MAY 10, 1994 MINUTES"WORLD'S LARGEST RESORT CITY"
CFTY COUNCIL
MAYOR .~,¢ETERA E. O/~EP,,%'DORJ
I, qCE MA YO,R WIUJA.~f D, SF. SSOM$, JR.
LL'~VOOD 0 BP.A. NCH I11. V~,~
JAMES ~/. BRA21ER, JR. L.~t~..w~
ROBERT K. ~. ~ A~
PAUL} ~NE, ~ ~
N~' ~ PA~R. A~,~
LE~JE L MLLEY. C,,?
/~UTH tfODGE~ &~.trrtf. CMC t ~A£, (',r7
CITY COUNCIL AGENDA
MAY 10.1994
I. INFORMAL SESSION
- Council Chamber -
1:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oborndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
II. FORMAL SESSION
- Council Chamber -
2:00 PM
A. CALL TO ORDER - Mayor Moyera E. Obemdorf
B. INVOCATION:
Reverend Frederick P. Guy
Messiah Lutheran Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E, CERTIFICATION OF EXECUTIVE SESSION
F. MAYOR'S PRESENTATION
AWARD OF FINANCIAL REPORTING ACHIEVEMENT
Patrlcla A. Phillips, Director of Finance
G. COUNCIL COMMITTEE REPORT
1986 BOND REFERENDA
William Schlimgen, Chairman
H. ORDINANCES/RESOLUTION
1. FY 1994-1995 BUDGET APPROPRIATIONS
Ordinance to make APPROPRIATIONS for the Fiscal Year beginning July 1,1994
and endlng June 30, 1995 in the sum of Seven Hundred Rfty-Three Million, Seven
Hundred Twenty-Four Thousand, One Hundred Fifty Nine and No/100 Dollars
($753,724,159) for operations; Two Hundred Fifty-Three Million, Four Hundred
Twelve Thousand, Seven Hundred Eighty and No/100 Dollars ($253,412,780) in
Interfund Transfers; and, regulating the payment of money out of the City
Treasury, as amended.
b. Ordinance to establish the tax levy on real estate for Te.x Fiscal Year 1995.
Ordinance to establish the tax levy on personal property and machlnery and
tools for Calendar Year 1995.
Ordinance to allow the City Manager, or the Director of Management and Budget,
to TRANSFER excess appropriations during the fiscal year to the Reserve for
Contingencies for use In funding unanticipated expenditures.
Ordinance to authorize the City Manager to eliminate, suspend, and/or reduce,
as appropriate, salary Increases associated with administrative Increases, in-
range adjustments, market adjustments, promotions, career progressions and other
personnel actions during Fiscal Year 1994-1995.
Ordinance to AMEND and REORDAIN Chapter 2, Article III, Divisions 1 and 2 of
the Code of the City of Virginia Beach, Virginia, by AMENDING Section 2-84 re
annual leave and to AMEND Sections 2-101, 2-102, 2-103, 2-104, 2-105, 2-
106, 2-107, 2-108, 2-109, 2-110, 2-111, 2-112 and 2-116; and, ADDING
Sections 2-117, 2-117.1 and 2-117.2 re administration of the basic pay plan.
Resolution to reorganize the existing structure of City Operations re Development
Review Process and Waste Management and Housing Inspections.
2. FY 1994-1995 / FY 1999-2000 CAPITAL IMPROVEMENT PROGRAM
ao
Ordinance to adopt the FY 1994-1995/FY 1999-2000 Capital Improvement
Program; and, APPROPRIATE $97,925,122 for the FY 1994-1995 Capital
Budget, subject to funds being provided from various sources.
Ordinance to authorize the Issuance of General Obligation Bonds of the City of
Virginia Beach, Virginia, in the maximum amount of $50,800,000 for various
schools, roads, buildings, public facilities and general Improvements.
Ce
Ordinance to authorize the Issuance of General Obllgatlon Bonds of the City of
Virginia Beach, Virginia, in the maximum amount of $8,000,000 for roads,
highways and bridges.
Ordinance to authorize the Issuance of Water and Sewer System Revenue
Bonds of the City of Virginia Beach, Virginia, in the maximum amount of
$14,080,000 re Improvements and expansions to the City's Water/Sewer
System.
Alternative Ordinance to adopt the FY 1994-1995/FY 1999-2000 Capital Improvement
Program; and, APPROPRIATE $97,925,122 for the FY 1994-1995 Capital Budget,
subject to funds being provided from various sources.
(Sponsored by Councilman John D. Moss).
I. CONSENT AGENDA
All matters listed under the Consent Agenda are considered In the ordinary course of business
by City Council and will be enacted by one motion in the form listed. If an item is removed from
the Consent Agenda, it will be discussed and voted upon separately.
Ordinance to AMEND and REORDAIN Section 6-17 of the Code of. the City of Virginia
Beach, Virglnla, re unsafe swimming or wading areas.
Ordinance to authorize the City Manager to submit the City's Final Statement of Objectives
to the Department of Houslng and Urban Development (HUD) re use of the City's
allocation of $ 3,167,000 Twentieth Year (1994-1995) Community Development Block
Grant Funds.
Ordinance to TRANSFER $70,789 from General Fund Reserve for Contingencies to the
Department of Public Works FY 1993/1994 Operating Budget re restoring funds used
for roadway snow and Ice control materials.
Ordinance to declare a portion of a sixty-six (66)-foot wide strip of property adjacent to
Lot 3, Subdivision of Princess Anne Place, as EXCESS PROPERTY in the application
of Robert and Frances Cooper; and, authorizing the City Manager to sell same to Mr.
and Mrs. Cooper (PRINCESS ANNE BOROUGH). (Deferred March 22, 1994)
5. Ordinance to authorize tax refunds In the amount of $1,244.61.
J. PUBUC HEARING
1. PLANNING
ao
Application of MRS. OPAL LEE MILLS for a Variance to Section 4.4(b) of the
Subdivision Ordinance which requires all lots created by subdivision to meet all
requirements of the City Zoning Ordinance, at 1530 Horseshoe Drive
(LYNNHAVEN BOROUGH).
Recommendation:
APPROVAL
Application of ROBERT and DORIS ROGERS for a Conditional Use Permit for
Sit, pie family homes In the Agricultural District at the Southwest intersection of
Princess Anne Road and West Neck Road, containing 15.93 acres (PUNGO
BOROUGH).
Recommendation:
APPROVAL
Co
Application of OLEVA WHITEHURST ESTATE for a Conditional Use Permit for
single fatal _K, dwellings In the Agricultural District on the South side of Morris Neck
Road. 400 feet more or less West of Fitztown Road, containing 48.6 acres
(PUNGO BOROUGH).
Recommendation:
APPROVAL
do
Application of GAYLE and JACQUEENE ROUNTREE, T/A HOLLY RIDGE
MANOR FARM for a Conditional Use Permit for an Indoor recreational facility_
(animal training) in the AG-1 and AG-2 Agricultural Districts 1765 feet South of
Seaboard Road. West of Princess Anne Road (2997 Seaboard Road), containing
26,136 square feet (PRINCESS ANNE BOROUGH).
Recommendation:
APPROVAL
eo
Application of TEA CELLULAR NETWORK SERVICES for a Conditional Use
Permit for a 150-foot communication tower 2750 feet more or less West of
General Booth Boulevard. 2640 feet more or less North of London Bridge Road
(2385 London Bridge Road). containing 10 acres (PRINCESS ANNE BOROUGH).
Recommendation:
APPROVAL
2. PLANNING - RECONSIDERATIONS
ao
RECONSIDERATION OF CONDITION (NUMBER TWO) in the December 17,
1991, approved Application of LOTUS CREEK ASSOCIATES for a Modification
to the Land Use Platt for Lotus Creek re 2700 Atwoodtown Road (PRINCESS
ANNE BOROUGH).
Recommendation:
APPROVAL
RECONSIDERATION OF CONDITIONS (NUMBERED ONE AND SEVEN) in the
March 12, 1973. approved Application of ROGER CAHOON and LESLIE TERRY
re the Eastern extremity of Indian Circle, tn behalf of JAMES M. BEVERLY
(LYNNHAVEN AND VIRGINIA BEACH BOROUGHS):
Recommendation: DEFER INDEFINATELY
K. UNFINISHED BUSINESS
L. NEW BUSINESS
1. COUNCIL-SPONSORED ITEMS:
ao
RURAL AREA PRESERVATION - Discussion
(Sponsored by Councilman John A. Baum)
bo
CROATAN PARKING PLAN
(Sponsored by Councilman James W. Brazier, Jr.)
Co
Ordinance to AMEND and REORDAIN Chapter 21 of the Code of the City of
Virginia Beach, Virginia, by ADDING Section 21-343 re reimbursement for
expenses proximately caused by driving while Impaired (DUI),
(Sponsored by Councilman Paul J, Lantelgne)
M. ADJOURNMENT
If you are physically disabled or visually Impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing Impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
5/05/94bap
AGENDA~-10-94.PLN
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May I0, 1994
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BF_,ACH
CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 10, 1994, at 1:30 P.M.
Council Members Present:
John A. Baum, Robert W. Clyburn, Robert IC Dean, Louis R. Jones, John
D. Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Absent:
Linwood O. Branch, III
[ENTERED: EXECUTIVE SESSION]
James W. Brazier, Jr.
[ENTERED: EXECUTIVE SESSION]
Paul J. Lanteigne
[ENTERED: 2:10 P.M.]
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 officer of Central Fidelity Banlc The Vice Mayor regularly files this Disclosure with the
City Clerk as he may or may not know of the Bank's interest in any application that may come before City
Council. Vice Mayor Sessoms' letter of May 10, 1994, is hereby made a part of the record.
City of Virginia Beach
WILLIAM D. SESSOMS, JR.
VICE MAYOR
809 GREENTREE ARCH
VIRGINIA BEACH, VIRGINIA 23451
(804) 473-3925
May 10, 1994
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Conflict of Interests Act
Dear Mrs. Smith:
In accordance with my letter to you dated August 10, 1993, I have thoroughly
reviewed the agenda for the May 10, 1994, meeting of City Council for the purpose of
identifying any matters in which I might have an actual or potential conflict under the
Virginia Conflict of Interests Act. Based on that review, please be advised that, to the best
of my knowledge, there are no matters on the agenda in which I have a "personal interest,"
as defined in the Act, either individually or in my capacity as an officer of Central Fidelity
Bank. Accordingly, I respectfully request that you record this letter in the official records
of the Council.
Thank you for your assistance and cooperation in this matter.
VeT truly yours,
William D. Sessoms, Jr.
Vice-Mayor
WDS,Jr./dmc
-2-
ITEM # 37964
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of V~rginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion or consideration of or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2~-344 (A) (~).
To-Wit: Appointments: Boards and Commissions:
Arts & Humanities Commission
Medical College of Hampton Roads
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly-held property, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A)(3).
To-Wit: 19th Street Right-of-Way
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, James W.. Brazier, Jr., Louis R. Jones, Paul J. Lanteigne,
John D. Moss, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice
Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, Robert K. Dean and Paul J. Lanteigne
May 10, 1994
-3-
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
May 10, 1994
1:30 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 10, 1994, at 2:00 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert gE.
Clyburn, Robert I~ Dean, Louis R. Jones, John D. Moss, Mayor Meyera
E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
Paul J. Lanteigne
[ENTERED: 2:10 P.M.]
INVOCATION:
Reverend Frederick P. Guy
Messiah Lutheran Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
May 10, 1994
-4-
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 37965
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies;
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis I~ Jones, John D. Moss, Mayor Meyera
E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Paul J. Lanteigne
May 10, 1994
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 37964, Page No. 2, and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive
Session to which this certification resolution applies; and, C°) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
Ruth Hodges Smith, CMC/AAE
City Clerk
May 10, 1994
-5-
Item H-F.I.
MAYOR'S PRESENTATION
ITEM # 37966
Mayor Oberndorf PRESENTED the AWARD OF FIN~4NCIAL REPORTING ACHIEVEMENT to:
Patricia A. Phillips
Director of Finance
Robert Hayes and Don Barnett joined Patricia Phillips in ACCEPTING this AWARD.
The Government Finance Officers Association awarded the Certificate of Achievement for Excellence in
Financial Reporting for the City's Comprehensive Annual Financial Report for the Fiscal Year ended
June 30, 1993. The City has received this award for the Fourteenth consecutive year.
THIS ITEM WAS MOVED AFTER THE VOTE ON THE OPERATING BUDGET/CIP TO ALLOW MRS.
PHILLIPS TO ARRIVE FROM THE AIRPORT.
May 10, 1994
-6-
Item H-G.
COUNCIL-COMMITTEE REPORT ITEM # 37967
William Schlimgen, Chairman - Bond Referendum Committee, reported 'on expenditures and obligations
incurred by the City through March 31, 1994, on Highway and School projects related to the 1986
Referendum, Community Center projects related to the 1987 Referendum, School Projects related to
the 1989 Referendum, and the Lake Gaston Water Resources Project approved by the 1988 Referendum.
Concerning the 1986 Highway Referendum, the Ferrell Parkway, Independence Boulevard Phase II-A,
Indian River Road, Northampton Boulevard, General Booth Boulevard and two Lynnhaven Parkway
projects are complete. Construction is scheduled to begin on Independence Boulevard, Phase IV-A in
April 1994. 0f$39,796,966 authorized, 100.1% or $39,828,743, has been contracted.
Re the 1987 Recreation Center Referendum, the Great Neck, Bayside, Bow Creek and Princes Anne
facilities are open to the public. Through March 31, 1994, $32,679,874, or 99.5%, of the $32,850,000
total has been contracted.
Regarding the 1986 School Referendum, negotiations are underway for the Various School Site
Acquisitions. Construction is complete on Ocean Lakes, Red Mill Farm, Tallwood and Glenwood
Elementaries. Sites for Landstown (formerly Green Run) Elementary and Middle School and Strawbridge
Elementary School have been acquired. Construction began on Ocean Lakes High School in January 1993
and, as of March 31, 1994, was 86% complete. Corporate Landing Elementary School is 100% complete.
Funds totaling $32,310,000, or 100% of the $32,310,000 authorized, have been contracted.
Concerning the 1986 School Referendum, work is complete on the original thirteen elementary school
gymnasium additions. Construction on the addition at Old Donation Center for the Gifted and Talented
began December 1992 and, as of March 31, 1994, was 99.9% complete. Work is complete on Strawbridge
Elementary and the Bayside and Kellam High School modernizations. Construction of the Tallwood High,
Landstown Elementary, and Landstown Middle School projects is 100% complete, respectively. Of
$68,275,000 authorized, $68,239,008, or 99.9%, has been contracted.
Relative the 1988 Lake Gaston Water Resource Project Referendum, in December 1991, a federal
appeals court ruled construction could begin on the overhead crossings (Contract BI) and the below-
ground portion of the pump station (part of Contract D1). Construction has begun on B1 and the
authorized portion of D1, and is 84% and 98% complete, respectively. Of $129,622,000 authorized,
$26,838,696, or 20. 7%, has been contracted.
May 1 O, 1994
City of Virginia
Beach
2304 BASTION COURT
VIRGINIA BEACH, VIRGINIA 2345,4
May 10, 1994
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk
Municipal Center
Virginia Beach, VA 23456
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
Dear Mrs. Smith:
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of
Virginia, I make the following declaration:
The transaction for which I am executing this written disclosure is the City
Council discussion and vote on the FY94-95 proposed operating budget for the
City.
I am currently employed by the City of Virginia Beach as a police officer in
a position in the Commonwealth Attorney's Office.
As a City employee, I am a member of a group, i.e., City employees, the
members of which are affected by the transaction.
I wish to disclose this interest and declare that I am able to participate in the
transaction fairly, objectively, and in the public interest.
Mrs. Ruth Hodges Smith -2- May 10, 1994
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
Accordingly, I respectfully request that you record this declaration in the official
records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City
Attorney, which addresses this same matter.
Thank you for your assistance and cooperation in this matter.
Sincerely,
Councilman
JWBjr/clb
Enclosure
City of Virginia
LESLIE L. LILLEY
CITY A'FI'ORNEY
MUNICIPAL CENTER
V1RGINIA BLEACH, VIRGINIA 2345~-9004
(804) 427-4531
FAX (804) 426-5687
TDD (804) 427-4305
May 10, 1994
Councilman James W. Brazier, Jr.
Municipal Center
Virginia Beach, VA 23456
Re: Request for Conflict of Interests Act Opinion
Dear Councilman Brazier:
I am writing in response to your request for an opinion as to whether you may
participate in the City Council discussion and vote on the FY94-95 proposed operating
budget for the City.
Summa~ Conclusion;
I am of the opinion that since the Conflict of Interests Act does not anticipate the
personal interests of a legislator-employee regarding the transactions before a public body,
you do not have a personal interest in the transaction as defined by the Act. Thus, you are
permitted to participate in this matter without restriction. Notwithstanding this conclusion,
I have previously advised you by letter of July 2, 1990, to follow the dictates of the Act in
cases in which you will realize a reasonably foreseeable direct or indirect benefit or
detriment.
The facts herein indicate that it is reasonably foreseeable that you may realize a
financial benefit or detriment, depending upon the decisions made by the Council with
respect to the budget which includes, among other provisions, provisions regarding a merit
increase and a cost-of-living adjustment. Therefore, it is my advice that you follow the
dictates of the Act. Based on the fact that you are a member of a group which is affected
by the transaction, i.e., all City employees, the Act provides that you may participate in the
Councilman James W. Brazier, Jr. -2-
Re: Request for Conflict of Interests Act Opinion
May 10, 1994
discussion and vote on the budget upon disclosure and a determination by you that you can
participate fairly, objectively, and in the public interest. For your information I have
outlined the disclosure requirements of Section 2.1-639.14(G) should you desire to disclose
your relationship and vote; I have also set forth the applicable provisions for abstention set
forth in § 2.1-639.14(E), should you choose not to vote.
I base the aforesaid conclusions on the following facts which you have presented.
Please review and verify the accuracy of the facts as set forth as you may only rely upon this
opinion if they are correct and complete.
Fact$ Presented:
Your request for an advisory opinion is generated by the City Council discussion and
vote on the City's proposed operating budget for FY94-95. The operating budget includes,
among other provisions, provisions regarding a merit increase and a cost-of-living
adjustment. You advise that your concern with respect to the transaction is that you are
currently employed by the City of Virginia Beach as a police officer, earning a salary in
excess of $10,000 and you are assigned to the Commonwealth Attorney's Office. You also
are a Council member of the City of Virginia Beach, earning a salary in excess of $10,000.
Issue;
Are you precluded from participating in the City Council discussion and vote on the
proposed operating budget for FY94-957
Discussion;
I. Applicable Definitions of §2.1-639.2:
A. The City Council as the legislative branch of local government is a
"governmental agency" under the Act.
of the Act.
As an elected governmental official, you are an 'officer" within the meaning
C. As an employee of the City, you are also an %mployee' within the meaning of
the Act.
Councilman James W. Brazier, Ir. -3-
May 10, 1994
Re: Request for Conflict of Interests Act Opinion
D. City Council's discussion and vote on the budget is a "transaction" as defined
by the Act. A 'transaction" includes any matters considered by any governmental agency
on which official action is taken or contemplated.
E. ~Business" is defined as a corporation, partnership, sole proprietorship, firm,
enterprise, franchise or association, trust or foundation, or any other individual or entity
carrying on a business or profession, whether or not for profit. Neither the City nor the City
Council falls within the definition of a ~business' under the Act.
F. "Personal interest" is defined as a financial benefit or liability which accrues
to an officer, employee, or to an immediate family member. The interest exists by reason
of one of five categories specified therein as: 1) ownership in a business if the ownership
interest exceeds 3 % of the total equity of the business 2) annual income from ownership in
real or personal property or a business in excess of $10,000.00 3) salary from the use of
property or paid by a business that exceeds $10,000.00 annually 4) ownership of real or
personal property when the interest exceeds $10,000.00 in value, exclusive of ownership in
a business, or salary 5) personal liability incurred or assumed on behalf of a business which
exceeds 3 % of the asset value of the business. (Emphasis added).
G. A "personal interest in the transaction" exists when an officer or employee or
a member of his immediate family has a personal interest in property or a business or
represents any individual or business and such property, business or represented individual
(i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or
indirect benefit or detriment as the result of the agency considering the transaction.
(Emphasis added).
II. Application of Definitions;
A. Personal Interest
Based upon my review of the facts presented, you do not have a "personal interesff
as def'med above, because you do not receive a salary from a "business." Instead, your
salary is paid by the City of Virginia Beach which is classified under the Act as a
governmental agency.
B. Personal Interest in the Transaction
You do not have a "personal interest", as defined above, therefore you cannot have
a "personal interest in the transaction" under the definition of the Conflict of Interests Act.
Councilman James W. Brazier, Jr. -4-
Re: Request for Conflict of Interests Act Opinion
May 10, 1994
l~I. Prohibilions and Disclosure RequiremenB
Based on the conclusion that you have no personal interest in the Council's discussion
and vote on the budget, it is my opinion that you are permitted to participate in discussions
of the City Council and vote on this item. As indicated in my letter to you dated July 2,
1990, the Conflict of Interests Act does not anticipate the personal interests of a legislator-
employee regarding transactions before the public body. However, while you do not have
a personal interest as defined by the Act, I advised that you follow the dictates of the Act in
cases where you personally will realize a financial benefit or detriment as an employee of
the City.
Council's discussion and vote on the proposed FY94-95 operating budget could
foreseeably result in a financial benefit or detriment to you since you are a City employee.
Thus, it is my advice that you follow the dictates of the Act. Based on the fact that you are
a member of a group which is affected by the transaction, i.e., all City employees, the Act
provides that you may participate in the discussion and vote on the budget upon disclosure
and a determination by you that you can participate fairly, objectively, and in the public
interest. (See § 2.1-639.11(A)(2)). In the alternative, you may choose to abstain from
voting and disclose any interest. Either of these may diffuse any perception problems that
may arise. (See § 2.1-639.14(E)).
Enclosed please find a written declaration form, should you decide to declare your
interest. This disclosure form is based on § 2.1-639.14(G). This section provides that you
may either make this declaration orally, which is to be recorded in the written minutes of the
City Council, or you may file a signed written declaration with the Clerk of City Council,
who shall retain and make this document available for public inspection for a period of five
years from the date of recording or receipt.
If you should desire to abstain from voting, § 2.1-639.14(E) provides that in such
instances, the officer shall forthwith make disclosure of the existence of his interest and his
disclosure shall be reflected in the public records for five years.
The Conflict of Interests Act deals with the types of influences upon a public officer's
or employee's judgment which are clearly improper. The law cannot, however, protect
Councilman James W. Brazier, Jr. -5-
Re: Request for Conflict of Interests Act Opinion
May 10, 1994
against all appearances of improper influence. In that respect the Act places the burden on
the individual officer to evaluate whether the facts presented would present an appearance
of impropriety which is unacceptable or which would affect the confidence of the public in
the officer's ability to be impartial.
Please contact me should you desire any additional information.
Very truly yours,
City Attorney
LLL/RMB/clb
Enclosure
City of Virginia
PAUL J. LANTEIGNE
COUNCILMAN - PUNGO BOROUGH
(804) 721-5535
4752 STONE ROAD
VIRGINIA BEACH, ViRGiNIA 23457
May 10, 1994
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk
Municipal Center
Virginia Beach, VA 23456
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
Dear Mrs. Smith:
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of
Virginia, I make the following declaration:
The transaction for which I am executing this written disclosure is the City
Council discussion and vote on the FY94-95 proposed operating budget for the
City.
e
I am currently employed by the City of Virginia Beach as a police officer in
a position in the Sheriff s Office. Furthermore, my wife is currently employed
by the Virginia Beach School Board.
The City Attorney has advised me that as a City employee, I am a member of
a group, i.e., City employees, the members of which are affected by the
transaction. He has also advised that as a School Board employee, my wife
Mrs. Ruth Hodges Smith -2- May 10, 1994
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
is likewise a member of a group, i.e., School Board employees, the members
of which are affected by the transaction.
I wish to disclose this interest and declare that I am able to participate in the
transaction fairly, objectively, and in the public interest.
Accordingly, I respectfully request that you record this declaration in the official
records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City
Attorney, which addresses this same matter.
Thank you for your assistance and cooperation in this matter.
Sincerely,
PJL/clb
Enclosure
Paul J. ~teigne
Councilman
City of Virginia Bcach
LESLIE L. LILLEY
CITY ATTORNEY
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456-9004
(804) 427-4531
FAX (804) 426-5687
TDD (804) 427-4305
May 10, 1994
Councilman Paul J. Lanteigne
Municipal Center
Virginia Beach, VA 23456
Re: Request for Conflict of Interests Act Opinion
Dear Councilman Lanteigne:
I am writing in response to your request for an opinion as to whether you may
participate in the City Council discussion and vote on the FY94-95 proposed operating
budget for the City.
Su.mm .ary Conclusion;
I am of the opinion that since the Conflict of Interests Act does not anticipate the
personal interests of a legislator-employee regarding the transactions before a public body,
you do not have a personal interest in the transaction as defined by the Act. Furthermore,
you do not have a personal interest by virtue of your wife's employment by the School
Board. Thus, you are permitted to participate in this matter without restriction.
Notwithstanding this conclusion, I have previously advised you by letter of July 2, 1990, to
follow the dictates of the Act in cases in which you will realize a reasonably foreseeable
direct or indirect benefit or detriment.
The facts herein indicate that it is reasonably foreseeable that you and your wife may
realize a financial benefit or detriment, depending upon the decisions made by the Council
with respect to the budget which includes, among other provisions, provisions regarding
salary increases for City and School Board employees. Therefore, it is my advice that you
follow the dictates of the Act. Based on the fact that you are a member of a group which
Councilman Paul J. Lanteigne -2-
Re: Request for Conflict of Interests Act Opinion
May 10, 1994
is affected by the transaction, i.e., all City employees, and that your wife is also a member
of a group which is affected by the transaction, i.e., all School Board employees, the Act
provides that you may participate in the discussion and vote on the budget upon disclosure
and a determination by you that you can participate fairly, objectively, and in the public
interest. For your information I have outlined the disclosure requirements of Section 2.1-
639.14(G) should you desire to disclose your relationship and vote; I have also set forth the
applicable provisions for abstention set forth in § 2.1-639.14(E), should you choose not to
vote.
I base the aforesaid conclusions on the following facts which you have presented.
Please review and verify the accuracy of the facts as set forth as you may only rely upon this
opinion if they are correct and complete.
Facts Presented;
Your request for an advisory opinion is generated by the City Council discussion and
vote on the City's proposed operating budget for FY94-95. The operating budget includes,
among other provisions, provisions regarding salary increases for City and School Board
employees. You advise that your concern with respect to the transaction is that you are
currently employed by the City of Virginia Beach as a police officer, earning a salary in
excess of $10,000.00 and you are assigned to the Sheriff's Office. You also are a Council
member of the City of Virginia Beach, eaming a salary in excess of $10,000.00.
Furthermore, your wife is employed by the Virginia Beach School Board earning a salary
of less than $10,000.00 annually.
Issue:
Are you precluded from participating in the City Council discussion and vote on the
proposed operating budget for FY94-957
Discussion;
I. Applicable Definitions of §2,1-639.2;
A. The City Council as the legislative
~governmental agency' under the Act.
branch of local govermnent is a
Councilman Paul J. Lanteigne -3- May 10, 1994
Re: Request for Conflict of Interests Act Opinion
of the Act.
As an elected governmental official, you are an "officer" within the meaning
C. As an employee of the City, you and your wife are also "employees" within the
meaning of the Act.
D. City Council's discussion and vote on the budget is a "transaction" as defined
by the Act. A "transaction" includes any matters considered by any governmental agency
on which official action is taken or contemplated.
E. "Business" is defined as a corporation, parmership, sole proprietorship, finn,
enterprise, franchise or association, trust or foundation, or any other individual or entity
carrying on a business or profession, whether or not for profit. Neither the City nor the City
Council falls within the definition of a "business" under the Act.
F. "Personal interest" is defined as a financial benefit or liability which accrues
to an officer, employee, or to an immediate family member. The interest exists by reason
of one of five categories specified therein as: 1) ownership in a business if the ownership
interest exceeds 3 % of the total equity of the business 2) annual income from ownership in
real or personal property or a I~usines~ in excess of $10,000.00 3) salary from the use of
property or paid by a business that exceeds $10,000.00 annually 4) ownership of real or
personal property when the interest exceeds $10,000.00 in value, exclusive of ownership in
a business, or salary 5) personal liability incurred or assumed on behalf of a business which
exceeds 3 % of the asset value of the business. (Emphasis added).
G. A "personal interest in the transaction" exists when an officer or employee or
a member of his immediate family has a personal interest in property or a business or
represents any individual or business and such property, business or represented individual
(i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or
indirect benefit or detriment as the result of the agency considering the transaction.
(Emphasis added).
1I. Application of Definitions;
A. Personal Interest
Based upon my review of the facts presented, you do not have a "personal interest"
as defined above, because neither you nor your wife receive a salary from a "business."
Instead, your salaries are paid by the City of Virginia Beach and the Virginia Beach School
Councilman Paul J. Lanteigne -4- May 10, 1994
Re: Request for Conflict of Interests Act Opinion
Board, respectively, which are classified under the Act as a governmental agencies.
Furthermore, your wife's salary is less than $10,000.00 annually.
B. P¢r$0nal Interest ~ thc T.r~sacfi0n
You do not have a "personal interest", as defined above, therefore you cannot have
a "personal interest in the transaction" under the definition of the Conflict of Interests Act.
m. Prohibitions ~tnd Disclosure Requirements
Based on the conclusion that you have no personal interest in the Council's discussion
and vote on the budget, it is my opinion that you are permitted to participate in discussions
of the City Council and vote on this item. As indicated in my letter to you dated July 2,
1990, the Conflict of Interests Act does not anticipate the personal interests of a legislator-
employee regarding transactions before the public body. However, while you do not have
a personal interest as defined by the Act, I advised that you follow the dictates of the Act in
cases where you personally will realize a financial benefit or detriment as an employee of
the City.
Council's discussion and vote on the proposed FY94-95 operating budget could
foreseeably result in a financial benefit or detriment to you and your wife since you are a
City employee, and she is a School Board employee. Thus, it is my advice that you follow
the dictates of the Act. Based on the fact that you are a member of a group which is affected
by the transaction, i.e., all City employees, and that your wife is also a member of a group
which is affected by the transaction, i.e., all School Board employees, the Act provides that
you may participate in the discussion and vote on the budget upon disclosure and a
determination by you that you can participate fairly, objectively, and in the public interest.
(See § 2.1-639.11(A)(2)). In the alternative, you may choose to abstain from voting and
disclose any interest. Either of these may diffuse any perception problems that may arise.
(See § 2.1-639.14(E)).
Enclosed please fred a written declaration form, should you decide to declare your
interest. This disclosure form is based on § 2.1-639.14(G). This section provides that you
may either make this declaration orally, which is to be recorded in the written minutes of the
City Council, or you may fde a signed written declaration with the Clerk of City Council,
who shall retain and make this document available for public inspection for a period of five
years from the date of recording or receipt.
Councilman Paul J. Lanteigne -5-
Re: Request for Conflict of Interests Act Opinion
May 10, .1994
If you should desire to abstain from voting, § 2.1-639.14(E) provides that in such
instances, the officer shall forthwith make disclosure of the existence of his interest and his
disclosure shall be reflected in the public records for five years.
The Conflict of Interests Act deals with the types of influences upon a public officer's
or employee's judgment which are clearly improper. The law cannot, however, protect
against all appearances of improper influence. In that respect the Act places the burden on
the individual officer to evaluate whether the facts presented would present an appearance
of impropriety which is unacceptable or which would affect the confidence of the public in
the officer's ability to be impartial.
Please contact me should you desire any additional information.
Very truly yours,
City Attorney
LLL/RMB/clb
Enclosure
-7-
Item H-H.I.a.
ORDINANCES/RESOLUTIONS
ITEM # 37968
The following registered to speak on various issues:
Gregg Benshoff, 1156 Indian River Road, Phone: 425-7557
Lisa Guthrie, 1405 Petrell Court, Phone: 486-0202, represented the Virginia Beach Education
Association. Statement is hereby made a part of the record.
Harriet Drum, 2505 Peritan Road, Phone: 431-8544
Jennifer Arsenault, 2196 Middleberg Road, Phone: 481-2280
Hazel Whitney, 1708 River Court, Phone: 481-4702
Norman Fuller, 5408 Peggy Circle, Phone: 479-4642
Maxine C. Graham, 3057 South Sandpiper, Phone: 721-3000
Upon motion by Councilman Moss, seconded by Councilman Baum, City Council ADOPTED, AS
AMENDED*:
Ordinance to make APPROPRIATIONS for the Fiscal Year beginning
July 1, 1994 and ending June 30, 1995 in the sum of Seven Hundred
Fifty-Four Million. Eight Thousand. Two Hundred Twen~.-Five and
No~lO0 Dollars ($754.008.225) for Operations: Two Hundred Fifty-
Three Million. Four Hundred Forty-Two Thousand. Seven Hundred
Forty-four and No~lO0 Dollars ($253.542. 744) in Inte_rfund Transfers:
and, regulating the payment of money out of the City Treasury, as
amended.
*Amendments are hereby made a part of the proceedings.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
May 10, 1994
City of Virginia Beach, Virginia
Fy 1994-95 Operating Budget
Summary of City Council Amendments
Estimated Revenue
Proposed Fy 1994-95 Operating Budget
DUI Response Reimbursements
Real Estate Land Use Basis Change
Adopted Fy 1994-95 Operating Budget
Appropriations
Proposed Fy 1994-95 Operating Budget
Police Chaplain Association allocation
Additional Overtime Resources for Oceanfront Patrols
Funding for the seven positions and support costs needed to
implement the DUI Response Reimbursement program.
Personal Intercom for Fire Fighters
Opticom Controllers
Kempsville LibraP/Extended Hours(2.1 FTE)
Car allowance for Constitutional Officers(S300 per month)
Funding needed in the Public Works Department to support Special Events
Contractual funding for the City Clerk Office to support
imaging of documents.
Arts and Humanities Commission supplemental funding
COIG Funding Policy. Regional agencies funded at Fy 1993-94 levels
outside of COIG program. COIG allocation will remain at $215,728.
Endependence Center $31,825
STOP $16,000
SEVAMP $24,500
Tidewater Legal Aid $8,550
Vo Tech Center Development Study Contingency Account
General Fund Reserve for Contingencies adjustment to fund the
above items
Adopted Fy 1994-95 Operating Budget
Amount
$ 753,724,159
309,066
(25,000)
$ 754 0O8 225
$ 753,724,159
25,000
107,716
192,498
38,400
75,000
38,498
10,800
64,586
10,000
10,000
80,875
100,000
~469,307)
$ 754 008,225
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
AN ORDINANCE MAKING APPROPRIATIONS FOR THE
FISCAL YEAR BEGINNING JULY 1, 1994 AND ENDING
JUNE 30, 1995, IN THE SUM OF SEVEN HUNDRED FIF'i Y
FOUR MILLION, EIGHT THOUSAND, TWO HUNDRED
TWENTY-FIVE AND NO/100 DOLLARS ($754,008,225)
FOR OPERATIONS AND TWO HUNDRED FIFTY THREE
MILLION, FIVE HUNDRED FORTY-TWO THOUSAND,
SEVEN HUNDRED FORTY-FOUR AND 00/100 DOLLARS
($253,542,744) IN INTERFUND TRANSFERS AND REG-
ULATING THE PAYMENT OF MONEY OUT OF THE CITY
TREASURY, AS AMENDED.
WHEREAS, the City Manager has heretofore submitted an Annual Budget for the city for the fiscal
year beginning July 1, 1994, and ending June 30, 1995, and it is necessary to appropriate sufficient funds to
cover said budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Section 1. That the amounts named aggregating ONE BILLION, SEVEN MILLION, ONE HUNDRED FIVE
HUNDRED FIFTY THOUSAND, NINE HUNDRED SIXTY-NINE AND NO/100 DOLLARS ($1,007,550,969)
consisting of TWO HUNDRED FIFTY-THREE MILLION, FIVE HUNDRED FORTY-TWO THOUSAND, SEVEN
HUNDRED FORTY-FOUR AND NO/lO0 DOLLARS ($2§3,542,744) in interfund transfers and SEVEN HUNDRED
FIFTY-FOUR MILLION, EIGHT THOUSAND, TWO HUNDRED TWENTY-FIVE AND NO/lO0 DOLLARS
($754,008,225) for operating or so much thereof as may be necessary as set forth in the Annual Budget for
the fiscal year 1994-1995, are hereby appropriated subject to the conditions hereafter set forth, for the year
1994-1995, for the use of the several departments and specially designated funds of the city governments,
and for the purpose hereafter mentioned, as set forth in said Annual Budget, which is hereby incorporated by
reference, for the fiscal year beginning July 1, 1994, and ending June 30, 1995, as follows:
GENERAL FUND
LEGISLATIVE DEPARTMENT:
Municipal Council $ 311,926
City Clerk 342,769
Total $ 654,695
EXECUTIVE DEPARTMENT:
City Manager
Public Information Office
Total
LAW DEPARTMENT:
City Attorney
FINANCE DEPARTMENT:
Commissioner of the Revenue
Board of Equalization
City Real Estate Assessor
Treasurer
Director of Finance
Total
DEPARTMENT OF HUMAN RESOURCES:
Human Resources
JUDICIAL DEPARTMENT:
Circuit Court
General District Court
Juvenile and Domestic Relations District Court
Public Defender
Medical Examiner
Clerk of the Circuit Court
Magistrates
Commonwealth's Attorney
Juvenile Probation
Total
HEALTH DEPARTMENT:
Preventive Medicine
Contractual Health Services
Personal Care Services
Total
SOCIAL SERVICES DEPARTMENT:
Social Services
POLICE DEPARTMENT:
Police
PUBLIC WORKS DEPARTMENT:
Public Works
LIBRARY DEPARTMENT:
Library
PLANNING DEPARTMENT:
Planning
AGRICULTURE DEPARTMENT:
Agriculture
DEPARTMENT OF ECONOMIC DEVELOPMENT:
Director of Economic Development
DEPARTMENT OF GENERAL SERVICES:
General Services
BOARDS AND COMMISSIONS:
General Registrar
Zoning Board of Appeals
Arts and Humanities Commission
Mass Transit Operations
$ 627,754
547,006
$ 1,174,760
$ 1,687,379
$ 3,282,942
18,781
1,546,827
3,493,543
3,157,745
$ 11,499,838
$ 2,238,466
$ 464,091
53,473
57,945
136,000
9,075
420,669
15,287
2,427,985
1,t93,314
$ 4,777,839
$ 1,818,450
92,477
46,941
$ 1,957,868
$ 15,836,712
$ 40,534,954
$ 43,652,293
$ 7,678p572
$ 2,622p431
$ 661,068
$ 1,218,598
$ 19,140,907
$ 520,080
17,823
206,116
820,950
GENERAL FUND
BOARDS AND COMMISSIONS: (concluded)
Wetlands Board of Virginia Beach
Department Volunteer Council
Video Services Department
Total
NON-DEPARTMENTAL:
Community Organization Incentive Grants
Employee Special Benefits
Benefits Administration
Revenue Reimbursements
Regional Participation
Arts Center Grant for Utilities
Total
FIRE DEPARTMENT:
Fire
EMERGENCY MEDICAL SERVICES:
Emergency MedicalServices
DEPARTMENT OF MUSEUMS:
Museums
DEPARTMENT OF MANAGEMENT AND BUDGET:
Managementand Budget
DEPARTMENT OF CONVENTION AND VISITOR DEVELOPMENT:
Conventionand VisitorDevelopment
HOUSING AND NEIGHBORHOOD PRESERVATION:
Housing and Neighborhood Preservation
TRANSFERS:
Transfer to Other Funds
RESERVES:
Reserve for Contingencies
TOTAL GENERAL FUND
SCHOOL OPERATING FUND
DEPARTMENT OF EDUCATION:
Education
GRANTS CONSOLIDATED FUND
JUDICIAL DEPARTMENT:
CDI93 Pre-Trial Program
MENTAL HEALTH/MENTAL RETARDATION/SUBSTANCE ABUSE:
Mental Health/Mental Retardation/Substance Abuse
HOUSING AND NEIGHBORHOOD PRESERVATION:
Section 8 Housing
RESERVES:
Reserve for Contingencies
TRANSFERS:
Transfer to Other Funds
TOTAL GRANTS CONSOLIDATED FUND
FEDERAL POLICE DEPARTMENT GRANT FUND
POLICE DEPARTMENT:
Police
$ 12,982
27,979
639,378
$ 2,245,308
$ 215,728
459,647
93,497
1,296,484
717,260
78,354
$ 2,860,970
$ 19,522,744
$ 1,790,393
$ 300,992
$ 1,399p037
$ 6,899,565
$ 1,391,331
$ 233,329,351
$ 4,430,693
$ 429,506,764
$ 340,790,112
$ 132,919
$ 1,647,052
$ 257,179
$ 4,000
$ 10,008
$ 2,051,158
$ 1,157,183
LAW LIBRARY FUND
LIBRARY DEPARTMENT:
Law Library
$ 236,936
RESERVES:
Reserve ~rContingencies
$ 16,424
TRANSFERS:
Transfer to Other Funds
TOTALLAW LIBRARY FUND
$ 66~977
$ 320,337
PENDLETON CHILD SERVICE CENTER FUND
JUDICIAL DEPARTMENT:
PendletonChildServiceCenter
RESERVES:
Reserve ~rContingencies
TOTAL PENDLETON CHILD SERVICE CENTER FUND
$ 977,886
$ 16,751
$ 994,637
EMERGENCY E-91t COMMUNICATION
SPECIAL REVENUE FUND
POLICE DEPARTMENT:
Communications
RESERVES:
Reserve for Contingencies
$ 4,433,294
$ 50,000
$ 631,484
$ 5,114,778
TRANSFER TO OTHER FUNDS:
TOTAL EMERGENCY E-911 COMMUNICATIONS SPECIAL REVENUE FUND
COMMUNITY DEVELOPMENT SPECIAL REVENUE FUND
HOUSING AND NEIGHBORHOOD PRESERVATION:
Administration and Housing
$ 1,753,100
TRANSFERS:
Transfers to Other Funds
TOTAL COMMUNITY DEVELOPMENT SPECIAL REVENUE FUND
$ 694,149
$ 2,447,249
COMMUNITY CORRECTIONS SPECIAL REVENUE FUND
JUDICIAL DEPARTMENT:
CDI95 Core Service/Case Management
RESERVES:
Reserve for Contingencies
$ 314,737
$ 10,000
$ 324,737
TOTAL COMMUNITY CORRECTIONS SPECIAL REVENUE FUND
MH/M~SA SPECIAL REVENUE FUND
DEPARTMENT OF MENTAL HEALTH:
MentalHealth
$ 11,480,051
CD LOAN AND GRANTFUND
HOUSING AND NEIGHBORHOOD PRESERVATION:
Loansand Grents
$ 190,000
HOMELESS INTERVENTION FUND
SOCIAL SERVICES DEPARTMENT:
Homeless Intervention
$ 166,000
DEA SEIZED PROPERTY SPECIAL REVENUE FUND
POLICE DEPARTMENT:
Police
RESERVES:
Reserve for Contingencies
TRANSFERS:
Transfers to Other Funds
TOTAL DEA SEIZED PROPERTY SPECIAL REVENUE FUND
ACCESS CHANNEL SUPPORT SPECIAL REVENUE FUND
BOARDS AND COMMISSION:
Cable Access Fund
FEDERAL HOUSING ASSISTANCE GRANT FUND
HOUSING AND NEIGHBORHOOD PRESERVATION:
Home Program
POLICE AIRPLANE SPECIAL REVENUE FUND
POLICE DEPARTMENT:
Airplane Enterprise
FEDERAL SECTION 8 PROGRAM SPECIAL REVENUE FUND
HOUSING AND NEIGHBORHOOD PRESERVATION:
Section 8 Rental Payments
COMPREHENSIVE SERVICES ACT SPECIAL REVENUE FUND
Comprehensive Services Act
SHERIFF'S DEPARTMENT SPECIAL REVENUE FUND
JUDICIAL DEPARTMENT:
Sheriff's Department
RESERVES:
Reserve for Contingencies
TOTAL SHERIFF°S DEPARTMENT SPECIAL REVENUE FUND
INMATE TELEPHONE SPECIAL REVENUE FUND
JUDICIAL DEPARMENT:
Inmate Telephone
TRANSFERS:
Transfers to Other Funds
TOTAL INMATE TELEPHONE SPECIAL REVENUE FUND
PARKS AND RECREATION SPECIAL REVENUE FUND
PARKS AND RECREATION DEPARTMENT
$ t 85,000
$ t04,105
$ 45,895
$ 335,000
$ 45,484
$ 1,007,000
$ 93,450
$ 264,636
$ 5,372,645
$ 11,369~417
$ 40,243
$ 11,409,660
$ 87,750
$ 12,250
$ 100~000
$ 12,253,905
TOURISM GROWTH INVESTMENT FUND
RESERVES:
Reserve for Contingencies
TRANSFERS:
Transfers to Other Funds
TOTAL TOURISM GROWTH INVESTMENT FUND
$ 378,904
$ 7,362,627
$ 7,741,531
WATER AND SEWER FUND
DEPARTMENT OF PUBLIC UTILITIES:
Public Utilities
REVENUE BOND DEBT SERVICE:
Revenue Bonds
RESERVES:
Reserve for Contingencies
TRANSFERS:
Transfers to Other Funds
TOTAL WATER AND SEWER FUND
GOLF COURSE ENTERPRISE FUND
PARKS AND RECREATION DEPARTMENT:
Golf Courses
DEBT SERVICE:
Lease-Purchase
RESERVES:
Reserve for Contingencies
TRANSFERS:
Transfers to Other Funds
TOTAL GOLF COURSE ENTERPRISE FUND
MARINE SCIENCE MUSEUM ENTERPRISE FUND
OFFICES:
Museums
RESERVES:
Reserve for Contingencies
TRANSFERS:
Transfers to Other Funds
TOTAL MARINE SCIENCE MUSEUM ENTERPRISE FUND
PARKING ENTERPRISE FUND
PUBLIC WORKS DEPARTMENT:
Parking Systems Management
RESERVES:
Reserve for Contingencies
TRANSFERS:
Transfers to Other Funds
TOTAL RESORT PARKING ENTERPRISE FUND
STORM WATER UTILITY ENTERPRISE FUND
FINANCE DEPARTMENT:
City Treasurer
PUBLIC WORKS DEPARTMENT:
Storm Water Operations
RESERVES:
Reserves for Contingencies
TRANSFERS:
Transfers to Other Funds
TOTAL STORM WATER UTILITY ENTERPRISE FUND
$ 48,626,614
$ 10,129,549
$ 1,955,643
$ 6,790,326
$ 67,502,132
$ 1,695,356
$ 217,132
$ 60,910
$ 609~563
$ 2,582,961
$ 1,669,081
$ 35,274
$ 942,807
$ 2,647,162
$ 468,022
$ 90,681
$ 303,084
$ 861,787
$ 557166
$ 4~612~865
$ 242,757
$ 2,744,223
$ 7,655,011
GENERAL DEBT FUND
DEBT SERVICE:
Debt Service
RESERVES:
Reserves for Contingencies
TOTAL GENERAL DEBT FUND
FIRE PROGRAMS CAPITAL PROJECTS FUND
FIRE DEPARTMENT:
Fire Programs
RESERVES:
Reserve for Contingencies
TOTAL FIRE PROGRAMS CAPITAL PROJECTS FUND
WATER AND SEWER OPERATING REVENUE CAPITAL PROJECTS FUND
DEPARTMENT OF PUBLIC UTILITIES:
Water and Sewer Capital Projects
ENGINEERING AND HIGHWAYS GENERAL REVENUE CAPITAL PROJECTS FUND
PUBLIC WORKS DEPARTMENT:
Engineering and Highways Capital Projects
RESORT PROGRAM CAPITAL PROJECTS FUND
PUBLIC WORKS DEPARTMENT:
Resort Area Capital Projects
SCHOOL GENERAL REVENUE CAPITAL PROJECTS FUND
DEPARTMENT OF EDUCATION:
School Construction
PARKS AND RECREATION GENERAL REVENUE CAPTIAL PROJECTS FUND
PARKS AND RECREATION DEPARTMENT:
Parks and Recreation Capital Projects
BUILDINGS GENERAL REVENUE CAPITAL PROJECTS FUND
DEPARTMENT OF GENERAL SERVICES:
Building Capital Projects
STORM WATER CAPITAL PROJECTS FUND
PUBLIC WORKS DEPARTMENT:
Storm Water Construction
TOTAL BUDGET
Less: Interfund Transfers
NET BUDGET
$ 70,967~573
$ 658,243
$ 71,625~816
$ 326~500
$ 58,500
$ 385,000
$ 2,000,000
$ 4,686,614
$ 4,485,095
$ 4~900~000
$ 1,526,074
$ 2,052,000
$ 1,475~000
$ 1,007,550,969
253,542,744
$ 754~008,225
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30
31
32
33
34
35
36
37
38
39
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41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
Section 2. Subject to the provisions of Chapter 2, Article III, of the Virginia Beach City Code, the
salaries and wages set forth in detail in said Annual Budget, are hereby authorized and fixed as the maximum
compensation to be paid for services rendered.
The total of permanent positions, shall be the maximum of positions authorized for the various
departments of the city during said fiscal year except changes or additions authorized by the Council and as
hereinafter provided. The City Manager may from time to time increase or decrease the number of temporary
positions provided the aggregate amount expended for such services shall not exceed the respective
appropriations made therefor. With the exception of the education department, the City Manager is authorized
to make such rearrangements of positions within and between bureaus, divisions, and departments named
herein, as may best meet the uses and interests of the city.
Section 3. All collection of delinquent city taxes shall be credited to the General Fund of the city by
the Treasurer.
Section 4. All collections of local taxes levied shall be credited to the General Fund of the city.
Transfers shall be made from the General Fund to the respective specially designated funds for which a levy is
made in the respective amounts levied for each such specially designated funds.
Section 5. All balances of the appropriations payable out of each fund of the City Treasury
unencumbered at the close of business for the fiscal year ending on the thirtieth day of June, 1995, except, as
otherwise provided for, are hereby declared to be lapsed into the surplus of the respective funds, except
School Operating Fund which shall lapse into the General Fund Surplus, and may be used for the payment of
the appropriations which may be made in the appropriation ordinance for the fiscal year beginning July 1,
1995. However, there shall be retained in the General Fund Balance, an undesignated amount not less than
the range of seventy-five (75) to one hundred (100) percent of the budget for city and school debt service
payments for that fiscal year for contingencies and emergency situations and not to be used to support
appropriations approved in the ordinance for the fiscal year beginning July 1, 1994, except upon subsequent
authorization by City Council.
Section 6. No department or agency for which appropriations are made under the provisions of this
Ordinance shall exceed the amount of the appropriations except with the consent and approval of the City
Council first being obtained, but it is expressly provided that the restrictions with respect to the expenditure of
the funds appropriated shall apply only to the totals for each operating appropriation unit included in this
Ordinance and does not apply to Interfund Transfers.
The City Manager or those persons designated in writing by him, where a copy of such designation is
on file with the Director of Finance, is hereby authorized to approve transfers for appropriations within any
department or between departments in an amount not to exceed $10,000 in any single transaction, and is
further authorized to approve transfers and expenditures from the Reserve for Contingencies in an amount not
to exceed $10,000 in any single transaction except as herein provided. The City Manager may limit
expenditures to the classes of appropriations as set forth in the budget document or as required by the State
Auditor of Public Accounts if such requirements are different from the classes shown in the budget document.
In addition, the City Manager may transfer appropriations from Reserve for Contingencies, in amounts
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necessary, for salary or fringe benefit adjustments approved by City Council, and may transfer appropriations
from Reserve for CARE for the purposes intended.
Section 7." Nothing in this section shall be construed as authorizing any reduction to be made in the
amount appropriated in this Ordinance for the payment of interest or bonds on the bonded debt of the City
Government.
Section 8. Allowances out of any of the appropriations made in this Ordinance by any or all of the
city departments, bureaus, or agencies, to any of their officers and employees for expenses on account of the
use by such officers and employees of their personal automobiles in the discharge of their official duties shall
not exceed twenty-four cents ($.24) per mile of actual travel for the first 15,000 miles and eleven ($.11) per
mile for additional miles of such use within the fiscal year.
Section 9. All traveling expense accounts shall be submitted on forms approved by the Director of
Finance and according to regulations approved by the City Council. Each account shall show the dates
expenses were incurred or paid; number of miles traveled; method of travel; hotel expenses, meals, and
incidental expenses. The Director of Finance is specifically directed to withhold the issuance of checks in
payment of expense accounts submitted for "lump-sum" amounts, including payments to employees of the
School Board.
Section 10. That this Ordinance shall be in effect from and after the date of its adoption.
Section 11. That if any part or parts, section or sections, sentences, clause, or phrase of this
Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity
of the remaining portions of this Ordinance.
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h
Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of __, lY994.
-9-
Item II-H.l.b.
ORDINANCES/RESOLUTIONS
ITEM # 37969
Upon motion by Councilman Moss, seconded by Councilman Baum, City Council ADOPTED:
Ordinance to establish the tax levy on real estate for Tax Fiscal Year
1995.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis P~ Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor
W~lliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
May 10, 1994
1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL
2 ESTATE FOR TAX FISCAL YEAR 1995
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BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. AMOUNT OF LEVY ON REAL ESTATE.
There shall be levied and collected for fiscal year 1995 taxes for general purposes on all real estate,
not exempt from taxation and not otherwise provided for in this Ordinance, at the rate of one dollar and
fourteen cents (91.14) on each one hundred dollars (9100) of assessed valuation thereof. The real property
tax rates which have been prescribed in this section shall be applied on the basis of one hundred percentum of
the fair market value of such real property except for public service real property which shall be on the basis
as provided in Section 58.1-2604 of the Code of Virginia, as amended.
Section 2. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND FACILITIES"
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CLASSIFIED AS REAL ESTATE·
In accordance with Section 58.1-3660 (A) of the Code of Virginia (1950), as amended, there shall be
levied and collected for general purposes for fiscal year 1995, taxes on all real estate certified by the
Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities" not exempt from taxation,
at the rate of one dollar and fourteen cents (91.14) on each one hundred dollars (9100) of assessed valuation
thereof. The real property tax rates imposed in this section shall be applied on the basis of one hundred
percentum of fair market value of such real property.
Section 3. CONSTITUTIONALITY.
That if any part or parts, section or sections, sentences, clause, or phrase of this Ordinance is for any
reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining
portion of this Ordinance.
Section 4. EFFECTIVE DATE.
This Ordinance shall be in effect from and after the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the",th day of M__e,y 1994.
' PaOVED 000N 'EN ,
- 10 -
Item lI-H.l.c.
ORDINANCES/RESOL UTIONS
ITEM # 37970
Upon motion by Councilman Moss, seconded by Councilman Baum, City Council ADOPTED:
Ordinance to establish the tax levy on personal property and machinery
and tools for Calendar Year 1995.
Voting: 11-0
Council Members l/'oting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis t~ Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
May 10, 1994
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AN ORDINANCE ESTABLISHING THE TAX LEVY ON
PERSONAL PROPERTY AND MACHINERY AND TOOLS FOR
THE CALENDAR YEAR 1995.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. AMOUNT OF LEVY ON TANGIBLE PERSONAL PROPERTY.
In accordance with Chapter 35 of Title 58.1 of the Code of Virginia (1950), as amended, there shall
be levied and collected for general purposes for the calendar year 1995, taxes on all tangible personal
property, not exempt from taxation and not otherwise provided for in this Ordinance, at the rate of three
dollars and seventy cents ($3.70) on each one hundred dollars ($100) assessed valuation thereof.
In accordance with Section 58,1-3504 for the Code of Virginia (1950), as amended, certain
household goods and personal effects as defined therein shall be exempt from taxation.
Section 2. AMOUNT OF LEVY ON CERTAIN VEHICLES CLASSIFIED AS PERSONAL PROPERTY USED
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AS MOBILE HOMES.
In accordance with Section 58.1-3506 (A)(8) of the Code of Virginia (1950), as amended, there shall
be levied and collected for general purposes for the calendar year 1995 taxes on all vehicles without motor
power used or designated to be used as mobile homes, at the rate of one dollar and fourteen cents ($1.14) on
each one hundred dollars ($100) of assessed valuation thereof.
Section 3. AMOUNT OF LEVY ON ALL BOATS OR WATERCRAFT WEIGHING FIVE TONS OR MORF.
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In accordance with section 58.1-3506 (A)(1) of the Code of Virginia (1950), as amended, there shall
be levied and collected for general purposes for the calendar year 1995 taxes on all boats or watercraft
weighing five tons or more at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars ($100)
of assessed valuation thereof.
Section 4. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND FACILITIES"
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CLASSIFIED AS TANGIBLE PERSONAL PROPERTY.
In accordance with Section 58.1-3660 (A) of the Code of Virginia (1950), as amended, there shall be
levied and collected for general purposes for the calendar year 1995 taxes on all tangible personal property
certified by the Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities" not exempt
from taxation, at the rate of three dollars and seventy cents ($3.70) on each one hundred dollars ($100) of
assessed valuation thereof.
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Section 5. AMOUNT OF LEVY ON MACHINERY AND TOOLS.
In accordance with Section 58.1-3507 of the Code of Virginia (1950), as ~,.~ended, there shall be
levied and collected for general purposes for the calendar year 1995 taxes on machinery and tools, not exempt
from taxation, at the rate of one dollar ($1) on each one hundred dollars ($100) of assessed valuation thereof.
Section 6. AMOUNT OF LEVY ON AIRCRAFT.
In accordance with Section 58.1-3506 (A)(2,3) of the Code of Virginia (1950), as amended, there
shall be levied and collected for general purposes for the calendar year 1995 taxes on all aircraft at the rate of
three dollars and seventy cents ($3.70) on each one hundred dollars ($100) of assessed valuation thereof.
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Section 7. AMOUNT OF LEVY ON ANTIQUE AUTOMOBILES.
In accordance with Section 58.1-3506 (A)(4) of the Code of Virginia (1950), as amended, there shall
be levied and collected for general purposes for the calendar year 1995 taxes on all antique automobiles at the
rate of three dollars and seventy cents ($3.70) on each one hundred dollars ($10C) of assessed valuation
thereof.
Section 8. AMOUNT OF LEVY ON HEAVY CONSTRUCTION EQUIPMENT.
In accordance with Section 58.1-3506 (A)(6) of the Code of Virginia (1950), as amended, there shall
be levied and collected for general purposes for the calendar year 1995 taxes on all heavy construction
equipment at the rate of three dollars and seventy cents ($3.70) on each one hundred dollars ($100) of
assessed valuation thereof.
Section 9. AMOUNT OF LEVY ON RESEARCH AND DEVELOPMENT BUSINESS TANGIBLE PERSONAl
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PROPERTY
In accordance with Section 58.1-3506 (A)(5) of the Code of Virginia (1950), as amended, there shall
be levied and collected for general purposes for the calendar year 1995 taxes on all research and development
tangible personal property, not exempt from taxation, at the rate of one dollar ($1) on each one hundred
dollars ($100) of assessed valuation thereof.
Section 10. AMOUNT OF LEVY ON ENERGY CONVERSION EQUIPMENT.
In accordance with Section 58.1-3506 (A)(7) of the Code of Virginia (1950), as amended, there shall
be levied and collected for general purposes for the calendar year 1995 taxes on all energy conversion
equipment at the rate of one dollar ($1) on each one hundred dollars ($100) of assessed valuation thereof.
Section 11. AMOUNT OF LEVY ON CERTAIN COMPUTER HARDWARE.
In accordance with Section 58.1-3506 (A)(9) of the Code of Virginia (1950), as amended, there shall
be levied and collected for general purposes for the calendar year 1995 taxes on all computer hardware used
by businesses primarily engaged in providing data processing services to other nonrelated or nonaffiliated
businesses, not exempt from taxation, at the rate of three dollars and seventy cents ($3.70) on each one
hundred dollars ($100) of assessed valuation thereof.
Section 12. AMOUNT OF LEVY ON PRIVATELY OWNED PLEASURE BOATS AND WATERCRAFT
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USED FOR RECREATIONAL PURPOSES ONLY.
In accordance with Section 58.1-3506 (A)(10) of the Code of Virginia (1950), as amended, there shall
be levied and collected for general purposes for the calendar year 1995 taxes on all privately owned pleasure
boats and watercraft use for recreational purposes only, at the rate of one dollar and fifty cents ($1.50) on
each one hundred dollars ($100) of assessed valuation thereof.
Section 13. AMOUNT OF LEVY ON PRIVATELY OWNED CAMPING TRAILERS AND MOTOR HOMES
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USED FOR RECREATIONAL PURPOSES ONLY.
In accordance with Section 58.1-3506 (A)(16) of the Code of Virginia (1950), as amended, there shall
be levied and collected for general purposes for the calendar year 1995 taxes on all privately owned camping
trailers and motor homes as defined in Section 46.2-100 of the Code of Virginia (1950), which are used for
recreational purposes only, at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars ($100)
of assessed valuation thereof.
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Section 14. AMOUNT OF LEVY ON ONE MOTOR VEHICLE OWNED AND PEGULARLY USED BY A
DISABLED VETERAN.
In accordance with Section 58.1-3506(A) (17) of the Code of Virginia (1950), as amended, there shall
be a reduced tax levy rate of one dollar and fifty cents (91.50) on each one hundred dollars (91 00) of
assessed valuation on one (1) motor vehicle owned and regularly used by a veteran who has either lost, or lost
the use of, one or both legs, or an arm or a hand, or who is blind, or who is permanently and totally disabled
as certified by the Department of Veterans' Affairs. Any motor vehicles in addition to the one (1) so taxed
shall not qualify for the taxation at the rate established herein, and shall be taxed at the rate or rates applicable
to that class of property. In order to qualify, the veteran shall provide a written statement to the
Commissioner of Revenue from the Department of Veterans' Affairs that the veteran has been so designated
or classified by the Department of Veterans' Affairs as to meet the requirements of Section 58.1-3506(A)
(17), and that his disability is service connected. For purposes of this ordinance, a person is blind if he meets
the provisions of Section 46.2-739 of the Code of Virginia (1950), as amended.
Section 1 5. AMOUNT OF LEVY ON A MOTOR VEHICLE OWNED AND USED PRIMARILY BY OR FOR
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SOMEONE AT LEAST SIXTY-FIVE YEARS OF AGE OR ANYONE FOUND TO BE PERMANENTLY AND TOTALLY
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DISABLED.
(a) In accordance with Sections 58.1-3506.1 et seq. of the Code of Virginia (1950), as amended,
there shall be a reduced tax levy rate of three dollars (93.00) on each one hundred dollars (9100.00) of
assessed valuation on one (1) motor vehicle owned and used primarily by or for anyone at least sixty-five
years of age or anyone found to be permanently and totally disabled, as defined in Section 58.1-3506.3 of the
Code of Virginia (1 950), as amended, subject to the following conditions:
1. The total combined income received, excluding the first 97,500 of income, from all sources during
calendar year 1994 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars
(922,000).
2. The owners net financial worth, including the present value of all equitable interests, as of
December 31, of calendar year 1994, excluding the value of the principal residence ~nd the land, not
exceeding one acre, upon which it is situated, shall not exceed seventy thousand dollars (970,000).
3. All income and net worth limitations shall be computed by aggregating the income and assets, as
the case may be, of a husband and wife who reside in the same dwelling and shall be applied to any owner of
the motor vehicle who seeks the benefit of the preferential tax rate permitted under this ordinance,
irrespective of how such motor vehicle may be titled.
(b) Any such motor vehicle owned by a husband and wife may qualify if either spouse is sixty-five or
over or if either spouse is permanently and totally disabled, and the conditions set forth in subsection (a) have
been satisfied.
Section 16. ASSESSED VALUE DETERMINATION.
In accordance with Section 58.1-3103 of the Code of Virginia (1 950), as amended, personal property
mentioned in the above sections shall be assessed at actual fair market value, to be determined by the
Commissioner of Revenue for the City of Virginia Beach.
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Section 17. CONSTITUTIONALITY.
That if any part of parts, section or sections, sentences, clause, or phrase of this ordinance is for any
reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining
portions of this ordinance.
Section 18. EFFECTIVE DATE.
This ordinance shall be in effect January 1, 1995.
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Adopted by the Council of the City of Virginia Beach, Virginia, on the _th day of __, 1994.
- 11 -
Item H-H.I.d.
ORDINANCES/RESOLUTIONS
ITEM # 37971
Upon motion by Councilman Moss, seconded by Councilman Baum, City Council ADOPTED:
Ordinance to allow the City Manager, or the Director of Management
and Budget, to TRANSFER excess appropriations during the fiscal year
to the Reserve for Contingencies for use in funding unanticipated
expenditures.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
May 10, 1994
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AN ORDINANCE TO ALLOW THE CITY MANAGER
OR THE DIRECTOR OF MANAGEMENT AND BUDGET
TO TRANSFER EXCESS APPROPRIATIONS
DURING THE FISCAL YEAR TO THE RESERVE FOR
CONTINGENCIES FOR USE IN FUNDING
UNANTICIPATED EXPENDITURES
WHEREAS, the City Manager or the Director of Management and Budget is authorized to approve
transfers for appropriations within any department or between departments in an amount not to exceed
$10,000 in any single transaction, and is further authorized to approve transfers and expenditures from the
Reserve for Contingencies in an amount not to exceed $10,000 in any single transaction except as provided
within the budget ordinance;
WHEREAS, the Reserve for Contingencies may require supplemental funding during the fiscal year in
order to cover additional unanticipated expenditures during the fiscal year;
WHEREAS, such supplemental funding may be available within existing appropriations in other
sections of the Operating Budget due to cost savings realized after incurring expenditures;
WHEREAS, transfer of such excess appropriations to the Reserve for Contingencies would not
increase the total Operating Budget for a fiscal year;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That the City Manager is hereby authorized to transfer any excess appropriations to the Reserve for
Contingencies after all anticipated expenditures for which those funds were appropriated have been incurred.
10th
Adopted by the Council of the City of Virginia Beach, Virginia, on the __ day of__M~'lay 994.
APPROVED AS TO O0~l~
Dept., of Management
- 12 -
Item II-H.l,e.
ORDINANCESIRESOL UTIONS
ITEM # 37972
Upon motion by Councilman Moss, seconded by Councilman Baum, City Council ADOPTED, AS
AMENDED:
Ordinance to authorize the City Manager to eliminate, suspend, and/or
reduce salary increases for employees eligible to receive merits and
promotions as per Sections 2-109 and 2-110 of the Code of the City of
I~trginia Beach.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor
William D. Sessotns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
May 10, 1994
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AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
ELIMINATE, SUSPEND, OR REDUCE SALARY INCREASES
FOR EMPLOYEES ELIGIBLE TO RECEIVE MERITS AND
PROMOTIONS AS PER SECTIONS 2-109 AND 2-110 OF
THE CODE OF THE CITY OF VIRGINIA BEACH
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WHEREAS, Section 2-109(b) of the Virginia Beach City Code
refers to variable merit increases, whereby such increase may range
from a one (1) to three (3) step increment within the pay range of
the class to which the employee is assigned;
WHEREAS, Section 2-110 of the Virginia Beach City Code
refers to employee promotions, which require an increase in salary
to a minimum step for that new class (A step) or four (4) pay
increments above the present range and step, whichever is greater,
as long as that increase shall not place the employee at a pay step
in the range of the new position higher than the pay step held in
the range of the former position;
WHEREAS, the City Manager believes that, due to limited
resources, such salary increases should be suspended or reduced for
FY 1994-1995; and
WHEREAS, Section 2-87.1 of the Virginia Beach City Code
authorizes the City Council, by ordinance, to eliminate, suspend,
or reduce the award of merit increases and/or promotions at any
time for a specific period of time;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to eliminate,
suspend, or reduce the level of salary increase associated with
merit increases and/or promotions during FY 1994-1995, as per
Section 2-87.1 of the Virginia Beach City Code
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 10 day of May , 1994.
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CA-5542
ORDIN~NONCODE~MERIT1.ORD
R-1
PREPARED: 05/10/94
- 13 -
Item II-H.l.f.
ORDINANCES/RESOL UTIONS
ITEM # 37973
Upon motion by Councilman Moss, seconded by Councilman Jones, City Council DEFERRED, not to
exceed thirty 00) days:
Ordinance to AMEND and REORDAIN Chapter 2, Article III, Divisions
1 and 2 of the Code of the City of Virginia Beach, Virginia, by
AMENDING Section 2-84 re annual leave and to AMEND Sections 2-
101, 2-102, 2-103, 2-104, 2-10.5, 2-106, 2-107, 2-108, 2-109, 2-
110, 2-11L 2-112 and 2-116; and, ADDING Sections 2-117, 2-11Z1
and 2-117.2 re administration of the basic pay plan.
Voting: 11-0
Council Members Voting Aye:
John/L Baum, Linwood O. Branch, III, James gE. Brazier, Jr., Robert gE.
Clyburn, Robert I~ Dean, Louis P~ Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
This item was brought forward prior to the vote on the Budget Appropriation.
May 10, 1994
- 14 -
Item H-H.I.g.
ORDINANCES/RESOLUTIONS
ITEM # 37974
Upon motion by Councilman Moss, seconded by Councilman Jones, City Council ADOPTED:
Resolution to reorganize the existing structure of City Operations re
Development Review Process and Waste Management and Housing
Inspections.
l~oting : 11-0
Council Members Voting ~lye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R~ Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
May 10, 1994
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A RESOLUTION TO REORGANIZE THE EXISTING
STRUCTURE OF CITY OPERATIONS WITH REGARD TO
THE DEVELOPMENT REVIEW PROCESS, AND WASTE
MANAGEMENT AND HOUSING INSPECTIONS
WHEREAS, the City of Virginia Beach exists in an
environment of rapid overall change precipitated by changes due to
technological advancements, changes in the demographics of its
citizens, changes in community needs, and changes in the fiscal
environment;
WHEREAS, the City's administration has the responsibility
to periodically examine its organizational structure and to make
adjustments to better serve its customers, the citizens of the
City;
WHEREAS, the City Manager has determined (1) that the
City's organization should be revised to change the development
review process to more effectively serve the City's customers and
(2) that housing-related inspections, such as waste management
inspections and junked cars inspections, should be consolidated
with the Code Enforcement Division of the Department of Housing and
Neighborhood Preservation; and
WHEREAS, the City Manager reviews any proposed revisions
to the organization to ensure that they are in the best interests
of the City and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That the Planning Department continue to provide all
of its current services to the City's customers involving the
development review process;
2. That similar and complementary functions from the
Department of Public Works and the Department of Public Utilities
be reassigned to the Planning Department to provide a
comprehensive, efficient, customer-oriented operation to best serve
the needs of the City and its customers;
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3. That the review and inspection function of the
Department of Planning with regard to junked cars be reassigned to
the Department of Housing and Neighborhood Preservation, Code
Enforcement Division;
4. That the review and inspection function of the
Department of Public Work's Waste Management Inspection~ Bureau
with regard to sanitary inspections be reassigned to the Department
and Neighborhood Preservation, Code Enforcement
of Housing
Division;
5.
That the City Manager is hereby authorized to
transfer the appropriated funds and existing positions as necessary
to implement these organizational changes;
6. That this resolution shall become effective July 1,
1994, and that any organizational changes shall be implemented on
such date or dates, as the City Manager determines, in his
discretion, to be necessary to guarantee a smooth and orderly
transition of existing organizational functions; and
7. That the City Manager is hereby authorized and
directed to continue to examine and analyze the City's
organizational structure and to periodically make such
recommendations to the Council as the City Manager determines to be
in the best interests of the City and its citizens.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 10 day of May , 1994.
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CA-5540
ORDIN \NONCODE \ BUDGET . RES
R-2
PREPARED: March 24, 1994
DePl. o! IV~O°~t
APPROVED AS TO CONTENTS
SIGNATURE
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
CITY A'rI'ORN EY
- 15 -
Item II-H. 2. a.
ORDINANCES/RESOL UTIONS
ITEM # 37975
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED, AS
AMENDED*:
Ordinance to adopt the FY 1994-1995/FY 1999-2000 Capital
Improvement Program; and, APPROPRIATE $~7,~25,122 ~
for the FY 1994-1995 Capital Budget, subject to funds being provided
from various sources.
*Amendments (Attachment 2) are hereby made a part of the proceedings.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert lc Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy lC Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
Items H.2.a, c and d were ~90PTED in ONE MOTION.
May 10, 1994
City of Virginia Beach, Virginia
Fy 1994-95 Capital Budget and
Fy 1994-95/Fy 1999-2000 Capital Improvement Program
Summary of City Council Amendments
Fy 1994-95
Capital
Budget
Estimated Sources of Fundin~l
Proposed in Fy 1994-95~Fy 1999-2000 Capital Improvement Program $ 97,925,122
Changes in funding from Charter Bonds for:
Marine Science Museum Expansion
Southeastern Expressway
Net Change in Charter Bond Funding
Capital
Improvement
Program
$ 963,774,790
Changes in funding from Certificates of Participation for:
Marine Science Museum Expansion
3,320,617 3,320,617
(202,617) (202,617)
Adjusted Fy 1994-95~Fy 1999-2000 Capital Improvement Program
3,118,000 3~118~000
Estimated Allocations
Proposed in Fy 1994-95~Fy 1999-2000 Capital Improvement Program
Roadways Section
Southeastern Expressway
Economic and Tourism Development Section
Marine Science Museum Expansion*
0 (3,868,080)
$ 101,043,12~2 $ 963,024,710
$ 97,925,122 $ 963,774,790
(202,617) (202,617)
3,320,617 (547,463)
Adjusted Fy 1994-95~Fy 1999-2000 Capital Improvement Program
$ 101,043,122 $ 963,024~71. 0
* The change in allocation for the Marine Science Museum Expansion reflects the increased use
of 1994 Charter Bonds included in the Capital Budget and reduces Certificates of Participation
funding in "Appropriations To Date." With the reduction in funding from Certificates of
Participation the total cost of the project decreases because of the associated reduction to
"Financing Cost" included in the project cost estimate.
ATTACHMENT 2
1
2
3
4
5
6
AN ORDINANCE TO ADOPT THE
FY 1994-95/FY 1999-00 CAPITAL
IMPROVEMENT PROGRAM AND TO APPROPRIATE
$101,043,122 FOR THE FY 1994-95
CAPITAL BUDGET SUBJECT TO FUNDS BEING
PROVIDED FROM VARIOUS SOURCES SET FORTH HEREIN
7
WHEREAS, the City Manager, on March 31, 1994, presented to City Council the Capital
Improvement Program for fiscal years 1994-95 through 1999-00,
9
WHEREAS, City Council held public hearings on the program to provide for public comment,
10
WHEREAS, based on public comment, City Council has determined the need for certain
projects in the Capital Improvement Program,
12
13
WHEREAS, it is necessary to appropriate funds for the projects underway or beginning in the
1994-95 fiscal year as set forth in said Capital Improvement Program.
14
15
VIRGINIA:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
16
17
18
Section 1: That the program, as modified, for the construction of, or addition to capital
facilities identified for fiscal years 1994-95 through 1999-00 is hereby adopted and that projects listed herein
are approved as capital projects.
19
20
21
Section 2: That the projects shall be financed from funds to be appropriated periodically by
City Council, and until funds are so provided, the projects are for planning purposes only and may be deleted,
altered, or rescheduled in any manner at any time by City Council.
22
23
24
Section 3: That funds in the amounts aggregating $1 O1,043,122 for capital projects
underway or beginning in the 1994-95 fiscal year as set forth in said Capital Improvement Program are hereby
appropriated, subject to the conditions set forth, as follows:
25
26
27
28
29
30
31
32
33
34
CAPITAL PROJECT
SCHOOL PROJECTS:
1-006 Various Schools Site Acquisition-Phase I
1-057 Various Schools Additions
1-058 Renovations and Replacements
1-059 Pay-As-You-Go Capital Improvements
1-062 ADA School Modifications
1-064 Relocation: Linkhorn Park and
Seatack Elementary Schools
TOTAL SCHOOL PROJECTS
APPROPRIATION
$ 3,250,000
11,484,579
10,100,000
1,000,000
2,000,000
2,100,000
29,934,579
35
36
37
38
39
4O
41
42
43
44
45
46
47
48
ROADWAY PROJECTS:
2-021
2-051
2-133
2-211
2-816
2-837
2-089
2-096
2-137
2-139
2-173
2-174
Rural Road Improvements
Citywide Parking Improvements
Shore Drive Intersections
Secondary Street Improvements
Traffic Safety Improvements
Various Cost Participation Projects
Southeastern Expressway Acquisition
Ferrell Parkway-Phase V
Great Neck Rd Phase IV and London
Bridge Road-Phase III
Kempsville Road-Phase III
Bow Creek Bridge
Dozier's Bridge
300,000
53,045
,074,433
62,104
866,773
61,406
,491,784
63,623
255,524
257,191
136,980
751,048
49
50
51
52
53
54
55
56
57
58
59
6O
61
62
63
64
65
66
67
68
2-218
2-219
2-220
2-263
2-305
2-833
2-084
2-140
2-149
2-157
2-175
2-095
2-132
2-164
2-167
2-930
2-165
2-209
2-264
Harbour Point Road Extended
Independence Boulevard-Phase IV-C
Equestrian Racetrack Access Improvements
Long Creek Bridge Maintenance
Ferrell Parkway-Phase II
First Colonial Road-Phase III
Military Highway
London Bridge Road-Phase II
Birdneck Road-Phase II
Lynnhaven Parkway-Phase IX
Independence Boulevard-Phase IV-B
Indian River Road-Phase VI
London Bridge Road Extended
Jeanne Street
Lynnhaven Parkway-Phase Xl
Salem Road
Laskin Road-Phase II
Courthouse Loop North-Phase II
Laskin Road-Phase III
TOTAL ROADWAY PROJECTS
608,885
468,436
1,026,619
650,000
40,000
545,055
214,209
98,415
1,002,722
756,467
4,527,946
319,527
140,000
254,609
15,310
538,712
79,800
1,350,000
125,000
$ 18,135,623
69
70
71
72
73
74
COASTAL PROJECTS:
2-014 Lynnhaven Inlet Maintenance Dredging
2-077 Citywide Sand Replenishment Project
2-221 Rudee Inlet Seabee Demonstration
2-830 Rudee Inlet Dredging
TOTAL COASTAL PROJECTS
$ 10,000
1,059,250
160,000
306,000
$ 1,535,250
75
76
77
78
79
80
81
82
83
84
ECONOMIC AND TOURISM DEVELOPMENT PROJECTS:
2-049 Resort Streetscape Improvements
2-052 Public Beach Improvement Program
2-141 Economic Development Investment Program
2-198 Burton Station
2-199 Conference/Convention Facility
3-002 Marine Science Museum Expansion
2-704 Beach Erosion Control and Hurricane Protection
2-262 30th Street Entertainment Center
TOTAL ECONOMIC AND TOURISM DEVELOPMENT PROJECTS
4,828,095
153,000
1,846,549
1,086,009
1,000,000
12,360,617
100,000
2,574,000
$ 23,948,270
85
86
87
88
89
9O
91
92
93
94
95
96
BUILDING PROJECTS:
3-005
3-010
3-016
3-038
3-040
3-976
3-020
3-023
3-033
Underground Storage Tanks - City
Beach Borough Service Center
Dredge Operations Relocation
Various Buildings Reroofing and HVAC
Systems Replacement
Breathing Apparatus Replacement
Fire Training Center Enhancements and Renewal
ADA Building Modifications
Social Services Building Renovation
Fire Facility Rehabilitation and Renewal
TOTAL BUILDING PROJECTS
2,853,800
1,106,946
1,800,000
360,800
286,000
326,500
750,000
774,280
150,000
$ 8,408,326
97
98
99
100
101
102
103
104
105
106
107
108
109
PARKS AND RECREATION PROJECTS:
4-949
4-951
4-953
4-954
4-955
4-961
4-959
4-960
District/Community Park Development
and Renovations
Neighborhood/Community Park Acquisition
Development-High Priority
Municipal Golf Course Improvements
Tennis Court Renovations
Athletic Fields Upgrading and Lighting
Pungo-Park Connector Trail Facility-Phase I
Golf Course Infrastructure and Equipment
Outdoor Plan Initiative Reserve
TOTAL PARKS AND RECREATION PROJECTS
TOTAL GENERAL IMPROVEMENT PROJECTS
$ 225,034
200,000
181,000
75,000
75,000
129,000
170,040
471,000
1,526,074
83,488,122
110 STORM WATER UTILITY PROJECTS:
111
112
113
114
115
116
117
2-020 Various Drainage Improvements
2-115 Rosemont Road - Windsor Woods Drainage
2-183 Storm Water Quality Enhancements
2-185 Indian Lakes Drainage
2-902 North Beach Storm Drainage-Phase III
2-800 Lynnhaven Colony/Cape Story By-The-Sea Drainage
TOTAL STORM WATER PROJECTS
300,000
128,344
300,000
250,000
246,656
250,000
,475,000
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
WATER UTILITY PROJECTS:
5-068
5-069
5-071
5-118
5-047
5-066
5-119
5-124
5-126
5-127
5-098
5-099
5-105
5-106
5-108
5-109
5-110
5-112
Comprehensive Water Study-Phase II
Small Line Improvements-Phase II
Water Request and Agreement Projects-Phase II
Computerized Mapping Program
Indian River Road-Phase VI
17th Street Tank Modifications
Flow Monitoring System
Tank Upgrade Program
Water Quality Program
Landstown Yard Improvements-Phase II
Colony Drive-51% Type
South Kentucky Avenue-51% Type
Stumpy Lake Lane-51% Type
Salem Road "A"-51% Type
Stumpy Lake-51% Type
Lagomar-51% Type
Lake Shores-51% Type
Eagle's Nest Point-51% Type
TOTAL WATER UTILITY PROJECTS
100,000
350,000
105,000
550,000
130,000
45,000
250 000
500 000
150 000
75 000
95 000
60 000
135 000
690 000
800 000
400 000
4O0 000
320,000
5,155,000
138
139
140
141
142
143
144
145
146
147
148
149
1 50
151
152
1 53
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
SEWER UTILITY PROJECTS:
6-015
6-016
6-018
6-046
6-937
6-938
6-939
6-002
6-005
6-007
6-013
6-021
6-022
6-023
6-024
6-048
6-050
6-052
6-055
6-058
6-061
6-931
6-998
6-049
Infiltration, Inflow, and Rehabilitation-Phase II
Pump Station Modifications-Phase II
Various Sewer Projects-Phase II
Computerized Mapping System
Aragona Rehabilitation
Princess Anne Plaza Rehabilitation
Comprehensive Sewer Study
Colony Drive
First Colonial Road-Phase III
Indian River Road/Hillcrest
Leroy Drive
Salem Road "C"
Indian River Road/Elbow Road
Indian River Road South
Salem Road "A"
Little Haven
Salem Road #2549
Stumpy Lake Lane
Landstown Yard Improvements-Phase II
Princess Anne Downs
30th Street Entertainment Center-Sewer
Sandbridge
South Kentucky Avenue
Eagle's Nest
TOTAL SEWER UTILITY PROJECTS
TOTAL UTILITY PROJECTS
TOTAL APPROPRIATIONS
FINANCING SOURCES:
General Appropriations
General Fund Balance
1994 Charter Bonds
Road Bonds
Water and Sewer Fund
Federal Contribution
State Contribution
Water and Sewer Revenue Bonds
Other
Storm Water Utility Fund
$ 2,300,000
50 000
100 000
550 000
500 000
400 000
100 000
155 000
200 000
910000
124 000
1,030,000
490 000
625000
370000
95000
124 000
40000
75000
500000
360000
1,417,000
110,000
300,000
$ 10,925,000
$ 17,555,000
$ 101,043,122
$ 16,744,543
6,192,686
48,818,000
8,000,000
2,554,200
881,153
776,500
14,080,000
1,521,040
1,475,000
177 TOTAL FINANCING $ 101,043,122
178
179
Section 4. That capital project funds appropriated in prior fiscal years are to be adjusted in
accordance with said Capital Improvement Program and reallocated as follows:
180
181
182
183
184
185
186
187
188
189
190
ROADWAYS PROJECTS:
TRANSFER TO:
2-150 Ferrell Parkway-Phases VI and VII
2-257 Lynnhaven Parkway/Volvo Parkway
2-261 City Line Drive
TOTAL TRANSFERS TO
TRANSFER FROM:
2-305 Ferrell Parkway-Phase II
2-820 Princess Anne Road-Phase III
2-833 First Colonial Road-Phase III
TOTAL TRANSFERS FROM
257,212
5,200
5,200
$ 267,612
101,927
36,320
129,365
267,612
191
192
193
194
195
196
197
COASTAL PROJECTS:
TRANSFER TO:
2-077 Citywide Sand Replenishment
TOTAL TRANSFERS TO
TRANSFER FROM:
2-830 Rudee Inlet Dredging
TOTAL TRANSFERS FROM
76,000
76,000
76,000
76,000
198
199
200
201
202
203
ECONOMIC AND TOURISM DEVELOPMENT PROJECTS:
TRANSFER TO:
2-199 Conference/Convention Facility
2-255 Conference/Convention Facility Expansion
2-262 30th Street Entertainment Center
TOTAL TRANSFERS TO
50,000
400,000
1,431,500
~ 1,881,500
204
205
206
207
208
TRANSFER FROM:
2-058 Rudee Walk
3-017 Pavilion Roof Repairs
TGIF-Reserves
TOTAL TRANSFERS FROM
700,000
450,000
731,500
$ 1,881,500
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
STORM WATER PROJECTS:
TRANSFER TO:
2-115 Rosemont Road-Windsor Woods Drainage
TOTAL TRANSFERS TO:
TRANSFER FROM:
2-815 Stumpy Lake Drainage and Outfall
TOTAL TRANSFERS FROM
BUILDING PROJECTS:
TRANSFER TO:
3-023 Social Services Building Replacement
3-033 Fire Station Roof Replacements
TOTAL TRANSFERS TO
TRANSFER FROM:
3-021 Family Court Modifications
3-034 Fire Station Concrete Repairs
TOTAL TRANSFERS FROM
50,000
50,000
150,000
150,000
$ 210,000
237,600
447,600
$ 210,000
237,600
447,600
225
226
227
228
229
230
231
PARKS AND RECREATION PROJECTS:
TRANSFER TO:
4-960 Outdoor Plan Initiative Reserve
TOTAL TRANSFERS TO:
TRANSFER FROM:
4-811 Lesner Bridge Boat Ramp
TOTAL TRANSFERS FROM
5,000
5,000
$ 15,000
$ 15,000
232
233
234
235
236
237
238
239
240
WATER AND SEWER UTILITY PROJECTS:
TRANSFER TO:
5-070 Various Highway Projects-Phase II
5-130 Lynnhaven Parkway Extended
6-017 Various Highway Projects-Phase II
6-018 Various Sewer Projects-Phase II
6-044 Terrace Avenue/14th and Parks
6-053 Birdneck Road-Route 44 Intersection
TOTAL TRANSFERS TO
10,000
150,000
10,000
100,000
200,000
100,000
$ 570,000
241
242
243
244
245
246
247
248
249
250
TRANSFER FROM:
5-051 Robbins Corner-51% Type
5-713 Landstown Suction
6-934 Bay Colony
6-945 Larkspur
6-954 Virginia Beach Boulevard-Phase II
6-963 Dam Neck Road-Phase I
6-991 Dam Neck Road-Phase II
6-996 Robbins Corner
TOTAL TRANSFERS FROM
10,000
50,000
70,000
300,000
25,000
25,000
50,000
40,000
$ 570,000
251
252
Section 5. That additional appropriations and the addition of capital projects shall not be
initiated except with the consent and approval of the City Council first being obtained.
253
254
255
256
Section 6. That the restriction with respect to the expenditure of funds appropriated
shall apply only to the totals of each project class. All contracts awarded for approved and appropriated
capital projects, exclusive of school projects, must be certified as to the availability of funds by the Director of
Finance prior to the initiation of work on the contract.
257
258
259
26O
261
262
Section 7. That the Capital Improvement Program debt management policies contained and
included in the C.I.P. Policies and Process Section of the Capital Improvement Program document shall be the
policy guidelines of the city and that the City Manager shall annually report on the status of those guidelines
and the projected impact of the proposed Capital Improvement Program on those guidelines, such information
to be included in the Capital Improvement Program submittal. The City Manager may propose modifications to
those policies and guidelines through the Capital Improvement Program.
263
Section 8. That this ordinance shall be in effect from and after the date of its adoption.
264
265
266
Section 9. That if any part or parts, section or sections, sentences, clauses, phrases of this
ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity
of the remaining portions of this ordinance.
267
Adopted by the Council of the City of Virginia Beach, Virginia on the lOth day of May, 1994.
Department otc
Management and Budget
- 16 -
Item II-H.Z b.
ORDINANCES/RESOLUTIONS
ITEM # 37976
,4 motion was made by Councilman Moss, seconded by Councilman Brazier to ADOPT, as amended
(Attachment 1)*:
Ordinance to authorize the issuance of General Obligation Bonds of the
City of Virginia Beach, Virginia, in the maximum amount of $50,800,000
for various schools, roads, buildings, public facilities and general
improvements.
The verbiage "...including the expansion of the Seatack Recreation Center on line 36 and 37 shall be
replaced with the verbiage "...including building of General Booth Fire Station ".
Said Motion was WITHDRAWN.
,4 SUBSTITUTE MOTION was made by Vice Mayor Sessoms, seconded by Councilman Branch to
ADOPT, AS AMENDED (Attachment D as presented in the City Manager's letter of May 9, 1994:
Ordinance to authorize the issuance of General Obligation Bonds of the
City of Virginia Beach, Virginia, in the maximum amount of $50,800,000
for various schools, roads, buildings, public facilities and general
improvements.
Voting:
7-4 (MOTION FAILS AS CHARTER BOND REQUIRES 8 AFFIRMATIVE VOTES)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Louis t~
Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndo~ and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
James W. Brazier, Jr., Robert K. Dean, John D. Moss and Nancy IC Parker
Council Members Absent:
None
This Ordinance was MOVED FORWARD prior to the FY 1994-1995 BUDGET APPROPRIATION
Ordinance.
May 10, 1994
-17-
Item II-H. Z b,
ORDINANCES/RESOLUTIONS ITEM # 37976 (Continued)
Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED, .dS
AMENDED (Attachment I)*:
Ordinance to authorize the issuance of General Obligation Bonds of the
City of Virginia Beach, Virginia, in the maximum amount of ~
48.818.000 for various schools, roads, buildings, public facilities and
general improvements.
*Deleting $1,982, 000 for the expansion of the Seatack Recreation Center.
The verbiage "...including the expansion of the Seatack Recreation
Center" on lines 36 and 37 shall be deleted.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert gE.
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Non e
This Ordinance was MOVED FORWARD prior to the FY 1994-1995 BUDGET APPROPRIATION
Ordinance.
May 10, 1994
1
2
3
4
5
AN ORDINANCE AUTHORIZING THE ISSUANCE OF
GENERAL OBLIGATION BONDS OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM
AMOUNT OF $48,818,000 FOR VARIOUS PUBLIC
FACILITIES AND GENERAL IMPROVEMENTS
6
7
8
WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance
of general obligation public improvement bonds for various purposes in the maximum amount of $48,818,000,
as permitted by the City Charter without submitting the question of their issuance to the qualified voters:
9
10
11
12
13
14
15
16
17
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
1. It is hereby determined to be necessary and expedient for the City to construct and
improve various public facilities and general improvements, all of which will promote the public welfare of the
City and its inhabitants and will facilitate the orderly growth, development, and general welfare of the City,
and to finance the costs thereof through the borrowing of $48,818,000 and issuing the City's general
obligation bonds therefor.
2. Pursuant to the City Charter and the Public Finance Act of 1991, there are hereby
authorized to be issued public improvement bonds of the City in the maximum amount of $48,818,000, to
provide funds, together with other funds that may be available, for the following purposes:
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
School projects, including planning, design,
site acquisition, construction, renovation,
expansion, equipping, and furnishing of
schools and related facilities.
Road projects, including design, planning,
site acquisition, construction, improvements,
and landscaping of roadways and bridges.
Economic and Tourism projects, including design,
site acquisition, planning, expansion,
construction, improvements, and landscaping of
property and capital improvements.
Virginia Marine Science Museum Expansion project,
including planning, design, construction, renovation,
expansion, equipping, and furnishing of the Virginia
Marine Science Museum Expansion.
Building projects, including planning, design,
site acquisition, construction, renovation,
expansion, equipping, and furnishing of city
and related facilities.
$ 23,034,579
11,142,295
1,086,009
11,910,617
1,644,500
38 TOTAL $ 48,818,000
39
40
41
42
43
44
45
46
47
48
49
50
Any amount not needed for one of such purposes may be used for another of such purposes,
or, by City Council action, any other capital improvement project authorized by the City Council. The bonds
may be issued as a separate issue or combined with bonds authorized for other purposes and sold as part of
one or more combined issues of public improvement bonds.
3. The bonds shall bear such date or dates, mature at such time or times not exceeding 40
years from their dates, bear interest, be in such denominations and form, be executed in such manner and be
sold at such time or times and in such manner as the Council may hereafter provide by appropriate resolution
or resolutions.
4. The bonds shall be general obligations of the City for the payment of principal, premium, if
any, and interest on which its full faith and credit shall be irrevocably pledged.
5. The City intends to receive reimbursement from proceeds of the sale of the Bonds for
costs related to the purposes for which the Bonds are to be issued that are paid by the City prior to the
51
52
53
54
55
56
57
58
59
60
issuance of the Bonds. The City intends that the adoption of this ordinance be considered as "official intent"
within the meaning of Treasury Regulations Section 1.150-2 promulgated under the Internal Revenue Code of
1986, as amended.
6. The City Clerk is directed to make a copy of this ordinance continuously available for
inspection by the general public during normal business hours at the City Clerk's office from the date of
adoption hereof through the date of the issuance of the Bonds.
7. The City Clerk, in collaboration with the City Attorney is authorized and directed to see to
the immediate filing of a certified copy of this ordinance with the Circuit Court of the City of Virginia Beach.
8. This ordinance shall be in full force and effect from its passage.
Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day of May, 1994.
Requires eight affirmative votes for adopt/on.
Approved as to Content
Department of f
Management and Budget
- 18 -
ORDINANCES/RESOLUTIONS
~EM#3~77
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ~II)OPTED:
Ordinance to authorize the issuance of General Obligation Bonds of the
City of Virginia Beach, Virginia, in the maximum amount of $8,000,000
for roads, highways and bridges.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James ~. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis 1~ Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
~one
Items H.2.a, c and d were ADOPTED in ONE MOTION.
May 10, 1994
1
2
3
4
5
AN ORDINANCE AUTHORIZING THE ISSUANCE OF
GENERAL OBLIGATION BONDS OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM
AMOUNT OF $8,000,000 FOR ROAD, HIGHWAY,
AND BRIDGE PURPOSES
WHEREAS, the City Charter permits the City of Virginia Beach, Virginia, (the City) to issue up
to $8,000,000 of general obligation bonds in any calendar year for road, highway, or bridge purposes without
submitting the question of their issuance to the qualified voters provided that the City has met the require-
ments of Section 6.05:02 of the City Charter;
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WHEREAS, the City desires to authorize the issuance of general obligation public improve-
ment bonds for road, highway, and bridge purposes in the maximum amount of $8,000,000 without
submitting the question of their issuance to the qualified voters;
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VIRGINIA:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
1. It is hereby determined to be necessary and expedient for the City to continue its program
of road, highway, and bridge improvements, all of which will promote the public welfare of the City and its
inhabitants and will facilitate the orderly growth, development, and general welfare of the City, and to finance
the costs thereof through borrowing of $8,000,000 and issuing the City's general obligation bonds therefor.
2. Pursuant to the City Charter, including Section 6.05:2, and the Public Finance Act of
1991, there are hereby authorized to be issued general obligation bonds of the City in the maximum amount of
$8,000,000, to provide funds, together with other funds that may be available, to continue its program of
road, highway, and bridge improvements, The bonds may be issued as a separate issue or combined with
bonds authorized for other purposes and sold as a part of a combined issue of public improvement bonds.
3. The bonds shall bear such date or dates, mature at such time or times not exceeding 40
years from their dates, bear interest, be in such denominations and form, be executed in such manner and be
sold at such time or times and in such manner as the Council may hereafter provide by appropriate resolution
or resolutions.
4. The bonds shall be general obligations of the City for the payment of principal, premium, if
any, and interest on which its full faith and credit shall be irrevocably pledged.
5. The City intends to receive reimbursement from proceeds of the sale of the Bonds for
costs related to the purposes for which the Bonds are to be issued that are paid by the City prior to the
issuance of the Bonds. The City intends that the adoption of this ordinance be considered as "official intent"
within the meaning of Treasury Regulations Section 1.150-2 promulgated under the Internal Revenue Code of
1986, as amended.
6. The City Clerk is directed to make a copy of this ordinance cora;nuously available for
inspection by the general public during normal business hours at the City Clerk's office from the date of
adoption hereof through the date of the issuance of the Bonds.
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7. The City Clerk, in collaboration with the City Attorney, is authorized and directed to see to
the immediate filing of a certified copy of this ordinance with the Circuit Court of the City of Virginia Beach.
8. This ordinance shall be in full force and effect from its passage.
Adopted by the Council of the City of Virginia Beach, Virginia on the lt~-- day of
May 1994.
Approved as to Conten~L
Department of ~
Management and Budget
- 19 -
ORDINANCES/RESOL UTIONS
ITEM # 37978
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED:
Ordinance to authorize the issuance of Water and Sewer System Revenue
Bonds of the City of Virginia Beach, Virginia, in the maximum amount
of $14,080,000 re improvements and expansions to the City's
Water/Sewer System.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndoff, Nancy I~ Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
Items H.2.a, c and d were ADOPTED in ONE MOTION.
May 10, 1994
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AN ORDINANCE AUTHORIZING THE ISSUANCE OF
WATER AND SEWER SYSTEM REVENUE BONDS OF THE
CITY OF VIRGINIA BEACH, VIRGINIA, IN THE
MAXIMUM AMOUNT OF $14,080,000
WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance
of water and sewer system revenue bonds in the maximum amount of $14,080,000 for financing improve-
ments and expansions to the City's water and sewer system (the "System"), as permitted by the City Charter
without submitting the question of their issuance to the qualified voters;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
1. It is hereby determined to be necessary and expedient for the City to continue its program
of improving and extending the System which will promote the public welfare of the City and its inhabitants
and will facilitate the orderly growth, development, and general welfare of the City, and to finance the costs
thereof through the borrowing of $140080,000 and issuing the City's revenue bonds therefor.
2. Pursuant to the City Charter and the Public Finance Act of 1991, there are hereby
authorized to be issued water and sewer system revenue bonds of the City in the maximum amount of
$14,080,000 to provide funds, together with other available funds, for financing the costs of improvements
and expansions to the System.
3. The bonds shall bear such date or dates, mature at such time or times not exceeding 40
years from their dates, bear interest, be in such denominations and form, be executed in such manner and be
sold at such time or times and in such manner as the Council may hereafter provide by appropriate resolution
or resolutions.
4. The system is an undertaking from which the City may derive a revenue. The bonds shall
be limited obligations of the City, payable as to principal, premium, if any, and interest solely from the
revenues derived by the City from the System, and shall not be included within the otherwise authorized
indebtedness of the City. The bonds shall not be deemed to create or constitute an indebtedness of or a
pledge of the faith and credit of the Commonwealth of Virginia or of any county, city, town, or other political
subdivision of the Commonwealth, including the City, and shall so state on their face. The issuance of the
bonds and the undertaking of the covenants, conditions, and agreements to be contained in resolutions to be
adopted or agreements to be entered into hereafter shall not directly, indirectly, or contingently obligate the
Commonwealth, the City, or any other political subdivision of the Commonwealth to levy and collect any taxes
whatsoever or make any appropriation therefor, except from the revenues pledged to the payment of the
principal of and premium, if any, and interest on the bonds.
5. Such resolutions to be adopted and agreements to be entered into hereafter authorizing
the issuance of the bonds and providing the details thereof shall contain appropriate covenants requiring the
City to fix, charge, and collect such rates, fees, and other charges for the use of and the services furnished by
the System and to revise the same from time to time and as often as shall be necessary so as to produce
sufficient net revenues to pay principal of and premium, if any, and interest on the bonds as the same become
due and to provide a margin of safety therefor. Such resolutions and agreements shall also include such
additional covenants, agreements, and other terms as are customary for the protection of the holders of water
and sewer revenue obligations.
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6. The City intends to receive reimbursement from proceeds of the sale of the bonds for
costs related to the purposes for which the bonds are to be issued that are paid by the City prior to the
issuance of the bonds. The City intends that the adoption of this ordinance be considered as "official intent"
within the meaning of Treasury Regulations Section 1.1§0-2 promulgated under the Internal Revenue Code of
1986, as amended.
7. The City Clerk is directed to make a copy of this ordinance continuously available for
inspection by the general public during normal business hours at the City Clerk's office from the date of
adoption hereof through the date of the issuance of the bonds.
8. The City Clerk, in collaboration with the City Attorney is authorized and directed to see to
the immediate filing of a certified copy of this ordinance with the Circuit Court of the City of Virginia Beach.
9. This ordinance shall be in full force and effect from its passage.
Adopted by the Council of the City of Virginia Beach, Virginia on the 10 day of Hay
1994.
Approved as to Content
Department of
Management and Budget
Item II-H.$.
ORDINANCES/RESOLUTIONS
ITEM it 37979
NO ACTION TAKEN:
Alternative Ordinance to adopt the FY 1994-1995/FY 1999-2000
Capital Improvement Program; and, APPROPRIATE $97,925,122 for
the FY 1994-1995 Capital Budgeg subject to funds being provided from
various sources.
(Sponsored by Councilman John D. Moss).
CITY MANAGER WILL STUDY AND DEVELOP SAFEGUARDS RE SECTION 6 of the Capital
Improvement Program reference the transfer of funds between projects.
May 10, 1994
- 21 -
Item H-L
CONSENT AGENDA
ITEM # 37980
Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council APPROVED in ONE
MOTION, Items 1, 2, 3, 4 and 5 of the CONSENT AGENDA.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K.
Dean, Louis 1~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera
E. Oberndorf,, Nancy I~ Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
May 10, 1994
Item II-I. 1.
CONSENT AGENDA
ITEM tt 37981
Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 6-17 of the Code of the
City of Virginia Beach, Virginia, re unsafe swimming or wading areas.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert W.. Clyburn, Robert I~
Dean, Louis t~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera
E. Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
May 10, 1994
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AN ORDINANCE TO AMEND AND REORDAIN
SECTION 6-17 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO UNSAFE SWIMMING OR
WADING AREAS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 6-17 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained to read as follows:
Section 6-17.Unsafe swimming or wading areas.
The city manager or his designee is authorized to prohibit
swimming or wading at such times and in such areas or placcs as may
be determined to be unsafe.
~_4~~ ~-~ ~.~ Whenever an area has been determined to be
unsafe pursuant to this section, it shall be unlawful for any
person to swim or wade in such area if the area has been identified
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as unsafe by the postinq of "no-swimminq" flaqs or other
appropriate markers, or after being informed by a police officer,
other public safety official, or lifequard that the area has been
determined to be unsafe.
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Adopted by the Council of the City of Virginia Beach, Virginia
10 May
on the day of , 1994.
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CA-5310
~ORDIN~PROPOSED%06-017.PRO
R-2
APRIL 29, 1994
APPROVED AS TO
Item II-L2.
CONSENT AGENDA
ITEM # 37982
Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to authorize the City Manager to submit the City's Final
Statement of Objectives to the Department of Housing and Urban
Development (HUD) re use of the City's allocation of $ 3,167,000
Twentieth Year (1994-1995) Community Development Block Grant
Funds.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert gE. Clyburn, Robert IC
Dean, Louis 1~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera
E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
May 10, 1994
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AN ORDINANCE TO APPLY FOR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
FOR THE TWENTIETH PROGRAM YEAR (1994-1995)
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WHEREAS, the United States Congress has established legislation designated as
the Housing and Community Development Act of 1974 setting forth as a national goal the
development of viable urban communities; and
WHEREAS, there is federal assistance available for the support of Community
Development and Housing activities directed toward specific objectives such as the elimination
of deteriorated conditions in low and moderate income neighborhoods; the elimination of
conditions which are detrimental to health, safety and welfare; the conservation and expansion
of the City's housing stock; the expansion and improvement of the quantity and quality of
community services; and other related activities; and
WHEREAS, the City of Virginia Beach has developed a multi-year Community
Development Program and has structured the necessary mechanisms for its implementation in
compliance with federal and local directives; and
WHEREAS, the City of Virginia Beach is in the process of implementing this
program and desires to initiate an application for the Twentieth Year funding (1994-1995) in the
amount of $3,167,000 which includes projected income of $150,000.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized and directed to cause such information
or materials, as may be necessary, to be provided to the Department of Housing and Urban
Development to permit the review, approval, and funding of the City's Twentieth Year Final
Statement of Objectives, and
BE IT ORDAINED, that the Council of the City of Virginia Beach gives its
assurance that the intent of the Act will be complied with in full.
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day of
Adopted by the Council of the City of Virginia Beach, Virginia on this __
l~Iay 1994.
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APPROVED AS TO CONTENT:
At"n~lre~w M. l~nedman, Director
Department of Housing and
Neighborhood Preservation
APPROVED AS TO FORM:
Ci[y Attorney
Item II-L3.
CONSENT AGENDA
ITEM # 37983
Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to TRANSFER $70,789 from General Fund Reserve for
Contingencies to the Department of Public Works FY 1993/1994
Operating Budget re restoring funds used for roadway snow and ice
control materials.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K.
Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera
E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
May 1 O, I994
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AN ORDINANCE TO TRANSFER $70,789 FROM GENERAL
FUND RESERVE FOR CONTINGENCIES TO THE DEPARTMENT OF
PUBLIC WORKS FY 1993/94 OPERATING BUDGET
FOR THE PURPOSE OF RESTORING FUNDS USED
FOR ROADWAY SNOW AND ICE CONTROL MATERIALS
WHEREAS, it is normal and customary for the Department of Public Works to
annually estimate and budget for the cost of routine snow and ice control
materials to ensure safe roadway conditions during the winter months;
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WHEREAS, the amount estimated and budgeted for snow and ice control
materials for FY 1993/94 was $20,500;
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WHEREAS, due to the extreme weather conditions this past winter, it was
necessary to expend funds in the amount of $91,289 for snow and ice control
materials, or a total of $70,789 in excess of the estimated and budgeted amount;
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WHEREAS, the expenditure of these funds for snow and ice control materials
depleted funds which were budgeted and programmed for asphalt, concrete and stone
for the department's planned roadway maintenance;
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WHEREAS, without restoration of these funds, the department will not be
able to acquire the necessary materials to complete its planned roadway
maintenance program.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that funds in the amount of $70,789 be transferred from General
Fund Reserve for Contingencies to the Department of Public Works FY 1993/94
Operating Budget for the purpose of restoring funds used for snow and ice control
materials.
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This ordinance shall be in effect from the date of its adoption.
Adopted the __
10 day of May , 1994, by the Council of the City of
Virginia Beach, Virginia.
APPROVED AS TO CONTENT
Walter C. Krae~er, Jr.
Department of Management and Budget
APPROVED AS TO
LEGAL SUFFiCiENCY
SWJ/snowice.ord
Item II-L4,
CONSENT AGENDA
ITEM # 37984
Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to declare a portion of a sixty-six (66)-foot wide strip of
property adjacent to Lot 3, Subdivision of Princess Anne Place, as
EXCESS PROPERTY in the application of Robert and Frances Cooper;
and, authorizing the City Manager to sell same to Mr. and Mrs. Cooper
(PRINCESS ANNE BOROUGH). (Deferred March 22, 1994)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert I~
Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera
E. Oberndoff, Nancy I~ Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
May 10, 1994
SYKES. CARNES. BOURDON.
AHERN & SHAPIRO. P C
AI'TORNIr¥$ AT [.AW
AN ORDINANCE DECLARING CERTAIN
PROPERTY EXCESS AND AUTHORIZING THE
CITY MANAGER TO DISPOSE OF SAME
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
WHEREAS, the City of Virginia Beach acquired ownership
of the following described property by Deed recorded in Deed
Book 2417, at Page 1540; and
WHEREAS, the City Council is of the opinion that the
following described property is in excess of the needs of the
City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. That the following described property is hereby
declared to be in excess of the needs of the City of Virginia
Beach and that the City Manager is authorized to convey said
property in the manner he deems in the best interests of the
City of Virginia Beach reserving therein any and all easements
pertaining thereto, and further that such property be declared
in excess of the needs of the City and is more particularly
described as follows:
Ail that certain lot, piece or parcel of land
situate in the Princess Anne Borough of the City
of Virginia Beach, Virginia and being designated
as "AREA TO BE VACATED" on that certain plat
entitled "Plat Showing A PORTION OF 66' STRIP OF
PROPERTY TO BE VACATED ADJACENT TO LOT 3,
SUBDIVISION OF PRINCESS ANNE PLACE, PRINCESS ANNE
BOROUGH, VIRGINIA BEACH, VA.", prepared by Harold
J. Warren, Jr., Land Surveyor, a copy of which is
attached hereto as Exhibit "A".
2. The parcel shall be combined with the adjoining
property of the Petitioners into one parcel.
3. This ordinance shall be effective from the date
of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 10 day of May
, 1994.
4224i
APPR(~.ED. AS TQ CO;i,Z'FrJ
APPROVED AS TO
EXIiiBur "A'
_ ~ [~ , ~' ,..., ,,... . . . ~
~ o~ '~ '~ ·
~ ~j' i~t 'l'llIS PROPERT~ APPEAHS TO BE
~ /~.y ~/~ HANAGEHENT AOENCY, CUIiHUNIT~-
~ /.la )l!_ PANEL NUMBER ~155Ji Ooq'/D.
J ,psdl
~ ~ · ~ - ~,o~p
~.,' r ~<:~' i~ ~.: > PLAT
,. SHO~ING A PORTION OF 66' STRIP OF
I: PROPERTY TO BE VACATED ADJACENT TO
(. LOT 3, SUBDIVISION PMT OF PRINCESS
g ~ 2e05 %-. ANNE PLACE, PRINCESS ANNE BOROUGH,
· ~ .~ ~. ?
~ {'"' 2[; ~~~ ~;"'" ~'"~' I,.~' . ~[" &. 4Z .(' SCALE ~ 1"=100' DECEMBER 21, 1993
INSET
8cAL~ I i'~ ~0'
ROBERT COOPER
F~NCE~ G~PER
NO ~E REPORT W~ ~RNISHED TO ~E ~D SU~R
5U~OR PRIOR tO mi PERFOR~C[ OF 3~33 ~ ~r ~
S~ : 1' -1oo'
r.B. 1'77 ~. ~7 F1LE HO. ZSAS PrAT RECORDED IH
QUITCLAIM DEED
THIS DEED, made this 14th day of February, 1994, by
and between the CITY OF VIRGINIA BEACh, a municipal corporation
of the State of Virginia, GRANTOR, party of the first part, and
ROBERT COOPER and FRANCES COOPER, husband and wife, GRANTEES,
party of the second part, whose address is 2809 County Place,
Virginia Beach, Virginia 23454.
W I TN E SSE TH :
That for and in consideration of the sum of FOUR
THOUSAND SEVEN HUNDRED DOLLARS ($ 4,700.00 )
the GRANTOR does hereby QUITCLAIM, release, and convey unto the
GRANTEE, subject to the easement hereinafter described, any and
all right, title, and interest it may possess in and to the
following described property:
ALL THAT CERTAIN lot, piece or parcel of
land situate in the Princess Anne Borough of
the City of Virginia Beach, Virginia and
being designated as "AREA TO BE VACATED" on
that certain plat entitled "Plat Showing A
PORTION OF 66' STRIP OF PROPERTY TO BE
VACATED ADJACENT TO LOT 3, SUBDIVISION OF
PRINCESS ANNE PLACE, PRINCESS ANNE BOROUGH,
VIRGINIA BEACH, VA.", prepared by Harold C.
Warren, Jr., Land Surveyor, a copy of which
is attached hereto as Exhibit "A".
GPIN 2403-92-3640-0000
SYKES, CARNES, BOURDON
& AHERN. P. C.
AT'rORNEYS AT LAW
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SYKES, CARNES, ~BOURDON
& AHERN, P:. C.
ATTORNEYS AT LAW
The GRANTOR hereby reserves unto itself, its
successors or assigns, a twenty foot (20°) Utility Easement
running the length of the strip of property herein conveyed, as
depicted upon the afore-referenced plat attached hereto as
Exhibit "A".
IN WITNESS WHEREOF, the City of Virginia Beach has
caused these presents to be executed in its name on behalf by
James K. Spore, City Manager, and its corporate seal to be
hereto affixed and duly attested by ,
Deputy City Clerk, pursuant to Ordinance adopted.
CITY OF VIRGINIA BEACH
By:
James K. Spore, City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM AND CORRECTNESS:
City'Attorney
CEPARTMENT
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SYKES, CARNES, BOURDON
& AHERN. E C.
ATTORNEYS AT LAW
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, , a Notary Public in
and for the City of Virginia Beach in the State of Virginia, do
hereby certify that James K. Spore, City Manager and
, Deputy City Clerk, of the City of
Virginia Beach, whose names as such are signed to the foregoing
Deed bearing date on the day of , 1994,
have acknowledged the same before me in my City and State
aforesaid.
1994.
Given under my hand this
day of ,
Notary Public
My Commission Expires:
4399i
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· ' t ~ .~
,: : : // · ./~
· ~.:. .' ,. ,',.';-h-c!.~. :.-~.
~ ' 3~°27'5~' ~ ..'- .. ..... -"-, .
:0 43~.71' i ,' i --
:~ . ~.j I/~ ZONES AE,X & X. ~EDEHhh
~{( · /,y ~1~ MAN/%OEMENT AOENGY, COI4HUNITY-
~ /l]~ ~/.{] PANEL NUMBER 51553z ooq'/D.
I I ~-" [ *~'.'.'..~ cj ff PLAT
~ I s~.~' SHOWING A PORTION OF 66~ STRIP OF
. PROPERTY TO BE VACATED ADJACENT TO
-:i LOT 3, SUBDIVISIO~ PLAT OF PRINCESS
~ 2- ~TY. ~.~. '~-. ANNE PLACE, PRINCESS ANNE BOROUGH,
~e :..:'.'"'.-' '-.~..' VIRGINIA BEACH, VZRGIN[A
' · ~.e' · . FL. &, 42 ·
,~.~* ~ ~,.~- ,~.~* SCALE: =tOO DECEH~ER 2~ ~993
,
E(.6.1 ~ 28.4
INsE~
ROBERT COOPER
F~C~S CO0~R
t~0~ C. W~E~,JR.
NO n~E REPORT WAS ~RNISliED TO ~E ~0 SU~R
SU~OR PRIOR TO ~E PERFOR~CE OF 3933 ~
t 1"
F.B. 177 .P. ~7 FILE NO. 2. BA.5 PLAT RECORDED IN
~.B.
VA · ~ ~c~ tx/z,.
SYKES, CARNES, BOURDON
& AHERN, P. C.
A"I-rORNEYS AT LAW
PETITION TO DECLARE CERTAIN PROPERTY EXCESS
AND TO AUTHORIZE DISPOSAL TO THE CONTIGUOUS
PROPERTY OWNER
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioners, ROBERT COOPER and FRANCES COOPER, by
counsel, respectfully represent as follows:
1. That Petitioners apply to the Mayor and the
Council of the City of Virginia Beach, Virginia, for an
ordinance declaring the hereinafter described property to be in
excess of the needs of the City of Virginia Beach and to
authorize the City Manager to convey the property to the
Petitioners upon payment of fair market value as determined by
qualified appraisal submitted herewith and in accordance with
City policy.
2. That your Petitioners own the property contiguous
to the hereinafter described property and said property has no
utility unless joined to the contiguous property of Petitioners.
3. The property your Petitioners are asking to be
declared in excess of the needs of the City of Virginia Beach
so that they may purchase same is hereby described as follows:
ALL THAT CERTAIN lot, piece or parcel of land
situate in the Princess Anne Borough of the City
of Virginia Beach, Virginia and being designated
as "AREA TO BE VACATED" on that certain plat
entitled "Plat Showing A PORTION OF 66' STRIP OF
PROPERTY TO BE VACATED ADJACENT TO LOT 3,
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SYKES, CARNES, BOURDON
& AHERN, R C.
ATTORNEYS AT LAW
SUBDIVISION OF PRINCESS ANNE PLACE, PRINCESS ANNE
BOROUGH, VIRGINIA BEACH, VA.", prepared by Harold
C. Warren, Jr., Land Surveyor, a copy of which is
attached hereto as Exhibit "A".
4. That no inconvenience will result to any person
or property owner by reason of the sale of the hereinabove
described property.
WHEREFORE, your Petitioners pray that the Mayor and
City Council of the City of Virginia Beach, Virginia, declare
the hereinabove described property to be in excess of the needs
of the City of Virginia Beach and to authorize the City Manager
to convey same to your Petitioners upon payment to the City of
Virginia Beach, for the fair market value of said property as
determined by qualified appraisal.
Respectfully submitted,
ROBERT COOPER and FRANCES COOPER
By:
Of Counsel
R. Edward Bourdon, Jr., Esquire
SYKES, CARNES, BOURDON & AHERN, P.C.
Pembroke One, Fifth Floor
Virginia Beach, Virginia 23462
(804) 499-8971
4223i
DEPARTMENT
- 2 -
Item 11-1.5.
CONSENT AGENDA
ITEM # 37985
Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance authorizing tax refunds in the amount of $1,244.61, upon
application of certain persons and upon Certification of the City
Treasurer for payment.
Voting: 10-0
Council Members Voting ,dye:
John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K.
Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera
E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W.. Brazier, Jr.
May 10, 1994
'--ORM NO. C.A. 7 H-/ E.~./ ~H' E.i'I~.,
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAHE Tax Type Ticket Exonera- Date Penalty Int. Total
Year of Tax Number tion No. Paid
Frank A & Joanne Jacobs 94
Alfred E Jr & Carolyn Gregg 92
Alfred E Jr & Carolyn Gregg 92
Alfred E Jr & Carolyn Gregg 91
Alfred E Jr & Carolyn Gregg 91
Pete M & Carolyn Hayes 91
Pete M & Carolyn Hayes 91
William K & Betty Widgeon 91
Paul Morrison N/A
RE(l/2) 57641-2 11/23/93
RE(_1/2) 44930-2 12/5/91
RE(2/2) 44930-2 6/5/92
RE(l/2) 44669-0 12/3/90
RE(2/2) 44669-0 6/4/91
RE(l/2) 49229-2 11/14/90
RE(2/2) 49229-2 5/14/91
RE(l/2) 123463-0 11/28/90
Adm. Fee 4/13/94
188.15
138.98
138.98
131.58
131.58
123.84
123.84
247.66
20.00
Total 1,244.61
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$1,244.61 were approved by
the Council of the City of Virginia
Beach on the_lQ_day of
Ruth Hodges Smith
City Clerk
Approved as to form:
Leslie~_. 611e~, C'ity ~
- 27 -
Item II-J.
PUBLIC HEARING
ITEM # 37986
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
(a) MRS. OPAL LEE MILLS
VARIANCE
(b) ROBERT AND DORIS ROGERS
CONDITIONAL USE PERMIT
(c) OLEVA WHITEHURST ESTATE
CONDITIONAL USE PERMIT
(d) GAYLE AND JACQUELINE ROUNTREE,
T/A HOLLY RIDGE MANOR FARM
CONDITIONAL USE PERMIT
(e) TEA CELLULAR NETWORK SERVICES
CONDITIONAL USE PERMIT
2.
PLANNING - RECONSIDERATIONS
(a) LOTUS CREEK ASSOCIATES
RECONSIDERATION OF
CONDITION 2
(b) ROGER CAHOON AND LESLIE TERRY
IN BEHALF OF JAMES M. BEVERLY
RECONSIDERATION OF
CONDITIONS
May 10, 1994
Bern II-J.l,a.
PUBLIC HEARING
ITEM # 37987
PLANNING
Attorney R. J. Nutter, II, 4425 Corporation Lane, Phone: 671-6600, represented the applicant. Attorney
Nutter submitted a petition containing names of residents in SUPPORT of the application. Said petition
is hereby made a part of the record.
Upon motion by Vice Mayor Sessoms, seconded by Councibnan Lanteigne, City Council APPROVED the
application of MRS. OPAL LEE MILLS .for a Variance to Section 4.4(b) of the Subdivision Ordinance
which requires all lots created by subdivision to meet all requirements of the City Zoning Ordinance.
Appeal from Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Mrs. Opal Lee
Mills. Property is located at 1530 Horseshoe Drive. LYNNHAFEN
BOROUGH.
l/'oting : 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert IC
Dean, Louis P~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera
E. Oberndorf,, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
May 10, 1994
- 29 -
Item H-J.l.b.
PUBLIC HEARING
ITEM # 37988
PLANNING
Attorney R. Edward Bourdon Jr., Pembroke One Fifth Floor, Phone: 499-8971, represented the applicant
A motion was made by Councilman Lanteigne, seconded by Councilman Brazier to ADOPT an Ordinance
upon application of ROBERT & DORIS ROGERS for a Conditional Use Permit as conditioned:
ORDINANCE UPON APPLICATION OF ROBERT & DORIS ROGERS
FOR A CONDITIONAL USE PERMIT FOR SINGLE FAMILY HOMES
IN THE `4GRICULTURAL DISTRICTS
Ordinance upon application of Robert & Doris Rogers for a Conditional
Use Permit for single family homes in the Agricultural Districts on
certain property located at the southwest intersection of Princess `4nne
Road and West Neck Road. Said parcel contains 15.93 acres. PUNGO
BOROUGH.
Councilman Baum referenced his fax to City Council Members relative the Southern Rural Area
Development Potential utilizing the four alternative methods used to calculate number of lots for the
Rogers and Whitehurst applications. Said information is hereby made a part of the record.
Voting:
5-6 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.. Clyburn,
Paul J. Lanteigne and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
John ,4. Baum, Robert I~ Dean, Louis I~ Jones, John D. Moss, Mayor Meyera E.
Oberndorf and Nancy I~ Parker
Council Members `4bsent:
None
May 10, 1994
- 30 -
Item II-J.l.c.
PUBLIC HEARING
ITEM # 37989
PLANNING
Herb Culpepper, 1771 Princess Anne Road, represented the applicant
Upon motion by Councilman Lanteigne, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of OLEF'A WHITEHURST ESTATE for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF OLEVA WtIITEHURST
ESTATE FOR A CONDITIONAL USE PERMIT FOR SINGLE FAMILY
DWELLINGS IN THE AGRICULTURAL DISTRICT R05941893
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Oleva Whitehurst Estate for a Conditional
Use Permit for single family dwellings in the Agricultural District on
certain property located on the south side of Morris Neck Road, 400 feet
more or less west of Fitztown Road. Said parcel contains 48.6 acres.
PUNGO BOROUGH.
The following conditions shall be required:
Three new curb cuts will be permitted. Lots 1 and 2 will share
a curb cut, lots 3 and 4 will share a curb cut and lots 5 and 6
will share a curb cut. Parcel A, the proposed Ruritan site, will
use the existing access for the adjacent church. Lot 7 will use
the access that exists for the residential lot adjacent to the
South.
2.
A one foot no ingress/egress easement is required along the
site's frontage on Morris Neck and Fitztown Roads except at
the location of the access points.
A 50' buffer, as described in the Comprehensive Plan, shall be
established along all property lines which adjoin an active
agricultural operation. The required buffers must be planted
prior to occupancy.
Erosion and sediment control measures must be noted and
described for any land disturbance, exceeding 2500 square feet,
on the site development plan.
5. Development shall be limited to two lots per year.
6.
Prior to the submission of the preliminary subdivision plan for
the property, the applicant shall meet with Planning
Department staff to coordinate the extent and design of building
envelopes for the wooded lots on the parcel.
The Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth o_f Ma.v. Nineteen Hundred
and Ninety-Four.
May 10, 1994
- 31 -
Item II-J.l.c.
PUBLIC HEARING
ITEM # 37989 (Continued)
PLANNING
Councilman Baum referenced his fax to City Council Members relative the Southern Rural Area
Development Potential utilizing the four alternative methods used to calculate number of lots for the
Rogers and Whitehurst applications. Said information is hereby made a part of the record.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
May 10, 1994
Item H-J.I.d.
PUBLIC HEARING
ITEM # 37990
PLANNING
Richard IC Stell, 219 66th Street, Phone: 428-5824, represented the applicant
Upon motion by Councilman Dean, seconded by Councilman Moss, City Council ~4LLOWED
WITHDRAWAL of an Ordinance upon application of GAYLE AND JACQUELINE ROUNTREE, T/A
HOLLY RIDGE MANOR FARM for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF GAYLE AND JACQUELINE
RO UNTREE, T/A HOLLY RIDGE MANOR FARM FOR A
CONDITIONAL USE PERMIT FOR AN INDOOR RECREATIONAL
FACILITY (ANIMAL TRAINING)
Ordinance upon application of Gaffe & Jacqueline Rountree, T/A Holly
Ridge Manor Farm for a Conditional Use Permit for an indoor
recreational facility (animal training) on property located 1765 feet south
of Seaboard Road, west of Princess Anne Road. Said parcel is located at
2997 Seaboard Road and contains 26,136 square feet. PRINCESS ANNE
BOROUGH.
Voting: I1-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy ~ Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
May 10, 1994
Item lI-,r.l.e,
PUBLIC HEARING
ITEM # 37991
PLANNING
Mayor Oberndorf referenced the letter dated May 9, 1994 from McGuire Woods Battle & Boothe,
requesting DEFERRAL of the application until the City Council Session of May 24, 1994.
Upon motion by Councilman Dean, seconded by Councilman Moss, City Council DEFERRED until the
City Council Session of May 24, 1994, the Ordinance upon application of TEA CELLULAR NETWORK
SERVICES for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF TEA CELLULAR NETWORK
SERVICES FOR A CONDITIONAL USE PERMIT FOR A 150-FOOT
COMMUNICATIONS TOWER
Ordinance upon application of TEA Cellular Network Services for a
Conditional Use Permit for a 150 foot communication tower on certain
property located 2750 feet more or less west of General Booth Boulevard,
2640 feet more or less north of London Bridge Road. Said parcel is
located at 2385 London Bridge Road and contains 10 acres. PRINCESS
ANNE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baton, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R~ Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
May 10, 1994
Item H-J. 2. a.
PUBLIC HEARING
PLANNING - RECONSIDERATIONS
ITEM # 37992
Greg Johnson, Langley & McDonald, 5545 Greenwich Road Phone; 473-2000, represented the
applicant
Upon motion by Councilman Dean, seconded by Councilman Jones, City Council APPROVED
MODIFICATION OF CONDITION (NUMBER TWO) in the December 17, 1991, approved Application
of LOTUS CREEK ASSOCIATES for a Mod(5cation to the Land Use Plan for Lotus Creek:
ORDINANCE UPON APPLICATION OF LOTUS CREEK ASSOCIATES
FOR A MODIFICATION TO THE LAND USE PLAN FOR LOTUS
CREEK Z012911337
Ordinance upon application of Lotus Creek Associates for a modification
to the Land Use Plan for Lotus Creek on certain property located at
2700 Atwood Road. The proposed modification to the Land Use Plan is
for a change in total number of dwelling units and dwelling type
allocation. The current plan allows 30 total units (82 single family, 106
single family attached, 112 multi-family). The proposed plan wouM allow
285 total units (73 single family, 76 single family attached, 136 multi-
family). The Comprehensive Plan recommends use of this parcel for
recreation/open space. Said parcel contains 82 acres. PRINCESS ANNE
BOROUGH.
Condition Number Two shall be MODIFIED to:
Approval is subject to the provisions of the Regulations to
accompany the Lotus Creek Development Plan, dated November
8, 1991, prepared by Langley and McDonald with the
modification dated April 14, 1994, pertaining to the access
road.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberncloff, Nancy IC Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
May 10, 1994
Item H-J. 2. b.
PUBLIC HEARING
ITEM # 37993
PLANNING - RECONSIDERATIONS
The City Clerk referenced correspondence of May 9, 1994, from Jim Beverly, requesting WITHDRAWAL
of the application. Said letter is hereby made a part of the record.
The City Clerk referenced correspondence from Captain W. H. Shrutleff, U.S. Navy - Commanding
Officer, Naval Air Station Oceana, advising the application lies within the AICUZ Noise Zone 3. Said
letter is hereby made a part of the record.
Upon motion by Councilman Branch, seconded by Vice Mayor Sessoms, City Council DENIED
MODIFICATION OF CONDITIONS (NUMBERED ONE AND SEVEN) in the March 12, 1973,
approved Application of ROGER CAI-lOON and LESLIE TERRY, in behalf of JAMES M. BEVERLY.
Application of James M. Beverly for the reconsideration of conditions
placed on the application for a change of zoning from R-1 Single Family
Residential District to R-3 Multiple-Family Residence District and a
Conditional Use Permit for 28 apartment units on March 12, 1973.
Property is located at the eastern extremity of Indian Circle. VIRGINIA
BEACH & LYNNHAVEN BOROUGHS.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
May 10, 1994
Item II-Kl.a.
APPOINTMENTS
ADD-ON
ITEM # 37993
Upon NOMINATION by Vice Mayor Sessoms, City Council:
REAPPOINTED
ARTS AND HUMANITIES
Leonette S. Adler
Juanita G. Fdton
Flo McDaniel
Darlene K. Thurman
APPOINTED
Preston M. White, Jr.
Cathy Sampson
Mimi Karesh
Two-Year Term
7/1/94 - 6/30/96
Voting: I0-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K, Dean, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
May 10, 1994
- 37 -
Item H-If. 1.b.
APPOINTMENTS
ADD-ON
ITEM # 37994
Vice Mayor Sessoms NOMINATED Andrew S. Fine for REAPPOINTMENT to MEDICAL COLLEGE
OF HAMPTON ROADS.
Councilman Brazier NOMINATED Jeffrey J. Beaton for APPOINTMENT to MEDICAL COLLEGE
OF HAMPTON ROADS.
Council Members Voting for Andrew S. Fine:
John/1. Baum, Linwood O. Branch, III, Robert W. Clyburn, Louis R.
Jones, Paul J. Lanteigne and Vice Mayor William D. Sessoms, Jr.
Council Members Voting for Jeffrey J. Beaton:
James W.. Brazier, Jr., Robert ~ Dean, John D. Moss, Mayor Meyera E.
Oberndorf and Nancy IC Parker
City Council REAPPOINTED:
MEDICAL COLLEGE OF HAMPTON ROADS
Andrew S. Fine
3- Year Term
6/1/94 - 5/31/97
May 10, 1994
- 38 -
UNFINISHED BUSINESS
ITEM # 37995
Councilman Baum referenced the Land Use Tax. The City Attorney advised Councilman Baum, the City
Council does not have the right to direct the Real Estate Assessor to do anything but his professional and
legal duties. Councilman Baum requested Jerald D. Banagan, City Assessor, determine whether cash
rentals had changed and provide a written explanation to the City Council as to his conclusions and why
a different capitalization rate should be utilizecL Written documentation should be provided advising what
the Real Estate Assessor believes the values should be or whether he agrees with the State Land
Evaluation Advisory Council (SLEAC).
Mr. Banagan advised he is notified of the proposed values from SLEAC each year in December and
January. Mr. Banagan would prefer to use the values as proposed, unless direction is provided otherwise
from City Council. In February, City Council provided direction relative forestry and from now on he will
add the increment of risk, which SLEAC took out of their calculations and will continue to notify the
Council Members very early in the process in February as the rates do not have to be established until
July.
Councilman Lanteigne believed, if a commitment was to be made to farming, raising taxes is not the way
to accomplish this mission.
May 10, 1994
- 39 -
Item 1I-£.2.
UNFINISHED BUSINESS
ITEM # 37996
Councilman Baum requested the City Staff provide an update on the Southeastern Expressway during the
City Council Session of May 24, 1994.
May I0, 1994
Item lI-M.l.a.
NEW BUSINESS
ITEM # 37997
Councilman Baum referenced the VIRGINIA BEACH AGRICULTURAL RESERVE PROGRAM, a
proposal for safeguarding Virginia Beach's prime agricultural lands in the Southern Watersheds. This
was prepared by the ad hoc Southern Watersheds Committee and The Nature Conservancy.
Copies of this report were distributed to City Council and are hereby made a part of the record. This
proposal will be presented at the Council of Civic Organizations' Meeting on May 18, 1994, at 7:00 P.M.
May 10, 1994
- 41 -
Item II-M.l.b.
NEW BUSINESS
ITEM # 37998
The following spoke in SUPPORT of the proposal:
Bill Gooch, 509 Virginia Dare Drive, Phone: 491-4345
Allen Pyle, 740 Virginia Dare, Phone; 422-5187, represented the Croatan Civic League
Deborrah Graham, 505 South Atlantic Avenue, Phone: 491-9303,
The following spoke in OPPOSITION:
Paul West, 1333 Gannet Run, Phone: 422-2200, represented the Eastern Surfing Association
Wes Laine, 526 Virginia Dare Drive, Phone: 528-2620
BY CONSENSUS, City Council requested the City Manager draft an Ordinance for May 24, 1994,
prohibiting PARKING AT CROATAN between 10:00 A34. in the morning and 6:00 P34.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
May 10, 1994
Item H-M. 1. c.
NEW BUSINESS
ITEM # 37998
Upon motion by Councilman Lanteigne, seconded by Vice Mayor Sessoms, City Council MOVED
FORWARD PRIOR TO THE VOTE ON THE OPERATING BUDGET/CIP:
ADOPTED an Ordinance to AMEND and REORDAIN Chapter 21 of
the Code of the City of Virginia Beach, Virginia, by ADDING Section
21-343 re reimbursement for expenses proximately caused by driving
while impaired (DUI). (Sponsored by Councilman Paul J. Lanteigne)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert I~ Dean, Louis R~ Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
May 10, 1994
Item II-M. 1. c.
NEW BUSINESS
ITEM # 37999
Upon motion by Councilman Lanteigne, seconded by Vice Mayor Sessoms, City Council ADOPTED:
ADOPTED an Ordinance to AMEND and REORDAIN Chapter 21 of
the Code of the City of Virginia Beach, Virginia, by ADDING Section
21-343 re reimbursement for expenses proximately caused by driving
while impaired (DUI). (Sponsored by Councilman Paul J. Lanteigne)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert I~ Dean, Louis P~ Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndoff, Nancy I~ Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
May 10, 1994
Sponsored by Councilmember Paul J. Lanteigne
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 21
OF THE CODE OF THE CITY OF VIRGINIA BEACH,
VIRGINIA BY ADDING SECTION 21-343 PERTAINING
TO REIMBURSEMENT FOR EXPENSES PROXIMATELY
CAUSED BY DRIVING WHILE IMPAIRED
6
7
8
9
10
11
12
13
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Chapter 21 of the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained by adding Section
21-343 to read as follows:
Sec. 21-343. Reimbursement for expenses of driving while impaired.
(~} Any person who is convicted of violation of section
21-336, or of section 18.2-266 or section 29.1-738 of the Code of
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Virginia, when his operation of a motor vehicle, engine, train or
watercraft while impaired is the proximate cause of any accident or
incident resulting in an appropriate emergency response, shall be
liable in a separate civil action to the city, and to any volunteer
rescue squad, which may provide such emergency response for the
reasonable expense thereof, in an amount not to exceed one thousand
dollars ($1,000) in the aggregate for a particular accident or
incident.
(b As used in this section, "appropriate emergency
response" includes all costs of providing law-enforcement, fire-
fighting, rescue, and emergency medical services.
(c) The provisions of this section shall not preempt or
limit any remedy available to the Commonwealth, the city, or any
volunteer rescue squad to recover the reasonable expenses of an
emergency response to an accident or incident not involvinq
impaired driving or operation of a vehicle as set forth herein.
(d) No policy or contract of bodily injury or property
damage liability insurance relating to the ownership, maintenance,
or use of a motor vehicle, engine, train, motorboat,or watercraft
33
34
issued, or issued for delivery, in the Commonwealth shall insure
against any civil liability under this section.
35
36
Adopted by the Council of the City of Virginia Beach, Virginia
on the 10th day of May
, 1994.
37
38
39
40
CA-5562
\ORDIN\PROPOSED\21-343.PRO
R-3
May 4, 1994
Item II-N. 1.
ADJOURNMENT
ITEM # 38000
Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:20 P.M.
Beverly O. Hoofs, CMC
Chief Deputy City Clerk
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
May 10, 1994