FEBRUARY 13, 1996 MINUTES
"f 13@"@ta
"WORLD'S LARGEST RESORT CITY"
(@i,ry (:OUN(@it-
MAYOR MEYE@ I- OBERNIX)@, Al-@,,
Vl(:@, MAYOR WILUAM 1) SE,@MS, JR, A@.I,,,
JO[IN A BAUM @.,h
LINWOOF) 0 BMNCii III V..... &-h @-.,h
ROBERT K I)LA.N A@., @@.,h
W W HAMSO@', JR. L .. h,@-@
tiAROIJ) flEISCHOBER Al.I.,,,,,
BA@AM M HPN@Y, P.... @.,h
F@OIJIS R JONES, B@-,,,&
N@(@Y K L@ARKP R, A@ L.,,
IO(IISA.M SI MYHO@
2@, (:I I Y IIAU BUIUliN(@
j@LS K SM)ML CITY COUNCIL AGENDA UUNICIPAL (:F.N I tR
VIR(,iNiA BEAC:H, VIR(iiNIA 1111@ Wl'I
LESLIE, I i8'4j 127 @ ?(I 3
RI;T I! Hf)@3ES @MITH, (:M( AAI (:il, I,,k February 13, 1996
I. CITY COUNCIL BRIEFING - Conference Room - 11:00 AM
A. URBAN PARTNERSHIP
The Honorable Governor Linwood Holton
II. CITY MANAGERIS BRIEFING
A. HAMPTON ROADS PUBLIC/PRIVATE PARTNERSHIP INITIATIVE
Mr. James K. Spore, City Manager
III. AGENDA REVIEW SESSION - Conference Room -
A. REVIEW OF AGENDA ITEMS
B. CITY COUNCIL CONCERNS
IV. INFORMAL SESSION - Conference Room - 1:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
V. FORMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Harvey Turner
Kempsville Church of God
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS February 6, 1996
G. ADOPT AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
77ie Consent Agenda will be determined &Wng the Agenda Review Session and
considered in the ordinary course of business by City Council to be enacted by one
motion.
I. PRESENTATION
1. CURRENT STATUS OF SCHOOLS' BUDGET SHORTFALL
Dr. Donald A. Peccia, Associate Superintendent,
Administrative Services
J. PUBLIC HEARING
1. REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION -
Tidewater Jewish Foundation, Inc.
K. RESOLUTIONS
1. Resolution to support legislation designating Tidewater Jewish
Foundation, Inc., exempt from state and local real and
personal property taxation.
2. Resolution of support for the City of Norfolk re
Transportation Enhancement Funds for the Intermodal
Circulation System elements of the Crispus Attucks Theater
Cultural Center (Sponsored by Council Lady Louisa M.
Strayhorn)
3. Resolution of support to make application for $50,000 in
Transportation Ef f iciency Improv@t Funds f rom the Virginia
Department of Rail and Public Transportation re transportation
demand management activities in the City; and, the City will
match $10,000 in funds if the application is approved.
L. ORDINANCES
1 Ordinance to TRANSFER $400,000 from School "Renovations and
Replacements Various" CIP 1-074 to "Renovations and
Replacements Reroofing" Capital Project 1-083 re roofing
work at seven school sites.
2. Ordinances to authorize temporary encroachments:
a. Into a portion of the City's variable width drainage
easement to JOHN J. and SANDRA A. DESFOSSES re
constructing and maintaining an inground swimming pool,
cement deck, fence and landscaping at rear of 1819 Tree
Line Road in Great Neck Pines (LYNNHAVEN BOROUGH).
b. Into a potion of the right-of -way of Oceanf ront Avenue
and 45th Street to THONKS Z. and PARKE G. MACHIA re
maintaining shrubs at 4501 Oceanfront Avenue (VIRGINIA
BEACH BOROUGH).
C. Into a portion of the right-of-way of 215 87th Street to
ROBERT TAYLOR re constructing and maintaining a 2-foot
cinderblock retaining wall on Lot 16, Block 2, Section D,
Cape Henry (LYNNHAVEN BOROUGH).
3. Ordinance to authorize License Refunds in the amount of
$2,941.45.
M. PUBLIC HEARING - PLANNING 3:00 PH
PLANNING BY CONSENT - TobedeterminedduringtheAgendaReviewSession.
1. Petition of VIRGINIA BEACH KARLIN CLUB, INC. and WALTER CASON
BARCO for the discontinue a. closure and abandonment of the
following parcels (VIRGINIA BEACH BOROUGH):
Parcel 1: Portion of Greensboro Avenue beginning at the
Northwest intersection of Greensboro Avenue and
Mediterranean Avenue, running a distance of forty-eight
(48) feet along the Northern property line (Southern
boundary of Block 30, Shadow Lawn Heights) and running in
a Southeasterly direction to the Southwest intersection
of Greensboro Avenue and Mediterranean Avenue, containing
1327 square feet.
Parcel 2: Portion of Mediterranean Avenue, running a distance
of forty-one (41) feet along the Eastern property line
(Western boundary of Lot 1, Block 18, Shadow Lawn
Heights) and running in a Northwesterly direction to the
Southwest intersection of Greensboro Avenue and
Mediterranean Avenue, containing 1547 square feet.
Deferred for Compliance: January 28, 1992
Additional Deferrals: August 11, 1992
February 09, 1993
February 08, 1994
February 14, 1995
Recommendation: ADDITIONAL 12 14ONTH DEFERRAL
2. Application of HARPKRS INVESTMENTS, a Virginia General
Partnership, for a Conditional 1,88 Permit for an automobile
repair skatahlishment minor repair center) on the
West side of Oceana Boulevard, 309.07 feet South of Harpers
Road, containing 22,391 square feet (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
3. Application of 14OUNT BETHEL BAPTIST CHURCH for a Conditional
for a church on the East side of Indian
River Road, North of Stumpy Lake Lane (4636 Indian River
Road), containing 4.6 acres (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
4. Application of P.C.S. PRZNZCO, L.P., for a Conditinnal Use
Permit for a 150-foot OWer 800 feet more or
less West of General Booth Boulevard, North of Dam Neck Road
(1525 General Booth Boulevard), containing 5.490 acres
(PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
5. Application of ALAN C. WILLIAMS for a ConditiQnal Use Permit
for an indoor -=creational facility (battina caae) on the West
side of General Booth Boulevard, 900 feet more or less North
of Dam Neck Road (1489 General Booth Boulevard), containing 8
acres (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
6. Applications of TAYLOR FARM ASSOCIATES, LLC for Chanaes of
Zoning District Classifications (PRINCESS ANNE BOROUGH):
a. From R-20 Residential District to R-10 Residential
District, containing 6.5 acres, on:
Parcel 1: South side of London Bridge Road, 1460 feet
more or less West of Pine View Avenue.
Parcel 2: South side of London Bridge Road, 800 feet
more or less West of Pine View Avenue.
b. From AG-1 Agricultural District to R-10 Residential
District 2650 feet more or less Southwest of the
intersection of London Bridge Road and Pine View Avenue,
containing 11 acres.
C. From R-10 Residential District to PD-H2 Planned Unit
Development 2670 feet more or less Southwest of the
intersection of London Bridge Road and Pine View Avenue,
containing 17.5 acres.
Recommendations: APPROVAL
7. Ordinance to AMEND and REORDAIN Section 402 of the City Zoning
Ordinance re dimensional requirements in the AG-1 and AG-2
Agricultural Districts DELETING requirement for 300 feet of
road frontage.
Recommendation: APPROVAL
N. APPOINTMENTS
FRANCIS LAND HOUSE BOARD OF SUPERVISORS
PERSONNEL BOARD
VIRGINIA BEACH CRIME TASK FORCE
YOUTH SERVICES COORDINATING COUNCIL
0. UNFINISHED BUSINESS
1. Authorize the City Manager to accept the Consultant's
recommendations to stablize the roadway shoulders for the
WESTBOUND lanes of traffic to eliminate the Shore Drive hazard
(Phase I - CIP 2-285).
P. NEW BUSINESS
Q. ADJOURNMENT
PUBLIC HEARING CITY COUNCIL CHAMBER
FEBRUARY 27, 1996 AT 6:00 PM
RE: INCREASED APPLICATION FEES TO BOARD OF ZONING APPEALS
VY 96-97 OPERATING BUDGET & CAPITAL IMPROVEMENT PROGRAM DULE
@t T@ pl@ -
budget & C.I.P Presentation Tuendy, April 2 2pm City Council Ch"b.r
Council Wrksh.p T ... day, April 9 9 M NWN Conference Rom
council Workshop Thraday. April 11 4pm 6pm Conference Rom
Council Workshop (Special Workshop) Tuesday, April 16 IM 4PM Conference Roo.
Public Hearing Thursday, April 18 7pm Larkspur Middle School
Council Workshop Tuendy, April 23 3M 6PH Conforon.. Rom
Council Workshop (Special Wrk.h.p) Thursday, April 25 IPM 5PK Conference Rom
Public Hearing Thursday, May 9 2m City Council Ch@er
Reconciliation Workshop Thursday, May 9 1 session Conference Rom
NOTE: My 9 Regular Meeting ill replace the My 7 SZSSIM (Re: council election)
Adopt Budget & C.I.P. T ... day, May 14 2pm City Council Chamber
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERKIS OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
02/08/96BAP
AGENDA\02-13-96.PLN
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
February 13, 1996
Mayor Meyera E. Oberndorf called to order the BRIEFING re URBAN PARTNERSHIP to the
WRGIIVL4 BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday,
February 13, 1996, at 11:00 A.M.
Council Members Present:
John A. Baum, Linwood 0. Branc,% III, Robert K Dear; William W.
Harrison, Jr., Harold Ifeischober, Barbara M. Henley, Louis R Jones
and Mayor Meyera E. Oberndorf
Council M@rs Absent.-
Vice Mayor William D. Sessoms, Jr. [ENTERED: 11:27 A.M.]
Nancy K Parker [IN CHARLOITE, NORTH CAROLINA,
FATHER TERMINALLY ILL]
Louisa M. Rrayhorn [ENTERFD: 1:40 P.M.
SPE,tK[NC, A7- TCCI
- 2 -
CITY COUNCIL BRIEFING
URBAN PARTNERSHIP
11:00 AM.
ITEM # 40381
Governor Linwood Holton advised North Carolina, South Carolina, Georgia and Tennessee are all
growing faster in terms of per capita income and numbers of jobs than Virginia. 7he ability of
municipalities in @e other states to work together for economic development has been a major factor
in location of jobs in @e other states. Governor Holton cited three examples of regional cooperation:
Development of Port of Hampton Roads: After fifteen years of
coordination and management by a single Authority, the Port of Hampton
Roads has handled over 800,000 containers in one year and will shortly
exceed I -MILLION. 71tis is a regional economic development which was
brought about thrvugh funds from the State. 7he pores were purchased
frmn the municipalities and the state subsidized the construction and
organized same to fund capital investments through its own revenue.
Conversion of F@ PWn to an Industrial Par* (Southwest Virginia):
All of the localities, which were part of Planning District No. 1,
coordinated to acquire the land comprising approximately 1,000 acres
and provide the facilities ie. utilities, railroads, rail siding. 7he
Tennessee Valley Authority participated. In an area of serious
unemployment because of the deterioration of employment in the coal
mines, 1000 high -paid jobs resulted from regional cooperation.
Coordination of municipalities in a sewerage treatment facility in
Roanoke Valley: 7lie municipalities devised a facility which would
eliminate a bad effect from the effluent into the downstream portion of
the Roanoke River. Benefits are flowing to Bedford County, Campbell
County, City of Lynchburg, Pillsylvania County, Franklin County,
Roanoke County, City of Roanoke, Town of Vinton, the City of Salem and
Botetourt County, which is also part of the treatment facility.
Under the Regional Competitiveness Act, the centerpiece of the legislation, the municipalities may form
regional partnerships that contain the geography they wish. 7he suggestion is to utilize the Planning
@ct. 7he legislation @is the localities to create the region they wish. Once a regional partnership
is created and a regional strategy is established, the region becomes eligible for participation in the
Re@l Incentive Fund. Wtimately, the Fund should comprise $200-MILLION. 7his is less than 112
of one percent of the State Special and General Fund Budgets. 7he regional partnership participates in
the fund in an amount established by the proportion between the population of the region and the
population of the state. Once that amount is establisher it is allocated to the members of the Partnership.
7he division within the region is subject to agreement by the regional partners. 7his is not a poverty
pvg@ but an economic development program.
In order to qualify for the Regional Incentive Fund, two or more localities must develop a plan that
would use certain criteria and weights to access the extent of regional activities.
February 13, 1996
- 3 -
CITY COUNCIL BRIEFING
URBAN PARTNERSHIP
ITEM # 40381 (Continued)
7'he Mayor eirpressed concern relative the criteria and weights to assess the extent of regional activities
and the reason "watern only counted 4.
,Regional Revenue Sharing or Growth Sharing Agreements 10
Education 10
Huntan Services 8
Local Land Use 8
Housing 8
Special Education 6
Transpo@n 5
LAw Enforcement 5
Economic Development 4
Solid Waste 4
Water and Sewer Services 4
Corrections 3
Fire Services and Emergency Medical Services 3
Libraries 2
Parks and Recreation 2
Only 68% of the doftu from the City @ taxes to the City come back to Virginia Beach. Norfolk may be
as high as 82%. Concern was expressed relative the disparity in the legislative process not only in the
state, but also the federal government.
Governor Holton advised economic development would provide an equal @Hnership. Governor Ilolton
was concerned ;'irginia Beacl; which was one of the major economic development potentials in the State,
understand this legislation and not harbor doubts.
Governor Hokon advised the Bills in the House Committee on Counties, Cities and Towns, by a vote of
1 7-3 %dth one abstention was passed unanbnously in the Senate Committee on Local Government 77ie
@ in the House was 89-10 in favor of House Bill No. 1515, the centerpiece of the Urban Partnership's
legislation -- the Regional Competitiveness Act and 39-1 in the Senate. 7he opposition has benefitted
from the educational effort.
February 13, 1996
4
CITY MANAGER'S BRIEFING
TON ROADS PUBLJCIPRIVATE PARTNERSHIP INITL4T@
12:00 NOON
ITEM # 40382
Mr. James X Spare, City Manager, advised last June the Mayor@ and Chairs group identified a group
of 15 @ sector individuals to meet with the 15 Mayors and Chairs to discuss the mechanism in the
region to allow the addressing of certain regional issues. 7he publiclprivate Steering Committee was asked
to address three mauers:
7he validation of the 2007 Work in Progress.
7he identification of "Hot Button" issues.
7he development of a formal structure to implement.
7he publiclprivate partnership agreed the most informed way to get at these issues was to establish a
S&ategic Planning Task Force which would operate under the guidance of the %eenng Committee 7hat
Task Force, Included some of the region's most thoughtful strategic planners, was put together and spent
its @ six @hs or so studying and discussing how to move Hampton Roads and its economy forward.
A non-stock, not-for-profit corporahon was also suggested 7his organization, when established, funded
and staffed, %ill have the ability, by virtue of its membership, to bring about posifive change through the
efforts and collaboration of others in business, industry, education and government 7he membership shall
be mbW with the public and private sector. 7he FLred Directors shall include (a) Mayors, Chairs or
Chief Fxecudve Officers of each City and County in Ilampton Roads, lb) Presidents of each four-year
educational bwitution located in Hampton Roads (c) Leadership of each branch of the military services
in the area and (d) Chairman of the Hampton Roads Planni;ig District Commission. 7he Elected Directors
AWI be from the private sector and selected by a nomination process.
A meeting is SCHEDULED for 7hursday, February 15, 1996, 9. 00 A.M. NorfoLk Southern Board Room
to address concerns and achieve consensus re Report of the Steering Committee, Organizational Rructure
and Budget for dfscussim purposes. AU documents are hereby made a paH of the record.
Mayor Oberndorf advised she would be unable to attend as she would be in Richmond to DRAFT a
budget for the F'zrg@ Munic@ League. Concerns should be reflected relative the Contract and the
$]W,000 for an Executive Director Wth three employees, this appears excessive. Caution must be
addressed relative the type of financial commitpnent requested and the expectations of the Military and
private sector. 7he City Manager estimated the commihnent to be appraxinmiely $50,000 - 60,000 per
year.
Vice Mayor Sessoms believed the funding for the Executive Director wwuld be from the private sector.
Ihe City Manager shall provide a list of all Regional bodies in existence and their fiinctions and budgets
as a comparison with this proposed Hampton Roads PubhclPnvage Partnership.
Councilman Harrison will attend the meeting February 15, 1996, to rep"sent the Mayor and advise of
the City Council's concerns.
February 13, 1996
- 5 -
CITY MANA GER'S BRIEFING
ARENA
12:23 PM.
ITEM # 40383
Mayor, face Mayor and City Manager met with the Mayor, Vice Mayor and City Manager of Norfolk
to @s, as the CFL was not locating widun the are@ the possibilities relative a consultant developing
a M4 to respond to the chances of brin&g profe@onal sports of a m4or kague caliber to the
@ re&n. Norfo& had spent considerable time nwrking with a consultant previously
perusing these issues. An approach was proposed focused on the two largest cities in the region taking
the lead OVorfolk md Beach) and retaining a consultant to analyze and @ a report not only
to the Nw cities but to the remainder of the region. 77iis report would pr@ily focus on ARBA Bas
or AM Hockey as the NFL appeared to be too far "out of reach'. If requested by the Cities, the Greater
NorfoLt Corpora@ and Virginia Beach lesions have indicated support to be involved in some role.
Mayor Oberndmf advzsed Mayor Paul D Fraim had indicated the study to be performed by the Regional
Au@ity, as %vil as the study paid for by the City of Norfolk both recommended the Arena be located
in N@Lt 7he meeting commenced with the three perimeters (1) all Cities should be a part in order to
have a chance of success; (2) If consultants are to be employed they should be unencumbered in the
conc@on; ani4 (3) there must be equal consideration of location. Mayor Oberndoif has discussed the
concept with Mayors Ward and Webb and requested Mayor Fraim also contact them. Mayor Fraim has
dtsc&we,d the concept wak Mayor Jones in Suffolk Both Chesapeake and Portsmmth would like to
participate inftwly. Vwginia Beach Visions has reduced their commihnent to less than $10,000.
Vice Mayor Sessoms advised the discussion also entailed the possibility of a convention center or
cukural facno. If any professional team is going to be successful in the Regio?; it will take all the Cities
partic@. Irice Mayor Sessoim advised the expenses are $6,000 per month and the City was requested
to be responsibk for one-half of this amount. However, this was just casual conversation, not a formal
proposal If this could be spread out through the private sector, Greater Norfolk Corporation and Virg@
Beach Visions, Vice Mayor Sessoms hoped the City Managers and Economic Development Directors could
confer with Llorrow Sport Ventures and come back with specific recommendatwns as to a possible
co"tract 77te HOK study performed thru the Hampton Roads Sports Authority recommended the City of
Norfolk for the location cf the Arena. 77je facility would cmprise approximately 20,000 seats.
The City Manager advised Virginia Beach has stressed a screening panel to choose the consultant. Vice
Mayor Sessoms advised the sM4 would also include a funding mechanism for other cities to benefi4
@ther it be through a convention center for Virginia Beach or some type of cultural facility. It is not
a foregone conclusion that Harrow Sport Ventures would be the consultant.
Cowwt@ Dean suggested Suffolk as a more preferable location. Counci@ Heischober advised he
Kw no @ger a member of L4e Sports Au@ity, however, when HOK was requested to make a study of
location this @ enc sed an indoor arena &hat combined Old Dominion University and this region.
7he study focused on where could an stadium be located that would serve both ODU and the rest
of the area. In fac4 ODU and the SPOR7S AUTHORIYY shared 50-50 in the study. HOK advised in
order to acc e ODU and the are,% downtown Norfo& is the venue. ODU advised they wanted the
facility to be on their campus, so they pulled out of the study and are moving ahead with their own 10,000
indoor comb sports center. Art Collins can advise how &his location was decided. Urban settings
versus suburban settings compete favorably. If location is back on the table, this concept should be
pursued.
Mayor Oberndorf advised the designation of the 20,000 seat arena be located in downtown Norfo& was
part of the proposal @ by Mayor Fraim and Vice Mayor Riddick 7hey were requesting the
contribution in a study relative the appropriate financial structure for both securing a fi-anchise and
construction of the necessary physical facilities with a recommendation for appropriate cost and benefit
sharing for this area.
BY CONSENSU@ the City Council believed a study should be performei4 but the location remain on the
table. All cities will be given the opportunity to participate in the beginning. 7he policies relative the NBA
franchises shall all be determined 7his does not commit the City to participate in the financing at this
particular point.
February 13, 1996
- 6 -
ITEM # 40384
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINL4 BF,4CH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 13, 1996, at 1:12 P.M.
Council Members Present.-
John A Baum, Linwood 0 Brancl; III, Robert K Deap4 William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Mayor Meyera E Oberndorf Vice Mayor William D. Sessoms, Jr.
Council Members Absent.-
Nancy K Parker and Louisa M. Strayhorn
February 13, 1996
- 7 -
ITEM # 40385
Mayor Meyera E Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2 1 -344, Code of Virginia, as amended, for the following purpose:
LEG,4L Af,4ITFRV.- Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of legal
advice by counsel pursuant to Section 21-344(A)(7).
To - Wi t: Lake Gaston Water Supply Project
PuBlirl Y-H&.D PROPFRTY.- Discusswn or consideration of the
con&hm, acquisition, or use of real property for public purpose, or of
the disposition of publicly -held property, or of plans for the future of an
institution which could affect the value ofproperty owned or desirable for
ownership by such institution pursuant to Section 21-344(A)(3).
TO - WI t.. Virginia Beach Borough
Upon mobon by Cowwt@ Baum, seconded by Vice Mayor Sessoms, City Council voted to proceed into
EXECUTIVE SESSION.
Voting: 9-0
Council Members Voting Aye:
John A. Baum Linwood 0. Brancl; III, Robert K Dea?A Wzlliam W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Mayor Meyera E. Oberndorf, ;'ice Mayor William D. Sessoms, Jr,
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K Parker and Louisa M. Strayhorn
February 13, 1996
- 8 -
FORMAL SESION
P7RGINL4 BF,4CH CITY COUNCIL
February 13,19%
6. 00 PM.
Mayor Oberndorf called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL
in the Council Chamber, City Hall Building, on Tuesday, February 13, 1996, at 6:00 P.M.
Council Members Present.-
John A. Baum, Linwood 0. Branc,% III, Robert K Dean, Willi4am W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Mayor Meyera E Oberndorf Vice Mayor William D Sessoms, Jr and
Louisa M Strayhorn
Council Members Absent.-
Nancy K Parker [IN C@OITE, NORTH CAROLINA,
FATHER TERMINALLY ILL]
INVOC4TION Reverend Harvey Turner
Kempsville Church of God
PLEDGE OF ALLEGL4NCE TO THE FL4G OF THE UNITED S TA TES OF AMERICA
Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters
on the agenda in which he has a 'personal interest", as defined in the Act, either individually or in his
capacity as an offlcer of Central Fidelity Bank. 7he Vice Mayor regularly makes this Disclosure as he
may or may not know of the Bank's interest in any application that may come before City Council. ;ice
Mayor Sessoms' letter of January 10, 1995, is hereby made a part of the record.
February 13, 1996
9
CEjt77FIc4TION OF
EXECUTNE SESSION ITEM # 40386
Upon motion by irice Mayor Sessoms, seconded by Council Lady StraYhorn, City Council CER77FIED
THE EXECUT@ 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 certi)7cation resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City Councit
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert K Dean, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis P, Jones, Mayor Meyera E
Oberndorf Yice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Linwood 0. Branck III, and Nancy K Parker
February 13, 1996
CERTIF'ICArnON OF EXECUTIVE SESSION
VIRGINIA BEACH Crff COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 40395 Page No. 7 and in accordance with
the provisions of 'fbc Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORK 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.
.4
Ruth Hodges S@mith, CMC/AAE
City Clerk February 13, 1996
- 10 -
Item V-El.
MINUTES ITEM # 40387
Upon motion by Vice Mayor Sessoms, seconded by Councibnan Heischober, City Council APPROVED
the Minutes of the INFORMAL AND FORMAL SESSIONS of February 6, 1996.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert K Dean, William W. Ilarrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E
Oberndorf Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent,-
Linwood 0. Brancl; 111, and Nancy K Parker
February 13, 1996
- 11 -
Item V-Li. CURRENT STATUS OF SCHOOLS' BUDGET SHORTFAU
ITEM # 40388
Dr. Donald A Peccia, Associate SuperLntendent, Adpninistrative Services, advised since August 1995,
communication between City and Schools has been constant and continuous. Dean Block and Patricia
PhilUps and her staff are to be commended for their mutual cooperation in these areas. In August 1995,
Dr. Peccia reported on the 1994-95 school deficit At that meeting both Jim Pughsley and himself who
both had been in their positions less than 60 days, acknowledged the deficit. 7'hey were the ones to
"knowledge that the School &vision had overspent the appropriation by over $5.5-MILJION,. while at
the same time not receiving $6.5-MILLION in budgeted revenue. I)r. Peccia reiterated fiscal controls that
had been put in place since July 1995:
Budget Mamgement Document. The central administration has put in
place the Budget Management Document, which contains guidelines and
stipulations for budget management.
Development and Impkmentation of StaTing StanAards and Guidelines:
All princ@s and central office a&ninistrators have received copies of
the staffing standards and guidelines.
70%130% percent Allocation of Funds to Schools: Allocations to
schools will be made in two disbursements. 7he first disbursement of 70
percent steins from enrollment projects based on March 31 ADM data;
the second disbursement of 30 percent is based on actual September 30
figures, reflecting an accurate count of actual students.
Interim AdmaniWation Reorganization: 7he reporting relationships in
the reorganization ensure adequate supervision on all financial matters.
Budget Transfer Policy: All budget transfers of $10,000 or more require
School Board approval before such transfers can be made.
Mainframe Access to Budget Data for Budget Manager: Budget
Managers are being trained to access mainframe data; they will be able
to check amounts in line items.
Incl@ of RgWrts About Enterprise Funds in Financial R@rts to
Board: From now on, reports about financial matters to the Board will
include updates on the enterprise fiends, as well as regular reports about
the Operating Budget.
Meetings Between the City and Virginia Beach Schools
MwmgementIBudget and Financial Departments: Regular meetings will
be scheduled between the City and Virginia Beach Schools financial staffs
to facilitate complete communication and to ensure proper budget
management.
Analysis of 1995-% Budget and Related A4fustments as Needed. Dr.
Peccia and his staff will make periodic analysis of both revenues and
expenditures and recommend adjustments as needed
Search for an Improved computer Financial Management Package:
Financial staff from the City and4hool system have begun a search to
identify software for an improved budget and accounting system, in order
to replace the present system (BASIS), which is 18 years old.
Mid-Year Interim Financial Report.
Review of Food Services Fund Utilizing City Personnel as Part of
Review Team (Management and Budget).
Sending City Staff Monthly Financial Data.
February 13, 1996
- 12 -
CURRENT STATUS OF SCHOOLS'BUDGET SHORTFALL
ITEM # 40388 (Continued)
ESTIAL4TED REVENUE
(OCTOBER 1995 ANALYSIS)
1995-96 Budget $358,365,490
1995-96 Fstimated Revenue 354,114@ 5 79
REVENUE SHORTFALL $ 4,250,991
ESTIAL4TED EXPENDITURES
(OCTOBER 1995 ANALYSIS)
1995-96 Budget $358,474,213*
1995-96 Estimated Fxpenditures 360,820,528
ESTIMATF-D
OVERFXPENDITURE ($2,346,315)
*Includes $108,723 of encumbered funds from 1994-95
MAJOR REASONS FOR OCTOBER 1995
ESTIMATE OF OVEREXPENDITURES
Unde@ing of Special Education
Regional Program (SECEP) (approx. $1.9-MILLION)
Teacher @ries (approx. $1.1- MILLION)
Contractual services of Occupationall
Physical 7herapim (approx $300,000)
Early Discoveries Al -Risk
Four-Year Old Program (approx. $510,000)
Under@ing of Utilities (approx. $2.5-MILLION)
Not budgeting matching funds for State grants
Technology Initiatives (approx. $650,000)
Failure to budget for overtime for Operations
and Maintenance personnel (approx. $600, 000)
It was at that October meeting that a projected deficit reduction plan was approved by the School Board
Of the $358.4-MILLION appropriated by City Counci4 $312.1 -MILLION was committed in salaries and
benefits, leaving only $46.2-MILLION in nonsalary related items. With the approval of the projected
deficit reduction plan in October, more than 30 percent of the budget year was over and 16 6 percent of
the budget was already spent. 7he goals of the projected deficit reduction plan were two fold.- (1) to
protect current employees' jobs and salaries and (2) to keep the reductions as far away fi-om the
classroom as possible.
February 13, 1996
- 13 -
CURRENT STATUS OF SCHOOLS' BUD4GET SHORTFALL
ITEM # 40388 (Continued)
RECOMMEND,4TIONS OF THE PROJECTED DEFICIT REDUCTION PLAN
Institute a freeze on hiring all positions
Hire only @e remaining positions on a substitute basis.
After February 1, 1996, hire remaining teaching positions on a long-
term substitute basis (no benefits).
*Tth the eweption of teachers, kindergarten and special education
teacher assistants, nurses, and school bus drivers, hire substitutes only
on the second consecutive day of absence.
Reduce all professional development activities by the following:
Workshopy 50% - 70%
Professional Travel 75% - 90%
Tuition Retmbursement 50%
Professional Books and Subscriptions 75% - 90%
Dues and Memberships 50% - 90%
Defer, delay, delete purchase of additional capital outlay (includes
I buses, automobiles, etc.)
Defer 15% of the equ@nt allocation draw account based on the
revised March 31 ADM figures
Defer 15% of the total draw account funds.
SPECL4LIZED PROGRAM REDUCTIONS
Discontinue Saturday Detention s 100,000
Delete the 'Kwck-Knock" Program 40,000
Reduce the contingency funds for elementary
Pftrans by 50% (funds designated
for @ce with non-budgeted items) 145,000
Ro&ee the contingency f@ for High School
Cknroom Programs by 50% (funds designated
for @ce with non-budgeted stenu) 100,000
Reduce other materials in TechnicalICareer Education 2,000
Recommend study of 10% reduction in athletic eventsl
acdvides 50,000
Reduce printing and binding by 50% in Organiwional
Support Services 30,000
Reduce Staff Development activities by 50% 150,000
Reduce other purchased services (consukants)
in I@u Support by 50% 26,000
Reduce balance in other purchased services in Gifted
and Taknted Services 28,000
,R*Awce MedialSupport Services 100,000
Defer y Assessment Program 300,000
Reduce the contingency funds for Middle School Cl=room
programs by 50% (funds designated for assistance with
non-budgeted items) 57,000
workshop pay for Leadership Academy 8,000
Reduce other purchaseslservices in the Office of the Deputy
Superintendent (Division In@ives) 125,000
Reduce Reprographic Services 50,000
Reduce out-of-swe travel for recruitment 20,000
Reduce other purchased services in Personnel 15,000
Defer tennis court resurfacing 25,000
POTEN7Z4L SA117NGS $1,371,000
February 13, 1996
- 14 -
CURRENT STATUS OF SCHOOLS' BUDGET SHORTFALL
ITEM # 40388 (Continued)
7he total reductions in the first phase analysis was estimated at $5,291,000. 7he $5,291, 000 in reductions
would still leave a projected deficit of $1,306,226 Phase II of the Plan was developed to address this
shortfall
Utilize a 2.05% reduction factor in average daily membership rather
than a 2.25% reduction factor.
Impact: $500,000
Increase in state sales tax revenue
Impact: $170,000
Review of rents, tuition, other local rentals.
impact: $100,000
Greater attrition of personnel than expected
Impact: $200,000 - $300,00
Eliminate all out-of-city travel that impacts the local operating
budget.
Impact.- $60,000
Eliminate the balance of additional capital outlay.
I@ct: $200,000
Project savings from blanket purchase orders.
Impact: $50,000 - $70,000.
Reduce contingency amounts for elementary, middle, and senior high
schools by an additional 25%
Elementary $72,500
Senior High 50,000
Middle 23,500
Impact: $146,000
Reduce Staff Development activities by an additional 25%
Impact: $75,000
Reduce other purchased services by an additional 25% in consultative
services.
Impact: $14,000
Review the need to reduce field trips - Savings will result from less fuel
utilization and the need for less school bus maintenance.
Impact: $20,000
77te recommendations in Phase 11 would produce $1,535,000 if all would materialize.
February 13, 1996
- 15 -
CURRENT STATUS OF SCHOOLS' BUD4GET SHORTFALL
ITEM # 40388 (Continued)
In December 1995, the School Board approved additional recommendations to cope with the 1"5-%
@eted deficit 77iose recommendation included the followzng.
Charging for the operating and maintenance costs for the use
of school buses for field trips ($1.00 per mile).
Est Savings: $100,000
Having adpninistrativelsupervisor staff substitute for five days
between January 1996 and June 1996.
d Savings: $ 60,000
Eliminate all out-of-town travel by school division employees
dW is funded by the local operating budget.
d Savings: $ 40,000
Unencumber additional amounts not being used within the
@t purchase orders.
E d Savings: $150,000
Reduce all centralladministrative offices' use of part-time
substitute personnel by twenty-five percent.
E d Savings: $ 20,000
In the Sc@l Division was actively and aggressively pursuing a plan to stay within
appropriation and within budget.
Since October, the status of federal revenue can best be described as uncertain. In October, the School
Division estimated Federal Impact Aid at the same level it received in 1994-95 or $8,450,879. That
estowe was $4,523,794 less @ what was budgeted in 1995-96. Between October and December, data
received through constant communication with federal officials was revised to reflect actions by Congress.
In January, estowed Impact Aid revenue was revised to $7,605,791, or $845,088 less than in October
Department of Defense revenues were also revised fi-om an October estimate of $1,968,384 to $1,181,030
in January or by $787,354 due to changes in federal funding and eligibility levels. In summary, federal
revenue estimated in January was $1,678,781 less than projected in October.
State revenue estimates in October totaled $194,855,105. In @uary, the revenue was revised downward,
due prwwtly to the School Diviswn receiving $584,952 less than budgeted for Reinedial Summer School
and $673,093 less in state sales tax to $193,620,345. State sales tax revisions were received in late
December. Estimates for state sales tax are made by the State Department of Taxation. Estimated state
revenue estimates in January were $1,234,760 less than projected in October.
In October 1995, local revenue was estimated at $148,555,596 or $500,000 more than budgeted.
Estimated revenue in January 1996 is only $1 76,06 7 more than budgeted but a decrease from the October
estimate of $323,933. Ihe City has met 100 percent of the budgeted revenue. In summary, revenue was
estimated to be approximately $4,250,911 less than budgeted in October. Due to changes in Impact Aid
and Deparoment of Defense @ing, less State sales tax than anticipated less state aid for categorical
accounts, and less revenue from other local resources, the shortfall in revenue is estimated to be
$7,48@385.
7he City Council appropriated $358,365,490 for expenditures. Encumbered fiends carried forward fi-om
1994-95 totaled $108,723, increasing the 1995-96 budget to $358,474,213.
7he October analysis of expenditures indicated that, if no changes were made, the School Division would
expend $360,820,528, or $2,346,315 more than appropriated With the implementation of the projected
deficit reduction plan, the estimated expenditures have been reduced to $355,461,448 (Column Four total
of $355,8,89,272 minus $427,824 in adjustments or $3,012,765 LESS THAN APPROPRL4TED.
February 13, 1996
- 16 -
CURRENT STATUS OF SCHOOLS'BUDGET SHORTFAU
ITEM # 40388 (Continued)
77;ere is apotential the Sc@ Division could receive additional revenue exceeding Three Million Dollars.
Revenues from the Re@ Specml EAwcasum Center ($200,000) and the early retirement program
($125,#") are fairly certaipl Revenues fi-om additional students @ estimated are good based on
@ical trends ($275,000). Personnel savings will grow each month and are not as certain due to
fluc s in resignations and retirements. Revenue from the state for the ADM error must be
aggressively pursued.
With revenues being $7,488,385 less @ appropriated and @nditures being only $3,01Z 765 less than
appropriate4 there exists the possibility of a shortfall between revenue and @nditures of $4,475,620.
If all revenue sources are realized and no further savings in expenditures occur, that shortfall could be
as low as $1.0-MILLJON Upon presenting this report to the School Boarit Board members asked the
school administration to prepare a report outlining potential areas of reductwns to the projected shortfall
in revenue. 77tose recommendatwns were presented on February 6 to the School Board and are outlined
below:
Ohe day of unpaid leave for all staff (close all schools and offices on June $ 1,450,000
14, a teacher records day)
Close all departmentslschools June 24 - June 28 (11 and 12-month 1,000,000
employees) No pay
EJbx@e cafeteria @tors at elementary schools 90,000
Flininate allpart-time help 60,000
Eliminwe spring athletics (includes salary supplements, officials, police, 360,000
and equownt)
Delay all summer school programs until July 1, 1996 30,000
Elimbwe all wor@s for balance of year 30,000
Defer all repairs to schools 225,000
Do not staff any vacancy (except teachers and bus drivers) 80,000
No overmw (erxept emergencies) 50,000
Cancel before-and-after-school activities (include before-school and 100,000
after-sc@ childcare) - savings on utilities
Do not refer students to private institutions (e.g. Richard Milburn and 200,000
SECEP)
Fdiminate the Student leadership Summer Workshop 40,000
Delay @er recreation programs until July 1, 1996 (savings on utilities) 40,000
Charge Parks and Recreation DiTarhnent for utility costs for before-and 250,000
after-school activities for first semester 1995-96 (July 1995 - January
1996)
7he above list was in no way a recommendation or endorsement of such reductions. 7he items listed are
not in any priority order. 7he reductions listed total $4,050, 000. Since the issuance of that report, other
items suggested include:
Reducing all adult education clmses, except where nwndated orfun4Ung
Freezing all Imandated spending (except emergencies)
E ngldeferring all nonmandated instructional programs
Efiminating all publications, except those that update the public on
flvcal crises.
February 13, 1996
- 17 -
CURRENT STATUS OF SCHOOLS' BUDGET SHORTFALL
ITEM # 40388 (Continued)
77#e Sc@ Diviswn has made over $5-MILLION in reductions and expenditures since October 77te
Board ted Ciry Cou*cU c to fund the worse-case scenario for the revenue shortfal4
whkh is now to be $4.4-MILLION.
ReWve the possible comwidation of School and City Finances, Mayor Oberndorf advised two
represmwives *tre selected by the School Board Cha@n: Tiin Jackson and Joe Tay@, and the two
re,prese@ves from the City Council are: Council Members Linwood Branch and Barbara Henley. 7hese
representatives met Monday, February 12, 1996.
City Council did not concur with the aforementioned list of recommended reductions. However,
culmination of Spring Athiefics is a School Board decision.
February 13, 1996
- 18 -
Item V-J. I
PUBLIC HEARING ITEM # 40389
Mayor Meyera E. Oberndorf DECL4MD A PUBLIC HFAWNG:
REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION
Tidewater Jewish Foundation, Inc.
7'he following registered in SUPPORT.
Mark Gol&tein, 7300 Newport Avenue, Norfolk 23505, Phone: 489-8040, Executive Vice President and
Chief Fxecutive Officer of the United Jewish Federation of Tidewater.
7'here being no @her speakers, Mayor Oberndorf CLOSED THE PUBLIC HFANNG.
February 13, 1996
- 19 -
Ite,m V-KI.
RESOLUTIONS ITEM # 40390
Upon motion by Council Lady Strayhorn, seconded by Mayor Oberndorf, City Council ADOPTED.
Re,solutwn to support legislation designating T r Jewish
Foundation, Inc, exempt fi-om state and local real and personal
property taxation.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, Robert K Deat4 William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K Parker
February 13, 1996
1 A RESOLUTION SUPPORTING LEGISLATION
2 WHICH WILL DESIGNATE REAL AND
3 P AL PROPERTY OWNED BY TIDEWATER
4 JEWISH FOUNDATION, INC. AS BEING
5 EXEMPT FROM STATE AND LOCAL REAL AND
6 PERSONAL PROPERTY TAXATION
7 WHEREAS, real property located in the City of Virginia
a Beach and to be acquired by Tidewater Jewish Foundation, Inc. is
9 currently subject to Ad valorem taxation;
10 WHEREAS, Tidewater Jewish Foundation, Inc. has requested
11 the Council of the City of Virginia Beach to adopt a resolution in
12 support of its request that the General Assembly act in accordance
13 with Article X, S 6 (a) (6) of the Constitution of Virginia to
14 designate the real and personal property of Tidewater Jewish
15 Foundation, Inc. as being exempt from state and local real and
16 personal property taxation;
17 WHEREAS, the tax assessed value of real estate to be
18 acquired by Tidewater Jewish Foundation, Inc. is $360,000.00,
19 Tidewater Jewish Foundation, Inc. owns no tangible personal
20 property located in the City of Virginia Beach, and if the
21 organization is not tax exempt, real estate taxes would total
22 $4,276.80 per year.
23 WHEREAS, pursuant to S 30-19.04 of the Code of Virginia,
2.4 the Council of the City of Virginia Beach has held a public hearing
25 prior to the adoption of this Resolution and has given all citizens
26 an opportunity to be heard;
27 WHEREAS, the provisions of S 30-19.04 of the Code of
28 Virginia have been examined and considered by the Council of the
29 City of Virginia Beach; and
30 WHEREAS, the Council of the City of Virginia Beach is of
31 the opinion that Tidewater Jewish Foundation, Inc. should be
32 designated as a benevolent corporation within the context of S
33 6(a)(6) of Article X of the Constitution of Virginia and that real
34 and personal property located in the City of Virginia Beach owned
35 by Tidewater Jewish Foundation, Inc. and used by it exclusively for
35 benevolent purposes on a nonprof it basis should be exempt from
36 state and local real and personal property taxation.
37 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
38 OF VIRGINIA BEACH, VIRGINIA:
39 That the Council of the City of Virginia Beach supports
40 the enactment of legislation involving the designation of Tidewater
41 Jewish Foundation, Inc. as a benevolent corporation within the
42 context of S 6(a)(6) of Article X of the Constitution of Virginia
43 and that real and personal property owned by Tidewater Jewish
44 Foundation, Inc. which is located within the City of Virginia Beach
45 and used exclusively for benevolent purposes on a nonprofit basis,
46 be declared exempt from state and local real and personal property
47 taxation.
48 Adopted by the council of the City of Virginia Beach,
49 Virginia, on the 1 3 day of February 1996.
50 CA-6232
51 ORDIN\NONCODE\TJF.RES
52 R-1
53 PREPARED: 02/07/96
54 APPROVED AS TO LEGAL
55 SUFFICIENCY
56
57 Department of Law
2
- 20 -
Item V-K2
RESOLUTIONS ITEM # 40391
BY CONSENSU@ City Council REMOVED FROM THE AGENDA:
Resolution of support for the City of No@ re Transportation
Enhancement F@ for the Intermodal Circulation System elements of
the Crispus Altucks 7heater Cultural Center (,@ponsored by Council
Lady Louisa M. Strayhorn)
February 13, 1996
- 21 -
Item V-K3.
RESOLUTIONS ITEM # 40392
Upon motion by Vice Mayor Sessoms, seconded by Councibnan Branck City Council ADOPTED.
Resolution of support to make application for $50,000 in Transpo@n
Fffwi*RcY IWmvement Funds from the Virginia Department of Rail and
Public TransportaUon re @partation demand mmgement activities
in the City; and the City will match $10,000 in @s if the application
is approved
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Henl4, Louis R Jones,
Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker
February 13, 1996
1 A RESOLUTION SUPPORTING PURSUIT OF
2 TRANSPORTATION EFFICIENCY IMPRO FUNDS
3 FROM THE VIRGINIA DEPARTMENT OF RAIL AND
4 PUBLIC TRANSPORTATION TO CONTINUE
5 TRANSPORTATION DEMAND MANAGEMENT ACTIVITIES IN
6 THE CITY OF VIRGINIA BEACH
7 WHEREAS, the Virginia Department of Rail and Public
8 Transportation, along with the Virginia Department of
9 Transportation and the Federal Highway Administration, have
10 announced the availability of Transportation Ef f iciency Improvement
11 Funds for local transportation demand management activities;
12 WHEREAS, up to a million dollars may be available to
13 Virginia localities for transportation demand management activities
14 during the upcoming fiscal year;
15 WHEREAS, the City of Virginia Beach has been previously
16 awarded approximately $88,000 to initiate transportation demand
17 management activities in Virginia Beach'B transportation network;
18 WHEREAS, the existing transportation demand management
19 program has provided transportation assistance to several
20 businesses and government organizations in Virginia Beach; and
21 WHEREAS, the Tidewater Transportation District Commission
22 has expressed its support for the City's proposal to pursue
23 additional funds and to continue transportation demand activities
24 in Virginia Beach;
25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
26 OF VIRGINIA BEACH, VIRGINIA:
27 That the Council of the City of Virginia Beach directs
28 the City staff to proceed with its application for $50,000 in
29 Transportation Efficiency Improvement Funds to continue
30 transportation demand management activities in the City of Virginia
31 Beach.
32 BE IT FURTHER RESOLVED:
33 That the Council of the City of Virginia Beach will
34 provide matching funds in the amount of $10,000 in the event this
35 application is approved.
36 Adopted by the Council of the City of Virginia Beach,
37 Virginia, on the 13 day of February 1996.
38 CA-6227
39 ORDIN\NONCODE\IMPROVE.RES
40 R-1
41 PREPARED: 02/02/96
APPROVED AS TO CONTENT
Planning @t
AIP T GAL
Su
@@nt f L@aw
2
- 22 -
Item V-L. I.
ORI)17VANCES ITEM # 40393
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhom, City Council ADOPTED:
Ordinance to TRANSFER $400,000 from School 'Renovations and
Replacements - Various' CIP 1-074 to 'Renowtions and Replacements
- Reroofing" Capital Project 1-083 re roofing work at seven school
sites,
Voting: 10-0
Council Members Voting Aye:
John A Baum, Linwood 0. Brancl; III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis F- Jones,
Mayor Meyera E. Oberndorf Vice Mayor Wzllwm D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker
February 13, 1996
I AN ORDINANCE TO TRANSFER $400,000 FROM
2 SCHOOL "RENOVATIONS AND REPLACEMENTS - VARIOUS"
3 CAPITAL PROJECT TO "RENOVATIONS AND REPLACEMENTS - REROOFING"
4 WHEREAS, work identified within the School Capital Improvement Project 1-074
-5 "Renovations and Replacements - Various" has been completed for the current fiscal year;
6 WHEREAS, after completion of all work, there is an unencumbered balance remaining in
7 this project of $584,127;
8 WHEREAS, capital project 1-083 "Renovations and Replacements - Reroofing" has
9 identified needs of $400,000 to undertake roofing work at the following seven school sites:
10 Old Donation Center, Thalia Elementary, Trantwood Elementary, Alanton Elementary, W.T.
I I Cook Elementary, Holland Elementary, and the Bus Garage.
12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
1:3 VIRGINIA BEACH, VIRGINIA that funds in the amount of $400,000 be transferred to Capital
14 Project 1-083 "Renovations and Replacements - Reroofing" from Capital Project 1-074
1 5 "Renovations and Replacements - Various."
1 6 This ordinance shall be effective on the date of its adoption.
1 7 Adopted by the Council of the City of Virginia Beach, Virginia on the 13 day of
18 February -11996.
1 9 Approved as to Content:
20 LEGAT,
21
2@- Walter C. Kraemer, J
- 23 -
Item V-L.2.a.
ORDINANCES ITEM # 40394
Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council ADOPTED.
OrtUnance to audwize temporary encroachment into a portion of the
City @ variable width drainage easement to JOHN J. and SANDR4 A.
DESFOSSES re constructing and maintaining an inground swimming
pool, cement deck, fence and landscaping at rear of 1819 Tree Line
Road in Great Neck Pines (LYNNIL4VEN BOROUGH).
7'he following conditions shall be required:
1. The owner agrees to construct and maintain the encroachment
in accordance with the laws of the Commonwealth of Virginia,
the City of Virginia Beach and the Department of Public
Works.
2. 7he owner agrees to remove the encroachment when notified by
the City of Virginia Beack at no expense to the City.
3. The owner agrees to keep and hold the City fi-ee and harmless
of any liability as a result of the encroachment.
4. 77te owner agrees to maintain said encroachment so as not to
become unsightly or a hazard.
5. 77te owner agrees not to enlarge such permission and authority
to permit the maintenance of construction of any encroachment
other than that specified and to the limited extent specified, nor
to permit the maintenance and construction of any
encroachment by anyone other than the owner.
6. 77te owner agrees to post a Performance Bond and show proof
of public liability insurance of a minimum of Five Hundred
7housand Dollars prior to issuance of a permit to construct
said encroachment.
7 The owner agrees that any above ground encroachments shall
confor7n to the minimum setbacks requirements, as established
by the City Traffic Engincer's Office.
8. 7he owner agrees to submit for review and approrval, a survey
of the area being encroached upon, certified by a professional
engineer, andlor "as built' plans of the encroachment, if
required by either the City Engineer @ Office or the Engineering
Division of the Public Utilities Department.
9. 77ie owner agrees that upon revocation of authority and
permission for the encroachment, the City may remove any such
encroachment and charge the cost thereof to the owners and
collect the cost in any manner provided by law for the
collection of local or state taxes.
10. 7he owner agrees to pay $100 per day for each and every day
that such encroachment is allowed to continue after being
notified of necessary removal.
February 13, 1996
- 24 -
Item V-L2.a.
ORDINANCES ITEM # 40394 (Continued)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; III, Robert K Dean, William W
Harrison, Jr, Harold Heischober, Barbara M Henley, Louis R Jones,
Mayor Meyera E. Oberndorf ;'ice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker
February 13, 1996
I AN ORDINANCE TO AUTHORIZE
2 A TEMPORARY ENCROACHMENT
3 INTO A PORTION OF THE
4 CITY'S VARIABLE WIDTH
5 DRAINAGE EASEMENT TO JOHN
6 J. DESFOSSES AND SANDRA
7 A. DESFOSSES, THEIR
8 HEIRS, ASSIGNS AND
9 SUCCESSORS IN TITLE
10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12 That pursuant to the authority and to the extent thereof
13 contained in Section 15.1-893, Code of Virginia, 1950, as amended,
14 John J. DesFosses and Sandra A. DesFosses, their heirs, assigns and
15 successors in title are authorized to construct and maintain a
16 temporary encroachment into the City's variable width drainage
17 easement at 1819 Tree Line Road.
is That the temporary encroachment herein authorized is for
19 the purpose of constructing and maintaining an inground swimming
20 pool, cement deck, fence, and landscaping and that said
21 encroachment shall be constructed and maintained in accordance with
22 the City of Virginia Beach Public Works Department's specifications
23 as to size, alignment and location, and further that such temporary
24 encroachment is more particularly described as follows:
25 An area of encroachment into a
26 portion of the City's drainage
27 easement, on the certain plat
28 entitled: "SITE PLAN OF LOT 26
29 SUBDIVISION OF GREAT NECK PINES
30 LYNNHAVEN BOROUGH VIRGINIA BEACH,
31 VIRGINIA FOR R. B. STEVENS
32 CONSTRUCTION CO., INC.," a copy of
33 which is on file in the Department
34 of Public Works and to which
35 reference is made for a more
36 particular description.
37 PROVIDED, HOWEVER, that the temporary encroachment herein
38 authorized shall terminate upon notice by the City of Virginia
39 Beach to Mr. and Mrs. DesFosses, their heirs, assigns and
40 successors in title and that within thirty (30) days after such
41 notice is given, said encroachment shall be removed from the City's
42 drainage easement and that their, his heirs, assigns and successors
43 in title shall bear all costs and expenses of such removal.
44 AND, PROVIDED FURTHER, that it is expressly understood
45 and agreed that Mr. and Mrs. DesFosses, their heirs, assigns and
46 successors in title shall indemnify and hold harmless the City of
47 Virginia Beach, its agents and employees from and against all
48 claims, damages, losses and expenses including reasonable
49 attorney's fees in case it shall be necessary to file or defend an
50 action arising out of the location or existence of such
51 encroachment.
52 AND, PROVIDED FURTHER, that the party of the second part
53 agrees to maintain said encroachment so as not to become unsightly
54 or a hazard.
55 AND, PROVIDED FURTHER, that this ordinance shall not be
56 in effect until such time that Mr. and Mrs. DesFosses execute an
57 agreement with the City of Virginia Beach encompassing the
58 aforementioned provisions.
59 Adopted by the Council of the City of Virginia Beach,
60 Virginia, on the 13 day of February 19 96
61 01/11/96
62 CBC/tga
63 F:\..\CAHOON\DESFOSSE.ORD
2
THIS AGREEMENT, made this 20 day of @A,.r-
19 qS' , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, Grantor, party of the first part, and JOHN
J. DESFOSSES and SANDRA A. DESFOSSES, husband and wife, THEIR
HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, party of the
second part (even though more than one).
W I T N E S S E T H:
That, WHEREAS, it is proposed by the party of the
second part to construct and maintain an inground swimming pool,
a 31 cement deck, 41 aluminum pool fence, and landscaping to be
installed in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining such inground I
swimming pool, 3' cement deck, 41 aluminum pool fence, and
landscaping, it is necessary that the said party of the second
part encroach into a portion of an existing variable width City
drainage easement; and said party of the second part has
requested that the party of the first part grant a temporary
encroachment to facilitate such inground swimming pool, 31 cement
deck, 41 aluminum pool fence, and landscaping within a portion of
the City's variable width drainage easement.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further consideration of one
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
GPIN 2408-33-0391
f irst part doth grant to the party of the second part a temporary
encroachment to use a portion of the City's variable width
drainage easement for the purpose of constructing and maintaining
such inground swimming pool, 3' cement deck, 41 aluminum pool
fence, and landscaping.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the City's drainage easement as shown on
that certain plat entitled: "SITE PLAN OF
LOT 26 SUBDIVISION OF GREAT NECK PINES
LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA
FOR R. B. STEVENS CONSTRUCTION CO. INC." a
copy of which is attached hereto as Exhibit
"All and to which reference is made for a
more particular description.
It is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the city of Virginia Beach to the party of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
City's variable width drainage easement by the party of the
second part; and that the party of the second part shall bear all
costs and expenses of such removal.
2
it is further expressly understood and agreed that the
party of the second part shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of
such temporary encroachment,
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the party of the second part.
It is further expressly understood and agreed that the
party of the second part agrees to maintain said encroachment so
as not to become unsightly or a hazard.
It is further expressly understood and agreed that
prior to issuance of a permit to construct the said encroachment,
the party of the second part must post a Performance Bond and
show proof of public liability insurance of a minimum of Five
Hundred Thousand Dollars ($500,000.00).
It is further expressly understood and agreed that
any above ground encroachments shall conform to the minimum
setbacks requirements, as established by the City Traffic
Engineer's Office.
3
it is further expressly understood and agreed that the
party of the second part shall submit for review and approval, a
survey of the area being encroached upon, certified by a
professional engineer, and/or "as built" plans of the
encroachment, if required by either the City Engineer I s of f ice or
the Engineering Division of the Public Utilities Department.
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the party of the second part
to remove such temporary encroachment; and pending such removal,
the party of the first part may charge the party of the second
part compensation for the use of such portion of the City's
right-of-way encroached upon the equivalent of what would be the
real property tax upon the land so occupied if it were owned by
the party of the second part; and if such removal shall not be
made within the time ordered hereinabove by this Agreement, the
City shall impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that such encroachment
is allowed to continue thereafter, and shall collect such
compensation and penalties in any manner provided by law for the
collection of local or state taxes.
IN WITNESS WHEREOF, JOHN J. DESFOSSES and SANDRA A.
DESFOSSES, the said party of the second part have caused this
4
Agreement to be executed by their signatures and seals duly
af f ixed. Further, that the city of Virginia Beach has caused
this Agreement to be executed in its name and on its behalf by
its City Manager and its seal be hereunto af fixed and attested by
its City Clerk.
ROVED AS TO CCi,,, CITY OF VIRGINIA BEACH
By
DEPAR7MENT
Designee of the City Manager
(SEAL)
ATTEST:
city Clerk
(SEAL)
EAL)
SANDRA A. DESFOS E
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-Wit:
I, a Notary
Public in and for the City and State aforesaid, do hereby certify
that I CITY MANAGER/AUTHORIZED DESIGNEE OF
THE CITY MANAGER, whose name is signed to the foregoing Agreement
bearing date on the day of 1 19_, has
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this _ day of
19-.
Notary Public
My Commission Expires:
5
-ATATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public
in and for the City and State aforesaid, do hereby certify that
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH,
whose name is signed to the foregoing Agreement bearing date on
the day of I 19 -, has acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand this _ day of
19-.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, -76Atv t3 N-4woei-u a Notary Public
in and for the City and State aforesaid, do hereby certify that
JOHN J. DESFOSSES and SANDRA A. DESFOSSES, whose names are signed
to the foregoing writing, bearing date the - r24OA- day of
big cem 134Ft , 19'?T , have acknowledged the same before
me in my City and State aforesaid.
Given under my hand this Zol* day of
191@
Notary Public
My Commission Expires: 7- 31- f8
6
Ito
LOCATIO
I AXF
very /$/A
c
Irea@t
OAS
P KF
i't p
- 25 -
Item V-L.2.b.
ORDLYANCES ITEM # 40395
Parke G. Mach@ 207 Massie Road, Richmoni4 Va. 23221, Phone: (804) 353-8704, represented herself.
Upon motion by Councilman Brancl; seconded by Vice Mayor Sessoms, City Council ADOPTED:
Ordinance to authorl-e temporary encroachment into a portion of the
right-of-way of Oceanfi-ont Avenue and 45th Street to THOMAS E. and
PARKE G. MACHL4 re maintaining shrubs at 4501 Oceanfront Avenue
(1,7RGINL4 BEACH BOROUGH), subject to:
7he following conditions are required:
1. 7he owner agrees to construct and maintain the encroachment
in accordance with the laws of the Commonwealth of Virginia,
the City of Virginia Beach and the Depart?nent of Public
Works.
2. The owners agrees to remove the encroachment when notified
by the City of Virginia Beach within thirty (30) days, at no
expense to the City.
3. 7he owners agrees to keep and hold the City free and harmless
of any liability as a result of the encroachment.
4. 77te owner agrees not to enlarge such permission and authority
to permit the maintenance or construction of any encroachment
other than that specified and to the limited extent specified, nor
to permit the maintenance and construction of any
encroachment by anyone other than the owner.
5. The owner agrees to maintain said encroachment so as not to
become unsightly or a hazard.
6 7he owner agrees to obtain a permit from the Development
Services Center prior to commencing any construction.
7 77te owner agrees that upon revocation of authority and
permission for the encroachment, the City may remove any such
encroachment and charge the cost thereof to the owners and
collect the cost in any manner provided by law for the
collection of local or state taxes, as well as, require the owner
to remove such encroachment and pending such removal, pay
compensation for the use of such portion of the City's right-of-
way encroached upon.
8. The owner agrees to pay $100 per day penalty for each and
every day that such encroachment iv allowed to continue after
notice of termination of permission.
February 13, 1996
- 26 -
Item V-L.2b.
ORDINANCES ITEM # 40395 (Continued)
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E.
Oberndorf Vice Mayor Willtam D. Sessoms, Jr and Louisa M. Strayhorn
Council Members Voting Nay:
Robert K Dean
Council Members Absent:
Nancy K Parker
February 13, 1996
1 AN ORDINANCE TO AUTHORIZE A
2 TEMPORARY ENCROACHMENT INTO A
3 PORTION OF THE RIGHT-OF-WAY OF
4 OCEANFRONT AVENUE TO THOMAS E.
5 KACHIA AND PARKE G. MACHIA, THEIR
6 HEIRS, ASSIGNS AND SUCCESSORS IN
7 TITLE
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That pursuant to the authority and to the extent thereof
11 contained in Section 15.1-893, Code of Virginia, 1950, as amended,
12 Thomas E. Machia and Parke G. Machia, their heirs, assigns and
13 successors in title are authorized to construct and maintain a
14 temporary encroachment into the right-of-way of Oceanfront Avenue.
15 That the temporary encroachment herein authorized is for
16 the purpose of maintaining that portion of the "HEDGEROW" adjacent
17 to 4501 Oceanfront Avenue in accordance with the City of Virginia
18 Beach Public Works Department's specifications as to size,
19 alignment and location, and further that such temporary
20 encroachment is more particularly described as follows:
21 The "Hedgerow" adjacent to 4501 Oceanfront
22 Avenue and into a portion of Oceanfront Avenue
23 as shown on the certain plat entitled:
24 "TOPOGRAPHIC SURVEY OF A PORTION OF 45TH
25 STREET & OCEANFRONT AVENUE VIRGINIA BEACH
26 NEAR # 4501 OCEANFRONT AVENUE VIRGINIA BEACH
27 BOROUGH - VIRGINIA BEACH, VIRGINIA FOR PARKE
28 G. MACHIA & THOMAS E. MACHIA," prepared by
29 Ward M. Holmes, Land Surveyor, P.C., a copy of
30 which is on file in the Department of Public
31 Works and to which reference is made for a
32 more particular description.
33 PROVIDED, HOWEVER, that the temporary encroachment is
34 solely that portion of the "Hedgerow" noted and described above
35 located along the eastern boundary of 4501 Oceanfront Avenue and
36 does not include encroachments in 45th Street as shown on the above
37 referenced topographic survey.
38 PROVIDED, HOWEVER, that the temporary encroachment herein
39 authorized shall terminate upon notice by the City of Virginia
40 Beach to Mr. and Mrs. Machia, their heirs, assigns and successors
41 in title and that within thirty (30) days after such notice is
42 given, said encroachment shall be removed from the City's
43 right-of-way of Oceanfront Avenue and 45th Street and that Mr. and
44 Mrs. Machia, their heirs, assigns and successors in title shall
45 bear all costs and expenses of such removal.
46 AND, PROVIDED FURTHER, that it is expressly understood
47 and agreed that Mr. and Mrs. Marcia, their heirs, assigns and
48 successors in title shall indemnify and hold harmless the City of
49 Virginia Beach, its agents and employees from and against all
so claims, damages, losses and expenses including reasonable
51 attorney's fees in case it shall be necessary to file or defend an
52 action arising out of the location or existence of such
53 encroachment.
54 AND, PROVIDED FURTHER, that the party of the second part
55 agrees to maintain said encroachment so as not to become unsightly
56 or a hazard.
57 AND, PROVIDED FURTHER, that this ordinance shall not be
58 in effect until such time that Mr. and Mrs. Marcia execute an
59 agreement with the City of Virginia Beach encompassing the
60 aforementioned provisions.
61 Adopted by the Council of the City of Virginia Beach,
62 Virginia, on the - 13 day of F-ebruarv _, 1996.
63 CA-6220
64 11/6/95
65 02/14/96
2
THIS AGREEMENT, made this ld%Zk day of IhfV
19@, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, GRANTOR, party of the first part, and
i@ THOMAS E. MACHIA and PARKE G. KACHIA, husband and wife, THEIR
HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, party of the second part,
GRANTEE.
W I T N E S S E T H:
That, WHEREAS, it is proposed by the party of the
second part to maintain existing landscaping in the city of
Virginia Beach; and
WHEREAS, in maintaining such landscaping, it is
necessary that the said party of the second part encroach into a
portion of an existing City right-of-way known as ocean Front
Avenue and 45th Street; and said party of the second part has
requested that the party of the first part grant a temporary
encroachment to fac-'@l-@tate such existing landscaping within a
portion of the City's right-of-way known as Ocean Front Avenue
and 45th Street.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further consideration of one
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the party of the second part a temporary
encroachment to use a portion of the City's right-of-way known as
Ocean Front Avenue and 45th Street for the purpose of maintaining
such landscaping.
it is expressly understood and agreed that such
II temporary encroachment will be maintained in accordance with the
laws of the Commonwealth of Virginia and the City of Virginia
Beach, and in accordance with the City of Virginia Beach Public
I' Works Department's specifications and approval as to size,
alignment and location and is more particularly described as
follows, to wit:
An area of encroachment into a portion of
the City's right-of-way known as ocean Front
Avenue as shown on that certain plat
it entitled: "TOPOGRAPHIC SURVEY OF A PORTION
OF 45TH STREET & OCEANFRONT AVENUE LOCATED
NEAR # 4501 OCEANFRONT AVENUE VIRGINIA BEACH
BOROUGH - VIRGINIA BEACH, VIRGINIA FOR PARKE
G. MACHIA & THOMAS E. MACHIA," prepared by
Ward M. Holmes, Land Surveyor, P.C., 9225
Granby Street, Norfolk, Virginia 23503, 804-
480-1240, a copy of which is attached hereto
as Exhibit "All and to which reference is
made for a more particular description.
It is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the City of Virginia Beach to the party of the second
part, and that within thirty (30) days after such notice i
given, such temporary encroachment shall be removed from the
City's right-of-way known as ocean Front Avenue and 45th Street
by the party of the second part; and that the party of the second
part shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the
party of the second part shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
2
reasonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of
such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the party of the second part.
it is further expressly understood and agreed that the
party of the second part agrees to maintain said encroachment so
as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
party of the second part must obtain a permit from the
Development Services Center prior to commencing any construction
within the City's right-of-way.
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the party of the second part
to remove such temporary encroachment; and pending such removal
ii the party of the first part may charge the party of the secona
part compensation for the use of such portion of the City's
right-of-way encroached upon the equivalent of what would be the
real property tax upon the land so occupied if it were owned by
the party of the second part; and if such removal shall not be
made within the time ordered hereinabove by this Agreement, the
11 City shall impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that such encroachment
is allowed to continue thereafter, and shall collect such
compensation and penalties in any manner provided by law for the
collection of local or state taxes.
IN WITNESS WHEREOF, Thomas E. Machia and Parke G.
Machia, the said party of the second part has caused this
Agreement to be executed by signature and seal duly affixed.
Further, that the city of Virginia Beach has caused this
Agreement to be executed in its name and on its behalf by its
City Manager and its seal be hereunto affixed and attested by its
City Clerk.
CITY OF VIRGINIA BEACH
By City 4anager/Authorized
Designee of the City :Iianager
4
(SEAL)
ATTEST:
Cler
la
Pa
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
1, a Notary
Public in and for the city and State aforesaid, do hereby certify
that CITY MANAGER/AUTHORIZED DESIGNEE OF
AGER, whose name is signed to the foregoing Agreement
THE CITY MAN
bearing date on the day of 19_, has
fore me in my City and State aforesaid.
acknowledged the same be
GIVEN under my hand this day of
19
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public
in and for the City and State aforesaid, do hereby certify that
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH,
whose name is signed to the foregoing Agreement bearing date on
5
the day of I 19 -, has acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand this day of
19-.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
@.L'I'x Ur to-wit:
a Notary Public
in and for the City and State aforesaid, do hereby certify that
THOMAS E. MACHIA and PARKE G. MACHIA, whose names are signed to
the foregoing writing, bearing date the day of
I 191r, have acknowledged the same before
4i
me in my City and State aforesaid.
Given unde hand this day of
ire
9
blic
My Commission Expires:
ik Co=iWan Eige4 Mal 31,1391
6
xq b?l -r 'A ASPHALT
DRIVE
LOT 34A
SHRUB
IP(F') N 81'03' E 87.50' IP(F) 0
POR . FR. ED
2 -0
ON
BRICK
ui WALK ic7c
OD CURB
a; 0
C'4
4
0 C,4 3c HOLLY
LOT B F=
LOT A 2:
< >1
ui F- ui
OD ILO' Z 2
z
o
;o
0
z
CITY 'NO <
PARKING' SGN@ (n L.Li
C)
BRICK BRICK WALK C)
HE
ow
ST (70'
(F'ORP4R@EL Ee A WN&t "IW EDGE OF
,4) PAVEMENT
TOPOGRAPHIC SURVEY
OF A PORTION OF
45TH STREET & OCEANFRONT AVENUE
LOCATED NEAR
4501 OCEANFRONT AVENUE
VIRGINIA BEACH BOROUGH - VIRGINIA BEACH, VIRGINIA
FOR
PARKLT G. MACHIA & THOMAS E. MACHIA
DATE' FEB. 15, 1995 WARD M. HOLMES
LAND SURVEYOR, P.C.
SCALE: la - 25' 9225 GRANBY STREET
NOTE: FOR PLAT SEE M.B. 182 NORFOLK, VIRGINIA 23503
PG. 21, VA. BEACH, VA. 804-480-1230 PROJ. NO. 95161
IRATES
,ar
SITE
mo@
Sea
SI
LOCATION MAP
March 9, 1995
Mr. Jim Lawson
City Of Va. Beach
office Of Real Estate Rm 170
Municipal Center
Va. Beach, Va. 23456
RE: Application For an encroachment permit by the owners of
4501 Oceanfront Ave., Va. Beach, Va. 23451
Dear Mr. Lawson:
I understand that the owners of 4501 Oceanfront Ave. have
applied for an encroachment permit allowing them to plant a row
of hedges in the city right-of-way along Oceanfront Ave and
45th St. I also want to point out that they have already
planted the shrubbery in question. Their application comes as a
result of a complaint that the City received.Their action of
placing this shrubbery in the right of way has eliminated a
substantial amount of public parking. I estimate that they have
eliminated approximately 130 linear feet along Oceanfront Ave
and 100 linear feet along 45th St. I am opposed to their
request for the reasons listed below and request that this
letter be placed in the file and given consideration when
arriving at your decision.
1. I believe that their intent for planting the
shrubs in the right-of-way is two fold. First, and foremost,
they want to eliminate the publ.iclv- right to park along those
two streets. This parking has existed for as long as I can
remember and I have used this parking for the past 20 years
during the summer. Secondly, by eliminating this parking, they
are dramatically increasing their property. When you consider
the amount of land that is in question (230 linear feet times
15 feet wide (3,450 sq. ft.), that represents .46% of the
standard lot size (5Oxl5O) at the North-end. I would estimate
that the value of a lot in their location to be worth around
$225,000. Based on that, they propose to acquire the equivalent
of $103,500 worth of real estate (.46 x $225,000) without
paying for it or paying any real estate taxes!
2. The hedges are planted 5 feet off of the edge of
the road pavement. Oceanfront Ave is not a particularly wide
road and as such, this hedge does not allow vehicular traffic
any margin of error in the event that a car or truck needs
additional room to run off of the surface of the road in order
to provide more room for a large passing car or truck.
3. This application, if approved, will establish a
precedent that is not in the best interest of the public. I do
not believe that public property should be taken from the
public for the benefit a private owner. If approved, what will
prevent every owner on 45th at, and every other street at the
North-end from doing the same thing? How can you tell the next
owner on 45th St that they cannot do the same thing. To allow
owners to take away public parking for their own benefit is, in
affect, privatizing the public beaches by eliminating the
public's access to the beach by eliminating parking. I
understand that the owner feels that they should be allowed to
do this because everyone else at the north end does it. The
City cannot possibly monitor the entire City for encroachment
violations such as these;however, when the are brought to the
attention of the City, as this has, the City has the obligation
to do what is in the best interest of the public and not a
private owner. I do not believe that approving this application
is in the best interest of the public and as such, it should
not be approved.
I would ask that someone from your department contact me to
keep me informed as to the progress of this matter. I would
like to be notified when this matter is to go before the City
Council. Thank you for your consideration in this matter. I can
be reached during the day at 490-8300.
Sincerel
@bq(k
R. Mark Johnson
Michael A. Via
1404 N. Bayshore Dr.
Virginia Beach, VA. 23451
March
Mr. Jim Lawson
City of VA. Beach
Office of Real Estate 170
Municipal Center
Virginia Beach, VA. 23456
Dear Mr. Lawson,
I am writing in reference to the encroachment of private
property and the elimination of public parking located at 4501
Oceanfront Ave. I have been using the beach and parking on this
street for the past 22 years. Now one property owner has willfully
disregarded and violated the rights of many public citizens to
access the beach at this location. If every owner decided to do the
same, where in God's name would we be able to park to access the
beach and public property? No one person should be able to condemn
public property for private use.
Such wanton disregard of the rights of others causes ill will
among citizens. We all must respect others rights, especially when
it involves the greater needs of the public over individuals. The
fact that this particular property owner believes he can do
anything he wishes without prior city approval is unconscionable
and needs to be denied any further consideration. Although this
individual is obviously incapable of doing the right thing, I trust
the city will by restoring the rights of the public in this case
and any others such as this.
Thank you for your consideration and assistance in this
matter.
Sincerely,
@ 6. Vc,:
Michael A. Via
- 27 -
Item V-L.2.c.
ORDINANCES ITEM # 403%
Upon motion by Councibnan Harrison, seconded by Ytce Mayor Sessoms, City Council ADOPTED.-
Ordinance to authorize temporary encroachment into a portion of the
right-of-way of 215 87th Sbvet to ROBERT TAYLOR re constructing
and maintaining a 2-foot cinderblock retaining wall on Lot 16, Block 2,
Section D, @ Henry (LYNNHAVEN BOROUCRH), subject to:
7'he following conditions shall be required:
1. 7he owner agrees to remove the encroachment when notified by
the City of Virginia Beaci4 at no expense to the City.
2. 7he owner agrees to keep and hold the City free and harmless
of any liability ay a result of the encroachment.
3. 7he owner agrees to maintain said encroachment so as not to
become unsightly or a hazard
4. 7he owner agrees to no open cut of the public roadway @cept
under extreme circumstances and such exceptions shall be
submitted to the Development Services Center for final
approval
5. 7he owner agrees to obtain a permit fi-om the Development
Services Center prior to commencing any construction.
6 7he owner agrees to carry general liability insurance in an
amount not less than $500,000 and have the City names as an
additional insured
7 7he owner agrees to conform to the minimum setback
requirements as established by the City Traffic Engineer's
Office.
7he owner agrees to construct and maintain the encroachment
in accordance with the laws of the Commonwealth of Virginia,
the City of Virginia Beach and the Department of Public Works
Specifications.
9. 7he owner agrees not to enlarge such permission and au&hority
to permit the maintenance or construction of any encroachment
other than that specified and to the limited extent specified, nor
to permit the maintenance and construction of any
encroachment by anyone other than the owner.
10. 7he owner agrees to obtain a permit fi-om the Development
Services Center prior to commencing any construction within
the City's right-of-way.
II. 7he owner agrees to post a Performance Bond and show proof
of public liability insurance of a minimum of Five Hundred
7housand Dollars.
February 13, 1996
- 28 -
Item V-L.3.
ORDINANCES ITEM # 40396 (Continued)
12. 77se owner agrees to submit for review and approva4 a survey
of the area being encroached upon, certified by a professional
engineer andlor 'as built' plans of the encroachment if
re*red by either the City Engineer's Office or the Engineering
Division of the Public Utilities @rtment.
13. 7he owner agrees to pay $100 per day for each and every day
that such encroachment is allowed to continue after being
notified of necessary removal.
Voting: 10-0
Council Members Voting Aye:
John A. Ba@ Linwood 0. Branck III, Robert K Dear; William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absen
Nancy K Parker
February 13, 1996
1 AN ORDINANCE TO AUTHORIZE
2 A TEMPORARY ENCROACHMENT
3 INTO A PORTION OF THE
4 RIGHT-OF-WAY OF 87TH
5 STREET TO ROBERT TAYLOR,
6 HIS HEIRS, ASSIGNS AND
7 SUCCESSORS IN TITLE
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That pursuant to the authority and to the extent thereof
11 contained in Section 15.1-893, Code of Virginia, 1950, as amended,
12 Robert Taylor, his heirs, assigns and successors in title are
13 authorized to construct and maintain a temporary encroachment into
14 the right-of-way of 87th Street .
15 That the temporary encroachment herein authorized is for
16 the purpose of constructing and maintaining a retention wall and
17 that said encroachment shall be constructed and maintained in
18 accordance with the City of Virginia Beach Department of Public
19 Works' specifications as to size, alignment and location and
20 further that such temporary encroachment is more particularly
21 described as follows:
22 An area of encroachment into a
23 portion of the City's right-of-way
24 known as 87th Street , on the
25 certain plat entitled: of
26 ENCROACHMENT PLAT SHOWING BLOCK
27 RETAINING WALL IN 87TH STREET RIGHT-
28 OF-WAY LOT 16, BLOCK 2, SECTION D
29 CAPE HENRY MB I P Sb LYMMVEN
30 BOROUGH VIRGINIA BEACH, VA. SCALE:
31 111 = 10, 7 JULY 1995 GALLUP
32 SURVEYORS & ENGINEERS, LTD," a copy
33 of which is on file in the
34 Department of Public Works and to
35 which reference is made for a more
36 particular description.
37 PROVIDED, HOWEVER, that the temporary encroachment herein
38 authorized shall terminate upon notice by the City of Virginia
39 Beach to any of f icer of Robert Taylor, his heirs, assigns and
40 successors in title and that within thirty (30) days after such
41 notice is given, said encroachment shall be removed from the City's
42 right-of-way of 87th Street and that Robert Taylor, his heirs,
43 assigns and successors in title shall bear all costs and expenses
44 of such removal.
45 AND, PROVIDED FURTHER, that it is expressly understood
46 and agreed that Robert Taylor, his heirs, assigns and successors in
47 title shall indemnify and hold harmless the City of Virginia Beach,
48 its agents and employees from and against all claims, damages,
49 losses and expenses including reasonable attorney's fees in case it
50 shall be necessary to file or defend an action arising out of the
51 location or existence of such encroachment.
52 AND, PROVIDED FURTHER, that the party of the second part
53 agrees to maintain said encroachment so as not to become unsightly
54 or a hazard.
55 AND, PROVIDED FURTHER, that the party of the second part
56 agrees that no open cut of the public roadway shall be allowed
57 except under extreme circumstances and such exceptions shall be
58 submitted to the Highway Division of the Department of Public Works
59 for final approval.
60 AND PROVIDED FURTHER, that the party of the second part
61 agrees to obtain a permit from the Development Services Center
62 prior to commencing any construction within the city's right of
63 way.
64 AND PROVIDED FURTHER, that the party of the second part
65 agrees to carry general liability insurance in an amount not less
66 than $500,000 and have the city named as an additional insured.
67 AND PROVIDED FURTHER, that the party of the second part
68 agrees to conform to the minimum setback requirements as
69 established by the city traffic engineer's office.
70 AND, PROVIDED FURTHER, that this ordinance shall not be
71 in effect until such time that Robert Taylor execute an agreement
72 with the City of Virginia Beach encompassing the aforementioned
73 provisions.
74 Adopted by the council of the City of Virginia Beach,
75 Virginia, on the 13 day of February 19 96
ARROVL
or),l
THIS AGREEMENT, made this @ day ofa Vern be r
19@5 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA a
municipal corporation, Grantor, party of the first part, and
ROBERT TAYLOR, his heirs, assigns and successors in title,
Grantee, party of the second part.
W I T N E S S R T H:
That, WHEREAS, it is proposed by the party of the
second part to construct and maintain a retaining wall in the
City of Virginia Beach; and
WHEREAS, in constructing and maintaining such retaining
wall, it is necessary that the said party of the second part
encroach into a portion of an existing City right-of-way known as
87th Street; and said party of the second part has requested that
the party of the first part grant a temporary encroachment to
facilitate such retaining wall within a portion of the City's
right-of-way known as 87th Street.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further consideration of One
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the party of the second part a temporary
encroachment to use a portion of the City's right-of-way known as
87th Street for the purpose of constructing and maintaining such
retaining wall.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and the
city of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the City's right-of-way known as 87th Street
as shown on that certain plat entitled:
"ENCROACHMENT PLAT SHOWING BLOCK RETAINING
WALL IN 87TH STREET RIGHT-OF-WAY LOT 16,
BLOCK 2, SECTION D CAPE HENRY, 11 a copy of
which is attached hereto as Exhibit "All and
to which reference is made for a more
particular description.
it is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the city of Virginia Beach to the party of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
City's right-of-way known as 87th Street by the party of the
second part; and that the party of the second part shall bear all
costs and expenses of such removal.
It is further expressly understood and agreed that the
party of the second part shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of
such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the parties of the second part.
It is further expressly understood and agreed that the
parties of the second part agree to maintain said encroachment so
as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
parties of the second part agree that no open cut of the public
roadway shall be allowed except under extreme circumstances.
Such exceptions shall be submitted to the Development Services
Center for final approval.
It is further expressly understood and agreed that the
parties of the second part must obtain a permit from the
Development Services Center prior to commencing any construction
within the City's right-of-way.
It is further expressly understood and agreed that
prior to issuance of a Highway permit, the parties of the second
part must post a Performance Bond and show proof of public
liability insurance of a minimum of Five Hundred Thousand Dollars
($500,000.00).
It is further expressly understood and agreed that any
above ground encroachments shall conform to the minimum setbacks
3
it is further expressly understood and agreed that the
party of the second part shall submit for review and approval,
survey of the area being encroached upon, certif ied by a
professional engineer, and/or "as built" plans of the
encroachment, if required by either the City Engineer's Office or
the Engineering Division of the Public Utilities Department.
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the party of the second part
to remove such temporary encroachment; and pending such removal,
the party of the first part may charge the party of the second
part compensation for the use of such portion of the City's
right-of-way encroached upon the equivalent of what would be the
real property tax upon the land so occupied if it were owned by
the party of the second part; and if such removal shall not be
made within the time ordered hereinabove by this Agreement, the
City shall impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that such encroachment
is allowed to continue thereafter, and shall collect such
compensation and penalties in any manner provided by law for the
collection of local or state taxes.
IN WITNESS WHEREOF, Robert Taylor, the said party of
the second part has caused this Agreement to be executed by his
4
signature and seal duly affixed. Further, that the City Of
Virginia Beach has caused this Agreement to be executed in its
name and on its behalf by its city Manager and its seal be
hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
By City Manager Authorized
Designee of the city Manager
(SEAL)
ATTEST:
city Clerk
Robert Taylo:
5
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in and for the City and State aforesaid, do hereby certify
that , CITY MANAGER/AUTHORIZED DESIGNEE OF
THE CITY MANAGER, whose name is signed to the foregoing Agreement
bearing date on the - day of 19_, has
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this _ day of
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public
in and for the City and State aforesaid, do hereby certify that
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH,
whose name is signed to the foregoing Agreement bearing date on
the - day of 1 19 -, has acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand this - day of
19-.
Notary Public
My Commission Expires:
6
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, )5 a Notary Public
in and for the City and State aforesaid, do hereby certify that
Robert Taylor, whose name is signed to the foregoing writing,
the q@
bearing date day of 19@5, has
acknowledged the same before me in my city and State aforesaid.
Given under my hand this day of
19q -5.
Nota@y Public
My Commission Expires:
C)
7
@S' HU@' '@R
I INK,
1-7
@ERI
LC
SHOWING
215 87TH STREET
SCALE: 1"
EXIIIBIT "A"
z
LOT 14
@O
S 07-15'000 E PIN(F)
50.00
z
<
LOT 16 z 0.
U-
tn 0
Z of
Z ig 0
co
F-
UJ
UJ
22.7'
EX. R/W LINE
'O
EX. OVERHEAD MRES co
NEW CONC. APRON
150.00'
N 0715-00- W PIN(F)
EX.PP/SL
LOT IS
ENCROACHMENT PLAT
SHOWING BLOCK RETAINING WALL
IN 87th. STREET RIGHT-OF-WAY
LOT 16, BLOO( 2. SECTION D
CAPE HENRY
MO I P Ob
LYNNHAVEN BOFTO(JGH
MRGINIA @CH, VA.
SCALE: l' 10' 7 JULY 1995
lo a 0 to to
scale feet
Gallup Su li @re Ltd.
31 6 Firiit Colonial Road
VIRGINIA BEACH, VIRGINIA 23454
Phone 428-8132
- 29 -
item V-L.3.
ORDINANCES ITEM # 40397
Upon motion by Counci@ Heischober, seconded by Councilman Baum, City Council ADOPTED:
Ordinance to audwize Ldcense Refunds in the amount of $2,941.45 upon
applicafion of certain persons and upon certification of the Commissioner
of the Revenue.
Voting: 9-0
Council Members Voting Aye:
John A. Bau#4 Robert K Dea@ William W Harrison, Jr., Harold
Heischober, Barbara M Henley, Louis P, Jones, Mayor Meyera E
Oberndorf Vice Mayor William D. Sessoms, Jr and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood 0. Branck 111, and Nancy K Parker
February 13, 1996
NO. CA 0 FEV. 3"
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date
Year Paid Base Penalty Int. Total
Lloyd Tarbutton Associates, Inc.
1072 Laskin Road #202 1994-95 Audit 58.63 58.63
Virginia Beach, VA 23451
Shelton, James W. 1995 Audit 21.02 21.02
T/A Lights Out Termite & Pest control
5620 Comanche Road
Virginia Beach, VA 23462
Certified as to Payment:
Rd6
Commissioner of ti Revenue
Approved as to form:
This ordinance shall be effective from date of City Attorney
adoption.
The above abatement(s) totaling $79.65 were approved by the Council
of the City of Virginia Beach on the 13 day of February 96
19
Ruth Hodges Smith
City Clerk
MM NO CA 8 FEV, SW
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
First Photo, Inc. 1994-95 Audit 206.96 206.9ro
T/A Photo Finishers The
2817 Shore Drive #102
Virginia Beach, VA 23451
Gate Petroleum company #507
T/A Gate Petroleum & Food
P.O. Box 23627 1995 Audit 2,519.49 2,519.49
Jacksonville, FL 32241-3627
Gil, Italo 1993-94 Audit 135.35 135.35
T/A Vision Enterprises
5108 Hawks Bill Court
Virginia Beach, VA 23464
Certified as to Payment:
Commissioner of the Revenue
Approved as to form:
Leslie L. Lilfe-y
City Attorney
This ordinance Shall be effective from date of
adoption,
The above abatement(s) totaling S@,861.gn were approved by the Council
of the City of Virginia Beach on the 13 day of February '19 96
Ruth Hodges Smith
City Clerk
- 30 -
v-
PUBLJC HEARING ITEM # 40398
PLANNING
MaYor Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. k7RG17VL4 BE,4CH N CLUB, INC AND
WALTER CASON BARCO STREET CLOSURE
2. HARPERS INVESTMENTS CONDI77ONAL USE PERMIT
3. MOUNT BETHEL BAPTIST cmuRCH CONDITIONAL USE PERMIT
4. P.C.S. PRIMECO, L.P. COA7)rFIONAL USE PERNM
S. AL4N C. H7LLL4MS COADMONAL USE PERUM
6. TAYLOR FARM ASSOCL4TEs, LLC CIL4NGES OF ZONING
7. CITY ZOA7NG ORDINANCE AMEND AND REORDAIN
SEC. 4021DIMENSIONAL
REQUIREMEN7'SIAG-IIAG-2
February 13, 1996
- 31 -
item V-M.I.
PUBLJC HFARING ITEM # 40399
PL,4NNING
Auorney Jbhn Mchardsom 2101 Parks Avenue, represented the applicant and requested an additional 12
month DEFERRAL.
Upon @ by Vice Mayor Sessoms, seconded by Councilman Jones, City Council DEFERRED AN
ADDITJONAL 7WELVE (12) MONMS FOR COMPLL4NCE until February 11, 1997 7he Petitwn
of VLRG17VL4 BEACH MARUN CLUB, 17VC and WALTER CASON BARCO for the discontinuance,
closure and abandonment of the following parcels:
Petition of Virg@ Beach Marlin Club, Inc. and Walter Cason Barco for
the discontinuance, closure and abandonment of the following parcels:
Parcel 1: Closure of a portion of Greensboro Avenue beginning at the
Northwest intersection of Greensboro Avenue and Mediterranean Avenue,
running a distance of forty -eight (48) feet along the Northern property
line ( rn boundary of Block 30, Shadow Lawn Heights) and running
in a Southeasterly direction to the Southwest intersection of Greensboro
Avenue and Mediterranean Avenue.
Parcel 2: Closure of a portion of Mediterranean Avenue, running a
distance of forty -one (41) feet along the Eastern property line (Western
boundary of Lot 1, Block 18, Shadow Lawn Heights) and running in a
Northwesterly direction to the Southwest intersection of Greensboro
Avenue and Mediterranean Avenue. VIRGINL4 BEACH BOROUGH
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert K Deam William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Linwood 0. Branck III and Nancy K Parker
February 13, 1996
- 32 -
Ikm V-M.2.
PUBLIC HFARING ITEM # 40400
PLANNING
Lyle L. Tatroe, 1141 Cypress Point Way, Phone: 490-9880, Haworth Realo, represented the applicant
Upon motion by Councibnan Deap; seconded by Yice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of IL4RPERS INVESTMEN7S, a Virginia General Partnership, for a
Conditional Use Permit.-
ORDINANCE UPON APPLICATION OF HARPERS INVESTMEN7S A
P7RGINL4 GENERAL PARTNERSHIP, FOR A CONDITIONAL USE
PERMIT R02962018
BE IT HEREBY ORDAINED BY THE COUNCIL OF THL CITY OF VIRGINLI BF,4CH, VIRGIVL4
Ordinance upon application of Harpers Investinents, a Virginia General
Partnership, for a Conditional Use Permit for an automobile repair
establishment on certain property located on the west side of Oceana
Boulevard 309.07 feet south of Harpers Road Said parcel contains
2Z391 square feet. PRINCESS ANNE BOROUGII.
7he following conditions shall be required:
1. Building setbacks must be maintained frorn the ultimate First
Colonial RoadlOceana Boulevard and Southeastern Parkway
and Greenbelt rights-of-way.
2. Any free-standing signage must be monument style.
3. No repair, storage of materials, or overnight storage of vehicles
will be permiued outside the building.
4. A @scape plan must be developed for the project that meets
or exceeds City Zoning Ordinance requirements.
5. The site plan will include a cross access to the car wash site
situated to the north.
7'his Ordinance sWi be effective in accordance with Section 107 (t) of the Zoning Ordinance.
Ai4ted by the Council of the City of rirginia Beaci4 Virginia, on the 77tirteenth a
f Feb inet n
Hundred
February 13, 1996
- 33 -
Ben V-M.2.
PUBLIC HEARING ITEM # 40400 (Continued)
PLANNING
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck 111, Robert K Dea?t Harold
Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E
Oberndorf Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
William W Harrison, Jr. and Nancy K Parker
February 13, 1996
- 34 -
Item V-M.3.
PUBIJC HEARING ITEM # 40401
PLANNING
Robert & Miller, III, 5033 Rouse Drive, Phone: 490-9264, represented the applicant
Upon moizon by Council Lady Strayhom, seconded by Councilman Jones, City Council ADOPTED an
Ordinance upon gwication of MOUAT BE7HEL BAPTIST CHURCH for a Conditional Use Pemy
ORDINANCE UPON APPLJCATION OF MOUNT BETHEL BAPTIST
CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH
R02962019
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI7Y OF 1,7RGINLI BE,4CH, VIRGINL4
Ortffnance Van application of Mount Bethel Baptist Church for a
Con&@l Use Permit for a church on the east side of Indian River
Road, north of @ Lake Lane. Said parcel is located at 4636 Indian
River Road and contains 4.6 acres. KEMSPYILLE BOROUGH.
7'he following conditions shall be required:
1. Prior to the submission of detailed construction plans, the
applicant shall meet with Planning Deparo"ent staff to discuss
tree preservation and the location of required best management
practice facilities for stormwater control.
2. 7he site must connect to City sewer, when available.
3. Category I landscape material shall be installed along the
@ern side of the temporary classrooms to provide screening
from Indian River Road
4. 77ic @rary classroom is approved for a period of five years.
Any desired renewal will be through the Planning Commission
and City Counci4 not a&ninistrative.
7'his Ordinance shall be effective im accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Trzrginia Beaci4 Virginia, on the Thirteenth QtFebruaM Nineteen
Hundred and Ninety-Six,
February 13, 1996
- 35 -
Item V-M.3.
PUBLIC HEARING ITEM # 40401 (Continued)
PLAAWLIVG
Voting: 10-0
Council Members Voting Aye:
John A Bawn, Linwood 0. Branck III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K Parker
February 13, 1996
- 36 -
Item V-M.4.
PUBLIC HFANNG ITEM # 4"02
P ING
Mark Willuunson, 9000 World Trade Center, Phone: 640-3713, was in attendance to respond to
questions.
Upon mohon by Counci@ Deat; seconded by Vice Mayor Sessoms, Cq Council ADOPTED an
Ordnance upon application of P.C.S. PRIMECO, L.P. for a Conditional Use Permit.-
ORDINANCE UPON APPLJCA TION OF P. C S. PRIMECO, L P. FOR A
CONDITIONAL USE PERMIT FOR A 150-FOOT COMMUNICATIONS
TOWER R02962020
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, V7RGINL4
Ordinance upon application of P.CS. PrimeCo, L.P. for a Conditional
Use Permit for a 150-foot communications tower on property located
800 feet more or less west of General Booth Boulevard north of Dam
Neck Road. Said parcel is located at 1525 General Booth Boulevard and
contains 5.490 acres. PRINCESS ANNE BOROUCH.
7'he following conditions shall be required.-
Only d"e trees necessary to accommodate the construction of
the proposed tower, and accessory structures shall be removed
from this site. All other trees located on this property will
remain undisturbed
2 Future joint use, for primary and secondary tower users, must
be accommodated on this tower.
3. 77te proposed tower must be designed and constructed in
similar fashion as the existing monopole structure, including the
coloration and lighting of the tower.
Ms Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beaci; rzrginia, on the Thirteenth of Febriiaty, Nineteen
Hundred and Ninety -Six,
Voting: 10-0
Council Members Vohng Aye:
John A. Baum, Linwood 0 Branch, III, Robert K Dear; William W
Harrison, Jr., HaroZd Heischober, Barbara M Henley, Louis P, Jones,
Mayor Meyera E Oberndorf Yzce Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker
February 13, 1996
- 37 -
item V-M.5.
PUBL[C HEARING ITEM # 40403
PLANNING
Alan C Williams, 1485 General Booth Boulevard #110, Phone: 425-0250
Upon motion by Councilman Dear; seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of ALAN C 47LLJAMS for a Conditional Use Permit.,
ORDINANCE UPON APPLICATION OF ALAN C lf7LLL4MS FOR A
CONDITIONAL USE PERMIT FOR AN INDOOR RECREATIONAL
FACIL17Y (B,47TING CAGE) R02962021
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CIIY OF VIRGINLI BEACH, FIRGINL4
Ordinance Wm application of Alan C Williams for a Conditional Use
Permit for an indoor recreational facility (batting cage) on the west side
of General Booth Boulevard 900 feet more or less north of Dam Neck
Road. Said parcel is located at 1489 General Booth Boulevard and
contains 8 acres. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. The bauing cage shall occupy a space of approximately 3000
square feet, as delineated on the copy of the Booth Hill
Sh@ng Center site plan submitted with the conditional use
permit application.
2. 7he use shall be completely enclosed within the existing
shqong center structure, and shall not involve the
construction of any additional building area.
7his Ordinance shall be effective in accordance with Section 107 (o of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beacl; Virginia, on the Thirteenth Qf Febru n
Hundred and Nine
Voting: 10-0
Council Members Voting Aye:
John A. DauN4 Linwood 0. Branck III, Robert K Deat4 William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.
Nancy K Parker
February 13, 1996
- 38 -
item V-M.6.
PUBLIC HFARING ITEM # 40404
PLANNING
Attorney P- E. Bour@ Pembroke One, Fifth Floor, Phone: 499-8971, represented the applicant
Upon motion by CounciLaman @ seconded by Vice Mayor Sessoms, City Council DEFERRED FOR
TIHRTY DAYS UN77L CITY COUNCIL MEETING OF AL4RCH 12, 19% Ordinances upon
applicafion of TAYLOR FARM ASSOCL47ES, LLC for Changes of Zoning District Classifications:
ORDINANCE UPONAPPLIC4TION OF TAYLOR FARMASSOCL4TE@
LLC FOR A CIL4NGE OF ZONING DISTRICT CL4SSIFICATION
FROM R-20 to R-10
Ordinance upon application of Taylor Farm Associates, LLC for a
Change of Zoning District Classification from R-20 Residential District
to R - 10 Residential District on the following parcels:
Parcel 1: South side of London Bridge Road, 1460 feet more or less
West of Pine View Avenue.
Parcel 2: South side of London Bridge Road, 800 feet more or less West
of Pine View Avenue.
The proposed zoning classification change to R-10 is for single family
residential land use on lots no less than 10,000 square feet. 7he
C@ehensive Plan recommends use of this parcel for suburban low
density residential at densities that a" compatible with single family use
in accordance with other Plan policies. Said parcels contain 65 acres.
PRINCESS ANNE BOROUGH.
A ND,
ORDINANCE UPON APPLICA TION OF TA YLOR FARM ASSOCLI TE@
LLC FOR A CHANGE OF ZONING DISTRICT CL4SSIFICATION
FROM AG-1 TO R-10
Ordinance upon application of Taylor Farm Associates, LLC for a
Change of Zoning Distnct Classification from AG -I Agricultural District
to R-10 Residential District on certain property located 2650 feet more
or less southwest of the intersection of Lontion Bridge Road and Pine
View Avenue. 77&e proposed zoning classification cltange to R-10 is for
single f@ly residential @ use on lots no less than 10,000 square feet.
7'he Comprehensive Plan recommends use of this parcel for suburban low
density residential at densities that are compatible with single family use
in accordance with other Plan policies. Said parcel contains 11 acres.
PRINCESS ANNE BOROUGH
A ND,
ORDINANCE UPON APPLICA TION OF TA YLOR FARM ASSOCLI TE@
LLC FOR A CHANGE OF ZONING DISTRICT CL4SSIFICATION
FROM R - 10 TO PD -H2 PLANNED UNIT DETIELOPMENT
Ordinance upon application of Taylor Farm Associates, LLC for a
Change of Zoning District Classification fi-om R - 10 Residential District
to PD-H2 Planned Unit Development on certain property located 2670
feet more or less southwest of the intersection of London Bridge Road
and Pine View Avenue 7he proposed zoning classification change to
PD-H2 is for planned development. 77te Comprehensive Plan
recommends use of this parcel for suburban low density residential at
densities that are compatible with single family use in accordance with
other Plan policies. Said parcel contains 175 acres. PR[NCESS ANNE
BOROUGH.
February 13, 1996
- 39 -
Item V-M.6.
PUBLIC HFARING ITEM # 40404 (Continued)
PL,4NNING
Voting: 10-0
Council Members Voting Aye:
John A. Baum, LinwoodaBrancl; III, Robert K Deap; Willmm W
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R Jones,
Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent
Nancy K Parker
February 13, 1996
- 40 -
Item V-M.7.
PUBLJC HFARING ITEM # 40405
PL-4NNING
Upon motion hy Council Lady Henky, seconded by Vice Mayor Sessoms, City Council ADOPTED.,
Orduwnce to AMEND and REORDAIN Sectwn 402 of the City Zoning
Ordinance re dine I req@ements in the AG-] and AG-2
Agncultural Districts DELETING requirement for 300 feet of road
frontage.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, Robert K Dear; William W
Harrison, Jr, Harold Heischober, Barbara M Henley, Louis P, Jones,
Mayor Meyera E. Oberndorf Vice Mayor William D Sessoms, Jr and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K Parker
February 13, 1996
I Requested by Councilme @ r John A. Baum
2
3 AN ORDINANCE TO AMEND AND REORDAIN
4 SECTION 402 OF THE CITY ZONING
5 ORDINANCE OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA, PERTAINING TO
7 DIMENSIONAL REQUIREMENTS IN THE AG-1
8 AND AG-2 DISTRICTS
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11 That Section 402 of the City Zoning ordinance of the City of
12 Virginia Beach, Virginia, is hereby amended and reordained to read
13 as follows:
14 Sec. 402. Dimensional requirements
is The following chart lists the requirements within the AG-1 and
16 AG-2 Agricultural Districts for minimum lot area, width, yard
17 spacing, and height regulations for single-family dwellings. Note,
18 however, that minimum lot area, as stated in section 402 (a) (1) ,
19 shall not be used to calculate density allowance. Allowable
20 density shall be determined in accordance with section 402(b).
21 (a) For single-family dwellings:
Agricultural
Districts
AG-1 AG-2
22 (1) Minimum lot area: I acre I acre
23 (2) Minimum lot width: 150 feet 150 feet
24 (3) Minimum front yard setback: 50 feet 50 feet
25 (4) Minimum side yard setback: 20 feet 20 feet
26 (5) Minimum rear yard setback: 20 feet 20 feet
27 (6) Maximum height: 35 feet 35 feet
28 (7) The setback for any yard that adjoins a major
street or right-of-way designated on the official
transportation plan shall be 50 feet.
29 (b) Residential density. The allowable density on each tract
30 of land as existing on the effective date of this ordinance (June
31 28, 1994] shall be one (1) dwelling unit for each fifteen (15)
32 acres of land capable of supporting septic systems. Nothing herein
33 shall be construed as prohibiting the use by right of a lot
34 lawfully created on or prior to the ef f ective date of this
35 ordinance for the purpose of constructing one (1) single-family
36 dwelling. Additionally, any lot fifteen (15) acres or larger
37 lawfully created on or prior to the effective date of this
38 ordinance may be subdivided of right into a total of two (2)
39 building sites provided that each lot has at least three hundred
40 (309) feet ef pubile roadway frontage and satisfies all state and
41 local development regulations.
42 The following chart lists the requirements within the AG-1 and
43 AG-2 Agricultural Districts for minimum lot area, width, yard
44 spacing, maximum lot coverage and height regulations for uses
45 and structures other than dwellings.
46 (c) For uses other than dwellings:
Agricultural
Districts
AG-1 AG-2
47 (1) Minimum lot area: 3 acres 3 acres
48 (2) Minimum lot width: 150 feet 150 feet
49 (3) Minimum front yard setback: 50 feet 50 feet
50 (4) The setback for roadside stands for any yard
adjacent to street shall be 20 feet.
51 (5) Minimum side yard setback: 20 feet 20 feet
52 (6) Minimum rear yard setback: 20 feet 20 feet
53 (7) Maximum lot coverage: 15 15
percent percent
54 (8) The setback for any yard that adjoins a major
street or right-of-way designated on the official
transportation plan shall be 50 feet.
55 (9) There shall be no maximum height requirements for
uses other than dwellings in the Agricultural
Districts except that no building or other
structure shall exceed the height limit established
by section 202(b) regarding air navigation.
2
56 Adopted by the City Council of the City of Virginia Beach on
57 this 13 day of February 1996.
58 CA-6137
59 WMK/ORDRES/45-402.ORD
60 DATE PREPARED - 11/13/95
61 Rl
APFROVED AS TO CONTENT
t 0
APPROVED AS TO LEGAL
STJ"ICIENCY
ltcpirt;cnt of Law
3
- 41 -
V-N.
APPOIA'TMEATS ITEM # 40406
BY CONSEIVSUS, City Council RESCHEDULED the following appointments:
FRANCIS L41VD HOUSE BOARD OF SUPERT,7SORS
PERSONNEL BOARD
1,7RGINL4 BF,4CH CRIME TASK FORCE
YOUTH SERT17CES COORDINATING COUNCIL
February 13, 1996
- 42 -
Ite,m V- 0.
UNFINISHED BUSIAIESS ITEM # 40407
77je following spoke in OPPOSITION to e@ination of trees on Shore Drive:
Vtc@a Matheny, Ame: 491-1880, her daughter was one of the fatalities on Shore Drive
Maury Bailey, 2412 Ketch Court, Phone: 496-1934
Dr. Martin Peskins, 113 83rd Street, Phone: 428-6575, suggested renaming this segment of the road
"Seashore State Parkway"
B. H. "Pat' Bridges, 557 Longleaf Road, Phone: 340- 7723
Reba S. McClanan, 3224 Burnt Mill Road, Phone: 340-8835, suggested renaming the road, "First
@ng Parkway"
Lisa Lillis, 2310 Calvert Street, @e: 496-0002, Environmental Scientist
Jennifer Kyle, 2208 Lord Seaton Circle, Phone: 481-5775
Sandra Krebs, 1209 Sycamore Road, Phone: 486-8313
James Hayden, 2153 E. Admiral Drive (Cape Henry Shores), Phone: 481-1481
Upon motion by Councilman Harrison, seconded by Councilman Branck City Council.-
Re: Shore Drive Hazard (Phase I - CIP 2-285).
ACCEPTED the recommendations* and directed the City Manager to
move @rd and use eve?Y effort possible to limit the number of trees
(69 or @s) to be r and that the contractor identify the trees to be
remmed. 77se City Manager's staff shall coordinate with the contractor
to replant a similar number of trees within Seashore State Park or close
within the vicinity along Shore Drive in the area of Fort Story.
*A 6-foot wide stabilized shoulder left of traffic (with 3 feet of asphalt pavement and 3 feet of compacted
aggregate) and a 10-foot wide stabilized shoulder nght of traffic (with 4 feet of asphalt pavement and
6 feet of cm"cted aggregate) for the westbound lanes of traffic. Within the limits of the asphalt portion
of these Amlders %ill be included the rumble strips. 7he clearing of trees will beprovided to
a point appr tely 12 feet beyond the @ting right edge of pavement, or of sufficient distance to
Permut access fOr construction vehicles to install these roadway shoulders. The other recommendations
outlined in the engineer's report will also be included in this project: continue Police enforcement
program; install more frequent oversized speed limit signs; install rumble strips in shoulders; restore
@ing pavement markings and markers; and install milepost markers. Funding is already programmed
for the Awe I (westbound) @ovements in CIP 2-285 in the amount of $110,000, with an additional
$550,000 to be provided by an approved grant to that account (2-285). Funding for the Phaye II
(easffimnd) bwavements will be programmed in subsequent CIP updates.
February 13, 1996
- 43 -
item V-0.
UNFINISHED BUSINESS ITEM # 40407
Voting: 8-2
Council Members Voting Aye:
John A Baum, Linwood 0. Branci4 III, William W Harrison, Jr,
Harold Heischober, Barbara M Henley, Louis R Jones, Trice Mayor
William D. Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
Robert K Dean and Mayor Meyera E. Oberndorf
Council Members Absent:
Nancy K Parker
February 13, 1996
- 44 -
Item V-PI
AREW BUSIA(ESS ITEM # 40408
ADD-ON
Counci@ Branch referenced the increased number of potholes as a result of the cold weather.
John Herzke, Traffic Engineer, advised the City is aware of the progra@ and Public Works has identified
the necessity for interiin patching and certain areas have been programmed for resurfacing.
Mr. Herzke advised calls should be referred to Art Shaw, Engineer - Public Works, Operations.
February 13, 1996
- 45 -
Item V-R2
NEW BUSINESS ITEM # 40409
ADD-ON
Council Lady Henky inquired as to whether there had been a total cost identified as a result of the City's
ice @m.
77ie City Manager admed the costs are being itemized and he is hopefid the Fmergency Declaration
re@sement will be afforded Costs are still being incurred with ongoing cleanup and sanitafion.
Residents Amld place their broken tree limbs, cut into four-foot lengths, on the curb during normal
collection times.
77te City Manger will report as soon as the analysis is received
February 13, 1996
- 46
Item V-P.3
INEW BUSINESS ITEM # 4Ok4lO
ADD-ON
Counci@ Dean referenced a PUBLIC NOTICE of VDOT re the widening of Kempsville Road on the
City @ and Chesapeake's corporate side. Any written requests for Public Hearings are to be received by
Februapy 23, 1996.
7he advertisement reflects a widening of KempsvUle Road to sir lanes. 7his is an error as this Road is
in the CIP for widening to four lanes.
Counci@ Dean requested the Cities of Virginia Beach and Chesapeake have a PUBLIC HEARLVG
on this projec4 not in NorfoLk nor Suffo* but somewhere along this corridor, ie. Tallwood Elementary
SchooL
John Herzke, City Engineer, advised the descnptwn was not totally accurate. 7his meeting is meant to
cover both projects. VDOT a@s to choose a location for Hearings that is central or relatively close
to the proposed site. 7he VDOT residency office is on Military Highway near Greenbriar. 7he notice was
a 'willingness notice' to determine the level of participation for a Public Hearing, before one is
SCHEDULED.
February 13, 1996
- 47 -
Item V-P.4.
NEW BUSINESS ITEM # 40411
Mayor Oberndorf advised March 1, 1996, has been SCHEDULED for the JOINT WOPKSHOP of the
City Council and Planning Commission relative the Comprehensive Plan.
February 13, 1996
Itein IV- Q.
ADJOURNMENT ITEM 40412
Mayor Oberndorf DECLARED 4he City Counczl Meeting ADJOURNED at 6:08 P.M.
Chief Deputy City Clerk
--------------------------
Meyera E. Oberndorf
City Clerk Mayor
C@ of Virginia Beach
Virginia
February 13, 1996