MARCH 12, 1996 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COLJNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR WILLIAM D. SESSOMS, JR, At-Large 4
JOHN A BAUM, Blackwater Borough
LINWOOD O. BRANCH, III, Virginia Beach Borough
ROBERT K. DEAN, Princess Anne Borough
W. W. HARRISON, JR., Lynnhaven Borough
HAROLD HEISCHOBER, At-Large
BARBARA M. HENLEY, Pungo Borough
LOUIS R. JONES, Bayside Borough
NANCY K. PARKER, At-Large
LOUISA M. STRAYHORN, Kempsville Borough
281 C@ HALL BUI@ING
JAMES K. SPORE, City Manager CITY COUNCIL AGENDA MUNICIPAL C@TER
LESLIE L. LILLEY, City Attorney VIRGINIA MACH, VIRGINIA 234M."5
RUTH HODGES SMITH, CMC/AAE, City Clerk March 12, 1996 @8") 427 4303
I. CITY MANAGER'S BRIEFING - Conference ROOM - 11:00 AN
A. PRINCESS ANNE ROAD - CONTROLLED ACCESS
John W. Herzke, P.E., City Engineer
II. AGENDA REVIEW SESSION - Conference Room -
A. REVIEW OF AGENDA ITEMS
B. CITY COUNCIL CONCERNS
III. INFORMAL SESSION - Conference Room - 1:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
IV. FORMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Tommy Taylor
London Bridge Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS March 5, 1996
G. ADOPT AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
7'he Consent Agenda will be determined during the Agenda Review Session and
considered in the ordinary course of business by City Council to be enacted by one
motion.
I. PRESENTATION
OPERATION SMILE
Kathleen S. Magee, Co-Founder
Dan Ballard, Volunteer Consultant
J. PUBLIC HEARING
1. PROPOSED APPOINTMENT TO SCHOOL BOARD VACANCY
Delceno C. Miles - Blackwater Borough
K. RESOLUTION/ORDINANCES
1. Resolution to appoint the Director of the Virginia Beach
Finance Department as Agent for obtaining reimbursement of the
City's 1996 blizzard costs from FEMA under the Disaster Relief
Act (Public Law 288, 93rd Congress); or, from the President's
Disaster Relief Fund.
2. Ordinance to APPROPRIATE $182,000 to the FY 1995-1996
Operating Budget of the Police Department's Airplane
Enterprise Operation re additional anticipated expenditures;
and, increase estimated revenues accordingly.
3. Ordinance to authorize a temporary encroachment into a portion
of the right-of-way of Bay Drive (unimproved) to Lawrence V.
Kester, Linda P. Kester, Michael H. Blais and Terri J. Blais
re constructing and maintaining a walkway to the beach
(BAYSIDE BOROUGH).
4. Ordinance to authorize acquisition of property in fee simple
for right-of-way for International Parkway (CIP 2-136) and the
acquisition of temporary and permanent easements of right-of-
way, either by agreement or condemnation; and, to APPROVE the
major project design features as presented at the 18 January
1996 Design Public Hearing.
5. Ordinance to authorize license refunds in the amount of
$11,212.53.
L. PUBLIC HEARING - PLANNING 3:00 PH
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
1. Application of SAINT MATTHEWS CATHOLIC CHURCH for a
Conditional Use Permit for a private school expansion
on Sandra Lane, beginning at a point 100 feet North of
Trestman Avenue (3314 Sandra Lane), containing 13.013 acres
(KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
2 Application of P.C.S. PRIMECO, L.P. for a Conditional Use
Permit for a 150-foot communications tower on the East side of
Princess Anne Road, South of Providence Road (4422 Princess
Anne Road), containing 4.577 acres (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
3. Application of FRED J. METZ for a Conditional Use Permit for
a community pier at the Northwest corner of Gilbert Circle and
Circuit Court (805 Circuit Court), containing 1 acre
(LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
4. Application of NANCY and ELZIE ALBERTSON for a Conditional
Change of Zoning District Classification from R-40 Residential
District to P-1 Preservation District on the South side of
Petty Road, beginning at the intersection of Ingram Road and
Bray Road, containing 13,532 square feet (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
5. Applications of TAYLOR FARM ASSOCIATES, LLC (PRINCESS ANNE
BOROUGH):
a. Changes of Zoning District Classifications
(1) From R-20 Residential District to R-10 Residential
District, containing 6.5 acres, on:
Parcel 1: South side of London Bridge Road, 1460
feet more or less West of Pine View Avenue.
Parcel 2: South side of London Bridge Road, 800
feet more or less West of Pine View Avenue.
(2) From AG-1 Agricultural District to R-10 Residential
District 2650 feet more or less Southwest of the
intersection of London Bridge Road and Pine View
Avenue, containing 11 acres.
(3) From R-10 Residential District to PD-H2 Planned
Unit Development 2670 feet more or less Southwest
of the intersection of London Bridge Road and Pine
View Avenue, containing 17.5 acres.
Deferred: 13 February 1996
b. Modification to the Land Use Plan granted 14 January 1985
to T.C.C. Development Corporation on London Bridge Road
West of Pine View Avenue, containing 300 acres.
Recommendations: APPROVAL
6. Applications of JAHN W. and LESLIE T. SUMMS at the Southwest
corner of Cypress Point Road and Meeting House Road
(4001 Church Point Road), containing 3600 square feet
(BAYSIDE BOROUGH):
a. Change of Zoning District Classification from R-40
Residential District to H-C Historical and Cultural
District
b. Conditional Use Permit for a bed and breakfast inn in the
H-C District
Recommendation: APPROVAL
M. APPOINTMENTS
COMMUNITY SERVICES BOARD
FRANCIS LAND HOUSE BOARD OF GOVERNORS
VIRGINIA BEACH CRIME TASK FORCE
VIRGINIA BEACH HEALTH SERVICES ADVISORY BOARD
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
VIRGINIA BEACH CITY COUNCIL - SPECIAL MEETING
19 MARCH 1996 - 4:00 pm
APPOINTMENT TO BLACKWATER SEAT, VIRGINIA BEACH SCHOOL BOARD
FY 96-97 OPERATING BUDGET & CAPITAL IMPROVEMENT PROGRAM SCHEDULE
@t Date TUM p@
Budget & C.I.P Presentation Tuesday, April 2 2pm City Council Chamber
Council Workshop Tuesday, April 9 9 M NOON Conference Rom
Council Workshop Thursday, April 11 4PH - 6PM Conference Rom
council Workshop (special Workshop) Tuesday, April 16 IPM - 4PM Conference Rom
Public Hearing Thurody. April is 7PM Larkepur Middle School
Council Workshop Tuesday, April 23 3PM - 6PM Conference Room
Council Workshop (Special Workshop) Thursday, April 25 IPM - 5pm Conference Roo,
Public Hearing Thursday, May 9 2pm City Council Ch@er
Reconciliation Workshop Thursday, May 9 Following Council 8 ... Jo, Conference Rom
NOTE: May 9 Regular Meeting will replace the May 7 SUSION (Rai Council election)
Adopt Budget & C.I.P. Tuesday, May 14 2pm City Council chamber
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 Deaf)
03/07/96CMD
AGENDA\03-12-96.PLN
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
March IZ 1996
Mayor Meyera E. Oberndorf called to order the BRIEFING RE URBAN PARTNERSHIP to the
VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday,
March 12, 1996, at 11:00 A.M.
Council Members Present:
John A. Baum, Linwood O. Branch; III, Harold Heischober, Barbara M
Henley, Louis R Jones, Mayor Meyera E Oberndorf and Vice Mayor
William D. Sessoms, Jr.
Council Members Absent.
Robert K Dean [EA7ERED: 11:07 A.M.]
William W. Harrison, Jr. [ENTERED: 11:58 A.M.]
Nancy K Parker [IN CHARLOTTE, NORTH CAROLINA,
FATHER TFRMINALL Y ILL]
Louisa M. Strayhorn [RETURNING FROM NLC,
ENTERED: 11:50 A.M.]
- 2 -
CITY COUNCIL BRIEFING
PRINCESS ANNE ROAD CONTROLLED ACCESS
ITEM 40486
11:00 A.M.
John Herzke, City Engineer, provided informatwn regarding the controlled access for Princess Anne
Road - Phase III (Ferrell Parkway) for the area fiom Salem Road to Landstown Road Copies of
reduced size maps utilized for the presentation entitled Princess Anne Road - Phase 111, Fast and West
respectively, dated 9/13/90, were distributed to the City Council and are hereby made a part of the record.
This map highlighted which entrances on Princess Anne Road were to be retained. The entrances denoted
in 'green' were not to remain the 'blue' were recommended to be retained by VDOT. The 'reddish"
dots indicated existing entrances recommended to be deleted by the City. Proposed Alternative D&ances
are also denoted by a 'flesh tone' dot. However there were some changes. There are only two entrances
for the Parkway Shopping Center. The entrance on the backside of the Shopping Center was deleted
Regarding the Sterling Montgomery property, one entrance has been closed with a gate. The Word of
Ldfe Christian Center has one entrance left. A right-in entrance, only at the Farm Fresh Shopping
Center was eliminated. There were three entrances associated with the City's Princess Anne Park which
were eliminated. The bikepath has been relocated. Since the Fall of 1990, there have been issues before
City Council in terms of access, which have been granted:
On June 23, 1992, entrances were approved for the Sentara property,
one on either side of the relocated access to Tidewater Community
College.
An entrance road to the amphitheater has been approved, which will
also serve as an entrance road to the Higher Education Center.
Entrance to the CBL (Development Options) site was approved.
The definition for controlled access highway, which the City utilizes, is "places for access are limited to
major points of ingress/egress or streets primarily".
Jim Lawson, Real Estate, advised VDOT had nine properties which commenced at the Montgomery tract
and went over to the Spence property, which still had issues pertaining to potential damages. VDOT filed
Certificates of Condemnation on those nine properties. The total amount of the Certificates of
Condemnation was $649,000. 7hrough either negotiated settlements, or court awards, $1,103,000 or
approximately $454,000 difference, was actually paid. Those settled prior to going to court ranged fi-om
a low of about $2600 to a high of approximately $32,OOO additional awards. There were three court cases
that went through the entire process.
COURT CASES OFFERED COURT AWARDED
Sterling Montgomery Property $ 196,198 $ 370,000
Harris Tire 59,000 143,000
Word of Life Christian Center 75,805 201,000
City Council suggested a policy be formulated to provide information relative compensation for access.
City Council should be provided this information if ingresslegress is being considered and the applicant
has been compensated.
The court award to Sterling Montgomery took into consideration the loss of one access and leaving the
other access open. The same is true for the Word of Life Christian Center.
March IZ 1996
- 3 -
CITY COUNCIL BRIEFING
PRINCESS ANNE ROAD - CONTROLLED ACCESS
ITEM # 40486 (Continued)
Robert J. Scott, Director of Planning, advised the City is dealing with the issue of curb cut control at the
Target location; which has implications for other properties. As you go further south, there is a multitude
of curb cut opportunities. The Lake Ridge property has very little frontage on Princess Anne Road. This
is an extremely important corridor in the City, and the access must be controlled.
This corridor will be discussed during the City Council and Planning Commission Retreat on March 23,
1996.
City staff shall provide City Council with a map depicting the parcels, which have been granted court
awards or settlements associated with damages for loss of access
March IZ 1996
- 4 -
AGENDA REVIEW SESSION
11:47 AM.
ITEM # 40487
Council Lady Henley inquired relative:
K2 Ordinance to APPROPRIATE $182,000 to the FY 1995-1996
Operating Budget of the Police Department's Airplane
Enterprise Operation re additional anticipated expenditures;
and, increase estimated revenues accordingly.
Vice Mayor Sessonm advised lease payments are only required when the plane is utilized. I'hrough the
reimbursement, the hourly charge the service is being provided covers lease payments.
The City Manager advised Mayor Oberndorf the plane leased is always the same plane fi-om the same
source.
ITEM # 40488
The City Attorney referenced.-
K3 Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of Bay Drive (unimproved) to
Lawrence V. Kester, Linda P. Kester, Michael H. Blais and
Terri J. Blais re constructing and maintaining a walkway to
the beach (BAYSIDE BOROUGH).
An amended ordinance was distributed to City Council adding the following verbiage:
Lines 40 - 44:
"PROVIDED, HOWEVER, that the party of the secondpart will construct
and maintain the temporary encroachment in accordance with the laws
of the Commonwealth of Virginia and the City of Virginia Beach
including, but not limited to the Coastal Primary Sand Dune Ordinance."
ITEM # 40489
Councilman Heischober inquired relative the traffic signal at Seahawk Circle West. 77iis was incorrectly
stated on the Agenda Request page. The traffic signal is at Seahawk Circle East.
K4 Ordinance to authorize acquisition of property in fee simple for
right-of-way for International Parkway (CIP 2-136) and the
acquisition of temporary andpermanent easements of right-of-
way, either by agreement or condemnation; and to APPROVE
the major project design features as presented at the 18
January 1996 Design Public Hearing.
March 12, 1996
- 5 -
AGENDA REVIEW SESSION
ITEM # 40490
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
RESOLUTION/ORDINANCES
K1 Resolution to appoint the Director of the Virginia Beach
Finance Department as Agent for obtaining reimbursement of
the City's 1996 blizzard costs from FEMA under the Disaster
Relief Act (Public Law 288, 93rd Congress); or, from the
President's Disaster Relief Fund
K2 Ordinance to APPROPRIATE $182,000 to the FY 1995-1996
Operating Budget of the Police Department's Airplane
Enterprise Operation re additional anticipated expenditures;
and, increase estimated revenues accordingly.
K3 Ordinance to authorize a temporary encroachment into a
portion of the nght-of-way of Bay Drive (unimproved) to
Lawrence V. Kester, Linda P. Kester, Michael H. Blais and
Terri J. Blais re constructing and maintaining a walkway to
the beach (BAYSIDE BOROUGH).
K4 Ordinance to authorize acquisition of property in fee simple for
right-of-way for International Parkway (CIP 2-136) and the
acquisition of temporary andpermanent easements of right-of-
way, either by agreement or condemnation; and to APPROVE
the major project design features as presented at the 18
January 1996 Design Public Hearing.
K5 Ordinance to authorize license refunds in the amount of
$11,212.53.
ITEM # 40491
The City Manager advised relative:
L2 Application of P.C.S. PRIMECO, L.P. for a Conditional Use
Permit for a 150-foot communications tower on the East side
of Princess Anne Road, South of Providence Road (4422
Princess Anne Road), containing 4.577 acres (KEMPSVILLE
BOROUGH).
With the changes and technology in the communications business, several hundred of these towers could
be located throughout the region. The Planning District Commission has assumed the responsibility of
trying to coordinate same. A regional spacing and coordination to try to minimize same is attempting to
be developed into a uniform standard for these towers. Multi antennas are required to be on each of the
towers to minimize same.
Councilman Dean inquired relative the removal of these towers where the advancement of technology
preclude their use. The City Manager advised removal requirements should be considered
March IZ 1996
6
AGENDA REVIEW SESSION
ITEM # 40492
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA:
L.1 Application of SAINT MATHEWS CATHOLIC CHURCH
for a Conditional Use Permit for a private school expansion
on Sandra Lane, beginning at a point 100 feet North of
Trestman Avenue (3314 Sandra Lane), containing 13.013 acres
(KEMPSVILLE BOROUGH).
L-2 Application of P.C.S. PRIMECO, L.P. for a Conditional Use
Permit for a 150-foot communications tower on the East side
of Princess Anne Road, South of Providence Road (4422
Princess Anne Road), containing 4.577 acres (KEMPSVILLE
BOROUGH).
L-3 Application of FRED J. METZ for a Conditional Use Permit
for a community pier at the Northwest corner of Gilbert Circle
and Circuit Court (805 Circuit CouH), containing I acre
(LYNNIL4YEN BOROUGH).
L.4 Application of NANCY and ELZIE ALBERTSON for a
Conditional Change of Zoning District Classification from R-
40 Residential District to P-1 Preservation District on the
South side of Petty Road, beginning at the intersection of
Ingram Road and Bray Road, containing 13,532 square feet
(LYNNHAYEN BOROUGH).
L.6. Applications of JAHN W. and LESLIE T. SUMMS at the
Southwest corner of Cypress Point Road and Meeting House
Road (4001 Church Point Road), containing 3600 square feet
(BAYSIDE BOROUGH):
a. Change of Zoning District Classification from R-40 Residential
District to H-C Historical and Cultural District
b. Conditional Use Permit for a bed and breakfast inn in the H-C
District
March 12, 1996
- 7 -
CITY COUNCIL CONCERNS
11:50 AM.
ITEM # 40493
Council Lady Henley inquired relative correspondence related to the Applications of TAYLOR FARM
ASSOCIATES, LLC, from Attorney R Edward Bourdon, which stated there are two Taylor Farm plans
being approved. One will be followed if the 'reserved' right-of-way is acquired within three (3) years
of City Council approving the Taylor Farm Plan. The second plan will be followed if the "reserved"
right-of-way is not accurate within three (3) years of Taylor Farm Plan approval. The correspondence
further advised that must be understood and acknowledged that the "Reservation' of the right-of-way
for the Southeastern Parkway and Greenbelt for possible future acquisition by the City or VDOT, shall
run for a period of three (3) years.
Council Lady Henley inquired why the City is considering this now, if this company cannot begin
development until Lake Gaston is on line in approximately 1998. Council Lady Henley did not believe
funds were programmed within this time frame for acquiring right-of-way and the City certainly does
not have designs.
In the old development there was a requirement to dedicate a 90-foot right-of-way for Seaboard Road,
which is no longer being required.
Robert J. Scott advised his reply of March Seventh to Attorney R. Edward Bourdon, Jr., indicated the City
was not currently in a position to agree with all the points made in his correspondence.
ITEM # 40494
Councilman Dean referenced a Resolution to oppose the issuance of a license by the Alcoholic Beverage
Control Board re sale of alcoholic beverages at "drive-through' windows by a proposed establishment
in the Resort Area of the City. (Sponsored by Mayor Meyera E. Oberndorf) (ADOPTED by City Council
on December 12, 1995).
Mayor Oberndorf advised that in this Resolution City Council chose not to support an ABC license for
the proposed establishment but had no problems with a convenience store and their ability to have
regular sales. Councibnan Dean advised he would be sponsoring the principals of this proposed
establishment of the Brew-Thru to give City Council the same Briefing they presented to the General
Assembly.
Councilman Branch advised this Resolution came at the request of two Civic Leagues and the Second
Precinct Advisory Commission. Councilman Branch inquired if Councilman Dean had contacted the
citizens and received their approval to sponsor this item. Council Members Baum and Branch believed
a policy should be developed relative Council sponsorship of items for the City Council Session.
Council Lady Strayhorn advised she and Councilman Branch were in attendance for the principals'
presentation to the General Assembly. Civic leagues were represented as well as the Chief of Police
attended.
Mayor Oberndorf referenced the Resolution to request the Planning Commission study potential Land Use
Regulations for drive-through facilities and report its conclusions and recommendations to City Council
within one hundred eighty (180) days. (Sponsored by Councilman Linwoo O. Branch III) (ADOPTED
January 9, 1996).
Councilman Branch advised this Resolution provides ample opportunity for public input, which would
include the principals of this proposed drive-through.
ITEM # 40495
Mayor Oberndorf referenced correspondence from Attorney Grover Wright representing TWIN STAR
EATERPRISES, INC. requesting a Conditional Use Permit for a correctional facility and a Change of
Zoning to Conditional 0-2 Offlce District. 7his item is SCHEDULED for the City Council Session of
March 26, 1996. Attorney Wright is requesting DEFERRAL to an evening session, the City Council
Session of April 23, 1996.
March IZ 1996
- 8 -
CITY COUNCIL CONCERNS
11:50 AM.
ITEM # 40496
Council Lady Strayhorn advised during her trip to visit a relative in Barbados, she was invited to visit
and had the qpportunity to bring 'Greetings fropn the City' to the Governor General. The City Manager
provided Council Lady Strayhorn with a gift of a lighthouse to present to the Governor General. He was
honored and there was mutual discussion concerning ports.
ITEM # 40497
Mayor Oberndorf and Vice Mayor Sessoms met with School Board Chairman Kernutt and Superintendent
of Schools, Dr. Timothy R Jenney, on Friday morning, March 8, 1996. Mayor Oberndorf indicated she
believed City Council could support $2.3-MILLION, if necessary for the Schools, in order that teachers
would not have to work for a day without pay and students depending upon scholarships would be able
to participate in Spring sports. Vice Mayor Sessoms concurred with the Mayor and thought perhaps the
funding should be worded "up to $2.3-MILLION'. City Council requested the funds be set aside for these
two endeavors. A Memorandum of Understanding shall be prepared for signature.
ITEM # 40498
Mayor Oberndorf expressed concern relative the School Board resolving to pay reasonable legal fees and
expenses incurred by any Board member in defending any legal proceeding instituted against such
member in connection with his or her duties as a Member of the School Board. The City Attorney advised
Section 22.1-82 of the Code of Virginia provides that legal counsel may be employed by a School Board
to represent any member thereof when a legal proceeding is instituted against the Member by virtue of
his actions in connection which his duties as such member.
Councilman Branch requested information be provided concerning the legal expenses incurred to date
and the role the City Attorney's Office assumes in legal consultation for the Board. Councilman Branch
also requested information relative the method legal expenses were reflected in the School Board Budget.
The City Attorney advised the difference in his role with the City Council and the School Board is
significant. Pursuant to the City Charter of the City Code, the City Attorney handles all the legal affairs
of the City and the City Council. With respect to the School Board for all practical means, the
Superintendent of Schools is in charge of the legal affairs of the School system, not the City Attorney.
7'he City is self-insured. Along with the Risk Management Office, the City Attorney defends all claims
against the City. Schools are insured and have insurance counsel that represents most of their insurance
covered claims under their insurance policies. If the schools incur liability issues, which extend beyond
their insurance coverage and issues that are not covered by insurance, they normally look to the City
Attorney's office firs4 and if the City Attorney's office cannot handle same, then they go to outside counsel
7'he School Board returns funds to the City for one full time City Attorney. A Memorandum of
Understanding dictates the work this City Attorney can do for the School Board 7here may be times
when inherent conflicts of interest rise between the City Attorney and his duties to the City CounciL
A%enever that occurs, the School Board understands and concurs in that Memorandum of
Understanding, the City Attorney represents the City Council first. 7he City Attorney will excuse himself
fi-om any representation that will be a conflict. In August when this deficit became apparent, the City
Attorney immediately advised Acting Superintendent Dr. Pughsly and Chairman Kernutt of this inherent
conflict and his office could not represent the Board in any aspect. 7hey really had no choice but to hire
outside counsel Attorney Lyle of Kauftnan and Canoles has been representing them.
ITEM # 40499
7he City Manager distributed a progress report on City Council Priorities, which might be of assistance
during the City Council and Planning Commission Retreat.
ITEM # 40500
Councibnan Dean expressed concern relative removal of deicing materials from roadways.
March 12, 1996
- 9 -
ITEM # 40501
Mayor Meyera E. Oberndorf called to order the INFORAL4L SESSION of the 1,7RGINL4 BE,4CH CITY
COUNC[L in the Council Chamber, City Hall Building, on 7uesday, March IZ 1996, at 12:50 P.M.
Council Members Present.
John A. Baum, Linwood 0. Brancl4 111, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M Henley, louis R. Jones,
Mayor Meyera E. Oberndorf Louisa M. Strayhom and Vice Mayor
William D. Sessoms, Jr.
Council Members Absent.-
Nancy K Parker
March 1Z 1996
- 10 -
ITEM # 40502
Mayor Meyera E. Oberndorf entertained a motion to perndt City Council to conduct its EXECUT@
SFSSION, pursuant to Section 2.1-344, Code of Virginia, as amende4 for the following purpose:
PERSOAWEL MAITERS: Discussion or consideration of or interviews
of prospective candidates for employment, assignment appoint?nent,
promodof; performance, demotior; salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2.1-344 (A) (1).
To Wit., Appoinhnents - Boards and Commissions:
Community Services Board
Francis Land House Board of Supervisors
School Board
;rirginia Beach Crime Task Force
Virgi@ Beach Health Services Advisory Board
LEGAL MAITERS. 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 provision of legal
advice by counsel pursuant to Section 2.1-344(A)(7).
TO - wzt. Lake Gaston Water Supply Project
School Board Issues
PUBLJCLY-HELD PROPERTY.- Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly-held property, or of plans for the futu" of an
institution which could affect the value ofproperty owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A)(3).
To - Wi t: Virginia Beach Borough
Ferry Farm House
Upon motion by Vzce Mayor Sessorm, seconded by Council Lady Strayhorn, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc.% III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R Jones,
Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker
March 12, 1996
- 11 -
FORMAL SESION
117RGINL4 BEACH CITY COUNCIL
March 12, 1996
2:00 P.M.
Mayor OberndDrf called to order the FORMAL SESSION of the IIRGINL4 BEACH CITY COUNCIL
in the Council Chamber, City Hall Building, on 7uesday, March IZ 1996, at 2:00 P.M.
Council Members Present.-
John A. Baum, Linwood 0. Branch, III, Rober( K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis P, Jones,
Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms, Jr. and
Louisa M Strayhorn
Council Meinbers Absent.-
Nancy K Parker [IN CHARLOTTF, NORTH C4ROLINA,
FATHER TERMINALLY ILL]
INVOCATION. Reverend Steve Angell
Associate Pastor
London Bridge Baptist Church
PLEDGE OF ALLEGL4NCE TO THE FL4G OF THE UNITED STATES OF "ERICA
Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Banl; disclosed there were no matters
on the agenda in which he has a '*rsonal interest' as defined in the Act, either individually or in his
capacity as an officer of Central Fidelity Bank 7he Vice Mayor regularly makes this Disclosure as he
may or may not know of the Bank's interest in any application that may come before City CounciL Vice
Mayor Sesso?m' letter of January 10, 1995, is hereby made a part of the record.
March IZ 1996
- 12 -
Item IV-F.
CER77FICATION OF
EXECUTIt'E SESSION
ITEM # 40503
Upon motion by Vice Mayor Sessonu, seconded by Council Lady Rrayhorn, City Council CERTIFIED
77)E EXECU77VE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Fxecutive Session were heard, discussed or considered by
Vzrg@ Beach City CounciL
Voting., 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker
March 12, 1996
RESOLUTION
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CitY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 40502 Page No. 10 and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting 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 this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
Rut Hodges S h, CMCI@
City Clerk March 12, 1996
- 13 -
item IY-E I.
MI]VUTES ITEM # 40504
Upon motion by Vice Mayor Sessonw, seconded by Councibnan Branc/4 City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of March 5, i996.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc& III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Vice Mayor William D. Sessonts, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker
March 12, 1996
- 14 -
Itein IV- G.
ADOPT AGENDA
FOR FORMAL SESSION ITEM # 40505
BY CONSENSUS, City Council ADOPTED.
AGENDA FOR THE FORMAL SESSION
77te City Clerk ANNOUNCED:
7he Petition of VBISouth Parking, L.L.C. for the closure of a portion of
8th Street and the Ordinance appointing viewers was advertised for
March 12, 1996. However, it was not on the agenda as the item was not
ready to be considered by City CounciL
March IZ 1996
- 15 -
item IV-I.
OPERATION SMILE
ITEM 40506
Dr. IKUiam P. Magee, Jr., D.D.S., M.D., Founder Operation S@, advised during its early inception
fourteen years ago, It was mainly focused on the Philippines. Dr. Magee just returned a week ago fropn
the Philiopines with 125 people traveling with Operation Smile, and operated on 83 7 children in flve (5)
days. 7his is the largest single medical event which has ever happened in the history of the Worltt and
occurred because of the tremendous support of this area.
OPERA77ON SMILE UPDATE
Visited 12 Countries, 23 Sites
Performed 2,973 Surgeries
provided 75,722 hours of
education training to Health
Professionals
689 Medical Mission Volunteers
7'he total value of Medical and Education
Services: $19,678,192
Every $1.00 expended by Operation Smile leverages to approximately $6.00 worth of medical supplies.
Station Smile is in Nicaragua, Panama, the West Bank and Gaza, Russia, Venezuela, Romania,
Vietnam, China, Columbig; Kenya and the Philippines. it costs approximately $753 per child in Russia
to as low as $161 per child in Nicaragua, which involves transportation costs and other factors. Johnson
and Johnson has donated $1.6-MILLION in supplies. 84% of resources come from donations (ie.
Johnson andjohnson, Northwest Airfinesforflights. 94.6% of every donated and acquired dollar goes
to children.
Operation Smile has commenced an aggressive push into the United States. 7'he dental clinic at Park
Place has been in existence for a number of years. Wzth permission of the School Boari4 Polaroid
Cameras were placed in the schools in New York. With permission of the parents, an individual would
photograph a child with a deformity and complete an application form. 77tree hundred (300) applicafions
were received
7he Mayor of Boston has approved this program for the Boston City School system. Ihe Philadelphia
School system has also been approved. Operation Smile will be going into the Baltimore and
Washington School System. Gaylord Entertainment, parent company of country music, has underwritten
a whole eventfor KentucAy and Tennessee. In December, approximately 30 children received operations.
Dean Ballard, Volunteer Consultant, was unable to attend and has been an integral part of the plan to
reach all regional cities in the area.
March 12, 1996
- 16 -
Ite,m IV-J.
PUBLIC HEAR17VG ITEM # 40507
Mayor Obemdo?f DEC D A PUBLIC HEARING:
PROPOSED APPOINTMENT TO SCHOOL BOARD VACANCY
Delceno C Miles (Blackwater Borough) spoke relative her NOMINATION for the School Board Vacancy.
7'here being no fiirther speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
March IZ 1996
- 17 -
Item IV-K
CONSEA'T AGENDA ITEM # 40508
RESOLUTIONIORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councibnan Branci4 City Council APPROVED in one
motion Ordinances 1, Z 3 (AS "ENDED), 4 and 5 of the CONSBAIT AGENDA.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms, Jr. and
Louisa M. S(rayhom
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker
March IZ 1996
- 18 -
Item IV-K I
RESOLUTIONIORDINAIVCES ITEM # 40509
Upon motion by Trice Mayor Sessoms, seconded by Councibnan Brancl; City Council ADOPTED:
A Resolution to appoint the Director of the Virginia Beach Finance
Department as Agent for obtaining reimbursement of the City's 1996
blizzard costs from FEMA under the Disaster Relief Act (Public Law
288, 93rd Congress); or, from the President's Disaster Relief Fund.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branci4 III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis P, Jones,
Mayor Meyera E. Oberndorf Vice Mayor William D. Sessopm, Jr. and
Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K Parker
March IZ 1996
1 A RESOLUTION FOR APPOINTMENT OF A CITY AGENT
2 FOR OBTAINING FEDERAL REIMBURSEMENT OF SNOW
3 STORM COSTS UNDER THE DISASTER RELIEF ACT
4 (PUBLIC LAW 288, 93RD CONGRESS) OR FROM THE
5 PRESIDENT'S DISASTER RELIEF FUND
6 WHEREAS, for the City to obtain reimbursement of its
7 eligible 1996 blizzard Costs, Federal Emergency Management Agency
8 (FEMA) regulations contemplate the appointment of an agent;
9 WHEREAS, the application for reimbursement will be
10 submitted by the agent through the Commonwealth of Virginia;
11 WHEREAS, FEMA and Commonwealth sources would reimburse
12 the agent an estimated $71,432 under the Disaster Relief Act
13 (Public Law 288, 93rd Congress) or from the President's Disaster
14 Relief Fund.
15 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
16 OF VIRGINIA BEACH, VIRGINIA:
17 1. That the Director of Finance of the City of Virginia
18 Beach is hereby appointed as the City's Agent for obtaining Federal
19 reimbursement of the City's 1996 blizzard costs from FEMA under the
20 Disaster Relief Act (Public Law 288, 93rd Congress) or from the
21 President's Disaster Relief Fund and is authorized to file the
22 application necessary to obtain reimbursement.
23 2. That this resolution shall take effect immediately.
24 Adopted by the Council of the city of Virginia Beach,
25 Virginia, on the 12th day of March, 1996.
26 CA-6242
27 ORDIN\NONCODE\BLIZZARD.RES
28 R-1
29 PREPARED: 03/04/96
AP@VE/P AS TO CO
Fi@nce Departmenf
APPROVED AS TO LEGAL
S@CEENCY
-f
Department of Law
- 19 -
Item IV-K2
RESOLUTIONIORDINANCES ITEM # 40510
Upon motion by Vice Mayor Sessorm, seconded by Councibnan Branch, City Council ADOPTED:
Oriffnance to APPROPRL4TE $182,000 to the FY 1995-1996 Operating
Budget of the Police Depart?nent's Airplane Enterprise Operation re
additional anticipated expenditures; ani4 increase estimated revenues
accordingly.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck 111, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Ifenley, louis R. Jones,
Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhom
Council Members Voting Nay:
None
Council Members Absent.
Nancy K Parker
March 1Z 1996
1 AN ORDINANCE TO APPROPRIATE $182,000 TO THE
2 FY 1995-96 OPERATING BUDGET OF THE POLICE
3 DEPARTMENT'S AIRPLANE ENTERPRISE OPERATION
4 FOR ADDITIONAL ANTICIPATED EXPENDITURES
5 WHEREAS, the Police Department's Airplane Enterprise operation provides
6 airborne prisoner transportation primarily for the extradition of State prisoners, resulting
7 in cost savings for both the City and the State law enforcement agencies when
8 compared to other means of transportation;
9 WHEREAS, the Airplane Enterprise Fund is entirely self-supporting, with revenues
1 0 based on charges to the State for providing the prisoner transportation service; and
1 1 WHEREAS, both the need to expand the range of travel and the frequency of
1 2 providing prisoner transportation have been greater in FY 1995-96 than in previous
1 3 years,
1 4 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
1 5 VIRGINIA BEACH, VIRGINIA, that $182,000 be appropriated to the FY 1995-96
16 operating budget of the Airplane Enterprise operation to allow continuation of the
1 7 prisoner transportation service, and that the appropriation be offset by an increase in
18 estimated revenue from prisoner transportation charges in the Airplane Enterprise
1 9 Fund.
20 This ordinance shall be effective on the date of its adoption.
21 Adopted by the Council of the City of Virginia Beach, Virginia, on the
22 Twelf th of March 1996.
APPROVED AS TO CONTENT:
Walter @raemer
Resource and Management Services Administrator
Department of Management Services
APPROVE-[-) AS TO
LEGAL SUFFIC@-iqc"f
- 20 -
Item IV-K3.
RESOLUTIONIORDINANCES ITEM # 40511
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch City Council ADOPTED, AS
AMENDED*:
Ordinance to authorize a temporary encroachment into a portion of the
right-of-way of Bay Drive (unimproved) to Lawrence V. Kester, Linda
P. Kester, Michael H. Blais and Terri J. Blais re constructing and
maintaining a walkway to the beach (BAYSIDE BOROUGH), subject to:
*Lines 40 - 44:
'PROVIDED, HOWEVER that the party of the second part shall
construct and maintain the temporary encroachment in accordance with
the laws of the Commonwealth of Virginia and the City of Virginia Beach
including, but not limited to the Coastal Primary Sand Dune Ordinance.'
The following conditions shall be required:
1. The owner agrees to remove the encroachment when notified by
the City of Virginia Beack at no expense to the City.
2. The owner agrees to keep and hold the City free and harmless
of any liability as a result of the encroachment.
3. The owner agrees to maintain said encroachment so as not to
become unsightly or a hazard.
4. The owner must obtain a permit from the Development Services
Center prior to commencing any construction within the right
of way.
5. Prior to issuance of a right-of-way permit the owner must
post a Performance Bond and show proof of public liability
insurance of a minimum of $500,000.
6. The owner must submit for review and approval a survey of the
area being encroached upon, certified by a professional
engineer, and/or "as built" plans of the encroachment, if
required by either the City Engineer's Office or the Engineering
Division of the Public Utilities Department.
7. The owner must construct and maintain the temporary
encroachment in accordance with the laws of the
Commonwealth of Virginia and the City of Virginia Beach
including, but not limited to, the Coastal Primary Sand Dune
Ordinance.
March IZ 1996
- 21
Itein rV-K3.
RESOLUTIONIORDINANCES ITEM # 40511 (Continued)
Voting: 10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K Parker
March IZ 1996
1 AN ORDINANCE TO AUTHORIZE
2 A TEMPORARY ENCROACHMENT
3 INTO A PORTION OF THE
4 RIGHT-OF-WAY OF BAY DRIVE
5 (UNIMPROVED) TO LAWRENCE
6 V. KESTER, LINDA P.
7 KESTER, MICHAEL H. BLAIS,
8 AND TERRI J. BLAIS, THEIR
9 HEIRS, ASSIGNS AND
10 SUCCESSORS IN TITLE
11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA:
13 That pursuant to the authority and to the extent thereof
14 contained in Section 15.1-893, Code of Virginia, 1950, as amended,
15 Lawrence V. Kester and Linda P. Kester, husband and wife, and
16 Michael J. Blais and Terri J. Blais, husband and wife, their heirs,
17 assigns and successors in title are authorized to construct and
18 maintain a temporary encroachment into the right-of-way of Bay
19 Drive.
20 That the temporary encroachment herein authorized is for
21 the purpose of constructing and maintaining a walkway to the beach
22 and that said encroachment shall be constructed and maintained in
23 accordance with the City of Virginia Beach Public Works
24 Department's specifications as to size, alignment and location, and
25 further that such temporary encroachment is more particularly
26 described as follows:
27 An area of encroachment into a
28 portion of the City's right-of-way
29 known as Bay Drive, on the certain
30 plat entitled: 11 PLAT AND PLAN OF
31 3760 & 3762 JEFFERSON BOULEVARD A
32 CONDOMINIUM BEING LOTS 11 AND 18,
33 BLOCK 36, PLAT SECTION B OF OCEAN
34 PARK (M.B. 5 P. 137) BAYSIDE
35 BOROUGH, VIRGINIA BEACH, VIRGINIA,"
36 a copy of which is on file in the
37 Department of Public Works and to
38 which reference is made for a more
39 particular description.
40 PROVIDED, HOWEVER, that the party of the second part will
41 construct and maintain the temporary encroachment in accordance
42 with the laws of the Commonwealth of Virginia and the City of
43 Virginia Beach including but not limited to the Coastal Primary
44 Sand Dune ordinance.
45 PROVIDED, FURTHER, that the temporary encroachment herein
46 authorized shall terminate upon notice by the City of Virginia
47 Beach to Mr. and Mrs. Kester and Mr. and Mrs. Blais, their heirs,
48 assigns and successors in title and that within thirty (30) days
49 after such notice is given, said encroachment shall be removed from
50 the City's right-of-way of Bay Drive and that Mr. and Mrs. Kester
51 and Mr. and Mrs. Blais, their heirs, assigns and successors in
52 title shall bear all costs and expenses of such removal.
53 AND, PROVIDED FURTHER, that it is expressly understood
54 and agreed that Mr. and Mrs. Kester and Mr. and Mrs. Blais, their
55 heirs, assigns and successors in title shall indemnify and hold
56 harmless the City of Virginia Beach, its agents and employees from
57 and against all claims, damages, losses and expenses including
58 reasonable attorney's fees in case it shall be necessary to file or
59 defend an action arising out of the location or existence of such
60 encroachment.
61 AND, PROVIDED FURTHER, that the party of the second part
62 agrees to maintain said encroachment so as not to become unsightly
63 or a hazard.
64 AND, PROVIDED FURTHER, that this ordinance shall not be
65 in effect until such time that Mr. and Mrs. Kester and Mr. and Mrs.
66 Blais execute an agreement with the City of Virginia Beach
67 encompassing the aforementioned provisions.
68 Adopted by the Council of the city of Virginia Beach,
69 Virginia, on the 12th day of March 1996
70 LDH/tga
71 01/30/96
72 F:\..\HAYES\KESTER.ORD
2
THIS AGREEMENT, made this 10 th day of January,
1996 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA,
municipal corporation, GRANTOR, party of the first part, and
LAWRENCE V. KESTER and LINDA P. KESTER, husband and wife, and
MICHAEL J. BLAIS and TERRI J. BLAIS, husband and wife, THEIR
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 a walkway in the City of
Virginia Beach; and
WHEREAS, in constructing and maintaining such walkway,
it is necessary that the said party of the second part encroach
into a portion of an existing City right-of-way known as Bay
Drive; and said party of the second part has requested that the
party of the first part grant a temporary encroachment to
facilitate such walkway within a portion of the City's right-of-
way known as Bay Drive.
NOW, THEREFORE, for and in consideration of 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 a temporary
encroachment to use a portion of the City's right-of-way known as
Bay Drive for the purpose of constructing and maintaining such
walkway.
It is expressly understood and agreed that such
temporary encroachment will be 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 Department's specifications and
approval as to size, 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 Bay Drive
as shown on that certain plat entitled:
"PLAT AND PLAN OF 3760 & 3762 JEFFERSON
BOULEVARD A CONDOMINIUM BEING LOTS 11 AND
18, BLOCK 36, PLAT SECTION B OF OCEAN PARK
(M.B. 5 P. 137) BAYSIDE BOROUGH, VIRGINIA
BEACH, VIRGINIA," a copy of which is
attached hereto as Exhibit "A" 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 Bay Drive 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 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 right of way permit, the party of the
second 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 second part shall submit for review and approval, a
survey of the area being encroached upon, certified by a
professional engineer, and/or "as built" plans of the
3
encroachment, if required by either the City Engineer I s Of f ice or
the Engineering Division of the Public Utilities Department.
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 party of the second part
has caused this Agreement to be executed by signature and seal
duly af f ixed. Further, that the City of Virginia Beach has
caused this Agreement to be executed in its name and on its
behalf by its City Manager and its seal be hereunto affixed and
attested by its City Clerk.
4
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
L@a
Lifida P. Kest
//x I/
16 a@
Micliaei J. @ais
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 , CITY MANAGER/AUTHORIZED DESIGNEE OF
THE CITY MANAGER, 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-.
5
Notary Public
My commission Expires:
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 f or 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-.
Notar
My Commission Expires: (4
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I , Kathleen S. Loyd a Notary Public
in and for the City and State aforesaid, do hereby certify that
LAWRENCE V. KESTER and LINDA P. KESTER, whose names are signed to
the foregoing writing, bearing date the -10t-h day of
January , ig 96, have acknowledged the same before
me in my City and State aforesaid.
Given under my hand this 1,Oth day of
January 19 96 .
6
my Commission Expires: (,o
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I , Kn+-hln=n CZ Tnird a Notary Public
in and for the City and State aforesaid, do hereby certify that
MICHAEL J. BLAIS and TERRI J. BIAIS, whose names are signed to
the foregoing writing, bearing date the lqt:h. day of
19 @ , have acknowledged the same before
me in my City and State aforesaid.
Given under my hand this day of
January
Notary Public
My Commission Expires: L@y@
@PROVED AS TO COIIT'r-@IT
I)EPARTMENT
APPROVED P,43 To
LEGAL ilcy
7
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- 22 -
Item IV-K4.
RESOLUTIONIORDIIVANCES ITEM # 40512
Upon motion by Ilice Mayor Sessoms, seconded by Councibnan Branch City Council ADOPTED:
Ordinance to authorize acquisition of property in fee simple for right-
of-way for International Parkway (CIP 2-136) and the acquisition of
temporary and permanent easements of right-of-way, either by
agreement or condemnation; and to APPROVE the major project design
features as presented at the 18 January 1996 Design Public Hearing.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
John A. Bawn, Linwood 0. Branc/4 III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R Jones,
Mayor Meyera E Oberndorf Vice Mayor William D. Sessoms, Jr. and
Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker
March IZ 1996
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 INTERNATIONAL PARKWAY - CIP 2-136 AND THE
4 ACQUISITION OF TEMPORARY AND PERMANENT
5 EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT
6 OR CONDEMNATION
7 WHEREAS, in the opinion of the Council of the City of Virginia
8 Beach, Virginia, a public necessity exists for the construction of
9 this important roadway to provide transportation and for other
10 public purposes for the preservation of the safety, health, peace,
11 good order, comfort, convenience and for the welfare of the people
12 in the City of Virginia Beach:
13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
14 OF VIRGINIA BEACH, VIRGINIA:
15 Section 1. That the City Council authorizes the
16 acquisition by purchase or condemnation pursuant to Sections 15.1-
17 236, et seg., 15.1-898, 15.1-899, and Section 33.1-89, et seq.,
18 Title 25-46.1 et seg., Code of Virginia of 1950, as amended, all
19 that certain property in fee simple, including temporary and
20 permanent easements of right of way as shown on the plans entitled
21 "INTERNATIONAL PARKWAY STREET IMPROVEMENTS, CIP 2-13611 these plans
22 being on file in the office of Real Estate Department of Public
23 Works, Virginia Beach, Virginia.
24 Section 2. That the City Manager is hereby authorized to
25 make or cause to be made on behalf of the City of Virginia Beach,
26 to the extent that funds are available, a reasonable offer to the
27 owners or persons having an interest in said lands. If refused,
28 the City Attorney is hereby authorized to institute proceedings to
29 condemn said property.
30 Adopted by the Council of the City of Virginia Beach, Virginia
31 on the 12th day of March ,1996.
32 CA-@
33 NONCODE\CA@
34 R-@
35 PREPARED: February 21, 1996
- 23 -
Item IV-K5.
RESOLUTIONIORDI]VANCES ITEM # 40513
Upon motion by Trice Mayor Sessoms, seconded by Councibnan Branch, City Council ADOPTED:
Ordinance to authorize license refunds in the amount of $11,212.53 upon
application of certain persons and upon cehification of the Commissioner
of the Revenue.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.
Nancy K Parker
March IZ 1996
mo@ @ a FEV.
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 lnt. Total
Year Paid
All Tidewater Floral & Gift Sampler
500 Pacific Avenue 807 1994-95 Audit 71.68 71.68
Virginia Beach, VA 23451
Ban(., One Mortgage Corporation
Ill Monument Circle 481 1994 Audit 1,006.10 1,006.10
Indianapolis, IN 46277-0104
Gad E. Brosch, MD Ltd.
58 W 58th Street 1995 Audit 924.59 924.59
New York, NY 10019
Certified as to Payment:
Robert P. Vaughan
Commissioner of the Revenue
Approved as to form:
Le@ie C. Liliey-
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $2,002.37 were approved by the Council
of the City of Virginia Beach on the 12th day of March 19 96
Ruth Hodges Smith
City Clerk
W. CA 8 f*V. 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 follovang applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
JPE, Inc 1995-96 8-14-95 308.10 308.10
T/A Smitties Pizza & Subs
348 London Bridge Shopping Center
Virginia Beach, Va 23454
Murray, Elaine J. 1993-95 AUDIT 120.08 120.08
T/A Animal Palace
409 Cedar Lane
Virginia Beach, Va. 23452
Sta-Tite Midwest, Inc 19937-95 AUDIT 118.32 118.32
T/A Sta-Tite Affixing
P. 0. Box 6128/4N220 84 Court
Bloomingdale, II. 60108-6128
Wilmik, Inc 1994-95 AUDIT 345.23 345.23
1728 Virginia Beach Boulevard
Virginia Beach, va 23454
Certified as to Payment:
@o@rt P. Vaughan
Commissioner of th@Revenue
Approved as to form:
@e S'ri a L. L i I I e-y
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $891.73 were approved by the Council
of the City of Virginia Beach on the 12th day of March '19 96
Ruth Hodges Smith
City Clerk
W. CA a FWV. am
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 lnt. Total
Year Paid
Pasta Grande Partners LP 1994 AUDIT 2,240.47 2,240.47
T/A Pasta Grande Family Restr.
1500 North Military Highwav 114
Norfolk, Va. 23502
Surf Rider Inc 1995 AUDIT 1,024.82 1,024.82
T/A Surf Rider Inc
605 Virginia Beach Blvd
Virginia Beach, Va. 23451
Video City Inc 1994-95 AUDIT 86.34 86.34
5433 Ashby Street
Norfolk, Va. 23502
Certified as to Payment:
Commissioner of the Revenue
Approved as to form:
Leslie L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling 1.63 were approved by the Council
of the City of Virginia Beach on the 12 day of March 119 96
Ruth Hodges Smith
City Clerk
NO. CA 8 f*V, 3M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERNFICATION 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 lnt. Total
Year Paid
Sanders, Belinda T. 1994 AUDIT 44.57 44.57
837 Loch Island Drive
Chesapeake, Va. 23320
Sterling Jewelers, Inc. 1994 95 AUDIT 206.32 206.32
T/A Kay Jewelers #1155/1158/1755
375 Ghent Road/Tax Department
Akron, oh. 44333
Certified as to Payment:
@obert P. Vaughan
Commissioner of the4e/venue
Approved as to form:
L&4CLilley-
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatements totaling $ 250.89 were approved by the Council
of the City of Virginia Beach on the 12 day of March .19 96
Ruth Hodges Smith
City Clerk
NO@ CA & FEV. 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 Penalty lnt. Total
Year Paid
Professional Producst, Inc. 1995 AUDIT 1,111.95 1,111.95
1025 Technology Park Drive
Richm(Dnd, Va. 23060-4555
R. L. Beale, Inc. 1995 AUDIT 2,543.71 2,543.71
150 Boush Street S-1000
Norfolk, Va. 23510
Tidewater Hockey Club, Inc 1995 AUDIT 59.-73 59.73
T/A Sharks Club
309 Aragona Boulevard S-102-652
Virginia Beach, Va. 23462
Certified as to Payment:
Robert P. Vaugh
Commissioner of the Revenue
Approved as to form:
@SI(e L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $3 , 715 . 39 were approved by the Council
of the City of Virginia Beach on the 19 day of March 119 96
Ruth Hodges Smith
City Clerk
NO. C-k A FWV. 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 follovang applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Consultatio, Inc 95 AUDIT 48.32 48.32
T/A King of Switzerland
105A Discovery Lane
Williamsburg, Va. 23185
Norman D. Fussell 94-95 AUDIT 221.21 221.21
T/A 17th Street Pawn
406 Sea Pointe Court 103
Virginia Beach, Va. 23451
Frank Peebles 94-95 AUDIT 53.49 53.49
T/A Handy man Bldrs Remodling Home
1005 Ferry Plantation Road
Virginia Beach, Va. 23455
Certified as to Payment:
rt P Vaughan
Commissioner of the Revenue
Approved as to form:
Lesli@L. Lilley
City Attorney
This ordinance Shall be effective from date of
adoption.
The above abatement(s) totaling 323 - 02 were approved by the Council
of the City of Virginia Beach on the 12 day of March 96
119 -
Ruth Hodges Smith
City Clerk
NO. CA S PWV. 3"
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE FT 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 Uoense Date Base Penalty lnt. Total
Year Paid
Sherwood Allen Enterprises, Inc.
T/A Tan Fast Tik #1 94-95 AUDIT 19.16 19.16
5245 Windsor Lane
Virginia Beach, Va. 23452
Virginia Beach Eye Surgery PC
1744 Sir William Osler Drive 94-94 AUDIT 548.03 548.03
Virginia Beach, Va. 23454
Rex A. & Bette A Zimmerman 94-95 AUDIT 110.31 110.31
T/A Yarn Haven
2357 S. Wolfsnare Drive
Virginia Beach, Va. 23454
Certified as to Payment:
Commissioner of the Revenue
Approved as to form:
L@l a L. L i I I-e y
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 677. 50 were approved by the Council
oftheCityofVirginiaBeachonthe 12 day of March '19 96
Ruth Hodges Smith
City Clerk
- 24 -
ITEM # 40514
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTPE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amende4 for the following Purpose:
LEGAL AL47TERS, 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 provision of legal
advice by counsel pursuant to Section 2.1-344(A)(7).
To-Wit. Lake Gaston Water Supply Project
School Board Issues
PUBLJCLY-HELD PROPERTY., Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly -held property, or of plans for the future of an
institution which could affect the value ofproperty owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A)(3).
TO - WI t., ;rtrginia Beach Borough
Ferry Fat7n House
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council voted to proceed into
FXECUTIVE SESSION (2:35 PM.).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K Parker
March IZ 1996
- 25 -
ITEM # 40515
Mayor Oberndorf RECONVENED the FORMAL SESSION of the P7RGINL4 BEACH CITY COUNCIL
in the Council Chamber, City Hall Building, on 7uesday, March 12, 1996, at 3:00 P.M.
Council Mepnbers Presen
John A. Bawn, Linwood 0. Brancl; III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Mayor Meyera E. Obemdopf and Vice Mayor William D. Sessoms, Jr.
Council Members Absent.
Nancy K Parker and Louisa M. Strayhom
March IZ 1996
- 26 -
CERTIFIC4TION OF
EXECUTIVE SESSION
ITEM # 40516
Upon motion by Councibnan Heischober, seconded by Councibnan Jones, City Council CER77FIED
TRE EXECUTIVE SESSION TO BE IN ACCORDANCE FF7TH THE MOTION TO RECESS
Only public business maffers lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Fxecutive Session were heard, discussed or considered by
Virginia Beach City CounciL
Voting: 8-0
Council Meinbers Voting Aye:
John A. Baum, Linwood 0. Brancl; III, Robert K Dean, Harold
Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E.
Oberndorf and Vice Mayor William D. Sessona, Jr.
Council Meinbers Voting Nay:
None
Council Members Abstaining:
William W. Harrison, Jr.
Council Meinbers Absent.-
Nancy K Parker and Louisa M. Strayhorn
Councibnan Harrison ABSTAINED as he was not in attendance during the Executive Session
March 12, 1996
ltpootutt*Lltt
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CRFY COUNCIL
WHEREAS: Tle Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in rrEM # 40514 Page No. 24 and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: 'Mat the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully "empted 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 this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
Ruth Hodges Sifiith, CMC/AAE
City Clerk March 12, 1996
- 27 -
Item IV-[,
PUBLIC HEARING ITEM # 40517
p DVG
Mayor Oberndorf DECLARED a PUBLJC HEARING on:
PLANNING
1. SARVT MA7THEWS CA7HOLIC CHURCH CONDITIONAL USE PERMIT
2. P.C.S. PRIMECO, L.P. CONDITIONAL USE PERMIT
3. FRED J. MEIZ CONDITIONAL USE PERMIT
4. NANCY AND ELZIE ALBERTSON COA'DMONAL USE PERMM
5. TAYLOR FARM ASSOCL4 TES, L.L. C COA'DITIONAL USE PERMNS
6. JAHN W. AND LESLIE T. SUMMS CHANGE OF ZONING
CHANGES OF ZONING
7. CITY ZONING ORDINANCE AMEND AND REORDAIN
SEC 4021DIMENSIONAL
REQUIREMENTSIAG-IIAG-2
March IZ 1996
- 28 -
item IV-L
PUBZJC HFARING ITEM # 40518
PLAWVVVG BY CONSEAT
UPon motion by Ylce Mayor Sessoms, seconded by Councilman Branc,% City Council APPROVED IN
ONE MOTIONftems 1, Z 3, 4 and 6 of the PL.4NNING BY CONSENT AGENDA.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; 111, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessona, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K Parker and Louisa M. Strayhorn
March IZ 1996
- 29 -
Item IV-LI,
PUBLIC HEARING ITEM 0 40519
PLANNING BY CONSEAIT
Upon motion by Vtce Mayor Sessoms, seconded by Councibnan Branch, City Council ADOPTED an
Ordinance upon application of SAINT MATHEWS CATHOLIC CHURCH for a Conditional Use
Permit for a private school expansion:
ORDINANCE UPON APPLICATION OF SAINT MATTHEWS
CATHOLIC CHURCH FOR A CONDITIONAL USE PERMIT FOR A
PRIVATE SCHOOL EXPANSION RO3962025
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI7Y OF VIRGINL4 BEACH, VIRGINL4
Ordinance upon application of Saint Matthews Catholic Church for a
Conditional Use Permit for a private school expansion on Sandra Lane
beginning at a point 100 feet north of Trestman Avenue. Said parcel is
located at 3314 Sandra Lane and contains 13.013 acres. YEMPSVILLE
BOROUGH.
7he following condition shall be required.-
1. No encroachment of any portion of the proposed building addition is permitted
within the seaward component of the Resource Protection Area without approval by
the Chesapeake Bay Preservation Area Board. 7he location of B.M.P. must be
approved by the Department of Planning.
7his Ordinance shall be effective in accordance with Section 107 (O of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beac& Virginia, on the Twelfth a March, Nnete n
Hundred and Nine&-Six,
Voting: 9-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Ifenley, Louis R. Jones,
Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessolm, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker and Louisa M. Strayhorn
March 12, 1996
- 30 -
Ram IV-LZ
PUBLIC HEARING ITEM # 40520
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch City Council ADOPTED an
Ordinance upon supplication of P.C.S. PRIMECO, L.P. for a Conditional Use Permit.-
ORDINANCE UPON APPLICATION OF P C S PRIMECO, L. P FOR A
CONDITIONAL USE PERMIT FOR A 150-FOOT COMMUNICATIONS
TOWER R03962026
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of P.CS. Primeco, L.P. for a Conditional
Use Permit for a 150-foot communications tower on the east side of
Princess Anne Road, south of Providence Road. Said parcel is located at
4422 Princess Anne Road and contains 4.577 acres. KEMPSVILLE
BOROUGH.
The following conditions shall be required:
1. The proposed tower shall not exceed 150 feet in height.
2 The proposed tower shall not be a monopole-style construction.
3. The proposed tower shall be developed as a co-location tower for P.CS. PrimeCo
and Sprint Cellular.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beack Virginia, on the Twelfth of March, Nineteen
Hundred and Ninety-Six.
Voting: 9-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoiw, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker and Louisa M. 5trayhorn
March 12, 1996
- 31 -
Itein IV-L3.
PUBLIC HEARING ITEM # 40521
PL4NNING BY CONSENT
Upon motion by Kee Mayor Sessoms, seconded by Councibnan Branc,% City Council ADOPTED an
Ordinance upon application of FRED J. ME77 for a Conditional Use Permit.-
ORDINANCE UPON APPLICATION OF FRED J ME7Z FOR A
CONDITIONAL USE PERMIT FOR A COMMUNIIY PIER R0396202 7
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF P7RGINL4 BEACH, VIRGINL4
Ordinance upon application of Fred J. Metz for a Conditional Use Permit
for a community pier at the northwest corner of Gilbert Circle & Circuit
Court. Said parcel is located at 805 Circuit Court and contains I acre.
LYNNHAVEN BOROUGH.
7he following conditions shall be required:
1. 7he pier is for the exclusive use of Lots Two, 7hree and Four,
on ly.
2 A waterfront construction permit must be obtained prior to any
construction activities.
77tis Ordinance shall be effective in accordance with Section 107 (t) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beaci4 Virginia, on the Twem Qt March, Nineteen
Hundred and Ninety-Six.
Voting. 9-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E Oberndorf and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.
Nancy K Parker and Louisa M. Strayhom
March IZ 1996
- 32 -
Item IV-L4.
PUBLIC HEARING ITEM # 40522
PL4NN,VVG BY CONSEAIT
UPon motion bY Itce Mayor Sessoms, seconded by Councilman Branck City Council ADOPTED an
Ordinance upon application of NANCY and ELZIE ALBERTSON for a Conditional Change of Zoning
District Classification:
ORDINANCE UPON APPLICATION OF NANCY AND ELZIE
ALBER7'SON FOR A CONDITIONAL CHANGE OF ZONING DISTRICT
CL4SSIFIC4TioN FROM R-40 TO P-1 Z03961485
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF 117RGINL4 BEACH, 1-7RGINL4
Ordinance upon application of Nancy & Eizie Albertson for a
Conditional Change of Zoning District Classification from R-40
Residential District to P-1 Preservation District on certain property
located on the south side of Petty Road beginning at the intersection of
Ingram Road and Bray Road. Said parcel contains 13,532 square feet.
LYNNILIVEN BOROUGH.
77tis Ordinance shall be effective in accordance with Section 107 (t) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth a March, Nineteen
Hundred and Ninety-Six,
Voting: 9-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% 111, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Ilenley, Louis R. Jones,
Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K Parker and Louisa M. Strayhorn
March IZ 1996
- 33 -
Item IV-L5.
PUBLJC HFARING ITEM # 40523
PIANNING
Attorney R Edward Bourdo?; Pembroke One, Fifth Floor, Phone: 499-8971, represented the applicant
and advised the original maps for the Fountain Gate PD-H2 Plan did not accurately depkt the boundary
line. 7he results of the rezoning portion will be to add approximately 16 acres of land to the current
Fountain Gate plan as Open Space with no increase in the nuntber of residential units already allowed
The second part of the application is to modify the present PD-H2 Plan for Fountain Gate. City Staff
had requested the applicant to also submit a plan which would involve the same parcels of property, but
depkting a layout for the Southeastern Parkway. 7his plan will have 160 fewer total units. Without the
Parkway, there are 932 lots.
Upon motion by Councibnan Dean, seconded by Councilman Jones, City Council DEFERRED
IIVDEFINITELY Ordinances upon application of TAYLOR FARM ASSOCIATES, LLCfor Changes of
Zoning and Modification to the Land Use Plan:
ORDINANCE UPONAPPLICATION OF TAYLOR FARM ASSOCL4TE@
LLC FOR A CIL4NGE OF ZONING DISTRICT CLASSIFICATION
FROM R-20 to R-10
Ordinance upon application of Taylor Farm Associates, LLC for a
Change of Zoning District Classification from R-20 Residential District
to R- 10 Residential District on the following parcels:
Parcel 1: South side of London Bridge Road, 1460 feet more or less
West of Pine View Avenue.
Parcel 2: South side of London Bridge Road, 800 feet more or less West
of Pine Triew Avenue.
The proposed zoning classiflcation change to R - 10 is for single family
residential land use on lots no less than 10,000 square feet. 7he
Comprehensive Plan recommends use of this parcel for suburban low
density residential at densities that are compatible with single family use
in accordance with other Plan policies. Said parcels contain 65 acres.
PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPONAPPLICATION OF TAYLOR FARM ASSOCL4TES
LLC FOR A CHANGE OF ZONINCR DISTRICT CLASSIFICATION
FROM AG-] TO R-10
Ordinance upon application of Taylor Farm Associates, LLC for a
Change ofzoning District Classification from AG-] Agricultural District
to R-10 Residential District on certain property located 2650 feet more
or less southwest of the intersection of London Bridge Road and Pine
View Avenue. 7he proposed zoning classification change to R-10 is for
single family residential land use on lots no less than 10,000 square feet.
7he Comprehensive Plan recommends use of this parcel for suburban low
density residential at densities that are compatible with single family use
in accordance with other Plan policies. Said parcel contains 11 acres.
PRINCESS ANNE BOROUGH
March IZ 1996
- 34 -
Item IV-L.5.
PUBLIC HEARING ITEM # 40523 (Continued)
PL.4NNING
A N D,
ORDINANCE UPONAPPLIC4TION OF TAYLOR FARMASSOCLITES;
LLC FOR A CHANGE OF ZONING DISTRICT CL4SSIFIC4TION
FROM R-10 TO PD-H2 PLANNED UNIT DEVELOPMENT
Ordinance upon application of Taylor Farm Associates, LLC for a
Change of Zoning District Classification fi-om R-10 Residential District
to PD-H2 Planned Unit Development on certain property located 2670
feet more or less southwest of the intersection of London Bridge Road
and Pine View Avenue. 77te proposed zoning classification change to
PD-H2 is for planned development. 7he Comprehensive Plan
recommends use of this parcel for suburban low density residential at
densities that are compatible with single family use in accordance with
other Plan policies. Said parcel contains 17.5 acres. PRINCESS ANNE
BOROUGH.
A ND,
ORDINANCE UPONAPPLIC4TION OF TAYLOR FARMASSOCL4TE@
LLC FOR A MODIFICATION TO THE LAND USE PLAN FOR T C C
DEVELOPMENT CORPOP.4TION
Ordinance upon application of Taylor Farm Associates, LLC for a
modification to the Land Use Plan for TCC Development Corporation
which was granted on January 14, 1985. Property is located on London
Bridge Road west of Pine View Avenue. Said parcel contains 300 acres.
PRINCESS ANNE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc& III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K Parker
March 12, 1996
- 35 -
Ite)n IV-L.6
PUBLIC HEARING ITEM # 40524
PL4NNVVG BY CONSEAT
Upon motion by Vice Mayor Sessom, seconded by Councibnan Branck City Council ADOPTED
Ordinances Wm application of JAHN W. and LESL[E T. SUMMS:
ORDINANCE UPONAPPLICA TION OF.UHN W &LESLIE T. SUMMS
FOR A CHANGE OF ZONING FROM R-40 to H-C Z03961486
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE C17Y OF VIRGINL4 BEACH, VIRGINLI
Ordinance upon application of Jahn W. & Leslie T Summs for a Change
of Zoning District Classification from R-40 Residential District to
Historical & Cultural District on certain property located at the
southwest corner of Cypress Point Road and Meeting House Road. Said
parcel is located at 4001 Church Point Road and contains 3600 square
feet. BAIVDE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF JAHN W. &LESLIE T SUMMS
FOR A CONDITIONAL USE PERMIT FOR A BED AND BREAKFAST
INN IN THE H-C DISTRICT R03962028
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, 117RGINL4
Ordinance upon application of Jahn W & Leslie T Summs for a
Conditional Use Permit for a bed & breakfast inn in the H-C District
located at the southwest corner of Cypress Point Road and Meeting
House Road Said parcel is located at 4001 Church Point Road and
contains 3600 square feet. BAYSIDE BOROUGH.
7he following conditions shall be required:
I. Food service is limited to a maximum seating capacity of 25 at
any time.
2 A maximum of ten (10) lodging rooms may be rented at any
given time.
7hese Ordinances shall be effective in accordance with Section 107 (t) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beac/4 Virginia, on the Twelfth Qf March, Nineteen
Hundred and Nbw&-@
Voting: 9-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branci4 III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr,
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K Parker and Louisa M. Strayhorn
March 12, 1996
- 36 -
Item IV-M. I.
APPOIATMENTS ITEM # 40525
BY CONSENSUS, City Council PESCHEDULED:
FR,4NCIS L4ND HOUSE BOARD OF GOVERNORS
March 12, 1996
- 37 -
item IV-M.2.
APPOINTMENTS ITEM # 40526
Upon NOM)7VA77ON by Vice Mayor Sessoms, City Council APPOINTED:
COMMUNITY SERVICES BOARD
Stanley FM!tfield Sawyer
Unexpired thru 12131198
Voting: 10-0
Council Members Voting Aye:
John A. Baum, LinwoodaBranc,% III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Ilenley, Louis R Jones,
Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.
Nancy K Parker
APPOINTMENTS WERE MOVED FORWARD PRIOR TO THE PLANNING AGENDA
March 12, 1996
- 38 -
It= IV-M.3.
APPOINTMEIVTS ITEM # 4052 7
Upon NOMINATION by Vice Mayor Sessoms, City Council-
t7RGINL4 BEACH CRIME TASK FORCE
REAPPOINTED:
7hree Year Terna 03101196 - 02128199
Martha Coles (Ist Precinct)
Brian Matney (Teacher)
Gad Nilson (3rd Precinct)
Kenneth F. Palmer (Chamber of Commerce)
Francis L. Warren (American Assoc@n
of Retired Persons)
Marcella F. ff%itson (ParentITeachers Association)
APPOIATED:
7'hree Year Teron 03101196 - 02128199
Jeff Bates, Sr. (4th Precinct)
Donald Devauk (2nd Precinct)
Nancy K. Parker (City Council)
Voting: 10-0
Council Members Voting Aye:
@n A. Baum, Linwood 0. Brancl; III, Robert K Deapt William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Mayor Meyera E. Oberndorf Vice Mayor William D Sessoms, Jr. and
Louisa M. Strayhom
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker
APPOINTMENTS WERE MOVED FORWARD PRIOR TO THE PLANNING AGENDA
March IZ 1996
- 39 -
Itein IV-M.4.
APPOIAITMENTS ITEM # 40528
Upon NOMINA77ON by Vice Mayor Sessoms, City Council:
VIRGINL4 BF,4CH HEALTH SER117CES ADVISORY BOARD
REAPPOINTED:
7'hree Year Term 04101196 - 03131199
Richard Dolenuck, D.D.S.
(Health Provider)
APPOINTED:
Jay Lazier
(CSB Agency Rep"sentative)
77tree Year Terms 04101196 - 03131199
Mitchell Miller, M.D.
(Health Provider)
Unexpired thur 3131197
plus
7'hree Year Term 04101197 - 0313112000
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Ilenley, Louis R. Jones,
Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K Parker
APPOINTMENTS WERE MOVED FORWARD PRIOR TO THE PI-4NNING AGENDA
March 12, 1996
- 40 -
item IV-N. I.
APPOINTMEA'TS ITEM # 40529
Couwibnan Dean again @ired relative the plans for removal of deicing materials from roaduwys as
a result of the four ice and snow storms. Mr. JosephRussell, High*W Administrator, advised of an active
program, however, removal will entail a number of week due to the limited number of street sweepers.
One of the sweepers, due to mechanical problems, is not operational Councibnan Dean believed 3500
tons of materials had been placed on the roadways. Councibnan Dean was concerned about the amount
of this material entering the storm systems. All of this sand will have to be pumped out of the storm
systems. Hopefully in the future, the City might be able to subcontract this service through the private
companies who handle the shopping centers.
March 12, 1996
- 41 -
ITEM # 40530
Mayor Meyera F, Oberndorf entertained a motion to permit City Council to conduct its EXECUTIM
SESSION, pursuant to Section 21 -344, Code of Virginia, as amended for the following purpose:
LPGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other speciftc legal matters requesting the provision of legal
advice by counsel pursuant to Section 2.1 -344(A) (7).
To-Wit: Lake Gaston Water Supply Project
School Board Issues
PUBLJCLY-HELD PROPERTY, Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition ofpublicly -held property, or of plans for the future of an
institution which could affect the value ofproperty owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A)(3).
TO - WI t.. Virginia Beach Borough
Ferry Farm Ilouse
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council voted to proceed into
EXECUTIVE SESSION (4.30 P.M.).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E Oberndorf Vice Mayor William D. Sessotm, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker
March 12, 1996
- 42 -
ITEM # 40531
Mayor Oberndorf RECONVENED the FORMAL SESSION of the 1,7RGINL4 BF,4CH CITY COUNCIL
in the Council Chamber, City Hall Building, on 7'uesday, March 1Z 1996, at 5:58 P.M.
Council Members Present:
John A. Baum, Linwood 0. Branci4 III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Ifenley, Louis R. Jones
and Mayor Meyera E. Oberndorf
Council Members Absent:
Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
March IZ 1996
- 43 -
CER77FICATION OF
EXECUTNE SESSION
ITEM # 40532
Upon motion by Councibnan Baum, seconded by Councilman Jones, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
@ public business matters lawfidly exempted from Open Meeting
requirements by lrtrginia law were discussed in Executive Session to
which this certification resolution applies;
AND,
OWy such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
lrzrginia Beach City CounciL
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones
and Mayor Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker, Vice Mayor William D. Sessonts, Jr. and Louisa M.
Strayhorn
March 12, 1996
CERTIF'ICAUON OF EXECUTIVE SESSION
VIRGINIA BEACH CRFY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirinative vote recorded in rrEM # 40530 Page No. 41 and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS-. Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFOR@ BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting 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 this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
Ruth Hodges Smith, CMC/AAE
City Clerk March 12, 1996
- 44 -
Item IV-0.1-4.
NEW BUSINESS ITEM # 40533
ADD-ON
Upon motion by Councibnan Baum, seconded by Councibnan Dean, City Council ADDED TO THE
AGENDA:
Resolution requesting the Virginia Beach School Board immediately
reconsider decision to pay legal fees of any Board Member in defending
that Member against 26 February 1996 Grand Jury Report.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc#% 111, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M Ilenley, louis R. Jones
and Mayor Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker, rice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
March IZ 1996
- 45 -
Item IV- Ol.b.
NEW BUSINESS ITEM # 40534
ADD-ON
Upon motion by Councibnan Harrison, seconded by Councibnan Branck City Council ADOPTED, AS
"ENDED*:
Resolution requesting the Virginia Beach School Board immediately
reconsider decision to pay legalfees of any Board Member in defending
that Member against 26 February 1996 Grand Jury Report.
*7he word "immediately' shall be added before the word "reconsider' in the caption, line Z and on line
47
Voting: 8-0
Council Members Voting Aye:
John A. Bawn, Linwood 0. Branch, III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones
and Mayor Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker, Vice Mayor Wzlliam D. Sessoms, Jr. and Louisa M.
Strayhorn
March 1Z 1996
1 A RESOLUTION REQUESTING THE SCHOOL BOARD TO
2 IMMEDIATELY RECONSIDER ITS DECISION TO PAY THE
3 LEGAL FEES INCURRED BY ANY BOARD MEMBER IN
4 DEFENDING ANY IEGAL PROCEEDING INSTITUTED
5 AGAINST SUCH MEMBER IN CONNECTION WITH THE
6 FEBRUARY 26, 1996, REPORT OF THE SPECIAL GRAND
7 JURY
8 WHEREAS, by order entered November 17, 1995, the Virginia
9 Beach Circuit Court impaneled a Special Grand Jury to investigate
10 the financial operations of the Virginia Beach School Division;
11 WHEREAS, the special Grand Jury completed its
12 investigation, and submitted its Report to the Circuit Court on
13 February 26, 1996;
14 WHEREAS, in its Report, the Special Grand Jury
15 recommended, among other things, that Chairman and Board member
16 June Kernutt, and Board members D. Linn Felt, Ferdinand Tolentino,
17 Joseph Taylor, Ulysses Van Spiva, Tim Jackson, and Elsie Barnes
18 "voluntarily vacate or be removed from their positions on the
19 Virginia Beach School Board;"
20 WHEREAS, shortly after the Report was released,
21 Commonwealth's Attorney Robert J. Humphreys announced that he would
22 seek an indictment for malfeasance against any Board member who did
23 not voluntarily resign from the Board;
24 WHEREAS, as of the date of this Resolution, all of the
25 above-named Board members, with the exception of Messrs. Jackson
26 and Tolentino, have announced their resignations;
27 WHEREAS, § 22.1-82 of the Code of Virginia provides that
28 legal counsel mav be employed by a school board to represent any
29 member thereof when a legal proceeding is instituted against the
30 member by virtue of his actions in connection with his duties as
31 such member;
32 WHEREAS, by resolution adopted March 5, 1996, the School
33 Board resolved "to pay reasonable legal fees and expenses incurred
34 by any Board member in defending any legal proceeding instituted
35 against such member in connection with his or her duties as a
3 6 member of the Virginia Beach School Board as alleged in the
37 February 26, 1996, report of the special grand jury;" and
38 WHEREAS, with the School Board experiencing a $12.1
39 million budget deficit in FY 94-95, and a potential $4.4 million
40 deficit in FY 95-96, the School Board's payment of the legal fees
41 of a Board member who makes a personal choice to incur such fees
42 would constitute, at best, a questionable and unnecessary
43 expenditure of taxpayers' dollars which would otherwise be
44 available for the education of our children.
45 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
46 OF VIRGINIA BEACH, VIRGINIA:
47 That City Council hereby requests the School Board to
48 immediately reconsider its decision to pay the legal fees incurred
49 by any Board member in defending any legal proceeding instituted
50 against such member in connection with the February 26, 1996,
51 Report of the Special Grand Jury.
52 Adopted by the Council of the City of Virginia Beach,
53 Virginia, on the 12th day of March 1996.
54 CA-6249
55 ORDIN\NONCODE\FEES.RES
56 R-2
57 PREPARED: 03/12/96
- 46 -
item IV-P.
ADJOURNMENT ITEM # 40535
Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:05 P.M..
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
----- --------------------------
Ruth Hodges &nit,% CMCIA.4E Meyera E. Oberndorf
City Ckrk Mayor
City of Virginia Beach
Trtrginia
March 12, 1996