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AUGUST 14, 1990 MINUTES Citye>f Virgir1ia I3eEtch "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-La'ge VICE MAYOR ROBERT E. FENTRESS, Virginia Beach &rough JOHN A. BAUM, Blackwater &rough JAMES W. BRAZIER, JR., Lynnhaven Bomugh ROBERT W. CLYBURN, Kempsville &rough HAROLD HEISCHOBER, At-La'ge LOUIS R. JONES, Bayside &rough PAUL J. LANTEIGNE, Pungo &'ough REBA S. McCLANAN, Princess Anne &rough NANCY K. PARKER, At-Lmge WILLIAM D. SESSOMS, JR., At-La,ge AUBREY V. WATTS, JR., City Managcr LESLIE L. LILLEY, City Attomey RUTH HODGES SMITH, CMCIAAE, City Clcrk CITY COUNCIL AGENDA 281 CITY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9005 (8041427-4303 AUGUST 14, 1990 ITEM I. CITY MANAGER'S BRIEFING - Conference Room - 11:30 AM A. FY 1990-1991 LAND USE TAXATION VALUES Jerald D. Banagan, City Assessor ITEM II. COUNCIL CONFERENCE SESSION - Conference Room - 12: NOON A. CITY COUNCIL CONCERNS I TEM I I I . L U N C H - Conference Room - 12:30 PM ITEM IV. INFORMAL SESSION - Conference Room - 1:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM V. FORMAL SESSION - CouncIl Chamber - 2: 00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Melvin Hughes First Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS Aug ust 7, 1990 G. PRESENTATION 1. LABOR DAY COMMUNITY COORDINATION COMMITTEE Andrew S. Fine, Co-Chair Dr. Harrison B. Wilson, Co-Chair H. PUBLIC HEARING 1. WATER AND SEWER RATE INCREASE I . ORD I NANCES 1. Ordinances re water and sewer rate increase: a. To authorize and direct the City Manager to enter Into negotiations with the Federal Government re amendment of the WheelIng Contract with the Government to increase the rate paid by the Government to the City of V I rg I n I a Beach effect I ve October 1, 1990; and, further authorizing the City Manager to enter Into future negotiations with the Government to amend the Wheeling Contract as may be necessary. b. To AMEND and REORDAtN Section 28-26 of the Code of the City of Virginia Beach, Virginia, re sewer maintenance charges. c. To AMEND and REORDAIN Sections 37-23, 37-46 and 37-47 of the Code of the City of Virginia Beach, Virginia, re water usage rates. J. PUBLIC HEARING: 1. PLANNING - RECONSIDERATION: a. REQUEST of GOODMAN-SEGAR-HOGAN FOR RECONSIDERATION OF Conditional Use Permit for an open space promotion on the East side of Indian River Road, 250 feet South of Elbow Road, containing 167 acres (KEMPSVILLE BOROUGH). Denied: June 11, 1990. Scheduled for Reconsideration: July 2, 1990. 2. PLANNING: a. Application of DALLAS NORMAN of WITCHDUCK LAKE ENTERPRISES for a Conditional Zoning Classification from R-7.5 Residential District to A-12 Apartment District at the Western terminus of Wltchduck Court, containing 15.6 acres (BAYSIDE BOROUGH). DEFERRED: December 11, 1989 Recommendation: APPROVAL b. Application of TIDEWATER IMPORTS, INC. for a Conditional Use Permit for motor vehicle sales and service on the North side of Virginia Beach Boulevard, 600 feet West of Kings Grant Road <3152 Virginia Beach Boulevard), containing 4.5 acres (LYNNHAVEN BOROUGH). DEFERRED: July 9, 1990. Recommendation: APPROVAL c. Appl ication of CONTEL CELLULAR, INC. for a Conditional Use Permit for a communication tower and equipment building on the South side of Indian River Road, 1500 feet more or less West of Princess Anne Road, contain 'ng 24,350.04 square feet more or less (PUNGO BOROUGH). DEFERRED: May 14, 1990, and July 9, 1990. Recommendation: DENIAL K. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Counci I and will be enacted by one motion in the form I isted. If an Item Is removed from the Consent Agenda, It wll I be discussed and voted upon separately. 1. Resolution authorizing the City Manager to purchase a 12,869.66 square foot right-of-way needed for completion of the Hilltop Loop for $93,305.00 from Virginia Bell Wright Irrevocable Trust A and Trust B (LYNNHAVEN BOROUGH). 2. Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia, by ADDING a new Article XXIII to Chapter 2 re creation and functions of the Development Services Department. 3. Ordinance to AMEND and REORDAIN Section 30-1 of the Code of the City of Virginia Beach, Virginia, re setbacks for excavations for farm ponds and drainage ponds. 4. Ordinance authorizing and directing the City Manager to execute a mutual fire fighting assistance agreement with Fleet Combat Training Center, Atlantic (Dam Neck). 5. Ordinances, upon SECOND READING: a. To APPROPRIATE $625,000 In Multi-Family Rehabilitation Loan and Energy Grant Funds from the Virginia Department of Housing and Community Development. b. To APPROPRIATE $49,782 from the State Department of Criminal Justice Systems through the Anti-Drug Abuse Act of 1988. c. To ACCEPT and APPROPRIATE $24,389 Grant from the Commonwealth of Virginia Department of Criminal Justice re Victim Witness Program; and, prov I de one full-time temporary grant position for a Victim Witness Assistant. d. To ACCEPT and APPROPRIATE $23,283 from the State Department of Mental Health, Mental Retardation and Substance Abuse Services re additional administrative funding for one full-time permanent Accountant I position as Reimbursement Manager. e. To APPROPRIATE $17,500 from the Marine Science Museum Enterprise Fund's Retained Earnings to FY 1990-1991 Operating Budget re purchase of a replacement aquarium tank. f. To APPROPRIATE $10,138 within FY 1990-1991 Operating Budget of Department of Social Services re employment of one part-time eligibility worker to be stationed at Virginia Beach General Hospital. 6. Ordinances, upon FIRST 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 accommodate the Subregional Library for the BI ind 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 Program. 7. Ordinance to TRANSFER $32,662 within the FY 1989-1990 Operating Budget to the City Treasurer's Budget re offset cost of addItional expenditures. 8. Ordinance appointing viewers In the petition of David Throckmorton and Florine Horay, for the closure of a portion of Hutton Lane (LYNNHAVEN BOROUGH). L. APPOINTMENTS COMMUNITY SERVICES BOARD - Resignation DEVELOPMENT AUTHORITY PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD WETLANDS BOARD M. UNFINISHED BUSINESS 1. RECONSIDERATION of City Council 's action on August Seventh to reschedule December Fourth Session to Thursday, December 6, 1990. (Requested by Vice Mayor Robert E. Fentress.) N. NEW BUSINESS O. ADJOURNMENT * * * * * * * * * * * * * * * CITY COUNCIL SESSIONS CANCELLED SEPTEMBER 11, 1990 VIRGINIA MUNICIPAL LEAGUE (All Sessions of City Council are now held weekly on Tuesday) MINUTES VIRGINIA BEACH CITY COUNCIL VIrgInIa Beach, VIrgInIa August 14, 1990 The CITY MANAGER'S BRIEFING to the VIRGINIA BEACH CITY COUNCIL was called to order by Vice Mayor Robert E. Fentress in the Conference Room, City Hall Building, on Tuesday, August 14, 1990, at 11:30 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, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: Mayor Meyera E. Oberndorf (ENTERED: 12:03 P.M.) Mayor Oberndorf was attending the Change of Command Ceremony for the Corps of Engineers. - 2 - C I T Y MAN AGE R 's B R I E FIN G FY 1990-1991 LAND USE TAXATION VALUES 11 :30 A.M. ITEM # 33254 Jerald D. Banagan, City Assessor, advised as previously reported, the State Land Evaluation Advisory Council (SLEAC) is the state agency charged with the responsibility of annually providing suggested land use values for each jurisdiction which has adopted Land Use Taxation. The values suggested for Virginia Beach for CLASS III Agriculture land for FY 1991 is $770 per acre which is a 79% increase over the FY 1990 use value of $430. The $430.00 land use values was the lowest since 1976. During the 1980's, the land use values ranged from $520 an acre to $600 an acre. As per the request of City Council, Mr. Banagan collected some local agricultural data by contacting seventeen of the professional farmers who lease acreage. The City Assessor has developed an al terna ti ve to SLEAC' s suggested values. The rents range from zero to $100 an acre. The median rent is $50.00, while the mean rent is $48.75. There were approximately 1550 acres that were leased at a relatively moderate price of $35.00 an acre or less, which the City Assessor believed to be less than economic rent. Typical economic rent is $65 per acre. Capitalizing typical economic rent of $65 per acre at 10% equates to a use value of $650 per acre, as opposed to the $770, proposed by SLEAC. When the projections of revenue were derived in February, the existing land use values were utilized. $650.00 an acre would create an additional $7.4-MIILLION in assessments and the $770.00 an acre would create an additional $11.2-MILLION in assessments. A listing of all jurisdictions in the State with land use values of over $600 an acre was enclosed in the documentation for City Council's perusal. Primarily SLEAC indicated three major elements contributed to the increase in land use values: eliminating 1983 production data and the addition of 1988 (they utilize a five-year rolling average), increased government subsidy payments and the change in the 1982 census of agricultural data to 1987 census of agricultural data. On the last page of the documentation, Mr. Banagan equated values to various scenarios. INCREASE IN TAXES 25 Acres of Farm Land FY 1989/1990 @ $430 FY 1990/1991 @ $650 @ $770 $ 10,750 x .00977 $ 105.02 $ 16,250 x.Ol032 $ 167.70 $ 19,250 x.01032 $ 198.66 59% Increase 89% Increase $80,000 House and Site and 25 Acres Farm Land and 10 Acres Forest FY 1989/1990 FY 1990/1991 @ $430/$340 @ $650/$355 @ $770/355 $ 94,150 $ 99,800 $102,800 x .00977 x.0l032 x .01032 $ 919.84 $ 1029.93 $ 1060.89 12% Increase 15% Increase - 3 - C I T Y MAN AGE R 's B R I E FIN G FY 1990-1991 LAND USE TAXATION VALUES ITEM II 33254 (Continued) $80,000 House & 100 Acres Farm Land & 25 Acres Forest FY 1989/1990 FY 1990/1991 @ $430/$340 @ $650/$355 @ $770/355 $131,500 x.00977 $ 1284 . 7 5 $153,875 x.01032 $ 1587.99 $165,875 x.01032 $ 1711.83 23% Increase 33% Increase The middle scenario most closely reflects the bulk of the properties In the rural areas. Mr. Banagan advised City Council must provide guidance by August 27, 1990. Counci Iman Lanteigne bel ieved the $50.00 per acre should be utilized equating to a land use value of $500 per acre. Councilman Baum concurred with the recommendation of the Real Estate Assessor of $65.00 per acre equating to a iand use value of $650 per acre. BY CONSENSUS, City Council chose the $650 an acre figure which would be utilized as land use values. AllrlllC::+ 1 L1 1 aan - 4 - C 0 U N C I L CON C ERN SSE S S ION 11: 55 A.M. ITEM # 33255 Councilman Sessoms referenced the Central Business District Commission which was created on November 20, 1989. The Commission has been requested to present a Master Plan for the Central Business District on or before December 31, 1990. The Commission has requested an extension until March First. A Resolution will be ADDED-ON to the City Council Agenda during the Formal Session. ITEM # 33256 Councilman Lanteigne referenced the serious accident on Sandbridge Road this weekend. Approximately 50% of the accidents occurring on Sandbridge Road are with injuries. This compares to approximately 20% of the accidents with injuries which occur throughout the City. There are not a number of accidents occurring but the severity is very great. ITEM # 33257 Councilman Lanteigne advised the City Staff has been directed to authorize acquisi tion of property in fee simple for right-of-way for Ferrell Parkway. Councilman Lanteigne requested City Council be given a time frame of these developments during the City Council Session of August 21, 1990. ITEM # 33258 Councilman Brazier referenced the fixed wing aircraft. The aircraft was obtained as a result of the drug enforcement activity. After reviewing the pros and cons and the need for a second helicopter, the City Manager had directed the Police Chief to consult with the Customs Service and sell the aircraft as soon as legally practicable. The City Manager advised Councilman Brazier approximately $35,000 to $40,000 would be received for the fixed wing aircraft. Councilman Brazier advised the City pays a private carrier for the extradition of prisoners out of the City. The City is reimbursed for these expenses after filing with the State. Councilman Brazier suggested this fixed wing aircraft be utilized for the extradition of prisoners. The City could bill the State for expenses. Councilman Brazier believed other cities might wish to also utilize this aircraft for extradition of prisoners. The City Manager advised that because of insurance and other related matters, he would prefer to confine the initial analysis only to Virginia Beach. The City Manager will re-examine the situation and provide further information concerning the utilization of this fixed wing aircraft during the City Council Session of August 21, 1990. ITEM # 33259 Vice Mayor Fentress referenced RECONSIDERATION of City Council's action on August Seventh to reschedule the December Fourth Session to Thursday, December 6, 1990 (See item V-M.1 of UNFINISHED BUSINESS). BY CONSENSUS, the RESCHEDULED City Council Session of Thursday, December 6, 1990, shall remain and not be RECONSIDERED. - 5 - C 0 U N C I L CON C ERN SSE S S ION ITEM # 33260 Councilwoman Parker advised there was a survey done by the Hampton Roads Chamber of Commerce relative tolls. Councilwoman Parker requested a Briefing on transportation needs, as there will be a Resolution relative Surface Transportation Funding and unlocking it from the Federal Government. Councilwoman Parker requested Connie W. Long of the Hampton Roads Chamber of Commerce, to provide Members of City Council the SCHEDULE of Briefings by the Chamber concerning this Surface Transportation Funding. Mayor Oberndorf requested clarification relative misinformation Hampton Roads Planning District Commission will become the Transportation Authority with the power of taxation. that the Regional Councilwoman McClanan, Chair of HRPDC, advised no position has been taken by the Planning District Commission. The City Manager will arrange for the appropriate parties to prepare a BRIEFING for City Council. The City Council will determine whether to request the Transportation Study Committee to SCHEDULE a PUBLIC HEARING for Virginia Beach. - 6 - CONCERNS OF THE MAYOR ITEM # 33261 Mayor Oberndorf apologized to the City Council for arrlvlng late for the City Council Session as she was in attendance as the City's Representative for the CHANGE OF COMMAND CEREMONY for the CORPS OF ENGINEERS. Congressmen Bateman, Sisisky and Pickett were all in attendance. The Corps of Engineers is a Branch of the United States Army under the Office of the Chief of Engineers in Washington, D.C. It is a worldwide network of thirteen divisions, thirty-eight districts, and four engineer research laboratories. ITEM # 33262 Mayor Oberndorf referenced correspondence from Jesse R. Holland, President - Allied Florists Association of Virginia, who expressed an interest in discussing the possibilities of the Association working with the City of Virginia Beach concerning the Christmas decoration of the Buffington House. ITEM # 33263 During the City Council Session of August 7, 1990, Mayor Oberndorf had requested the Council Members list three and no more than five issues or goals the Council needs to address over the next year. Mayor Oberndorf requested this list be furnished by August Tenth. Once input is provided by all Council Members, the items will be listed in a tabular form and brought back to Council for a work session. Mayor Oberndorf expressed appreciation to Members of City Council for their comments. Two Members of City Council expressed concern relative the length of the meetings. There is a lO-Minute policy limit on speakers, which should be followed. If one wishes extra time allotted, the Council Member will have to make a MOTION to be followed by a vote. Council Concerns should be limited to items on the published agenda. Other Council Concerns should be added under NEW BUSINESS on the FORMAL AGENDA. ITEM # 33264 In response to a news article in the BEACON, Mayor Oberndorf referenced the CONSENT AGENDA and requested Members of City Council advise the City Manager, if there were items which would necessitate the appropriate Department Head remaining for the Formal Session. ITEM # 33265 The City Clerk referenced correspondence from Attorney R. J. Nutter requesting INDEFINITE DEFERRAL of the application of DAlLAS NORMAN of WITCHDUCK LAKE ENTERPRISES for a Conditional Zoning Classification from R-7. 5 Residential District to A-12 Apartment District at the Western terminus of Witchduck Court, containing 15.6 acres (BAYSIDE BOROUGH) (See Item V-J.2.a. of the PLANNING AGENDA). This correspondence was distributed to Members of City Council. Councilman Jones believed the concerns could be addressed within a couple of weeks. - 7 - ITEM II 33266 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was cal led to order by Mayor Meyera E. Oberndorf In the Conference Room, City Hall Building, on Tuesday, August 14, 1990, at 12:25 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Helschober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and WII I lam D. Sessoms, Jr. Council Members Absent: None AUGust 14. 19qO - 8 - ITEM # 33267 Mayor Meyera E. Oberndorf entertained a motion to permit City Counci I 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 appo intees pursuant to Sect ion 2.1-344 (A) (1). To-wi t: Boards and Commissions as I isted in the Formal Agenda. (2) Appointment of Christopher Columbus Qulncentenary Jubilee Commission. (3) Appointment of Princess Anne County Trlcentennlal Committee. Upon mot i on by V I ce Mayor Fentress, seconded by Counc II man Sessoms, City Council voted to proceed Into EXECUTIVE SESSION. Voting: 11-0 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, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and WIJ I lam D. Sessoms, Jr. Council Members Voting Nay: None Councl I Members Absent: None Auaust 14 _ 1qq() - 9 - ITEM II 33268 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was RECONVENED by Mayor Meyera E. Oberndorf In the Conference Room, City Hall Building, on Tuesday, August 14, 1990, at 1:20 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Helschober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and WI I I lam D. Sessoms, Jr. Council Members Absent: None Aua uc:;t 1 A 11"'\1"'\F\ - 10 - CERTIFICATION OF EXECUTIVE SESSION ITEM # 33269 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution appl ies; AND, On I Y such pub" c bus I ness matters as were Identified In the motions convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0* 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, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None *Verbal Vote AIU111<::+ 1L1 100n .ft,.."...~ -'\\I~\A'IJl:/1 ~:'\ t~\\~~~~~/~3 1 rpG~" :"r ~~ 't,'7.'1 ".~ "'i ...., .... . '.' ; z) ~t:' I '0 _t >f \. ........, +. . ~ ::~~~ . }.. ,. .." ;: J "~. 0 ~ 0 TO. c;t l1.~"" '. f,'~~Jj to .1 c' "'HI''' i 0\' J ~ " "11/1 ..",,1:./ ...'--......~..... iRe nnltt Ii utt 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 # 33267, Page No.8, 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. ~~~ R th Hodges Smith, CMC/AAE City Clerk August 14, 1990 - 11 - C I T Y C 0 U N C I L CON C ERN S (Continued) ITEM # 33270 Relative the appointment of the PRINCESS ANNE COUNTY TRICENTENNIAL COMMITTEE, Mayor Oberndorf will forward a letter advising appointments were discussed at the Informal Session of City Council. The Committee was encouraged to move forward with their plans, but it was decided not to make this an official appointment of the City. Councilman Heischober suggested the City Council advise in letter form because of the Budgetary constraints, the Council hesitates to form the Committee as it does involve funding and the City is not in a position to provide funding. The letter will be written to Dr. Stephen Mansfield after the Governor's Budgetary address on Thursday, August 16, 1990. A copy of a DRAFT letter will be faxed to all Members of City Council before being forward to Dr. Mansfield. Mayor Oberndorf will contact Mr. William Sayer of the CHRIST0PHER COLUMBUS QUINCENTENARY JUBILEE and suggest he form a Committee and work with the NEPTUNE FESTIVAL toward 1992 and Heritage Day. The City Council would be unable to provide economic support. ITEM # 33271 With reference to Budgetary constraints, Councilman Clyburn referenced the possibility of capping certain salaries. There are some higher echelon indi viduals who receive extremely high salaries. Continued five percent (5%) raises will exceed the Governor's salary. Councilman Clyburn believed employees would fair better if more funds were paid on their insurance rather than a cost of living increases. Councilman Baum referenced the issue of Health Insurance and requested the City Manager provide sufficient information to deal with this issue. Councilman Baum requested the City Manager provide data relative the cost of Health Insurance for taxpayers in occupations other than Government. Councilman Jones believed the solution to the rising costs was a reallocation of the current resources already in existence. Councilman Jones was not addressing a cut-back in services but reducing those areas which are overstaffed in the performance of certain services. These resources could be reallocated to the areas where the services are needed. Councilman Lanteigne advised within the Municipal Budget there are no incentives to meet performance goals and objectives and to save funds. The Budget Process needs to be re-examined in all areas and offer the employees incentives to save, i.e. health care costs. As an example, for every $1.00 the Budget Manager turns back in at the end of the year, 10i could be toward the employee's health care. The formation of a Committee relative the revamping of the Budget Process would be feasible. Councilman Sessoms advised $16-MILLION was saved by his bank. There was a hiring freeze. Positions were lost but not jobs. Twenty-five percent (25%) of the savings will be returned to the employee in the form of additional wages, a key to morale and incentive. Productivity and accountability are the key factors. Councilman Brazier advised as the Commanding Officer of a precinct, there are no incentives to really cut-back. A police officer and a $25,000 automobile is sent to the affected party to receive a complaint relative a stolen bicycle. - 12 - C I T Y C 0 U N C I Leo N C ERN S (Continued) ITEM # 33272 Councilwoman McClanan referenced the Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia, by ADDING a new Article XXIII to Chapter 2 re creation and functions of the Development Services Department. (See Item V-K.2 of the CONSENT AGENDA). Councilwoman McClanan Inquired whether this department would speed the review process. Councilwoman McClanan advised of the many complaints relative development plans being held until the deadline. Encroachments are often held for many months. The Development Services Department shal I be responsible for the provision of a comprehensive development review process through a coordinated approach that wll I enhance service to the development community and Individuals. The City Manager requested he be advised of occurrences when plans are being held too long. The City Manager will Investigate and advise City Council. Allflllc:.+ 1.1. 1 QQf) - 13 - FOR MAL S E S S ION VIRGINIA BEACH CITY COUNCIL August 14, 1990 2:00 P.M. Mayor Meyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCI L I n the Counc II Chambers, CI ty Ha II Bu I I ding, on Tuesday, August 14, 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 Helschober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Wi II lam D. Sessoms, Jr. Council Members Absent: None INVOCATION: Reverend Melvin Hughes First Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AllrlllC:+ 1L1. 100(\ - 14 - Item V-E. CERTIFICATION OF EXECUTIVE SESSION ITEM # 33273 Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City Council RATIFIED THE CERTIFICATION OF THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. (The Executive Session had been CERTIFIED during the INFORMAL SESSION by a Verbal Vote.) Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Execut Ive Sess i on to wh I ch th I s certification resolution appl ies; AND, Only such public business matters as were Identified In the motions convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Vot I ng : 11-0 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, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Wi I I lam D. Sessoms, Jr. Council Members Voting Nay: None Councl I Members Absent: None Auaust 14_ 1qqO iRtnnlltliutt RATIFIED 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 # 33267, Page No.8, 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 Executi ve Session were heard, discussed or considered by Virginia Beach City Council. (THE EXECUTIVE SESSION HAD BEEN CERTIFIED DURING THE INFORMAL SESSION BY A VERBAL VOTE.) ~~ City Clerk August 14, 1990 - 15 - Item V-F.1. MINUTES ITEM # 33274 Upon motion by Councilman Sessoms, seconded by Councilwoman Parker, City Council APPROVED the Minutes of INFORMAL AND FORMAL SESSIONS of August 7, 1990. V ot I ng : 11-0 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, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and WI I I lam D. Sessoms, Jr. Council Members Voting Nay: None Counci I Members Absent: None August 14.1990 - 16 - Item V-G. 1 PRESENTATIONS ITEM # 33275 LABOR DAY COMMUNITY COORDINATION COMMITTEE Andrew S. Fine and Dr. Harrison Wilson, Co-Chairs of the LABOR DAY COMMUNITY COORDINATION COMMITTEE, advised the final PUBLIC FORUM was held at the Pavilion, which was reasonably well attended. A "standing room only" crowd was in attendance at the Fraternal Order of Police Association. Chief Wall assisted in this particular event. There were three representatives from the Black Police Association. The three sessions of Volunteer Training have commenced. Litigation involving the utilization of Redwing Park was terminated last Friday, August 11, 1990, and hopefully will remain in that status. The fund raising continues with approximately $160,000 collected. The price has been reduced for any Norfolk State Student who has his ID card. Dr. Wilson introduced his daughter, MISS TIDEWATER, who was in attendance during the City Council Session. Mayor Oberndorf extended appreciation to Dr. Wilson and Mr. Fine for their leadership, loyalty and unselfish service. Mayor Oberndorf was deeply and eternally grateful to them and the many volunteers associated with LABORFEST. - 17 - Item V-H.1. PUBLI C HEAR I NG ITEM II 33276 Mayor Oberndorf DECLARED a PUBLIC HEARING: WATER AND SEWER RATE INCREASE The fol lowing registered In OPPOSITION: Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 There being no further speakers, the Mayor CLOSED the PUBLIC HEARING. AUClUc;t 14 _ 1 qqO - 18 - Item V-I.1.a/b/c. ORDINANCES ITEM II 33277 Clarence Warnstaff, Director of Publ ic utilities, advised the Water and Sewer Capital Program averages approximately $16-MILLION per year in new water and sewer facilities to serve the citizens of Virginia Beach. To finance the City's water and sewer capital program, It is necessary for bonds to be Issued. In order to issue those bonds, sufficient revenues from the water and sewer fund must be available to retire the debt associated with issuing new bonds. There are three major components In the Capital Program: (1) Two-thirds of the program relates to extending public water and sewer to neighborhoods In Virginia Beach that are currently uti I Izlng wel Is and septic tanks. (2) Extending water and sewer projects In coordination with the City's Highway Programs. (3) Bui I ding a water and sewer system to ensure the customers will have sufficient water and sufficient water pressure and the fire fighting capab III ties are prov i ded to a II c I tl zens. The adj ustments recommended over the next three years average approx Imatel y 4-1/2% each year for the average residential water and sanitary sewage customer. Relative productivity and efficiency, Public utilities Is operating with less employees per water customer than seven years ago. By hav Ing I ess employees, cost sav Ings to customers are calculated to approximately $2-MILLlON a year. Relative the Issue of uti Ilzing design services, Public uti I itles does retain for the projects In the Capital Program, engineering design services from outside sources to develop the construction plans and specifications for the contractor. The amount utilized on outside design services Is a function of the magnitude of the Capital Program. Upon motion by Councilman Sessoms, seconded by Councilman Baum, City Council ADOPTED: Ordinances re water and sewer rate Increase: To authorize and direct the City Manager to enter Into negotiations with the Federal Government re amendment of the Wheel ing Contract with the Government to increase the rate paid by the Government to the City of Virginia Beach effective October 1, 1990; and, further authorizing the City Manager to enter Into future negotiations with the Government to amend the Wheeling Contract as may be necessary. To AMEND and REORDAtN Section 28-26 of the Code of the City of Virginia Beach, Virginia, re sewer maintenance charges. To AMEND and REORDAIN Sections 37-23, 37-46 and 37-47 of the Code of the City of Virginia Beach, Virginia, re water usage rates. Vot I ng : 11-0 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, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Wil I lam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None AUOU5';t 14_ lqqO 1 AN ORDINANCE AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO ENTER INTO NEGOTIATIONS WITH 3 THE FEDERAL GOVERNMENT FOR THE PURPOSE OF 4 AMENDING THE WHEELING CONTRACT WITH THE 5 GOVERNMENT TO INCREASE THE RATE PAID BY THE 6 GOVERNMENT TO THE CITY OF VIRGINIA BEACH, AND 7 FURTHER AUTHORIZING THE CITY MANAGER TO ENTER 8 INTO FUTURE NEGOTIATIONS WITH THE GOVERNMENT 9 TO MAKE AMENDMENTS TO THE WHEELING CONTRACT 10 AS MAY BE NECESSARY 11 WHEREAS, pursuant to a Contract (hereinafter the 12 "Contract") entered into on September 10, 1973, by and between 13 the United States of America (hereinafter the "Government") and 14 the City of Virginia Beach, Virginia (hereinafter the "City"), 15 the City agreed to wheel potable water to various establishments 16 of the Government located within the City at a rate of $.05 per 17 thousand gallons; 18 WHEREAS, the City commissioned a rate study from 19 Alvord, Burdick & Howson, dated June 12, 1987, to determine 20 whether or not the water rates charged by the City needed to be 21 amended; 22 WHEREAS, based on the study, the City entered into 23 negotiations with the Government resulting in an amendment to the 24 Contract, effective March 1, 1988, which raised the rate from 25 $.05 per thousand gallons to $.31 per thousand gallons; 26 WHEREAS, City staff has determined that it is in the 27 City's best interest to enter into further negotiations with the 28 Government to increase the rate to the $.35 per thousand gallons 29 recommended by the Study Update; 30 WHEREAS, the existing Contract requires that any 31 amendments thereto be negotiated between the Government and the 32 City; 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 34 CITY OF VIRGINIA BEACH, VIRGINIA: 35 1. That the City Manager is hereby authorized and 36 directed to enter into negotiations with the Government for the 37 purpose of amending the Wheeling Contract with the Government to 38 increase the rate paid by the Government to the City for wheeling 39 water from $.31 per thousand gallons to $.35 per thousand 40 gallons effective October 1, 1990. 41 2. That the City Manager is hereby further authorized 42 to enter into future negotiations with the Government to make 43 such amendments to the Wheeling Contract as may, from time to 44 time, become necessary. 45 Adopted this ~ day of August , 1990, by the 46 Council of the City of Virginia Beach, Virginia. 47 CA-3544 48 Noncode\Wheeling.Ord 49 R-4 SIGNA TU:<~ D~F,:.,::' L:; i APPROVED A~, T(~;~. -'.'. SUFFIClH-.!CY Ai'.m t. ;'; /. flJ 1 ~ H. S l"-Lt --fff GCITY ATTOR'NEY--- '" L. 1 AN ORDINANCE TO AMEND AND 2 REORDAIN SECTION 28-26 OF THE 3 CODE OF THE CITY OF VIRGINIA 4 BEACH, VIRGINIA, PERTAINING TO 5 SEWER MAINTENANCE CHARGES. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 28-26 of the Code of the City of Virginia Beach, 9 Virginia, is hereby amended and reordained to read as follows: 10 Section 28-26. Sewer maintenance charges established. 11 The following monthly maintenance charges are hereby 12 established with respect to all property connected di rectly or 13 indirectly to the public sewer system maintained by the efity: 14 (1) Residential uses: 15 a. Single-family residences: $9.46 $9.65 effective October 16 1, 1990 and $10.58 effective July 1, 1991 and $11. 38 17 effective July 1, 1992. 18 b. Structures with two (2) or more family residential 19 units, and trailer parks: 20 1. First unit or trailer $9.46 $9.65 effective 21 October 1, 1990 and $10.58 effective July 1, 1991 and $11.38 effective July 1, 1992. Each additional unit or trailer $7.10 $7.24 22 23 2. effective October 1, 1990 and $7.94 effective 24 25 July 1, 1991 and $8.54 effective July 1, 1992. 26 c. Hotels and motels: 27 1. For the first room provided for occupancy: 28 $9.46 $9.65 effective October 1, 1990 and $10.58 29 effective July 1, 1991 and $11.38 effective July 1, 1992. 30 31 2. Each additional room for occupancy: $3.80 $3.88 effective October 1, 1990 and $4.25 32 33 effective July 1, 1991 and $4.57 effective July 1, 1992. 34 35 d. Campgrounds: 36 1. For the first space provided: 1;:9.46 $9.65 37 effective October 1,1990 and $10.58 effective 38 39 2. July 1, 1991 and $11.38 effective July 1, 1992. For each additional space provided: C3.aO $3.88 effective October 1, 1990 and $4.25 effective 40 41 July 1, 1991 and $4.57 effective July 1, 1992. 42 e. If a structure or property with two (2) or more family 43 residential units has separate water meters serving each 44 or any individual units, the sewer maintenance charge 45 for the individually metered unit(s) shall be no less 46 than ninc dollars and forty six ccnts C9.46 nine dollars 47 and sixty-five cents $9.65 per water meter effective 48 October 1, 1990 and ten dollars and fifty-eight cents 49 ($10.58) per water meter effective July 1, 1991 and eleven dollars and thirty-eight cents ($11.38) per water meter effective July 1, 1992. 50 51 52 (2) Nonresidential uses: 53 a. For all nonresidential uses in which there is also 54 supplied public water service, the sewer maintenance 55 charge shall be determined by the size of the water tap 56 through which water is provided, as per the following 57 schedule~, effective October 1, 1990. 58 Tap Size Monthly Charge 3/4 inch $ 9.50 $ 9.69 1 inch 12.00 12.24 1 1/2 inch 23.75 24.23 2 inch 36.00 36.72 3 inch 71.00 72.00 4 inch 118.00 120.00 6 inch 237.00 242.00 8 inch 550.00 561.00 10 inch 910.00 928.00 12 inch 1,380.00 1,408.00 59 60 61 62 63 64 65 66 67 68 69 Effective July 1, 1991 for all nonresidential uses in which 70 there is also supplied public water service, the sewer 71 maintenance charge shall be determined by the size of the 72 water tap through which water is provided, as per the 73 following schedule~ 2 74 Tap Size Monthly Charge 75 76 77 78 79 80 81 82 83 84 -114 1 1 1/2 2 3 4 6 8 10 12 inch inch inch inch inch inch inch inch inch inch $ 10.62 13.42 26.55 40.25 79.00 132.00 265.00 615.00 1,017.00 1,543.00 85 Effective July 1, 1992 for all nonresidential uses in which 86 there is also supplied public water service, the sewer maintenance charge shall be determined by the size of the 87 88 water tap through which water is provided, as per the following schedule~ 89 90 Tap Size Monthly Charge 91 92 93 94 95 96 97 98 99 100 3/4 inch 1 inch 1 1/2 inch 2 inch 3 inch 4 inch 6 inch 8 inch 10 inch 12 inch $ 11. 43 14.43 28.57 43.30 85.00 142.00 285.00 662.00 1,095.00 1,660.00 101 b. For all nonresidential uses in which public water 102 service is not available, the monthly charge shall be as 103 follows: 104 1. o - 4 commodes: $19.00 $19.38 effective October 105 1, 1990 and $21. 24 effective July 1, 1991 and $22.85 effective July 1, 1992. 106 107 2. Each additional commode over four (4): $3.80 108 $3.88 per commode effective October 1, 1990 and 109 $4.25 per commode effective July 1, 1991 and 110 $4.57 per commode effective July 1, 1992. III The charges prescr ibed in this section shall be calculated for 112 each service period by multiplying the number of days in the 113 service period by the applicable daily charge for the rates on a 114 twelve month basis. 3 115 Adopted by the Council of the City of Virginia Beach, 116 Virginia on the 14 day of August , 1990. 117 CA-03840 118 \ordin\proposed\28-026.pro 119 R-2 DEPARTMENT APPROVED AS TO LEGAL SYFFIClENCY AND K.RM .1 A. S(~_J " tTY A TTC''';'' 4 1 AN ORDINANCE TO AMEND AND 2 REORDAIN SECTIONS 37-23, 37-46 3 AND 37-47 OF THE CODE OF THE 4 CITY OF VIRGINIA BEACH, 5 VIRGINIA, PERTAINING TO WATER 6 USAGE RATES. 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Sections 37-23, 37-46 and 37-47 of the Code of the City 10 of Virginia Beach, Virginia, are hereby amended and reordained to 11 read as follows: 12 Section 37-23. Use of water for private fire protection systems. 13 (a) No city water shall be used for private fire protection 14 systems, unless the customer installs, at his cost, a detector 15 check valve and by-pass meter of a type and at a location approved 16 by the department of public utilities. 17 (b) The customer shall pay the cost of all labor, materials 18 and equipment for any facili ty installed by the department of 19 public utilities in order to accommodate a private fire protection 20 system, plus twenty-five (25) percent. 21 (c) No person shall use water from a private fire protection 22 system, other than for extinguishing a fire, without the written 23 consent of the director of public utili ties. If water from a 24 private fire protection system is used in a manner not authorized 25 herein, all water usage shall be cut off, unless such unauthorized 26 use is terminated immediately upon notice from the department of 27 public utilities and payment is made for all water so used. 28 (d) No charge shall be made for water used to extinguish 29 fires, but a three dollar afid thi rty five cefit ($3.35) three 30 dollar and forty cent ($3.40) monthly service fee is hereby 31 imposed for reading and maintaining meters and inspecting the 32 systems. 33 Section 37-46. Minimum service availability charges prescribed. 34 Effective October 1, 1990, each consumer shall pay a monthly 35 minimum service availabili ty charge as follows for each meter 36 37 38 39 40 41 42 43 44 45 46 47 48 49 connecting his premises with the city water system: Meter Size Monthly charge 5/8 inch $ 3.35 $ 3.40 3/4 inch 4-o-r5- 4.35 1 inch ~ 6.25 1 1/2 inch 10.55 10.95 2 inch 15.95 16.60 3 inch 28.55 29.75 4 inch 46.55 48.50 6 inch 91. 50 96.00 8 inch 145.50 152.00 10 inch 208.45 218.00 12 inch 388.35 406.00 Fire hydrant meter 28.55 29.75 50 Section 37-47. Water usage rates prescribed. 51 In addition to the charges provided for in section 37-46, 52 each consumer shall pay for water usage the rate of two dollars 53 and fifty one ccnts ($2.51) pcr thousand (1,000) gallons for 1989 54 1990, cffectivc as of July 1, 1989 and two dollars and sixty nine 55 $2.69) pcr thousand (1,000) gallons for 1990 1991, CCRts 56 effcctive July 1, 1990 two dollars and seventy-seven cents ($2.77) 57 per thousand (1,000) gallons for 1990 - 1991, effective as of 58 October 1, 1990 and two dollars and ninety-one cents ($2.91) per 59 thousand (1,000) gallons for 1991 - 1992, effective July 1, 1991 60 and three dollars and one cent ($3.01) per thousand (1,000) 61 gallons for 1992 - 1993, effective July 1, 1992. 62 This ordinance shall become effective on July 1, 1989 October 63 1, 1990. 64 Adopted by the Council of the City of Virginia Beach, 65 Virginia on the 14 , 1990. day of August 66 CA-03839 67 \ordin\proposed\37-046et.pro 68 R-3 DEPART MENT 2 APPROVED AS TO LEGAL SUfFICIENCY p. i.." i'~:/\ I "I. C I.) 1 . ,.x;a.-d . . ,.. -.-.-.- .._. ..:l.oc:.7"""----,--- CITY C - 19 - Item V-J. PUBLIC HEARING I TEM II 33278 PLANN I NG Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: 1. PLANNING - RECONSIDERATION: (a) GOODMAN-SEGAR-HOGAN CONDITIONAL USE PERMIT RECONSIDERATION 2. PLANNING (a) DALLAS NORMAN OF WITCHDUCK LAKE ENTERPRISES CONDITIONAL USE PERMIT (c) TIDEWATER IMPORTS, INC. CONDITIONAL USE PERMIT (d) CONTEL CELLULAR, INC. CONDITIONAL USE PERMIT Aua ust 14. 1990 - 20 - ItemV-J.l.a. PUBLIC HEARING PLANNING - RECONSIDERATION ITEM II 33279 Robert M. stanton, 900 World Trade Center, Norfolk, represented the applicant Upon motion by Councilman Clyburn, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon appl ication of GOODMAN-SEGAR-HOGAN for a Conditional Use Permit: (This application was DENIED on June 11, 1990 and SCHEDULED for Reconsideration on July 2, 1990.) ORD I NANCE UPON APPL I CAT ION OF GOODMAN-S EGAR-HOGAN FOR A COND IT 10NAL USE PERM IT FOR AN OPEN SPACE PROMOTION R08901323 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Goodman-Segar-Hogan for a Cond i t I ona I Use Perm I t for an open space promot i on on certa i n property located on the east side of Indian River Road, 250 feet south of Elbow Road. The parcel contains 167 acres. More detailed Information Is available In the Department of Planning. KEMPSVILLE BOROUGH. The fol lowing conditions shall be required: 1. In accordance with the current Master Street and Highway Plan and the Preliminary Alignment of Elbow Road Relocated on file in the City Engineer's Office, a right-of-way dedication of one hundred twenty-one (121) feet is required through the northwestern port Ion of th I s property I n order to obtain the ultimate right-of-way for a four-lane divided arterial with a scenic buffer. 2. In accordance with the current Master Street and Highway Plan and the Preliminary AI ignment of Indian River Road on file In the City Engineer's Office, approximately one-hundred and one feet (101) of right-of-way Is required along Indian River Road to provide for the ultimate one-hundred and forty-one (141) foot right-of-way for a slx- lane divided arterial with controlled access and scenic buffer. Fifty and one-half (50.5) feet of this required right-of-way shall be a right-of-way dedication The remaining fifty and one-half (50.5) feet shal I be a right-of-way reservation. 3. In accordance with the Salem Canal Phase Two Plan on file In the City Engineer's office, a variable width drainage easement dedication is required along the northern portion of this parcel that fronts on the North Landing River (Salem Canal) in order to obtain the ultimate two-hundred (200) foot drainage easement. 4. The utilization of Best Management Practices for control ling storm water runoff which are reasonably applicable to the development of the site and In keeping with the recommendations for the proposed Back Bay/North Landing River Management District. Auouc:;t 14_ 1qq() - 21 - Item V-J .l.a. PUBLIC HEARING PLANNING - RECONSIDERATION ITEM # 33279 (Continued) 5. All permanent entrances must have at least 60-foot rights-of-way to the first intersecting street. 6. A revised preliminary subdivision plat is required for the new proposal to ensure that all subdivision and zoning requirements are met. 7. Access must be provided to the open space area adjacent to the North Landing River (Salem Canal). This concern shall be resolved during preliminary subdivision review. 8. The two cul-de-sacs located off the 80-foot entrance road pose traffic concerns. The location of these cul-de-sacs shall be resolved during preliminary subdivision review. 9. An additional street tie to the north may be required during preliminary subdivision review. 10. The proposed street between Elbow Road and Elbow Road Relocated poses traffic concerns. During preliminary subdivision review access to Elbow Road Relocated may be restricted. Temporary access may be a viable solution. 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 Fourteenth of August, Nineteen Hundred and Ninety. Voting: 9-2 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, Reba S. McClanan and William D. Sessoms, Jr. Council Members Voting Nay: Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: None - 22 - Item V-J.2.a. PUBLIC HEARING PLANNING ITEM # 33280 The City Clerk referenced the letter of August 14,1990, from Attorney R. J. Nutter, I I, requesting Indefinite Deferral. Said letter Is hereby made a part of the record. Upon motion by Councilman Jones, seconded by Councilman Heischober, City Council DEFERRED for two weeks until the City Counci I Meeting of August 28, 1990, an Ordinance upon application of DALLAS NORMAN of WITCHDUCK LAKE ENTERPRISES for a Conditional Zoning Classification: ORDINANCE UPON APPLICATION OF DALLAS NORMAN OF WITCHDUCK LAKE ENTERPRISES FOR A CONDITIONAL ZONING CLASSIFICATION FROM R-7.5 TO A-12 Ordinance upon application of Dallas Norman of Wltchduck Lake Enterprises for a Conditional Zoning Classification from R-7.5 Residential District to A-12 Apartment District on certain property located at the western terminus of Wltchduck Court. The parcel contains 15.6 acres. Plats with more detailed Information are available in the Department of Planning. BAYS IDE BOROUGH. Voting: 11-0 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, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and WI I I lam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Auaust 14. 1990 - 23 - Item V-J.2.b. PUBLIC HEARING PLANNING ITEM # 33281 Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971, represented the applicant and requested WITHDRAWAL. The following registered In OPPOSITION, but were not OPPOSED to the WITHDRAWAL: WII I lam E. Mahoney, 3036 Bel Ie Haven Drive, Phone: 498-8802 Harold Pennington, 3041 Bel Ie Haven Drive, Phone: 340-9819 Upon motion by Councilman Brazier, seconded by Councilman Jones, City Councl I ALLOWED WITHDRAWAL of the Ordinance upon application of TIDEWATER IMPORTS, INC. for a Conditional Use Permit: ORD I NANCE UPON APPL ICAT ION OF TIDEWATER IMPORTS, INC. FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES AND SERVICE Ord in ance upon app I i cat i on of Tidewater Imports, Inc. for a Conditional Use Permit for motor vehicle sales and service on the north side of Virginia Beach Boulevard, 600 feet west of Kings Grant Road. Said parcel is located at 3152 Virginia Beach Boulevard and contains 4.5 acres. tv10re detailed information is available In the Department of Planning. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold He I schober, Lou Is R. Jones, Pau I J. Lante I gne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and WI I I lam D. Sessoms, Jr. Council Members Voting Nay: None Councl I Members Absent: None ^..~ ..~+ 1 II 1 non - 24 - Item V-J.2.c. PUBLIC HEARING PLANNING ITEM # 33282 Attorney Howard W. Martin, Jr., 1640 Sovran Center, represented the applicant Upon motion by Councilman Lanteigne, seconded by Councilman Sessoms, City Council ADOPTED an Ordinance upon application of CONTEL CELLULAR, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CONTEL CELLULAR, INC. FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION TOWER AND EQUIPMENT BUILDING R08901324 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Contel Cellular, Inc. for a Conditional Use Permit for a communication tower and equipment building on the south side of Indian River Road, 1500 feet more or less west of Princess Anne Road. Said parcel contains 24,350.04 square feet more or less. 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 Fourteenth of August, Nineteen Hundred and Ninety. Councilman Lanteigne encouraged any more development in the future, especially to the South, be in conjunction with the other tower users and the multiple site approach be utilized. Councilman Lanteigne also preferred city owned property be utilized, especially fire stations, highway yards and the firing range as this is the closest to industrial type property in the southern area of the City. Voting: 11-0 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, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None .'\",.,,,co+- 1/, loan - 25 - Item V-K. CONSENT AGENDA ITEM # 33283 Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council APPROVED in ONE MOTION Items 1, 2, 4, 5 a/b/c/d/e/f, 6a/b/c, 7 and 8 of the CONSENT AGENDA. Item No. 3 was APPROVED for DEFERRAL. Voting: 11-0 Council Members Voting Aye: John A. Baum, James Clyburn, Vice Mayor Heischober, Louis R. S. McClanan***, Mayor Parker and William D. W. Brazier, Jr.*, Robert W. Robert E. Fentress, Harold Jones, Paul J. Lanteigne, Reba Meyera E. Oberndorf~}*, Nancy K. Sessoms, Jr.* Council Members Voting Nay: None Council Members Absent: None .r,-Councilman James W. Brazier, Jr., DISCLOSED on Items 5.b./c. pursuant to Section 2.1-639.14(G) of the Code of Virginia, he is a city employee, currently assigned to a position in the Commonwealth Attorney's Office. He will not realize any direct or foreseeable financial benefit or detriment as a result of this transaction and is able to participate in this transaction fairly, objectively and in the public interest. Councilman Brazier's letter of August 7, 1990, is hereby made a part of the record. ~}*Mayor Oberndorf ABSTAINED on Item 5. f, and DISCLOSED pursuant to Section 2.1-639.14(E) of the Code of Virginia, she is a non-paid Director of Tidewater Health Care, the parent corporation of Virginia Beach General Hospital. Mayor Oberndorf's letter of August 7, 1990, is hereby made a part of the record. Councilwoman McClanan voted a VERBAL NAY on Item 2. August 14. 1990 - 26 - Item V-K.1 CONSENT AGENDA ITEM # 33284 Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council ADOPTED : Resolution authorizing the City Manager to purchase a 12,869.66 square foot right-of-way needed for completion of the Hilltop Loop for $93,305.00 from Virginia Bell Wright Irrevocable Trust A and Trust B (LYNNHAVEN BOROUGH). Voting: 11-0 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, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None A11011QT la. lqqn 1 2 3 4 5 6 7 8 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE A 12,869.66 SQ. FT. RIGHT OF WAY NEEDED FOR COMPLETION OF THE HILLTOP LOOP FOR $93,305.00 FROM VIRGINIA BELL WRIGHT IRREVOCABLE TRUST A AND TRUST B LOCATED IN THE CITY OF VIRGINIA BEACH, VIRGINIA. 9 WHEREAS, the City of Virginia Beach proposes to purchase 10 a 12,869.66 sq. ft. right of way from Virginia Bell Wright 11 Irrevocable Trust A and Trust B located and situated in the 12 Lynnhaven Borough as shown on that certain plat entitled, 13 "PRELIMINARY PLAT SHOWING PROPOSED R/W ACQUISITION FOR HILLTOP 14 LOOP FROM VIRGINIA BELL WRIGHT IRREVOCABLE TRUST A AND VIRGINIA 15 BELL WRIGHT IRREVOCABLE TRUST B LYNNHAVEN BOROUGH, VA. BEACH, VAi" 16 and 17 WHEREAS, the City of Virginia Beach for and in 18 consideration of the mutual benefits obtained desires to purchase 19 said 12,869.66 sq. ft. for the completion of Hilltop LOOPi and 20 WHEREAS, the City Council is of the opinion that the 21 12,869.66 sq. ft. are needed for the completion of Hilltop Loop 22 and would be in the public interest and benefit. 23 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 That the City Manager is hereby authorized and directed 26 to purchase said parcel declared to be in the public interest and 27 benefit to the City of virginia Beach. 28 This Resolution shall take effect immediately upon its 29 adoption. 30 Adopted by the City Council of the City of Virginia 31 Beach, Virginia, on the 14 day of August , 19...2Q. 32 33 34 35 36 EEF/kg CA-90-3762 05-18-90 \ordin\noncode\HLwright.res ~P~R~'.'"~ AC' TI"'\ ~:-\ .."::.....~ ,-. ~ -. ,- ,- . .~ C.df1w~ ~ f( -L/) ;. - ~ t M i C!JfaJ..1.! <:Ekilt'lE:) ASia AVAilAbiliTY Of fUNWl. ~A f)~~) City of Virginia Beach, Va..Assistant Cift Manager for Administration '. m~'''C-: -..... 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L'"% !~ ~": ~J -::c \,:'~. .... .~. ~ .s :+-~,.~ ....' "f'::!,?) .' " :. ":_ ~ ".I :,,~t:~;~}'r~ . >~... ,'.',' ..:.ii.'- ~'r;~:-: .... .., {. . '~~r~~l:' . --:-:r " .... 'I ~ .-!:" 1:8.: ~.'~" II- :.[:_,~::: .~ f) 4, .~ .s. 2- Y.. >(l <{. ..J .. ...... .~. -:<' (\/. \ll :z 7- '<1, ..Ill .' ) It I. :: ~ !. ~ I '!: ~ 1 - ';~;;~t,J.,;JVi: J, .. .0. :~. ~. ';.".' , 7 .~. ... ~ J . 'II ~. .,.. 7~~1~ - 27 - Item V-K.2 CONSENT AGENDA ITEM # 33285 Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council ADOPTED : Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia, by ADDING a new Article XXIII to Chapter 2 re creation and functions of the Development Services Department. Voting: 10-1 Council Members Voting Aye: John A. Baum, James Clyburn, Vice Mayor Heischober, Louis R. Meyera E. Oberndorf, Sessoms, Jr. W. Brazier, Jr., Robert W. Robert E. Fentress, Harold Jones, Paul J. Lanteigne, Mayor Nancy K. Parker and William D. Council Members Voting Nay: Reba S. McC1anan Council Members Absent: None August 14, 1990 1 AN ORDINANCE TO AMEND AND REORDAIN 2 THE CODE OF THE CITY OF VIRGINIA 3 BEACH, VIRGINIA, BY ADDING A NEW 4 ARTICLE XXIII TO CHAPTER 2 5 PERTAINING TO THE CREATION AND 6 FUNCTIONS OF THE DEVELOPMENT 7 SERVICES DEPARTMENT 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Article XXIII of Chapter 2 of the Code of the city of 11 virginia Beach, Virginia, is hereby added to read as follows: 12 Section 2-453. Created: composition. 13 There is hereby created a department to be desiqnated as the 14 development services department. which shall consist of a director 15 of the development services department and such other employees as 16 may be prescribed by the councilor by orders of the city manaqer 17 or the director consistent therewith. 18 Section 2-454. Functions. 19 The development services department shall be responsible for 20 the provision of a comprehensive development review process 21 throuqh a coordinated approach that will enhance service to the 22 development community and individuals. The development services 23 department shall also be responsible for the provision of such 24 other services as may be directed by the councilor by orders of 25 the city manaqer or the director consistent with the direction of 26 the council. 27 Adopted by the council of the City of virginia Beach, 28 Virginia on the 14 day of August , 1990. 29 30 31 CA-3879 \ordin\proposed\2-453et.pro R-2 A?n~~"" lED AS TO C();\.fn::;'{fS ~- ~~;~:..-:~.:A'!"":j?r .. - 28 - Item V-K.3 CONSENT AGENDA ITEM # 33286 Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council DEFERRED: Ordinance to AMEND and REORDAIN Section 30-1 of the Code of the City of Virginia Beach, Virginia, re setbacks for excavations for farm ponds and drainage ponds. The City Staff will prepare a BRIEFING illustrated by renderings during the INFORMAL SESSION. Voting: 11-0 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, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None August 14. 1990 - 29 - Item V-K.4 CONSENT AGENDA ITEM # 33287 Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council ADOPTED : Ordinance authorizing and directing the City Manager to execute a mutual fire fighting assistance agreement with Fleet Combat Training Center, Atlantic (Dam Neck). Voting: 11-0 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, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None August 14, 1990 , .~~;..... '. ,....~ (i, '. ------~(~. .... . ~- -.- ._.,.__..~- --- , ... ,... _.__._s..~~\ ._'." .'. '.- (1 ... --~-- ." . , - '. ,"., "t .. 'i 1 2 3 4 5 6 :REC~:~~NAN~~ C~~HOR~~gER AN~~~Ar- EXECUTE A MUTUAL FIRE FIGHTING :P//"-~~-_. ASSISTANCE AGREEMENT WITH FLEET .. COMBAT TRAINING CENTER, ATLANTIC (DAM NECK) 7 WHEREAS, Virginia State law and United States statutes 8 authorize local governments and federal agencies to enter into 9 reciprocal agreements for mutual aid and cooperation in the 10 furnishing of fire fighting services; and 11 WHEREAS, it is deemed mutually beneficial to the City of 12 Virginia Beach and the Fleet Combat Training Center, Atlantic (Dam 13 Neck), located within the City limits, to enter into an agreement 14 concerning mutual aid and cooperation with regard to fire 15 protection, increasing the ability of both parties to promote fire 16 safety in their respective jurisdictions; 17 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: 19 That the accompanying Mutual Fire Fighting Assistance 20 Agreement is approved, and the City Manager and Chief of Fire 21 Protection are directed to execute said Agreement on behalf of the 22 City of Virginia Beach. 23 Adopted by the Council of the City of Virginia Beach, 24 virginia, on the 14 day of August , 1990. 25 WEB/sam 26 CA-90-3877 27 \ordin\noncode\fireagr.ord MUTUAL FIRE FIGHTING ASSISTANCE AGREEMENT THIS AGREEMENT, made and entered into this day of 1990, by and between the City of Virginia Beach, Virginia and the Fleet Combat Training Center, Atlantic, Dam Neck, Virginia Beach, Virginia. WITNESSETH: WHEREAS, each of the parties hereto maintains equipment and personnel for the suppression of fires and for emergency rescue services within its own jurisdiction and areas; and WHEREAS, the parties hereto desire to augment the fire protection and emergency rescue services available in their respective jurisdictions in the event of large fires, explosions or similar emergencies; and WHEREAS, the lands or districts of the parties hereto are adjacent or contiguous so that mutual assistance in a fire emergency is deemed feasible; and WHEREAS, it is the policy of the Navy Department and of municipal governments to conclude such agreements wherever practicable; and WHEREAS, it is mutually deemed to be sound, desirable, practicable, and beneficial for the parties to this Agreement to render assistance to one another in accordance with these terms; THEREFORE BE IT AGREED THAT: 1. Whenever it is deemed advisable by the senior officer of a fire department belonging to a party to this Agreement, or by the senior officer of any such fire department actually present at any fire, to request fire fighting or rescue assistance under the terms of this Agreement, he is authorized to do so. The senior officer on duty of the fire department receiving the request shall forthwith take the following action: a. Immediately determine if apparatus and personnel can be spared in response to the call. b. What apparatus and personnel might most effectively be dispatched. c. The exact mission to be assigned in accordance with the detailed plans and procedures of operation drawn in accordance with this Agreement by the technical heads of the fire departments involved. d. Forthwith dispatch such apparatus and personnel as, in the judgment of the senior officer receiving the call, should be sent with complete instructions as to the mission in accordance with the terms of this Agreement. Provided, however, that when a call for assistance is received by a Navy fire department, it shall be referred at once to the Commanding Officer of the activity concerned or his duly authorized Duty Officer, before any equipment or personnel is dispatched. 2. The rendering of assistance under the terms of this Agreement shall not be mandatory, but the party receiving the request for assistance should immediately inform the requesting service if, for any reason, assistance cannot be rendered. 2 3. Each party to this Agreement waives all claims against the other party or parties for compensation for any loss, damage, personnel injury or death occurring in consequence of the performance of this Agreement. a. All services performed under this Agreement shall be rendered without reimbursement of either party or parties. 4. The Fire Chief or his designated representative of the fire department of the requesting service shall assume full charge of the operations, but if he specifically requests a senior officer of a fire department furnishing assistance to assume command, he shall not, by relinquishing command, be relieved of his responsibility for the operation; provided, that the apparatus, personnel, and equipment of the agency rendering assistance shall be under the immediate supervision of, and shall be the immediate responsibility of the senior officer of the fire department rendering assistance. 5. The chief fire officers and personnel of the fire departments of both parties of this Agreement are authorized and directed to meet and draft any detailed plans and procedures of operation necessary to e.ffectively implement this Agreement. Such plans and procedures of operations shall become effective upon ratification by the signatory parties. 7. This Agreement shall become effective upon the date hereof and shall remain in full force and effect until canceled by mutual agreement of the parties hereto or by written notice by one 3 party to the other party, giving ten (10) days notice of said cancellation. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day of , 1990. CITY OF VIRGINIA BEACH City Manager Fire Chief ATTEST: City Clerk FLEET COMBAT TRAINING CENTER, ATLANTIC, DAM NECK, VA BEACH Commanding Officer Fire Chief ATTEST: 4 - 30 - Item V-K.S.a. CONSENT AGENDA ITEM # 33288 Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council ADOPTED upon SECOND READING: Ordinance to APPROPRIATE $625,000 in Multi-Family Rehabilitation Loan and Energy Grant Funds from the Virginia Department of Housing and Community Development. Voting: 11-0 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, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None _..L 1 J_ 1 n('\f"\ REQUESTED BY:DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION AN ORDINANCE TO APPROPRIATE $625,000 IN MULTIFAMILY REHABILITATION LOAN AND ENERGY GRANT FUNDS FROM THE VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT WHEREAS, the Commonwealth of Virginia has established the Virginia Housing Partnership Fund to encourage the improvement of hOUS\~g opportunities for lower-income Virginians; and WHEREAS, the Virginia Department of Housing and Community Development has established a program entitled the Multifamily Rehabilitation and Energy Conservation Loan Program, which authorizes local governments to make loans to citizens to provide for the rehabilitation of multifamily housing units; and WHEREAS, the Virginia Department of Housing and Community Development has informed the City that a reservation in the amount of $625,000 has been set aside for the City for such rehabilitation loans; NOW, THEREFORE BE IT ORDAINED THAT the loan reservation in the amount of $625,000 be appropriated for the purpose of making such loans and that revenue from the Commonwealth be increased in that amount; and BE IT FURTHER ORDAINED THAT the City of Virginia Beach will comply with all requirements of this program as set forth by the Virginia Department of Housing and Community Development. Adopted by the Council of the City of Virginia Beach on the ___...m~_~.____.. day of _~1:!~us~_._______, 1990. APP~ROVED AS T:;~ __.._._...._._ _0.__'- .,..__..._____.._:~_._..._ ..-.------- Marya I. Ust ick, . tor Department of Housing and Neighborhood Preservation FIRST READING: August 7, 1990 SECOND READING: August 14, 1990 - 31 - Item V-K.S.b. CONSENT AGENDA ITEM # 33289 Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council ADOPTED upon SECOND READING: Ordinance to APPROPRIATE $49,782 from the State Department of Criminal Justice Systems through the Anti-Drug Abuse Act of 1988. Voting: 11-0 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, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None *Councilman James W. Brazier, Jr., DISCLOSED on Items Sb/c. pursuant to Section 2.1-639.14(G) of the Code of Virginia, he is a city employee, currently assigned to a position in the Commonwealth Attorney's Office. He will not realize any direct or foreseeable financial benefit or detriment as a result of this transaction and is able to participate in this transaction fairly, objectively and in the public interest. Councilman Brazier's letter of August 7, 1990, is hereby made a part of the record. 1 2 3 4 AN ORDINANCE TO APPROPRIATE $49,782 FROM THE STATE DEPARTMENT OF CRIMINAL JUSTICE SYSTEMS AND TRANSFER $12,446 FROM GENERAL FUND RESERVES TO THE FY 90-91 OPERATING BUDGET 5 WHEREAS, the State Department of Criminal Justice Systems has provided 6 grant funds to local law enforcement agencies to enhance investigation of 7 trafficking in illegal drugs and the apprehension of persons suspected of 8 violating drug laws; 9 WHEREAS, the Virginia Beach Police Departm,ent has applied for and been 10 notified by the state of the grant award totalling ~$49, 782, "'iith a required 10.ca1 11 match of $12,446; 12 WHEREAS, these funds shall be used for overtime compensation for increased 13 narcotics investigation activities and additional narcotics s\~rvei11an~e 14 equipment, as requested in the grant application. 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGIN-IA 16 BEACH, VIRGINIA, that funds in the amount of $49,782 to be provided by a state 17 DCJS grant be appropriated to the FY90-91 Operating Budget to be offset by a 18 corresponding increase in estimated revenues; 19 BE IT FURTHER ORDAINED THAT funds in the amount of $12,446 be transferred 20 from General Fund Reserves to the FY90-91 Operating Budget as the required match 21 from the city. 22 This ordinance shall be in effect from the date of its adoption. 23 Adopted the 14 day of August , 1990, by the Council of the City of 24 Virginia Beach, Virginia. 26 Second reading: August 7. 1990 Augsut 14, 1990 25 First reading: - 32 - Item V-K.S.c. CONSENT AGENDA ITEM # 33290 Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council ADOPTED upon SECOND READING: Ordinance to ACCEPT and APPROPRIATE $24,389 Grant from the Commonwealth of Virginia Department of Criminal Justice re Victim Witness Program; and, provide one full-time temporary grant position for a Victim Witness Assistant. Voting: 11-0 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, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None *Councilman James W. Brazier, Jr., DISCLOSED on Items Sb./c. pursuant to Section 2.1-639.14(G) of the Code of Virginia, he is a city employee, currently assigned to a position in the Commonwealth Attorney's Office. He will not realize any direct or foreseeable financial benefit or detriment as a result of this transaction and is able to participate in this transaction fairly, objectively and in the public interest. Councilman Brazier's letter of August 7, 1990, is hereby made a part of the record. A.._..~... 1/. 100n 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $24,389 GRANT 2 FROM THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF 3 CRIMINAL JUSTICE FOR THE VICTIM WITNESS PROGRAM 4 WHEREAS, the Victim Witness Program of the Office of the Commonwealth's 5 Attorney provides to victims of crime services which include counseling, court 6 information, referrals, travel arrangements, travel and forensic reimbursements, 7 escorts to court, and communication with the Commonwealth's Attorney; 8 WHEREAS, the Victim Wi tness Coordinator has pursued various grants to fund 9 staff in addition to the three full-time positions and operational support funded 10 by the city; 11 WHEREAS, a grant commitment of $24,389 has been provided by the State 12 Department of Criminal Justice for use in funding the salary of a Victim Witness 13 Assistant, associated fringe benefits, supplies, travel, and equipment; 14 WHEREAS, there is no obligation on the part of the city to continue the 15 grant program beyond the one year of funding provided by the Department of 16 Criminal Justice and no matching funds or supplement need be provided by the " 17 city. 18 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 19 BEACH, VIRGINIA that a grant from the Department of Criminal Justice in the 20 amount of $24,389 be accepted and appropriated to the Victim Witness Program and 21 that estimated revenue from the Commonwealth be increased by $24,389. 22 BE IT FURTHER ORDAINED that one full-time temporary grant position be 23 created for the duration of the grant or for as long as grant funds are 24 available. 25 This ordinance shall be effective from the date of its adoption. 26 Adopted by the Council of the City of Virginia Beach, Virginia on the 27 14 day of Augus,t 1990. 28 First Reading August 7, 1990 29 Second Reading August 14, 1990 - 33 - Item V-K.5.d. CONSENT AGENDA ITEM # 33291 Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council ADOPTED upon SECOND READING: Ordinance to ACCEPf and APPROPRIATE $23,283 from the State Department of Mental Health, Mental Retardation and Substance Abuse Services re additional administrative funding for one full-time permanent Accountant I position as Reimbursement Manager. Voting: 11-0 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, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None ^..~..~t- 1 j. 1 aan 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS IN THE AMOUNT OF $23,283 FROM THE STATE 3 DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION, AND 4 SUBSTANCE ABUSE SERVICES FOR ADDITIONAL 5 ADMINISTRATIVE FUNDING 6 WHEREAS, the General Assembly appropriated $1,176,495 in additional 7 funds for administrative positions in local Mental Health/Mental 8 Retardation/Substance Abuse Agencies to help implement the Medicaid initiative; 9 WHEREAS, the state has notified the Mental Health/Mental 10 Retardation/Substance Abuse Department of additional allocations of $23,283 from 11 these administrative funds; 12 WHEREAS, these state administrative funds require no local matching 13 funds; 14 WHEREAS, these funds will be used to employ one full-time equivalent 15 Accountant I position as a reimbursement manager to transition the Mental 16 Health/Mental Retardation/Substance Abuse Department system for compliance with 17 medicaid regulations; 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 That funds in the amount of $23,283 from the State Department of Mental 21 Health/Mental Retardation/Substance Services be accepted and appropriated to the 22 Mental Health/Mental Retardation/Substance Abuse Special Revenue Fund and that 23 revenue from the state government be increased by $23,283; and, that 1.0 24 additional full time permanent position be authorized for reimbursement 25 management only for the term of the grant. 26 This ordinance shall be in effect from the date of its adoption. 27 Adopted by the Council of the City of Virginia Beach, Virginia on the 14 day of August , 1990. 28 29 First Reading August 7, 1990 30 Second Reading August 14, 1990 - 34 - Item V-K.5.e. CONSENT AGENDA ITEM # 33292 Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council ADOPTED upon SECOND READING: Ordinance To APPROPRIATE $17,500 from the Marine Science Museum Enterprise Fund's Retained Earnings to FY 1990-1991 Operating Budget re purchase of a replacement aquarium tank. Voting: 11-0 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, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None A..~..~<- 1/, 10011 1 AN ORDINANCE TO APPROPRIATE $17,500 FROM THE 2 MARINE SCIENCE MUSEUM ENTERPRISE FUND'S RETAINED EARNINGS 3 TO THE FY 90-91 OPERATING BUDGET 4 WHEREAS, the Virginia Marine Science Museum has a 2,000 gallon exhibit 5 aquarium tank which is fractured and poses a safety hazard; 6 WHEREAS, sufficient funds exists in the retained earnings of the Marine 7 Science Enterprise Fund to purchase a replacement tank. 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA, that funds in the amount of $17,500 be appropriated from the 10 Marine Science Enterprise Fund's retained earnings to the FY 90-91 Operating 11 Budget to purchase a replacement aquarium tank. 12 This ordinance shall be in effect from the date of its adoption. 13 Adopted the 14 day of August , 1990, by the Council of the City of 14 Virginia Beach, Virginia. 15 First reading: August 7, 1990 16 Second reading: August 14, 1990 - 35 - Item V-K.5.f. CONSENT AGENDA ITEM # 33293 Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council ADOPTED upon SECOND READING: Ordinance to APPROPRIATE $10,138 within FY 1990- 1991 Operating Budget of Department of Social Services re employment of one part-time eligibility worker to be stationed at Virginia Beach General Hospital. 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, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Mayor Meyera E. Oberndorf Council Members Absent: None ~~Mayor Oberndorf ABSTAINED on Item 5. f, and DISCLOSED pursuant to Section 2.1-639.14(E) of the Code of Virginia, she is a non-paid Director of Tidewater Health Care, the parent corporation of Virginia Beach General Hospital. Mayor Oberndorf's letter of August 7, 1990, is hereby made a part of the record. All0W'lt 14_ 1qqO 1 AN ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT 2 OF $10,138 WITHIN THE FY 90-91 OPERATING BUDGET OF THE DEPARTMENT 3 OF SOCIAL SERVICES IN ORDER TO EMPLOY ONE PART-TIME 4 ELIGIBILITY WORKER OUTSTATIONED AT VIRGINIA 5 BEACH GENERAL HOSPITAL 6 WHEREAS, Virginia Beach General Hospital absorbs the costs of medical 7 care for a significant number of patients who are eligible for state and federal 8 funds to cover care of the medically indigent; 9 WHEREAS, Virginia Beach General Hospital has allocated funds to 10 reimburse the City of Virginia Beach for a part-time Eligibility Worker who will 11 be outstationed at Virginia Beach General Hospital; 12 WHEREAS, an outstationed eligibility worker at the hospital will 13 determine eligibility prior to the patients discharge and improve the current 14 situation of patient failures to respond with financial information; 15 WHEREAS, only a Department of Social Service's employee can certify 16 eligibility for Medicaid and State Local Hospitalization Funds; 17 WHEREAS, a contract has been developed and this has proven to be an 18 effective arrangement in other localities; 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 $10,138 be appropriated within the FY90/9l 22 Budget of the Department of Social Services and that revenues of the Department 23 be increased by $10,138 and that .5 additional position be authorized for the 24 length of the contract. 25 AND BE IT FURTHER ORDAINED, that the City Manager is authorized to enter 26 into a contract to establish and implement such a program. 27 This ordinance shall be in effect from the date of its adoption. 28 Adopted by the Council of the City of Virginia Beach, Virginia on the 14 day of August , 1990. 29 August 7, 1990 30 First Reading 31 Second Reading August 14, 1990 - 36 - Item V-K.6.a. CONSENT AGENDA ITEM # 33294 Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council APPROVED upon FIRST READING: Ordinance 0 APPROPRIATE $53,887 re four additional positions in the Sheriff's Office for FY 1990-1991. Voting: 11-0 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, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Al1nll",t- 1/, loon 1 AN ORDINANCE TO APPROPRIATE $53,887 2 TO FUND FOUR ADDITIONAL POSITIONS 3 IN THE SHERIFF'S OFFICE FOR FY 90-91 4 WHEREAS, the Compensation Board of the Commonwealth is aware 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 WHEREAS, 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 BY 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 day of , 1990. 22 This ordinance shall be in effect from the date of its adoption. 23 First Reading: August 14,1990 24 Second Reading: - 37 - Item V-K.6.b CONSENT AGENDA ITEM # 33295 Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council APPROVED upon FIRST READING: Ordinance 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 accommodate the Subregional Library for the Blind and Visually Handicapped. Voting: 11-0 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, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None A.._.._" 1/, 100() 1 2 3 AN ORDINANCE TO ACCEPT AND APPROPRIATE $16,924 IN STATE GRANT FUNDS TO THE FY 90-91 OPERATING 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 I 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 18 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 day of , 1990, by the Council 24 of the city of Virginia Beach, Virginia. 25 First reading: August 14, 1990 26 Second reading: - 38 - Item V-K.6.c CONSENT AGENDA ITEM # 33296 Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council APPROVED upon FIRST 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: 11-0 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, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None August 14, 1990 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS IN THE AMOUNT OF $13,583 FROM THE STATE 3 DEPARTMENT FOR CHILDREN, CONSORTIUM ON 4 CHILD MENTAL HEALTH 5 6 WHEREAS, the Department of Mental Hea1th/Menta1/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 WHEREAS, 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 Health be accepted and appropriated to the 23 Mental Health/Mental Retardation/Substance Abuse Special Revenue Fund and that 24 revenue from the state government be increased by $13,583. 25 This ordinance shall be in effect from the date of its adoption. 26 Adopted by the Council of the City of Virginia Beach, Virginia on the 27 day of , 1990. 28 First Reading August 14, 1990 29 Second Reading - 39 - Item V-K. 7 CONSENT AGENDA ITEM # 33297 Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council ADOPTED : Ordinance to TRANSFER $32, 662 wi thin the FY 1989- 1990 Operating Budget to the City Treasurer's Budget re offset cost of additional expenditures. Voting: 11-0 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, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None \I 1 AN ORDINANCE TO TRANSFER $ 32,662 WITHIN 2 THE FY 1989-90 OPERATING BUDGET TO COVER ADDITIONAL 3 EXPENDITURES IN THE CITY TREASURER'S BUDGET 4 WHEREAS, as a result of unforseen costs which include increased use of 5 temporary clerical staff, increased volume in mailings, and the purchase of 6 a Public Officials Bond required every four years, expenditures have exceeded 7 appropriations by $ 32,662 in the City Treasurer's FY 1989-90 Operating Budget; 8 WHEREAS, the additional amount needed may be obtained by transfers within 9 the FY 1989-90 Operating Budget; 10 NOW THEREFORE BE IT ORDAINED BY THE CITY OF VIRGINIA BEACH, VIRGINIA, that 11 $32,662 be transferred within the FY 1989-90 Operating Budget to the Treasurer's 12 budget to offset the cost of additional expenditures. 13 This ordinance shall be effective from the date of its adoption. 14 Adopted by the Council of the City of Virginia Beach, Virginia on 15 14th day of August , 1990. - 40 - Item V-K.8 CONSENT AGENDA ITEM # 33298 Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council ADOPTED: Ordinance appointing viewers in the petition of David Throckmorton and Florine Horay, for the closure of a portion of Hutton Lane (LYNNHAVEN BOROUGH) . The Viewers are: David G. Grochmal Director of General Services C. Oral Lambert, Jr. Director of Public Works Robert J. Scott Director of Planning Voting: 11-0 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, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None All0llC::d- 11.. loan I' I I I ,I Ii .' II I: il ,I 11 Ii Ii d Ii If Ii j, j: I Ii Ii Ii Ii Ii Ii I: I, I: If Ii I' I; !I I, J1 I: Ii Ii Ii II I; II Ii II I! ., ~ j i: I jl II II I, , I i i I I I I I I! Ii " ! i I I i I Ii Ii Ii I! Ii I I I I II I i i I I I Ii I: I; , I , ! i i cox AND cox I Attorneys at Law I! Virginia Beach, Virginia ,i ,I ,i II II Ii d " Ii ii j( !, NOTICE PLEASE TAKE NOTICE, that at the meeting of the City Council of the City of Virginia Beach, Virginia, to be held on the 14th day of August, 1990 at 6: 00 p.m., at the City Hall of the City of Virginia Beach, Princess Anne Station, the undersigned will petition the Council for the appointment of viewers to view the below-described portion of that certain street and report to the City Council whether in the opinion of the Viewers, what, if any, inconvenience would result from the vacating, closing and discontinuance of same, the said portion of said street being described as follows: Beginning at a pin at the northernmost point of Lot 20 on the west side Old Hutton Lane, thence along a curve to the left with a radius of 340.00 feet an arc distance of 82.28 feet to a pin; thence, along a curve to the right with a radius of 280.00 feet an arc distance of 87.21 feet to a pin; thence S 080 05' 15" W 102.56 feet to a pin in the northern boundary of the right-of-way of Virginia Beach Boulevard; thence turning and running S 720 14' 45" E, 30.43 feet along the right-of way of Virginia Beach Boulevard to a pin; thence turning and running N 080 05' 15" E, 107.67 feet to a pin; thence, along a curve to the left with a total radius of 310.00 feet an arc distance of 43.88 feet to a pin and an arc distance of 52.67 feet to a pin; thence, along a curve to the right with a radius of 310.00 feet an arc distance of 75.02 feet to a point; thence turning and running N 850 53' 33" W 30.00 feet to the point of beginning. All the above, as shown upon that certain physical survey made by Basgier and Associates dated January 13, 1989, entitled "LOT 20, Subdivision of HUTTON TERRACE being Site A Resubdivision of Site No.1 OCONEE PARK (M.B. 119, p. ~5) and Site 8 + 8B as shown on Revised Plat Showing Right- of-Way Dedicated to the City of Virginia Beach, Virginia (M.B. 115, p. 34)". At that time, anyone affected may appear and present his views. After the report of the Viewers is received, at the next regular meeting of the City Council, or as soon thereafter as the matter may be placed on the agenda, the undersigned will l.oI A II I I II I' II II I I i ! I: il Ii i I ; Ii ,I I: P ,I J: II I! II !i II II " Ii ,I Ii ii 'I Ii 'i II Ii Ij ,. 'I !' ]j Ii II II il I; I' II '! '. I Ii d II ii II Ii II II ii !j I; Ii II II I j , I I, II " il 'I 11 Ii II 'I cox AND COX AnorneyS al Law Virginia Beach, Virginia II I Petition the City Council to vacate, close and discontinue that portion of Hutton Lane in the City of Virginia Beach, Virginia, described above. DAVID THROCKMORTON ::ORI:p~a Of Counsel E. Leslie Cox, Esquire Cox and Cox 611 Lynnhaven Parkway, Suite 100 Virginia Beach, Virginia 23451 . 1. I I COX AND COX I Attorneys at Law i Virginia Beach, Virginia! I i I i I IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET, KNOWN AS HUTTON LANE, AS SHOWN UPON THAT CERTAIN PHYSICAL SURVEY ENTITLED, "LOT 20, SUBDIVISION OF HUTTON TERRACE BEING SITE A RESUBDIVISION OF SITE NO. 1 OCONEE PARK (M.B. 119, P. 25) AND SITE 8 + 8B AS SHOWN ON REVISED PLAT SHOWING RIGHT-OF-WAY DEDICATED TO THE CITY OF VIRGINIA BEACH, VIRGINIA (M.B. 115, P.34), FOR DAVID THROCKMORTON AND FLORINE HORAY, WHICH PLAT IS ATTACHED HERETO. PETITION Ii TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY 01<' 1: VIRGINIA BEACH, VIRGINIA i: Your Petitioner, David Throckmorton and Florine Horay, i ii 1: ii j: I! Ii I Ii !' I: I i, I I, i: I: !, respectfully represent as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the Petitioner applies for the vacating, closing and discontinuance of a portion of that certain street which is more specifically described as follows: I' I i i I' Ii I' " Beginning at a pin at the northernmost point of Lot 20 on the west side Old Hutton Lane, thence along a curve to the left with a radius of 340.00 feet an arc distance of 82.28 feet to a pin; thence, along a curve to the right with a radius of 280.00 feet an arc distance of 87.21 feet to a pin; thence S O~o 05' 15" W 102.56 feet to a pin in the northern boundary of the right-of-way of Virginia Beach Boulevard; thence turning and running S 72- 14' 45" E, 30.43 feet along the right-of way of Virginia Beach Boulevard to a pin; thence turning and running N 080 05' 15" E, 107.67 feet to a pin; thence, along a curve to the left with a total radius of 310.00 feet an arc distance of 43.88 feet to a pin and an arc distance of 52.67 feet to a pin; thence, along a curve to the right with a radius of 310.00 feet an arc distance of 75.02 feet to a point; thence turning and running N 850 53' 33" W 30.00 feet to the point of beginning. if i: ! Said parcel of land being a portion of Hutton Lane, as indicated on that certain physical survey entitled "LOT 20, Subdivision of HUTTON TERRACE being Site A Resubdivision ot site No.1 OCONEE PARK (M.B. 119, p. 25) and Site 8 + 8B as shown on Revised Plat Showing Right-of-Way Dedicated to the city of Virginia Beach, Virginia (M.B. 115, p. 34)", which I a1~ i I i I I COX AND cox' Anorneys at Law Virginia Beach, Virginia survey is attached hereto and made a part hereof. ~. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of said street; and the Petitioner prays that this Honorable Council appoint viewers as provided by law to view said platted street proposed to be closed and to report in writing to the Council on or before the as to whether in the opinion of said Viewers, what inconvenience, if any, would result from the discontinuance and closing of this portion of said street, as herein reported and described. 3. That on July 15, 1990, and on July 22, 1990, notice of the presenting of this application was published in the Beacon, a newspaper of general circulation in the City of Virginia Beach, Virginia. 4. That the fee simple owners of all land along and adjacent to and affected by said portion of the platted street are your Petitioners herein, David Throckmorton and Florine Horay, 324 Hutton Lane, Virginia Beach, Virginia. Respectfully Submitted, David Throckmorton and ::ori~~CL Of counsel E. Leslie Cox, Esquire Cox and Cox 611 Lynnhaven Parkway Suite 100 Virginia Beach, Virginia 23452 i , I Ii II II II ,I I: Ii Ii :i j; ,i i I: I! I I' Ii Ii II Ii ii Ii Ii I: I' ,I iI I' Ii II I' i: ~ ! Ii I' I' I' Ii II Ii II Ii II II I: Ii " 'i ! ,I I' 'I I I II I , I I , COX AND COX Ii Allorneys at Law I ! Virginia Beach. Virginia I i I' II :! Ii II AFFIDAVIT STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, E. Leslie Cox, attorney for David Throckmorton and Florine Horay, being first duly sworn, deposes and states: 1 . That I am an attorney at law and represent David Throckmorton and Florine Horay. 2. That on July 15, 1990 and on July 22, 1990, notice of the presenting of the application to close a portion of that certain street known as Hutton Lane on behalf of David Throckmorton and Florine Horay, was published in the Beacon, a newspaper of general circulation in the City of Virginia Beach, Virginia. And further the deponent saith not. -e~4 E. LESLIE COX I LA COX AND COX ATTORNEYS AT lAW 611 LYNNHAVEN PARKWAY. SUITE 100 VIRGINIA BEACH. VIRGINIA 23452 TELEPHONE (804) 486-4650 CARRO LLYN C. COX EDWARD LESLIE COX July 10, 1 9 91J . '~. ..~.. .'1(" s'-rl')"\;" 1;1: ", r:~ '''' ,., . ". \- >'-"1' , , , .;J'" ....J" ( .' ; ~ \...., William C. Bunch, Jr., Esquire City Attorney's Office City of Virginia Beach Princess Anne station Municipal Center Virginia Beach, VA 234S6 ~t t~ .ft ~n(.\1 I , ~. " ~ :',.';t': .,~..' ,I ; .. ; / "~L~j Ot::PT'. OF LA W Dear Sir: I, E. Leslie Cox, attorney for David Throckmorton and Florine Horay, do hereby certify that: "I. I am an attorney at law and represent David Throckmorton and Florine Horay, the petitioners. L. If the property described below is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said property will vest in David Throckmorton and Florine Horay, the adj acent landowners and the holders of the underlying fee in said property. The said property referred to herein is hereby described as follows: Beginning at a pin at the northernmost point of Lot 20 on the west side Old Hutton Lane, thence along a curve to the left with a radius of 340.00 feet an arc distance of 82.28 feet to a pin; thence, along a curve to the right with a radius of 280.00 feet an arc distance of 87.21 feet to a pin; thence S 080 OS' 1S" W 102.S6 feet to a pin in the northern boundary of the right-of-way of Virginia Beach Boulevard; thence turning and running S 72 u 14' 4S" E, 30.43 feet along the right-of way of Virginia Beach Boulevard to a pin; thence turning and running N 080 OS' 1S" E, 107.67 feet to a pin; thence, along a curve to the left with a total radius of 310.00 feet an arc distance of 43.88 feet to a pin and an arc ddo ~ distance of 52.67 feet to a pin; thence, along a curve to the right with a radius of 310.00 feet an arc distance of 75.02 feet to a point; thence turning and running N 850 53 I 33" W 30.00 feet to the point of beginning. Very ~..~ ~ Y..ou[1' U / '. / ---G.1 ~ . E. LESLIE COX ELC/kpp 1{M1./) COX AND COX Attorneys at Law Virgioia Beach, i I Ii 11 Ii Ii Ii !I ORDINANCE APPOINTING VIEWERS WHEREAS, David Throckmorton and Florine Horay have given ; I, due and proper notice, in acordance with the statutes for I' I. I i such cases made and provided that they will on the 14th day of August, 1990, apply to the City Council of the City of i: i i Virginia Beach, Virginia, for the appointment of Viewers to I I view the below-described property and report in writing to the council whether, in the opinion of said Viewers, any, and if what inconvenience would result from the any, discontinuance of the hereinafter described portion of that certain street of variable width, and has filed such application with said Council. NOW THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT c. Oral Lambert, Jr. , and Robert J. Scott David M. Grochmal are hereby appointed to view the below described property and report in writing to the Council, as soon as possible, whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of a portion of that certain street of variable width located in the city of Virginia Beach, Virginia, and more particularly described as follows: Beginning at a pin at the northernmost point of Lot 20 on the west side Old Hutton Lane, thence along a curve to the left with a radius of 340.00 feet an arc distance of 82.28 feet to a pin; thence, along a curve to the right with a radius of 280.00 feet an arc distance of 87.21 feet to a pin; thence S 080 05' 15" W 102.56 feet to a pin in the northern boundary of the right-of-way of Virginia Beach Boulevard; thence turning and running S 72u 14' 45" E, 30.43 feet along the right-of way of Virginia Beach Boulevard to a pin; thence turning and running N 080 05' 15" E, 107.67 feet to a pin; thence, along a curve to the left with a total radius of 310.00 feet an arc distance of 43.88 feet to a pin and an arc distance of 52.67 feet to a pin; thence, along a curve to the right with a radius of 310.00 feet an arc distance of 75.02 feet to a point; thence turning and running N 850 53' 33" W 30.00 feet to the point of beginning. A.LJ , Ii Ii I: I; Ii Ii I Ii i! I: I' I, I il I Ii Ii II !: I: i! I I ~ I: i: I' Ii Ii i' i! I) Ii i' i' I " Ii Ii Ii II " I: 'I Ii Ii !i Ii II , I i II Ii I i i I Ii II Ii Ii I COX AND COX : Attorneys at Law I Virgi(lia Beach. Virginia I I II II Ii Ii I' , i' !; i I i i i II I i All the above as shown upon that certain physical survey entitled "LOT 20, Subdivision of HUTTON TERRACE being Site A Resubdivision of Site No.1 OCONEE PARK (M.B. 119, p. 25) and Site 8 + 8B as shown on Revised Plat Showing Right-of-Way Dedicated to the City of Virginia Beach, Virginia (M.B. 115, p. 34) for David Throckmorton and Florine Horay" which plat is attached hereto and made a part hereof. ADOPTED: August 14, 1990 I I J_n i COX AND COX!! Attorneys al Law i: Virginia Beach, Virginia I : I' ,I " 1i !\ 11 I' ii 'i !I I' ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH, KNOWN AS HUTTON LANE, AS SHOWN UPON THAT CERTAIN PHYSICAL SURVEY ENTITLED "LOT 20, SUBDIVISION OF HUTTON TERRACE BEING SITE A RESUBDIVISION OF SITE NO. 1 OCONEE PARK (M.B. 119, P. 25) AND SITE 8 + 8B AS SHOWN ON REVISED PLAT SHOWING RIGHT-OF- WAY DEDICATED TO THE CITY OF VIRGINIA BEACH, VIRGINIA (M.B. 115, P.34), FOR DAVID THROCKMORTON AND FLORINE HORAY" WHICH PLAT IS ATTACHED HERETO. WHEREAS, it appearing by affidavit that proper notice has been given by David Throckmorton and Florine Horay, that they would make application to the Council of the City of Virginia Beach, Virginia, on August 14, 1990, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated; NOW THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated: il " " ., f: , Beginning at a pin at the northernmost point of Lot 20 on the west side Old Hutton Lane, thence along a curve to the left with a radius of 340.00 feet an arc distance of 82.28 feet to a pin; thence, along a curve to the right with a radius of 280.00 feet an arc distance of 87.21 feet to a pin; thence S 080 05' 15" W 102.56 feet to a pin in the northern boundary of the right-of-way of Virginia Beach Boulevard; thence turning and running S 720 14' 45" E, 30.43 feet along the right-of way of Virginia Beach Boulevard to a pin; thence turning and running N 080 05' 15" E, 107.67 feet to a pin; thence, along a curve to the left with a total radius of 310.00 feet an arc distance of 43.88 feet to a pin and an arc distance of 52.67 feet to a pin; thence, along a curve to the right with a radius of 310.00 feet an arc distance of 75.02 feet to a point; thence turning and running N 850 53' 33" W 30.00 feet to the point of beginning. i: II i II said parcel of land designated as "Hutton Lane" as indicated on that certain plat of property in Virginia Beach, Virginia, which plat is to be recorded in the Clerk's Office GPIN# .IL..A. Ii iI Ii 11 It I' Ii Ii .' !: I' 11 " Ii I; Ii ii II Ii Ii i! Ii ~ : !i I' I! ii COXANDCOXij Anorneys at Law II Virgillia Beach, Virginia I i 'I i I I " 'I Ii II of the Circuit Court of the City of Virginia Beach, Virginia, upon adoption of this ordinance, and is made a part hereof by reference. SECTION II A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia i , I: I I. Ii I' i: II i ~ !: i: I 1i Ii i: Ii Ii Ii \; Ii li )1 Ii ii I: II ii ji I; ii I: Ii Ii ii Ii il ,I H ,. i: !t I' i! 11 , Ii ji l' Beach, Virginia, and indexed in the name of the City of Virginia Beach as Grantor and in the name of David Throckmorton and Florine Horay, as Grantee. Adopted: 1 COX AND COX Attorneys at Law Virginia Beach. Virginia LEGAL DESCRIPTION Beginning at a pin at the northernmost point of Lot 20 on the west side Old Hutton Lane, thence along a curve to the left with a radius of 340.00 feet an arc distance of 82.28 feet to a pin; thence, along a curve to the right with a radius of 280.00 feet an arc distance of 87.21 feet to a pin; thence S 080 05' 15" W 102.56 feet to a pin in the northern boundary of the right-of-way of Virginia Beach Boulevard; thence turning and running S 720 14' 45" E, 30.43 feet along the right-of way of Virginia Beach Boulevard to a pin; thence turning and running N 080 05' 15" E, 107.67 feet to a pin; thence, along a curve to the left with a total radius of 310.00 feet an arc distance of 43.88 feet to a pin and an arc distance of 52.67 feet to a pin; thence, along a curve to the right with a radius of 310.00 feet an arc distance of 75.02 feet to a point; thence turning and running N 850 53' 33" W 30.00 feet to the point of beginning. i, if I: I' I: " j! Ii !; I' I! II ,. " I " !i Ii 'I I. I' i: ii i: ,I " i I, d Ii I! ;! i: ji !: i' il I: " i II " Ii Ii Ii I' I: II I I I ii Ii " !1 i 1: , j! !. ~ LA THIS IS 10 CE~TIFY THloT I. ON JANU:'flY t, t3-:C.f L.I~~:\I[A:ECO '.TRffT k/W LINES AND THE PROPERTY SHOW'" ON THIS PL.Al, AND lHAT THE TITL.E TI1[ ~ALlS Or THE BUllOINGt ARE AS SHeWN ON THIS PLAT THE BL.:l..DlNC.S SlANL STRICTLY WITHIN THE TITLE ~~~[~R~~~RTY, THrRE ARE M) ENCROACHMENTS Of eTHER aUILOINC.S ()I'. [ll:;;EPl AS SHOWN 0CONE:E: ccG' " ::::;,:...". /Db':~1 At'Jf.4Rrl..r D ti ~/q' ~ JI/; ~)" Pf"'" 5" IIl~''''''''~ J---'~'" ,~ 6JS) N 810 54 ~5"!- ,;!- ." 15 00 ,f-- . . '" ~;: o~ i S> ~ I r l.t_ ""j ,01(.' i!:!./,.... .:{ ..~~ ............." !:! """- '_, ""., ~o , ;; ~.,.'''''~~ ~.--_ ~'C~l...i.!lil .,.... (bl '. .-----' ~, ?f;m;;T~ ~~:~_. , '. It... . , . , , , . S,ON[O V-l'-~ .AJ~ .t~j:,:~.:, .... ""'.( ~ ',:'" .........., LOCATION MAP ," . 2,000 FT. 19 n~.' J., _ .' ~ IS.' ',_,;.In ;'--, - '.. .. I ~ -n:. ... ~ . ....... ,'... ,,'~~ I .o"'. S850'5J'_,,"C 3000' , ~"::'O ;J1J""-;"-;'- I ",s:' p{o..r 't' 0 .. '0" . I .- ,: .., . ~/" L--.-. -..:J :'c; .~ '"1.aJ to- ll._Z-~ <t .,.'" ..J 'l':" 'N ~ -:"8': \ =." m Z 0 ...,,, ;,~ ~e ~ .' >II Q: .....11: ~ :::>' "" :z: LYNNHAVEN .' ~ ,~ ~. , ?o'~ 0 OJ1 <fY-:'--.' .> " o &40 Ac. 1-' (] 6,;. .....c;,-.ti1::.. . '" . ... " ~y. ',\ 77.42' _--.1 :. :.\" .....". /1'B.7" N 89f'. 36'- 30" [ I PIIJt I /; 1'l9". 29' -4'" [ fFndd I 8 2.297 Ac. S 890. 3S'. 30" W 160.83' g ,~ "r~J ',. ", 20 ,. 8B 0.591 Ac. '~ " . -~? '.. o '.~ RIVE R ,.".... !"~";DNEW FI/W liNE '196~' ..... I' .~.. 1 .~ ,.. f.o;,,;;)o.. _ ,.' 1."~:""~J"r : . '" '~ol_14'. IIrGi,./fiii(; I .Jo 4J' .., 'It-' T"" ",Opt.', "/y..,, roerroll ~PC'O,. III lOll ,""OC'" ltH,. A4 01 ""(10." 0.-. ,,.. (lC'poo-l....."f 01 H U 0 , f 1000 ."....0...... Aor. ~Of' 10, '''I' "" 01 V"9'ftIO 8'0'''. \I"O""o,ICO",""''''I, Fwnel ")~Jl C, f'o~' No'~ , VIRGINIA BEACH BOULEVARD I VAFlIAflLl WIDTN J PHYSICAL SURVEY OF LOT 20, Subdivision of HUTTON TERRACE being Sile A Resubdivision of Site No. I OCONEE PARK 'M.& "', ,.20 I and Sile 8 -I- 8B os shown on Revised Pial Showing Right .ot - Way Dedicated to the City of Virginia Beach. Virginia I M Ii /15. p.H ) FOR DAVID THROCKMORTON and FLORINE HORAY L YNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA Scn'C: 1"'50' January /3, 1989 BASGIER AND ASSOcIATES ^ PROfESSIONAL CORPORA nON OONSUL 11NG ENGINU.K5'SURVEY(}fts. PlANNERS WtGNA IEAOt II<<:WPOlIT NUl'S. \/IRGINlA J.O. B9003 I 7 - 93 I /; .". _;_~ ~f .,.".' .., . ~ i .~ .~ --./.". "lJ1 '\, v 0 0"" ';;; ~ ~.., i 1 ;7 Ii !( ~-J 0J'~' " .,,, .... ~ Q <:{ o ll:: ,., .- .~ ~ ~ -; ~ ~ o o z ""r~ o 8269 Sqi-I I ~ /90 "'es PI-(()F-,'1":E(. ';1"tEfT::L~:$1'6 tl4[A P. S. 649 .44;.1 State of Virginia City of Norfclk to.wit, AFFIDA VIT Sharon White rhis day .._..____.______.___.___._____________._ personally appeored before me and after being duly sworn mode oath that: (]) tHe) (She) is affidavit derk of .______._Vir~in~a~=.~..~_~ot/Ledger-S.-~~~---.-- a newspaper published by landmark Communications. Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk and VirginiCl Beach, State of Virginia; '2) rhat the advertisement hereto annexed of ._..u_._.__._._....____~t:...r~~.~_.gJ_Q_::;JggLHutt9n._T.e.rJ:.a.C.e___ has been published In said newspaper _:I1~~': 7jOi~.w"i'l22dote:~_=--~=~jgV1'---wI7 .~~ ,___1_~9~_. Affiant In 26th 1999-- My commission expires MY COMMISSION EXPIRES "pP.U ~~. 1':'91 19 _, .._..._~___.._..__._.___._ ___..._._..__.______"'_ _u_.______.. Notary Public NOTICE PLEASE TAKE NOTICE. that at the meeting of the Cltv Council of the Citv of Virginia Beach. Vir- ginia. to be held on the 14th dav of AVgust, 1990 at 6:00 p.m.. ,at.lhe Citv Hall of the Citv of Vlrgonia Beach. Princess Anne Station, the undersigned will pe.tltlon the Council for the appoontment of viewers to view the below-de- scribed portion of that certain street and report to the City Council whether in the opin!on of the Viewers. what, if any, oncon- venlence would result from the vacating. closing and discontinu- ance of some. the sold portion of said street being described os ~=lng at a pin at the north- ernmost point of Lot 20 on the west side Old Hulton Lone, . thence along 0 curve to the left with a radius of 340.00 feet on arc distance of 82.28 feet to a pin; thence. along 0 curve to the right with 0 radius of 280.00 feet an dis- tance of 87,21 feet to 0 pin; then~e S Oil" 38' 00" W 102.56 feet to 0 pon in the northern bOundary of the right-of-way of VirginIa. Beach Boulevard; thence turning and running S 7'1' 14' 45' E. 30,~ fe~t along the right-of-way of Virginia Beach Boulevard to 0 pin; thence turning and running N Oil" 38' 00" E. 107,67 feet to a pin; th~nce, along 0 curve to the left With 0 total radius of 310,00 feet <!n arc distance of 43,88 feet to a pm and on arc distance of 52.67 feet to 0 pin; thence, along 0 curve to the' right with 0 radius of 340,00 feet an arc distance of 75.02 feet t'? a point; thence turning and running N 85' 53' 33" W 30.00 feet to the point of beginning. All the abOve. as shown upon that certain physical survev mode bv Basgier and Associates dated January 13, 1989. entitled "LOT 20, Subdivision of HUTTON. TER- RACE being Site A Resubdlvislon of Site No. 1 OCONEE PARK (M.B. 119. p. 25) and Site 8 + 8B as shown on Revised Plat Show- ing Right-of-Way Dedicate<! to.t~e City of Virginia Beach. Virginia (M.B. 115, p. 34)". At that time, anyone affecte.d may appear and present hiS ~~~'the report of the Viewers Is received. at the next regular meeting of the City Council. or os soan thereoller as the matter may be placed on the agenda. the undersigned will Petition the City Council to vocate. close and dis- continue that portion of Hull<!n Lane In the Cltv of Virginia Beach, Virginia. described abOve. DAVID THROCKMORTON FLORINE HORAV Bv: E. Leslie Cox. Of Counsel E. Leslie Cox. Esquire Cox and Cox 611 Lynnhoven Parkwov. Suite 100 Vlrvlnla Beach. V~la 23451 /~J I I I I . I I , ---..---- <.1 [~..J - , , ;::-:-:---1 ,.' r] r/,}J ,: I c' \~ " I' ..LJ .~' I ) L:-T~\! ,iI'/ ___ ' -. 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I. . :~, I,.! /1, .-- i , . -- DAVID THROCKMORTON & FLORINE HORAY Closure of Hutton Lane Lynnhaven Borough - 41 - Item V-L.a/b/c APPOINTMENTS ITEM # 33299 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: COMMUNITY SERVICES BOARD DEVELOPMENT AlITHORITY PARKS AND RECREATION COMMISSION - 42 - Item V-L.d. APPOINTMENTS ITEM # 33300 Upon NOMINATION by Vice Mayor Fentress, City Council REAPPOINTED: PUBLIC LIBRARY BOARD Mrs. Betty Lu Bridges Mrs. Dorothy M. Wells Mr. Guy K. Tower Three Year Terms: 9/1/90 - 8/31/93 Voting: 11-0 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, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 43 - Item V-L.e. APPOINTMENTS ITEM # 33301 Upon NOMINATION by Vice Mayor Fentress, City Council REAPPOINTED: WETLANDS BOARD Nancy L. Lowe Five Year Term: 10/1/90 - 9/30/95 Voting: 11-0 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, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 44 - Item V-M.l. UNFINISHED BUSINESS ITEM # 33302 BY CONSENSUS, in INFORMAL SESSION, CITY COUNCIL WITHDREW FROM THE AGENDA: RECONSIDERATION of City Council's action on August Seventh to reschedule December Fourth Session to Thursday, December 6, 1990. (Requested by Vice Mayor Robert E. Fentress.) The RESCHEDULED SESSION of Thursday, December 6, 1990, shall remain and not be RECONSIDERED. A11rr11C'r 1/. loon - 45 - Item V-N.1. NEW BUSINESS ITEM # 33303 ADD-ON A MOTION was made by Councilman Sessoms, seconded by Vice Mayor Fentress to ADOPT a Resolution extending the deadline of the report from the Central Business District Commission to March 1, 1991. A SUBSTITUTE MOTION was made by Councilman Louis Jones, seconded by Councilman Heischober to DENY a Resolution extending the deadline of the report from the Central Business District Commission to March 1, 1991. Voting: 4-7 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: James W. Brazier, Jr., Harold Heischober, Louis R. Jones and Reba S. McClanan Council Members Voting Nay: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: None - 46 - Item V-N.1. NEW BUSINESS ITEM # 33303 (Continued) ADD-ON Upon motion made by Councilman Sessoms, seconded by Vice Mayor Fentress, City Council ADOPTED: Resolution extending the deadline of the report from the Central Business District Commission to March 1, 1991. Voting: 7-4 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: James W. Brazier, Jr., Harold Heischober, Louis R. Jones and Reba S. McClanan Council Members Absent: None A__ "_..L,J 1 RESOLUTION '"l L. 3 4 WHEREAS, on November 20, 1989, the City Council created 5 a commission known as the virginia Beach Central Business District 6 Commission (the Commission); and 7 WHEREAS, the Commission was requested to present a Master 8 Plan for the Central Business District to City Council on or before 9 December 31, 1990, and; 10 WHEREAS, due to various unavoidable delays the plan will 11 not be ready until the Spring of 1991; and 12 WHEREAS, it is the desire of the City Council to extend 13 the project completion and reporting date until March 1, 1991; 14 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA: 16 That the Commission is requested to present the Master 17 Plan on or before March 1, 1991. 18 Adopted by the Council of the City of Virginia Beach, 19 virginia, on this 14th day of August, 1990. 20 CA-3897 21 noncode\vbcbdc.res 22 R-1 - 47 - Item V-O.l. ADJOURNMENT ITEM # 33304 Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the Meeting at 3:47 P.M. ~~ cJ/~~ Bever O. Hooks Chief Deputy City Clerk ~'"67~~ th Hodges Smith, CMC City Clerk City of Virginia Beach Virginia ~