with the City dredge. On
occasion, there was a need to dredge by contract. In 1991, the City was fortunate to have the Corps of
Engineers participate Ln an annual maintenance dredging of Rudee Inlet. 7he Corps would hire a private
contractor who would clean out the Inlet to a certain designed standard. All of this work would be
completed prior to Memorial Day. For the past three years, the City has managed to accomplish the
dredging the way it was intended to be. 7his year, however, has been different. 7lie dredging was not
accomplished in the Spring. In February, the City was advised by the Corps that federal funding had been
redirected to a more @rtant project in the Philadelphia District. Bids were opened at the Norfolk
District Corps of Engineers on March 2Z 1994. 7hrough Congressnwn Pickett's efforts, funds were
reinstated to the Norfolk District. Normally, the contract would have been awarded and the work
completed by now; however, the disqualification of the low bidder and several bid protests have delayed
the award. 77te contract is administered by the Corps of Engineers; an4 as suc,% is subject to a myriad
offederal procurement policies and regulations which have complicated timely resolution of the bid issues.
7he Norfolk District has finally resolved all of the protests and is now prepared to award the contact.
After discussio?; the District Engineer and City Manager have agreed to delay the award of the contract
until July 21, 1994, on which date the contractor's bid price expires. 7he purpose of the delay is to get
as far as possible through the tourist season before the dredging contract impacts beach use and also
to allow consideration of the alternatives available tt@ the Ci
Mr. Thoren advised the three options:
(1) Proceed with the award of the contract on July 21 and have
the contractor immediately begin work on Rudee Inlet. 7-he
contract includes a bid item for a daily unit rate for standing-
down, allowing us the flexibility at city expense, to have the
contract clear the beach and channel for scheduled events such
as the Labor Day festivities. 7he contract unit price for stand
down is $1 1, 000 per day.
(2) Proceed with the award of the contract on July 21 and
immediately enter into negotiation with the contractor to defer
mobilization until after Labor Day. 7his will eliminate conflicts
with Labor Day beach events, but will conflict with the Neptune
Festival and could be extremely expensive. The standing-down
during the entire deferment period could cost the City more
than $5(W),000.
(3) Request the Corps of Engineers not award the contract. 7'his
would need to be done prior to July 21. 7his alternative would
eliminate all conflicts with beach events; however, several
consequences should be considered. Navigation over the sand
bar may become increasingly difficult under low tide
conditions. Secondly, the Corps has advised that selection of
this alternative may give the false impression the City iv not
seriously concerned with the maintenance of Rudee Inlet which
may jeopardize future federal funding.
7he City Staff recommends Option 2: Proceed with the award of the contract on July 21. A formal change
to a Federal contract cannot be made before it is awarded.
BY CONSENSUS, the majority of City Council supported Option 2, based on same not involving
additional costs and the City could request the work be ceased during certain periods or the contract
could be canceled.
July 12, 1994
- 7 -
ITEM # 38198
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINL4 BE,4CH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 12, 1994, at 1:00 P.M.
Council Members Present.-
John A. Baum, Linwood 0. Branc& III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Mayor Meyera E. Oberndorf Nancy
K Parker, rice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Absent:
Louis R Jones and John D. Moss
July ]Z 1994
- 8 -
ITEM # 38199
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose:
PFRSONNEL AfA ITERS: Discussion or consideration of or interviews
of prospective candidates for employmen4 assignment, appointinent,
promotior4 performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2.1-344 (A) (1).
Appointments: Boards, and Commissions:
Erosion Commission
Francis Land House Board of Governors
liampton Roads Planning District Commission
Historical Review Board
Social Services Board
Tidewater Community College Board
Tidewater-Regional Group Home Commission
Tidewater Transportation District Commission
Ilirginia Beach Crime Task Force
rzrginia Beach T()wing Advisory Board
Water Task Force
PUBLICLY-HELD PROPERTY.- Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly -held property, or of plans for the future of an
institution which could affect the value ofproperty owned or desirable for
ownership by such institution pursuant to ,;ection 2.1-344(A)(3).
To-Wit.- AcquisitionIDisposition - liarbor Point Drive
Virginia Beach Borough
PROSPECT]-VE BUSINESS u Y Discussion concerning a
prospective business or industry where no previous announcement has
been made of the business' or industry's interest in locating in the
community pursuant to Section 2.1-344 (A) (5).
Upon motion by Vice Mayor Sessontv, seconded by Council Ladv 51rayhorn, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W
Harrison, Jr., Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy
K Parker, Vice Mayor Wzlliam D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones and John D. Moss
July ]Z 1994
- 9 -
FORMAL SESION
1,7RGINL4 BF,4CH CITY COUNCIL
July 12, 1994
2:00 PM.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINL4 BF,4CH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 12, 1994, at 2:00 P.M.
Council Members Present:
John A. Baum, Linwood 0. Branc,% III, Robert K Dean, William W
Harrison, Jr., Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy
K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Absent.-
Louis R Jones [OUT OF CITY ON BUSINEW
John D. Moss [O Lrf (JF CIIY ON NAVY BUSINESS]
INVOCATION.- Reverend Franklin T Jennings
Knoffs Island United Methodist Church
PLEDGE OF ALLFr.IAVI-F Tt) TMF S TATES OF AAFERICA
July 12, 1994
10 -
CERTIFIC4TION OF
EXECUTIVE sEssioN
ITEM # 38200
UP- -tion by Vice Mayor Sessoiw, seconded bY COuncil LadY StraYhorn, City Council CERTIFIED
THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS
Only public business matters lawfully -e-pled fi-om Open Meeting
requirements by Virginia law were discussed In I'@ecutive 5ession to
which this certification resolution applies;
AND,
OnlY such public business mauers as were identified in the motion
convening the Executive Sessio,, w- heard, discussed or considered by
rlrginia Beach City Council.
Voting: 9-0
Council Members Voti,,g Aye:
John A. Baum, Linwood 0. Brancl; III, Robert K Deam William W
Ha-IsOn, Jr-, Barbara M. HenleY, MaYor Meyera E. Obemdorf Nancy
K Parker, Vlce Mayor Wzlliam D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Louis R Jones and John D. Moss
July 12, 1994
4k,
ar,oialttttott
CERTIF'ICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 38199, Page No. 8, and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certiflcation by the
goveming body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting rcquirements by Virginia law were discussed in Exccutive
Session to which this certification resolution applies; and, (b) only such public busincss matters
as wcre idcntified in the motion convening this Executivc Session were heard, discussed or
considered by Virginia Beach City Council.
16th Hodges- Smith, CMC/AAE
City Clerk July 12, 1994
e I-F.
MINUTES ITEM 38201
UPOn motion by Vice Mayor Sessoms, seco,,ded by Council Lady Parker, City Council APPROVED the
Minutes of the SPECIAL SESSION as well as the INFO AND FORAL4L SESSIONS of July 5,
1994.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl4 III, Robert K Dean, William W
Harrison, Jr, Barbara M. flenley, Mayor Meyera E. Oberndorf, Nancy
K Parker, Vice Mayor William D. Sessoms, Jr and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Louis R Jones and John D. Moss
July 12, 1994
- 12 -
Item III-G.
CONSEArT AGENDA ITEM # 38202
UPOn motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED in
ONE MOTION, Items 1, 4, 5, 6 and 8 of the CONSEAIT AGENDA. Item 3 was DEFERRED
INDEFINITEL Y.
Items 2 and 7 of the CONSENT AGENDA wee pulled for a separate vote.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Mayor Meyera E. Obemdorf Nancy
K Parker, rice Mayor William D. Sessoms, Jr and Iouisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones and John D. Moss
July 12, 1994
- 13 -
Item III- G. I
CONSENT AGENDA ITEM # 38203
Upon mohon by Vice Mayor Sesso?w, seconded by Council Lady Parker, City Council AD40PTED:
Resolution to direct the Director of Finance to pay Patricia A. Crane the
value of her respective Minibond No. R-0031 valued at $1,500, principal
and interest accrued on the date of maturity without replacing the lost
Minibond.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; III, Robert K Deam William W.
Harrison, Jr., Barbara M. Henley, Mayor Meyera E Oberndorf Nancy
K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. ;trayhorn
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones and John D. Moss
July 12, 1994
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 assignable pursuant to the authorizing
7 Resolution adopted by City Council 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, Patricia A. Crane of 412 Granite Trail, virginia
13 Beach, Virginia 23452, has affirmed that she is the sole legal and
14 beneficial owner of certain of the Minibonds, numbered R-0031
15 valued at $1,500.00;
16 WHEREAS, the owner of this Minibond has also affirmed
17 that the said security has been lost or misplaced;
18 WHEREAS, this owner has complied with all legal
19 provisions to effect replacement of said security by providing an
20 appropriate affidavit; and
21 WHEREAS, John T. Atkinson, City Treasurer, has determined
22 that because of the non-transferable nature of the Minibonds, no
23 indemnities shall be required.
24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
25 OF VIRGINIA BEACH, VIRGINIA:
26 That the Department of Finance, the Registrar on said
27 Minibonds, is directed to pay to said owner the value of her
28 respective Minibond, Principal and Interest accrued, on the date of
29 maturity without the necessity of replacing the lost or misplaced
30 Minibond.
31 Adopted by the Council of the City of Virginia Beach,
32 Virginia, on the 12 day of July 1994.
33 CA-5638 SIONATIJRE
34 ORDIN\NONCODE\CRANE.RES
35 R-1 DEPARTAAE@4T
36 Prepared: 06/27/94
APPROVED AS TO 1,E(' AL
FORM
FFIDAVIT OF LOSS
STATE OF VIRGINIA
CITY/COUNTY OF Virgillia Beacll )ss.
-ne undersigned (hereinafter mlled "Deponcnt'), @ng duly sorn, deposes and says that:
(1) Deponent is an adult whose mailing address is
//1,1 q
u @ - -/2
,) v .4. gf@
and is the owner of or is acting in a representative or fiduciary capacity vith re@ct to certain securities (describe type
of security, identification numbr, nd number of shares or face alue)@
1991B General Obligatiolz Public Inil3tovet7zejit Mitiibolids,
Nunibers(s) P- 0 o '31 b @ /,
issued by City of Virgiiiia Be(icli, Virgiiiia
(hereinafter catied the "Issuing Corrx)ration") and registered in the nanic )f.
'g. (?,e.4@
(2) Deponent further says that the aforesaid securiiy or securities (hereinafter called the "Original",
whether one or more) have been lost, stolen, destroyed or misplaced under the followin-. circumstances:
(3) That said Original (was not) endorsed. (If endorscd, dewribe form of endorsemcnt and state
whether si-nature was @uaranteed.)
(4) Deponent has made or caused to be made diligent search for Original, and has t)een unable to
find or recover same, and that Deponent was the unconditional owner of Original at the time of loss, and is entitied to
the full and exclusive possession thereof, that neither the Original riot the rights of Deponent therein have, in whole or
in part, been assigned, transferred, hvpothecated, pledged or otherwise dispc)sed of, in any manner whatsoever, and that
no person, firm or corporation olher th@in Deponent has any right, title, claim, equity or interest iri, to, or respecting
Original or the prc>ceeds thereof, ex(:cpt as may be sct forth in Statemcni (5) following.
(5) (If Deponent's interest in the Original is in a reprewntati,e or fiduciary mpacity, indimic bcl(-
the designation of such capacity, i.c., Administrator, Executor, etc., and the title of the estate, as follo,,@):
Deponent is of the estate of
(Specify names of any other per@ns haing an iiiterest in (fte Original. List them below and indicate
the nature of their interest, such as heir, legatee, etc.)
NANIE IN-F-ERES-1
til RI
(6) Deponent makes this affidavit for the purpo.@ of requestin@. and inducing the Issuing Corporation
and its a-.ents to issue new securities in, or payment in lieu of, substitution for the Original.
(7) Deponent agrees that if said Ori-inal should ever comc iiito D@nent's hands, custody or po@er,
Deponent @ll immediately and ithout onsideralion surrender O@iginal to ]@@iiig C@)rwrition, its transfer agents or
subscription agents for cancellation.
(8) Signed, sealed aiid dated: 19 qj
S.orn to and subscribed t>efore me
this day of
19AA
@@ignature of t)eponent
NOTARY PUBLIC
(Aff3x Notarial Seal)
My Commission expires:
Sworn to and subscribed before nie
this day of
19
Signature of Deponent
NOTARY PUBLIC
(AffLx Notarial Seai)
My Commission expires:
- 14 -
Item III-G.2
CONSEA7 AGENDA ITEM # 38204
Upon motion by Councilman Deam seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Sections 21-376, 21-377 and
21-378 of the Code of the City of Virginia Beac,% Virginia, re
designation, removal and disposal of inoperative, unauended and
abandoned vehicles.
7he Ordinance will be brought back for possible reconsideration during an August City Council Session.
Ihe City Attorney will provide further clarification relative the language contained in the ordinance.
Voting: 8-1
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% III, Robert K Dean, William W.
Harrison, Jr., Mayor Meyera E. Oberndorf Nancy K Parker, rice Mayor
William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
Barbara M Henley
Council Members Absent:
Louis R Jones and John D. Moss
July 12, 1994
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTIONS 21-376, 21-377 AND 21-378
3 OF THE CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA PERTAINING TO THE
5 DESIGNATION, REMOVAL AND DISPOSAL OF
6 INOPERATIVE, UNATTENDED AND
7 ABANDONED VEHICLES
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That SectionS 21-376, 21-377, 21-378 of the Code of the City
11 of Virginia Beach, Virginia, are hereby amended and reordained to
12 read as follows:
13 Section 21-376. Abandoned, wrecked, junked, etc., vehicles
14 generally.
15 (a) Pursuant to the authority contained in sections 46.2-1201
16 and 46.2-1313 of the Code of Virginia, the provisions of Chapter
17 12, Abandoned Motor Vehicles, of Title 46.2 are hereby adopted and
18 ordained as ordinances of the city to the same extent as if set
19 out at length herein. Wherever the term "political subdivision-,
20 appears in the state law hereby adopted, it shall be construed to
21 mean the City of Virginia Beach, acting through its employees or
22 independent contractors.
23 (b) No person shall leave any partially dismantled,
24 nonoperating, wrecked or junked vehicle on any street or highway
25 within the city.
26
27 eity, iihether- as e1/2ine
28 allei@ any partially disma
29 disearded ve-lele te
30 eight (48) he
31
32 a vehiele
33 b'dil:ding, a ve
34
35 eperatien ef see.. ise, ei, a
3 6 apprepriate steraeje pl:aee er- depesiter-y faaititained in a laii@
37 plaee and ffianner- by the
38 @ (c) The chief of police and the dir-eetei- ef pabl:ie iier-!Es,
39 or any law enforcement officer fnember ef theil- depart
40 designated by thefn, is ar-e hereby authorized to remove or have
41 removed any vehicle left at any place within the city which
42 reasonably appears to be in violation of subsection (b) er (e) of
43 this section er- ef- sectien 24: 347 or which is lost, stolen or
44 unclaimed. Such vehicle shall be impounded until lawfully claimed
45 or disposed of_ as provided by section 21-378 (c) through (h).@
46 the eiiner's e)fpense.
47 @ (d) A violation of any provision of this section shall
48 constitute a Class 1 Misdemeanor.
49 Section 21-377. Open storage of inoperative vehicles on
50 residential, commercial or agricultural
51 property.
52 (a) It shall be unlawful and a Glass i faisdeffteaner for any
53 person, firm or corporation whether as owner, tenant. occupant,
54 lessee or otherwise, to keep, except within a fully enclosed
55 building or structure, shielded er sereened f-r-efft vi:e1/2@,
56 on any property zoned for residential, commercial or agricultural
57 purposes, any ffteter vehicle, tr-ailei= er sefftitr-ailer-F-which is
58 inoperative.
59 (b) As used in this section, an inoperative meter- vehiclet
60 trailer er s shall mean any motor vehicle, trailer or
61 semitrailer, as defined in Section 46.2-100 of the Code of
62 Virginia:
63 (1) Which is not in operating condition; or
64 (2) Which for a period of sixty (60) days or longer
65 has been partially or totally disassembled by the removal of
66 tires and wheels, the engine or other essential parts required
67 for operation of the vehicle; or
68 (3) On which there are displayed neither valid license
69 plates nor a valid inspection decal.
70 (c) Any joerson violating any provision of this section shall
71 be given a notice that the keeping of such inoperative vehicle
2
72 constitutes a violation which must be abated within seven days
73 from the date of such notice.
74 (d) Servi
75 shall be by first
76 conspicuous Place. The o f this section,
77 be defined as the owner of the inoperativ@vehic!le or if the owner
78 of the inoperative vehicle cannot be ascertained or r,adilv
79 located, the owner ty.
80 and inspectors of the delpartment
81 preservation are bereby authorized to deliver or post such notices.
82 (e) ailure of
83 into a fully enclosed structure or to remove such vehicle or
84 render such vehicle operable time Prescribed in
85 subsection (c) - above hall constitute a lass 1 misdemeanor and
86 each day thereafter itute a-
87 addit osed erp-
88 administrator or his designee may institute legal action to enioin
89 the continuing violation and may request that the chief of police
90 or hi move and dispose
91 Provided in section 21-378 h .
92 Should the cost of removal and disposal exceed the Proceeds C)f
93 sale as outlined - the additional cost of
94 disposal shall r of
95 the inoperative vehicle Perty and mav be collected by
96 the city. as taxes and levies are collected- and ever cost
97 autho ized by this section with which the owner of the Proiperty has
98 been assessed shall constitut
99 which the inoperative vehicle was inue
100 until of s been made the cit
101 (f) The owner or his agent maV,
102 remova... up to and including the twentieth da% claim
103 said e upon Payment of ]Dreservation
04 har es.
05 The provisions of this section shall not apply to any
06 business duly licensed to deal he bu
3
107 disas trailers or semitrailers, or the
108 temiporary stora@e of motor vehicles, trailers or semitrailers
109 await repairs, or any motor vehicle, trailer or semitrailer
110 which is designed or used primarily for agricultural or
ill horticultural purposes and which is kept upon a farm or other
112 property principally used for such purposes.
113
114 Section 21-378. Removal, storage and sale of certain unattended
115 vehicles--Generally.
116 (a) ;4hene
117
118
119
120 than.
121
122 ether- than the p
12 3 er- seraitr-aiier-,
124 pr-eper-ty er pr-i1/2-
125
126 er- semitr-ailer- the-
127 dir-eetien ef a
128
129 pii1/2,ately ei@ned
130
131 (a) law nforcement officer
1 3 2 safekeeping any motor vehicle trailer
33 combination thereof if:
34 (1) It is left nattended or has been nvolved in an accident
35 on a publ
36 the flow of traffic-,
37 (2)
38 (3) her
39 on Public or perty without the
40 ipermission p essor or occupant;
41 (4) t is immobilized on a ubl
42 condi.tions_ ency situation;
4
143 L5a
144
145
14 6
147
148
149
150 L6a
151
152 (b)
153
154 writtn re, the
155 @the persoi
or semitrailer
156 is removed frorn privately owned propert@, pursuant to thi, lection
157 shall indemnify the city against any loss or expenle incurred by
158 reason of the rernoval, storage or s,l,.
159
160
161
162
163
164
165 (4c) Each removal under this section shall
166 be reported immediately to the chief Of POlice, who shall give
67 notice to the owner of the Motor vehicle, trailer or semitrailer
68
as promptly as Possible.
69 The owner of such vehicle, trailer or semitrailer, before obtaininq
70 Possess"on thereof, shall pay to the city all reasonable costs
71 incidental to the removal, storage and locating the owner of the
72 vehicle, trailer Or semitrailer. Should such owner fail or refuse
3to pay the costs or should the identity or whereabouts of such
4owner be unknown and unascertainable, after a diligent search has
5been made and after notice to him at his last known address and to
6the holder of any lien of record in the office of the
7 tment Of fft-Motor v-Vehicles in Virginia against the motor
5
178 vehicle, trailer or semitrailer, the chief of police may, after
179 holding the motor vehicle, trailer or semitrailer f-eity (4E)) twenty
18 0 (20) days and after due notice of sale, dispose of the same at
181 public sale and the proceeds from the sale shall be forwarded by
182 the chief of police to the city treasurer-,. pr-ovided that, if the
183 value of s;aeh meter vehiele, tr-aiier er- sefritr-ailer is deter-m@
184 by thr-ee (3) disinterested dealer-s E)r- garaejefnen te be I:ess than ene
185 hufidr-ed fifty dellar-s iihieh 1/2veuld be inetir-red by @
18 6 aelvei-tisincj and publie sale, the veh@-- fftay be dispesed ef b!X
187 pr-ivate sal:e er jun)Eed. T-lie tr-easurer- shall pay fr-err the pr-eeeeds
188 ef sale the east ef r-efaeval:, steraeje, investicjatien as t-e e1/2iner-ship,
189 and liens afid netiee of sale, and the balanee ef sueh ftinds shai-I
190 be he3:d by ,fn --er- ---e- e1/2iner- and paid te the ei;ner- apen
191 satisfaetery pr-eef- ef e1/2iner-ship.
192 (@d) If no claim has been made by the owner for the proceeds
193 of a sale under this section, the remaininq funds may be deposited
194 to the general fund or any special fund of the city. Any such
195 owner shall be entitled to apply to the city within three (3) years
19 6 from the date of such sale, and if timely application is made
197 therefor, the city shall pay the same to the owner, without
198 interest or other charges. No claim shall be made nor shall any
199 suit, action or proceeding be instituted for the recovery of such
200 funds after three (3) years from the date of such sale.
201 (e) Notwithstanding the foregoing )provisions, any abandoned
2 02 vehicle which is inoiderable and whose fair market value is
2 03 determined to be less than the cost of its restoration to an
2 0 4 operable condition, may be dislposed of to a demolisher, without
2 05 title and without notification jorocedures, bv the citv or bV the
2 06 person on wh or in whose s
2 07 found. The demolisher, on taking custody of the inoioerable
208 abandoned vehicle shall notify the DeiDartment as provided bV Code
209 of vircrinia section 46.2-1205.
210 (f) Any personal property found in any unattended or
211 abandoned motor vehicle, trailer or semitrailer may be sold
212 incident to the sale of such vehicle pursuant to this section.
6
2 13 (g) In enforcing this section the police department shall not
214 utilize any tow truck service which is not in full compliance with
215 the requirements of division 3 of this article.
2 16 (h) The chief of police is authorized to adopt, with the
2 17 approval of the city manager, additional requirements for towing
218 services related to the safety and convenience of persons whose
219 vehicles are towed in accordance with this section.
22 0 Adopted by the Council of the City of Virginia Beach, Virginia
22 1 on the 12 day of July 1994.
222 CA-4436
223 \ORDIN\PROPOSED\21-ETSEQ.ORD
224 R-7
225 JUNE 23, 1994
226 Appr 7 ed as to Content:
22 7
22 8 li@ -r-of ing and 'Date
N@
,16f6 ous
229 hborhood Preservation
2 3 0 C,,f2, Vv@@
2 3 1 Chief of Police Date
7
- 15 -
m -G.
CONSEAT AGENDA ITEM # 38205
Upon motion by ;rice Mayor Sessona, seconded by Council Lady Parker, City Council DEFERRED
INDEFINITELY.
Ordinance to AMEND and PEOPDAIN Chapter 21, Sections 21-419,
21-421, 21-422, 21-425, 21-426, and 21-429 of the Code of the City
of rlrginia Beach, Virginia, re Tow Trucks, signs and rates applicable
thereto.
Voting: 9-0
Council Members Voting Aye:
JOhn A. Baum, Linwood 0. Branci4 III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Mayor Meyera F. Oberndorf Nancy
K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. ';trayhorn
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones and John D. Moss
July 12, 1994
- 16 -
.4
CONSENT AGENDA ITEM # 38206
UPO -t- by ce Mayor Sesso , seconded Co ncil Lady Parker, CitY CO-@lil ADOPTED:
r Ms by ,
Ordinance to authorize the City Manager to T@SFER $1,328 fro- the
General Fund Reserve for Continge,cies to the Department of Social
Serpices' Fy 1994-1995 Operating Budget re reimbursing three (3) City
employees for legal fees in their defense of , criminal investigatio,,.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% III, Robert K Dean, WIliam w.
Harrison, Jr., Barb- M Henley, Mayor Meyera E Oberndorf Nancy
K Parker, t-ice May,?r William D. Sessons, Jr. and Louisa M. Strayhorn
Council Members Voting Nay
None
Council Members Absent.-
Louis R Jones and John D, Moss
July 12, 1994
1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
2 TRANSFER FUNDS IN THE AMOUNT OF $1328.00 FROM
THE GENERAL FUND RESERVE FOR CONTINGENCIES TO
3 THE DEPARTMENT OF SOCIAL SERVICES' FY 94-95
4 OPERATING BUDGET FOR THE PURPOSE OF REIMBURS-
5 PLOYEES FOR
6 ING THREE (3) SOCIAL SERVICES EM
7 LEGAL FEES INcuRRED IN THEIR DEFENSE OF A
8 CRIMINAL INVESTIGATION
9 WHEREAS, three (3) employees of the Department of social
10 services were the subjects of a criminal investigation which was
11 conducted by the commonwealth's Attorney, and which included an
12 investigation into the conduct of said employees arising out of the
13 performance of their official duties;
14 WHEREAS, upon completion of the investigation, the
15 Commonwealth's Attorney advised the City Manager, the Director of
16 social Services, and the City Attorney that no criminal charges
17 would be brought against any employees of Social Services;
18 WHEREAS, as a result of the investigation, the above-
19 referenced employees incurred legal fees in the amount of $515.00,
20 $500.00, and $312.50 respectively, and have requested the City to
21 reimburse them for such fees;
22 WHEREAS, Section 15.1-19.2:1 provides that 11(i]f any
23 officer or employee of any county, city, or town shall be
24 investigated... on any criminal charge arising out of any act
25 committed in the discharge of his official duties, and no charges
26 are brought,...the governing body of the county, city, or town may
27 reimburse legal fees and expenses incurred by him in the defense of
28 the investigation.... "; and
29 WHEREAS, the City Attorney's Office has reviewed the
30 circumstances of the investigation and assessed the itemized bills
31 submitted by the employees' respective legal counsel, and has
32 determined that the legal fees incurred by the employees are
33 reasonable.
34 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
35 CITY OF VIRGINIA BEACH, VIRGINIA:
36 That the City Manager is hereby authorized to transfer
37 funds in the amount of $1328.00 from the General Fund Reserve for
38 contingencies to the Department of Social Services' FY 1994-95
39 operating Budget for the purpose of reimbursing three (3) employees
40 of the Department of social services for legal fees incurred by
41 them in their defense of a criminal investigation into the manner
42 in which they performed their official duties with respect to the
43 matter under investigation.
44 Adopted by the Council of the City of Virginia Beach,
45 Virginia on this 12 day of July 1994.
46 CA-5583
47 DATA\ORDIN\SSFEE.ORD
48 R-2
49 PREPARED: 07/05/94
AS TO LEGAL
FORM
2
- 17 -
Item III-G.5.
CONSEA'T AGENDA ITEM # 38207
Upon motion by ;'ice Mayor .5essonLv, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to TRANSFER $30,000 from the FY 1994-1995 Reserve for
Contingencies to Emergency Medical Serpice's Operating Budget re
purchase of two (2) replacement vehicles totaled in accidents.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% III, Robert K Dean, William W
Harrison, Jr., Barbara M Henley, Mayor Meyera E. Oberndorf Nancy
K Parker, lice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones and John D. Moss
July IZ 1994
AN ORDINANCE TO TRANSFER $30,000 FROM THE FY 1994-95 RESERVE FOR
CONTINGENCIES TO EMERGENCY MEDICAL SERVICE'S OPERATING BUDGET TO REPLACE TWO
ADVANCED LIFE SUPPORT ZONE CARS TOTALED IN ACCIDENTS
1 WHEREAS, two Emergency Medical Services advanced life support zone cars were involved in
2 unrelated traffic accidents which totalled the vehicles,
3 WHEREAS, both cars were hft while moving through an intersecton against the traffic signal, and
4 WHEREAS, the vehicles need to be replaced to avoid impacbng services to the communfty.
5 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, 'ARGINIA, that $30,000 be transferred from the FY 1994-95 Reserve for Conbngencies to Emergency
7 Medical Service's Operafing Budget to purchase two replacement vehicles.
8 AdoptedbytheCounciloftheCftyofVirginiaBeach,Virginiaonthe 12 dayof July 1994,
APPROVED AS TO
LEG y
CRW-C @OM5'EM@.@-.0 .,d
- 18 -
-G.6.
CONSEA7 AGENDA ITEM # 38208
Upon motion bY Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordi-nce to TRANSFER $15,000 from the Ty 1994-1995 Reserve for
Contingencies to the PoUce Department re purchase of a replacement
vehkie for the Homicide unit totaled in an accident; and, any
reimbursement of funds to the City will be returned to the Reserve for
Contingencies.
Voting: 9-0
Council Members Voting Aye:
JOhn A. Baum, Linwood 0. Brancl4 III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Mayor Meyera E. Oberndorf Nancy
K Parker, Vice Mayor William D. Sessoms, Jr. and louisa M. ;trayhorn
Council Members Vofing Nay:
None
Council Members Absent:
Louis R. Jones and John D. Moss
July 1Z 1994
AN ORDINANCE TO TRANSFER $15,000 FROM THE FY 1994-95 RESERVE FOR
CONTINGENCIES TO THE POLICE DEPARTMENT'S FY 1994-95 OPERATING BUDGET TO
REPLACE A POLICE PATROL CAR TOTALED IN AN ACCIDENT
1 WHEREAS, a police vehicle assigned to the Homicide unit was involved in a traffic accident which
2 totalled the police vehicle, fault was assigned to the other driver,
3 WHEREAS, the City's Risk Management Agency is pursuing reimbursement to the Cfty for the
4 totalled vehicle, and
5 WHEREAS, the police vehicle needs to be replaced to avoid impacbng services to the communfty.
6 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA, that $15,000 be transferred from the FY 1994-95 Reserve for Confingencies to the Police
8 Departments FY 1994-95 Operatng Budget to purchase a replacement vehicle with the understanding that any
9 funds reimbursed to the City will be used to replenish the Reserve for Conbngencies.
AdoptedbytheCounciloftheCityofVirginiaBeach,Virginiaonthe 12 dayof July
10 11994.
i
APPROVED AS TO
LEGAL SUFF--IC@iENOY
CRW C kOB95@pd..,l rd
- 19 -
-G.
CONSEA7 AGENDA ITEM # 38209
UPon -tion by Vice Mayor Sessoms, seconded by Councibnan Branch, City Council AUTHORIZED:
7he City Manager to execute an agreement between the City of Virginia
Beach and the rzrginia Department of Transportation @T) re
improvement of 0. 753 mile of South Plaza Trail within Virginia Beach
from 0.008 miles Fast intersection of Princess Anne Road to 0.008 miles
West intersection of South Independence Boulevard (KEMPSVILLE
BOROUGH).
Voting: 6-3
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl4 III, William W Ilarrison, Jr.,
Barbara M Henley, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
Robert K Dean, Mayor Meyera E. Oberndorf and Nancy K Parker
Council Members Absent.-
Louis R Jones and John D. Moss
July 12, 1994
AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH
AND THE VIRGINIA DEPARTMENT OF TRANSPORTATION
The City of virginia Beach, Commonwealth of Virginia,
hereinafter referred to as virginia Beach, and the Commonwealth of
virginia, Department of Transportation, hereinafter referred to as
the DEPARTMENT, hereby agree as follows:
1. The DEPARTMENT will prosecute a project for the
improvement of 0.753 mile of South Plaza Trail within
Virginia Beach from 0. 008 Mi. E. Int. Princess Anne Road,
Station 115+41.95 to 0.008 Mi. W. Int. S. Independence
Boulevard, Station 115+21. 65, Project UOOO-134-125, C501.
2. Virginia Beach approves the plans as designed and
requests the DEPARTMENT to submit the project with
recommend;ation that it be approved by the Commonwealth
Transportation Board and agrees that if such project is
approved and constructed by the DEPARTMENT, Virginia
Beach, thereafter, at its own expense, will maintain the
project, or have it maintained, in a manner satisfactory
to the DEPARTMENT or its authorized representatives and
will make ample provision each year for such maintenance.
3. Virginia Beach agrees that after construction of the
project, or any part thereof, it will not permit any
reduction in the number of or width of traffic lanes, or
any alterations to channelization islands, without the
prior written approval of the DEPARTMENT.
4 Parking will be prohibited at all times on both sides of
this project and appropriate NO PARKING signs shall be
erected. The signs shall conform to the standards as
shown in the current edition of the Manual on Uniform
Traffic Control Devices.
5. Virginia Beach agrees that the location, form and
character of informational, regulatory and warning signs,
curb and pavement or other markings and traffic signals,
installed or placed by any public authority, or other
agency, shall conform to the Manual on Uniform Traffic
Control Devices or be subject to the approval of the
DEPARTMENT.
6. Virginia Beach agrees that the location and installation
of utility poles, lighting standards, traffic signal
poles or any other facilities installed or placed within
the right of way by any public authority, or other
agency, shall conform to VDOT Land Use Permit Manual or
be subject to the approval of the DEPARTMENT.
7. Virginia Beach agrees to comply with Title VI of the
Civil Rights Act of 1964 and the Virginia Fair Employment
Contracting Act, Sections 2.1-374 through 2.1-376 of the
Code of Virqinia (1950), as amended.
8. Virginia Beach agrees to comply with all applicable
federal, state and local rules, regulations and statutes
when work is performed on this project with municipal
forces or its agent at project expense.
-2-
9. virginia Beach agrees to Participate in the actual cost
of this project which includes a special provision for
price adjustment in accordance with the following
tabulation, understanding that the costs shown are
estimated and the percentages will be applie to actual
costs:
ROJECT COST
VIRGINIA BEACH'S B
ITEM 8STIMATED COST 96 OUNT
Preliminary Engineering $ 411,110.00 5 $ 20,555.50
Right of Way 1,484,000.00 2 29,680.00
Construction 1,809,257.01 2 36,185.14
Construction 48,835.26 100 48,835.26
Sewer 267,423.32 96.64 258,437.90
Water 53,527.50 75.96 40,659.49
TOTAL $4,074,153.09 $434,353.29
-3-
IN WITNESS WHEREOF, the parties have hereunto affixed their
signatures, for CITY OF VIRGINIA BEACH on the day of
19 and the DEPARTMENT on the
day of 19
ATTEST: CITY OF VIRGINIA BEACH
BY: BY:
TY CLERK CIT MANAGER
NOTE: The official signing for APPr,,..,
the municipality must attach L F-- (3 i-, L -
a certified copy of the
auth6rity under which this
Agreement is executed. This
Agreement is executed in three
originals.
APPROVED AS TO FORM
P@G@;ED AS TO C(,-tAT@NTS
SIGN@TURE
PARTMENT
COMMONWEALTH OF VIRGINIA,
DEPARTMENT OF TRANSPORTATION
BY:
COMMISSIONER
CER riFiEl) AS TO AVAILASILM OF FUNC)S
APPRQVED
3
k, 'Public wOr-kS Contracts Office
1.
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Whit@
F
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110
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20 -
CONSEAT AGENDA ITEM # 38210
Upon motion by Vice Mayor Sessoms, seconded by Council Iady Parker, City Council ADOPTED:
Ordinance authorizing tax refunds in the amount of $6,360-79, upon
application of certain persons and upon Certification of the City
7'reasurer for payment.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Robert K Deam wllliam W
Harrison, Jr., Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy
K Parker, ice Mayor Willi
ir am D. Sessoms, Jr. and Louisa M. Strayho-
Council Members Voting Nay:
None
Council Members Absent:
Louis it Jones and John D. Moss
July 12, 1994
O@. @0.
6/2 71 94 EMC
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 f th, Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty lnt. Total
Year of Tax Number tion No. Pa id
Earl D & Dorothy Moore 94 RE(1/2) 80641-4 4/29/94 63.24
Donald E & Lois Wernick 94 RE(1/2) 131860-9 12/5/93 81.91
Julia AThorogood 94 RE(1/2) 117436-3 11/19/93 8.55
Julia AThoroqood 94 RE(2/2) 117436-3 5/27/94 8.55
Julia AThoro@ood 93 RE(1/2) 116252-7 11120192 8.18
Julia AThoro6ood 93 RE(212) 116252-7 6/5/93 8.18
Julia AThoroqood 92 RE(1/2) 115218-3 11/12/91 8.18
Julia AThorogood 92 RE(2/2) 115218-3 6/5/92 8.18
Julia AThorogood 91 RE(1/2) 114651-1 11/14/90 7.74
Julia AThorogood 91 RE(2/2) 114651-1 5/24/91 7.74
Guy EDaugherty etal 92 RE(1/2) 27314-3 9/8/92 1,334.81
Joseph T & Helen Catsonis 93 RE(1/2) 19396-0 3/28/94 164.84
Snyder Sandler Associates 92 RE(2/2) 108283-8 3/31/94 1,063.13
Snyder Sandler Associates 93 RE(1/2) 109242-3 3/31/94 2,431.47
Snyder Sandler Associates 94 RE(2/2) 110212-8 6/5/94 1,156.09
Total 6,360.79
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
6,360.79 were approved by
the Council of the City of Virginia
Beach on the 12- day f July, 1 99.4
n, Treasurer
Approved as to form:
Ruth Hodges Smith
City Clerk
Leslie L
21 -
ORDINANCE ITEM # 38211
The following registered in SUPPORT of the Ordinance:
John Sadier, 505 South MilitarY HighwaY, represented the Elizabeth River Shores Civic League
Mills M. Johnson, 413 South Military Highway, Phone: 420-1513
Cheri Anne Dewberry, 3530 Sale Drive, Phone: 420-3742, represented the Elizabeth River Shores Civic
League, spoke in SUPPORT of Option #3 (Resident's request) and were only in OPPOSITION to the cul-
de-sacs in Option #4
Michael L. Auler, 3524 North Cresiline Drive, Phone: 424-6920, represented the Elizabeth River Shores
Civic League
Fred Wals& 717 Military Highway, Phone: 420-2120, Acting Cencral Manager - Fxecutive Inn, spoke
in OPPOSITION to the median being closed in front of the hotel.
The following registered in OPPOSITION to the Ordinance:
Joseph A. Leafe, 1800 Nations Bank Center, Phone: 628-5526, represented the Breeden Company
john Tatum, 620 South Military Highway, Phone: 420-9563, Regional Director of Duron Paint
Carl T Wells, Jr., 400 South Military Highway, represented the (,eneral Manager - Wayside Motor Inn,
Upon motion by Council Lady ';trayhorn, seconded by Councilman Brancl4 City Council ADOPTED:
Ordinance to TP,4NSFER $50,000from Project #2-075 Rosemont Road
Phase [V to Project #2-084 @OTIMilitary Highway to incorporate
construction modifications requested by residents and area businesses as
described in Option #4, AS AMENDED*; and, AUTHORIZE the City
Manager to enter into the necessary agreements (KFMPSVILLE
BOROUGH).
Retain median break and signal at Wayside Motor Inn
Retain median break for Duron paint st(@re
Provide 7urn lanes at Brockman Avenue
July 12, 1994
- 22 -
Item III-H.I.
ORDINANCE ITEM# 38211 (Continued)
Voting: 5-3
Council Members Voting Aye:
John A. Baum, Linwood 0. Branci4 III, Mayor Meyera E. Oberndorf
Vice Mayor William D. Sessoms, Jr. and louisa M. Strayhorn
Council Members Voting Nay:
Robert K Dean, Barbara M. Henley and Nancy K Parker
Council Members Abstaining:
William W. Harrison, Jr.
Council Members Absent:
Louis R. Jones and John D. Moss
Councilinan Harrison ABSTAINED as he is in partnership with Joseph Leafe who represented the
Breeden Company
July 12, 1994
I AN ORDNANCE TO TRANSFER $50,000 FROM
2 PROJECT #2-075 ROSMONT ROAD PHASE [V TO
3 PROJECT #2-W4 MUHARY HIGHWAY TO INCORPORATE
4 CONSTMJCTION MODIRCATIONS REQUESTED BY RESIDENTS
5 AND BUSINESSES AS DESCRIBED IN OPTION #4 OF THE ATRACHMENTS
6 VWHEREAS, Virginia Department of Transportation (VDOT), at the request of, and as adopted
7 by City Council in its Capital Improvement Program, will construct Project #2-084 Military Highway
8 as an eight-lane divided highway from the Norfolk City limit to Indian River Road, and a six-lane divided
9 highway from Indian River Road to the Chesapeake City limit;
1 0 WHEREAS, City Council directed staff to solicit additional public input from those residents and
1 1 businesses affected by the project;
1 2 WHEREAS, the results of the additional public input were requests for construction
1 3 modifications to signalization, median breaks, and subdivision entrance locations, as described in
14 Option #4 of the attachments;
1 5 WHEREAS, VDOT and City staff have reviewed these modifications and estimate the additional
1 6 cost of these modifications to the City to be $50,000;
17 WHEREAS, there is $50,000 available for transfer from Project #2-075 Rosemont Road Phase
18 IV to provide the City's cost share of these modifications.
19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
20 VIRGINIA, that funds in the amount of $50,000 be transferred from Project #2-075 Rosemont Road
21 Phase IV to Project #2-084 Military Highway in order to fund construction modifications requested by
22 the residents and businesses affecied by the project, as described in Option #4 of the attachments.
12 y
23 Adopted the _ day of _, 1994, by the Council of the City of Virginia Beach, Virginia.
24 This ordinance shall be in effect from the date of its adoption.
APPROVED 0 CORTENT
E'-b.'Bf@ck, Direc4or
3 Department of Management and Budget
SWJ\mltrycip.ord
MILITARY HIGHWAY
(CIP-2-084)
PUBLIC AWARENESS FORUM
July 6, 1994
CONSTRUCTION OPTIONS
1. Public Hearing
Description
- Close Elizabeth River Shores (ERS) entrance at Wayside
location.
- Move ERS entrance and provide median break Boo feet south of
current Wayside location.
- Continue use of southernmost ERS entrance and median break.
Budgetary Cost Estimate
- There is no construction cost increase associated with this
option.
Delay Time
- There is no construction completion delay associated with this
option.
2. Current Plan
Description
- Modify and continue use of ERS entrance and median break at
signalized Wayside location.
- Eliminate proposed ERS entrance 800 feet south of current
Wayside location.
- Continue use of southernmost ERS entrance and median break.
Budgetary Cost Estimate
- There is no construction cost increase associated with this
option.
Delay Time
- There is no construction completion delay associated with this
option.
Military Highway (CIP 2-084)
Public Awareness Forum
July 6, 1994
Page.2
3. Resident's Request
Description
- Close ERS entrance and median break at signalized Wayside
location.
- Provide fully signalized ERS entrance and median break at
Brockman Ave.
- Eliminate proposed ERS entrance and median break 800 feet
south of current Wayside location.
- Provide ERS entrance and median break at Dyer Pl.
- Close southernmost ERS entrance and median break.
Budgetary Cost Estimate
$ 395,921 VDOT Share (98%)
8,592 City Share ( 2%)
404,513 TOTAL
Time Delay
- 6 Months
4. Modified (by City) Resident's Request - On July 12, 1994, City
Council adopted as follows:
- Close Elizabeth River Shores (ERS) entrance, but retain median
break and signal at Wayside location.
- Provide and fully signalize ERS entrance and median break at
Brockman Avenue. Provide south bound right-turn lane from
Military Highway to the Brockman Avenue entrance to ERS.
Provide cul-de-sacs on the ERS service road at points adjacent
to Brockman Avenue.
- Do not extend east side service road from present proposed
terminus at Wayside entrance (Current Plan) to Brockman Avenue
intersection. Modify northernmost median nose of east side
service road (Current Plan) to accommodate left-turn
(northbound) movements from service road.
- Eliminate previously proposed ERS entrance and median break
800 feet south of current Wayside location.
Military Highway (CIP 2-084)
Public AwaieneSS Forum
JUly 6, 1994
Page 3
4. (Continued)
- Provide entrance to ERS and a median break at Dyer Place.
- Close southernmost ERS entrance, but retain median break for
Duron paint store.
- Provide fully signalized entrance and median break at
current Drift Tide Condos (DTC) entrance. Provide cross
access road from Tidewater Construction, Incorporated (TCI) to
DTC entrance.
Budgetary Cost estimate
Resident's Recfuest
$ 425,466 VDOT Share (98%)
9 234 City Share ( 2%)
$ 434,700 TOTAL
Modified (by City) Resident's Request
East Side Service Road
$ 248,279 VDOT Share (98%)
5 296 City Share ( 2%)
253,575* TOTAL
Tidewater Construction/Drift Tide cross Access Road
$ 265,917 VDOT Share (90%)
30 771 City Share (10%)
$ 296,688 TOTAL
Total Cost
$ 939,662 VDOT Share (95%)
45 301 City Share ( 5%)
984,963 TOTAL
Delay Time
- I year
Does not include cost for potential property damages.
RAB/nfe
23 -
PUBLIC HEARING ITEM # 38212
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1.
(a) DOUGL.4SS K. PATTERSON, LUCIUS J. KELLAM, III, NONCONFORMING USE
MILDRED M. SCARBOROUGH, MARGARET M YOUNG
AND CAROLYN M. ROGERS
(b) JACK RABBITIHOLLAND ROAD CONDITIONAL USE PERMIT
(c) 47LLL4MS HOLDING CORPORATION CONDITIONAL USE PERMIT
(d) ROBERT HYLLIAMS CONDITIONAL USE PERMIT
(e) R. G. MOORE BUILDING CORPORATION VARL4NCE
CONDITIONAL C@GE OF
ZONING
CONDITIONAL CIL4NGE OF
ZONING
(t) LYNN, L TD. CHANGE OF ZONING
(g) McGINNIS REALTY & DEVELOPMENT COMPANY CHANGE OF ZONING
(h) CITY OF 117RGINLI BF,4CHIPUBLIC WORKS DEPARTMENT CONDITIONAL USEPERMIT
July 12, 1994
24 -
e
PUBLIC HEARING ITEM # 38213
PL4NNING
Mike Clark 1025 Stuart Road, phone: 721-3619, represented the applicant
Upon mollon by Council Lady Henley, seconded by Vice Mayor Sessonts, City Council APPROVED an
appi,cation of DOUGLASS K PA7TERSON, LUCIUS J KELL4M, III, MILDRED M
SC4RBOROUGH, MARGARET M. YOUNG AND CAROLYN M. ROGERS for the replacement of a
single-family dwelling and Resolution to authorize the nonconforming use:
Application of Douglass K Patterson, Lucius J. Kellam, III, Mildred M.
Scarborough, Margaret M. Young and Carolyn M. Rogers for the
replacement of a nonconforming use on a 600+ acre parcel located at
the terminus of Stuart Road PUNGO BOROUGH More detailed
information is available in the Planning Departinent-
Resolution authorling the replacement of a nonconforming use located
at the terminus of Stuart Roadproperty of Douglms K. Pauerson, Lucius
J. Keflam, III, Mildred M. Scarborough, Margaret M. Young and
Carolyn M. Rogers, Borough of Pungo-
Voting: 5-0
Council Members Voting Aye:
John A. Baum, Barbara M. Henley, Mayor Meyera E. Oberndoif Nancy
K Parker and Vice Mayor William D. ,;essoms, Jr.
Council Members Voting Nay:
Non e
Council Members Abstaining:
William W. liarrison, Jr.
Council Members Absent.,
Linwood 0. Branck III, Robert K Dean, Louis R. Jones, John D. Moss
and Louisa M. Strayhorn
Councibnan Harrison ABSTAINED as his law firm represented the applicant in front of the Planning
Commission.
July IZ 1994
1 A RESOLUTION AUTHORIZING THE
2 REPLACEMENT OF A NONCONFORMING USE
3 LOCATED AT THE TERMINUS OF STUART
4 ROAD PROPERTY OF DOUGLASS K.
5 PATTERSON, LUCIUS J. KELLAM, III,
6 MILDRED M. SCARBOROUGH, MARGARET M.
7 YOUNG AND CAROLYN M. ROGERS, BOROUGH
8 OF PUNGO
9 WHEREAS, Douglass K. Patterson, Lucius J. Kellam, III, Mildred
10 M. Scarborough, Margaret M. Young and Carolyn M. Rogers,
11 hereinafter referred to as the applicants, are the owners of a
12 hunting lodge and a caretakers residence located at the Terminus of
13 Stuart Road, Borough of Pungo, in the AG-1 and AG-2 Agricultural
14 Districts; and
15 WHEREAS, the Applicant desires to demolish the said caretakers
16 residence and install a doublewide mobile home in its place; and
17 WHEREAS, the present use of the property does not conform to
18 the provisions of the City Zoning Ordinance because two single-
19 family dwellings are not permitted on one zoning lot within the
20 Agricultural Districts; and
21 WHEREAS, pursuant to Section 105(d) of the City Zoning
22 Ordinance, the City Council may authorize the replacement of a
23 nonconforming use if it finds that the use as replaced is equally
24 appropriate or more appropriate to the zoning district than is the
25 existing nonconformity;
26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
27 VIRGINIA BEACH, VIRGINIA:
28 That City Council hereby finds that the proposed doublewide
29 mobile home of the applicants, is equally appropriate or more
30 appropriate to the zoning district in which it is located than is
31 the existing nonconformity.
32 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
33 BEACH, VIRGINIA:
34 That the City Council hereby authorizes the replacement of the
35 applicant's dwelling, upon the condition that the doublewide mobile
36 home comply with all applicable ordinances of the City.
3 7 Adopted by the Council of the city of Virginia Beach,
38 Virginia, on the 12 day of July
1994.
39 CA-5637
40 ORDIN\NONCODE\CA5637.RES
41 R-1
42 PREPARED: 6/24/94
APi, NTENTS
APPROVED AS TO LEGAL
@SUFFIC Y FOP@
c@
2
J
cID
3 40
39-8906
39
19-p67
- 25 -
b.
PUBLIC HEARING ITEM # 38214
PLANNING
Attorney R J Nutter, II, 4425 Corporation Lane, Phone: 671-4000, represented the applicant
Upon motion by Councilman Harrison, seconded by Council Lady Henley, City Council ADOPTED an
Ordin4nce upon Application of JACK RABBITIHOLLAND ROAD for a
ORDINANCL UPON APPLICATION OF JACK RABBI71HOLLAND
ROAD FOR A CONDITIONAL USE PERMIT FOR MiNi-
WAREHOUSES (EXPANSION) R07941904
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI7Y OF VIRGINL4 BEACH, VIRGINL4
Ordinance upon application of Jack RabbitIHolland Road for a
Conditional Use Permit for mini-warehouses (expansion) on the west
side of South Rosemont Road, south of the Virginia Beach-Norfolk
Expressway. Said parcel is located at 189 S. Rosemont Road and
contains 5.216 acres. LYNNHAVEN BOROUCll.
Ihe following conditions shall be required:
1. No signage or graphics will be permitted on the proposed
buildings.
2 A stormwater management plan will be required during detailed
site plan review.
3. A variance is required from the Board of b)ning Appeals if
required screening is not provided
7he Ordinance shall be effective in accordance with Section 107 Y) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beac,% Virginia, on the o Jul inet u ed
and Ninc&-Four.
July 1Z 1994
- 26
Ite,m Ill-LLIL
PUBLIC HFARING ITEM # 38214 (Continued)
PLANNING
Voting: 6-0
Council Members Voting Aye:
John A. Baum, William W. Harrison, Jr., Barbara M. Henley, Mayor
Meyera E. Oberndorf, Nancy K Parker and Louisa M. Strayhorn
Council Members Voting Nay:
Non e
Council Members Abstaining:
Vice Mayor William I). Sessoms, Jr.
Council Members Absent:
Linwood 0. Branck III, Robert K Dean, Louis R. Jones and John D.
moss
Vice Mayor Sessorm ABSTAINED being a Corporate Officer of Central Fidelity Bank which does
business with this firm.
July 12, 1994
27 -
t
PUBLIC HEARING ITEM # 38215
PL4NNING
R. Edward Bourdop; Pembroke One Fifth Floor, Phone: 499-8971, represented the applicant
George Wallace, 701 Avella Street, Phone: 420-2507 represented the LaKevilile, Riverton,
Westview and Elizabeth River Shores Civic Leagues, registered in OPPOSITION.
Upon motion by Council Lady Strayhorn, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of 97LLIAMS HOLDING CORPOR,4TION for a Conditional se ermit.'
ORDINANCE UPON APPLICATION OF W7LLL4MS HOLDING
CORPORATION FOR A CONDITIONAL USF PERMIT FOR A BULK
STO)?,4GE FACIIITY R07941905
BE IT HEREBY ORDAINED BY THE COUNCIL OF ?'HE CITY OF VIRGINL4 BF-4CH, IIIRGINLI
Ordinance upon application of Williams Holding Corporation for a
Conditional Use Permit for a bulk storage facility on the west side of
Military Highway, 210 feet north of Alexandria Avenue. Said parcel
contains 54 acre,@. KFMPSWLLE BOROUGH.
7he following conditions shall be required:
1. 7he applicant must obtain a variance from the Board of Zoning
Appeals to the Category T,7 landscape screening requirement
along the Fastern, Western and Northern properly lines.
2. A deferral or waiver to on-site i?nprovements (curb, gutter,
asphalt or concrete), must be requested to and approved by the
Administrator of PWIPermits and Inspections.
3. 77ie applicant shall meet with Planning Department staff to
deterinine the extent of envirownental features, including any
Resource Protection Areas, on the properly prior to the
submittal of detailed site plans.
4. Access only from Military Highway.
5. One hundred (100) foot buffer from the residential area on the
South side.
6 Twenty-five (25) foot tree buffer on the Fast side.
7he Ordinance shall be effective in accordance with Section 107 (O of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beack Virginia, on the w 1 th Jul i e un d
in - o r.
July 12, 1994
- 28 -
i- - -C.
PUBLIC HEARING ITEM # 38215 (Continued)
PL4NNING
Voting: 9-0
Council Members Voting Aye:
JOhn A. Baum, Linwood 0. Branck III, Robert K Dea@ William W.
Harrison, Jr., Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy
K Parker, rice Mayor William D. Sessoms, Jr and Iouisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Louis R Jones and John D. Moss
July 12, 1994
29 -
PUBLIC HEARING ITEM # 38216
PL,4NNING
Robert Williams, 3521 Davies Court, Phone: 340-2858, represented the applicant
Upon motion by council Lady Sfrayhorn, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of ROBERT WILLIAMS for a Conditional Use Permit:
ORDINANCE UPON APPLIC,4TION OF ROBER7' RTLLL4MS FOR A
CONDITIONAL USE PERMIT R07941906
BE IT HEREBY ORDAINED BY THF COUNCIL OF THE CIIY OF VIRGINL4 BF-4CH, VIRGINIA
Ordinance upon application of Robert Willialm for a Conditional Use
Permit for a home occupation (making computerized signs) on the south
side of Davies C()urt, west of Carew Road. Said parcel is located at 3521
Davies Court and contains 5850 square feet. YEMP,@VILLE BOROU(;H.
7he following conditions shall be required.-
7he subject operation will be carried out entirely within the
house.
2. Signs will be delivered to clients. Additional traffic to the home
must not be generated by the home occupation.
3. 7he sign operation must not generate any odor that will impact
adjacent pr()perties.
4. Approval is for a period of 2 years.
7he Ordinance shall be effective in accordance with Section 107 (O of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beac& Virginia, on the Tweah- -of July, Nineteen Hundred
and Ninely-Four,
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Robert K Deam William W. Harrison, Jr., Barbara M.
Henley, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor
William D. Sessoms, Jr. and Louisa M. .5trayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood 0. Branch, III, Louis P, Jones and John D. Moss
July IZ 1994
30 -
PUBLIC HEARING ITEM # 38217
PLANNING
The following registered in SUPPORT of the application:
Attorney John Richardso?t represented the applicant
Steven E Valdivieso, @ice PresidentIDevelopment - R. G. Moore Building Corporation, 4480 Holland
Office Park, Suite 225, Phone: 490-7312
R Edward Bourdor4 Pembroke One, Fifth Floor, Phone: 499-8971, represented the Glenwood
Community Association. CIenwood requested the $4,318 cash payment proffered by the applicant in
lieu of a park reservation be given to the Homeowners Association.
Upon motion by Council Lady Strayhorn, seconded by Vice Mayor Sessoms, City Council ADOPTED
Ordinances upon application of R. G. MOORE BUILDING CORPOR4TION for Variance to Section
4.4.(b) of the Subdivision Ordinance which requires all lots created to meet all requirements of the City
Zoning Ordinance and @onditional Changes of Zonine s:
Appeal froin Decisions of Administrative Officers itt regard to certain
elements of the @l;ubdivision Ordinance, Subdivision for R. G. Moore
Building Corlvration. Property is located at the southern extremity of
Pleasant Valley Road, 651.54 feet south of Northvale Drive.
KEMP,@V7LLE BOROUCIL.
A ND,
ORDINANCE Ul'ON APPLICATION OF R. G MOORE BUILDINC,
CORPORATION FOR A CONDITIONAL CIIANGE OF ZONING
DISTRICT CLA,5,@IFICATION FROM R- 10 TO R-5D Z07941426
BE [THEREBY ORDAINFD BY 7HF COUN(IL OF TIIE CI7-Y OF VIRCINL4 BEACH, VIRGINL4
Ordinance upon application of R. G. M()ore Building Corporation for a
Conditional Change of Zoning District Classification from R-10
Residential District to R-5D Residential Duplex District on certain
property located at the southern extremity of Pleasant Valley Road,
651.54 feet south of Northvale Drive. 7he proposed zoning classifl'cation
change to R-5D is for single family Residential land use on lots no less
than 5,000 square feet. 7he Comprehensive Plan recommends use of this
parcel for @5uburban Medium Density Residential at densities that are
compatible with single family use in accordance with other Plan policies.
Said parcel contairis 16,209 square feet. KEMPSVI[,I E BOROU(,H.
A N D,
ORDINANCE UPON APPLICATION (JF R. G, MOORE BUILDING
CORPORATION FOR A CONDITIONAL CIIANGE OF ZONIN(;
DISTRICT CL,4,5,@IFI(,'IITION FROM R-10 7'0 R-7 Z07941427
BE IT IIFREBY ORDAINED BY TIIP, COUNCIL OF TIIE (@I7-Y OF VIR(,'INL4 BE,4CH, WRGINL4
Ordinance upon applicatio?l of R. C,. Moore Building Corporation for a
Conditional Change of Zoning District Classification from R-10
Residential District to R-7.5 Revidential District on certaitt properly
located at the southerii extremity of Pleasant Valle3, Road, 651.54 feet
south of Northvale Drive. Ihe proposed zoning classification change to
R- 7.5 is for single family residential land use on lots no less thart 7,500
square, feet. Ihe Comprehensive Plan recommends use of this parcel for
suburban medium detisity residential at densities that are compatible with
single family use in accordance with othcr Plati policies @id parcel
contains 7.012 acres. Kl,'MP,5VILIF BOROUCli
July IZ 1994
- 31 -
PUBLIC HEARING ITEM # 38217 (Continued)
PLANNING
7he following conditions shall be required:
1. Agre-ent -co-passing proffers shall be recorded with the
Clerk of the Circuit Court and is hereby made a part of the
record. Proffer #2 shall be DELETF.D.
*7he Planning Director will waive the required 15,682 square foot park reservation subject to a cash
payment of $4,31& 00 at the time of final subdivision approval 7he money will be held in escrow by the
applicant's attorney. If the proposed subdivision is incorporated into the Glenwood Homeowners
Association, the cash will be paid to the Association. If the development is not incorporated into the
Homeowners Association, the money will be paid to the (.@ity. 7hese terms will be addressed in the escrow
agreement.
Ihese Ordinances shall be effective in accordance with Section 107 (t) of the Zoning Ordinance.
Adopted by the Council of the City of rtrginia Beach, Virginia, on the Twel tLh of July, Nineteen Hundred
Voting: 7-2
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, Ill, William W. Harrison, Jr.,
Barbara M. Henley, Nancy K Parker, Vice Mayor William D. @essoms,
Jr. and Louisa M. 5trayhorn
Council Members Voting Nay:
Robert K Dean and Mayor Meyera E. Oberndorf
Council Members Absent:
Louis R Jones and John D. Moss
July 12, 1994
32 -
PUBLIC HEARING ITEM # 38218
PL4NNING
L Reese &nit,% President - Reese &nith Associates, 4663 Haygood Road, Suite 201, Phone: 363-863Z
represented the applicant and requested DEFERR,4L,
Upon motion by Vice Mayor Sessoms, seconded by Councibnan Baum, City Council DEFERRED FOR
THIRTY (30) DAYS Ordinance upon Application of LYNN, LTD, for a Changg of Zoning District
i on.
ORDINANCE UPON APPLICATION OF LYNN, L7D. FOR CHANGE
OF ZONING DISTRICT CL4SSIFICATION FROM R-10 TO B-4
Ordinance upon application of Lynn, Ltd. for a Change of Zoning District
Classification from R- 10 Residential District to B-4 Resort Commercial
District south of Shore Drive beginning at a point 350 feet more or less
east of Vista Drive. 7he proposed zoning classification change to B-4
Resort Commercial District is for retail and commerciw services to serve
the needs of the resort area and multiple family development at a density
no greater than 36 units per acre. Said parcel is located at 3249 @hore
Drive and contains 2.85 acres. LYNNHAIIEN BOROUCIL.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc& III, Robert K Dean, Barbara M.
Henley, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor
William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
William W. Harrison, Jr.
Council Members Absent.-
Louis R Jones and John D. Moss
Councibnan Harrison ABSTAINED as he has represented the owner of the property, Virginia Beach
Federal, on occasion;although, not on this particular application.
July 12, 1994
- 33 -
Ite4n III-L ].-e.
PUBLIC HEARING ITEM # 38219
PLANNING
Correspondence dated July 11, 1994, from R M. McGinnis - McGinnis Realty and Development
Company, 968 South Orwie Drive, Suite 208, requesting Deferral until August 9, 1994, is hereby made
a part of the record. 7his Deferral will enable additional time for the preparation of a preliminary
development plan for the proposed R- 10 zoning instead of the requested R- 7.5 zoning.
Upon motion by Councibnan Dean, seconded by Vice Mayor Sessotm, City Council DEFERRED To
THE AUGUST 9, 1994, CITY COUNCIL SESSION the Application of McGINNIS RE,4LTY &
DEVELOPMEA'T COMPANY.-
ORDINANCE UPON APPLICATION OF McCIArVIS REALTY &
DEVELOPMENT COMPAIVY FOR A CHANGE OF ZONINC,DISTRICT
CL4SSIFICA TION FR OM R - 20 TO R - 7.5
Ordinance upon application of McGinnis Really & Development
Company for a Change of Zoning District Classification from R-20
Residential District to R-7.5 Residential District on the east side of
General Booth Boulevar4 292,18 feet south of Red Mill Boulevard. 7he
proposed zoning classification change to R-7.5 is for single-family
residential land use an lots no less than 7,500 square feet. 7he
Comprehensive Plan recommends use of this parcel for suburban medium
densi(Y residential at densities that are compatible with single -family use
in accordance with other plan policies. Said parcel con tains I 1. I acres.
PRINCESS ANNF BOROUCH.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. BrancA III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Mayor Meyera E Oberndorf, Nancy
K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones and John D. Moss
July 12, 1994
34 -
PUBLIC HEARING ITEM # 38220
PLANNING
Upon motion by Councibnan Harrison, seconded by P-ice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of the CITY OF 1,7RGINL4 BF.4CHIPUBLIC WORKS DEPARTMENT for
a Condidonal Use Permit.-
ORDINANCE UPON APPLICATION OF THE (,Ily OF l,7RGINLi
BEACHIPUBLIC WORKS DEPARTMENT FOR A CONDITIONAL USE
PERMIT FOR A L4NDFILL, BULK STORAGE AVD A BUILDING
CONTRACTOR'S YARD R07941907
BE IT HEREBY ORDAINED BY 7HE COUNCIL OF THE CITY OF 117RGINLI BEACH, P7RGINL4
Ordinance upon application of the City of Virginia BeachIPublic Works
Departinent, for a conditional Use permit for a landfill, bulk storage and
a building contractor's yard on the east side of Oceana Boulevart4 3020
feet north of Credle Road Said parcel is located at 420 Oceana
Boulevard and contains 13.562 acres. LYNNIL4VFN BOROUCIL
7he following conditions shall be required:
1. AU applicable requirements of Section 227 will be adhered to
"cept that due to the nature of this municipal operation,
operating hours will not be restricted
2. Category VI landscape screening is required along all road
frontage.
3. Only inert non-toxic materials shall be depovited on this site.
4. If at any time the disposal site presents a potential hazard to
aircraft operations, the owner shall take action to correct the
situation or terminate operation of the facilitlv.
7his Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beac,% rzrginia, on the w I h o Jul Nin teen Hu red
and Nine o r.
July 12, 1994
- 35 -
Item III-LI.h.
PUBLIC HEARING ITEM # 38220 (Continued)
PL4NNING
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, Robert K Dean, William W
Harrison, Jr., Barbara M. Henley, Mayor Meyera E Obemdorf, Nancy
K Parker, Vice Mayor William D. Sessoms, Jr. and Iouisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Louis R Jones and John D. MoNs
July 12, 1994
- 36 -
Item III-J.1,a.
APPOIATMEA7S ITEM # 38221
Upon NOMINATION by Vice Mayor @essoms, City Council APPOINTED:
EROSION COMMISSION
Herbert B. Taylor
Unexpired Term thru 4130195
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branci4 III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Mayor Meyera F. Oberndorf, Nancy
K Parker, Yzce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones and John D. Moss
July ]Z 1994
37 -
APPOINTMENTS ITEM # 3g222
Upon NOMINATION by @,co May- Sesso-, CitY Council APPOINTED:
FR4NCIS LAND HOUSE BOARD OF GOVERNORs
Gad A. BW
Unexpired Term thru 12131194
Voting: 9-0
COuncil Members Voting Aye:
John A. Baum, LinwOOd 0. Br4ncl4 III, Rbert K Dean, William W.
Harr'son, Jr, Barbara M HenleY, MAYO, MeYera L Oberndorf Alncy
K Parker, Pice May- W@iliam D. Sessoms, Jr. and Iouisa M. slrayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Louis R Jones and John D. Moss
July 12, 1994
- 38 -
Item III-J. 1. c.
APPOIATMEATS ITEM # 38223
Upon NOMINATION by Vice Mayor Sessoms, City Council:
APPOINTED:
HAMPTON ROADS PL,4NNING DISTRICT COMMISSION
Robert K. Dean
Unexpired Term thru 6130195
Wdliam W. Harrison, Jr.
2-Year Term
711194 thru 6130196
RE,4pPOINTED.
Mayor Meyera E. Oberndorf
John A. Baum
Louis R. Jones
2-Year Terms
711194 thru 6130196
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, Robert K Dean, William W
Harrison, Jr., Barbara M. Henley, Mayor Meyera E. Oberndorf Nancy
K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Louis P, Jones and John D. Moss
July 12, 1994
- 39 -
-J.
APPOINTMENTS ITEM # 38224
Upon NOMINA77ON by Vice Mayor Sessom, City Council AppoINTED:
HISTORIC,4L PEVIEW BOARD
Roland Hargrove
Unexpired term thru 10131194
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Mayor Meyera E. Oberndorf Nancy
K Parker, Vice Mayor William D. Sessoms, Jr. and louisa M Strayhom
Council Members Voting Nay:
None
Council Members Absent.-
Louis R Jones and John D. Moss
July 12, 1994
- 40 -
Item III -J. I.e.
APPOINTMEA7S ITEM # 38225
UPOn NOMINATION bY Vice Mayo, Sess@ms, City co.,,cil REAPPOINTED:
SOCIAL SERVICES BOARD
Helen Shropshire
4-year Term
711194 thru 6130198
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; III, Robert K Dean, William W
Harrison, Jr., Barbara M. Henley, Mayor Meyera E. Oberndorf Nancy
K Parker, Vice Mayor Wzlliam D. Sessonw, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Louis R Jones and John D. Moss
July 12, 1994
41 -
APPOINTMENTS ITEM # 38226
UPOn NOMINATION by Yzce Mayor @5essotm, City Cou.cil APPOINTED.-
77DEWATER COMMUNITY COLLEGE BOARD
John A.B. Davies
Unexpired Term thru 6130197
Arthur McGowan
4- Year Term
711194 thru 6130198
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Mayor Meyera E Oberndorf Nancy
K Parker, Pice Mayor William D. Sessoms, Jr and louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Louis R. Jones and John D. Moss
July 12, 1994
- 42 -
Item III-J.I.g.
APPOIA7MEA'TS ITEM # 38227
Upon NOMINATION by Vice Mayor ';essoms, City Council REAPPOIAITED:
77DEWATER-REGIONAL GROUP HOME COMMISSION
Jan M. Mdler
4-Year Term
711194 thru 6130198
Voting: 9-0
Council Members Voting Aye:
John A. Bawn, Linwood 0. Branck III, Robert K Dean, William W
Harrison, Jr., Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy
K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Louis R Jones and John D. Moss
July ]Z 1994
43 -
item
APPOINTMENTS ITEM # 38228
Upon NOMINATION by Ytce Mayor Sessoms, City Council REAPPOINTED:
77DEWATER TRANSPORTATION DISTRICT COMMISSION
Robert E. Fentress
2-Year Term
71194 thru 6130196
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck Ill, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Mayor Meyera E Oberndorf, Nancy
K Parker, Vice Mayor William D. Sessonts, Jr and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Louis R Jones and John D. Moss
July 12, 1994
44 -
APPOINTMENTS ITEM # 38229
UPon NOMINATION by ;-Ice Mayor Sessoms, city Council APPOINTED:
P7RGINL4 BE4cH cRimE TASK FORCE
Tim Jackson
School Board
3-Year Term
711194 thru 6130197
Linwood 0. Branch, III
City Council
UnexPired thru 2128196
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Li,,wood 0. Branck III, Robert K Da, William W.
Harrison, Jr, Barbara M. HenleY, Mayor Meyera E. Oberndorf, Nancy
K Parker, Pice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members voting Nay:
None
Council Members Absent.-
Louis R. Jones and John D. Moss
July 12, 1994
45 -
APPOINTMENTS ITEM # 38230
UPon NOMINATION by Vice MaYor Sessoms, City Council REAPPOINTED.-
HRGINL4 BE,4CH T04ING ADVISORY BOARD
Leslie K. Fenion, Jr.
Council of Civic Organizations
]-year Term
711194 thru 6130195
Arthur F. Walker
Virginia Beach Wrecker Association
]-year Term
711194 thru 6130195
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0 Branci4 III, Robert K Dean, William W
Harrison, Jr, Barbara M Henley, Mayor Meyera E Oberndorf, Nancy
K Parker, Vice Mayor William D. Sessopw, Jr. and louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Louis R Jones and John D. Moss
July 12, 1994
46 -
UNFINISHED BUSINESS ITEM # 38231
"RGINL4 BF,4CH RESERVATION SERp7CE
6.00 P.M.
Ron Kuhbnan, Director of Marketing Sales and James Rickeus, Director - Convention and Visitor
Developmentre,spondedtoCity Council concernsforthe URGINL4 BF,4CHRESERVATION SERJ,7CE
prior to the Formal Session.
Regarding reserpations, the vendor will be responsible to go to each of the contracting entities, the hotels,
campground and cottage industry to execute a contract between them and the vendor. 77ie contractual
relationship is then ultimately between the hotel andlor campground or cottage owner and the vendor.
Regarding support and organizational considerations, Information Technology will have two members on
the Evaluation CommiUee for the RFP. 77tese representatives will be able to affirm the progranu will do
what the vendor states.
Operating Erpenses are not mentioned in Budgetary Impacts and Considerations, and are not
anticipate4 but will not be known for sure until the bidy are received Two savings are effected at the
;-isitors Information Center, the cost of the 800 Service (approximately $110,000) which could be offset
by entering into the proposed program and a portion of the voice nwil system after hours which will be
the responsibility of the contractual labor. There are a minimum number of hotelslmotels that are required
for the success of this operation.
Over the last three years, through autonwtion, the amount of inquires has doubled at the Visitor Center
to more than 350,000. At the same time, two positions have been lost going from 7 parttime and 2
fufltime to 5 pandme and 2 fulltime while still trying to maintain the same level of service. 77le Visitor
Service is operating in a ftxed cost environment.
Henry Richardson, President of the HotellMotel Association, advised since 1986 the Association has
contributed approximately $140,000 to various entities ie, Marine Science Museun; Norfolk State
University, Rescue Squad, etc. Ultimately these dollars are coming from the private sector through a fee
by the reservation system of 10% to the Hotel Members and spread throughout the City. Ihe funds
derived from the aforementioned reservation proposal will be earmarked specifically for these purposes
and will not go into the HotellMotel Association General Fund.
July 12, 1994
47 -
RECESS INTO
EXECUTIVEsEssION ITEM # 38232
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION pursuant to Section 2.1-344, Code of rzrginia, as amende4 for the following purpose:
0 . Discussion or consideration of the
conifition, acquisition, or use of real property for public purpose, or of
the disposition of publicly -held property, or of plans for the future of an
institution which could affect the value ofproperty owned or desirable for
ownership by such institution pursuant to Section 2.1 -344(A)(3).
To-Wit.- AcquisitionIDisposition - Harbor Point I)rive
.- Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provisions of
legal advice by counsel pursuant to Section 2.1 -344(A) (7).
To-Wit.- Lake Gaston
Upon motion by Pi"ce Mayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branci4 III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Mayor Meyera E. Oberndorf Nancy
K Parker, Vice Mayor William D. Sessona, Jr and Louisa M. Strayhorn
Council Meinbers Voting Nay:
None
Council Members Absent.-
Louis R. Jones and John D. Moss
July 12, 1994
- 48 -
ITEM # 38233
Mayor Meyera E. Oberndorf RECONYENED the FORMAL SESSION of the P7RGINL4 BF,4CH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July IZ 1994, at 8:43 P.M.
Council Members Present:
John A. Baum, Linwood 0. Brancl4 III, Robert K Dean, William W
Harrison, Jr., Barbara M. Henley, Mayor Meyera E. Oberndorf Nancy
K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Absent.-
Louis R Jones and John D. Moss
July 12, 1994
49 -
CERTIFIC,4TION OF
EXECUTIVE SESSION
ITEM # 38234
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council CERTIFIED
771E EXECUTIVE SESSION TO BE IN ACCORDANCE HITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in F-xecutive Session to
which LW certification resolution applies;
AAID,
OWy such public business mauers as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City CounciL
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% 111, Robert K Dean, William W.
Harrison, Jr, Barbara M. Henley, Mayor Meyera F Oberndorf Nancy
K Parker, Vice Mayor William D. Sessotm, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Louis R Jones and John D. Moss
July 12, 1994
4b,
lie] latt
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CRFY COUNCIL
WHF,REAS: T'he Virginia Bcach City Council convencd into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 38232, Page No. 47, and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certiflcation by thc
goveming body that such Executive Session was conducted in conforinity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledgc, (a) only public business matters
lawfully exempted from Opcn Meeting requirements by Virginia law werc discussed in Executive
Session to which this certification resolution applics; and, (b) only such public business matters
aS Were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
@uth Hodges Smith, CMC/AAE
City Clerk July 12, 1994
50 -
ADJOURNMENT ITEM # 38235
MaYOr Ob-dorf DEC D the C'tY Council Meeting ADJOURNED at 8:45 P.M.
B erly
Chief Deputy City Clerk
---- --------------------------
Meyera E Oberndorf
City Clerk Mayor
City of ;rirginta Beach
Virginia
July 12, 1994