AUGUST 2, 1994 MINUTES
"WORLD'S LARGEST RESORT CITY"
(:ITY (;OUN(IIL
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CITY COUNCIL AGENDA
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AUGUST 2,1994
INFORMAL SESSION Council Chamber - 12:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
FORMAL SESSION Council Chamber - 2:W PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION: Reverend Talmadge Thomas Markman, Jr.
Charity 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
I . INFORMAL & FORMAL SESSIONS July 12, 1994
2. SPECIAL SESSION July 15, 1994
G. PUBUC HEARING
1. FY 1994-1995 SCHOOL OPERATING BUDGET PROPOSED INCREASES
H. CITY MANAGER'S PRESENTATION
1. RESULTS - CITIZEN SATISFACTION SURVEY
Pamela M. Lingle, Director, Public Information Office
1. 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, it will be discussed and voted upon separately.
1 . Resolution to appoint Kenneth M. Goiski as Assistant City Attorney
2. Ordinance to DECLARE 0.66 acre as EXCESS PROPERTY adjacent to 5517 Whirlaway
Road (Carolanne Farms Subdivision), in the petition of John and Geraldine Corneft;
and, to AUTHORIZE the City Manager to dispose of same (KEMPSVILLE BOROUGH).
DEFERRED: June 28, 1994
3. Ordinance to AUTHORIZE acquisition of property in fee simple for right-of-way re
traffic safety improvements (CIP 2-816) at the intersection of First Colonial and Laskin
Roads (Hilltop Loop); and, acquisition of temporary and permanent easements of right-
of-way, either by agreement or condemnation (LYNNHAVEN BOROUGH).
4. Ordinance to GRANT a five (5) year lease of City-owned property, containing
approximately 11,452.95 square feet, to Ronald W. and Judith N. Boone (Grantees) re
a family-style restaurant (3656 Shore Drive) and related parking; and, to AUTHORIZE the
City Manager to enter into a lease agreement with the Grantees
(LYNNHAVEN BOROUGH).
5. Special Safety Improvement Program - Virginia Department of Transportation (VDOT) -
City of Virginia Beach:
a. Ordinance to ACCEPT and APPROPRIATE a $600,000 Grant to Traffic Safety
Improvements (CIP #2-816); and, TRANSFER $60,000 within the Capital
Improvement Program as the required City match.
b. Resolution re eliminating safety hazards on Shore Drive from the West Gate of
Fort Story to Atlantic Avenue (approximately 2.5 miles).
C. Resolution re Euclid Road crossing of the Southern Railroad.
6. Ordinance to ACCEPT and APPROPRIATE $64,609 from the Virginia Department of
Housing and Community Development re housing rehabilitation (Virginia Housing
Partnership Fund's Indoor Plumbing/Rehabilitation Program).
7. Ordinance to ACCEPT and APPROPRIATE a $25,000 Grant from the Virginia
Chesapeake Bay Local Assistance Department; and, TRANSFER $17,120 as a grant
match from the General Fund Reserve for Contingencies re continuation of a full-time
temporary Environmental Planner I position.
8. Ordinance to APPROPRIATE $19,500 in the Parks and Recreation Special Revenue Fund
to establish an "After-School" program at LYNNH"EN MIDDLE SCHOOL for the
1994-1995 School Year.
9. Ordinances to TRANSFER from the General Fund Reserve for Contingencies to reimburse
the Water and Sewer Fund re costs of water and sewer fees associated with Tidewater
Builders Association (TBA) charitable gift constructions:
a. Homearama Charity House $2,258
b. Scholarship House $2,060
10. Ordinance to authorize license refunds in the amount of $11,127.46.
J. UNFINISHED BUSINESS
K. NEW BUSINESS
1. COUNCIL-SPONSORED ITEM:
a. Ordinance to AMEND and REORDAIN Section 6-122 of the Code of the City of
Virginia Beach, Virginia, re beaches, boats and waterways.
(Sponsored by: Councilman Robert K. Dean)
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@
7/28/94/cmd
AGENDA\8-2-94.ITM
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August Z 1994
M4yor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINL4 BF,4CH CITY
COUNCIL in the Council Chamber, City Hall Buildiilg, on Tuesday, August 2, 1994, at 12:30 P.M.
Council Members Present:
John A. Bawn, Robert K Dean, William W. Harrison, Jr., Barbara M
Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Vice Mayor
William D. Sessoms, Jr. and IOuisa M. ,;trayh(,rit
Council Members Absent:
Linwood 0. Branck Ill if@NTERFD: EXECUTIVE SESSION]
John D. Mosv if,@IEREI): EXECUTIVL SES,510N]
Nancy K Parker [PNTf,,'RT,*D: F-XECUTTVE SESSION]
Vice Mayor Sessoms, being a Corporate Officer of Ceritral Fidelity Bank, disclosed there were no matters
on the agenda in which he has a '@ersonal interest" as defined in the Act, either individually or in his
capacity as an officer of Central Fidelity Bank The Ilice Mayor regularly makes this Disclosure as he
may or may not know of the Bank's interest in any application that may coine before City Council. Vice
Mayor Sessotm' letter of August 2, 1994, is hereby made, a part of the record
c3f
-I'LIAM 0. SESSI)M
VICE MAyo,
GREENTREE l,,
VIRGINIA BEACH, 'IRGINIA 1.5,
August 2, 1994
Ruth Hodges Smith, CMC/AAE
City Clerk
Mu-iciPal Cente,
Virginia Beach, Virginia 23456
Re: COnflict of Interests Act
Dear Mrs. Smith:
hich I might have an ac a Or y s
reviewed the agenda for the August 2, 1994, meeting of Cit Council for the purpo e of
identifying any matters in I
In accordance with tny letter tO You dated August 10, 1993, 1 have thorough y
Virginia Conflict of Interestw tu II Potential conflict unde, the
s Act. Based on that review, p ease be advised that, to the best
Of MY knowledge, there - no matters on the agenda in which I have a .. personal interest,,,
as defined in the Act, either individual] y or in
Bank. Accordingly, I resp MY capacity as an officer of Central Fidelity
of the Council. ectfully -quest that you record this letter in the official recods
Thank you for your assi-stance and cooperation in this matter.
Very t-ly yours,
vi Jr.
Vice-Mayor
WDS,Jr./clb
- 2 -
ITEM # 38246
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of @irginia, as amended for the following purpose:
PERSONNEL MA 7TERL Discussion or consideragion of or interviews
of prospective candidates for employment, assignmen4 appointment,
promotiom performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2.1-344 (A) (1).
Appointments: Boards and Commissic)ns:
Arts and Humanities Commission
Chesapeake Bay ASAP Policy Board
Development Authority
Parks and Recreation Commivvion
Planning Council
Public Library Board
,School Site Selection Committee
Tidewater Translx@rtation Commission
Transportation 5afely Commission
;rirginia Beach Crime TasA l,orce
VML Committecs
Wetlands Board
Ifoard of Zoning Appeals
Appointees: Assistant City Attorney
LEGAL - 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-Wzt: Brendhan B, Harru c/L et al
Lake Caston Litigation
Upon motion by Vice @ayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Robert K Dean, Louis R. Jones, William W Harrison, Jr.,
Barbara M. Henley, Mayor Meyera F. Oberndorf, Vice Mayor William
D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Abserit:
Linwood 0. Branch, III, John D. Movs and Nancy K Parker
August 2, 1994
- 3 -
FORMAL SESION
VIRGINL4 BEACH CITY COUNCIL
August 2, 1994
2:00 P.M.
Mayor Meyera E. Oberndo?f called to order the FORMAL SESSION of the VIRGINL4 BF,4CH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 2, 1994, at 2:00 P.M.
Council Members Present:
John A. Baum, Linwood 0. Branch, III, Robert K Dea?L William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms,
Jr. and Louisa M. Strayhorn
Council Members Absent:
None
IN-VOC4TION., Reverend Talmadge Thomas Mark?nan, Jr
Charity United Methodist Church
PLEDGE OF AL,LEGIANCE TO THE FL4G 0
August Z 1994
4
Item II-E.I.
CERTIFIC4TION OF
EXECUTIVE SESSION
ITEM # 38247
Upon motion by Vice Mayor Sessona, seconded by Council Lady Parker, City Council CERTIFIED THE
EXECUTrVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive 5ession to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Executive Session were hcard, discussed or considered by
Virginia Beach City CounciL
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E Oberndorf Nancy K Parker, rice Mayor William D. Sessolm,
Jr. and louisa M. @trayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
August 2, 1994
Ott
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 38246, Page No. 2, 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 membcr's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia law wcrc discussed in Executive
Session to which this certification rcsolution applies; and, (b) only such public business matters
as wcre identified in the motion convening this Executivc Session were heard, discussed or
considered by Virginia Beach City Council.
R6th Hodges Sm-ith,'CMC/AAE
City Clerk August 2, 1994
5
Item II-F,].
MINUTES ITEM # 38248
Upon motion by Yice Mayor Sessonts, seconded by Council Lady Parker, City Council APPROVED the
Minutes of the INFORMAL AND FORM,4L SESSIONS of July 12, 1994.
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 William D. Sessoms, Jr. and Louiva M Strayhorn
Council Members Voting Nay:
Non e
Council Members Abstaining:
Louis R. Jones and John D. Moss
Council Members Absent:
None
Council Members Jones and Moss ABSTAINED as they were not in attendance during the City Council
Session of July 12, 1994.
August 2, 1994
6
Item 11-F.2
MINUTES ITEM # 38249
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the
Minutes of the SPECIAL SESSION of July 15, 1994.
Voting: 10-0
Council Members Voting Aye:
John A. Bawn, Linwood a Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K Parker, @ice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
Non e
Council Members Abstaining:
Louis R. Jones
Council Members Absent.-
None
Councilman Jones ABSTAINED as he was not in attendance during the Special Session of July 15, 1994.
August 2, 1994
- 7 -
Item II-G.
PUBLIC HFARING ITEM # 38250
Mayor Oberndorf DECLAPED a PUBLIC HFARING:
FY 1994-1995 SCHOOL OPERATING BUDGET PROPOSED INCREASES
7here being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
August 2, 1994
8
CITY MANAG ER'S PRESEN TA TI ON
RESULTS - CITIZEN SATISFACTION SURVEY
ITEM # 38251
Pamela M. Lingle, Director - Public Infornwtion Office - presented information relative the second
Citizen Satisfaction Survey conducted by the City of Pirginia Beach. Ihe goal was to have information
available to City Council for their Leadership and Goal Setting Retreat. Information obtained through
the telephone survey provides an indication of "how we are doing' overall and in special service areas,
and provides comparative data to the 1993 Citizen Satisfaction Survey. 7he Management Leadership
Team provided revisions to the 1993 questionnaire for 1994. 7he project was coordinated by the Office
of Public Information and staff with survey research backgrounds from the Department of Police and
Management and Budget who also refined and revised the qu(-Ntionnaire based on the results from the
1993 survey.
7he survey was conducted by the Issues and Answers Network, Inc., a Virginia Beach firm, which was
selected using a competitive process. 7he survey was administered the second week of June and 501
interviews were completed 7he telephone survey was based on a 95% confidence level and a plus or
minus 4.38% margin of error. According to statistical theory, if all rzrginia Beach citizens 18 years and
older were interviewed using this questionnaire, the chances are 95% that their revonses would be within
plus or minus 4.38% of the ones found in the sample. The results are reliable when applied to the overall
population and speci)7c subgroups of the population (gender, zip codes, race), since the sample was
stratified according to demographic characteristics.
Mrs. Lingle introduced Stacey Ilershberger, Management and Budget Analyst, who has compiled the
wriffen report.
Stacey Hershberger depicted through the use of slides, the Citizeit Sativfaction Survey. Nine out of Ten
citizens are satisfied with overall City services.
SER14CE USAGE AND SATISFACTION LEVEL FOR USERS OF SERI,7CES
Percent of Individuals Using Service
% of Users Satisfied Dissatiyfted No Opinion
Service 1993 1994 1993 1994 1993 1994 1993 1994
Parky 75.3% 72.917. 97.7vl. 97.001. 2.0% 2.5% 0.3% 0.5%
Pubfic Beaches 70.4% 66.3% 88.2% 93.1% 11.8% 6.6% 0.0% 0.3%
City Waste 94.5% 91.2% 84.Oclo 86.001. 15.1% 14. OC/@ 0.9% 0.0%
Collection
Serpices
City Golf .0% 2.4%
Courses
Nine out of ten citlens continue to be satisfied with convenience of access to City services. Citizens feel
valued as customers. Nine out of ten citizens feel ;rirgiriia Beach and their particular neighborhoodv are
a safe places to live.
Relative Citizen Participation and contact with City Government, the chart depicts positive results in
1993 and 1994.
August 2, 1994
9
CITY MANAG ER'S PRES EN TA TI ON
RESULTS - CITIZEN SATISFACTION SURVEY
ITEM # 38251 (Continued)
OPPORTUNITIES FOR CONTINUOUV IMPROVEMENT
% Dissatisfied
Service 1993 1994
Planning for renidential 29% 36%
growth and development
Storm water drainage 35% 33%
City streets and roads 27% 32%
Parking facifities at the ocean 44% 26%
front and Municipal Center
Services for the homeless 27% 21%
City water and sanitary sewer 26% 21%
services
7his information is also being provided to Department Directors to focus their efforts on improving
services. Directors are encouraged to retain additional information and clarification through user surveys
and focus groups. Cross tabulation of the survey information can be provided. Copies of the Citizen
Survey report will be available in the City Libraries within 24 hours and will be made available to the
media. Public Information will be pleased to mail this survey, as requested Public Information requests
annual Citizen Satisfaction Surveys continue to be con(lucted through 1995 to determine a base kne data.
August 2, 1994
- 10 -
Item II-G.
CONSENT AGENDA ITEM # 38252
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in
ONE MOTION, Items 1, 3, 5 alblc, 6, 7 and 10 of the CONSENT AGENDA.
Items 2, 4, 8 and 9 of the CONSENT AGENDA were pulled f()r a separate vote.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, Robert K Dean, William W.
Harrison, Jr., Barbara M Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf Nancy K Parker, rice Mayor William D.
Sessoms, Jr. and Louisa M. @5trayhorti
Council Members Voting Nay:
None
Council Members Absent.-
None
August 2, 1994
Item II-G.1
CONSEA'T AGENDA ITEM 38253
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Resolution to aplvint Kenneth M. Golski as Assistant City Attorney
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Robert K Dean, WzUiam W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf Nancy K Parker, rice Mayor William D.
Sessorm, Jr. and Louisa M. @trayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
August 2, 1994
1 A RESOLUTION APPOINTING KENNETH M.
2 GOLSKI AS ASSISTANT CITY ATTORNEY
3 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA:
5 That pursuant to S 2-166 of the City Code, Kenneth M.
6 Golski is hereby appointed as Assistant City Attorney.
7 Adopted by the Council of the City of Virginia Beach,
8 virginia, on the day of August 1994.
9 CA-5673
10 ORDIN\NONCODE\APPOINT.RES
11 R-1
12 PREPARED: 07/22/94
- 12 -
Item II-G,2
CONSEA7 AGENDA ITEM # 38254
Attomey Edward Bourdon, Pembroke One Building, Fifth Flo(,r, Phone: 499-8971, represented the
applicant
Robert G. Hicks, 556 "irlaway Road, Phone: 497-4129, spoke in OPPOSITION andpresentedpetitions
containing 65% of homeowners or renters in Carolanne Farms. Said petitions are hereby made a part
of the record.
Upon motion by Council Lady @trayhorn, seconded 4y Councilman Baum, City Council ADOPTED:
Ordinance to DECLARE 0.66 acre as EXCESS PROPERTY adjacent
to 5517 "irlaway Road (Carolanne Farms Subdivision), in the petition
of John and Geraldine Comeu,- and, to AUTHORIZE the City Manager
to dispose of,@ome (KEMPS117LIE BOROUCll).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorti
Council Members Voting Nay:
Non e
Council Members Absent:
None
August 2, 1994
AN ORDINANCE DECLARING CERTAIN
PROPERTY EXCESS AND AUTHORIZING THE
CITY MANAGER TO DISPOSE OF SAME
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
WHEREAS, the City of Virginia Beach acquired ownership
of the following described property by Deed recorded in Deed
Book 2225, at Page 2041; and
WHEREAS, the City Council is of the opinion that the
following described property is in excess of the needs of the
City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. That the following described property is hereby
declared to be in excess of the needs of the City of Virginia
Beach and that the City Manager is authorized to convey said
property in the manner he deems in the best interests of the
City of virginia Beach reserving therein any and all easements
pertaining thereto, and further that such property be declared
in excess of the needs of the City and is more particularly
described as follows:
ALL THAT CERTAIN lot, piece or parcel of land
situate in the Kempsville Borough of the City of
Virginia Beach, Virginia located south and east
of Lot 48, Block G, Subdivision of Carolanne
Farm, Section Two, being more particularly
described as Beginning at the Southeast corner of
YKES, CARNES, BOURDON the City Pump Station lot; thence South 131 31'
& AHERN, P. C.
A@ORNEYS AT @W
35" West 18.03 feet to a point; thence South 64'
36' 38" West 22.46 feet to a point; thence South
371 17' 26" West 27.18 feet to a point; thence
South 211 02' 18" West 48.96 feet to a point;
thence South 691 02' 14" West 38.52 feet to a
point; thence South 551 14' 1611 West 92.56 feet
to a point; thence South 601 59' 13" West 45.92
to a point; thence North 131 31' 35' East 160.00
feet to a pin at the Southwest corner of Lot 48;
thence South 671 11' 40" East along the southern
lot line of Lot 48 91.20 feet to a pin; thence
North 131 31' 35" East along the eastern lot line
of Lot 48 82 . 22 feet to a point at the
Southwestern corner of the City Pump Station
lot; thence South 761 28' 25" East 72.00 feet to
the Point of Beginning. Said property being a
portion of the property shown on that plat
entitled "RESUBDIVISION OF PROPERTY, LOT 48 AND
PART OF PARCEL A, BLOCK G, SUBDIVISION OF
CAROLANNE FARM, SECTION TWO, KEMPSVILLE BOROUGH
VIRGINIA BEACH, VIRGINIA", prepared by Gallu@
Surveyors & Engineers, Ltd..
SEE ATTACHED PLAT ENTITLED RESUBDIVISION OF
PROPERTY, LOT 48 AND PART OF PARCEL A, BLOCK G,
SUBDIVISION OF CAROLANNE FARM, SECTION TWO.
2. The parcel shall be combined with the adjoining
property of the Petitioners into one parcel.
3. This ordinance shall be effective from the date
of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 2 - day of -August -, 1994.
'@3 :0 COI@-IENT
SIGI
DEPA.R@ME'4T
SYKES, CARNES, BOURDON APPROVED AS TO
& AHERN, P C, 4427i LEGAL SUFFICIENCY
A@ORNEYS AT LAW
2
A three-quarters Council vote is required for adoption of
this Ordinance.
PETITION TO DECLARE CERTAIN PROPERTY EXCESS
AND TO AUTHORIZE DISPOSAL TO THE CONTIGUOUS
PROPERTY OWNER
P E T I T I Q N i
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your petitioners, JOHN CORNETT and GERALDINE CORNETT
husband and wife, by counsel, respectfully represent as follows:
1. That Petitioners apply to the Mayor and the
Council of the City of Virginia Beach, virginia, for an
ordinance declaring the hereinafter described property to be in
excess of the needs of the City of Virginia Beach and to
authorize the City Manager to convey the property to the
Petitioners upon payment of fair market value as determined by
qualified appraisal and in accordance with City policy.
2. That your Petitioners own the property contiguous
to the hereinafter described property and are the only property
owners contiguous to said site. And that further the
hereinafter described property has no utility unless joined to
the contiguous property of Petitioners.
3. The property your Petitioners are asking to be
declared in excess of the needs of the City of Virginia Beach
so that they may purchase same is hereby described as follows:
ALL THAT CERTAIN lot, piece or parcel of land
situate in the Kempsville Borough of the City of
Virginia Beach, Virginia located south and east
SYKES, CARNES 8OUROON of Lot 48, Block G, Subdivision of Carolanne
& AHERN PC,
A@ORNEYS AT LAW
Farm, Section Two, being more particularly
described as Beginning at the Southeast corner of
the City Pump Station lot; thence South 13' 31'
35" West 18.03 feet to a point; thence South 641
361 38" West 22.46 feet to a point; thence South
371 17' 26" West 27.18 feet to a point; thence
South 211 02' 18" West 48.96 feet to a point;
thence South 691 02' 14" West 38.52 feet to a
point; thence South 55' 14' 16" West 92.56 feet
to a point; thence South 60' 591 13" West 45.92
to a point; thence North 13' 31' 35" East 160.00
feet to a pin at the Southwest corner of Lot 48;
thence South 671 11' 40" East along the southern
lot line of Lot 48 91.20 feet to a pin; thence
North 131 31' 35" East along the eastern lot line
of Lot 48 82 . 2 2 feet to a point at the
Southwestern corner of the City Pump Station
lot; thence South 761 28' 25" East 72.00 feet to
the Point of Beginning. Said property being a
portion of the property shown on that plat
entitled "RESUBDIVISION OF PROPERTY, LOT 48 AND
PART OF PARCEL A, BLOCK G, SUBDIVISION OF
CAROLANNE FARM, SECTION TWO, KEMPSVILLE BOROUGH,
VIRGINIA BEACH, VIRGINIA", prepared by Gallup
Surveyors & Engineers, Ltd..
SEE ATTACHED PLAT ENTITLED RESUBDIVISION OF
PROPERTY, LOT 48 AND PART OF PARCEL A, BLOCK G,
SUBDIVTSION OF CAROLANNE FARM, SECTION TWO.
it being a portion of that property conveyed to
the City of Virginia Beach from Kempsville
Utilities Corporation by Deed in Liquidation
dated November 4, 1982 which Deed is recorded in
the Clerk's Office of the Circuit Court of the
City of Virginia Beach in Deed Book 2225, at Page
2 04 1 .
4. That no inconvenience will result to any person
or property owner by reason of the sale of the hereinabove
described property.
WHEREFORE, your Petitioners pray that the Mayor and
SII(ES. CARNES, BOURDON City Council of the City of Virginia Beach, Virginia, declare
& AHERN, P C
ATTORNEYS AT @W
2
the hereinabove described property to be in excess of the needs
of the City of Virginia Beach and to authorize the City manager
to convey same to your Petitioners upon payment to the City of
Virginia Beach, for the fair market value of said property as
determined by qualified appraisal.
Respectfully submitted,
Jo ORNETT
By
R. Edward Bourdon, Jr., Esquire
SYKES, CARNES, BOURDON & AHERN, P.C.
Pembroke One, Fifth Floor
Virginia Beach, Virginia 23462
(804) 499-8971
4426i
SIKES, CAFINES BOURDON
& AHEFIN, P C@
A@ORNEYS AT @W
3
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- 13 -
-G.
CONSEAT AGENDA ITEM # 38255
Upon motion by Vice Mayor Vessoms, seconded by Councilman Brancl4 City Council ADOPTED:
Orifinance to AUTHORIZE acquisition of property in fee simple for
right-of-way - traffic safety i-provements (CIP 2-816) at the
intersection of First Colonial and Laskin Roads (Ifilltop Loop); and,
acquisition of temporary and permanent easements of right-of-way,
either by agreement or condemnation (LYNNMVFN BOROUCH).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Robert Y- Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf Nancy Y- Parker, Vice Mayor William D.
Sessoms, Jr. and Ic)uisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
None
August 2, 1994
1 AN ORDINANCE TO AUTHORIZE
2 ACQUISITION OF PROPERTY IN FEE
3 SIMPLE FOR RIGHT OF WAY FOR TRAFFIC
4 SAFETY IMPROVEMENTS (CIP 2-816) AT
5 THE INTERSECTION OF FIRST COLONIAL
6 ROAD AND LASKIN ROAD AND THE
7 ACQUISITION OF TEMPORARY AND
8 PERMANENT EASEMENTS OF RIGHT OF WAY,
9 EITHER BY AGREEMENT OR CONDEMNATION
10 WHEREAS, in the opinion of the Council of the City
11 of Virginia Beach, Virginia, a public necessity exists for the
12 construction of this important roadway to provide transportation
13 and for other public purposes for the preservation of the safety,
14 health, peace, good order, comfort, convenience, and for the
15 welfare of the people in the City of Virginia Beach:
16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
17 CITY OF VIRGINIA BEACH, VIRGINIA:
18 Section 1. That the City Council authorizes the
19 acquisition by purchase or condemnation pursuant to Sections 15.1-
20 236, et seq., 15.1-898, 15.1-899, and Section 33.1-89, et seq.,
21 Title 25-46.1 et seq., Code of Virginia of 1950, as amended, all
22 that certain real property in fee simple, including temporary and
23 permanent easements of right of way as shown on the plans entitled
24 "RIGHT-OF-WAY ACQUISITION AT HILLTOP LOOP," these plans being on
25 file in the office of Real Estate Department of Public Works,
26 Virginia Beach, Virginia.
27 Section 2. That the City Manager is hereby
28 authorized to make or cause to be made on behalf of the City of
29 Virginia Beach, to the extent that funds are available, a
30 reasonable offer to the owners or persons having an interest in
31 said lands. If refused, the City Attorney is hereby authorized to
32 institute proceedings to condemn said property.
33 Adopted by the Council of the City of Virginia
34 Beach, Virginia, on the 2 day of August 1994.
35 CA-5655
36 NONCODE\CA5655.ORD
37 R-1 A@PROVED AS TO CONTENTS
o' @,u,,W-
SIGNATURE
DEPARTMENT
APPROVED AS TO LEGAL
PUFFIC7,NCY ANI? FORM
CITY ATTORNEY
- 14 -
Item II-G.4
CONSEAT AGENDA ITEM # 38256
Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED, AS
AMENDED:
Ordinance to GRANT a five (5) year lease of City-owned property,
containing approximately 11,45295 square feet, to Ronald W. and
Judith N. Boone (Grantees) re a family-style restaurant (3656 Shore
Drive) and related parking; and, to AUTHORIZE the City Manager to
enter into a lease agreement with the Grantees
(Li@!;E-M BOROUGF)) (BAYSIDE BOROU(;Il).
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Robert K Dea?4 William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr, and
Louisa M. Strayhorn
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
August 2, 1994
I AN ORDINANCE GRANTING A FIVE (5) YEAR LEASE TO
2 RONALD W. BOONE AND JUDITH N. BOONE, HUSBAND
3 AND WIFE ("GRANTEES") FOR THE LEASE OF CITY-
4 OWNED PROPERTY CONTAINING APPROXIMATELY
5 11,452.95 SQUARE FEET IN THE BAYSIDE BOROUGH
6 FOR A FAMILY-STYLE RESTAURANT AND RELATED
7 PARKING, AND AUTHORIZING AND DIRECTING THE
8 CITY MANAGER TO ENTER INTO A LEASE AGREEMENT
9 WITH THE GRANTEES.
10 WHEREAS, the City of Virginia Beach owns property located
11 on Shore Drive in the Bayside Borough containing approximately
12 11,452.95 square feet as more particularly described on the plat
13 entitled "PROPOSED LEASED AREA 11,452.95 SQ. FT." "LOUDOUN PARK"
14 "PHYSICAL SURVEY OF LOTS 1, 14, 15 a 16, BLOCK 14 PLAT SECTION "B"
15 OF OCEAN PARK," dated July 29, 1993, prepared by W. M. Holmes, Land
16 Surveyor, P. C. , which is attached hereto as Exhibit A (hereinafter
17 referred to as the "Property");
18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
19 CITY OF VIRGINIA BEACH, VIRGINIA:
20 That the City Manager is hereby authorized and directed
21 to enter into a lease with Ronald W. Boone and Judith N. Boone
22 (Grantees) for the property described in Exhibit A, such lease to
23 be in substantial conformity with the lease agreeinent attached
24 hereto as Exhibit B.
25 Adopted by the Council of the City of virginia Beach,
26 virginia on the 2 day of August 1994.
27 CA-5654
28 \ORDIN\NONCODE\CA5654.LSE
29 R-2
30 August 2, 1994
A4.) TIDAT 'HE n@E L @ES AN[) EXHIBIT A ITS
IMP-@VEMENTS STAND STRICTLY
OR VISIBLE EASEMENTS E)(CEPTA
SIGNED
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EXHIBIT B
THIS AGREEMENT, mads this day of
by and between THE CITY Ot VIRGINIA B..
corporation of the Commonwealth of Virginia, hereinafter
reforred to as "City", party of the first part, and RONALD W.
BOONE and JUDITH N. BOONE, husband and wife, herein&fter
referred to as "Tenant", party of the second part (even though
more than one)i
THAT, WHEREAS, the City is the owner in fee simple of
the hereinafter described property, and has been requegtcd by
the Tenant to lease said property for five years or until such
time as the City, for any reason whatsoever, desires to retax*
possession of the said property; and
WHER@, said property is not presently in use or
occupied by the City in carrying out its purposes and functions;
and
WHEREAS, said property abuts certain property owned
and occupied by Tenant, and Tenant desires to utilize saicl
property as an adjunct to Tonantlo abutting property, &rl.l
WHERFAS, Tenant agrees, in addition to the other
covengknts and agreements contained herein, to assume full
responsibility for the maintenance of any and all improvements
.placed on the property by the Tenant, aiid to maintain the
property in an &eothatioally desirable manher.
NOW( THEREFORE, THIS LEASE AGREEMENT WITHESSETHT
That the City, for and in oonoideration of the rent
hereinafter reserved and the acceptance by the Tenant of the
covenants and agreement hereinafter mentioned, doth hereby lease
and rent to the Tenant the following described property, to-wit:
All that certain lot, tract or parcel of
land together with the improvements thereon
belonging, lying, situated and being in the
City of virginia Beach, Virginia and
designated and described as: "PROPOSED
LEASED AREA 11,452-95 SQ.FT." as shown on
that certain plat entitled: "PHYSICAL
SURVEY OF LOTS 1, 14, 15 a 16, BLOCK 14
PLAT SECTION "B" OF OCEAN PARK BAYSIDE
BOROUGH VIRGINIA BEACH, VIRGINIA FOR RONALD
BOONE E, JUDITH BOONE WARD M. HOLMES LAND
SURVEYOR, P.C." a copy of which is attached
hereto as "Exhibit All and made a part
hereof, to which reference is made for a
more particular description. This lease is
subject to any easements or restrictive
covenants of record, if any.
It is mutually covenanted, understood and agreed
between the parties hereto, as follows, to-wit:
1. The Tenant covenants to pay as rent for the
premises above described the sum of Five Thousand ($5,000.00)
Dollars in advance on the first day of and every
of each year thereafter during the continuance of
this lease. Such payments shall be made without any offset or
deductions whatsoever and shall be made without the necessity of
a formal demand. Payment shall be made only by check or money
order and shall be drawn payable to the "Treasurer e Cit
and mailed to the Director of Finance, City
Hall Building, Municipal Center, Virginia Beach, Virginia 23456,
attention: Larry Davenport.
2. The term of this lease shall be for a period of
2
five years from the date hereof and shall expire on the
day of 19
3. Notwithstanding any conditions herein to the
contrary, it is expressly agreed that Tenant's leasehold
interest in and to the said property shall be subject to the
following conditions:
ight at any time without
A. The city reserves the r
prior notice to instruct its personnel to enter upon said
property if required to do so in pursuance of its
responsibilities, provided, however, that the City shall make
every reasonable effort not to disrupt the business of Tenant in
the exercise of such routine entries.
B. The parties hereto acknowledge that the City has
certain powers, purposes, and responsibilities. The parties
zgree that in the event that the discharge of its
responsibilities thereunder require it, the City shall have the
right to require the immediate dismantling of any and all of the
improvements on said property, with the exception of pavement,
within four hours after notice is given to Tenant or any of his
managerial agents. Under such circumstances, the City shall
have the right to utilize said property solely and exclusively,
and Tenant agrees to surrender possession and control thereof
during such time as the City deems it necessary to utilize said
property for said purposes.
C. Further, the City reserves the right at any time
and for any reason to terminate this lease by giving notice in
3
writing to Tenant thirty (30) days or more in advance of such
termination. Any rent paid in advance by Tenant shall be
returned by the City in an amount to be prorated according to
the actual period of occupancy.
4. Tenant agrees that he will maintain the
improvements placed upon said property in a safe, clean, ana
orderly condition; that he will be responsible for the orderly
conduct of his patrons when on such property to the same extent
as he is responsible for their conduct on the remainder of his
property; and that he will act immediately in response to any
notices by the city with reference to the foregoing.
5. Tenant shall use the premises for a family-style
restaurant and related parking. Tenant shall comply with all
laws, rules, and regulations of City and all other governmental
,@authorities with respect to its use of the premises, and shall
not make, suffer, or permit any unlawful, improper, or offensive
use of such property or permit any nuisance thereon.
It is expressly understood and agreed that all
activities on the premises are solely that of Tenant and Tenant,
in no way, represents or acts on behalf of city or any
department thereof.
Tenant shall use the premises only for the purposes
listed herein, and any other use thereof unless necessarily
incidental to such listed and allowed uses shall constitute a
breach of the Lease and may cause its immediate termination.
6. Tenant agrees that at the expiration of this
4
lease, or upon termination thereof pursuant to the terms hereof,
he will promptly restore said property to the same condition in
which it existed prior to his occupancy, with the exception of
the removal of any pavement thereon.
7. With regard to the property leased hereby, Tenant
agrees to indemnify and save harmless the City and all their
employees from and against all losses and expenses incurred
Ibecause of claims, demands, payments, suits, actions,
recoveries, and judgments of every nature and description
brought or recovered against them by reason of any injuries to
property or person, including death, occurring on said land or
arising out of Tenant's use of said land. Tenant further agrees
to maintain and pay for such insurance as is necessary to
effectuate the foregoing purposes, and further agrees that the
City shall be named in such insurance policy as named insured.
11 In this connection, Tenant agrees to amend the present
comprehensive general liability insurance to include the leased
property in an amount not less than $1,000,000-00, combined
single limits f such insurance policy or policies. It is the
intent of this agreement that Tenant shall assume all
responsibilities and liabilities, vested, or contingent, with
relation to the property leased hereunder.
8. The City shall have no responsibility or
repairs to said premises during the
obligation to make any
continuance of this lease. City reserves the right to make
repairs, at its option, if it so desires to do and it shall have
5
the right to enter upon the premises and make a detailed
inspection of the property for this purpose and also for the
purpose of ascertaining that the covenants of this lease are
being satisfactorily performed by the Tenant. City shall not be
liable to the Tenant or to any other person for any loss or
damage occasioned by failure to keep said premises in repair, or
resulting from any latent or patent defect in said premises, nor
for any damage arising from any act or neglect of any occupant
of the same premises or of adjunct or contiguous property.
9. The Tenant shall not make any alteration or
additions to the premises or other improvements without first
obtaining City's written approval. The lessee further agrees to
close the two southernmost entrances shown on the attached
exhibit that border the paved section of Shore Drive so as to
restrict the ingress and egress to the property hereby leased.
Access to the property is to be via Rockbridge Road and
Dinwiddie Road only. The lessee shall submit for approval a
traffic control plan to the City of Virginia Beach, Department
of Public Works/Traf f ic Engineering Division showing the closure
of the aforesaid entrances and the restricted ingress and
egress.
10. If default shall be made in the payment of the
rent or any part thereof, or if default be made in the
performance of any of the covenants or agreements herein
contained to be kept by the Tenant, or if the premises or any
part thereof shall be vacant, the City or its representatives
6
may without notice to the Tenant, declare the terms of this
lease ended and re-enter the said premises or any part thereof.
Such action shall be without prejudice to any remedies, which
might otherwise be used for arrears of rent or for the breach of
covenants. Tenant hereby expressly waives the service of any
notice in writing of intention to re-enter. City shall be the
sole judge of what shall constitute a violation of the covenants
or agreement contained herein.
ii. If at any time during the term of this lease, the
Tenant should be adjudged as bankrupt or insolvent by any
federal or state court of competent jurisdiction, such
adjudication shall terminate and cancel this lease without any
further action on the part of either party hereto, and the City
may at once re-enter and take possession of said premises.
12. Any notice required in writing hereunder shall be
by registered mail directed to the following addresses:
City of Virginia Beach Ronald W. Boone
c/o Larry Davenport Judith N. Boone
Office of the Director of Finance c/o Judy Boone Realty, Inc.
City Hall Building 809 E. Ocean View Avenue
iMunicipal Center Norfolk, Virginia 23503
Virginia Beach, Virginia 23456.
Possession of a return receipt duly signed by the City or
Tenant, or his agent, shall be prima facia evidence of the
receipt of such notice. Notice may, in addition, be served in
any other manner provided by law.
13. This lease agreement is an integrated instrument
and no other consideration, representation, parole promise,
agreements, or conditions, other than those set forth above have
7
boon Made - 14. This Leage may not be assigned Or transferred and
the leased premifes IMOY not be sublet, either in whole 5r in
part, by Tenant without Cityfe prior written consent.
15. Thig Lease affects only that property dfisignated
on th* plat attached hereto as "EXHIBIT Allf "PROFQSED LLASE AREA
11,452.95 SQ. FT.'-, fronting on Shore Drive a.-Id 4 portion of the
area shown as Loudoun Park. This Lease does not grant any
rightS or privileges with regard to city right of way located on
Dinwiddia Road or Rockbridge Road,
ilwe, the undersignod Tenant aforesaid, hereby accept
all of the terms and conditions set forth above and hereby
covenant and agree to assume all of the charges enumorated
herein to comply with all the provisions herein set forth.
wiTNEss the following signatures and seals;
CITY OF VIROXNIA BEACH
By c ty manager/ u hor Z* (SEAL)
Designee of city Manager
ATTRST:
EAL)
APPROVED AS'l-0
LEGAL SUI-Fll-,IEI@. -Y EAL)
ATTEST:
secretary
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, tO-Wit:
I , I a notary public in and
for the city and state aforesaid, do hereby certify that
, CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY
MANAGER, on behalf of the City of Virginia Beach, Virginia,
whose name is signed to the foregoing writing, bearing date the
day of 19_, has acknowledged the
same before me in my city and state aforesaid.
Given under my hand this day of
19
Notary Publ c
my commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, I a notary public in and
for the city and state aforesaid, do hereby certify that RUTH
HODGES SMITH, CITY CLERK, on behalf of the City of Virginia
Beach, virginia, whose name is signed to the foregoing writing,
bearing date the day of lg_, has
9
in my city and StatO aforescid.
acknowledgad th* samc bofore
GiVen under lY hiand this day of
3.9
NOtary
my Commission Expir*S:
STATIE OF
CITY OF to-Wit:
, a nqtary pAblic in and
for th8 C ereby certify th&t RONALO
w. BOONE and JUDITH N- BOONE, whose naMeB ed tg the
fore.901ng writinci, @earing date the day of
19@v , have acknowledcjed the same before Me in
state aforesaid.
iven uhder iny hand thio day of
-, 19 q / .
commission Expi @/O;v /y @
10
-R-A- Y
LOCATION MAP
SEE GRID EIO
8
ITE
12
1 3
JoiDs tfap 12 9
2.1 ......
15 -
e
CONSEAT AGENDA ITEM # 38257
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Special Safety Improvement Program - k-irginia Department of
Transportation (VDOT) -City of Virginia Beach:
Ordinance to ACCEPT and APPROPRL4TE a $600,000 Grant to Traffic Safety
Improvements (CIP #2-816); and, TR4NSFER $60,000 within the Capital Improvement
Program as the required City match.
Resolution re eliminating safety hazard@v on Shore Drive from the West Gate of Fort,5tory
to Atlantic Avenue (approximately 2.5 milev).
Resolution re Euclid Road crossing of the Southern Railroad.
Mayor Oberndorf advised relative the improvements, a resident of 82nd Street, has requested the City
install two @a 25-miles an hour signs on his curb, one facing the east and other facing the west.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W
Harrison, Jr., Barbara M. Henley, Louis R. Jonev, John D. Moss, Mayor
Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louiva M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
None
August 2, 1994
I AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT
2 FROM THE STATE IN TEE AMOUNT OF S600,000 TO
3 PROJECT #2-816 TRAFFIC SAFETY IMPROVEMENTS AND
4 TRANSFER $60,000 WUM THE CAPffAL IMPROVEMENT
5 PROGRAM AS THE REQUIRED CffY MATCH FOR THE PURPOSE
6 OF ELIMINATING TRAFFIC HAZARDS ON SHORE DRIVE
7 AND ON EUCLID ROAD
8 @REAS, the Virg@a I)epartment of Transportation (VDO'I') has accepted an application from the City
9 and awarded a $600,000 total grant for eliminating traffic hazards on Sh(,re Drive ($550,000) and on Euclid Road
I 0 ($50,000);
1 1 @REAS, improvernents under consideration for Shore I)rive from the intersection of 83rd Street to the
1 2 west gate entrance at Fort Story, will be designed to alleviate the seventy -)f accidents along Lhis corridor;
1 3 WHEREAS, improvements under consideration for Euclid Road, at the intersection of the Southem Railroad
1 4 crossing, will be designed to reduce the potential for ftiture accidents at th i., railroad crossing@
1 5 V&MREAS, the grant requires a I 0% match in lc>cal l'unding, or $60,000,
1 6 @REAS, there is $60,000 available from surpluses within the (:apital Improvement Program to provide the
1 7 required match in city ftmds,
1 8 NOW, THEREFORE, B17 IT ORI)AINED BY THE COUNCII, OF'FHE CITY OF VIRGINIA BEACH,
1 9 VIRGINIA, that the grant from the State in the amount of $600,000 fOF hazard elimination be accepted and
20 appropriated to Project #2-816 Trafl-ic Safety Improvements@
2 1 BE IT FURTHER ORDAINEI) that the $60,000 in required citn matching ftmds be transferred from surplus
22 funds within the Capital Improveinciit Program, as follows
23 FROM: #2-042 N611 Darn Bridge $ 2,326
24 #2-075 Rosemont Road Phase IV 27,386
25 #2-098 Princess Aruie/Seaboard Road 5,522
26 #2-925 Northampton Boulevard Phase 1 2,202
27 #2-962 Pungo Ferrv Bridge Replacement 3,003
28 #2-410 Great Neck Road Phase II 19@561
29 ']'(,tal 0
3 0 TO: #2-816 TraTic Safetv Improvements
3 1 Adopted the 2 dav ol@ August 1994. by the C:oLmcil of the City of Virginia Beach, Virginia.
32 This ordinance shall be in effect from the date of its adoption.
7P@ AS TO
Jr.
n
@cy I)epartment of Managemcnt a d Li,i(iget
SWAshorgrnt. ord
PROJECT PROGRAXMING RESOLUTION
HAZARD ELIMIRATION PROJECTS
WHEREAS, in accordance with virginia Department of
Transportation construction allocation procedures, it is necessary
that a request by Council resolution be made in order that the
Department program an urban highway project in the City of Virginia
Beach; now
THEREFORE BE IT RESOLVED, that the City Council of Virginia
Beach, Virginia requests the Virginia Department of Transportation
to establish a project for the improvement of the Euclid Road
crossing of the Southern Railroad.
BE IT FURTHER RESOLVED, that the City Council of Virginia
Beach hereby agrees to pay its share, 10%, of the total cost for
preliminary engineering, right-of-way and construction of this
project, and that if the City subsequently elects to cancel this
project, the City hereby agrees to reimburse the Virginia
Department of Transportation for the total amount of the costs
expended by the Department through the date the Department is
notified of such cancellation.
Adopted this 2 day of August 19 94
City of Virginia Beach, Virginia.
BY: Y@
May /City Manage@
ATTEST
@erk of Counbil AO TO
nfe
6/30/94
PROJECT PROGRAMMING RESOIUTION
HAZARD ELIMINATION PROJECTS
WHEREAS, in accordance with Virginia Department of
Transportation construction allocation procedures, it is necessary
that a request by Council resolution be made in order that the
DePartment program an urban highway project in the City of Virginia
Beach; now
THEREFORE BE IT RESO@,IVED, that the City Council of Virginia
Beach, Virginia requests the Virginia Department of Trarisportation
to establish a project for thc@ improvement of Shore Drive to
eliminate safety hazards from the west gate of Fort Story to
Atlantic Avenue a distance of approximately 2.5 miles.
BE IT FURTHER RESOLVED, that the City Council of Virginia
Beach hereby agrees to paY its share, 10%, of the total lost f,r
preliminary engineering, right-of-way and construction of this
project, and that if the city subsequently elects to cancel this
project, the City hereby agrees to reimburse the Virginia
Department of Transportation for the total amount of the costs
expended by the Department through the date the Department is
notified of such cancellation.
Adopted this Second day of August 19 9-4
City of Virginia Beach, Virginia.
BY:
MI
ATTEST
Cl k of Council A@:-@ TO
C, y
nfe
6/30/94
16 -
CONSENT AGENDA ITEM # 38258
Upon motion by rce Mayor Sessoms, seconded by Councilman Branc& City Council ADOPTED:
Ordinance to ACCEPT and APPROPRL4TE $64,609 from the Vlrg'na
Department of Housing and Community Development re housing
rehabilitation (Vlrginia Ho-ing Partnership Fund's Indoor
PlumbingIRehabilitation Program).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf Nancy X Parker, Vice Mayor William D.
Sessoms, Jr. and l,ouisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
August Z 1994
I AN ORDINANCE TO ACCEPT AND
2 APPROPRIATE $64,609 FROM THE
3 VIRGINIA DEPARTMENT OF HOUSING AND
4 COMMUNITY DEVELOPMENT FOR HOUSING
5 REHABILITATION
6 WHEREAS, the Department of Housing and Neighborhood
7 Preservation operates housing rehabilitation programs for the
8 benefit of the citizens of Virginia Beach;
9 WHEREAS, the Virginia Department of Housing and Community
10 Development has notified the City that it has made available
11 $64,609 in Indoor Plumbing/Rehabilitation Program funds for the
12 rehabilitation or reconstruction of eligible owner occupied houses
13 in Virginia Beach; and
14 WHEREAS, the Department of Housing and Neighborhood
15 Preservation is currently operating such a program and will
16 continue it with the use of these funds.
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
18 OF VIRGINIA BEACH, VIRGINIA:
19 That funds in the amount of $64,609 are hereby accepted
20 from the Virginia Department of Housing and Community Development
21 and appropriated to the Department of Housing and Neighborhood
22 Preservation for use as specified by the Virginia Housing
23 Partnership Fund's Indoor Plumbing/Rehabilitation Program.
24 BE IT FURTHER ORDAINED:
25 That estimated revenues from the Commonwealth of Virginia
26 are hereby increased by $64,609.
27 Adopted by the Council of the City of Virginia Beach,
28 Virginia, on the 2 day of August 1994.
29 CA-5664
30 ORDIN\NONCODE\INDOOR.RE
31 R-1 i,L@ NT
32 PREPARED: 06/25/94
- 17 -
.7
CONSENT AGENDA ITEM # 38259
Upon motion by Vice Mayor Sessonu, seconded by Councilman Branc,% City Council ADOPTED:
Ordinance to ACCEPT and APPROPRL4TE a $25,000 Grant from the
Vzrginia Chesapeake Bay Local Assistance Departinent,, ant
TRANSFER $17,120 as a grant match from the Ceneral Fund Reserve
for Contingencies re continuation of a full-time temporary
Environmental Platiner l position.
Voting.- 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck 111, Robert K Dean, William W
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E Oberndorf, Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and l,ouiva M. ';Irayhorn
Council Members Voting Nay:
None
Council Members Absent:
Non e
August 2, 1994
I AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT
2 IN THE AMOUNT OF $25,000 FROM THE VIRGINIA
3 CHESAPEAKE BAY LOCAL ASSISTANCE DEPARTMENT
4 AND TO TRANSFER $17,120 AS A GRANT MATCH
5 F'ROM THE GENERAL FUND RESERVE FOR CONTINGENC@
6 WHEREAS, the Commonwealth of Virginia's Chesapeake Bay Local
7 Assistance Department has provided a grant in the arnount of $25,000 to support the
8 continuation of a temporary position for one year's duration to carry out day to day oversight
9 and educational work of the City of Virginia Beach Chesapeake Bay Preservation Area
10 Program;
I I WHEREAS, this grant requires a casb match of $17,120 which is available in
12 the FY 1994-1995 General Fund Reserve for Contingencies in resources approved by the
13 Council for the match;
14 WHEREAS, the work to be provided through these resources are considered
15 vital to the continuing work in Chesapeake Bay preservation in Virginia Beach.
16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
17 CITY OF VIRGINIA BEACH, VIRGINIA, that a $25,000 grant be accepted from the
18 Commonwe-alth of Virginia, and be appropriated to the Departi-nent of Planning for
19 Chesapeake Bay preservation work, and that estimated Revenue from the Commonwealth be
20 increased by $25,000.
21 BE IT FURTHER ORDAINED that $17,120 be transferred from the FY 1994-
22 1995 Reserve for Contingencies to the Departi-nent of Planning for a required cash match for
23 the grant.
24 BE IT FURTHER ORDAINED that a fLIll time temporary position be
25 continued within the Department of Planning to carry out the work of this grant.
26 This ordinance shall be effective from the date of its adoption.
27 Adopted the 2 day of August 1994, by the Council of the City of
29 Virginia Beach, Virginia.
70
c
o@pL ot nt"@
- 18 -
Itetn 11-G.8
CONSENT AGENDA ITEM # 38260
UPon Motion by Councilman Moss, seconded by Council Lady fle,,Iey, City Council ADOPTED:
Ordi-nce to APPROPAL4TE $19,500 in the Parky and Recreation
SPec'al Revenue Fund to establish an "After-School" program at
LYNNHAVEN MIDDLE SCHOOL for he 1994-1995 Sch()Ol Year,
subject to:
City Manager and SchOOl Superintendent formulating a plan to expand
the 'After SchOOl" program to all Middle Schoolv atid devising schedule
whereby this will be accomplished.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; Ill, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E Oberndorf, Nancy K Parker, vi(e Mayor William D.
Sessoms, Jr. and @)uisa M. 5trayhorn
Council Members Voting Nay:
None
Council Members Absent,.
None
Councilman Moss DISCLOSED pursuant to Section 2.1-639,14(G) of the Code of rirginia, his wife is
C-tly employed by the City of rzrginia Beach 5chool Board as a Teacher earning an annual salary
in -- of $10,000. Councilman Moss declared he was able to participate in the transaction fairly,
objectively and in the public interest. Councilman Moss's letter of July 14, 1992, is hereby made a part
of the record.
August 2, 1994
I AN ORD]NANCE TO APPROPRIATE $19,500 IN THE PARKS AND RFCREATION
2 SPECIAL REVENUE FUND TO ESTABLISH AN AFTER SCHOOL PROGRAM AT
3 L AVEN M]IDDLE SCHOOL FOR THE
4 1994-95 SCHOOL YEAR
5 WHEREAS, the Department of Parks and Recreation has received numerous inquiries
6 from parents about the possibility of developing an after school program for rniddle school
7 students,
8 the Principal at Lynnhaven Middle School has deterrnined that there is a need
9 for an after school program at this school;
10 , the PrinciPal at Lynnhaven Middle School has requested the Department of
I I Parks and Recreation to work with the school to develop and operate such a progr-am;
1 2 , the DePartment of Parks and Recreation has implemented and operates after
1 3 school programs at the elementary schools in Virginia Beach and has the expertise and expelience
14 to implement and operate a similar program at Lynahaven Middle School;
15 , the Depaltment estimates that it wdl cost $19,500 to run the program, which
16 will be fully offset by registration fees;
1 7 , the after school program wifl not be a licensed school-aged child day center
1 8P-gr-- Instead, the program will be operated under a recreational-based concept of a drop in,
19 drop out fonnat; and
20 NOW THEREFORE, BE IT ORDAMM BY THE COUNCIL OF THE CITY OF
21 VIRGEWA BEACH, VIRG@; that $19,500 be appropriated from the Parks and Recreation
22 SPccial Revenue Fund to the Department of Parks and Recreation's FY 1994-95 Operating Budget
23 for the establishment of an after school program at Lynnhaven Middle School through the
24 cooperative efforts of the Virginia Beach City Public Schools and the Department of Parks and
25 Recreation for the 1994-95 school year; and
26 BE IT FURTHER ORD ; that estimated fee revenues in the Parks and Recreatio.
27 Special Revenue Fund be increased by $19,500.
28 Adopted by the Council of the City of Virginia Beach on the _ day of August, 1994.
29
30
31 APPROVE-0 AS TO
2 LEGAL SUFFICIF:NCY DePartmentofManagementandBudget
Item II-G,9a.
CONSENT AGENDA ITEM # 38261
Heath- Black, 2248 Sunstates Court, Suite 101, Phone: 496--3200, represented Dragas Homes
UPOn -tion by 1-ice May- Sessoms, seconded by Councilman Moss, city Council ADOPTED.
Ordinance to T@SFER from the (;eneral Fund Reserve for
Contingencies to reimburse the Water and Sewer Fund re costs of water
and -w- fees associated with Tidewater Buildtr@v Asvociati(,n (TBA)
charitable gift constructions:
Homearama Charity House $2,258
Voting: 11-0
Council Members Voting Aye:
John A. Baum, LinwOOd 0. Branch, III, Robert K Dean, William W.
Ha-ison, Jr., Barbara M. HelleY, LOuis R Jones, John 1). Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker, rz(,e Mayor William D.
Sessoms, Jr. andlouiva M Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
None
August 2, 1994
1 AN ORDINANCE AUTHORIZING THE TRANSFER $2,258
2 FROM THE GENERAL FUND RESERVE FOR
3 CONTINGENCIES FOR THE PURPOSE OF REIMBURSING
4 THE WATER AND SEWER FUND FOR THE COSTS OF
5 WATER A.ND SEWER FEES ASSOCIATED WITH
6 CONSTRUCTION OF THE 1994 CHARITY HOUSE
7 WHEREAS, the Tidewater Builders Association (TBA)
8 supports the Boys and Girls Club by donations generated from
9 proceeds of the sale of the TBA Homearama Charity House;
10 WHEREAS, the City of Virginia Beach wishes to show its
11 support for this charitable project by reimbursing the Water and
12 Sewer Fund for the costs of water and sewer fees associated with
13 the construction of the 1994 Charity House; and
14 WHEREAS, the 1994 Charity House is being built in the
15 Church Point subdivision by Dragas Homes, Inc., and the cost of
16 construction includes water and sewer fees of $2,258.
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
18 OF VIRGINIA BEACH, VIRGINIA:
19 That City Council hereby authorizes the transfer of
20 $2,258 from the General Fund Reserve for Contingencies for the
21 purpose of reimbursing the Water and Sewer Fund, as a charitable
22 gift, for the costs of water and sewer fees associated with
23 construction of the Tidewater Builders Association's 1994 Charity
24 House.
25 Adopted by the Council of the City of virginia Beach,
26 virginia, on the 2 day of August 1994.
27 This ordinance shall be in effect from the date of its
28 adoption.
29 CA-5617
30 ORDIN\NONCODE\CHARITY.ORD
31 R-5
32 PREPARED: 06/30/94
@T
DMB Ak- AS T
CTrY ATTOP@
- 20 -
Item II-G.9b.
CONSENT AGENDA ITEM # 38262
Robert Johnson, 4663 Haygood Road, #201, Phone: 363-9059, represented the Scholarship House.
Upon -tion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to TRANSFER from the General Fund Reserve for
Contingencies to reimburse the Water and Sewer Fund re costs of water
and sewer fees associated with Tidewater Builders Association (TBA)
charitable gift constructions:
Scholarship House $2,060
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl4 III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Ilenley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr and Iouisa M. @5trayhorn
Council Members Voting Nay:
Non e
Council Members Absent,-
Non e
August 2, 1994
I AN ORDINANCE AUTHORIZING THE TRANSFER OF
2 $2,060 FROM THE GENERAL FUND RESERVE FOR
3 CONTINGENCIES FOR THE PURPOSE OF REIMBURSING
4 THE WATER AND SEWER FUND FOR THE COSTS OF
5 WATER AND SEWER FEES ASSOCIATED WITH
6 CONSTRUCTION OF THE 1994 TBA SCHOLARSHIP HOUSE
7 WHEREAS, the Tidewater Builders Association (TBA)
8supports worthy area high school seniors with scholarships from the
9TBA Scholarship Fund;
10 WHEREAS, the Scholarship Fund receives its principal
11 funding from the proceeds of the sale of the TBA Scholarship House;
12 WHEREAS, the City of Virginia Beach has shown its support
13 for this program by reimbursing the Water and Sewer Fund, as a
14 charitable gift to the Scholarship Fund, the costs of water and
15 sewer fees associated with construction of the 1994 Scholarship
16 House; and
17 WHEREAS, the 1994 Scholarship House is being built in the
18 Bentley Gate subdivision by Residential Concepts Limited, and the
19 cost of construction includes water and sewer fees of $2,060.
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
21 OF VIRGINIA BEACH, VIRGINIA:
22 That City Council hereby authorizes the transfer of
23 $2,060 from the General Fund Reserve for Contingencies for the
24 purpose of reimbursing the Water and Sewer Fund, as a charitable
25 gift to the Tidewater Builders Association Scholarship Fund, the
26 costs of water and sewer fees associated with construction of the
27 Tidewater Builders Association's 1994 Scholarship House.
28 Adopted by the Council of the City of Virginia Beach,
29 Virginia, on the2 day of August
1 1994.
30 This ordinance shall be in effect from the date of its
31 adoption.
2CA-5616
3ORDIN\NONCODE\SCHOLAR.ORD
4R-5
5PREPARED: 06/30/94
AFIPPO@.IED AS TO LEGAI
SUFFICI@CY AND FORiii
-4D Cl'rY ATTORNEY
- 21 -
Item II-G.10
CONSENT AGENDA ITEM # 38263
Upon motion by Vice Mayor Sessomv, seconded by Councilman Branch, City Council ADOPTED:
Ordinance authorizing license refunds in the amount of $11,127.46 upon
application of certain persons and upon certification of the
Commissioner of the Revenue.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Robert K Dear4 William W
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf Nancy K Parker, Kice Mayor William D.
Sessoms, Jr. and Louiva M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
August Z 1994
@-.0 c@
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAFNED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications tor license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Radix II Inc. 1991-93 Audit 431.00 431.00
6230 Oxon Hill Road
Oxon Hill, MD 20745
Timothy M. Roscher L990-93 Audit 3C.00 30.00
T/A Bay Company
1317 Fundy Court
Virginia Beach, VA 23464
Run Auto Parts Inc. 1991-94 Audit 52.99 52.99
3783 Bonney Road
Virginia Beach, VA 23452
Certified as to Payment
,@erl P Vaugh,,ar
Commissioner a /Revenue
Approved as to form
Lesije L Lilley
City Attorney
This ordinance shall be efiective from date of
adoption,
The above abatement(s) totaling $ 513.99 were approved by the Council
2 Ailgust 94
of the City of Virginia Beach on the - day of ,g -
Ruth Hodges Smith
City Clerk
NO C@ 8 REV 3W
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONRR
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Montgomery Elevator Company 1991-92 Audit 298.61 298.61
One Montgomery Court
Moline, IL 61265
My Blind Spot Inc. 1991-94 Audit 2,46-@.58 2,463.58
332 N. Great Neck Road #107
Virginia Beach, VA 23454
Pets Warehouse Inc. 1990-93 Audit 73-,.88 737.88
P.O. Box 4129
Virginia Beach, VA 23454
Certifieci as to Payment:
Commissioner of tte@venue
Approved as lo form
City Attorney
This ordinance shall be effective trom date of
adoption.
The above abatement(s) totaling $ 3, 500.07 were approved by the Counci
Ati@ust- 94
of the City of Virginia Beach on the day of 19 -
Ruth Hodges Smith
City Clerk
NO C@ 8 REV W
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the foliowing applications for license retunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Ferguson, Albert F. & Virginia B. Bunch
T/A G & A General Contractors
121 Mimosa Road 1992-93 Audit 10.79 10.79
Portsmouth, VA 23701
Hise, Ruth E. 1991-93 Audit 41.66 41.66
P.O. Box 6254
Virginia Beach, VA 23456
Marston, Bryan L. 1993 Audit 32.40 32.40
2900 Fetsch Place
Virginia Beach, VA 23456
Certified as to Payment:
o erl P. Vaughan
Commissioner of the
Approved as to form
Leslie L. Lilley
City Attorney
This ordinance shall be effective trom date of
adoption.
The above abatement(s) totaling $ 84.85 were approved by the Council
Au-,ust 94
of the City of Virginia Beach on the day of 19 -
Ruth Hodges Smith
City Clerk
NO C@ a P", 3W
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date
Year Paid Base Penafty Int. Total
Costa mar Corporation ]@990-93 Audit 1,094.85
830 Juniper crescent #A
Chesapeake, VA 23320
Dunn Plastering Co. Inc. 1991-93 Audit 99-83 99.83
976 Edwin Drive
virginia Beach, VA 23464
Duritza's Enterprises In,. 1992-93 Audit 2,168.40 2,168.40
T/A Hilltop IGA
2528 Archdale Drive
virginia Beach, VA 23456
Certified as to Payment:
Approved as to form
sl@, L Lilley
This ordinance Shall be effective flom date of City Attorney
adoption.
The above abatement(s) totaling $ 3, 363. 08 were approved by the Council
of the City of Virginia BeaCh on the 2 day of 19 qL
Ftuth Hodges Smith
City Clerk
NO, CABRV
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty int. Total
Year Paid
Sperry, Thomas H. 1993 Audit 2,714.35 2 , 714. 35
T/A VA Beach Family Practice l,td.
1024 First Colonial Road #10,,
Virginia Beach, VA 23454
States Roofing Corporation 1992-93 Audit 900.74 900.74
P.O. Box 2274
Norfolk, VA 23501
Taylor, Linda M. 1991-92 Audit 30.00 30.00
T/A E E K
733 Foxrun Road
virginia Beach, VA 23452
valianos, Ernest G. 1,992-93 Audit 20.38 20.38
901 Ferry Plantation Road
Virginia Beach, VA 23455
Cerlified as to Payment
@oberl P. Vaugha
f trVRevenue
Commissioner o h
Approved as to form
L
Leslie L Lilley
City Atiorney
This ordinance Shall be efiective trom date of
adoption.
Theaboveabatement(s)lotaling $ 3,665.47 were approved by the Council
of the City of Virginia Beach on the day of Au-ust 94
19
Ruth Hodges Smith
City Clerk
22 -
APPOINTMENTS ITEM # 38264
ADD-ON
BY CONSENSUS, City Council:
Recorded Court Order Appointing Alternates:
BOARD OF ZONING APPEALS
J. William Garrington
Richard K. Stell
5 year terms
09101194 - 08131199
August 2, 1994
- 23 -
Item II-J.I.b.
APPOINTMEA'TS ITEM # 38265
ADD-ON
UPOn NOMINATION by ;-zce Mayor Sessoms, City Council Reaffirmed Appointment of.
CHESAPEAKE BAY ASAP POLICY BOARD
Robert K. Dean
No specified terni
*Councilman Dean shall be the only representative of City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, Robert Y- Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis P, Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker, rzce Mayor William D.
Sessoms, Jr. and Iouisa M Strayhorn
Council Members Voting Nay:
Non e
Council Members Absent:
None
August Z 1994
- 24 -
Item ll-Jl.c.
APPOINTMENTS ITEM # 38266
ADD-ON
Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED:
DEVELOPMENT AUTHORITY
Kenneth Barefoot
77iontas J. Lyons, Jr.
4 year term
09101194 - 08131198
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck 111, Robert K Dean, William W
Harrison, Jr., Barbara M. Henley, Louis P, Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D.
Sessotm, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
Non e
Council Members Absent:
None
August Z 1994
25 -
APPOINTMENTS ITEM # 38267
ADD-ON
UP- NOMINATION by Vice Mayor Sessolm, City Council REAPPOINTED:
PARKS,4ND RECREATION COMMISSION
G. Garland Payne
At-large
Henry 0. Pezzella
At-large
James H. Sellers
Lynnhaven
Mark H. Snyder
At-large
Paul A. West
At-large
3 year ternis
09101194 - 08131197
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker, @ice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
August 2, 1994
26 -
APPOINTMENTS ITEM # 38268
ADD-ON
Upo,, NomiNATION by Vice Mayor SessoM, City Council APPOINTED:
SCHOOL SITE SELECTION COMMI7TEE
Louisa M. Strayhorn
No specified terni
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, 111, Robert K Dean, William W
ilarrison, Jr., Barbara M. Henley, Louis P, J()nes, John D. Moss, MaY-
Meyera E. Oberndorf, Nancy y_ parke, irce Mayor William D.
sesso,w, Jr. and Louisa M. Strayho-
Council Members Voting Nay:
None
Council Members Absent:
None
August Z 1994
- 27 -
item ii-ii.f
APPOINTMEA'TS ITEM # 38269
ADD-ON
Upon NOMINATION by Vice Mayor @essoms, City Council APPOINTED:
TIDEWATER TRANSPORTATION DISTRICT COMMISSION
Lou@a M. Strayhorn
No specified terni
Voting: 11-0
Council Meynbers Voting Aye:
John A. Baum, Linwood 0. Branch, Ill, Robert K Dean, William W
Harrison, Jr., Barbara M. ]Ienley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and louisa M Strayhorri
Council Members Voting Nay:
None
Council Members Absent.-
None
August Z 1994
28 -
NEW BUSINESS ITEM # 38270
Upon motion by CounciL?nan Dean, seconded by Vice MaYol Sessoms, CitY Council ADOPTED:
Ordi-nce to "END and REORDAIN Sectio. 6-122 of the Code of
the CitY of Vlrginia Beach, Virginia, re beaches, boats and waterways.
(Sponsored by: Councilman Robert K Dean)
Voting: 11-0
Council Members Voting Aye:
JOhn A. Bawn, Linwood 0. Branch, III, Robert K Dean, William W,
Harrison, Jr., Barbara M Henley, Louis R Jones, John D. Moss, Mayor
Meyera E. Oberndorf Nancy K Parker, rice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
None
August 2, 1994
Requested by Councilmember Robert K. Dean
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 6-122 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO BEACHES, BOATS AND
5 WATERWAYS
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 6-122 of the Code of the City of Virginia Beach,
9 virginia, is hereby amended and reordained to read as follows:
10 Section 6-122. Operating motor boat, vessel, water skis, etc.,
11 while under influence of intoxicating beverages or
12 drugs.
13 (a) No person shall operate any watercraft or motorboat which
14 is underway (i) while such person has a blood alcohol concentration
15 at er greater than the bleed aleehel eeneentratien at iihieh i@
16 *anl:awf-,a3: te -- -,---te a meter- vehie4:e as pi-evided in seetien
17 24: 336 of 0.08 vercent or more by weight by volume or 0.08 grams or
18 more Per 210 liters of breath as indicated by a chemical test
19 administered in accordance with section 6-122.2, (ii) while such
20 person is under the influence of alcohol, (iii) while such person
21 is under the influence of any narcotic drug or any other self-
22 administered intoxicant or drug of whatsoever nature, or any
23 combination of such intoxicants or drugs or (iv) while such person
24 is under the combined influence of alcohol and any drug or drugs,
25 to a degree which impairs his ability to operate the watercraft or
26 motorboat safely.
27 (b) No person shall operate any watercraft or motorboat which
28 is underway during any period for which such person has been
29 ordered not to operate a watercraft or motorboat pursuant to
30 section 29.1-738 or section 29.1-738.4 of the Code of Virginia, or
31 section 6-122 or section 6-122.4 of this code, or similar
32 ordinances of any county, city or town.
33 (c) For purposes of this article, the word "operatell shall
34 include being in actual physical control of a watercraft or
3 5 motorboat and "underway" shall mean that a vessel is not at anchor,
36 or made fast to the shore, or aground.
37 Any person who violates any provision of this section shall be
38 guilty of a Class 1 misdemeanor.
39 Adopted by the Council of the city of Virginia Beach, Virginia
40 on the 2nd day of -August 1994.
41 CA-5663
42 \ORDIN\NONCODE\06-122.Pro
43 R-1
44 July 18, 1994
APP!@)(" A@ TO
LEGAL @ll,.@@,,@F@CiENCY
2
30 -
NEW BUSINESS ITEM # 38272
ADD-ON
Councibnan Moss referenced a letter and attached Resolution from the Chairman of the Development
Authority received in City Council's Agenda Package.
Councibnan Moss requested a discussion be SCHEDULED prior to its placement on the City Council
agenda.
August 2, 1994
- 31 -
4
NEW BUSINESS ITEM # 38273
ADD-ON
Councibnan Moss advised the Tidewater Transportation District Commission has appointed a Bi-
Partisan Light Rail Commission. This is not representative of rlrginia Beach's interests.
Vice Mayor Sessoms advised representatives from the Pembroke and Iynnhaven Corridor were appointed
and this is perceived to eventually be the location of light rail.
August 2, 1994
- 32 -
Item II-K5.
NEW BUSINESS ITEM # 38274
ADD-ON
Councibnan Dean referenced the TASK FORCE REPORT ON JUVENILE CRIME STR,4TEGIES,
submitted by Daniel K Stone - Task Force Chairman. Councilman Dean complimented the City Manager
and staff on this incredible &)cument.
Councilman Dean has personally complimented Daniel,@tone. A formal BRIEFING will be SCHEDULED
for a City Council Session.
August Z 1994
- 33 -
Item H-K6.
NEW BUSINESS ITEM # 38275
ADD-ON
Mayor Oberndorf reminded City Council of the City Council Retreat on August 5 and 6, 1994, (Friday
and Saturday) at the PAVILION VIP Confer,,nce Roon.
August 2, 1994
34 -
e
ADJOURIVMENT ITEM # 38276
Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 3:26 P.M,
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
---- -- ---- --------------------------
th odge, &nitk CMCIAAE Meyera E. Oberndorf
City Clerk Mayor
City of Virginia Beach
lrzrginia
August 2, 1994