AUGUST 21, 1990 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
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CITY COUNCIL AGENDA
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AUGUST 21, 1990
ITEM 1. COUNCIL CONFERENCE SESSION Conference Room 10:30 AM
A. TRANSPORTATION SAFETY COMMISSION
Reeves Johnson, Chair
B. MAYOR'S COMMITTEE ON AGING
Laurmel Buergey, Chair
ITEM 11. CITY MANAGER'S BRIEFINGS Conference Room - 11:00 AM
A. ENVIRONMENTAL MANAGEMENT STRATEGIES AND PROGRAMS
H. Clayton Bernick 111, Director, Environmental Management
B. ELECTROMAGNETIC FIELDS
W. F. Patterson, Jr., District Manager, Virginia Power
ITEM Ill. CITY COUNCIL CONCERNS - Conference Room - 12: NOON
ITEM IV. L U N C H - Conference Room - 12:30 PM
ITEM V. INFORMAL SESSION - Conference Room - 12:45 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM VI. FORMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Gerald Qualls
Glad Tidings Assembly of God
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 - August 14, 1990
G. PRESENTATIONS
1. LABOR DAY COMMUNITY COORDINATION COMMITTEE
Dr. Harrison B. Wilson, Co-Chair
Andrew S. Fine, Co-Chair
2. REGIONAL TRANSPORTATION INITIATIVES
Dwight L. Farmer, Chief Transportation Engineer
Hampton Roads Planning District Commission
H. CONSENT AGENDA
AII matters I Isted under the Consent Ag end a are cons ldered In the
ordInary course of busin ess by Clty CouncII and wi II be enacted by
one motion In the form listed. If an item Is removed from the Consent
Agenda, It will be discussed and voted upon separately.
1 Resolution authorizing the City Manager to negotiate and execute a
change order for a 90-day extension to the Construction Management
Engineer (CME) contract with Sverdrup Corporation In lieu of
awarding a second CME contract. (Deferred July 2, 1990)
2. Ordinance authorizing the City Manager to execute a contract with
the Virginia Beach Community Development Corporation re Strategic
Plan to cornplement and enhance the City's housing goals and
initiatives.
3. Ordlnances, upon SECOND READING:
a. To APPROPRIATE $53,887 re four additional positions in the
Sheriff's Office for FY 1990-1991.
b. To ACCEPT and APPROPRIATE $16,924 in State Grant Funds to the
FY 1990-1991 Operating Budget of the Library Department for a
part-time Library Technician and a large-print photocopier to
accofnmodate the Subroglonal Library for the Blind and Visually
Handicapped.
c. To ACCEPT and APPROPRIATE $13,583 from the State Department for
Children, Consortium on Child Mental Health to the Mental
Health/Mental Retardation/Substance Abuse Special Revenue Fund
re Child Day Treatment Prograin.
4. Ordtnances, upon FIRST READING:
a. To ACCEPT and APPROPRIATE $129,296 in SHARE Intervention
Program funds; authorize the City Manager to execute a grant
agreernent with the State Department of Housing and Community
Development; and, further, execute a contract with the Planning
Council to administer such funds.
b. To ACCEPT and APPROPRIATE $75,142 In donations from private
sources and the Commonwealth of Virglnia for program support of
the Virginia Beach Court Appointed Special Advocate (CASA)
Program.
5. Ordinances to TRANSFER:
a. $287,564 within the FY 1989-1990 Operating Budget re
antielpated deficits In Correctional Operations, Solid Waste
Disposal, and EMS/Operations.
b. $283,625 within the Fire Programs Fund re completion of
planning and construction of support components of the Fire
Tralning Center and purchase a microcomputer network.
c. LOW BID:
CONTRACTORS PAVING CO., INC. 1990-1991 Various $335,790
Roads Contract
1. PUBLIC HEARING:
1. PLANNING
a. Application of HOWARD and JANE SAWYER for a Conditional Use
Permit for repair of agricultural equipment on the West side of
Morris Neck Road, 400 feet more or less South of Cambells
Landing Road (5417 Morris Neck Road), containing 31,798.8
square feet (PUNGO BOROUGH).
Reco(nmendation: APPROVAL
b. Application ot VITA AMUSEMENT CORPORATION for a Conditional Use
Permit for a commercial recreational facility (table top
arcade) on the North side of Virginia Beach Boulevard, 300 feet
more or less East of North Great Neck Road (Lots 4, 5 and 6,
London Bridge Park), containing 2300 square feet
(LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
c. Application of BATTLEFIELD ASSOCIATES for a Conditlonal Use
Permit for a commercial recreational facility (billiard tables)
on Lots 4, 5, 6, 8, 10 and 12 and the Eastern thirty (30) feet
of Lots 7, 9 and 11, Block N, Lynnhaven Beach (2941 Shore
Drive), containing 1.2 acres (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
d. Application of "RACK-EM" FAMILY BILLIARDS for a Conditional Use
Permit for a commercial recreational facility on the North side
of Shore Drive, 272 feet more or less West of Northampton
Boulevard (4640 Shore Drive), containing 1.29 acres
(BAYSIDE BOROUGH).
Recommendation: APPROVAL
e. 1 Petition of CHARLES E. FALK, SR. for the discontinuance,
closure and abandonment of a portion of Fern Ridge Road
beginning at the Southeastern boundary of Lynnhaven
Parkway and running In a Southeasterly direction a
distance of 135 feet more or less (PRINCESS ANNE BOROUGH).
2. Application of CHARLES E. and KATHRYN L. FALK for a
Conditional Use Permit for automobile sales and service on
the East side of Lynnhaven Parkway at the Intersection with
Fern Ridge Road, containing 43,694 square feet (PRINCESS
ANNE BOROUGH).
Recommendation: APPROVAL BOTH APPLICATIONS
f. Application of CITY OF VIRGINIA BEACH, DEPARTMENT OF PUBLIC
UTILITIES for a Conditional Use Permit for a communication
tower 300 feet more or less Northwest of North Landstown Road,
2126.50 feet Northeast of Princess Anne Road (1925 North
Landstown Road), containing 440 square feet (PRINCESS ANNE
BOROUGH).
Recommendation: APPROVAL
g. CHESAPEAKE BAY PRESERVATION AREA REGULATIONS
1. Ordinances to AMEND and REORDAIN the Code of the City of
Virginia Beach, Virginia:
(a) Appendix A, Sections 101, 102, Ill and 200 of the City
Zoning Ordinance re legislative Intent, establishments
of districts and official zoning maps, definitions and
zoning lots.
( b) Appendix B, Sections 3.2, 3.3, 4.1, 4.2, 4.5, 5.10,
6.1 and 6.3 of the Subdivislon Ordinance re procedure
for approval of final plat, streets and alleys,
easements, public sites and open spaces, underground
utilities, preliminary plats and data generally and
final plats and data.
(c) Appendix C, Sections 2, 3, 4, 5 and 7 of the Site Plan
Ordinance re uses requiring site plan review,
procedures, Information required on site development
plan, minimum standards and specifications and
variances and appeals.
(d) ADDING Appendix F to be known as the Chesapeake Bay
Preservation Area Ordinance.
(e) Section 30-78 re erosion and sediment control and tree
protection.
CITY MANAGER RECOMMENDATION: Deferral of Items (a)
through (e) as the Planning
Commission's recommendation
Is pending.
h. CITY ZONING ORDINANCE:
1. Resolution In accordance with Section 102(b)(3) re
replacement of certain official zoning maps, without
change In designation, In order to facilitate their
computerization.
2. Ordinance to AMEND and REORDAIN Article 4, Section
401(a) re use regulations for repair of agricultural
equipment in the AG-1 and AG-2 Agricultural Districts.
Recommendation: APPROVAL
J. APPOINTMENTS
COMMUNITY SERVICES BOARD - Resignation
DEVELOPMENT AUTHORITY
PARKS AND RECREATION COMMISSION
K. UNFINISHED BUSINESS
L. NEW BUSINESS
M. ADJOURNMENT
CITY COUNCIL SESSIONS
RESCHEDULED
SEPTEMBER 11, 1990 2:00 PM
CANCELLED
VIRGINIA MUNICIPAL LEAGUE
DECEMBER 6, 1990 2:00 PM
Reschedule of Decernber 4
NATIONAL LEAGUE OF CITIES
(All Sessions of City Council are now held weekly on Tuesday)
8/16/90 cmd
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Item V-F.I.
MINUTES ITEM # 33368
Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council
APPROVED the Minutes of INFORMAL AND FORMAL SESSIONS of August 21, 1990, AS
CORRECTED:
Page 47, ITEM # 33342
Ordinance to AMEND and REORDAIN Article 4, Section
401(a) of the city Zoning ordinance re USe
regulations for repair of agricultural equipment in
the AG-1 and AG-2 Agricultural Districts.
The Correct Vote was 9-1 NOT io-o. Councilwoman
Nancy K. Parker voted NAY not AYE.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Meyera
E. Oberndorf and Nancy K. Parker
Council Members Votlng Nay:
None
Council Members Abstaining:
Reba S. McClanan
Council Members Absent:
William D. Sessoms, Jr.
Councilwoman McClanan ABSTAINED as she was not in attendance during the City
Council Session of August 21, 1990.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginta Beacli, Virglnia
August 21, 1990
The COUNCIL CONFERENCE SESSION of the VIRGINIA BEACH CITY COUNCIL was called to
order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building,
on Tuesday, August 21, 1990, at 10:30 A.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr. , Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
William D. Sessoms, Jr.
Council Members Absent:
Reba S. McClanan
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C 0 U N C I L C 0 N F E R E N C E S E S S I 0 N
TRANSPORTATION SAFETY COMMISSION
10:30 A.M.
ITEM # 33305
Reeves Johnson, Chairman - TRANSPORTATION SAFETY COMISSION, advised the
Commission is composed of nine (9) members appointed by City Council. The
Commission meets on notice of the Chairman a minimum of four times a year. The
Commission works with the various City government agencies, primarily the
Emergency Medical Services, Police Department, Traffic Engineering and the
Schools' Driver Education section. The first of the Fiscal Year's Meetings was
held December 20, 1989. The main purpose being to receive assessments of
accomplishments of the past two years concerning Traffic Safety Programs from
the Police Department, Traffic Engineering and City Safety Administration.
Traffic Safety grant applications approved were also discussed for the Fiscal
Year of 1989-90. The second meeting on March 13, 1990, entailed the discussion
of the Federal Highway Program areas and the method of obtaining Federal funds
under 402 on Safety Project applications as well as the distribution of
questionnaires from the State Transportation Administration which needed to be
completed for all City projects. The primary purpose of the third Meeting on
April 4, 1990, was to review the Virginia Beach Annual Highway Safety
Questionnaires and budget projections for the Fiscal Year 1991. It is necessary
each proposal identify the problem, depict the proposed solution and state the
desired goal of the program. Each proposal was to also list the funding needs
for the projects. The Commission approved all proposals and forwarded them to
the Department of Motor Vehicles. The Commission's last Meeting was held May
24, 1990, to receive the completed grant applications for funding under the 402
on Transportation Safety Programs in Virginia Beach for the Fiscal Year 1991.
There were four applications from the Police Department and five from Traffic
Engineering. All were reviewed and approved. These applications were then
submitted to the Intergovernmental Relations Office to be forwarded to VMV,
with all necessary signatures.
Sergeant Steve Smith - Virginia Beach Police Department - Special Patrol and
Traffic Bureau, Driving Under the Influence Task Force and Fatal Accident Crash
Team, advised over 1,000 were killed in traffic accidents in Virginia. Tn 1984,
Chief Wall formed a unit within the SPOT Bureau, the Fatal Accident Crash Team,
composed of a group of highly trained and experienced officers who investigate
all the serious injury and fatal traffic accidents. Recognizing most accidents
are caused by specific infractions i.e, DUI and speeding violations. In 1987,
Chief Wall formed a Selective Enforcement Team utilizing the data from the
computerized reporting accident system to develop selective enforcement
programs. Prior to the formation of the Selective Enforcement Team, the entire
Police Department, in 1986, made 1400 arrests for driving under the influence.
Last year this number was raised to 4,414. This year through July, the
Selective Enforcement Team, alone, has made 872 arrests for DUI and the entire
Department has made 2,274 arrests. Virginia Beach was selected as a "pilot
site" for the Drug Recognition Program, a federally funded program. All members
of the Selective Enforcement Team are now drug recognition technicians, most of
whom are instructors. This has enabled the City to assist in the training of
numerous law enforcement agencies throughout the Country. Members of the
Selective Enforcement Team have worked with the Marine Patrol to commence
enforcement of "boating under the influence" violations. Prior to the formation
of the Selective Enforcement Team, 72% of all traffic fatalities in the City
were alcohol involved with 64% of all fatalities occurring at night between
8:00 P.M. and 4:00 A.M. Twelve percent (12%) of all traffic accidents involved
alcohol to some degree. Through the years, tremendous progress has been
realized. Through July 1990, there have been 19 crashes in which 20 people were
killed. The DUI related crashes have been reduced to only 31.6%. The alcohol
involvement in all crashes has been reduced to less than 10%.
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C 0 U N C I L C 0 N F E R E N C E S E S S I 0 N
TRANSPORTATION SAFETY COMMISSION
ITEM # 33305 (Continued)
In 1989, a Federal Grant was received frorn DMV in the amount of $10,000 to be
utilized for overtime funding for Selective DUI Enforcement. All but
approximately $650 of these funds, which were matched by the City, have been
expended and provided officers working 934 additional hours maklng 137 arrests
for DUI over the number projected and Issuing 657 summons for other types of
arrests. The project has been tremendously successful. A similar grant has been
applied In 1991. A grant was also received for specialized training for the
Members of the Fatality Team, consisting of $7,500 In Federal funds matched by
the City. The last grant received In the amount of $5,000 in Federal Funds and
matched by City Funds was designed to combat the habitual offender. Those
drivers have demonstrated their indifference and disrespect for the laws of the
City and State. Once an Individual Is judged a habitual offender, a copy of the
paperwork Is forwarded to the Police Department and a file Is established.
Periodlc surveillance is established to determine if the individual has
continued to offend. Thus far In 1990, twenty-four arrests (24) have been made
for driving while a habitual offender, a felony arrest. The City has applied
for a similar grant in 1991, in the amount of $18,000. This will be matched by
the City In the amount of $24,500, to purchase and operate an unconventional
police vehicle. In 1991, an Occupant Protection Program Grant has also been
applied for consisting of $15,000 In Federal Funds to be matched by the City.
This grant would enable the training of nine otficers In occupant protection. A
program would then be developed on seat belts and child restraint devices to be
presented to the public. Child Safety Seat inspection would also be conducted
at various locations. Sergeant Smith will provide reports to Vice Mayor
Fentress related to bicycle/car accidents and Information related to traffic
accidents associated with individuals falllng out of the back of pick-up
trucks.
In response to Councilman Clyburn, Sergeant Smith advised he had spoken with
the Municlpal Cable Unit, relative video presentations. Eight to ten-minute
segments on Occupant Protection will be televised, as well as Public Service
Announcements.
Mayor Oberndorf referenced the requests of the Sandbridge Civic League relative
road construction to strengthen McCianan's curve. The Sandbridge Civic League
requested a sign be posted with a flashing light warning Individuals of this
curve.
Chairman Johnson Introduced G. Dwight Blankenbaker, Secretary of the
Transportation Safety Commission, Safety Administrator for the City and
President of the Virginia Beach Safety Council. In 1986, the Federal Government
passed the Connercial Motor Vehicle Act. All states must comply by April 1,
1992. The Commonwealth ot Virginia passed the Act in 1989. A commercial vehicle
Is any vehicle weighing 26,001 pounds or more, carrying 16 or more passengers,
or transporting hazardous materials that must be placard by Federal Law. This
affected 700 City employee5. The State government, by April 1, 1992, will be
100,000 short of having all those individuals required to be licensed by
Federal Law. There are stringent restrictions entalled with a commercial
vehlcle license. .04% Is considered legally intoxicated. There are no funds
available for training and licensing the City employees, but these will be
hopefully recovered in the next fiscal year from the Federal 401 funds. The
Department of Motor Vehicles has allowed, for the first time, third party
testing. The Safety Department has been through the training and upon receipt
of the approval of the submitted paperwork, wil I be able to road test all
future municipal employees who require a commercial vehicle license. All of the
written tests, however, must stil I be conducted by the Division of Motor
Vehicles.
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C 0 U N C I L C 0 N F E R E N C E S E S S I 0 N
MAYORIS COWITTEE ON AGING
11:00 A.M.
ITEM # 33306
Laurmel Buergey, Chair - MAYOR'S COMMITTEE ON AGING, advised the purpose of the
Commlttes, accord l ng to the By-Laws, WIII be to ass 1st the Otf Ice of the Mayor
In planning actions to meet the needs of senior citizens of the City of
Virglnia Beach as follows: to assist In identifying the needs of Seniors, to
assist In reviewing the nature and prioritles of service as necessary to meet
Seniors needs, to articulate the functions of thls committee with other
committees and agencies, to assist In Public Information, Legislative and
Education efforts regarding needs of and programs tor Seniors, to undertake
such special projects In the area of Interest of aging as the Mayor may assign
and to represent the Office of the Mayor, as appropriate. The Membership
consists of eighteen (18) persons. Six of the initial members were appointed
for three years, six for a term of two years and six for a term of one year.
Thereafter, each member was appointed for a three-year term. This COMMITTEE was
formed as a result and In cooperation with the National Older Americans Act.
The COMMITTEES accomplishments have been recognized by the Virginia
Association on Aging. The MAYOR'S COMMITTEE ON AGING Interfaces with SEVAMP and
several of the Members serve on both Boards. The Cornmittee has also served on
the Steering Committee to the MEDICARE/MEDICADE ASSISTANCE PROGRAM.
Mr. Paul Harris of the City Statf is an Invaluable I lalson. The Meetings are
SCHEDULED for the last Wednesday of each month at 2:00 P.M. in the Council
Conference Room and dre open to the publ ic. The Members very wi I I ingly
Investigate any al legations or problems that may be presented to them by
Members of the community.
EXECUTIVE COMMITTEE
Laurmel Buergey, Chair
William Milner, Vice-Chair
Yolanda Hampel, Secretary
Samuel Houston, Honorary Chairman
Members-At-Large
Gordon Morton
Wiley Scott
Elizabeth McClane
John Balchunis
PARLIAMENTARY AND LEGAL COMMITTEE
Judge Robert Simpson - Chairman
LEGISLATIVE COMMITTEE
William Milner - Chdir
COMMUNITY RELATIONS AND MEDIA
Madeline Nevala -Chair
CONSUMER AFFAIRS
Tom Grubbs - Chair
HOUSING
Elizabeth McClane
HUMAN RESOURCES
Captain Wiley Scott - Chair
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C 0 U N C I L C 0 N F E R E N C E S E S S I 0 N
MAYOR'S COMMITTEE ON AGING
ITEM # 33306 (Continued)
The COMMIJNITY RELATIONS COMMITTEE shall report on needs and opportunities for
increasing comunity awareness to the problems of older adults with effective
solutions. Consumer Affairs shall report on specific consumer protection areas
which require action of the City with emphasis on matters which are aggravated
by fixed income such as tax relief and transportation. HOUSING shall report on
problems of housing for older adults including zoning and planned projects and
seek effective solutions. HUMAN RESOURCES shall report on problems for older
adults regarding health, mental health, education, social services, volunteer
work and leisure activity. Some of the accomplishments of this Committee have
been as follows: (1) The need for tax relief has been identified among the
low-income elderly of the City, leading to the present tax-relief program for
qualifying home owners (2) The carrier relief program has been instituted. This
is a cooperative venture between the postal services and Volunteers of America
for protection of the elderly who are left alone. (3) The Golden Age Pass has
been instituted for users of the facilities of the Departments of Parks and
Recreation, who have attained the age of 65. There is a one-time fee for this
pass, which unlike others does not require annual renewal. (4) The BEACON has
been persuaded to publish a weekly section for Seniors. (5) A cooperative
effort has been initiated between the MAYOR'S COMMITTEE ON AGING and the
Virginia Beach Campus of Tidewater Community College which resulted in the
production of a multiple series of educational television tapes, which focused
on problems of the elderly and were aired on Channel 29. (6) The COMITTEE
requested a comprehensive directory of services for the elderly be compiled by
the City. (7) A Task Force was formed, composed of Members of City Council,
City Employees, Planning District Twenty Housing experts, builders and realtors
to review the needs and availability of housing for the elderly and to seek
possible solutions. (8) The COMMITREE proved instrumental in the development of
a Department of Housing and Cormnunity Development in order to expedite
solutions to the housing needs of the elderly citizens. (9) The COMMITTEE
suggested the Home Share program, which is now being operated by the Department
of Housing and Community Preservation. (10) The C"ITREE supported the
formulation of a non-profit corporation to facilitate the financing of housing
for low income people in the City 's TARGET areas, whose residents are 75%
elderly. (11) The COMMITTEE initiated "search line", a central information hot
line through cooperative efforts with City staff, Hampton Roads Information
Center and the United Way. (12) The COMMITTEE has investigated the effect of
escalating water usage fees on low income elderly of the City and have made
initial plans for relief, if these plans prove detrimental to the health and
welfare of this particular group of citizens. (13) The COMMITTEE is
investigating the feasibility of building a home for fifteen to twenty-five low
income elderly through co-operation of the public and private sectors. (14) The
Senior Showcase has been one of the most rewarding efforts for the past five
years. This day-long event has been attended by hundreds of people each year
who are educated in a broad variety of topics and services, as well as being
entertained and offered hospitality through refreshments.
William Milner, Vice-Chair, distributed copies of articles contained in the
BEACON and VIRGINIA BEACH SUN relative involvements of the MAYOR'S COMMITTEE ON
AGING. Approximately 10% of the population of Virginia Beach are seniors, 60
years or older.
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I T E M S 0 F T H E C I T Y M A N A G E R
ITEM # 33307
The City Manager distributed the STATE BUDGET SHORTFALLS FY 90/FY 92. Copy of
same Is hereby made a part of the record. On August 17, 1990, the Governor
announced his plans to address the approximately $1.4-BILLION shortfall in the
State budget. This shortfall Is a combination of unrealized anticipated revenue
for the fiscal year that ended June 30, 1990, and the next biennium.
The City Manager had previously Informed the City Council, he had anticipated
the desire to deal with $2-MILLION in deletions/deferrals. This has been
implemented. Approximately $600,000 of this amount involved deletions/deferrals
In the School System. The School System agreed to sald actions and these have
been Implemented. The freeze on all personnel positions will be strengthened.
Only through the City Manager's explicit direction will positions of dire
emergency be approved. Approximately 285 positions have been frozen. The City
Manager has also placed a hold on the Issuance of "The Percent for Art"
contract for the purchase of a sculpture "Homage to the Sun" In the amount of
$100,000. The City Manager is deferring capital equipment purchases for 45 days
until the details of the Governor's Initiatives are assessed.
The City Manager met on Monday, August 20, 1990, with the Superintendent of the
Schools, the School Board and the key financial advisors. The City Manager has
received the co-operation of the School System. A personnel freeze will be
Instituted on the School's side of the organization Involving those positions
which are able to be frozen.
The City Manager advised his greatest concern Is the 1991-1992 Operating
Budget. The City Manager believed cuts being contemplated at the State level
are being structured to have minimal impacts In this fiscal year; however, he
believed the Impacts would be dramatic in FY 1992.
Councilman Baum advised relative general concerns with the environment, there
have been some State budget Items which have been Increased, l.e., the
Chesapeake Bay Preservation Act and non-tidal wetlands. The Soil and Water
Conservation Agency has been expanding. Councilman Baum Inquired as to the
number of cuts anticipated. Regulations for the sake of regulations Involve
considerable funds. Councilman Baum requested a determination by Robert
Matthias, Inter-governmental Relations Liaison, as to the agencies which have
grown in that respect.
The City Manager advised the State mandate side of the equation was extremely
important. The City Manager referenced the City was not aware at the present
time whether there would be some relief on those mandates.
Councilman Lanteigne advised he will be SCHEDULING a Resolution on the City
Council Session of August 28, 1990, to form a Committee comprised of both civic
leaders and financial leaders of the City to assist the City Manager and Staff
In the revamping of the Budget Process by Investigating methods to save money
and lessen the Impact on reduced services.
Councilman Jones requested Robert Matthias, Inter-governmental Relations,
inquire relative the regulation pertaining to wells. Councilman Jones believed
the Health Department was instigating a restriction on all the wells for
residential properties.
Councilman Sessoms Inquired relative the amount of rental expenses on an annual
basis for the City. The City Manager will Investigate.
The City Manager advised Councllwoman Parker, he will be meeting with all the
Constitutional Officers.
Mayor Oberndorf advised the City Manager will be forwarding letters to those
receiving grants during this Budget year Indicating those levels of funding
might not be a reality In the next Fiscal Year.
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C I T Y M A N A G E R IS B R I E F I N G
ENVIRONMENTAL MANAGEMENT STRATEGIES AND PROGRAMS
11:13 A.M.
ITEM # 33308
In response to Vice Mayor Fentress, H. Clayton Bernick 11, Director -
Environmental Management, advised he had been In contact with the Chesapeake
Bay Local Assistance Department Staff In Richmond as recently as thi5 morning,
August 21, 1990. Their advice Indicates, while there is an effective date for
local programs to be adopted by September Twentieth, staff is most concerned
programs both In Virginia Beach and all the localities be implemented and be
effective by a date as close to this as possible. The Department Is most
concerned with the workings of a program than meeting the "letter of the law".
The Chesapeake Bay Local Assistance Board has not yet been able to addres5 this
Issue officially. Their next meeting will be September Thirteenth. The staff
Informed Mr. Bernick they intend to be making a recommendation to the Board,
that leniency be involved because of the tremendous budget problems faced by
local governments. It Is also more important to have programs that are really
effective In place rather than be held to a deadline arbitrarily.
Mr. Bernick distributed a descriptive listing of twenty (20) ENVIRONMENTAL
MANAGEMENT STRATEGIES AND PROGRAMS, ten (10) of which basically occur most
often In rural or agricultural areas and ten (10) that affect urban areas:
Soil and Water Conservation Plans
Water Table Control Structure
Animal Waste Treatment
Flesticide Applicatlons Training
Soil, Tissue and Manure Testing
Integrated Pest Management (IPM)
Creatlng Aquatic Wildlife Habitat
Lake Mangement
Plant Materials for Stabilizing Dunes and
Shorelines
Marketing of Low Impact Sustainable Agriculture
(LISA) Concept
Erosion and Sedimentation Control
Bird Sanctuaries
Wetlands Managernent
Beach Litter Control
Tree Protection/Landscaping
Composting
Water Quality
Shoreline Protection/Beach Mangement
Residential Wood smoke
Recycling
Because of the diversity ot programs in the City, there exists a fairly complex
organizational structure for Environmental programs. On specific programs, two
or more agencies in the City share responsibility. Efforts to Improve the
organizational structure and program efficiency are not only desirable but
might be essential if the Department is to continue to meet the demands both in
terms of State and Federal Mandates and be able to respond most effectively to
the concerns of the citizens.
Mr. Bernick extended appreciation to Louis Cullipher, Director of Agriculture,
for his invaluable assistance.
- 8 -
C I T Y M A N A G E R 'S B R I E F I N C
ENVIRONMENTAL MANAGEMENT STRATEGIES AND PROGRAMS
ITEM # 33308 (Continued)
Mr. Bernick concentrated on the programs which best exemplified some of the
diverse issues concerning the Department.
Name of Program: Water Table Control Structure
Implementing Agency: Agriculture Department
Legal Authority: Undefined
Date Program Initiated: 1985
Brief Description of Program:
Water control structures (weirs) are installed in drainage
outfalls to utilize rainfall and recharge the water table.
Positive Benefits/Results Evident from Program:
Data in North Carolina indicates about 50% reductiod in
nitrate nitrogen to groundwater and almost 100% control of
phosphorus by trapping sediment.
Areas for Improvement/Overhaul:
Federal/State cost share needs to be continued
Demonstration/experimental project in City is desirable to
compare data with North Carolina and help market to local
landowners.
Name of Program: Animal Waste Treatment
Implementing Agency: Agriculture Department
Legal Authority: Undefined
Date Program Initiated: 1970
Brief Description of Program:
Anaerobic lagoons are constructed to biologically assimilate
nutrients. Wastewater is land applied and nutrients recycled
through soil/plant system.
Positive Benefits/Results Evident from Program:
75,000 hogs produced/year generate about 436 tons of
nitrogen and 133 tons of phosphorus. We can assume that
almost none of these nutrients reach a receiving stream.
Areas for Improvement/Overhaul:
Update animal waste management plans and follow-up
inspection of sites.
- 9 -
C I T Y M A N A G E R tS B R I E F I N G
ENVIRONMENTAL MANAGEMENT STRATEGIES AND PROGRAMS
ITEM # 33308 (Continued)
Name of Program: Erosion and Sedimentation Control
Implementing Agency: Public Works - -Engineering Division
-Highways Division
-Waterfront Operations
Agriculture -Environmental Services
General Services -Landscape Services
Permits & Inspections -Building Inspections
Planning
Environmental Management
Legal Authority: City Code, Chapter 6, Article VII
City Code, Chapter 30, Article 11
City Code, Chapter 30, Article Ill
Date Program Initiated: 1965
Brief Description of Program:
Requires submittal and approval of erosion and sedimentation
control plans for all land disturbing activities exceeding
10,000 square feet of area. Plans are required to be
Implemented on site and maintained until the site has been
permanently stabilized.
Positive Benefits/Results Evldent from Program:
Erosion and sedimentation on development sites has been
minimized.
Areas for Improvement/Overhaul:
Current program administration is cumbersome and
duplicative. The need exists to improve training of plan
review and Inspections/enforcement staff. Violations of code
requirement are numerous, with fines seldom imposed by the
Circuit Court. Localized erosion problems degrade surface
water quality, Increase transport of pollutants to estuarine
areas, lead to obstruction of navigation and impede proper
functioning of City drainage systems.
Name of Program: Water Quallty
Implementing Agency: Public Works - Engineering Division
Highways Division
Planning
Agriculture
Environmental Management
Legal Authority: City Code, Appendix D
Date Program Initiated: 1988
Brief Description of Program:
Stormwater Management ordinance requires use of best
management practices in conjunction with urban development.
Positive Benefits/Results Evident frorn Program:
Water quality Improvements from urban nonpoint source
runoff. Reductions In shoreline erosion. Improved wildlife
habitat, wetlands protection.
Areas for improvernent/overhaul:
Long-term success dependent upon adequate funding/staffing
to ensure inspections/maintenance and enforcement. Water
quality testing needed. NPDES requirements Imminent.
Retrofitting of old runoff systems and desirability of
stormwater utility to help finance program desirable.
- 10 -
C I T Y M A N A G E R IS B R I E F I N G
ENVIRONMENTAL WWAGEMENT STRATEGIES AND PROGRAMS
ITEM # 33308 (Contlnued)
Name of Program: Shoreline Protection/Beach Management
Implementing Agency: Public Works - Engineering Division
Legal Authority: City Code, Chapter 6
Date Program Initiated: 1965 (Orlglnal Commission at Oceanfront was
Instituted as early as 1946.)
Brief Description of Program:
Beach nourishment is ongoing practice In resort area. Ocean
Park beach Is most recent publ ]c beach area. Sandbri dge
public beach proposed by Council resolution In 1990. Corps
of Engineers Hurricane Protection Plan calls for
reconstruction of Resort Area/North End beaches, dune system
and Boardwalk. Beach Management plan completed in 1987 calls
for comprehensive approach to pubiic beach access/
nourishment/use.
Positive Benefits/Results Evident from Program:
Tourism industry sustained. Shoreline erosion kept to
minimum within public beach area.
Areas for Improvement/Overhaul:
Continued funding of Federal/State cost share Is necessary
to ensure programs remain viable. Private beach areas not
subject to funding assistance. Long-range costs difficult to
quantity.
Mayor Oberndorf advised of the six programs listed, at least five have
continued funding of Federal and State cost-sharing. Mr. Bernick advised one
of the areas the Department Is Investigating Is the availability of other costs
assistance beyond the typical Federal and State grant packages secured in the
past. There are a number of private and non-profit organizations that provide
funding assistance to local governments.
- 11 -
C I T Y M A N A G E R IS B R I E F I N G
ELECTROMAGNETIC FIELDS
12:15 P.M.
ITEM # 33309
W. F. Patterson, Jr., D15trict Manager - Virignia Power, introduced Harold
Adams, Manager - Substation and Transmission Engineering and Mike Burke,
Supervisor of Transmission Engineering and a Member of the Task Force related
to ELECTROMAGNETIC FIELDS.
Mr. Adams distributed a review of the 60 Hz ELECTRIC AND MAGNETIC FIELDS ISSUE.
Said information Is hereby made a part of the record. Electric and Magnetic
Fields are produced by electricity. The electric field Is caused by the voltage
on the wire and the magnetic field by the current which goes through the wires.
The fields decrease rapidly as you move away from the source of the electrical
apparatus. Chart 2 Illustrates the Electromagnetic Spectrum. Electric and
magnetlc fields from electrical appliances and from power lines induce weak
electrical currents In people and animals. The induced currents are smaller
than the naturally occurring currents already flowing in the body.
The Intensity of electric fields and magnetic fields varies according to the
following factors:
ELECTRIC FIELDS MAGNETIC FIELD
Distance to Source Distance to Source
Voltage Current
Geometry Geometry
Distance Between Phases (Wires) Distance Between Phases (Wires)
Balance of Load
Neutral Current
There has been considerable scientitic research to determine If there are
effects and If there Is the cause and effect relationship. The research has
been performed in two primary categories: Epidemiology (statistical surveys of
population) to determine whether an association exists and laboratory research
aimed at cellular animal/human cultures in a controlled environment to
determine the cause and effect and dose relationship. At this point, the
results of both of these sets of research Is Inconclusive. The science is very
complicated. As yet, there has not been any dose or cause and effect
relationship established by the research.
VIRGINIA POWER
AND
ELECTRIC/MAGNETIC FIELDS
Virginia Power Position Committed to protect Public and
ernployees, policy of openess
EMF Committee 9 Departments, aware of latest
developments
Address Customeris Concerns Review of electricity
Review studies/reports
Make tield intensity measurements
Sponsor Research EPRI
University of Rochester
Transmission Line - Design for lowest fields
Substation - Fields extremely small
Distribution - Studies ongoing
State Corporation Commission
Virginia Department ot Health
Other States and EMF
International Radiation Protection Association
- 12 -
C I T Y M A N A G E R IS B R I E F I N G
ELECTROMAGNETIC FIELDS
ITEM # 33309 (Continued)
Mr. Burke advised there Is a $20-MILLION effort consisting of 147 studies
ongoing worldwide relative to Electric/Magnetic Flelds. Therefore, it wi I I be
many years before a scientific consensus Is derived.
- 13 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 33310
Councilman Lanteigne expressed appreciation to the City Manager for the
correspondence relative acquisition of property in fee simple for right-of-way
for Ferrell Parkway. The last paragraph of said correspondence indlcated
appraisals are anticipated to be completed by December 1990. Other
correspondence had indicated appraisals would be ready by late August.
The City Manager will advise concerning this conflict and the delay.
ITEM # 33311
Councilman Clyburn advised the Site Selection Committee met on Monday, August
21, 1990. Tallwood High School was referenced. As of yesterday, there was still
no agreement from the Environmental Protection Agency to allow this School to
be built. The Gregory property, the site for this proposed school, has not been
purchased and It appears same Is being held up until there Is some indication
this site can be utilized. The Landstown combined school site Is in the same
situation. If Tallwood Is not acceptable, Landstown will not be acceptable.
Both of these sites are desperately needed by the school administration to be
able to institute the Middle School concept. As the mandate for this concept Is
for 1992, the Superintendent of Schools, Is requesting the State delay this
mandate. The one site that has been approved is the Strawbridge Elementary
School site, located off General Booth Boulevard. If this high school site Is
delayed for one-year, the estimated inflation cost will be a $1,500,000
Increase In cost to the school system.
ITEM # 33312
Councilwoman Parker referenced an article in the Sports Section of the
VIRGINIAN-PILOT LEDGER/STAR relative a sports stadium at Bessie's Place. Mayor
Leafe had indicated he would be Inquiring regarding regional assistance In the
funding of this particular site. Council Members Heischober and Clyburn, as
well as the City Manager indicated they had not received any inquiries
concerning regional assistance for the Mets/Tides baseball stadlum and related
facilities.
ITEM # 33313
Councilwoman Parker referenced correspondence relative her Inquiry concerning
the VBEA Flyer concerning Health Insurance. The Information was Inaccurate.
Said correspondence is hereby made a part of the record. The City Manager will
contact the Superintendent of Schools to prevail upon the VBEA to forward
factual Information.
ITEM # 33314
Councilwoman Parker referenced the Mernorandum relative the Corporate Landing
Amphitheater. The Development Authority, as part of the development of
Corporate Landing, wishes to develop an outdoor amphitheater as an amenity to
the park and the surrounding community. Favorable response has been received
from Parks and Recreation, Civic League Leaders and Councilwoman McClanan.
Councilwoman Parker wished to be assured all of the adjacent residents had been
notified.
ITEM # 33315
The City Clerk referenced the Ordinance to AMEND and REORDAIN Artlcle 4,
Section 401(a) re use regulations for repair of agricultural equipment in the
AG-1 and AG-2 Agricultural Districts (See Item I.I.h.2 of the PLANNING AGENDA).
BY CONSENSUS, City Council shall MOVE this Item FORWARD prior to the PLANNING
AGENDA.
- 14 -
ITEM # 33316
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Conference Rc>om, City Hal I Bul Iding, on
Tuesday, August 21, 1990, at 1:00 P.M-
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf , Nancy K. Parker and W I I I lam D.
Sessoms, Jr.
Council Members Absent:
Reba S. McClanan
- 1 5 -
ITEM # 33317
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to
conduct its EXECUTIVE SESSION# pursuant to Section 2.1-344, code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of appointment of specific
appointees pursuant to Section 2.1-344(A) (1). To-wit: Appointments - Boards
and Commissions as listed In the Formal Agenda.
2. LEGAL MATTERS: 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). Actual or
probable litigation or other specific legal matters are the following: (1)
Dwight Cowell v. City, et al.
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
voted to proceed Into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Haroid
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 16 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
August 21, 1990
2:00 P.M.
Mayor Meyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL In the Counci I Chambers, City Hal I Bul Iding, on Tuesday,
August 21, 1990, at 2:00 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and Wi I I lam D.
Sessoms, Jr.
Council Members Absent:
Reba S. McClanan
INVOCATION: Reverend Gerald Qualls
Glad Tidings Assembly of God
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 17 -
I tem V-E.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 33318
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Co un c I I CERT I F I ED THE EXECUT I VE SESS I ON TO BE I N ACCORDANCE W I TH THE MOT I ON 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 buslness matters as were
Identified in the motions convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Votlng Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
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 # 33317,
Page No. 15, and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 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.
3
City Clerk August 21, 1990
Item V-F. 1.
MINUTES ITEM # 33319
Upon motion by Councilwornan Parker, seconded by Vice Mayor Fentress, City
Council APPROVED the Minutes of INFORMAL AND FORMAL SESSIONS of August 14,
1990.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Meyera
E. Oberndorf, Nancy K. Parker and William D. Sessoms,
Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 19 -
Item V-G. 1
PRESENTATIONS ITEM # 33320
LABOR DAY COWUNITY
COORDINATION COMMITTEE
Andrew S. Fine Co-Chair of the LABOR DAY COMMUNITY COORDINATION COMMITTEE,
advised that almost on a dally basis, the Members of the LDCCC are being
interviewed by the media.
The LDCCC Is In the final preparations for volunteer training with over 700
individuals who have volunteered.
Mayor Oberndorf again extended appreciation to Dr. Wilson, Mr. Fine and all
those associated with the LDCCC for their leadership and positive attitudes.
- 20 -
Item V-G. 2.
PRESENTATION TTEM # 33321
REGIONAL TRANSPORTATION INITIATIVES
Mr. Dwight L. Farmer, Chief Transportation Engineer - Hampton Roads Planning
District Commission, presented information relative Senate Joint Resolution 94.
Said information is hereby made a part of the record. SJR 94 is basically
intended to be a study of the transportation needs for the entire Hampton Roads
community. The Study Committee shall consist of 14 members:
3 from the Senate Corninittee on Transportation
1 from the Senate at Large appointed by the Senate Committee on
Privileges and Elections
4from the House Committee on Roads and Internal Navigation
1from the House at large appointed by the Speaker
3appointed by the Governor
Ishall be the Secretary of Transportation
1shall be the Commonwealth Transportation Commissioner
The Joint Study Committee shall study and comment on the advantages and
disadvantages of a Hampton Roads Transportation Authority. The report shall:
Describe the role of local governments
Describe funding strategies and structural arrangements
Study the feasibility of alternative mass transit systems
Evaluate environmental impacts of transportation decisions
Make recommendations regarding a Regional Transportation
Authority.
Consider the organizational structure of a Regional
Transportation Authority, its powers and its relationship to
the Virginia Department of Transportation.
The Hampton Roads Planning District Commission has not taken any action to
endorse a Regional Finance Authority. However, the Southeastern Planning
District Commission with the Peninsula Planning District Commission in a joint
meeting in December 1989 endorsed a Resolution requesting the General Assembly
investigate the feasibility of such an Authority.
The major background problem is the total annual shortfall primarily for
transportation in the localities is approximately $160-MILLION. No new Federal
funds are anticipated for Transportation purposes for the next four to six
years. The proposed Federal policy calls for a new "partnership" with state
and local governments (more local funding).
Pages 9, 10 and 11 of said presentation summarizes a hypothetical act of
creating a Regional Transportation Finance Authority. The governing bodies of
two or more adjacent political subdivisions included in no more than two
adjacent Planning Districts may by simple resolution, create a Regional
Transportation Finance Authority.
- 21 -
Item V-G.2.
PRESENTATION ITEM # 33321 (Continued)
REGIONAL TRANSPORTATION INITIATIVES
The powers would basically entail:
Adopt bylaws and regulations not inconsistent with
the general laws of the Commonwealth.
Fix, charge and collect tolls
Borrow and Issue notes, bonds or other obligations
Issue revenue bonds
Acquire, purchase, lease, construct, reconstruct,
improve, extend, widen, operate and maintain
designated toll facilities.
Acquire by gift or purchase land and right-of-way
Contract and negotiate with Federal, State or local
governing bodies.
Enter Into agreements or leases with private
companies to construct, operate and maintain
facilities.
Connect projects with other roads operated by other
public Instrumentalities with the approval of
VDOT.
Determine the location of projects constructed or
acqulred by the authority, subject to the approval
of VDOT.
The authority shall prepare a "Transportation Requirement Financing Program"
for Its region.
- 22 -
I tern V-H.
CONSENT AGENDA ITEM # 33322
Upon motion by Councilman Heischober, seconded by Councilman Baum ' City Council
APPROVED in ONE MOTION Items 2, 3 a.b.c., 4.a.b., 5 a.b and 6. of the CONSENT
AGENDA.
Item 1 was pulled for a separate vote.
Voting: 10-0
Council Members Voting Aye:
John A. BaLim, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louls R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 23 -
Item V-H. I
CONSENT AGENDA ITEM # 33323
Rae H. LeSesne, 525 Thornburg Lane, Phone: 497-8008, represnted the Citizens
Action Coalition,
A motion was made by Councilman Jones, seconded by Councilman Heischober, to
ADOPT a Resolution authorizing the City Manager to negotiate and execute a
change order for a 90-day extension to the Construction Management Engineer
(CME) contract with Sverdrup Corporation In lieu of awarding a second CME
contract.
Councilman Lanteigne offered an Amendment, seconded by Councilman Brazier, to
delte the words 1190 day" and Insert "30-day" extension to the Construction
Management Engineer (CME) contract with Sverdrup Corporation In lieu of
awarding a second CME contract.
Voting: 2-8 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
James W. Brazier, Jr. and Paul J. Lanteigne
Council Members Voting Nay:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Absent:
Reba S. McClanan
- 24 -
Item V-H. 1 .
CONSENT AGENDA ITEM # 33323 (Continued)
Upon motion by Councilman Jones, seconded by Councilman Heischober, City
Council ADOPTED:
Resolution authorizing the City Manager to
negotlate and execute a change order for a 90-day
extension to the Construction Manageinent Engineer
(CME) contract with Sverdrup Corporation In lieu of
awarding a second CME contract. (Deferred July 2,
1990)
Voting: 8-2
Council Members Voting Aye:
John A. Baun, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
James W. Brazier, Jr. and Paul J. Lanteigne
Council Members Absent:
Reba S. McClanan
RESOLUTION
WHEREAS, the Council of the City of Virginia Beach, Virginia
has previously approved initiatives to achieve major improvements
in the city roadway network, and
WHEREAS, a decision was made in 19B7 to utilize the services
of a Construction Management Engineer (CME) to augment city
engineering staff resources for 61 roadway projects, and
WHEREAS, the CME is providing construction administration
for ten CIP roadway construction projects, and
WHEREAS, seven out of the ten projects were still under
con5truction when the CME contract was scheduled to end on June
30, 1990, and
WHEREAS, a sixty day time extension to the current CME
contract was approved in order to provide continuity between the
first contract and a proposed second CME contract, and
WHEREAS, a decline in the tempo of site and subdivision
construction activity has resulted in the flexibility to
reallocate city personnel resources to assumption of the
functions being performed by the CME, and
WHEREAS, a ninety (90) day transition period is needed to
L-ffectively allocate city resource5 to fully assume the duties of
the CME, and
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to negotiate and
execute a change order for a ninety (90) day extension to the CME
contract with SVERDRUP Corporation, in lieu of awarding a second
CME contract.
ADOPTED: August 21, 1990
- 25 -
Item H. 2.
CONSENT AGENDA ITEM # 33324
Upon motion by Councilman Heischober, seconded by Councilman Baum, City Council
ADOPTED:
Ordinance authorizing the City Manager to execute a
contract with the Virginia Beach Community
Development Corporation re Strategic Plan to
complement and enhance the City's housing goals and
Initiatives.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Helschober, Louis R. Jones, paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McCianan
Requested by the Department of Housing and Neighborhood Preservation.
AN ORDINANCE TO AUTHORIZE THE CITY MANAGER
TO EXECUTE A CONTRACT WITH THE VIRGINIA BEACH
COMMUNITY DEVELOPMENT CORPORATION (VBCDCI
WHEREAS, the City has received funds from the U.S. Department of
Housing and urban Development under the Housing and Community
Development Act of 1987; and
WHEREAS, the City desires assistance in promoting the
availability of decent, safe and affordable housing for its low and
moderate income residents and in revitalizing its low and moderate
income neighborhoods; and
WHEREAS, the Virginia Beach Community Development Corporation
(VBCDC) is a 501 (c) (3) non-profit housing development corporation
which has submitted a Strategic Plan which addresses the housing needs
of low and moderate income residents of Virginia Beach and represents
that it is qualified and willing to implement this Plan to complement
and enhance the City's housing goals and initiatives; and
WHEREAS, the city wishes to enter into a contract with the VBCDC
to implement this Strategic Plan and enhance housing assistance to its
residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH that the attached contract is hereby approved and
the City Manager is hereby authorized and directed to sign the
contract with the VBCDC for the purpose referenced above and for the
terms and conditions more fully specified in the agreement attached
hereto and incorporated by reference.
This ordinance shall be effective from the date of its adoption.
Adopted by the City Council of Virginia Beach, Virginia on the
21 day of August 1990.
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
e@par@ o: ey'
Neighborhood Preservation
CONTRACT BETWEEN THE
CITY OF VIRGINIA BEACH AND THE
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION, INC.
This Contract, elitered into as of the _ day of
i990, is a contract by and between the city of Virginia Beacb
(hereinafter called CITY) and Virginia Beacli Community Development
corporation (hereinafter called VBCDC) for the implementation of
Housing and Community Development Programs for Fiscal Year 1990-
91.
W I T N E S S E T H:
WHEREAS, the CITY has received funds from the U.S. Department
of Housing aiid Urban Development uiider the Community Development
Act of 1980 (Pub. L. 96-99); and
WHEREAS, the CITY has allocated a portion of these funds to
be utilized to promote housing and commuliity development
activities; and
WHEREAS, the CITY lias solicited the iion-profit corporation as
is specified under Section 501 (c)(3) of the Internal Revenue Code
of 1954 (or the corresponding provisions of any future United
States Internal Revenue Law) to assist the residents of Virginia
Beach iii the utilization of all available resources to meet their
needs: and
WHEREAS, the CITY desires to engage the VBCDC to assist in
the provision of services to facilitate the overall revitalization
of low and moderate income iieighborhoods, to encourage private
investment in these neigliborboods in a manner which is consistent
with the purposes of the CITY's neighborllood plans for low and
moderate income areas, and to involve tbe community in the
revitalization of these areas, and
WHEREAS, the VBCDC has submitted a Strategic Plan which
addresses the specific low and moderate income housing needs of the
residents of Virginia Beach and represents that it is qualified and
willing to perform the services in connection with providing
available resources to meet tbeir needs.
NOW THEREFORE, in connection with these premises and mutual
covenants, promises and representations contained herein, the two
parties do mutually agree to the following:
1. e eral sco e f Ser,,ices -- The strategic Plan for the
VBCDC provides a framework for directing the VBCDC's services and
programs for the next five (5) years (1990-95) and i.'3 attached
hereto and incorporated by reference.
2. Lr am Qb tives -- in general terms, tlie VBCDC will
conduct such activities which promote the availability of decelit,
safe and affordable liousing resources for low and moderate income,
elderly and disabled residents and wliich complement the efforts of
the CITY to revitalize low and moderate income neighborhoods.
These activities include but are not limited to the following
objectives:
A. to promote the revitalization of tbe target neighborhoods
througli infill housing for low aiid moderate income
households.
B. to promote the develr)pment of citywide affordable housing
opportunities.
C. to encottrage the preservation of the CITY's housing stock
tlirougli the acquisition, rehabilitation and resale of
vacant aiid foreclosed properties.
D. to develop and implement programs wliich prevent
homelessness and foster self-sufficiency.
E. to develop priorities for hotisiiig initiatives wliich
complement and eiihaiice the CITY's housing and
neighborhood preservation plans and strategies.
3. d et submission -- The admiiiistrative budget request
for future contracts between tlie CITY and the VBCDC will be
presented to the CITY oti or before November 1 of the year preceding
the fiscal year iiily 1st - June 30tb. Reqtiests for funding of
projects will be submitted to the CITY on or before March 1st of
the year preceding the fiscal year itily 1st - June 30th contract
year.
4. -.iO-lls -- The VBCDC agrees to
expend the funds provided to it by the CITY in accordance with the
Work Program and witli the Budget Allocation in the amount of
$141,750 attached liereto and incorporated by reference. No funds
2
will be expended or obligated by the VBCDC unless done pursuant to
sucli line-item budget, and any changes in tlie Work Prograin or tile
line-item budget must be approved in writing by the CITY.
Notwithstanding the foregoing, and so long as the overall
expeiiditures do iiot P-xceed the total of budget funds set otit iii tlle
Budget Allocation, clianges of prograni or admiiiistrative
expenditures differing from tbe liiie-item budget may be made if
tliey do not exceed a iiiie-item I)y more tliaii teli percent ( 10%) . ADY
variance greater thail ten perceiit ( 10?-,) must be approved iii wri.tilig
by the CITY prior to disbursenieiit-
5. Admiiiistr4t-tOl-l f C@l te 0 tioll --The VBCDC will
manage its corporate affairs in a regular and effective manner,
contintiing to keep appropriate books aiid records accurately
reflecting all financial transactions of the VBCDC. The VBCDC
agrees to:
A. Conduct appropriate corporate and otlier meetings and
attend to tlie isstiance of proper notice and preparatioli
and retentioii of minutes relatiilg tllereto.
B. make sucli reports to the CITY as may be required by sticli
bodies iii their compliatice witb regitlations governing tbe
execution of tlie commtiiiity Development Program.
C. Ensure that all expenditures of funds are made pursuant
to approved budgets.
6. Acc UntS and Acc ta li The VBCDC agrees to
maintain adeqtiate books and records relating to the receipt,
expendittire and retention of all funds received under this
Contract. The VBCDC agrees to submit semi-aiiiiual performance
reports of the activities tindertaken under this Contract and. to
provide moiitbly finajicial reports of all receipts and disbursements
for review by the CITY. Tb--- VBCDC sliall permit the CITY, or their
duly autliorized representatives, to audit, inspect, examine and
make excerpts or copies of and from all of its books, accounts,
records, files and otlier papei:s relating to tlie work performed by
the VBCDC under tliis Contract.
3
7 . ar I el:m -- ThiS Contract is
subject to and incorporates by reference herein all the provisions
of Part II -- Terms and C'onditions, wliich is attached hereto aiid
made a part of liereof.
IN WITNESS WliEREOF the parties liere caused this contract to
be executed by the sigiiatures of tlie respective chief executive
officers, as duly authoi7ized.
CITY OF VIRGINIA BEACH VIRGINIA BEACII COMMUNITY
DEVELOPMENT CORPORATION
By: By:
Aubrey V. Watts, Jr. cliarle@ Jr.
city Manager President
Date: Date:
Attest: Date:
Ruth liodges
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
I, I a Notary Public in and for the City
and state aforesaid, do hereby certify that Cliarles M. Reynolds,
Jr., Presideiit, Virginia Beacli community Development Corporation,
wbose name as such is signed to tlie forgoing Contract, bearing date
of the _ day of , 1990 lias acknowledged tlle same
before me in my City and state aforesaid.
Giveii under my haild this _day of 1990.
Notary Ptiblic
My Commission Expires:
Approved as to contents: Maryann I. U,,tick, Director a@te
Housing and Neighborhood Pres.
Approved as to legal form:
City Attorney Date
Approved as to fund
availability Finaiice Date
4
PART II -- TERMS AND CONDITIONS TO THE CONTRACT
BETWEEN THE CITY OF VIRGINIA BEACH AND
THE VIRGINIA BEACII COMMUNITY DEVELOPMENT CORPORATION
DATED: 1990
I. IONS
The following terms are defitied as to their tisage in the
Contract:
A. "Cl-TY, -- Wherever the word "CITY" appears, it sliall mean
the local government of the City of Virginia Beach, as represented
by its City Manager or his designee. specifically, the principal
city agency responsible for the admillistration of this Contract is
the Department of Housing and Neigliborhood Preservation.
B. IVBCDC' -- Wherever IIVBCDC,, appears, it shall mean
Virginia Beacli Community Development Corporation, located at 397
Little Neck Road, virginia Beach, Virginia, represented by its
chairman of the Board of Directors.
C. IICO_MPOSITION' -- The Board shall be composed of eleven
(11) directors who shall be appointed by the City Colincil of tbe
City of Virgiiiia Beach. Tlie Board shall serve until tlieir
appointed terms expire. No director may serve more ttian teli (10)
successive years.
II. INDEMNIFICATION AND-INAURA (@-E
A. Every person now or liereafter a director or officer of
tlle corporation (and his/her heirs, executors, and administrators)
shall be indemnified by the corporation against all costs and
expenses, including all attoriiey's fees, imposed upon or reasonably
incurred by him/her in connection with or resultiiig from any
action, suit, proceeding, or claim to which he/she is or may be
made a party by reason of his/ber beiiig or having beeii a director
or officer of the corporation (wliether or not a director or officer
at tlie time stich costs or expenses are incurred by or imposed upoii
him/her) except in relation to matters as of which he/she shall
liave finally been adjudged iii sucli action, suit, or proceeding to
be liable for gross negligence or willful misconduct in tlie
performance of Iiis/her dtities as sucli director or officer. sucti
right of indemnification sliall not be deemed exclusive or any right
5
to which he may be entitled under any other bylaw, agreement, or
otherwise.
B. Ation -- it is understood and
agreed that VBCDC hereby assumes the entire responsibility and
liability for any and all damages to persons or property caused by
or resulting from or arising out of any act or omission on the part
of the Contract, its subcontractors, agents or employees under or
in connection witli the Contract or the performance or failure to
perform any work required by this Contract. The VBCDC shall save
harmless and indemnj.fy the CITY and its agents, volunteers,
servants, employees and officers from aild against any and all
claims losses or expenses, including but not limited to attorney's
fees, which either or both of them may suffer, pay or incur as the
result of claims or suits due to, arising out of or in connection
with any aiid all such damage, real or alleged, and the VBCDC shall,
tipon written demand by the CITY assume and defend at the VBCDC's
sole expense any aiid all such suits or defense of claims.
C. The VBCDC assumes responsibility for ensuring that all
grants comply with all guidelines aild regulations that are attached
tliereto. in the event that any grant moiiies are required to be
returned to the granting authority, tlie VBCDC agrees to make
restitution to the CITY in the full amount of the required refuild.
The VBCDC further agrees to defend and save harmless the CITY from
any and all claims arising out of the VBCDC's performance under
this Contract.
D. The VBCDC agrees to seclire and Tnaintain in effect at all
times during the period tliis Contract is in effect, compreliensive
general liability insurance at limits not less than one Million
Dollars ($1,000,000.00), and employers disholiesty bond at limits
not less thaii one million Dollars ($1,000,000.00). Such insurance
sliall be written by companies autliorized to do business in the
Commonwealtb of Virginia acceptable to tbe CITY and the limits of
said insurance shall not be less than one Million Dollars
($1,000,000.00) and shall on all occasions be equal to or greater
tlian the amOLint of the grant monies appropriated to the VBCDC by
6
the CITY. Proof of instirance shall be submitted to the CITY prior
to beginning work under the C'ontract and shall be maintained in
full force aiid effect during tlie entire term of the Contract.
III. GWRERSHI E' I)oCUMENT!3
It is understood atid agreed by alid between the parties liereto
that all reports, st.udies, calctilations, memoranda, estimates,
comptitations, etc. prod@iced by tlie VBCDC iii the execution of tl)is
contract shall become and remain the property of the CITY upon
termination of tliis contract or comp).etion of tbe work, and tile
CITY sball have the right to i-ise same for any public purpose
without compensatioii to tlie VBCDC' otlier tlian as liereinafter
provided.
Tlie VBCDC hereby graiits access to any dtily authorized
representative from tlie C!lTy, froin the comptroller General of tbe
united States, from tlie U.S. Department of liousing and Urbail
Development, or any other relevai)t federal. agency, to the records
and documents pertaining to this Contract wllich are iii their
possessioii or iiiider tlieir coiitrol. sucli access sliall be for tlle
express purpose of making audit, examination, excerpts and
transcriptions thereof.
The VBCDC shall pre-serve and maititaiii all contract records and
documents for at least tliree (3) years after the CITY makes final
payment of this contract, after all pending matters under tliis
contract are closed.
IV. CONTRACT
A. D@r tioll -- All servi.ces ideiitified in Part I of this
contract shall upon approval by city Couilcil and the availability
of funds be renewed on or before July 1st of each program year.
B. on-A ro r.allign -- Availability of Funds. It is
understood and agreed between the parties herein that the CITY
sliall be bound liereuiider only to the extetit that funds shall have
been appropriated and bildgeted or are otherwise availabl.e for the
purpose of tliis Contract. Iii the event no funds or insufficient
fuiids are appropriated aiid budgeted or are otherwise available by
any means whatsoever in any fiscal period for payments due uiider
7
shall immediately notify the VBCDC Of
this Contract, then the C.ITY
such occurrence and this Contract sliall terminate on the last day
of the fiscal Period for which appropriations were received without
penalty or expense to the CITY of any kind whatsoever.
C. -- The VBCDC shall not subcontract or
otherwise assign any of the services Covered in Part I wliich are
fuiided bY CDBG funds, witholit prior written approval by the CITY.
Any approved sLibcolitracting artivities will comply witb applicable
business opportunity standards for federally-assisted contracts.
V. PROGRAM ATIC REVIEWS
The CITY sliall review aiid evaluate the content, quality, and
progress of the program outlined in tliis document. This will be
accomplished by monitori.ng tile books, accounts and records of the
VBCDC to assure that ftinds are spent in the manner prescribed in
this Contract. on-site monitoring will occtir at least once during
the Contract Perioe, or whenever deemed necessary to assure tliat
funds are spent in tlie manner pres@jcibed in this contract. A
formal letter will be forwarded to tlie VBCDC inforring tbem of the
monitoring results in carrying out CDBG funded activities. As a
result of sucli reviews and evaluations, the CITY may require ill
writing that the scope of services be revised. The VBCDC will
acknowledge sucli cbange(s) and iiidicate liow the change(s) is (are)
being implemented.
vi.
The VBCDC shall meet tlie following conditions on any and all
records and doctiments pertainiiig to this Contract.
A. Acc-ess: The VBCDC liereby grants access to any dtily
autborized representative from tlie CITY, from tbe comptroller
General of the united States, from the U.S. Department of Housiiig
and Urbati Developmeilt aiid any otlier relevaiit Federal agency, to tlie
8
records and documents pertaiiiing to tlle contract which are in their
possessioll or undey tlieir coiitrol. Such access shall be for tlie
express purpose of making audit, examination, excerpts aiid
transcriptions tliereof.
B, Mai-iiteiiai-ice: lillie VBCDC sliall preserve and Maintaiii all
Contract records and cloctiments fc)r at least three (3) years after
the CITY makes fiiial paymeiit of this Con.tl:act, after all pendiiicj
matters utider tliis contract are closed, or after the time frame
stated above, whichever is later.
VII. RULE-S AN REGULATIONS
All tlie rtiles and regulations promtilgated piirsuaiit to aiid
otlierwise applicable to the Conimtinity Development Act of 1980 (P.I,-
96-99), as amended aiid including, but not limited to tlie following:
A. All the rules and regulations of Section 109, Title I of
the Hotisiiig and comintinity Development Act of 1974 are applicable
to this Contract, including the following clause: "No person in
the Uiiited States sliall on tl)e, grolind of race, color, liational
origiii or sex be excluded from participation in, be deilied tlie
I)eiiefits of, or be stibjected t@o discrimiiiation uiider any program
or activity futided in wliole or iii part with ftinds available tinder
this title".
B. Copelaiid "Anti-Kickback" Act (18 USC 874) as stipplemp-nted
iii Department of Labor regitlations ( 29 CFR, Part 3) . Tliis Act
provides that each coiitractor or subgrantee shall be probibited
from inducing by aiiy rneans , aiiy person employed in tile
construction, completion, or repair of public work, to give up any
part of the compensation to wliicli they are otlierwise entitled.
C. Title VI of the Civil Rigbts Act of 1964 as amended. The
VBCDC is to practice iiondiscrimiiiation in any Contract activity
fuiided in whole or part by any Federal agency. Also, E.O. 11246, -
Equal Employment opportunity as ameilded. Additioiially, E.O.
11625, 12432 and 12138. Tlie VBCDC sliotild make efforts to encourage
the use of minority and womeii's busiiiess eilterprises.
D. Section 504 of the Reliabi-litation Act of 1973, as ametided
aiid Presidential Exectitive order 11914 of 1974, as amended. The
9
VBCDC is to practice lioildiscrimination on the basis of handicapped
statits in employment or btisiiip-ss affairs resulting from Federal or
federally assisted contractors.
E. Certification of Nonsegregation Facilities. The
c.ertification provides tliat tlie VBCDC does iiot maintain ()r provide
for Iii.s employees facilities wbicli are. segregated on tlie basis of
race, creed, color, or national origin, whether such facilities are
segregated by directive or on a de facto basis. The certificatioii
also provides tbat he/she will iiot maintain such segregated
facilities.
F. Certification of the Drtlg-Free Workplace Act of 1988 (23
CFR rart 24, Section 24 .615 and 24 .620) . Tlie VBCDC certifies tliat,
as a coiidition of tliis graiit, tlie VBC'DC will iiot eiigage in the
unlawful manufactitre, distriblition, dispeiisiiig, possession or use
of a coiitrolled substance in conducting any activity with this
grant.
G. Certification of tlie Fair liousiiig Act (42 U.S.C. 3600-
3620) and 24CFR Part 104. Tlie VBCDC is to affirmatively furtlier
fair housiiig, Title VIII of the Civil Riglits Act of 1968, as
ameiided by tlie Fair flousiiig Amendmeiits Act of 1988. No person
shall be subjected to discrimination because of race, color,
rp-ligion, sex, haiidicap, familial status, or iiational origin in the
sale, rental, or advertising of dwellings, in the provision of
brokerage services, or the availability of residential real estate
- related transactions.
H. Religious Activity: Tlie VBCDC shall not use CDBG funds
for religious activities or provide CDBG fuiids to primarily
religiotis entities for any activities, incliiding secular activities
unless expressly allowed under applicable rules and regillations to
the Community Developmelit-I Act of 1980, as amended.
I. The City's Grant Coiitract with the U.S. Department of
tiousing and Urban Development for the Community Developmeilt Block
Graiit Program sliall take precedeiice over aiiy conflicting conditions
in tliis Coiitract.
10
j Venue: Any and all uits for claims or for any evel7Y
out of this Contract shall be maintained
breach or dispute arising
in the appropriate court of competent jurisdiction in the CitY Of
virginia Beach.
viII. ENVIRONMENTAL REVIEW
The CITY will meet any environmettal impact, protection, or
review responsibilities entrusted under the National Environment
policy Act of 1969 (Public Law 1-190) and the regulations issued
pursuant thereto.
IX. TERMINATION WITHOUT CAUSE
The CITY may at any time, and for any reason, terminate this
contract by written notice to the VBCDC specifying the termination
date, which shall be not less than thirty (30) days from the date
such notice is mailed.
X. T RMINATION
The CITY and the VBCDC hereby agree to the following
conditions, processes, and rights pertaining to termiliation of this
contract:
A. For Cause -- The CITY rptains the right to terminate this
contract for cause as determined through standard contract
administration principles and as provided bY law.
B. -- if the VBCDC fails to comply with the
rules and regulations referenced iii Section VI, the CITY reserves
the right to terminate this contract after a reasonable attempt to
secure compliance.
C. Notification -- if this contract is terminated, the CITY
shall immediately notify the VBCDC in wri'ting- Such notice will
include the effective date, the time, the reason(s) for the action
and the identity of a contact person with whom to close out any
pending matters.
D. ttlement Com nsation -- The CITY shall compensate the
VBCDC only for services rendered up tc) the date and time of the
termination and accepted by the CITY as SatisfactorY- such
compensation shall be paid when all pending matters from the
contract are closed out. Any equipment costing more than one
11
Thousand Dollars ($1,000-00) shall be used solely for carrying out
the provisions in this Contract. iii the event of the termination
of this Contract for cause, all such equipment shall become the
property of the CITY and all fttiids appropriated by CITY tc, the
VBCDc are to be returned to the CITY.
E. R -- Upon the VBCDC expiration, the
VBCDC shall transfer to the CITY any CDBG funds oti hand at the time
of expiration and any accounts receivable attributable to the use
of CDBG funds. Any real property kinder the VBCDC control that was
acquired or improved in whole or in part with CDBG funds in excess
of $5,000 shall adbere to tlie following conditions:
1. used to meet one of the national objectives of the
Housing and Community Development Act of 1974, as
amended, uiitil five years after expiration of the
Contract; or
2. in case the property disposition takes place during the
five year period following the expiration of the
contract, the VBCDC is required to reimburse the CITY in
an amount that is equal to the current fair market value
of the property minus any value attributable to non-CDBG
funds that were involved in the acquisition or
improvement of the property.
XI. ONFLICT OF INTEREAT
In the procurement of supplies, equipment, construction and
services, the provisions of Section 570.611 of Title 24 Code of
Federal Regulations and the State and Local Goverliment Conflict of
Interests Act contained iii Chapter 40.1 of Title 2.1 of the Code
of Virginia shall apply. such cases include the acquisition and
disposition of real property aiid the provision of assistance by the
recipient or by its subrecipients to individuals, businesses, alid
other private entities under eligible activities which authorize
such assistance. No member of the governing body of the CITY or
other officer, employee, or agent of the CITY who exercises any
functions or respoiisibilities in coiinection with the review,
approval, or execution of the Community Development Block Grant
12
Program shall have any personal intere,t, direct or indirect, in
this contract. The members of the VBCDC and the Executive Director
agree that they will voluntarily comply with the State and Local
Government conflict of interests Act and any disclosure
requirements the CITY of virginia Beach may designate by ordinance
pursuant to section 2.1-639.14 (a) of the Code of Virginia.
Xii.
During the performance of this contract, the VBCDC agrees as
follows:
A. The VBCDC shall not discriminate against any employee or
applicant for employment because of race, color, religioll, sex,
handicap, familial status or national origin. The VBCDC shall take
affirmative action to eilsure that applicants are employed and that
employees are treated during employment without regard to their
race, color, religion, sex, liandicap, familia status, or national
origin. such action shall include, but not be limited to , the
following: employment, upgrading, demotion, or transfer;
recruitment or recrllitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The VBCDC agrees to Post in
conspicuous places, available to employees and applicants for
employment, notices to be provided by the CITY setting forth the
provisions of this nondiscrimination clause.
B. The VBCDC shall in all solicitations or advertisements
for employees placed by or on behalf of the VBCDC, state that all
qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, handicap, familial
status or national origin.
C. The VBCDC shall cause the foregoing provisions to be
inserted in all subcontracts for any work covered by this Contract
so that such provisions shall be binding upon each subcontractor,
provided that the foregoing provisions shall not apply tO contracts
or subcontracts for standard commercial supplies or raw materials.
13
xiii - @l
Insofar as they are applicable to the activities performed bY
the VBCDC under this contract, the VBCDC agrees to comply with the
minimum wage and maximum hour provision, of the Fair Labor
standards Act (29 USC 201 se ), the Davis-Bacon Act (40 USC
276A to 276A-7), the Contract Work Hours and safety standards Act
(40 usc 327-330), and the regulations implementing said acts set
out in 29 CFR Part 5.
Xjv. COMPLIANCE WITH LOCAL LAWS
The VBCDC agrees in the performance of this Contract to COMPLY
with all applicable laws and ordinances of the State of Virginia
and the CITY of Virginia Beach.
xV. SUBCONTRACTING
The VBCDC agrees that none of the services covered bY this
Contract shall be subcontracted without the prior written consent
of the CITY, provided, however, that services required in the day-
to-day course of business are not contemplated as those referred
to in this paragraph. in the event tliat VBCDC shall, witli the
approval of the CITY, coiitract for construction work in connection
with the execution of this contract, it agrees to insert in each
subcontract appropriate provisions requiring compliance with tbe
labor standard provisions set out above.
XVI. ASSIGNABILITY
The VBCDC agrees not to assign any interest in this Contract
without the prior written approval of the CITY.
xvii. COMPENSATION
The CITY and the VBCDC agree to the following terms relating
to compensation tinder the Contract: The total sum of all payments
made by the CITY to the VBCDC for services tinder this Contract are
not to exceed one Hundred and Forty-one Thousand Seven Hundred and
Fifty Dollars ($141,750.00) for program year 1990-1991. This sum
shall constitute the compensatioii for the service identified herein
and rendered to the CITY.
14
XVIII. ci
In any case where the VBCDC believes extra compensation is due
for work and services not clearly covered by this Contract or
supplement thereto, the VBCDC sliall promptly notify the CITY in
writing of their intention to make claim for such extra
compensation before they begin the work or provide the services on
which they base their claim.
if such notification is not given, no claim for such extra
compensation will be considered. Such notice by the VBCDC shall
not, in any way, be construed as proving the validity of the claim.
The claim must be approved by the CITY. In case the claim is found
to be just, it shall be allowed and paid for as extra work in
accordance with the terms of a supplemental contract entered into
before such work is started. This in no way applies to funds
received from sources other than the CITY.
XIX. METHOD OF PAYMENT
The CITY shall pay the VBCDC upon receipt of an invoice
ideiitifying the services for which payment is sought and detailing
the actual expenditures incurred except that the first payment
shall be ail advance payment, hereinafter referred to as the
"Advance Payment." The Advance Payment shall detail the
expenditures expected to be incurred for the moiith following
receipt of the Advance payment. The Advance Payment shall be in
accordance with and approved budget which shall be made a part of
this Contract. subsequent payments shall be made upon receipt of
and accounting of tlie use of the Advance Payment, accompanied by
a requisition for payment upon which the VBCDC shall identify and
certify the services completed and stating that it is due the
funds.
xx.
All program income received by the VBCDC must be transmitted
to the City of Virginia Beach Finance Department on a monthly
basis. The VBCDC will make a written determination of the amount
of program inr-ome received each month and provide that
determination, along with a clieck for the amount of such iiicome,
15
if any, to the City of Virginia Beach Finance Department no later
than twenty-five (25) days after the end of each month. The
determination of program iiicome is subject to the written
definition provided to the VBCDC by the City of Virginia Beach
Department of Housing and Neighborhood Preservation, which is
attached hereto and incorporated by reference.
XXI. UNEXPENDED FUNDS
All funds paid by the CITY to the VBCDC hereunder which remain
unobligated as of the end of this Contract or at the end of any
extension thereof shall be returned to the CITY.
XXII. CONTRACT ENTIRETY
This C'ontract is complete in itself and forms the entire
Contract between the CITY and the VBCDC. No changes, alterations
or amendments to tliis Contract may be made by either party without
the express written consent or acceptance of the otber party.
XXIII. COUNTERPARTS
This Contract shall be executed in three (3) counterparts,
each of wliich shall be deemed to be an original Contract. One
counterpart shall be given to the VBCDC and the remaining two (2)
counterparts shall be retained by the CITY.
16
- 26 -
i tem H. 3a.
CONSENT AGENDA ITEM # 33325
Upon motion by Councilman Heischober, seconded by Councllman Baum, City Council
ADOPTED upon SECOND READING:
ordinance to APPROPRIATE $53,887 re tour
additional positions in the Sheriff's Offlce for FY
1990-1991.
Votlng: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyer a E. Oberndorf, Nancy K. Parker and WIIIlam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
I
44
I I
I
L , @4@
- 26 -
Item H.3a.
CONSENT AGENDA ITEM # 33325
Upon motion by Councilman Heischober, seconded by Councilman Baum, City Council
ADOPTED upon SECOND READING:
ordinance to AFPROPRIATE $53,887 re four
additional positions In the Sheriffts Office for FY
1990-1991.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and WIIIlam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McCianan
AN ORDINANCE TO APPROPRIATE $53,887
2 TO FUND FOUR ADDITIONAL POSITIONS
3 IN THE SliERIFF'S OFFICE FOR FY 90-91
4 WHEREAS, the Compensation Board of th'a Commonw,,Ith is aw,r, of the
5 staffing shortage presently being experienced at the Virginia Beach Correction
6 Center;
7 WHEREAS, the Compensation Board has approved two Secretary I's and two
8 General Office Clerk positions;
9 WHERFAS, the total operating costs of the four positions, effective August
10 22, 1990, is estimated at $59,823 of which $53,887 will be funded by increasing
11 estimated revenue from the Commonwealth and $5,936 by the city;
12 WHEREAS, the city cost of $5,936 will be covered with existing funds from
13 within the FY 90-91 Sheriff's Operating Budget;
14 NOW, THEREFORE, BE IT ORDAINED BV THE COUNCIL OF THE CITY OF VIRGINIA
15 BEACH, VIRGINIA, that funds in the amount of $53,887 are hereby appropriated to
16 the Sheriff's Office to finance two additional Secretary I's and two additional
17 General Office Clerk positions.
18 BE IT FURTHER ORDAINED that estimated revenues from the Commonwealth be
19 increased by $53,887.
20 Adopted by the Council of the City of Virginia Beach, Virginia, this
21 21 day of ugust 1990.
22 This ordinance shall be in effect from the date of its adoption.
23 First Reading: August 14,1990
24 Second Reading: August 21, 1990
- 27 -
Item H.3b.
CONSENT AGENDA ITEM # 33326
Upon motion by Councilman Heischober, seconded by Councilman Baum, City Council
ADOPTED upon SECOND READING:
Ordinance to ACCEPT and APFIROPRIATE $16,924 in
State Grant Funds to the FY 1990-1991 Operating
Budget of the Library Department for a part-time
Library Technician and a large-print photocopier to
accommodate the Subregional Library for the Blind
and Visually Handicapped.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and Wil liam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $16,924
2 IN STATE GRANT FUNDS TO THE PY 90-91 OPERATING
3 BUDGET OF THE LIBRARY DEPARTMENT
4 WHEREAS, the Virginia Library Services and Construction
5 Act, Title I, provides the opportunity for additional state
6 funding for certain programs by means of special grants;
7 WHEREAS, the state has accepted the application and
8 approved grant funding for the Library Department's program
9 under the Subregional Library For The Blind And Visually
10 Handicapped Grant totaling $16,924 to fund a part-time visually
11 handicapped Library Technician and a large-print photocopier.
12 WHEREAS, the part-time position shall continue as long as
13 grant funds are available, and the City is under no obligation
14 to continue this position once grant funds expire.
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
16 OF VIRGINIA BEACH, VIRGINIA, that $16,924 made available from
17 the subregional Library For The Blind And Visually Handicapped
is Grant be accepted and appropriated to the FY 90-91 Operating
19 Budget of the Library Department to fund a part-time Library
20 Technician and a large-print photocopier.
21 This ordinance shall be in effect from the date of its
22 adoption.
23 Adopted this 21 day of August 1990, by the Council
24 of the City of Virginia Beach, virginia.
25 First reading: August 14, 1990
26 Second reading: August 21, 1920
- 28 -
Item H.3c.
CONSENT AGENDA ITEM # 33327
Upon motion by Councilman Heischober, seconded by Councilman Baum, City Council
ADOPTED upon SECOND READING:
ordinance to ACCEPT and APPROPRIATE $13,583 from
the State Department for Children, Consortium on
Child Mental Health to the Mental Health/Mental
Retardation/Substance Abuse Special Revenue Fund re
Child Day Treatment Program.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS IN THE AMOUNT OF $13,583 FROM THE STATE
3 DEPARTMENT FOR CHIIJ)REN, CONSORTIUM ON
4 CHILD MENTAL HEALTH
5
6 WHEREAS, the Department of Mental Health/Mental/Retardation/ Substance
7 Abuse (MH/MR/SA) received a grant in FY89/90 from the State Department for
8 Children, Consortium for Child Mental Health (the Consortium) to provide day
9 treatment services in cooperation with the Virginia Beach School System;
10 WHERFAS, these grant funds have been used to provide services to
11 seriously emotionally disturbed youth in the Child Day Treatment Program
12 located at two Virginia Beach Schools;
13 WHEREAS, MH/MR/SA has applied to the Consortium for a continuation of
14 the grant and received notice of funding in the amount $13,583 to continue the
15 grant services through November 30, 1990;
16 WHEREAS, these funds are used to purchase consulting clinical staff to
17 provide services and do not involve the addition of any positions to MH/MR/SA;
18 WHEREAS, these funds do not require any city funds as a match;
19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21 That funds in the amount of $13,583 from the State Department for
22 Children, Consortium on Child Mental Healtb be accepted and appropriated to the
23 Mental Health/Mental Retardation/Substance Abuse Special Revenue Fund and that
24 revenue from the state goverriment be increased by $13,583.
25 This ordinance sball be in effect from the date of its adoption.
26 Adopted by the Council of the City of Virginia Beach, Virginia on the
27 21 day of August 1990.
28 First Readinz August 14, 1990
29 Second Reading August 21, 1990
- 29 -
Item H.4.a.
CONSENT AGENDA ITEM # 33328
Upon mot i on by Counc i I man He I schober, seconded by Councilman Baum, City
Council APPROVED upon FIRST READING:
Ordinance to ACCEPT and APPROPRIATE $129,296 In
SHARE Intervention Program funds; authorize the
City Manager to execute a grant agreement with the
State Department of Housing and Communlty
Development; and, further, execute a contract with
the Planning Council to administer such funds.
Voting: 10-0
Councll Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McCianan
ORDINANCE TO ACCEPT AND APPROPRIATZ @129,296 IN SHARE - HOMELESS
INTERVENTION FUNDS AND TO AUTHORIZE THE CITY MANAGER TO
EXECUTE A GRANT AGREEMENT AND TO SUBCONTRACT
THE ADMINISTRATION OF SUCH FUNDS
WHEREAS, the Commonwealth of Virginia Department of Housing and
Community Development has notified the City of an award of $129,296
in SHARE - Romeless Intervention Program funds, and
WHEREAS, assistance is needed to effectively and adequately
address the housing needs of homeless Dersons and to help prevent
homelessness in the Cdty of Virginia Beach; and
WHEREAS, the Department of Housing and Neighborhood
Preservation has negotiated a contract with the Planning Council,
Inc., to carry out the program for which funds are appropriated, and
WHEREAS, Aubrey V. Watts, Jr., City Manager can act on behalf
of the City of Virginia Beach and will execute all necessary
documents required to complete the grant transaction,
NOW, THEREFORE, BE IT ORDAINED THAT the Council of the City of
Virginia Beach, Virginia hereby aDproDriates $129,296 for the
purposes of carrying out a Homeless Intervention Program and
increases revenue from the Commonwealth in that amount;
AND BE IT FURTHER ORDAINED that the City Manager is authorized
to accept the grant and enter into a Grant Agreement with the State
Department of Housing and Community Development and perform any and
all responsibilities in relation to such Agreement; and is further
authorized to execute a contract with the Planning Council to
administer such funds.
Adopted by Council this ____ day of 1990.
APPROVED AS TO CONTENTS:
r
Nelakiborhood Preservation
APPROVED AS TO FORM:
FIRST READING:. August 21, 1990
- 30 -
Item H.4.b.
CONSENT AGENDA ITEM # 33329
Upon motion by Councilman Heischober, seconded by Councilman Baum, City Council
APPROVED upon FIRST READING:
Ordinance to ACCEPT and APPROPRIATE $75,142 in
donations from private sources and the Commonwealth
of Virginia for program support of the Virginia
Beach court Appointed Special Advocate (CASA)
Program.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McCianan
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $75,142
2 IN DONATIONS FROM PRIVATE SOURCES AND THE
3 COMMONWEALTH OF VIRGINIA FOR THE PROGRAM SUPPORT OF THE
4 VIRGINIA BEACH COURT APPOINTED SPECIAL ADVOCATE PROGRAM
5 WHEREAS, the Virginia Beach Court Appointed Special Advocate (CASA)
6 Program, which was begun as a pilot program, has proven to be an important
7 component of juvenile services for certain abused children and their families;
8 WHEREAS, the judges of the Virginia Beach Juvenile and Domestic Relations
9 Court have encouraged continuation of this program and staff has pursued various
10 grants to ensure program continuation;
11 WHEREAS, a grant commitment of up to $30,142 has been provided by the
12 Victims of Crime Act (VOCA) through the Commonwealth's Department of Social
13 Services for use in compensating program staff in providing non-fund raising
14 service with the local match required by the VOCA grant to be provided through
15 the use of other grants received for the CASA program;
16 WHEREAS, other grant commitments in the amounts of: $10,000 from Gwathmey
.17 Foundation, $10,000 from the Wareheim Foundation, and $25,000 from the Virginia
18 Law Foundation have been received for the CASA program.
19 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
20 BEACH, VIRGINIA, that grants totaling $75,142 from the Comnonwealth and private
21 foundations as noted below be accepted and appropriated for the program support
22 of the Virginia Beach Court Appointed Special Advocate Program:
23 Commonwealth's Victims of Crime Act $ 30,142
24 Gwathmey Foundation 10,000
25 Wareheim Foundation 10,000
26 Virginia Law Foundation 25,000
27 TOTAL $ 75,142
28 BE IT FURTHER ORDAINED, that Estimated revenue from the Commonwealth and
29 from private donations be increased by a total of $75,142.
30 This Ordinance shall be effective from the date of its adoption.
31 Adopted by the Council of the City of Virginia Beacb, Virginia on
32 day of , 1990.
33 First Reading Alugust 21, 1990
34 Second Reading
- 31 -
Item H.5.a-
CONSENT AGENDA ITEM # 33330
Upon motion by Councilman Heischober, seconded by Councilman Baum, City Council
ADOPTED:
Ordinance to TRANSFER $287,564 within the FY 1989-
1990 Operating Budget re anticipated deficits in
Correctional Operations, Solid Waste Disposal, and
EMS/operations.
Voting: 10-0
Council Member5 Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McCianan
1 AN ORDINANCE TO TRANSFER $287,564 WITHIN THE FY 1989-90
2 OPERATING BUDGET TO COVER THE ANTICIPATED DEFICITS IN
3 CORRECTIONAL OPERATIONS, SOLID WASTE DISPOSAL, AND EMS/OPERATIONS
4 WHEREAS, the City Council has adopted a budget ordinance requiring that
5 all budget units not exceed annual appropriations for any fiscal year;
6 WHEREAS, the following budget units for Fiscal Year 1989-90 have exceeded
7 annual appropriations by the following amounts: Correctional Operations -
8 $45,326; Solid Waste Disposal - $203,722; and EMS/Operations - $38,516.
9 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA that $287,564 be transferred within the FY 1989-90 Operating
11 Budget to cover the deficits in the above listed budget units.
12 This ordinance shall be effective from the day of its adoption.
13 Adopted on this day August 21 1990.
- 32 -
I tem H. 5. b.
CONSENT AGENDA ITEM # 33331
Upon motion by Councilman Heischober, seconded by Councilman Baum, City Council
ADOPTED:
ordinance to TRANSFER $283,625 within the Fire
Progr&ns Fund re completion of planning and
construction of support components of the Fire
Training Center and purchase a microcomputer
network.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
I AN ORDINANCE TO TRANSFER $283,625 WITHIN THE
2 FIRE PROGRAMS FUND FOR VARIOUS PROJECTS APPROVED
3 IN THE FY 1990-1991 OPERATING BUDGET
4
5
6
7 WHEREAS, the State of Virginia Fire Programs Fund provides funds to
8 localities to assist in purchase or construction of fire training equipment
9 and facilities,
10
11 WHEREAS, the FY 1990-1991 Approved Operating Budget of the City of
12 Virginia Beach appropriated anticipated revenue from the State Fire Program
13 Fund to pay planning and construction costs of support components of the
14 Virginia Beach Fire Training Center, and to purchase of a microcomputer
15 network for the Fire Training Center,
16
17 WHEREAS, at the time of budget approval, exact estimates of r--source
18 needs for these projects was not fully determined,
19
20 WHEREAS, cost estimates for the above mentioned projects are now
21 complete,
22
23 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
24 BEACH, VIRGINIA, that funds in the amount of $283,625 be transferred within
25 the Fire Programs Fund to pay for completion of the planning and construction
26 of support components of the Fire Training Center, and to purchase a
27 microcomputer network for the Fire Training Center.
28
29 This ordinance shall be effective from the date of its adoption.
30
31 Adopted by the Council of the City of Virginia Beach, Virginia on the
32 21st day of August, 1990.
33
- 33 -
I tem H. 6.
CONSENT AGENDA ITEM # 33332
Upon motion by Councilman Heischober, seconded by Councilman Baum, City Council
APPROVED:
LOW BID:
CONTRACTORS PAVING CO., INC.
1990-1991 Various Roads Contract
$335,790
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Obern dorf , Nancy K. Parker an d W I I I i am D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McCianan
- 33 -
Item H. 6.
CONSENT AGENDA ITEM # 33332
Upon motion by Councilman Heischober, seconded by Councilman Baum, City Council
APPROVED:
LOW BID:
CONTRACTORS PAVING CO., INC.
1990-1991 Various Roads Contract
$335,790
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 34 -
Item V-I.
PUBLIC HEARING ITEM # 33333
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
(a) HOWARD AND JANE SAWYER CONDITIONAL USE PERMIT
(b) VITA AMUSEMENT CORPORATION CONDITIONAL USE PERMIT
(c) BATTLEFIELD ASSOCIATES CONDITIONAL USE PERMIT
(d) "RACK-EM" FAMILY BILLARDS CONDITIONAL USE PERMIT
(e)l. CHARLES E. FALK, SR. STREET CLOSURE
2. CHARLES E. AND KATHRYN L. FALK CONDITIONAL USE PERMIT
(f) CITY OF VIRGINIA BEACH, DEPARTMENT OF
PUBLIC UTILITIES CONDITIONAL USE PERMIT
(g) CHESAPEAKE BAY PRESERVATION AREA REGULATIONS
CITY CODE AMENDMENTS Appendix A, Sec. 101,
102, Ill and 200 of CZO
Appendix B, Sec. 3.2,
3.3, 4.1, 4.2, 4.5,
5.10, 6.1 and 6.3 of the
Subdivision Ordinance.
Appendix C, Sec. 2, 3,
4, 5 and 7 of the Site
Plan Ordinances
ADDING Appendix F to be
known as Chesapeake Bay
Preservation Area Ordi-
nance
Sec. 30-78 re erosion
and sediment control and
tree protection.
h. CITY ZONING ORDINANCE:
1. Resolution in accordance with Replacement of certain
Sec. 102(b) (3) official zoning maps
2. Article 4, Section 401(a) Use regulations for
repair of agricultural
equipment AG-l/AG-2
35 -
Item V-I.I.a.
PUBLIC HEARING
PLANNING TTEM # 33334
Howard Sawyer, the applicant, represented himself.
Upon motion by Councilman Lanteigne, seconded by Councilman Sessoms, City
Council ADOPTED an Ordinance upon application of HOWARD AND JANE SAWYER for A
CONDITIONAL USE PERMIT:
ORDINANCE UPON APPLICATION OF HOWARD AND JANE
SAWYER FOR A CONDITIONAL USE PERMIT FOR REPATR OF
AGRTCULTURAL EQUIPMENT R08901325
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGTNIA BEACH, VIRGINIA
Ordinance upon application of Howard and Jane
Sawyer for a Conditional Use Permit for repair of
agricultural equipment on the west side of Morris
Neck Road, 400 feet more or less south of Campbells
Landing Road. The parcel is located at 5417 @forris
Neck Road and contains 31,798.8 square feet. More
detailed information is available in the Department
of Planning. PUNGO BOROUGH.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
first of August, Nineteen Hundred and Ninety.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
Nancy K. Parker
Council Members Absent:
Reba S. McClanan
36 -
item V-I.I.b.
PUBLIC HEARING
PLANNING ITEM # 33335
Attorney John W. Richardson, Stal I lngs and Richardson, Beach Tower Suite 500,
3330 Pacific Avenue, P.O. Box 1687, Phone: 422-4700, represented the applicant
Upon motion by Councilman Brazier, seconded by Councilman Sessoms, City Council
ADOPTED an Ordinance upon app] ication of VITA AMUSEMENT CORPORATION for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF VITA AMUSEMENT
CORPORATION FOR A CONDITIONAL USE PERMIT FOR A
COMMERCIAL RECREATIONAL FACILITY R08901326
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Vita Amusement
Corporation for a Conditional Use Permit for a
commercial recreational facility (table top arcade)
on the north side of Virginia Beach Boulevard, 300
feet more or less east of North Great Neck Road.
The parcel Is located on Lots 4, 5 and 6, London
Bridge Park and contains 2300 square feet.
LYNNHAVEN BOROUGH.
The following condition shall be required:
1. A Board of Zoning Appeals Variance for parking Ta
be required.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
first of August, Nineteen Hundred and Ninety.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndort, Nancy K. Parker and Wililam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 37 -
Item V-I.I.C-
PUBLIC HF-ARING
PLANNING ITEM # 33336
The following spoke in SUPPORT of the application:
Attorney Howard Sykes, Fifth Floor, Pembroke One Building, Phone: 499-8971,
represented the applicant
Al Strazzullo, 3105 Sand Pine Road, Phone: 481-0024, represented the Lynnhaven
Colony Civic League
Leslie Fenlon, 2224 Scallop Road, Phone: 481-2501, represented the Great Neck
Association of Civic Leagues
The following spoke in OPPOSITION to the application:
Alexander Platt, 2925 Cape Henry Drive, Phone: 481-6001
Upon motion by Councilman Brazier, seconded by Vice Mayor Fentress, City
Council ADOPTED an Ordinance upon application of BATTLEFIELD ASSOCIATES for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF BATTLEFIELD
ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR A
COMMERCIAL RECREATIONAL FACILITY (BILLARD TABLES)
R08901327
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Battlefield
Associates for a Conditional Use Permit for a
commercial recreational facility (billiard tables)
on Lots 4, 5, 6, 8, 10 and 12 and the eastern 30
feet of Lots 7, 9 and 11, Block N, Lynnhaven Beach.
Said parcel is located at 2941 Shore Drive and
contains 1.2 acres. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. No more than 30 billiard/pool tables will be
installed.
2. No electronic video games or pinball machines will
be installed.
3. No mixed beverages shall be sold on premises. In
the event that the owner/applicant is successful in
obtaining a Virginia Alcohol Beverage Control Board
license for beer and wine, such license shall be
limited to on-premises consumption.
4. Hours of operation will be from 12:00 Noon until
Midnight Sunday through Thursday and until 2:00 AM
on Friday and Saturday.
5. Minors under the age of sixteen (16) must be
accompanied by a parent or guardian or have a
permission card signed by parent or guardian
authorizing attendance on file with the manager.
- 38 -
Item V-I.I.c.
PUBLIC HEARING
PLANNING ITEM # 33336 (Continued)
6. A security guard will be provided on premises every
Friday and Saturday night from 9:00 PM to 2:00 AM.
7. A variance to the required number of parking spaces
Laj be required from the Board of Zoning Appeals.
The Applicant agreed to conform the sign to twelve
feet by eight feet (12' x 8').
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
firs neteen Hundred n(d, Niinety.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 39 -
Item V-I.I.d.
PUBLIC HEARING
PIANNING ITEM # 33337
David Webster, 1628 Dey Cove Drive, Phone: 496-0812, represented the applicant
The following spoke in OPPOSITION:
Tom Pendergrass, 4614 Flicka Court, Phone: 363-9117, represented the North
Beach Condo Association
Paige Wyatt, 4622 Flicka Court, Phone: 464-2829, represented the North Beach
Condo Association. Mrs. Wyatt presented a petition in OPPOSTTION. Said
petition is hereby made a part of the record.
Upon motion by Councilman Jones, seconded by Vice Mayor Fentress, City Council
DENIED an Ordinance upon application of "RACK-EM" FAMILY BILLARDS for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF "RACK-EM" FAMILY
BILLIARDS FOR A CONDITIONAL USE PERMIT FOR A
COMMERCIAL RECREATIONAL FACILITY
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of "Rack-Em" Family
Billiards for a Conditional Use Permit for a
commercial recreational facility on the north side
of Shore Drive, 272 feet more or less west of
Northampton Boulevard. The parcel is located at
4640 Shore Drive and contains 1.29 acres. More
detailed information is available in the Department
of Planning. BAYSIDE BOROUGH.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf and Nancy K. Parker*
Council Members Voting Nay:
William D. Sessoms, Jr.
Council Members Absent:
Reba S. McClanan
*Councilwoman Parker changed her NAY vote to a VERBAL AYE.
- 40 -
item Y-I.I.e.l.
PUBLIC HEARING
PLANNING ITEM # 33338
Delegate Glenn Croshaw, Croshaw, Siegel, Beale, Hauser and Lewis, One Columbus
Center, Post office Box 61888, Phone: 490-6000, represented the applicant
Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City
Council APPROVED upon compliance of conditions by February 26, 1991, an
Ordinance upon application of CHARLES E. FALK, SR. for the discontinuance,
closure and abandonment of a portion of Fern Ridge Road.
Application of Charles E. Falk, Sr. for the
discontinuance, closure and abandonment of a
portion of Fern Bridge Road beginning at the
southeastern boundary of Lynnhaven Parkway and
running In a southeasterr) direction a distance of
135 feet more or less. More detailed information is
available in the Department of Planning. PRINCESS
ANNE BOROUGH.
The following conditions shall be required:
1. only that portion of right-of-way required for the
proposed parking area shall be closed. The 25-foot
wide strip which runs along the existing drainage
easement, shown on the submitted site plan as a
25-foot landscape buffer, shall remain public
right-of-way.
2. The ultimate disposition of this right-of-way shall
be by purchase rather than direct conveyance,
subject to determination by the City Attorney's
office.
3. The applicant shall field locate the existing eight
Inch water line and eight Inch force main within
the right-of-way proposed for closure and forward
the Information to the Department of Public
Utilities. A utility easement satisfactory to
Public Utilities must be dedicated.
4. The applicant shall submit a revised ordinance
closing the right-of-way to the City Attorney's
office. The redraft shall include a "save and
except" clause for the utility easement referenced
in Condition #2.
5. The applicant Is responsible tor making
arrangements to accommodate any non-munlclpal
utilities which may exist In the right-of-way
proposed for closure.
6. Resubdivision of the property and vacation of
internal lot lines to Incorporate the closed area
Into adjoining parcels as well as to ensure that
all lots have access to a public street.
7. The street closure shall not Include the 12 feet of
right-of-way required for the ultimate Improvement
of Lynnhaven Parkway to a six-lane divided highway.
- 41
Item -Ilel-
PUBLIC HF-ARING
PLANNING ITEM # 33338 (Continued)
8. The City of Virginia Beach shall retain an easement
which will provide the necessary access to the
waterway.
9. Closure of the right-of-way shall be contingent
upon compliance with the above stated conditions
within 180 days of the approval by City Council on
or before February 26, 1991.
10. At the time of development, the proffered
landscaping plan shall be adhered to.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
Item V-I.I.e.l. and e.2 were VOTED upon in ONE MOTION.
- 42 -
Item -I.Ie.2-
PUBLIC HEARING
PLANNING ITEM # 33338 (Continued)
Delegate Glenn Croshaw, Croshaw, Siegel, Beale, Hauser and Lewis, One Columbus
Center, Post Office Box 61888, Phone: 490-6000, represented the applicant
Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City
Council ADOPTED an Ordinance upon application of CHARLES E. AND KATHRYN L. FALK
for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF CHARLES E. AND
KATHRYN L. FALK FOR A CONDITIONAL USE PERMIT FOR
AUTOMOBILE SALES AND SERVICE R08901328
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Charles E. and
Kathryn L. Falk for a Conditional Use Permit for
automobile sales and service on certain property
located on the east side of Lynnhaven Parkway at
the intersection with Fern Ridge Road. The parcel
contains 43,694 square feet. More detailed
information is available in the Department of
Planning. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. All repairs are to be made inside the building. No
outside repairs are allowed.
2. This site is approved for light automobile repair
uses only as permitted at automobile service
stations and defined in Section Ill of the City
Zoning Ordinance under the definition of
Itautomobile service station".
3. Auto repairs shall be limited to the automobiles
being sold from this site.
4. Any increase in impervious area must meet the
requirements of the Stormwater Management Ordinance
through the use of Best Management Practices.
Infiltration systems under pavement shall not be
allowed.
5. All trees on site greater than six inches in
caliper shall remain.
This Ordinance shall be effective in accordan.ce with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
first of August, Nineteen Hundred and Ninety.
- 43 -
Item -Iie.2.
PUBLIC REARING
PLANNING ITEM # 33338 (Continued)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
Item V-I.I.e.l. and e.2 were VOTED upon in ONE MOTION.
44 -
Item V-I.I.f.
PUBLIC HEARING
PLANNING ITEM 33339
Upon motion by Councilman Sessoms, seconded by Councilman Lanteigne, City
Council ADOPTED an Ordinance upon application of the CITY OF VIRGINIA BEACH,
DEPARTMENT OF PUBLIC UTILITIES, for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA
BEACH, DEPARTMENT OF PUBLIC UTILITIES FOR A
CONDITIONAL USE PERMIT FOR A COMMUNICATION TOWER
R08901329
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of the City of Virginia
Beach, Department of Public Utilities for a
Conditional Use Permit for a communication tower
located 300 feet more or less northwest of North
Landstown Road, 2126.50 feet northeast of Princess
Anne Road. The parcel is located at 1925 North
Landstown Road and contains 440 square feet. More
detailed information is available in the Department
of Planning. PRINCESS ANNE BOROUGH.
The following condition shall be required:
1. The applicant shall work with interested private
communication tower users. Multiple use of
communication towers is strongly encouraged and the
applicant shall attempt to accomodate interested
parties.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
first of August, Nineteen Hundred and Ninety.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 45 -
item
PUBLIC HEARING
PLANNING ITEM # 33340
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council DEFERRED until the City Council Session of September 18, 1990:
CHESAPEAKE BAY PRESERVATION AREA REGULATIONS
Ordinances to AMEND and REORDAIN the Code of the City of Virginia
Beach, Virginia:
Appendix A, Sections 101, 102, 111 and 200 of the
City Zoning Ordinance re legislative intent,
establishments of districts and official zoning
maps, definitions and zoning lots.
Appendix B, Sections 3.2, 3.3, 4.1, 4.2, 4.5, 5.10,
6.1 and 6.3 of the Subdivision Ordinance re
procedure for approval of final plat, streets and
alleys, easements, public sites and open spaces,
underground utilities, preliminary plats and data
generally and final plats and data.
Appendix C, Sections 2, 3, 4, 5 and 7 of the Site
Plan Ordinance re uses requiring site plan review,
procedures, information required on site
development plan, minimum standards and
specifications and variances and appeals.
ADDING Appendix F to be known as the Chesapeake Bay
Preservation Area Ordinance.
Section 30-78 re erosion and sediment control and
tree protection.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 46 -
Item V-I.I.h.1
PUBLIC HEARING
PLANNING ITEM # 33341
Upon motion by Councilwoman Parker, seconded by Councilman Clyburn, City
Council ADOPTED:
Resolution in accordance with Section 102(b)(3) of
the City Zoning Ordinance re replacement of certain
official zoning maps, without change in
designation, in order to facilitate their
computerization.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
A RESOLURION OF UM CITY OF @IM BEACH
IN ACCMMCE WM SBMON 102 (b) (3)
OF VE CrrY ORDINANCE M REPILACE
CERrAIN OFFICIAL ZONIM MAPS
IN TtiE OFFICIAL ZONIM DESIGUNTION
wHEREAS, the city of virginia Beadi Plannirig De t is prepared
to proceed with the terization of the deparbnmtls mapping system, and
, the first step in this pr@ involves the repla@t
of the official hand-drafted zoning mps with ter generated zonincj
mps, and
WHEREAS, the City has been divided into three phases and each
phase will be forwarded to the city cm=il for adoption upon corrpletion, and
WHEREAS, Phase I consistirxg of the northern portion of the city
bearing grid numbers A 1-5 through M 1-5 is currently ready for adoption,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF = CrrY OF
BEACH, @@, UMT:
Phase I of the =Wterized zoning imps bearing grid n s A 1-5
M 1-5 are hereby adopted as the official zonirig mps of the City of
Virginia Beach and shall replace those mps with like grid numbers which
were in effect prior to this date.
Adopted by the @il of the City of Virginia Beach, Virtjinia, on
the- 21 clav of-August 1990.
- 47 -
Item V-I.I.h.2
PUBLIC HEARING
PLANNING ITEM # 33342
Upon motion by Councilman Baum, seconded by Councilman Jones, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN Article 4, Section
401(a) of the City Zoning Ordinance re use
regulations for repair of agricultural equipment in
the AG-1 and AG-2 Agricultural Districts.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
This item was MOVED FORWARD prior to the PLANNING AGENDA.
AN ORDI14ANCE To AND REORDAIN
MMCLE 4, SBMON 401(a)
OF nM CM ORD@CE
PEEC TO USE TIONS IN
AG-1 AND AG-2 AGRICULTURAL DI@CRS
BE IT o By TIEE ODMCIL OF ME CITY OF @INIA BEACH, @INIA:
That Section 401(a) of the city Zoning ordinance be amended and reordained
in part as follows:
Sec. 401. Use ti-cns
(a) Principal and coriditional uses.
The following lists those uses permitted within the AG-1 and AG-2
Agricultural Districts. Those uses and structures in the r ive
agricultural distri&s shall be permitted as either principal uses indicted
by a P or as oonditional uses indicated by a C. Uses and structures indicated
by an X shall be prohibited in the r ive districts. No @ or structures
other than as sper-ified shall be permitted.
USE AG-1 AG-2
Acjricultur-al and horticultural uses, @ludim
orchards, vineyards, nurseries and the raising
and @zing of livestock and swirie and the
keepincj of bees p p
Airports, heliports and helistops c c
Anival hospitals, pounds, shelters, @cial
and residential kennels c c
- -- - --------- --
Borrow pit c c
Ce-t-y' columbarium, cremtory and musoleum c c
Child care education cmters in oc)mection
with public or private elemmtary @ools
or churches p p
----------------------
Child care edur-ation centers, day nurseries,
other than those permitted as principal uses
and @ctures, when not operated by a public
agency c c
Churches c c
@ity centers c c
- - -- - --------- - - ------------------------ - --
Country inns c c
Drive-in theaters c c
Dwelling, single family addition p p
-- - ----- - --- - --------------------- ---
Dwellings, dL]Plex x x
Dwellings, single family c p
Family care h@, foster h@ or group homes c c
36
USE AG-1 @2
Fish ha @ eries and fish Ponds p p
- - -- - -- - - --- ------------------ ---
p p
Forest-s and forestry
FY, ty and sorority houses, student dorrit-
itories ard student centers; p-ided that
they be lomted wi@ a one mile radius of
a college or -iversity c c
-------------------
Game preserv- p
Golf courses, Juding par 3 with a minimm c c
area of 10 acres, and minia @ e golf courses
Home tions, includirig those conducted c c
@ide @ pri-ipal st-ct--
H@ for the aged, disabled or handi-PPeld,
imi@ cc)nval@t or -@ h- c c
Hospitals and sanitariunis c c
Lodges for fra 1 organizations c c
Marinas, rion ial and itY boat
docks c c
Ma@ity c c
Mo les and convents c c
- - - - - - -------- - ------------ ----
museums and art galleries when nc)t opera@
by a public agency c c
Private schools having curriculum sim'lar to
public schools c c
Public el , in iate and hicjh
sdiools, colleges and universities; day
nurseries in connection with public or
private elemen@ schools or churches p p
Public parks, recreational -, botanical ar)d
zoological garderm, golf - -1 rarinas and
other public buildings and uses p p
Public utility installations and substations;
provided offices, storage or nointerk-
facilities shall not be permittecl; and provided,
further, that utilities substations other than
individual transformers, shall be surrounded bY
Category V s=eening, solid except for entrances
and exits; ar)d provided also, transformer vaults
for und utilities and the like shall
require category i screenincj, solid except for
access openings p p
Public utility transfonner stations and major
transmission liries and towers (50,000 volts or
more) c c
37
USE AG-1 AG-2
----------
Recreati,l facilities of an -td-r
r"t're other than th@ @ified as prir-ipal
@, which my be partially or @r-ily
enclosed on a @nal basis, with the approval
of City @il c c
Recreational c c
c c
ecluip-nt, and
to a plant nursery,
l@ and lmited to
hundrecl (500) square
feet. c c
- - --- - -- - - - - - ---- - --------------------- ---
Riding academies, horses for hire or boarding c c
@elter for farm enplc)y@ c c
Storage ancl inaintenance installations for public
utilities c c
- - - - ------------- - -------
Television or other broadcasting stations and
line of sight relay devices c c
Wells, water reservoirs, and water control
structures p p
Adopted by the Council of the City of Virginia Beadi, virginia, on
th 21 day of ug--t iggo.
38
- 48 -
Item V-J-1-
APPOINTMENTS ITEM # 33343
Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED:
commuNiTy SERVICES BOARD
Ed,,ard L. Richardson
(unexpired term thru 12/31/92)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 49 -
item V-J.2.
APPOINTMENTS ITEM # 33344
Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED:
DEVELOpMENT AUTHORITY
Leo C. Wardrup, Jr.
Four Year Term: 9/i/go - 8/31/94
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Naftcy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 50 -
item V-J.3.
AppoINTMENTS ITEM # 33345
BY CONSENSUS, City Council RESCHEDULED:
PARKS AND RECREATION COMISSION
- 51 -
Item V-K. 1.
UNFINISHED BUSINESS ITEM # 33346
ADD-ON
Councilman Baum referenced the Ordinance authorizing acquisition of property In
fee simple tor right-of-way for Forrell Farkway- Councilman Baum was concerned
relative the political position of the the Fish and Wildlife Service, as well
as issues concerning the wetlands. Councilman Baum believed it to be the
consensus of City Council to move forward with the acquisition. If there are
delays, the minority In a sense wins. Correspondence Indicated appraisals are
anticipated to be completed by December 1990. Other correspondence had
indicated appraisals would be ready by late August.
Council Members Lantaigne and Sessoms referenced the correspondence of January,
11, 1990, from the Fish and Wildlife Service recommending the City acquire the
needed rights-of-way before the Service purchases these lands. Councilman
Lanteigne requested the Service be contacted advising the City is doing
everything possible to expedite the acquisition.
Councilman Heischober believed the eastern end of Ferrell Parkway, for safety
purposes alone, requires priority. The City should carry the Princess
Anne/Ferrell Parkway down to the Municipal Center where it turns (which Is
underway) and then start at the far eastern end and work toward the center.
Councilman Heischober requested this alternative be examined by the City
Manager.
The City Manager advised contacts have been made with property owners, but
plats must be completed. The City Manager will confer with the City Attorney
relative the expedition of this acquisition. The City Manager advised last week
there were detailed meetings with the Fish and Wildiffe Service relative the
City acquiring this alignment.
- 52 -
Item V-K. 2.
UNFINISHD BUSINESS ITEM # 33347
ADD-ON
Mayor Oberndorf advised the Sandbridge Civic League had requested utilizing
some of the finanacing for the rural roads improvement on the Sandbridge Road
especially with relation to McClanan Curve.