SEPTEMBER 27, 1994 MINUTES
"WORLD'S LARGEST RESORT CITY"
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CITY COUNCIL AGENDA .1@Nl(:Illl I l@N I l@
SEPTEMBER 27,1994
1. CITY MANAGER'S BRIEFING - Council Chamber - 3:30 PM
A. OCEANFRONT SPECIAL EVENTS AND ENTERTAINMENT RFP
James Ricketts, Director of Convention & Visitor Development
ii. INFORMAL SESSION - Council Chamber - 4:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
D. CITY COUNCIL CONCERNS
Ill. FORMAL SESSION - Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Peter Stiller
Saint Michael Lutheran 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 September 20, 1994
G. MAYOR'S PRESENTATION
1 . THE MAYORS OF ROMANIA
H. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the ordinary course of business
by City Council and will be enacted by ons motion in the form listed. If an item is removed from
the Consent Agenda, it will be discussed and voted upon separately.
1 Ordinance to TRANSFER $20,819 from the General Fund Reserve for Contingencies to
the FY 1994-1995 Operating Budget of the Clerk of the Circuit Court re providing Irings
benefits and equipment for four (4) new State positions.
2. Ordinance to authorize a temporary encroachment into a portion of the right-of-way of
Old Norfolk-Virginia Beach Road at 3284 Virginia Beach Boulevard to BEVERLY
ENTERPRISES, INC., re curb and pavement to widen driveway for safer access
(LYNNHAVEN BOROUGH).
3. Ordinance to authorize License Refunds in the amount of $23,311.47.
1. RESOLUTION/ORDINANCES
1. Sandbridge Beach and Shoreline Restoration and Management:
a. Resolution to authorize the City Manager to advertise a public hearing for the
creation of a special service district in Sandbridge; granting preliminary approval
to the format of a financial plan for the payment of the local share of a oost-
shared Federal Beach and Shoreline Management and Restoration project;
approving the public recreation easement and construction easement
documents; and, to direct the City Attorney and City Manager to obtain the
dedication of easements from 100% of the Sandbridge oceanfront landowners.
b. Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach,
Virginia, by ADDING a new Chapter 35.1 re Sandbridge Special Service DistricL
C. Ordinance to AMEND and REORDAIN Section 35-158 and 35-159 of the Code
of the City of Virginia Beach, Virginia, re the Transient Lodging Tax and
establishing an additional Lodging Tax within the Sandbridge Special Service
District to provide beach and shoreline restoration and management at
Sandbridge.
d. Ordinance to AMEND the ordinance establishing the tax levy on real estate for
Tax Fiscal Year 1995.
e. Ordinance to establish the Sandbridge Special Service District (SSSD) Special
Revenue Fund, transferring and appropriating revenues to the fund; to direct the
City Manager to budget the receipt and expenditures of SSSD funds; and, to
establish revenues of the SSSD Special Revenue Fund.
f. Proposed advertisement for Notice of Public Hearing.
2. Ordinance to AMEND and REORDAIN Section 2-20 of the Code of the City of Virginia
Beach, Virginia, re time and place of regular meetings of City Council.
3. Ordinance to APPROPRIATE $1,459,856 from the FY 1993-1994 Undesignated General
Fund Balance and $99,384 from the Water and Sewer Fund Retained Earnings for the
City Employees' Gainsharing Program.
4. Ordinance to Charge-Off $507,655.93 of uncollectible delinquent accounts as of June 30,
1994.
J. PUBUC HEARING
1. PLANNING
a. Application of VIRGINIA BEACH ECONOMIC DEVELOPMENT AUTHORITY for
MODIFICATION OF CONDITIONS to allow additional permitted uses and develop
a Village Center concept within a 24.0145 acre portion of the MXD2 District and
described as: "AREA = 1,046,071 square feet 24.0145 Acres' on plat entitled
"CORPORATE LANDING', LANGLEY AND MCDONALD ENGINEERS,
PLANNERS, SURVEYORS", on the West side of General Booth Boulevard 11,800
more or less North of London Bridge Road (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
b. Petition of GEORGIA-PACIFIC CORPORATION for the discontinuance,
and bandonment of portions of the following streets (KEMPSVILLE BOROUGH):
Mac Street: Beginning at the Southern boundary of Rouse Drive and running in
a Southerly direction a distance of 418.95 feet along the Eastern
property line and a distance of 375.82 feet along the Westem
property line to the Northern boundary of the Virginia Beach-
Norfolk Expressway.
Pri Stre t: Beginning at the Southern boundary of Rouse Drive and running in
a Southerly direction a distance of 744.71 feet along the Eastern
property line and a distance of 674.67 feet along the Western
property to the Northern boundary of the Virginia Beach-Norfolk
Expressway.
Deferred: March 22, 1994
Recommendation: DEFER AN ADDITIONAL 180 DAYS
C. Application of VIRGINIA BEACH ORTHOPAEDIC ASSOCIATES and CHARLES
S. FRIEDMAN for a Conditional Chanae of Zonina.. from @-
5D Beaidential x (ict to -1 ff- ri on the West side of
Kempsville Ftoad, South of Canterford Lane (1445 Kempsville Road), containing
34,848 square feet more or less (KEMPSVILLE BOROUGH).
Deferred: September 13, 1994
Recommendation: APPROVAL
d. Applications of COURTHOUSE BAPTIST CHURCH re property located 600 feet
Southwest of Princess Anne Road, .3 mile Northwest of Glebe Road (2641
Princess Anne Road) (PRINCESS ANNE BOROUGH):
(1) Chanae of Zonina District Classification from AG-1 Aaricul ural 1 (i t to
R-1 0 Residen ial ist(ict containing 20.64 acres.
Recommendation: DENIAL
(2) Conditional Use Permit forachurch modification), containing 11.22 acres.
Recommendation: APPROVAL
K. UNFINISHED BUSINESS
1. PUBUC HEARING
a. ELECTORAL PLAN - Reapportionment
L. NEW BUSINESS
M. 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@
9/22-/94bap
AGENDA\9-27-94.PLN
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
Sel)tember 27, 1994
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING to the k7RGINL4
BEACH CITY COUNCIL in the Cou,,cil Chamber, City flall Building, on Tuesday, September 27,1994,
at 3:30 P.M.
Council Members Present:
Linwood 0. Branch, III, Robert K Dean, William W. Harrison, ir.,
Barbara M. Henley, Mayor Meyera T,,. Oberrid()rf and Vi(@e Mayor
William D. @essoms
Council Members Absent:
John A. Baum [REPRESENTING WATER TASK
FORCEII GASTON -FOURTH
CIRCUIT COURT OF APPE,4LS IN
RICHMONDI EN7ERED: 4.-28 P.M.]
Louis R. Jones [RFPRESLNTIN(; WATER TASK
FORCEIL4KE (@'ASTON -FOURTH
CIRCUIT COURT OF APPEALS IN
RICIIMONDI ENTERED; 4:28 P.M.]
John D. Moss [(;OVERNMEN7'BUSINESSIARR@D
EXFCUTIVF, SF,@5SION
Nancy K Parker [P'NTFPED: 3:40 P.Ml
Louisa M. @trayho"i [PARTICIPATIN(; IN A TIDEWATER
I'RAN,5PORTATION I)I@5TR[C7'
COMMIS,@I()N 7RIP TO BOSTONI
Vice Mayor Sessoms, being a Corporate ()fficer of Central 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 Vice Mayor regularly makes this Disclosure as he
may or may not know of the Baiik's iiiterest iti any application that may come before City CounciL Vice
Mayor 5essoms' letter of @eptember 27, 1994, is hereby made a part of the record
Councilman William W. Harrisoit, Jr., DISCLOSED purvuant to,@ection 2.1 -639.14(E), Code of Virginia,
he is a partner in the law firm (@f Willcox & Savage, 1'. (-'., and earns an annual income that exceeds
$10,000. Councilman Harrisoti provides representatic)rtal services and will excuse himself from
participating in any meetings or discussions ()f the Council whereiri the interests of his clients may be
involved Councilman Harrison',% letter of @5eptember 13. 1994, i.% hereby made a part of the record.
Cit@@f
.1@IIAM D. SESSOMS JR, GREEN@REE ARCH
VICE MAYOR @I.GINIA BEACH, V RGINI@ @@ll
413 39@@
September 27, 1994
Mrs. Ruth Hodges Smith, 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 September 27, 1994, meeting of City Council for the purpose
of identifying any matters in which I might have an actual or potenfial conflict under the
Virginia Conflict of Interests Act. Based on that review, please be advised that, to the best
of my knowledge, there are no matters on the agenda in which I have a "personal interest,"
as defined in the Act, either individually or in my capacity as an officer of Central Fidelity
Bank. Accordingly, I respectfully request that you record this letter in the official records
of the Council.
Thank you for yotir assistance and cooperation in this matter.
Very truly yours,
William D. Sessoms, Jr.
Vice-Mayor
WDS,Jr./clb
- 2 -
CITY MANAGER'S BRIEFING
OCEANFRONT SPECIAL EIIENTS AND ENTERTAINMENT RFP
3:30 P.M.
ITEM # 38412
James B. Rickeus, Director, Convention and Vzsitor Development, referenced the PoUcy Report, Request
for Proposal and Agreement for Management of the Resort Special Events progran; which are hereby
made apart of the record. Currently, the Special Events and Entertainment Program are under contract
to Virginia Beach Events, Unlimited. and that contract expires at the end of December. 77ie City
Manager has designated the Dcpartment of Convention and Visitor Development as responsible for the
oversight of the aforementioned agreemerit. 7he Beach Events 1rogram is comprised of two separate and
distinct programs. Aere appearv to be confusion re the method of funding.
General Entertainntent: Ihe general entertainment component of the
Beach Events Ilrogram consists of a wide range of general family
entertainment activities, including but not limited to, music events, ethnic
festivals, musical theme nights, military displays and performances,
oceanfront musical and non-musical performances, and other small-
scale events and performances of a general famity-oriented nature.
Major Events: lhe nwjor events component of the Beach Events Program
consists of specific, pre-designated special evf'nts or series of events of
a large scale that usually last an entire day, ot- several days, and are
designed to have a povitive and substapitial ecollomic impact on the ('ity-
For calendar year 1994, the total VBEU budget for the general entertainment component is $293,271.
7he total JIBEU budget for the ntajor events, component is $1,578,067, Of these amounts the City
contributed $169,885 for the general entertainment component and $700,519 (which is derived mostly
from the transient tax) for the nzajor events component. VBEU supplements the City's appropriation with
sponsorships, in-kind services, concession revenues, etc. The administrative cost of these combined
components is $348,332 and comprises 18.6% of the total VBEU projected program budget. City
appropriated funds are paid quarterly atid TIBEU is required to submit detailed financial reports to
support their distributions of the appropriated funds. IIistorically, for ihe last ten years, the City has
funded the fireworks progrant by a separate appropriation, which amounts to approximately $61,000.
7hese funds were cut from the budget. 5econdly the Courtesy Patrol, which commenced in 1985 was also
funded by approximately $35,000 from the General Fundv. lhis appropriation decreased last year to
$3, 000. Mr. Ricketts requested VBEU to take over these two pr(@grams without funds to determine if these
events could be salvaged through sponsorships and coritinue the program. Ilroblems arose when the major
sponsor for the Courtesy Patrol w(,iit I)ankrupt.
Mr. Ricketts advised the issues to /)t, c()Ilsidered:
Contract for a Vendor to operate both the critertainment and special
events program with the ol@tiott to submit a I?roposal for the Courtesy
patrol and the fireworks.
Establish a Resort Events Division withiri the Department of Convention
and Visitor Developnient, or another specified City Department, that will
manage the irograms with an RFP process ,r grant program for the
major everits.
Mr. Ricketts advised the Reconinzendations:
1. City Council all()w the Department of C(@nvention and risitor
Developmerit to proceed with the PFP process.
2. At the conclusion of the PFI' process. iiicluding the final
negotiation phase, a recommendation will be made to either
accept the bid of an outside vendor or bring the program into
the Department of Convention and Visitor Development.
September 27, 1994
- 3 -
CITY MANAGER'S BRIEFING
OCEANFRONT SPECIAL EVENTS AND ENTERTAINMENT RFP
ITEM # 38412 (Continued)
Mr. Rickeus reviewed the Request for Proposal citing the differences between the proposed Agreement
and the current contract.
A five-year agreement with an initial period (,f fw() years with options
for one year extensions for three yearv.
Option for the Courtesy Patrol and the Oceanfront Fireworks.
Agreement requires the agency to give due consideration to City requesu,
for special events, which might surround a nwjor convention or special
event in the City.
The agreement add,%, a major event between 77tanksgiving and New Years
Day to increase the business within the resort area.
If in the City's ititercst, the agreement tightens the City's ability to restrict
sales and concessions on the Boardwalk and adjacent public spaces.
7he agency will be required to assign one staff member to oversee each
event.
7he Steering Conzmittee shall serve in a strong advisory capacity to the
vendor providing advice in the development of the program and
reviewing the firiancial information.
Ihe administrative cost shall be changed from the present cost plus
basis to a flat fee. The vender will advise the administrative cost to
operate the program in the various components. The fees are separate for
each program with no separate accounting, as the City is not responsible
for any of the cost over -runs.
7he financial terms require one bank account for all program funds.
Currently two separate bank accounts are required for the general
entertainment program and the beach events.
77ie financial reporting is changed from a quarterly to monthly basis.
77tirty days will be allowed to complete financial statements, as opposed
to the current fiftecii days.
In the event of early termination of the contract, the administrative fees
will be prorated on a daily basis.
Risk Managemerit has recommended the General Liabdity Insurance be
increased from $2-MILLION to $5-MILLION.
A contract bond of 25% of the administration fees was added to assure
perfornwnce in cotiformity with the agreemerit.
A paragraph has been added to protect the City ort the use of any patent
or copyrighted nwerial in terms of the event names.
A paragraph has been inserted to require ADA requirements and
accommodations
Ownerships of evenly and event names shall be v,ested to the City upon
expiration of the Contract.
September 27, 1994
- 4 -
CITY MANAGER'S BRIEFING
OCEANFRONT SPECIAL EVENTS AND ENTERTAINMENT RFP
ITEM # 38412 (Continued)
Relative the optional programs, Fireworks and Courtesy Patrol, both of
these programs will run fro- Memorial Day to Labor Day and the
administrative fee will be limited to 25% of the sponsorship @s raised
by the agency.
7he Time Table for the PFP is tight. A contract could be submitted to
City Council by Dccember 1, 1994.
Concern was expressed relative the termination clause and exclusivity paragraph. 77le Courtesy Patrol
and Fireworks will be eliminated from the RFP. Mr. Ricketts will advise City Council relative
recommendations for futiding thc (,(@urtesy Patrol.
September 27, 1994
5
ITEM # 38413
Mayor Meyera E. Oberndorf called to order the INFO SESSION of the "RGINL4 BE,4CH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 27, 1994, at 4:25 EM.
Council Members Present:
John A. Baum, Littwood 0, Branch, III, Robert K Dean, wllliam W
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf, Nancy K Parker and Vice Mayor William D. 5essolm, Jr.
Council Members Absent:
John D. Mosv and Louisa M. Strayhorti
September 27, 1994
6
ITEM # 38414
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTRE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose:
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 b-v counsel pursuant to Section 2.1-344(A)(7).
TO-Wit: Agenda Item III.J.I.a. - Development Authority Modification of Conditions
Sandbridge I,,'asement Agreements.
PUBLICLY 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 iiistitution pursuant to @ection 2.1-344(A)(3).
TO-Wit: AcquisitionII)ivpositioit of Public Prol,ertv - IYnnhaven
Borough
PERSONNEL AL4TTERS: Discussion or considt-ration of ()r interviews
of prospective can&dates for employment, assignment, appoi@ent,
promotiott, perf()rmayice, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or emplovees pursuant to Section
2.1-344 (A) (1)
]'o Wit: Appointments: Boards and Commissions:
Agricultural Review Board
(,'ommunity Development (,@()rporatiori
Upon motion by Vice Mayor Sessoms, seconded by C()uncilmaii Branch, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwo()d 0. Branch, III, Robert K. Dean, William W.
Harrisori, Jr., Barbara M. lienley, Louis R. Jones, Mayor Meyera E
Oberndorf, Naticy K. Ilarker and Vice Mayor William I). Sessoms, Jr.
Council Members Voting Nay:
Notte
Council Members Abserit:
John D. Moss and Louisa M. @Strayhorn
September 27, 1994
- 7 -
FORMAL SESION
VIRGINL4 BF.4CH CITY COUNCIL
Septeniber 27, 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, September 13, 1994, at 2:00 PM.
Council Members Present:
John A. Baum, Linwood 0. Branch, III, Robert K Deapt William W.
Harrison, Jr., Barbara M. Henley, Louis R Jones, John D. Moss, Mayor
Meyera F. Oberndorf, Nanc.v K Parker and @ice Mayor William D.
,5essoms, Jr.
Council Members Abseiit:
Louisa M. Strayho"i
INVOCATION.- Reverend Peter @tiller
Saint Michael Lutheran Church
September 27, 1994
8
e- I I-E I
CERTIFICATION OF
EXECUTRE SESSION
ITEM # 38415
Upon motion by Vice Mayor Sessotm, seconded by Council Lady Parker, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully @empled from Open Meeting
requirements by Ilirginia law were discussed iti Executive @ession to
which this certification resolutiori applies;
AND,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, divcussed or considered by
rzrginia Beach City CounciL
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Littw()od 0. Branch, III, Robert K Dean, William W
Harrisori, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. ()berridorf, Nancy K Parker and Vice Mayor William D.
Sessoiw, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. @tra-vhorti
September 27, 1994
art
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council codvened into EXECUTIVE SESSION,
pursuant to the affirtnative vote recorded in ITEM # 38414, Page No. 6, and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section '-).1-344. of the Code of Virginia requires a certirication by the
goveming body that such Executive Session was conducted in confonnity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Bcach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening tbis Executive Session were heard, discussed or
considered by Virginia Beach City Council.
uth Hodge@ mith, CMCI@
City Clerk September 27, 1994
9
MINUTES ITEM # 38416
UP- -oti- by Vice Mayor Sess-s, seconded by Council LadY Parker, City Council APPROTIED the
Minutes of the INFO AND FO SESSIONS of September 20, 1994, As "ENDED:
ITEM # 38408
Page 31
Council Lady Strayhor,, advised the City of Virginia Beach would pay
$25,000 th@ year and $2@,000 next year for the light rail study.
Councilman Moss did not want the vote interpreted as an approval of the
-penditure. Councilman Moss is requesting E. Dean Block Director of
Managetnent and budget to report relative this item, as he did not believe
it was approved iti the adoption of thc Budget.
Voting: 10-0
Council Members V,?ting Ay,:
John A. Baum, Linwood 0. Branc,% III, Robert K Dean, William W.
Ha-ison, Jr., Barbara M. Henley, L,?uis R. Jones, John D. Moss, Mayor
Meyera E. Obertidorf, Nanc), K Parker and Vz,7e Mayor uilliam D.
Se.ssoms, Jr.
Council Members Voting Nay.
Norie
Council Members Absent:
Louisa M. Strayhorn
September 27, 1994
- 10 -
em I -G a.
MAYOR'S PRESENTATION ITEM # 38417
Wade KYle, Administrator - @olid Waste, introduced the ROMANL4 DELEGATION, and their
SUPPORT STAFF visiting the City to study Virginia Beach's form of government.
RO@L4 DELEGATION
ADRIAN MORUZI
Mayor of Brasov, Romania
and
1'resident of the Federati(@n of Muiiicipalities
VICTOR SAVULESCU
Mayor of Ploiesil, Romania
GHEORGHE OCNEANU
Mayor of Piatra Neamt, Romallia
NICOLAE LA TCAN
@,Vfayor of Foscania, Roinai,iu
EMIL BALAN
Director, Division of Control and Synthesis in Bucharest
I)epart?nent of Public Administration
MIRCE,4 CIUMARA
Member of Parliament
President, Iubli( Administration C(,mmittee, R(,mania Parliame,t
SUPPORT STAFF
GABRIELA M,4 TEI
Director of ICm4lRomania
ALINA POPESCU
U,@AID RepresentalivelRomailia
BRAD HECKMAN
I(,'MA Research AssistanilWashington, D.C.
NADL4 BRUNSDEIN
Interpreter
JULIE DONAT
Interpret,@r
Mayor Oberndorf advised Mr. Kyle had been chosen by the International City Manager's Association to
journey to Romania to assist in devising a system for solid waste disposal
September 27, 1994
- 11 -
MAYOR'S PRESENTATION ITEM # 38418
Mayor Oberndorf recognized th, following Boy Scouts in attendance to earn their merit badges:
BOY SCOUT TROOP 419
Richard Hebner
Keith Schoenheiber
September 27, 1994
- 12 -
Item III-H.
CONSENT AGENDA ITEM # 38419
Upon motion by Vice Mayor Sessotm, seconded by Councibnan Brancli, City Council APPROVED in
ONE MOTION, Items 1, 2 atid 3 of the CONSENT AGENDA
Voting: 10-0
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 K Parker and Vice Mayor William D.
Sessona, Jr.
Council Members Voting Nay.
None
Council Members Absent:
Louisa M. Strayhorn
*Councilman Moss voted a VL,,RIJAL NAY on Item II.].
September 27, 1994
13 -
CONSENT AGENDA ITEM # 38420
Upon motion by rice Mayor @essonu, seconded by Councilman Branch, City Council ADOPTED.
Ordinance to TRANSFER $20,819 from the General Fund Reserve for
Contingencies to the PY 1994-1995 Operating Budget of the Clerk of the
Circuit Court re providing fringe benefits and equipment for four (4)
new State positions.
Voting: 9-1
Council Members Voting Aye:
John A. Bawn, Linw()od 0. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf, Nancy K Parker and Vtce Mayor William D. Sessotm, Jr.
Council Members Voting Nay:
John D. Mosv
Council Members Absent:
Louisa M. @tr@yhorn
September 27, 1994
I AN ORDINANCE TO TRANSFER APPROPRIATIONS OF $20,819 FROM THE
2 GENERAL FUND RESERVE FOR CONTINGENCIES FOR THE PURPOSE OF
3 PROVIDING FRINGE BENEFITS AND EQUIPMENT FOR FOUR
4 NEW STATE POSITIONS IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT
5
6
7 WHEREAS, the Clerk of the Circuit Court of the City of Virginia Beach has the responsibility for filing,
8 indexing and processing court actions, land records, marriage licenses, judgment liens, business names
9 and other public records; storing and maintaining public records; and providing access to these records
io to the public;
1 1
12 WHEREAS, the Clerk of the Circuit Court has experienced an increasing workload, especially in deed
13 processing over the past five fiscal years, and has been provided four additional State positions to address
14 this workload;
15
16 WHEREAS, the Clerk cannot absorb the cost of the fringe benefits and equipment for the four additional
17 State employees in its FY1994-95 City operating budget, and is requesting that the City provide additional
18 funds to cover these additional costs.
19
2o NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
21 VIRGINIA, that ftinds in the amount of $20,819 are hereby transferred from the General Fund Reserve
22 for Contingencies to the FY1994-95 Operating Budget of the Clerk of the Circuit Court to fund fringe
23 benefits and equipment for four additional employees provided by the State.
24
25 This ordinance shall be effective ftom the date of its adoption.
26 Adopted by the Council of the City of Virginia Beach, Virginia on the Twenty-seventh day
27 of September 1993.
28
29 APPROVED AS T'O CONTENT
30
3 iDEPARTMENT OF MANAGEMENT AND BUDGET
@:\b.dg.t\94-95\cc,f,i.g..,d ol. 40 @gh A.g.@t 22, 191)4
14 -
CONSENT AGENDA ITEM # 38421
Upon motion by Vice Mayor Sessoms, seconded by Cc)unciLpnan Branck City Council ADOPTED:
Ordinance to authorle a temporary encroachment into a portion of the
right-Of-way of Old NorfoLk-Virginia Be"h Road al 3284 Virginia
Beach Boulevard to BEVERLY ENTERPRISES, INC., re curb and
pavement to widen driveway for safer access (IY2VNILl TIEN BOROUGH).
The following conditions shall be required:
1. !he owrier agrees to remove the encroachment when notified by
the city, at no expense t() the city.
2. The owner agrees to keep and hold the city free and harmless
of any liabili as a result of the encroachment.
3. The owner agrees to nwintain said encroachment so as not to
become unsightly or a hazard.
4. The owner ()r its agent must submit and have approved a traffic
control Plan before commencing work in the City right.of- way.
5. 7he owner or its agent must obtain a permit from the
development @ervices Center prior to commencing any
constructi()Pl within the (,ity right.of-way.
6 Prior to issuarice of a permit, the (@wner or its agent must post
a Performance Bond and show proof ()f public liability
insurance (,f minimum of $500,000.
Voting: 10-0
Council Members Voting Aye.
John A. Baum, Linwood 0. Brancl; III, Robert K Dean, William W.
Harrison, Jr., Barbara M. lienley, Louis R Jones, John D. Moss, Mayor
Meyera E Oberndorf, Nancy K Parker and Vice Mayor William D
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. Strayhorti
September 27, 1994
1 AN ORDINANCE TO AUTHORIZE
2 A TEMPORARY ENCROACHMENT
3 INTO A PORTION OF THE
4 RIGHT-OF-WAY OF OLD
5 NORFOLK-VIRGINIA BEACH
6 ROAD TO BEVERLY
7 ENTERPRISES, INC., ITS
8 HEIRS, ASSIGNS AND
9 SUCCESSORS IN TITLE
10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12 That pursuant to the authority and to the extent thereof
13 contained in Section 15.1-893, Code of virginia, 1950, as amended,
14 BEVERLY ENTERPRISES, INC., its heirs, assigns and successors in
15 title is authorized to construct and maintain a temporary
16 encroachment into the right-of-way of Old Norfolk-Virginia Beach
17 Road at 3284 Virginia Beach Boulevard.
18 That the temporary encroachment herein authori,ed i, fo,
19 the purpose of constructing and maintaining curb and pavement and
20 that said encroachment shall be constructed and maintained in
21 accordance with the City of Virginia Beach Public Works
22 Department's specifications as to size, alignment and location, and
23 further that such temporary encroachment is more particularly
24 described as follows:
25 An area of encroachment into a
26 portion of the City's right-of-way
27 known as Old Norfolk-virginia Beach
28 Road at 3284 Virginia Beach
29 Boulevard, on the certain plat
30 entitled: "EXHIBIT 'At SHOWING 161
31 ENCROACHMENT FOR BEVERLY ENTERPRISES
32 LYNNHAVEN BOROUGH VIRGINIA BEACH,
33 VIRGINIA SCALE: 1"=201 JULY 11,
34 1994 BASGIER AND ASSOCIATES, It a copy
35 of which is on file in the
36 Department of Public Works and to
37 which reference is made for a more
38 particular description.
39 PROVIDED, HOWEVER, that the temporary encroachment herein
40 authorized shall terminate upon notice by the City of Virginia
41 Beach to any officer of Beverly Enterprises, inc., its heirs,
42 assigns and successors in title and that within thirty (30) days
43 after such notice is given, said encroachment shall be removed from
44 the City's right-of-way of Old Norfolk-virginia Beach Road and that
45 BeverlY Enterprile,, Inc., its heirs, assigns and successors in
46 title shall bear all costs and expenses Of such removal.
4 7 AND, PROVIDED FURTHER, that it is expressly understood
48 and agreed that Beverly Enterprises, Inc., its heirs, assigns and
49 successors in title shall indemnify and hold harmless the City of
50 Virginia Beach, its agents and employees from and again't all
51 claims, damages, losses and expenses including reasonable
52 attorney's fees in case it shall be necessary to file r defend an
53 action arising "t of the location or existence Of such
54 encroachraent.
55 AND, PROVIDED FURTHER, that the party of the second part
56 agrees to maintain said encroachment so as not to become unsightly
57 or a hazard.
58 AND, PROVIDED FURTHER, that this ordinance shall not be
59 in effect until such time that Beverly Enterprises, Inc. executes
60 an agreement with the CitY Of Virginia Beach encompassing the
61 aforementioned provisions.
62 Adopted by the Council of the CitY Of Virginia Beach,
63 Virginia, on the 27
- day of Septemb,r 19 94
64 08/15/94
65 TGA/tk
66 KENNEDY\NEXCOM.ORD
-i- i4%Q v CU A@ I U
'ITY
2
4
q
eA -
-1 I
i
I
@tr
:d'
.@ tr
,F. (r
. iL
o @
014'D
O\,
3284 BUILDING
3284 VA. BEACH BLVD.
1,142'- to CRANSTON LANE
VIRGINIA BEACH BOULEVARD (vARRlw)
EXHIBIT 'A'
SHOWINC
16' ENCROACHMENT
FOR
BEVER-LY ENTERPRISES
LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA
SCALE: I 20' JULY 11, 1994
B @ P Aqr-T
AND ASSOCIATES
ENGINEERS - SURVEYORS - PLANNERS
@iNtA BEACH, MRGINIA - NEWPORI NE:@. ARGIN@
THIS AGREEMENT, made this day of
19'@@i , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, GRANTOR, party of the first part, and
BEVERLY ENTERPRISES, INC., a Delaware corporation, ITS HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE, GRANTEE, party of the second
part.
W I T N E S S E T H:
That, WHEREAS, it is proposed by the party of the
second part to construct and maintain some concrete curb and
asphalt pavement in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining such curb and
pavement, it is necessary that the said party of the second part
encroach into a portion of an existing City right-of-way known as
Old Norfolk-Virqinia Beach Road; and said party of the second
part has requested that the party of the first part grant a
temporary encroachment to facilitate such curb and pavement
within a portion of the City's right-of-way known as Old Norfolk-
Virginia Beach Road.
NOW, THEREFORE, for and in consideration f the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further consideration of One
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the party of the second part ia -temporary
encroachment to use a portion of the City's right-of-way known as
Old Norfolk-Virginia Beach Road for the purpose of constructing
and maintaining such curb and pavement.
CITY RIG-,IT OF' NO GPIN
It is expressly understood and agreed that such
temporary encro,chment will b, constructed and maintained in
accordance with the laws of the COmmonwealth of Virginia and the
CitY of Virginia Beach, and in accordance with the city of
Virginia Beach Public works Departinent-s specifications and
approval as to si,e, alignment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the City's right-of-way known as Old
Norfolk-virginia Beach Road as shown on that
certain plat entitled: "EXHIBIT FA- SHOWING
161 ENCROACHMENT FOR BEVERLY ENTERPRISES
LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA
SCALE: 111=201 JULY 11, 1994 BASGIER AND
ASSOCIATES,lg a copy of which is attached
hereto as Exhibit I'A'l and to which reference
is made for a more particular description.
It is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the city of Virginia Beach to the party of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
City's right-of-way known as Old Norfolk-Virginia Beach Road by
the party of the second part; and that the party of the second
part shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the
party of the second part shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses -including
reasonable attorney's fees in case it shall be necessary to file
2
or defend an action arising out of the location or existence of
such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the party of the second part.
It is further expressly understood and agreed that the
party of the second part agrees to maintain said encroachment so
as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
party of the second part must submit and have approved a traffic
control plan before commencing work in the city's right-of-way.
It is further expressly understood and agreed that the
party of the second part agrees that no open cut of the public
roadway shall be allowed except under extreme circumstances.
Such exceptions shall be submitted to the Highway Division,
Department of Public Works, for final approval.
It is further expressly understood and agreed that the
party of the second part must obtain a permit from the
Development Services Center prior to commencing any construction
within the City's right-of-way.
It is further expressly understood and agreed that
prior to issuance of a Highway permit, the party of the second
3
part must post a Performance Bond and show proof of public
liability insurance of a minimum of Five Hundred Thousand Dollars
($500,000.00).
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the party of the second part
to remove such temporary encroachment; and pending such removal,
the party of the first part may charge the party of the second
part compensation for the use of such portion of the City's
right-of-way encroached upon the equivalent of what would be the
real property tax upon the land so occupied if it were owned by
the party of the second part; and if such removal shall not be
made within the time ordered hereinabove by this Agreement, the
City shall impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that such encroachment
is allowed to continue thereafter, and shall collect such
compensation and penalties in any manner provided by law for the
collection of local or state taxes.
IN WITNESS WHEREOF, the said Beverly Enterprises, Inc.
has caused this Agreement to be executed in its corporate name
and on its behalf by James R. Pietrzak, Vice President for
Property Management and Development. Further, that the City of
Virginia Beach has caused this Agreement to be executed in its
4
name and on its behalf by its City Manager and its seal be
hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
By
u'tY Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
C ty Clerk
ENTERPRISES, INC. , a
corporation
Pietrz k
sident
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in and for the City and state aforesaid, do hereby certify
that I CITY MANAGER/AUTHORIZED DESIGNEE OF
THE CITY MANAGER, whose name is signed to the foregoing Agreement
bearing date on the day of 1 19-1 has
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this day of 1
19-.
otary Public
My Commission Expires:
5
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I a Notary Public
in and for the City and State aforesaid, do hereby certify that
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH,
whose name is signed to the foregoing Agreement bearing date on
the day of 1 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 VI
CITY OF V A-BGACH, to
a Notary Public
in and for the City and State aforesaid, do her6by certify that
James R. Pietrzak, Vice President on behalf of BEVERLY
ENTERPRISES, INC. , whose name is signed to the foregoing writing,
bearing date the day of 19C;'/, has
acknowledged the same before me in my City and State aforesaid.
Given under my hand this day of
lit
19
ic
My Commission Expires:
My COMMISSION EXPIRES DrC. 1, 2001
CERTIFICATE OF ASSISTANT SECRETARY
OF
BEVERLY ENTERPRISES, INC.
I, HOLLY A. ODOM, Assistant Secretary of Beverly
Enterprises, Inc., a Delaware corporation (the "Company") DO
HEREBY CERTIFY as follows:
1) That the person named below is, as of the date
hereof, a duly elected, qualified and acting officer of the
Company, as indicated, and that the signature opposite
his name is his genuine signature:
Name OS-ItIC)n ature
James R. Pietrzak Vice President-
Property Manage
and Development
IN WITNESS WHEREOF, I have is certificate
andcaused the seal of the Company to reto this 13th
day of July, 1994.
(SEAL)
HOi
15 -
CONSENT AGENDA ITEM # 38422
UPOn -tion bY rlce Mayor @,ssom,, ,-,,ded by Councilman Brancl4 City Council ADOPTED.
Ordinance authorizing License i?ef,,d, in the -ount of $23,311.47
u n appl cat on of cert in r fi i
Po 1 1 a Pe sons and upon Certi Cal on of the
Co,nmissioner of the Revenue.
Voting: 10-0
Council Members Voting Ay,:
JOhn A. @"-, Linw-d 0. BrallcA III, Robert K Dean, WIlian W.
Ha-isOn, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E Oberndorf, Nancy K Plrker and Vice Mayor William D.
Sessoms, Jr.
Council Members voting Nay:
Non e
Council Members Absent:
Louisa M. Strayho"i
SePtember 27, 1994
FMM t4O, CA 0 REV. 3M
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 Penafty lnt. Total
Year Paid
Engel, H. Robert & Irish W. Peele
T/A Hatteras Silkscreen 1990-93 Audit 101,13 101.13
332 London Bridge Shopping Center
Virginia Beach, VA 23454
Floor Crafts Unlimited, Tnc.
5439 Scholarship Drive 1992-93 Audit 62 32 62.32
Virginia Beach, VA 23462
Gilbert & Son Enterprises, Ltd.
1364 London Bridge Road 103
Virginia Beach, VA 23456 1992-94 Audit 1,395.18 2,395.18
Certified as to Payment:
@bem P. Vaughan <-ff
Commissioner of the Revenue
Approved as to form:
@sli@. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 1 , 558. 63 were approved by the Council
27 Septemt)er 94
of the City of Virginia Beach on the day of 19 -
Ruth Hodges Smith
City Clerk
NO, CA 6 @. 3"
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 tor license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
Ucense Date Base Penalty Int. Total
NAME Year Paid
Blazer mortgage services, Inc. 1,595.02
8900 Grand Oak Circle 1991-93 Audit 1,593.02
Ta.p., FL 33637-1050
Cassidy, Larry R. 1992 Audit 3@.00 30.00
T/A L R cassidy Dive services
5717 Cheyenne Circle
virginia Beach, VA 23462
Di & i software Corporation
T/A Egghead Discount Software 1,256.21
Attn: Tax Dept. 1992-94 Audit 1,256-21
22011 SE 51st street
Issaquah, WA 98027
Certified as to Payment:
-Robert P. Vaughan (i
Commissioner of the Revenue
Approved as to form:
@s@e L. Lilley-
City A"orney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling 1,8111.23 were approved by the Council
27 September 94
of the City of Virginia Beach on the - day of 19 -
Ruth Hodges Smith
City Clerk
MM 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 following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penafty lnt. Total
Year Paid
Wessing, Donald J. 1992-93 Audit 151,20 151.20
T/A Palm Beach Bodies Tan/Tone
3057 Tyre Neck Road
Chesapeake, VA 23321
5 C'S Ltd. 1992-93 Audit '16 46 16,4
T/A Mr. Bulky Treats & Gifts
638-D may Avenue
Norfolk, VA 23504
Certiiied as to Payment@
Commissioner of the Revenue
Approved as to form:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaiing were approved by the Council
)7 September 94
of the City of Virginia Beach on the - day of 19 -
Ruth Hodges Smith
City Clerk
@"o, c@ 6
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 th,
Revenue are hereby approved:
NAME License Date Base Penafty Int. Total
Year Paid
Southern star Embroidery, Inc.
5040 Virginia Beach Blvd. Suite 107
virginia Beach, VA 23462 1992-93 Audit 514 3() 514.30
syscon Services Inc. 1992- 9 3 Audit 14,317.44 1 4 , 3 17 . 44
1000 Thomas Jefferson street, N.W.
Washington, DC 20007
Williams, Jeffery P. 1991-93 Audit 36.;@, 36. 00
T/A Good sports
1508 Colebrook Drive
virginia Beach, VA 23464
Certified as to Payment:
@bert P. Vaughan
Commissioner of the enu@
Approved as to form
IKe L. t@ley
This ordinance shall be effective from date of City Attorney
adoption.
The above abatement(s) totaling $ 14, 867. 74 were approved by the Council
27 September- 94
of the City of Virginia BeaCh on the - day of 19
Ruth Hodges Smith
City Clerk
NO. CA 8 REV. 3M
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 Penafty Int. Total
Year Paid
Robert D. Puder MD PC 1992-94 Audit 220 98 220,98
P.O. Box 61063
Virginia Beach, VA 23466
S. Wallace Edwards & Sons, Inc.
T/A Edwards' Virginia Ham Shoppe
of Virginia Beach
P.O. Box 25 1994 4/21/94 329.15 329.15
Surry, VA 23883
Santiago & Santos, Anesthesia, Inc.
4551 Professional Circle #202
Virginia Beach, VA 23455 1991-93 Audit 43.55 43.55
Certified as to Payment:
-<obert P. Vaughan
Commissioner of the Revenue
Approved as to form:
e L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 593 . 68 were approved by the Council
27 Septeml)er 94
of the City of Virginia Beach on the - day of 19 -
Ruth Hodges Smith
City Clerk
FMM NO. CA 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 following applications for license refunds, upon certification of the Commission,, of th,
Revenue are hereby approved:
NAME License Date
Year Paid Base Penalty lnt. Total
Network 90, Inc. 1991-93 Audit 33.3-,' 3 33 7
T/A Crystal Cove
108 Greenfield Road
Stafford, VA 22554
Northstar of virginia, Inc.
P.O. Box 65181 1992 Audit 352.oo 352.00
Virginia Beach, VA 23467
Perpetual Enterprises, Inc.
T/A Thalia Pizza/Mancusos Pi...
205 Ash Avenue #4 1992-94 Audit 37.',3 37.53
Virginia Beach, VA 23452
Certified as to Payment:
@obert P. Vaughan
Commissioner of thE
Approved as to form
This ordinance Shall be effective from date of
adoption.
The above abatement(s) totaling $ 422.90 were approved by the Council
27 Septemb(,r 94
of the City of Virginia Beach on the - day of 19
Ruth Hodges Smith
City Clerk
NO. C@ 8 @ 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 Base Penalty Int. Total
Year Paid
Martin, William P. Jr. L994 6/14/94 12(.00 120.00
T/A martin Screen Printing
5018 Cleveland Street
virginia Beach, VA 23462
moore, Michael E. 1991-.93 Audit 30.00 30.00
T/A American Products
1580 Dylan Drive
Virginia Beach, VA 23464
Murphy, Kenneth Duke 1994 6/8/94 3@@.00 30.00
5220 West Lake Drive
Virginia Beach, VA 23455
Cerfitied as to Paymenti
7
el P Vaugh.
Commissioner of I
Approved as to form:
Les@ie L. Lilley v
City Attorney
This ordinance shall be eflective from date of
adoption.
The above abatement(s) totaiing $ 180-00 were approved by the Council
- September 94
oi the City of Virginia Beach on the day of 19 -
Ruth Hodges Smith
City Clerk
NO. CA & AV, 3M
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 Penafty lnt. Totai
Year Paid
Kelly, Garrett M. 1993 Audit 836.IL 836.11
1446 Kempsville Road, Suite 202
virginia Beach, VA 23464
Lefcoe Sachs Schiff Weinstein
904 Kempsville Road 1994 6/7/94 1,350.81 ),350.81
virqinia Beach, VA 23464
Leonard, Barry S. 1991-93 Audit 24.22 24.22
T/A B & R Lawn service
2012 Ardmore Avenue
Chesapeake, VA 23324
Certified as to Payment@
-Robert P. Vaughan
Commissioner of th
Approved as to form
L slie L. Lilley-
ity Attorney
ThiS ordinance shall be effective from date of
adoption.
The above abatement(s) totaling 1,111.14 were approved by the Council
27 September 19 94
of the City of Virginia Beach on the - day of
Ruth Hodges Smith
City Clerk
PiO. CA 0 REV, 3M
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 C@ OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
Ucense Date Base Penalty Int. Total
NAME Year Paid
Handelman, Gerald M. 1994 6/9/94 10.(0 10.00
T/A Designer Showcase Ltd.
5312 Thornbury Lane
Virginia Beach, VA 23462
Hill, Twanna R. 1992-93 Audit 27.15 27.15
1516 Mitcham Court
Virginia Beach, VA 23464
House of Classics, Inc. 1992-94 Audit 391.i4 391.34
T/A House of Plastics
5461 Virginia Beach Blvd-
virginia Beach, VA 23462
Certified as to Payment:
@obert P. Vaughan
Commissioner of the @e,,.e
Approved as to form:
14 -L. L ill e-y
City Attorney
This ordinance shall be effective trom date of
adoption,
The above abatement(s) totaling $ 426.49 were approved by the Council
September 94
of the City of Virginia Beach on the - 27 day of 19 -
Ruth Hodges Smith
City Clerk
16 -
e-
RESOLUTIONSIORDINANCES ITEM # 38423
'he following spoke in SUPPORT of the Resolutio,,:
Attorney R. J. Nutter, 4425 Corporation Lane, Phone: 671-6000, represented 12 oceanfront property
owners.
Bernie C Williams, 2832 Sandbridge Road, Phone: 721-6418, l@resident of the Sandbridge Beach Civic
League
James E MacLin, 3012 Sandfiddler Road, Phone: 721-5020
Sam Ames, 2300 North Sandfiddit,r, I'horie: 426-2939, represeiifcd the Oceanfront Property Ow,,ers
Association.
7'he following spoke in OPPOSITION to the Resolution
l,ou Pace, 1908 Hunts Neck Court, I@hone: 468-0925
Upon motion by Council Lady Ilt-tiley, seconded by @ice Mayor ';essoms, City Council ADOPTED:
Resolution to authorize the City Manager to advertise a public hearing
for the crcation of a special service district in Sandbridge; granting
preliminary approval I() the format of a financial plan for the payment
of the local share of a cost-shared Federal Beach and Shorefine
Management and Restoration project,, approving the pubuc recreation
easement and construction easement documents; an4 to direct the City
Attorney and City Manager to obtain the dedication of easements from
100% of the Sandbridge oceanfront landowners.
(DRAFT ORDINANCES WILL BE PRESENTED LATER FOR COUNCIL ACTION)
A PUBLIC HEARING shall be S(,IIP,I) ULFD for October 25, 1994, with v(?te ()f appropriate ordinances
on November 1, 1994.
Voting: 7-3
Council Members Voting Aye:
John A. Baum, l,iftwood 0. Branch, III, William W. Ilarrison, Jr.,
Barbara M. Henley, Louis R. Jones, Mayor Meyera f,. Oberndorf and
Vice Mayor William D. 5essoms, Jr.
Council Members Voting Nay:
Robert K Deali, J()hn D. Moss and Nancy K Parker
Council Membcrs Absent:
Louisa M. @travh(@rri
September 27, 1994
1 A RESOLUTION AUTHORIZING THE CITY MANAGER TO
2 ADVERTISE A PUBLIC HEARING FOR THE CREATION OF
3 A SPECIAL SERVICE DISTRICT IN SANDBRIDGE;
APPROVING THE CONCEPT OF THE PROPOSED
5 FINANCIAL PLAN FOR THE PAYMENT OF THE LOCAL
6 SHARE OF A COST-SHARED FEDERAL BEACH AND
7 SHORELINE MANAGEMENT AND RESTORATION PROJECT;
8 APPROVING THE PUBLIC RECREATION EASEMENT AND
9 CONSTRUCTION EASEMENT DOCUMENTS; AND DIRECTING
10 THE CITY ATTORNEY AND CITY MANAGER TO OBTAIN
11 THE DEDICATION OF EASEMENTS FROM 100% OF THE
12 SANDBRIDGE OCEANFRONT LANDOWNERS.
13 WHEREAS, on June 7, 1994, the city Council adopted a
14 resolution endorsing the Commonwealth's concept for the funding of
15 a cost-shared federal beach and shoreline management and
16 restoration project for sandbridge (the Project) and Proclaiming
17 the councii,s intent to become the local sponsor for the Project
18 subject to three contingencies: (1) the establishment of financing
19 of the local share through the creation of a special service
20 district in Sandbridge with the consent of a majority of the
21 landowners; (2) the Commonwealth's return of $2.8 million of the
22 purchase price paid for the camp Pendleton property; and (3) the
23 dedication by oceanfront landowners of easements or other
24 conveyances sufficient to insure a public beach along the entire
25 Project area; and directed staff to return to Council on September
26 27, 1994, with proposed ordinances implementing the local funding
27 for the Project;
28 WHEREAS, in furtherance of council's direction, the City
29 Attorney's Office distributed a petition to Sandbridge landowners
30 to determine whether a majority consent to the creation of a
1 special service taxing district and has received affirmative
2 responses indicating the desire of over 51% of Sandbridge
3 landowners that the special service district be created for the
4 purpose of beach and shoreline management and restoration in
5 Sandbridge;
6 WHEREAS, the staff has prepared a financial plan and
7 implementing ordinances for funding the local share of the Project;
38 WHEREAS, the 1994 General Assembly of the Commonwealth of
39 Virginia, Senate Bill 449, has proposed to return $2.8 Million of
40 the purchase price of the Camp Pendleton property for support of a
41 cost-shared federal beach and shoreline management and restoration
42 project for the Sandbridge area;
43 WHEREAS, the City Council recognizes that in order to
44 undertake the Project, the local sponsor must assure the Corps of
45 Engineers that a public beach exists prior to the execution of a
46 Project Cooperation Agreement for construction;
47 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
48 OF VIRGINIA BEACH, VIRGINIA that the Council approves, in concept,
49 the financing plan for the payment of the local share of a federal
50 beach and shoreline management and restoration project in
51 Sandbridge and authorizes the City Manager to advertise for public
52 hearing the creation of a special service taxing district in
53 Sandbridge as well as the proposed ordinances which are necessary
54 and appropriate to fund the payment of the local share;
55 AND BE IT FURTHER RESOLVED that the Council approves the
56 substantive form and content of the public recreation easement and
57 construction easement documents and authorizes and directs the City
58 Manager and City Attorney to take all necessary steps to obtain the
59 voluntary dedication of easements from 100% of the Sandbridge
60 oceanfront landowners along the entire Project area and to seek
61 dedications upon approval of the Sandbridge special Service
62 District.
63 Adopted by the Council of the City of virginia Beach,
64 virginia, on the 27 day of Sept--mber 1994.
65 CA-5729
66 ORDIN\NONCODE
67 CA5729.RES
68 R-6
1
2
3
4
AN ORDINANCE TO AMEND AND REORDAIN THE CODE OF
THE CITY OF VIRGINIA BEACH, VIRGINIA, BY
ADDING THERETO A NEW CHAPTER 35.1, PERTAINING
TO THE SANDBRIDGE SPECIAL SERVICE DISTRICT.
5
6
7
8
9
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the Code of the City of Virginia Beach, Virginia, is
hereby amended and reordained by adding thereto a new Chapter 35.1
to read as follows:
10
11
12
13
14
15
16
17
CHAPTER 35.1
SANDBRIDGE SPECIAL SERVICE DISTRICT
Section 35.1-1. C~eation of the Sandbridqe Special Service
District.
kursuant to the authority contained in Section 15.1-18.3 ol
the Code of Vir inia there is hereb created a S ecial Service
District at Sandbrid e for the ur oses set forth in subsection
~C) (1) of Section 15~1-18.2 of the Code of Virqinia,
18
19
2O
Section 35.1-2. N_ame of district
The service district shall be known as the Sandbridqe Specia~
Service District.
21
22
23
24
25
26
27
28
29
30
31
Section 35.1-3. ~oundaries of the Sandbridqe Special Servic
Distr__ict.
The Sandbridqe Special Service District shall be known and
described as follows:
That property located in Sandbridge and bounded on the north
b the USN Fleet Combat Trainin Center Atlantic. on the south b
the Little Island Park- on the east b the Atlantic Ocean. and on
the west north of Sandbrid e Road b the western boundar of the
subdivision known as "Sandbridqe North Area", and south o~
Sandbrid e Road bthe ro ert of the United States of America
and the Back Bay National ~il~ife Refuqe, as depicted on the map
33 Department of Public Works and recorded in Map Book pq-
3 4
35 Section 35.1-4. Facilities and services to be I)rovided within the
36 Sandbridge Special Service District.
37 The Sandbridge special Service District is created for the
38 Purpose of constructing, maintaining, replenishing and restoring
39 the beach and shoreline on the Atlantic ocean within the service
40 district. Toward that end, there shall be provided within the
41 Sandbridge Special Service District those facilities and services
42 necessary or desirable to accomplish the Purpose of the service
43 district, including, without limitation, administratiye-
44 engineering and other professional services, sand dredging,
45 Pumping, grading and hauling facilities and equipment and such
46 other equipment and facilities as maV, from time to time, be needed
47 to accomplish the purpose of the service district.
48 Section 35.1-5. Proposed time for Providing facilities and
49 services within the Sandbridge Special Service
50 District.
51 The plan is to accumulate dedicated revenue generated for use
52 within the Sandbridge Special Service District to fund the creation
53 and maintenance of a beach berm having an elevation approximately
54 six (6) feet above mean sea level and a width of approximately
55 fifty (50) feet from the nourishment line with a slope of
56 approximately 20:1 to the Atlantic Ocean. Implementation of the
57 plan is expected to produce a designed drV beach area of
58 approximately one hundred and twenty- (120) feet, which in
59 combination with the fifty (50) foot berm will yield a dry beach of
60 approximately one hundred and seventy (170) feet at mean tide
61 level. Actual or planned elevations, slopes and beach area may
62 vary from time to time as determined by the District Engineer of
63 the Army Corp of Engineers, Norfolk District, and the City's
64 Director of Public Works.
2
65 section 35.1-6. Benefits expecto
66 iprovis on of faci rv c
67
68 Through the
69 d
70 ice
71 ffects
72 of erosion occasioned by the force8 of nature. The f-cilities nd
73
74 within the se-ie dit,..t ell s resdet. nd ,-,.Itors
75 d
76
77
e
78
79 ection 35.1-7.
80 0
81 aaditional goverimental
82 s
83 ritv of
84 e
85 n
86
87
88 nd restration on the
89 s
90 anv Dror)ertv in t-h. ---,,i-e district
91 The additinn.1 also
92 ransient roo
93 ice a
94 n
95 ddition to an other transient rnnm ide.
96 ection 35.1-8. Limitation nn @ ------- lp_- w iti
97 levied and -,@hin the HandbriA@.
98 SI)ecial Bervina ni.f@i-* m be used.
99 A 1 taxes le hin the
00 Sandbridap- Snp@.i.1 us -.either in
01 whole
3
102 maintaining facilities and services incident to beach and shoreline
103 management and restoration as described in this chapter. No
104 additional tax shall be levied for or used to pay for schools,
105 Police or general government services not authorized by Section
106 15. 1-18.2 of the Code of Virginia. The Proceeds from all such
107 additional taxes as may be levied and collected shall be a special
108 fund and shall be so segregated as to enable the same to be
109 expended within the service district.-
110 Adopted by the Council of the City of Virginia Beach, Virginia
ill on the day of 1994.
112 CA-5708
113 \noncode\CA5708.ORD
114 R-3
115 Prepared: 09/22/94
4
L A
1 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS
2 35-158 and 35-159 OF THE CODE OF THE CITY OF
3 VIRGINIA BEACH, VIRGINIA, PERTAINING TO THE
4 TRANSIENT LODGING TAX AND ESTABLISHING AN
5 ADDITIONAL LODGING TAX WITHIN THE SANDBRIDGE
6 SPECIAL SERVICE DISTRICT FOR THE PURPOSE OF
7 PROVIDING BEACH AND SHORELINE RESTORATION AND
8 MANAGEMENT AT SANDBRIDGE
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11 That Sections 35-158 and 35-159 of the Code of the City
12 of Virginia Beach, virginia, are hereby amended and reordained to
13 read as follows:
14 Sec. 35-158. Definitions.
15 Except where the context clearly indicates a different
16 meaning, the following words and phrases, when used in this article
17 shall, for the purposes of this article, have the meanings ascribed
18 to them in this section:
19 city treasurer. "City treasurer" means the treasurer of
20 the city and any of his duly authorized deputies and agents.
21 Commissioner of revenue. "Cornmissioner of revenue" means
22 the commissioner of revenue of the cit.y and any of his duly
23 authorized deputies and agents.
24 ffet;e:i. I'llete4:11 faeans any publ:ie ur private hetel, inn,
25 heste3:i-y, toui-ist heffte er- heuse, teur-ist eafap, eabi:n,
26 ds, inetel, reefaing hedse er- ather- 4:edEjinEj plaee 1/2iith@
27 the eity effering !edging, fer eempensatien, te any --r-ans@eiit.
28 Lodging. "Lodging" means any room or rooms, lodging or
29 space furnished to any transient.
30 Lodging place. "Lodginci Place" means any ipublic or
31 private hotel, inn, hostelry, tourist home or house, tourist camp,
32 tourist cabin, camping grounds motel rooming house or other
33 lodging Place within the city offering
34 to any transient.
3 5 special tax auditor. -'Special tax auditor" means the
36 special tax auditor c)f the city and any of his duly authorized
37 deputies and agents.
38 Transient. "Transient" means any person who, for any
39 period of not more than ninety (90) consecutive days, either at his
40 own expense or at the expense of another, obtains lodging in any
41 hetel
42 Sec. 35-159. Levied; amount.
43 (a) There is hereby levied and imposed on each transient
44 a tax equivalent to five and one-half (5.5) percent of the total
45 amount paid for lodging, by or for any such transient, to any
46 - This tax rate is effective January 1, 1993, and
47 shall remain in effect until May 1, 199-11, at which time it shall be
48 reduced by one-half (0.5) percent.
49 T) levied a t
50 within the Sandbi
51 add sb-section (a) ereof e ulvalent tO
52 two of the total amu@t aid fr lod in ithin the
53 Dis for a ce,
54 excludin hotels mtels and trvel cam 1
55 tax rate iis e effect
56 1996, at which tim hall
57 be four 4 ercent.
58
59 Adopted by the Council of the City of Virginia Beach, virginia
60 on the day of 1994.
61 CA-5717
62 R-2
63 PREPARED: 09/22/94
64 ORDIN\NONCODE\35-159.ORD
2
1 AN ORDINANCE TO AMEND THE OPDINAN(
2 ESTABLISHING THE TAX LEVY ON REAL ESTA
3 FOR TAX FISCAL YEAR 1995 - @ - . j - - i
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
5 Section 1. AMOUNT OF LEVY ON REAL ESTATE.
6 There shall be levicd and collected for fiscal year 1995 taxes for general purposes on all real
7 estate, not exempt from taxation and not otherwise provided for in this Ordinance, at the rate of one
8 doll2r and fourteen cents ($1.14) on each one hundred dollars ($100) of assessed valuation thereof. The
9 real property tax rates which have l,cen prescribed in this section shall be applied on the basis of one
10 hundred pcrcentum of the fair market value of such real property cxccpt for public service rC21 property
11 which shall be on the b2sis as provided in Section 58.1-2604 of the Codc of Virginia, as amendcd.
12 Scction 2. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EOUIPMENT
13 AND FACILITIES' CLASSIFIED AS REAL ESTATE.
14 In accordance with Section 58.1-3660 (A) of the Code of Virginia (1950), as amended, there shall
15 be levied and collected for general purposes for fiscal year 1995, taxes on all real estate ccrtified by the
16 Conimonwe2lth of Virginia as "Certified Pollution Control Equipment and Facilities" not exempt from
17 taxation, at the ratc of one dollar and fourteen cents ($1.14) on each one hundred dollars ($100) of
18 assessed vaIU2tion thereof. The real property tax rates imposed in this section shall be applied on the
19 basis of one hundred percentum of fair market value of such real property.
20 Section 3. AMOUNT OF LEVY ON THE REAL ESTATE IN THE SANDBRIDGE SPECIAL
21 SERVICE DISTRICT.
22 Therc shall be levied and collectcd for the second half of fiscal year 1995, taxes for the Wial
23 purrose of providing beach and shoreline restoration and manazement at SandbridLe on all real estate
24 within the Sandbridee S@cial Service District, not exempt from taxation, at the ratc of @ cents ($.06)
25 pgr annum on each one hundred dollars ($100) of assessed value thereof prorated for the second half of
26 the 1995 f@ vear. This rat be in addition to rates provided elsewhere in this
27 ordinance. The real DroDcxu rate irnDOsed in this section shall be ap2lie(i on the basis of one hundred
28 inrcentum of the fair market value of such real promril excgpt for public service real pr2Mrty which
29 shall be on the basis as provi 604 of thc Code of Virgini2. as amended.
30 Section XA. CONSTITUTIONALITY.
31 That if any part or parts, section or sections, sentences, clause, or phrase of this Ordinance is for
32 2ny reason declared to be unconstitutional or invalid, such decision shall not affect the valictity of the
33 remaining portion of this Ordinance.
34 Section 45. EFFECTIVE DATE.
35 This Ordinancc shill be in effect from and after the date of its adoption.
36 Adopted by the Council of the City of Virginia Beach, Virginia, on the _th day of _ 1994.
I AN ORDINANCE ESTABLISHING THE SANDBRIDGE SPECIAL
2 SERVICE DISTRICT (SSSD) SPECIAL REVENUE FUND, TRANSFERRING
3 AND APPROPRIATING CERTAIN REVENUES TO THE FUND,
4 DIRECTING THE CITY MANAGER TO BUDGET THE RECEIPT
5 AND EXPENDITURES OF SSSD FUNDS, AND ESTABLISHING
6 REVENUES OF THE SSSD SPECIAL REVENUE FUND
7 WHEREAS, the City Council has approved the Sandbridge Special Service District
8 Program ("Program") for the purpose of beach and shoreline restoration and management at
9 Sandbridge, including revenues, and recognizes that the funding may be modified in future years;
10 WHEREAS, the City Counc@ desires that the Program be budgeted and financially reported
I I in such manner as to permit the separate display of Program financing and status,
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITV OF
13 VIRGINIA BEACH, VIRGINIA;
14 That the following policies are established
1 5 1 That the City Manager will cause to be established a Sandbridge Special Service
16 District Special Revenue Fund (the "Special Revenue Fund") to account for revenues
1 7 and expenditures, including inter-fund transfers related to the Program. All funds
1 8 received that are related to the Special Revenue Fund shall be annually appropriated.
1 9 2. That the revenue sources of the Special Revenue Fund which are effective on
20 January 1, 1995, and have not been appropriated, such funds received between
2 1 January I and June 30, 1995, are hereby transferred to and appropriated for the
22 purposes of the Special Revenue Fund.
23 3 . That beginning July 1, 1995, the City Manager will cause the Special Revenue fund
24 to be budgeted in the operating budget, and will cause a display of an overall
25 summary of the Program and the current and projected financing and activities of
26 the Special Revenue Fund, as well as project detail sheets, to be included in future
27 capital improvement programs.
28 4. That it is the intent of Council that the Special Revenue Fund be utilized for beach
29 and shoreline restoration and management at Sandbfidge. It is the further intent of
30 Council that the integfity of the Special Revenue Fund be maintained
31 BE IT FURTHER ORDAINED:
32 The following revenue sources will be used to pay the costs of the SSSD Program:
33 1 An additional real estate tax rate on all real properties located within the SSSD, to
34 be added to the real estate tax rate assessed on all real properties established for the
3 5 city in general, effective January 1, 1995,
36 2. An additional lodging tax on lodging revenues generated from properties @thin the
37 SSSD, to be added to the lodging tax rate established for the city in general, effective
38 January 1, 1995,
39 3. The revenue fi-om two cents of the lodging tax rate established for the city in general
40 that is applied to lodging revenues generated from properties within the SSSD,
4 1 effective January 1, 1995,
42 4. All revenues net of operating costs generated from the Little Island Fishing Pier,
43 effective January 1, 1995,
44 5 All revenues net of operating costs generated from the Little Island Parking Lot,
45 effective January 1, 1995,
46 6. A direct contribution generated from profits at and bridge parking lots operated by
47 the Parking Enterprise Fund of $10,000 effective January 1, 1995, and $20,000
48 annually inflated at 3% per year for every year thereafler.
49 Adopted the - day of -_-, 1994, by the Council of the City of Virginia Beach,
50 Virginia.
5 1 This ordinance shall be effective on January 1, 1995.
APPROVED AS TO CONTENT
Walter C. Kraemer, Jr.
Department of Management and Budget
NOTICE OF
PUBLIC HEARING
(fNSERT CITY SEAL)
The Council of the City of Virginia
Beach, Virginia, VAII hold a public
hearing on Tuesday, October 25,
1994, at 6:00 p.m. to discuss a
proposal to establish a special service
distjict at Sandbiidge, and increase the
real estate property tax rate by $0.06
per $100 assessed valuation, and the
lodging tax rate by $0.04 per $1.00
lodging revenue, for properties
located within the proposed special
service district boundaries, for the
purpose of providing beach and
shoreline management and restoration.
The lodging tax rate @ll be phased
with $0.02 effective January 1, 1995
and $0.04 effective January 1, 1996.
The public hearing will be conducted
in Council Chambers on the second
floor of the City Hall Building,
Municipal Center, Virginia Beach,
Virginia. interested persons may
appear at such time and place to
present their views. If you are
physicaUy disabled, hearing or visually
impaired and will need assistance at
this meeting, please call 427-4305
Voice/TDD at least 48 hours prior to
the meeting.
Ruth Hodges Smith, Cmc
NOTE: AD TO APPEAR IN THE
SEP ER 30, OCTOBER 7 AND
14, 1994, FRD:)AY EDITIONS,
BEACON.
09/15/94 DRAFT SUBJECT TO A
PMOVAL BI IITI C"ICIL iti
PUBLIC RECREATION EASEMENT
2 THIS DEED OF EASEMENT is made this _ day of
3 1994, by and between
4 (the Grantor, even though more than one), and the CITY OF VIRGINIA BEACH, a
5 municipal corporation of the Commonwealth of Virginia, (the Grantee).
6 ITNESSETH:
7 WHEREAS, the Grantor is the record owner of a tract or parcel of land
8 situate in the City of Virginia Beach, Virginia more particularly described as:
9
10 as shown on that certain plat entitied which
11 (Sa
1 2 plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
1 3 Virginia in Map Book at page _; and
1 4 WHEREAS, the parties desire to provide for outdoor recreational use by
1 5 the general public, a portion of the above-described tract or parcel of land; and
1 6 WHEREAS, the Grantor has conveyed unto the Grantee a construction
1 7 easement over and upon a portion of Grantor's property; and
1 8 WHEREAS, the Grantor desires to preserve certain rights to construct,
1 9 reconstruct, repair, replace and maintain an approved protective structure and/or toe
20 protection as hereinafter defined.
09/16/94 DRAFT SUBJECT TO APPROVAL BY CITY COUNCIL
21 NOW, THEREFORE, in recognition of the foregoing and in consideration
22 of the Grantee's efforts to implement a storm damage protection, hurricane protection
23 and/or sand replenishment project and other valuable consideration including the mutual
24 covenants herein recited and the acceptance hereof by Grantee, the Grantor, subject to
25 those rights herein reserved and pursuant to the conditions hereof, does hereby grant and
26 convey unto the Grantee, a perpetual easement for the benefit of the people of the City,
27 the Commonwealth of Virginia, and the general public, to enter upon, and use the
28 easement area for recreational purposes. This "Recreation Easement," granted for the
29 purpose of giving access, passage and public recreation use, shall be located upon that
30 portion of the Grantor's property located east of the Easement Line. The Easement Line
31 will be established generally in a north to south alignment contiguous to, or seaward of,
32 the exposed exterior surface of each individual existing bulkhead on properties with
33 bulkheads, and in the case of properties with no bulkheads, the line will be established
34 no further landward than the face of the most landward bulkhead nearest the lot, whether
35 to the north or south. Said Recreation Easement and Easement Line are more particularly
36 described and shown on the attached Plat entitled " I"
37 prepared by Grantee which plat has been acknowledged by the Grantor's signature
38 thereon and made a part hereof marked "Exhibit A. " Said easement is granted upon and
39 includes all lands owned by Grantor lying east of the aforementioned Easement Line and
2
09/15/94 DRAFT SUBJECT TO APPROVAL BY CITY COUNCIL
40 any contiguous lands located east of the easternmost boundary of the property described
41 herein, to which Grantor may hold an interest.
42 It is expressly understood and agreed that the Grantor reserves unto himself,
43 his successors or assigns, the rights, within the Recreation Easement: (1) to build or
44 repair, replace and maintain approved protective structures at or west of the Easement
45 Line, or in the event of failure of an existing protective structure, to reconstruct a
46 protective structure seaward of but immediately adjacent to the original base of the
47 existing failed structure, or, if necessary, immediately adjacent to the Easement Line; (2)
48 to construct and maintain private access steps which shall not extend eastward more than
49 five (5) feet from a protective structure, permitting access from a protective structure to
so the Recreafion Easement; and (3) subject to written approval of the type, size,
51 configuration and design by the City Manager or his designee, to construct toe protection
52 within fifteen feet (15) seaward of the Easement Line.
53 For the purposes of this Deed, an approved protective structure shall be
54 defined as a bulkhead, seawall, revetment, or equivalent structural improvements. Toe
55 protection shall be defined, for the purpose of this Deed, as subsurface improvements
56 constructed within fifteen feet (15) seaward of the Easement Line for the purpose of
57 protecting existing structures against erosion or scour. The City of Virginia Beach shall
58 be responsible for approval of all structures and toe protection subject to applicable
59 federal, state and local laws and regulations.
3
09/15/94 DRAFT SUBJECT TO APPROVAL BY CITY COUNCIL
60 Grantor acknowledges and agrees that no other encroachment or use shall
61 be permitted in the Recreation Easement except as provided herein. Grantor further
82 acknowledges that all structures or referenced activities are subject to all federal, state
63 and local laws and regulations and may require separate permits.
64 Grantor reserves the right to push up sand within the easement subject and
65 pursuant to Sections 62.1-13.5:3 and 62.1-13.25:1 of the Code of Virginia, 1950, As
66 Amended, until the commencement of construction of any storm damage protection,
67 hurricane protection and/or sand replenishment projects for Sandbridge Beach by Grantee
68 or the Commonwealth of Virginia. Thereafter, Grantor and all successors in title
69 specifically relinquish those rights enumerated in Virginia Code Sections 62.1-13.5:3 and
70 62.1-13.25:1 for the duration of any storm damage protection, hurricane protection
71 and/or sand replenishment project.
72 The Recreation Easeinent and its western boundary line shall never be
73 interpreted or construed to have moved westward from the Easement Line as shown on
74 the above-referenced Plat, nor shall the Easeinent Line ever be defined or measured in
75 relation to the location of any mean high water mark or mean low water mark.
76 The parties hereto agree that in the event the Grantee determines it to be in
77 the public interest to regulate the placement of aquatic recreational craft within the
78 Recreation Easement, Grantee agrees that the Grantor, or his successors in title, shall be
79 entitled, without fee, to one (1) permit for the placement of an aquatic recreational craft
4
09/15194 DRAFT SUELJECT TO APPROVAL BY CITY COUNCIL
80 on the beach within twenty (20) feet of the Easement Line. The rights obtained pursuant
81 to any such contemplated permit(s) shall be subject to suspension when construction
82 activities are being performed or in instances where the public health, safety, and welfare
83 require restrictions on all access to the beach.
84 It is understood and agreed that the granting of the easement herein
85 described is solely for the recreational purposes described above and the Grantor is not
86 conveying any other rights or privileges. It is further expressly provided and understood
87 that the location of the Recreation Easement dedicated herein is established in a fixed
88 location in accordance with the attached plat and neither the Recreation Easement nor the
89 Easement Line shall ever be interpreted or construed to have moved from the location
90 depicted thereon, nor shall the Easement Line ever be defined or measured in relation to
91 the location of any mean high water mark or mean low water mark.
92 It is further agreed, upon the vesting of the Easement herein conveyed, that
93 the Grantee, to the extent permitted by law, shall indemnify and hold harmless the
94 Grantor, his agents, heirs, executors, successors, and assigns, from and against any and
95 all damages, injury, liability, losses or expenses, including attorney's fees and court costs
96 arising out of or resulting from any negligence of the Grantee, its agents, employees, or
97 contractors upon the easement dedicated herein; and shall defend and hold them harmless
98 from and against any and all claims, demands and actions threatened or brought against
99 them for personal injury, wrongful death, or property damage associated with, arising out
5
O9ll5t94 DRAFT SUB.JECT TO APPROVAL BY CITY COUNCIL
100 of or resulting from any negligence of the Grantee, its agents, einployees, or contractors
101 upon the easement dedicated herein.
102 It is expressly agreed that, upon the vesting of the Easement herein
103 conveyed and to the extent permitted by law, Grantee will be liable for and shall repair
104 within a reasonable time any damage to protective structures, dwellings, septic systems,
105 or other structures located at or west of the Easement Line and belonging to Grantor, if
106 such damage is a result of any negligence of the Grantee, its agents, employees, or
107 contractors upon the easement dedicated herein while entering upon, occupying and using
108 the surface and subsurface of the easement pursuant to the terms of the Construction
109 Easement.
110 It is expressly understood and agreed that the conveyance of this easement
ill by the Grantor will not impose any additional restrictions on the Grantor's use of the
112 remainder of his property. It is agreed that Grantor retains unrestricted access from the
113 Grantor's property to the easement herein conveyed, except when construction activities
114 are being performed or in instances where the public health, safety, and welfare require
115 restrictions on all access to the beach.
116 It is expressly understood by the Grantor and Grantee that this conveyance
117 is in anticipation of any storm damage protection, hurricane protection and/or sand
118 replenishment projects to be constructed in the easement area, but is not conditioned upon
119 Grantee's present or subsequent maintenance of said easement. This easement shall vest
6
09/15194 DRAFT SUBJECT TO APPROVAL BY CITY COUNCIL
120 upon the City entering into a "Project Cooperation Agreement" with the United States
121 Army Corps of Engineers for any storm damage protection, hurricane protection and/or
122 sand repienishment projects. Notwithstanding the above, the restrictions set forth herein
123 for the construction or replacement of an approved protective structure, toe protection or
124 other encroachments shall be effective upon execution of this instrument.
125 It is fijrther understood and agreed by the parties that Grantee, by execution
126 of this Deed and/or acceptance of this easement does not relinquish any rights, the
127 Grantee or the public may possess including any claim by Grantee or the public to land
128 east of the Easement Line, nor is Grantor or Grantee creating any duties or responsibili-
129 ties now or in the future except as defined herein.
130 This conveyance is subject to all existing duly recorded liens as same may
131 lawfully apply to the easement hereby conveyed or parts thereof. Grantor, his heirs,
132 successors and assigns agree to assist Grantee in obtaining the subordination of any such
133 existing liens. Grantor acknowledges that failure to obtain the subordination of such
134 existing liens will prevent the construction of any anticipated storm damage protection,
135 hurricane protection and/or sand replenishment projects in the easement area.
136 Both Deeds of Easement and attached plats shall be recorded simultaneously
137 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and all
138 recording and plat preparation costs arising from and associated with the conveyance of
139 these easements are to be performed and paid by the Grantee. Further, Grantee agrees
7
09115194 DRAFT SUAJECT TO APPFTOVAL BY CITY COUNCIL
140 to furnish Grantor a copy of the fully executed and acknowledged Deeds of Easement
141 with attached plats as recorded and certified by the Clerk of Court.
142 WITNESS the following signatures and seals:
143 (SEAL)
144 (SEAL)
145 CITY OF VIRGINIA BEACH,
146 a municipal corporation of the
147 Commonwealth of Virginia
148 By
149 Jaines K. Spore
150 City Manager
151 (SEAL)
152 ATTEST:
153
154 Ruth Hodges Smith
155 City Clerk
156 STATE OF VIRGINIA
157 CITY OF to-wit:
158 a Notary Public in and for the City
159 and State aforesaid, do hereby certify that and
160 , whose names are signed to the foregoing wr;iting,
161 bearing date the _ day of 1994, have acknowledged the same
162 before me in my City and State aforesaid.
8
09/15/94 DRAFT SUBJECT TO APPROVAL BY CITY COUNCIL
163 Given under my hand this day of 1994.
164
166 Notary Public
166 MY commission expires:
167 STATE OF VIRGINIA
168 CITY OF VIRGINIA BEACH, to-wit:
169 1, , a Notary Public in and for the City
170 and State afore S K. SPORE, City Manager, on behalf
171 of the City of I me is signed to the foregoing writing,
172 bearing date the day of 1994, has acknowledged the same before
173 me in my City and State aforesaid.
174 Given under my hand this day of 1994.
175
176 Notary Public
177 My commission expires:
178 STATE OF VIRGINIA
179 CITY OF VIRGINIA BEACH, to-wit:
180 1, , a Notary Public in and for the City
181 and State afores ODGES SMITH, City Clerk, whose
182 name is signed t te the _ day of
183 1994, has ackn( y City and State af res d.
184 Given under my hand this day of 1994.
185
186 Notaiy Public
187 My commission expires:
9
09/15/94 DRAFR SUBJECT TO APPROVAL BY CITY COUNCIL
1 CONSTRUCTION EASEMENT
2 THIS DEED OF EASEMENT is made this day of
3 1994, by and between
4 (the Grantor, even though more than one), and the CITY OF VIRGINIA BEACH, a
5 municipal corporation of the Commonwealth of Virginia, (the Grantee).
6 WITNESSETH:
7 WHEREAS, the Grantor is the record owner of a tract or parcel of land
8 situate in the City of Virginia Beach, Virginia more particularly described as:
9
10 as shown on that certain plat entitled which
1 1 (Sandbfidge Beach)
1 2 plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
1 3 Virginia in Map Book _ at page ; and
1 4 WHEREAS, the Grantor has conveyed unto the Grantee, a Public
1 5 Recreation Easement over and upon a portion of Grantor's property; and
1 6 WHEREAS, the Grantor desires to permit certain construction associated
1 7 with any storm damage protection, hurricane protecfion and/or sand replenishment
1 8 projects that may be performed upon a portion of the parcel, as hereinafter descfibed; and
09/15/94 DRAFT SURJECT TO APPROVAL BY CITY COUNCIL
19 WHEREAS, the Grantor desires to preserve certain rights pursuant to the
20 terms of the Public Recreation Easement to construct, reconstruct, repair, replace and
21 maintain an approved protective structure and/or toe protection as hereinafter defined.
22 NOW, THEREFORE, in recognition of the foregoing and in consideration
23 of the Grantee's efforts to implement a storm damage protection, hunicane protection
24 and/or sand replenishment project and other valuable consideration including the mutual
25 covenants herein recited and the acceptance hereof by Grantee, the Grantor, subject to
26 those rights herein reserved and pursuant to the conditions hereof, does hereby grant and
27 convey unto the Grantee and its assigns, a perpetual easement to enter upon, occupy and
28 use the surface and subsurface of a portion of the Grantor's property as hereinafter
29 descfibed ("Construction Easement") for the following purposes:
30 1 . To design, survey, engineer, construct or maintain any storm damage
3 1 protection, hurricane protection and/or sand replenishment projects. The rights granted
32 herein shall not be construed to authorize Grantee to reduce the amount of sand existing
33 in the easement.
34 2. To place dredged or excavated material upon any portion of the
35 easement.
36 3 . Ingress and egress for contractors and workers, their vehicles,
37 equipment, machinery, and pipelines involved in the design, engineering, construction or
2
09/15/94 DRAFT SUAJECT TO APPROVAL BY CITY COUNCIL
38 maintenance of any storm damage protection, hurricane protection project and/or sand
39 replenishment projects.
40 4. To temporarily construct, erect or place any structures as may be
41 necessary to aid in confining the dredged or excavated material, or for any other purpose
42 necessary to implement any storm damage protection, hurricane protection, and/or sand
43 replenishment projects. Everything constructed, erected or placed on said easement by
44 the Grantee, with the exception of the dredged or excavated matefial, shall be and remain
45 the property of Grantee. Unless reasonably required under the plans for such project,
46 temporary structures placed upon the easement by Grantee, its agents, employees or
47 contractors shall be removed in a timely fashion by Grantee upon completion of any
48 storm damage protection, hurricane protection and/or sand replertishment project
49 implementation.
50 The Construction Easement shall be located upon a portion of the Grantor's
51 property located east of the "Easement Line." The Easement Line will be established
52 generally in a north to south alignment contiguous to, or seaward of, the exposed exterior
53 surface of each individual existing bulkhead on properties with bulkheads, and in the case
54 of properties with no bulkheads, the line will be established no further landward than the
55 face of the most landward bulkhead nearest the lot, whether to the north or south. Said
56 Construction Easement and Easement Line are more particularly described and shown on
57 the attached Plat entitied prepared by Grantee
3
09/15/94 DRAFR SUBJECT TO APPROVAL BY CITY COUNCIL
58 which plat has been acknowledged by the Grantor's signature thereon and made a part
59 hereof marked "Exhibit A. " Said easement is granted upon and includes all lands owned
60 by Grantor lying east of the aforementioned Easement Line and any contiguous lands
61 located east of the easternmost boundary of the property described herein, to which
62 Grantor may hold an interest. It being the same property as described as "Public
63 Recreation Easement" in a Deed of Easement of even date recorded simultaneously
64 herewith.
65 It is expressly understood and agreed that the Grantor reserves unto himself,
66 his successors or assigns, the rights, within the Recreation Easement: (1) to build or
67 repair, replace and maintain approved protective structures at or west of the Easement
68 Line, or in the event of failure of an existing protective structure, to reconstruct a
69 protective structure seaward of but iminediately adjacent to the original base of the
70 existing failed structure, or, if necessary, immediately adjacent to the Easement Line; (2)
71 to construct and maintain private access steps which shall not extend eastward more than
72 five (5) feet from a protecfive structure, permitting access from a protective structure to
73 the Recreation Easement; and (3) subject to written approval of the type, size,
74 configuration and design by the City Manager or his designee, to construct toe protection
75 within fifteen feet (15) seaward of the Easement Line.
76 For the purposes of this Deed, an approved protective structure shall be
77 defined as a bulkhead, seawall, revetment, or equivalent structural improvements. Toe
4
09/16/94 DRAFT SUBJECT TO APPROVAL BY CITY COUNCIL
78 protection shall be defined, for the purpose of this Deed, as subsurface improvements
79 constructed within fifteen feet (15) seaward of the Easement Line for the purpose of
80 protecting existing structures against erosion or scour. The City of Virginia Beach shall
81 be responsible for approval of all structures and toe protection subject to applicable
82 federal, state and local laws and regulations,
83 Grantor acknowledges and agrees that no other encroachment or use shall
84 be permitted in the Recreation Easement except as provided herein. Grantor further
85 acknowledges that all structures or referenced activities are subject to all federal, state
86 and local laws and regulations and may require separate permits.
87 Grantor reserves the right to push up sand within the easement subject and
88 pursuant to Sections 62.1-13.5:3 and 62.1-13.25:1 of the Code of Virgirtia, 1950, As
89 Amended, until the commencement of construction of any storm damage protection,
90 hurricane protection and/or sand replenishment projects for Sandbridge Beach by Grantee
91 or the Commonwealth of Virginia. Thereafter, Grantor and all successors in title
92 specifically relinquish those rights enumerated in Virginia Code Sections 62.1-13.5:3 and
93 62.1-13.25:1 for the duration of any storm damage protection, hurricane protection
94 and/or sand replenishment project.
95 The Construction Easement and its western boundary line shall never be
96 interpreted or construed to have moved westward from the Easement Line as shown on
5
09/16/94 DRAFT SUAJECT TO APPROVAL BY CITY COUNCIL
97 the above-referenced Plat, nor shall the Easement Line ever be defined or measured in
98 relafion to the location of any mean high water mark or mean low water mark.
99 The parties hereto agree that in the event the Grantee determines it to be in
100 the public interest to regulate the placement of aquatic recreational craft within the
101 Recreation Easement, Grantee agrees that the Grantor, or his successors in title, shall be
102 entitied, without fee, to one (1) permit for the placement of an aquatic recreational craft
103 on the beach within twenty (20) feet of the Easement Line. The rights obtained pursuant
104 to any such conteinplated permit(s) shall be subject to suspension when construction
105 activities are being performed or in instances where the public health, safety, and welfare
106 require restrictions on all access to the beach.
107 It is understood and agreed that the granting of the easement herein
108 described is solely for the purposes described above and the Grantor is not conveying any
109 other rights or privileges. It is further expressly provided and understood that the
110 location of the Construction Easement dedicated herein is established in a fixed location
ill in accordance with the attached plat and neither the Construction Easement nor the
112 Easement Line shall ever be interpreted or construed to have moved from the location
113 depicted thereon, nor shall the Easement Line ever be defined or measured in relation to
114 the location of any mean high water mark or mean low water mark.
115 It is further agreed, upon the vesting of the Easement herein conveyed, that
116 the Grantee, to the extent permitted by law, shall indem@ and hold harmless the
6
09/15194 DRAFT SUELJECT TO APPFTOVAL BY CITY COUNCIL
117 Grantor, his agents, heirs, executors, successors, and assigns, from and against any and
118 all damages, injury, liability, losses or expenses, including attorney's fees and court costs
119 @sing out of or resulting from any negligence of the Grantee, its agents, employees, or
120 contractors upon the easement dedicated herein; and shall defend and hold them harmless
121 from and against any and all claims, demands and actions threatened or brought against
122 them for personal injury, wrongful death, or property damage associated with, arising out
123 of or resulting from any negligence of the Grantee, its agents, employees, or contractors
124 upon the easement dedicated herein.
125 It is expressly agreed that, upon the vesting of the Easement herein
126 conveyed and to the extent permitted by law, Grantee will be liable for and shall repair
127 within a reasonable time any damage to protective structures, dwellings, septic systems,
128 or other structures located at or west of the Easement Line and belonging to Grantor, if
129 such damage is a result of any negligence of the Grantee, its agents, employees, or
130 contractors upon the easement dedicated herein while entering upon, occupying and using
131 the surface and subsurface of the easement pursuant to the terms hereof.
132 It is expressly understood and agreed that the conveyance of this easement
133 by the Grantor will not impose any additional restrictions on the Grantor's use of the
134 remainder of his property. It is agreed that Grantor retains urlrestricted access from the
135 Grantor's property to the easement herein conveyed, except when construction acfivities
7
09/15/94 DRAFT SUBJECT TO APPROVAL BY CITY COUNCIL
136 are being performed or in instances where the public health, safety, and welfare require
137 restrictions on all access to the beach.
138 It is expressly understood by the Grantor and Grantee that this conveyance
139 is in anticipation of any storm damage protection, hurricane protection and/or sand
140 replenishment projects to be constructed in the easement area, but is not conditioned upon
141 Grantee's present or subsequent maintenance of said easement. This easement shall vest
142 upon the City entering into a "Project Cooperation Agreement" with the United States
143 Army Corps of Engineers for any storm damage protection, hurricane protecfion and/or
144 sand replenishment projects. Notwithstanding the above, the restrictions set forth herein
145 for the construction or replacement of an approved protective structure, toe protection or
146 other encroachments shall be effective upon execution of this instrument.
147 It is further understood and agreed by the parties that Grantee, by execution
148 of this Deed and/or acceptance of this easement does not relinquish any rights, the
149 Grantee or the public may possess including any claim by Grantee or the public to land
150 east of the Easement Line, nor is Grantor or Grantee creating any duties or responsibili-
151 fies now or in the future except as defined herein.
152 This conveyance is subject to all existing duly recorded liens as same may
153 lawftilly apply to the easement hereby conveyed or parts thereof. Grantor, his heirs,
154 successors and assigns agree to assist Grantee in obtaining the subordination of any such
155 existing liens. Grantor acknowledges that failure to obtain the subordination of such
8
09/15/94 -- SUELJECT TO APPROVAL BY CITY COUNCIL
166 existing liens will prevent the construction of any anticipated storm damage protection,
167 hurricane protection and/or sand replenishment projects in the easement area.
158 Both Deeds of Easement and attached plats shall be recorded simultaneously
169 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and all
160 recording and plat preparation costs alising from and associated with the conveyance of
161 these easements are to be performed and paid by the Grantee. Further, Grantee agrees
162 to furnish Grantor a copy of the fully executed and acknowledged Deeds of Easement
163 with attached plats as recorded and certified by the Clerk of Court.
164 WITNESS the following signatures and seals:
165 (SEAL)
166 (SEAL)
167 CITY OF VIRGINIA BEACH,
168 a municipal corporafion of the
169 Commonwealth of Virginia
170 By
71 lames K Spo,-e
72 City Manager
73 (SEAL)
74 A@ST:
75
76 Rutl Hodges Smith
77 City Clerk
9
09/15/94 [)RAFT SUAJECT TO APPROVAL BY CITY COUNCIL
178 STATE OF
179 CITY OF to-wit:
180 a Notary Public in and for the City
181 and State aforesaid, do hereby certify that and
182 whose names are signed to the foregoing writing,
183 beeang date the day of 1994, have acknowledged the same
184 before me in my City and State aforesaid.
185 Given under my hand this _ day of 1994.
186
187 Notary Public
188 My commission expires:
189 STATE OF VIRGINIA
190 CITY OF VIRGINIA BEACH, to-wit:
191 1, , a Notary Public in and for the City
192 and State aforesaid, do hereby certify that JAMES K. SPORE, City Manager, on behalf
193 of the City of Virginia Beach, Virginia, whose name is signed to the foregoing writing,
194 bearing date the day of 1994, has acknowledged the same before
195 me in my City and State aforesaid.
196 Given under my hand this day of 1994.
197
198 Notary Public
199 My commission expires:
200 STATE OF VIRGINIA
201 CITY OF VIRGINIA BEACH, to-wit:
202 1, I a Notary Public in and for the City
203 and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk, whose
10
09/16/94 DRAFT SUBJECT TO APPROVAL BY CITY COUt4CIL
204 name is signed to the foregoing writing, bearing date the day of
205 1994, has acknowledged the same before me in my Cit a@nd State af resaid.
206 Given under my hand this . day of , 1994.
207
208 Notary Public
209 My commission expires:
I I
17 -
RESOLUTIONsIoRDINANCES ITEM # 38424
LOu Pace, 1908 Hunts Neck Co.,I, Phone: 468-0925, registered in OPPOSITION.
UP- -Otion by Councibnan Mo,,s, seconded by kice Mayor Sess,.s, City Council ADOPTED, AS
AAfENDED.
Ordinance to AMEND and REORDAIN Section 2-20 of the Code of the
City of Virginia Beach, rlrginia, re time and place of regular meetings
of City CounciL
*Broadcasts of Inf()rmal 5essions shall be live and commence as soon as
technology is installed.
"7he Council may also convene Informal Meetings on the dates of
regular formal meetings and on the third Tuesday of every month except
July e een 4 00
An appropriation ordinance shall be S(,HFDUIEl) for the CitY (ouncil,';ession of October 4, 1994.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Robert K Dea@ William W Harrison, Jr., Barbara M.
Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K Parker and Vice Mayor William D. 5essoms, Jr.
Council Members Voting Nay:
Linwood 0. Branch, III
Council Members Absent.-
Louisa M. Strayhorii
,5eptember 27, 1994
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 2-20 OF THE CODE OF THE CITY
3 OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING To THE TIME AND PLACE OF
5 REGULAR MEETINGS OF CITY COUNCIL
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
7 VIRGINIA BEACH, VIRGINIA:
8 That Section 2-20 of the Code of the City of Virginia
9 Beach, Virginia, is hereby amended and reordained to read as
10 follows:
11 Bee. 2-20. Time and place of regular meetings.
12 (a) Regular formal meetings of the council shall be held
13 in the council Chambers of the City Hall Building, municipal
14 center, Virginia Beach, Virginia, on the first and second Tuesdays
15 of each month at 2:00 p.m. and on the fourth Tuesday of each month
16 at 6:00 p.m., unless such date shall fall upon a legal holiday, in
17 which case the meeting shall be held on the next succeeding day
18 which is not a holiday and at the same hour, except as otherwise
19 provided by special resolution of the council. However, in July of
20 each year, regular meetings shall be held on the first two (2)
21 Tuesdays of the month at 2:00 p.m. The council may also convene
22 informal meetings in the Geune@, on the dates of regular
23 formal meetings at such times as the council may deem appropriate_
24 and on the third Tuesday of every month except July from .00 -M.
25 .00 . . Informal meetings, wh !uncil
26 Conference Room he Council Chambers and at which no
27 votes shall be c )se of discussing matters
28 of interest to the council, and receiving briefings/reports Lro-m
29 the city manager. Eirds, commissions
30 committees and other city The city manager shall notify
31 the public of the times of such informal meetings in advance
32 thereof.
33 (b) To accommodate citizen participation in public
34 hearings, the council may by resolution convene any council meeting
35 at such public facility in the city that will in the judgment of
36 city council accommodate the citizens; provided, however, that
37 notice shall be provided to the press by the city manager.
38 (0)
39 in either the co- Room shall
40
1 This ordinance shall become effective on the date of the first
2 council meeting after which the appropriate equipment has been
3 installed in the Council Conference Room to enable an informal
4 meeting to be cablecast live.
5 Adopted by the Council of the City of Virginia Beach,
6 Virginia, on the 27 day of Septeniber
1994.
7 CA-5730
8 R-2
9 SEPTEMBER 29, 1994
0 ORDIN\NOMCODE/02-20-ORD
- 18 -
.3.
RESOLUTIONslo,RDINANCES ITEM # 38424
UPon -tion by Councilman Moss, seconded by rice MaYOr Sessoms, City Cuncil ADOPTED:
Ordinance to APPROPRL4TE $1,459,856 from the Fy 1993-1994
Undesignated General Fund Balance and $99,384 from the Water and
Sewer Fund Retained Earnings for the City Employ,,sl Gainsharing
Program.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancil, III, Robert K Dean, William W
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and rice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
Non e
Council Members Absent:
Louisa M. Strayhorti
September 27, 1994
1 AN ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT OF
2 $1,459,856 FROM THE FY 1993/94 UNDESIGNATED GENERAL FUND BAIANCE
3 AND $99,384 FRom THE WATER AND SEVER FUND RETAINED EARNINGS
4 FOR THE GAINSHARING PROGRAM
5 WHEREAS, it is desirc of the City Council to continue the Gainsharing Program for the
6 employees of Virginia Beach which will allow employees to share in savings reatized through
7 organizational improvements;
8 WHEREAS, there are sufficient funds to continue the Gainsharing Program and to maintain an
9 appropriate level of funding in the Debt Service Reserve Fund.
10 NOW, THEREFORE, BE IT ORDAINED BY THE (,ITY COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA: That funds in the amount of $1,459,856 and $99,384 be appropriated
12 from the FY 1993-94 Undesignated General Fund Balance and the Water and Sewer Fund ReUined
13 Earnings respectively, for the Gainsharing Program.
14 BE IT FURTHER ORDAINED: That checks for Gainsharing savings be issued to all eligible
15 full-time and part-time permanent einployees on October 31, 1994, in accordance with the Gainsharing
16 Policy and Program.
17 This ordinance shall be in effect from the date of its adoption.
18 Adopted by the Council of the City of Virginia Beach, Virginia on the 27 day of
19 September 1994.
Approved as to content:
Walter C. Kraemer, Jr.
- 19 -
Item Ill-L4.
RESOLUTIONSIORDINANCES ITEM # 38425
Upon motion by Vice Mayor Sessoms, seconded by Councilinan Baum, City Council ADOPTED:
Ordinance to Charge-Off $507,655.93 of uncollectible delinquent
accounts as of June 30, 1994.
Voting: 10-0
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. Obernd(@rf, Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. 51rayhorri
Septemher 27, 1994
1 AN ORDINANCE TO CHARGE-OFF
2 DELINQUENT ACCOUNTS
3 WHEREAS, it is standard accounting procedure to allow for a charge-off
4 of uncollectible accounts, and
5 WHEREAS, an earnest and diligent effort has been made by city
6 departments to col@ their overdue accounts, and
7 WHEREAS, the following accounts which total $507,655.93 are deemed to
8 be uncollectible:
9 Public Utilities:
10 FY89-90 Water Usage/Sewer Maint. Bills ............. $279,697.81
1 1 Invoices for Services and Inspections .................. 6,027,78
12 Mental Health ............ ......................... 198,887.55
13 Public Works:
14 Traffic ........................................ 11,302.49
1 5 Waste Management/Refuse ......................... 1,043.38
16 Highways and Highway Inspections ................... 2,360.93
17 Police:
18 Administration .................. ................ 4,ooo.oo
19 Personnel[Training .... ............................. 79.00
20 False Alarms .................................... 1,475.00
21 Animal Control .................................. 1,936.00
22 Schools ............................................. 608.49
23 Planning ............................................. 200.00
24 General Registrar ..................................... 37.50
25 TOTAL $507,655.93
26 NOT_F. 7he individual invoices are available for Ciiy
27 Council rewew.
28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
29 VIRGINIA BEACH, VIRGINIA, that $507,655.93 of accounts r@vable as represented
30 above to be charged-off as uncollectible accounts as of June 30, 1994.
31 Adopted by the City Council of the City of Virginia Beach, Virginia on the
27 September
32 day of 1994.
C, y
fo@2/chargeof.orci
20 -
ein
PUBLIC HEARING ITEM # 38426
PL,4NNING
May- Mey- E. Obe-dorf DECL4RED a PUBLIC HEARING on:
PL4NNING
(a)VIRGINL4BF,4CHECONOMICDEVELOPMENTAUTHORITYMODIFICATION OF
CONDITIONS
(b) GEORGIA-PACIFIC CORPORATION STPEET CLOSURE
(c) VIRGINL4 BEACH ORTHOPAEDIC ASSOCL4TES CONDITIONAL CHANGE OF
and CHARLES S. FRIEDAL4N ZONING
(d) COURTHOUSE BAPTIST CHURCH CHANGE OF ZONING
CONDITIONAL USE PERMIT
September 27, 1994
- 21 -
PUBLIC HEAPJNG ITEM # 38427
PL4NNING
Ken Palmer, Chair-n - Developinent Auth-tY- requested DEFE@ If he application
L- Pace, 1908 Hunts Neck C,,,,rt, represented self
7he following registered it' OPPOSITION, but " "O' OPPOSED I lie DEFERp,4L.
(@lenn Tainter, 2140 Ke,,WOod I)rivc-, thot": 427-1929
UP- -ot'on bY COuncilman Deal,, seconded by Vice Mayr sessoms, DEFERRED FOR SIXTY DAYS
(NOVEMBER 22, 1994) the APplicaton of pIRGINL4 BEACH ECONOAFC
A UTHORITY for MODIFICA TION OF CONDITIONV DEVELOPMENT
Ordinance upon the Application of TIRGINL4 BEACH ECONOMIC
DEVELOPMENT AUTHORITY f(,r MODIFICATION OF
CONDITIONS 11, 1111,,,v additional Permitted uses and develop a illage
Center c-cept within a 2 11
4.0145 acre Portion of the MXD2 District and
described as: 1,046,071 sqare feet 24.0145 Acres' on plat
entitied 'coRpop,47L L4NDING" L4NGLFY AND MCDONALD
ENGINEE16, P NNERS, SURVE ' s
'A YOR the West side 0 Ceneral
Booth Boulevard 1,8()() mo, tf
- less North of Londo, Bridge Road
(PR,INCF,5S AAINI@'BOROU(,H).
Voting.- 10-0
Council Menbers Voting Aye:
John A. Baum, Li,,(,od 0. Branch' III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R Jones, John D. Moss, Mayor
Meyera E. Obern&)rf, Nancy K Parker and Vice Mayor William D.
Sessoms, ir
Council Members Voting Nay.-
Notie
Council Members Absent.-
Louisa M. Strayhoni
,5eptember 27, 1994
- 22 -
Ite III-J I b
PUBLIC HEARING ITEM # 38428
PLANNING
Attorney R E Bourdon, Pembroke One, Fifth Floor, Phone: 499-8971, represented the applicant and
requested an additional 180 day Deferral
Upon motion by Councibnan Branch, seconded by rice Mayor Sessoms, City Council DEFERRED TO
THE MARCH 28, 1995, CITY COUNCIL SESSION. Petition of GEORGL4-PACIFIC
CORPORATION for the t of the unimproved portions of Mac
and Price Streets:
Petition ofGEOR(,IA-IIACIFI(' CORPOP.47IONforthediscontinuance,
closure and abandonment of portions of the following streets.
ac Str et: P()rtion beginning at the Southern boundary of Rouse
Drive and running in a 50utherly direction a distance of 41&95 along the
Eastern property line and a distance of 375.82 feet along the Western
property line I() the Northern boundary of the Virginia Beach-Norfolk
F-p-way.
Price Street.- Porti()ti beginning at the Southern boutidary of Rouse Drive
and running itt a southerly direction a distance of 744.71 feet along the
Eastern property line and a distance of 674.67 feet along the Western
property to the Northern boundary of the Virginia Beach-Norfolk
Expressway. KFMPMIII.@ BOROU(,II
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc/4 III, Robert K Dean, William W
Harrison, Jr., Barbara M. Henley, Louis P, Jones, John D. Moss, Mayor
Meyera E Oberndorf, Nancy K Parker and ri(@e Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abseitt:
Louisa M. Strayhorri
September 27, 1994
- 23 -
]-C
PUBLIC HEARING ITEM # 38429
PL4NNING
Bill S-ilA 513-58th St .. t, Phl"@l.- 428-1678,rePresent,d the applicant
UP- -t'on bY Councilman Branci,, econded by rce Mayor Sessoms, CitY Council DEFERRED 0
THE OC7'OBER 11, 1994, CITY Co 7'
BE,4CH OR7'HOPAEDIC ASSOCIA TEUNCIL SESSION Ordinance upon applic, 0, of RGIN
S and C S S. FRIEDM,4N f,, a ti 1,7 L4
OP,DINANCE UlON APPLIC,4TION 01" WRGINL4 BEACH
ORTHOP EDIC A 50CLITE,
A IS 5 AARD (,IIARLFS S FRIEDMAN FOR A
7'
CONDITIONAL CIIANGF. OF ZONIN(,, I)I,@TRI('7, CLA,@SIFICA ION
FROM R-5D t,, o- i
Ordinance upoti application of rlrginia B-ch orthopaedic Associates
and Charles .5. rriedman for a Conditional Change of zoning Distict
Cla-ification fr- R-5D Residential I)uplex District to 0-1 Office
District on certain property located on the west side of Kempsville Road,
south of Canterford Lane. The proposed zoning classification change to
0- I is for office land use. 7he Comprehensive Plan recommends use of
this parcel for high density residential at densities that are compatible
with single-family use iti accordance with other Plan policies. Said
parcel is located at 1445 Kempsville Road and cotitains 34,848 vquare
feet more or less. KEM,5pjqlLE BOROII(,H.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linw(m)d 0. Brancl4 III, Robert K Dean, William W.
Harrisoti, Jr., Barbara M. lienley, Louis R. Jones, John D. MOSS, Mayor
Meyera F@. Oberndorf, Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
)Vone
Council Members Absent:
Louisa M. Strayhorti
September 27, 1994
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PUBLIC HEARING ITEM # 38430
PLANNING
Attorney R. E. Bourdon, Pembroke One, Fifth Floor Phone: 499-8971, represented the applicant and
-qu-ted @HDRAWAL of the application.
Upon motion by Councibnan Dean, seconded by Councilman Moss, City Council ALLOWED
WITHDR,4WAL of the Ordinance upon application of COURTHOUSE BAPTIST CHURCH for a
ORDINANCI, UPON APPLICATION OF COURTHOUSE BAPTIST
CHURCH (FORMLRIY VICTORY BAPTIST CHURCH) FOR A
CHANGF OF ZONIN(,DI@TRICT CL4,SSIFICATION FROMAG-1 TO
R-10
Ordinatice upon application of Courthouse Baptist Church for a change
of Zoning District Classificatiort from A(;-I Agricultural District to R-
IO Residential District on certain property located 600 feet southwest of
Princess Anne Road, .3 mile northwest of (,Iebe Road The proposed
zoning classificatiort change to R- 10 is for single family residential land
use on lots no less than 10,000 square feet. 7he Comprehensive Plan
recommends iae of this parcel for agricultural, commercial and
residential uses in accordance with Plan policies regarding Transition
Area L Said parcel contains 20.64 acres, PRINCE,@,,; ANNE BOROU(,H.
Voting: 10-0
Council Members Voting Aye.
John A. Bawn, Lirtwood 0. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. I-lenley, Louis R. Jones, John D. Moss, Mayor
Meyera F,. Oberndorf, Naricy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. 5trayho"i
September 27, 1994
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PUBLIC HEARING ITEM # 38431
PL,4NNING
Attorney R. E. Bourdon, Pembroke Orie, Fifth Floor, Phone: 499-8971, represented the applicant
Upon motion y CounciLman Deati, seconded by Vice MaYor Sessoms, City Council ADOPTED an
Ordinance of the Ordinance up()n application of COURTHOUSE BAPTIST CHURCH for a
ORDINANCE UPON APPLICATION OF COURTHOUSE BAPTIST
CHURCH (FORMERIY VICTORY BAPTIST CHURCH) FOR A
CONDITIONAL U,5F IIFRMIT FOR A CHURCII (MODIFICATION)
Ordinance upon application of Courthouse Baptist Church for a
Con&tional Use Permit for a church (modification) on properly located
on the southwest side of Princess Anne Road, .3 mile northwest of Clebe
Road Said parcel is located at 2641 Princess Anne Road and contains
31.860 a(res. PRINCES,@ ANNE BOROU(;H.
The following con&tions shall be required:
1. A period of two years after which the application must be
processed through the Planning Commission to the ("ity
CounciL
Voting: 10-0
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 K Parker arid @l(@e Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
Non e
Council Members Absent:
Louisa M. Strayhorti
,5eptember 27, 1994
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ITEM # 38432
May- Obe-dorf DECLARED A PUBLIC HEARING:
ELECTORAL PL4N - REAPPORTIONMENT
7he following spoke concerning the REAPPORTIONMENT issue.
Maury Bailey, 2412 Ketch Court, I'horle: 496-1934
Ed Usowski, 55 Woodstock Road, I'horte: 424-4116
Gene Moore, 4604 Williamsburg (,ourt, I'hotle. 497-5174
Albert Balko, 2517 Inlynnview Road, Phole: 481-2345
Bill Buono, 3109 Lynnhaven Drive, Ihone: 481-1740
WallY Erb, 150 Cayuga Road, Ihorie. 461-6662
Beatriz Cobell, 2528 Hunting liorii Way, Phone: 468-6564
Buddy King, 200 Presidential Blvd., llhone.- 34o-o748
Roy Brun, 4500 Par Drive, Phoflf,. 499-4342
Robert Spadaccini, 650 Orangewo(,d Drive
John Moore, 421 Philbate 7errace, Photte: 463-0776
Elinor McElwain, 512 Lighthouse M., Ihotte., 428-8264
Les Fenlon, 2224 Scallop Road, I'hon,,. 481-2501
Judy Connors, 3958 Kwisperiytg Oaks I/., Phone: 464-3640
David Hewes, 3109 Crestwood Larte, ]'hone: 427-9607
Ralph Poole, 1953 King Willia),n I?()ad, ]'hone: 464-5918
Valerie Davis, 4404 Severn Court, Ihone: 497-7208
Karen Hamilton, 608,5evern Drive, I'h()ne: 497-0395
Jam- Pendergast, 5376 Clubhead R,,ad, Phone: 490-4753
Henry Dean, 4424 Cambria Street, Ihorie. 499-6574
Steve Hawthorne, 4512 St. John Court, Phone: 460-2261
Lou Pace, 1908 Hunts Neck C(@urt, I'hon,,: 468-()925
William Schlimgen, Hampton Roads (@@hamber of Commerce, Phone. 460-1223
Lee Morris, 2013 Chicory Street, Phoric., 426-0461
Ben Krause, 1436 Five Hill Trail, Ilhotle. 486-3721
September 27, 1994
- 27 -
e- -K la
UNFINISHED BUSINESS ITEM # 38432 (Continued)
REAPPORTIONMENT Speakerv (Coritinued):
Ken FaLkenstein, 222 Mustang Trail, Phone: 340-9700
John Gravatt, 2632 Shorehavett Drive, Phone: 481-5788
Sid Morcock, 205 50th Street, Ph()ne. 428-4192
Deane Williams, 4220 Sandy Bay Drive
,Um Cimbert, 3811 Holly Dune, I'honc: 422-6289
,@am Houston, Jr., 1514 South Sea Breeze Trial, Phone: 340-0956
Richard Hebner, 408 19th Street, I'hone. 437-0558
Cyndy Bourguard, 3115 Lynn Acres Road, Phorie: 463-8398 (The City Clerk read her statement in behalf
of the League of Women V()tcrs iiito the record.)
There being no further speakers, Ma-vor Oberridorf CLOSED THE PUBLIC HEARING.
September 27, 1994
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e- a
UNFINISHED BUSINESS ITEM # 38433
REAPPORTIONMENT
Councilman Moss advised, upon consultation with the City Attorney, a Charter Amen&nent relative
Reapportionment will require publication of a notice ten days in advance and provide the specifics upon
which the Reapportionment Plan would be implemented. Councibnan Moss requested the
Reapportionment Plan approved on the Referendum be iinplemented, as approve. 7he daft documents
should be distributed to Members of City Council in their Agenda packages of October 11, 1994, with a
vote on October 25, 1994.
September 27, 1994
29 -
NEW BUSINESS ITEM # 38434
ScO Hessc 301 s d C rcle, s
tt k, Fa twOO I POnsOred bY Councibnan Harrison, s ke e ,tie a pro ed 1, t
B k Store at 1767 rginia PO I pos Ad I
'r' Beach BOule-rd- Mr. Hessek manages the 'Worth Repeating 7hift Str,',
behalf of the American Guild for Infant Srial. He is representing residents in the vicinity of 1700
rlrginia Beach Boulevard, a strip between Creat Neck Road and First Colonia.
Ihe proposed Adult Book Store ishes t() locate in the building currently Occupied by the "Worth
Rep-ling 77irift Store ". prudential Decker Realty has ordered the thrift store to leave as Beach Books
is willng to pay almost three times as much per month for thiv retail store. '
]he City Attorney will research the Adult Use Ordinance re bookstores and will advise Mr. Hassek.
Councilman Harrisoti will meet with Mr. liassek and the landlord of the aforementioned property.
September 27, 1994
- 30 -
em II-L.2
NEW BUSINESS ITEM # 38435
Alexander Platt, 2925 Cape Henry Drive, Phone: 481-6001, sponsored by Councilinan Harrison, spoke
relative dead ducks and waste residue in the old Be-Lo Parking Lot on Shore Drive. Blowers were
utilized to clean up the parking lot, but all the debris is blown into the air rather than being removed by
vacuum, thus causing heavy pollution.
Mr. Platt stated air born bacteria is the result of all these materials (bird droppings, waste matter) being
blown into the atmosphere resulting iti various diseases. Mr. Platt urged vacuums be utilized instead of
the blowers.
September 27, 1994
- 31 -
I- 3
NEW BUSINESS ITEM # 38436
Council Members Baum a,,d Jone,, acco-p-ted bY City Attorney Leslie L. Lilley, William macali
Assistant CitY Attorney for Lake Gaston, Clarence Warnstaff - Director of Public Utilities and 77wmas
LeahY - Engineer, Water Resou-es, attended the Fourth Circuit Court of Appeals in Richmod regarding
the Fed@ral Enrgy Regulatoy C.'nmiss'On (FERC) decision relative Lake Gaston.
Councilman JOnes commended James,5- Gibnore, III Atto-ey General of the Commonwealth of rrgini,,
for his active and personal partiipati,,n in the litigation and administrative procedings concerning the
Lake Gaston Water Project. Councilman Jon- reque@vted letters ff appreciation be forwarded to the
Attorney General.
A Resolution pressing the gratitude of the City
ex Council to the Attorney General for his efforts in support
of the Lake Gaston W er Supply project, shall be 5 tY ctober
4, 1994. 4t CHFDUIEL) for the Ci Council Session of 0
@5eptember 27, 1994
- 32 -
I- 4
NEW BUSINESS ITEM # 38437
RCouncilman Moss referenced the Ordinance to I 00 r SC
eplacements (Project 1-058) to Ocean Lakes RHAigVhSFSCEhRoo$l '7 '000 f om h-IS Renovanons and
T
Schooi (Project 1- (Project 1-o 0) d L.,b
053) repurchases necessay 1 P- Middle
5, 1994. tolpenthoseschoolsintheFallofl994( OpTEDjuly
AD
counci@- Moss requested the
funds utilLIed - the Ocean Lake C'ty M"'ager bring forth the reprogramning Ordinance to restore the
Replacements. s Iligh @chool back to the CIP project 1-058 Sch.01 Renovations and
As better Pric- -- received o the echnology component, Councilma Moss hoped the School Bord
-ld be repricing t eir tech o ( t
rl
b lgy Ilext year' n
C,,uncilman MOss also reque,ted the School En-"--t flgu- (If ach scho(,l versus predictio,.
MaYor Oberndorf ce Ma-yor, essomv, t - James R Darden
and Vice Chairman - June Turrier Kernut met and advised repor be M
he CitY Manager, School Board Chair a,
t a t iy ing Prepared relative the
TRANSFER Of $1, 700, 000"fr()m @ch(xl Renovations and Replacements (I'roject 1-058) to Ocean Lakes
High School (Project 1-010) and Larkspur middle SchwI (Project 1-053).
The School Board advised they re just begirlnl-ng to work on their Capit4l Improvement Pogam.
,@eptember 27, 1994
- 33 -
'4DJOU,RNMENT 'TEM # 38438
MaYor Obe-dorf DECL4RED h, Ci'Y Co.1l,ii Me,,i,,g,4DJOURVED al 9.-55 P.M.
(0- -@ - ------ @/@ -----
Beverly o. Hooks, Cmc
Chief Deputy CitY Clerk
--------------------------
Meye- E Oberndorf
Mayor
CitY Of Virginia Beach
rzrginia
Septe-ber 27, 1994