MAY 26, 1998 MINUTESCity of Virginia Bcach
,'WORLD'S LARGEST RESORT C~Y"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, Al-Large
VICE MAYOR WILLIAM D. SESSOMS. ]R., At. La,ge
JOHN A. BAUM, Biac~wate~ Borough
LINWOOD O. BRANCH IlL Virginia Bedlh
WILLIAM W. HARRISON. JR. L~nnhmvn
HARO~ HEI~HOBER, At-~ge
M. HENRY, Pungo
LOUIS R. ]ON~ ~i~ ~ough
N~CY K. PA~ER, At-~rge
~UISA M. ~YHO~. K~p~nlle
City Manager
LESLIE L. L//.~EY. City Atwrn~
ROTIq HODGE$ SMITH, CMC / AAE, City Cle*k
CITY COUNCIL AGENDA
May 26, 1998
CITY MANAGER'S BRIEFINGS
- Conference Room -
2:30 PM
MASTER PLAN PROCESS - Virginia Marine Science Museum Future Development
Mac Rawls, Director, Department of Museums
Bo
STATUS OF RED WING GOLF COURSE
Barry Frankenfield, Department of Parks and Recreation
Co
COMPREHENSIVE PLAN: TRANSITION AREA/ARP
Robert J. Scott, Director, Department of Planning
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL CONCERNS
IV. INFORMAL SESSION
- Conference Room -
4:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
V. FORMAL SESSION - Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION:
Reverend J. "Scottie" Griffin, D.D.
First Presbyterian Church
Co
Do
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS
May 12, 1998
Go
AGENDA FOR FORMAL SESSION
The Consent Agenda will be determined during the Agenda Review Session and considered
in the ordinary course of business by City Council to be enacted by one motion.
H. ORDINANCES
Ordinances to AMEND the City Code of Virginia Beach:
a. Section 28-4 re procedure used to determine Sanitary Sewer Connection Fees.
(Deferred 5/12/98)
b. Section 35,61, 35-64 and 35-67 re exemption, deferral or freeze of Real Estate
Taxes for elderly or disabled persons by increasing income and net worth limits.
Ordinance to authorize the City Manager to enter into a City-State Agreement with the
Virginia Department of Transportation OgDOT) re construction of Salem Road (CIP #2-
930), a six-lane divided highway with bikeway and scenic buffer from Ferrell Parkway to
Lynnhaven Parkway and a four-lane divided arterial highway and bikeway from Lynnhaven
Parkway to Independence Boulevard, a distance of approximately 7,280 feet (1.18 miles)
(KEMPSVILLE BOROUGH).
Ordinances to authorize temporary encroachments on Branchwood Way re constructing
and maintaining fill dirt and grass over sidewalk (KEMPSVILLE BOROUGH):
ao
Into a portion of the City's right-of-way by ANDY S. and LORRAINE KOVACH
at 5412 Branchwood Way.
b. Into a portion of the City's right-of-way by ROBERT H. and SARAH E.
KUCZYNSKI at 5416 Branchwood Way.
4. CERTIFICATES-OF PUBLIC CONVENIENCE AND NECESSITY:
5. REFUNDS:
Beach Taxi, Inc.
Yellow Cab of Virginia Beach, Inc.
Weddle Antique Limousine Service, Inc.
a. License - $49,521.21
b. Tax - $ 6,859.55
PUBLIC HEARING - PLANNING
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
Application of THE SOUTHLAND CORPORATION for a Modification to the Green
Run Land Use Plan to allow gasoline sales in conjunction with a convenience store and a car
wash at the Northeast corner of South Independence Boulevard and Lynnhaven Parkway,
containing 2.414 acres (PRINCESS ANNE BOROUGH).
Recommendation:
APPROVAL
Petition of MARK R. LICHTENSTEIN for the discontinuance, closure and abandonment
ora portion of Sydnor Street beginning at the Southern boundary of55* Street and running
in a Southerly direction a distance of 105.10 feet along the Eastern boundary of Sydnor
Street and containing 4,102 square feet (LYNNHAVEN BOROUGH).
Approved subject to compliance:
Additional 180 Day Deferral:
May 27, 1997
November 25, 1997
Recommendation:
ADDITIONAL 180 DAY DEFERRAL
Application of BAYVILLE FARMS ASSOCIATES, L.C., for the discontinuance, closure
and abandonment of a portion of First Court Road beginning at the Southem boundary of
Shore Drive and running in a Southwesterly direction a distance of 1165.07 feet, containing
1.42 acres (BAYSIDE BOROUGH).
Recommendation:
APPROVAL
Application of DOUGLAS W. and ALVIN R. YOUNG for a Conditional Use Permit for
an automotive repair establishment on the South side of Witchduck Court, West of
Witchduck Road (5127 Witchduck Court, Unit #101), containing 1728 square feet
(BAYSIDE BOROUGH).
Recommendation:
APPROVAL
Jo
APPOINTMENTS
ARTS AND HUMANITIES COMMISSION
SPORTS AUTHORITY OF HAMPTON ROADS
K. UNFINISHED BUSINESS
L. NEW BUSINESS
ABSTRACT OF VOTES
City of Virginia Beach General Election (Councilmanic) - May 5, 1998
ABSTRACT OF LEGAL CASES RESOLVED - APRIL 1998.
M. ADJOURNMENT
CITY COUNCIL CEREMONIAL OATH and REORGANIZATION
Tuesday, July 7, 1998 - 2:00 PM
City Council Chamber
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
05/22/98BAP
AGENDA\05-26-98.PLN
www.virginia-beach.va, us
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May 26, 1998
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS in the Council
Conference Room, City Hall Building, on May 26, 1998, at 2:30 P.M.
Council Members Present:
John A. Baum, William W. Harrison, Jr., Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba $. McClanan, Mayor Meyera E. Oberndorf,
Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Absent:
Linwood O. Branch, III
[ENTERED: 2.'45 P.M.]
2
CITY MANAGER'S BRIEFING
MASTER PLAN PROCESS
VIRGINIA MARINE SCIENCE MUSEUM FUTURE DEVELOPMENT
2:30 P.M.
ITEM # 435 70
Mac Rawls, Director - Department of Museums, introduced Ed Snider, President - Board of Trustees, who
has created a proposed 1-MILLION Attendance and a Long Range Planning Committee. Mr. Rawls
circulated a proposed agenda request form. With the utilization of slides, Mr. Rawls presented information
relative the future development of the Virginia Marine Science Museum. The Museum has approximately
55 acres of land with 450parking spaces. In the Summertime, the entire Museum staff and volunteers park
at Ocean Breeze encompassing approximately 100 spaces. If the employees were not to do this, every day
in the summer, the Museum wouM run out of parking spaces for its visitors. However, the parking proves
inadequate whenever there are over 3500 visitors during the course of the day.
The highest daily visitation to date has been 6500 visitors. It is not unusual to have 5,000 visitors. In
addition to staff and volunteers, the overfill parking of visitors is sent to Ocean Breeze. Mr. Garcia charges
for customer parking; however, he allows the Museum to have 100 spaces free each day of the Summer. This
equates to approximately $200 per day. If this parking were not available, approximately 30% of the
Museum's visitors would be lost. There are approximately 5 or 6 marshy peninsulas, which make it
extremely difficult to develop the property between the two buildings of the Virginia Marine Science
Museum. The only other alternative would be to buildstructuredparking, which is extremely expensive and
not economically feasible. Additional parking is necessary, particularly if the overflow lot is no longer
available to the Museum. Land surrounding the museum is in a state of change involving major tracts which
will probably change hands within the next couple of years. Mr. Rawls cited the newspaper article relative
Camp Pendleton receiving consideration as a state park. All of Mr. Garcia 's property, encompassing
approximately 80 acres, has not been developed. Another adjacent parcel of property, owned by Wayne
McClesky encompassing approximately 30 acres of land, is some of the most beautiful land in Virginia
Beach. Mr. McClesky has received offers and is interested in selling theproperty. Between this property and
the Marine Science Museum is a Boat Ramp, This boat ramp has easy access and is a great facility.
Occasionally the utilizers of the boat ramp overflow into the Museum parking lot; but, more often, the
Virginia Marine Science Museum tends to overflow into their space. There is private property across from
Owl's Creek, and not far from the City's new dredge facility, which can be accessed through Owl's Creek
Lane. A school is scheduled to be built on part of the City property comprising about 60 acres of land which
the City holds and this is part of the Pendleton purchase. The school will be right in the middle of this
property. Mr. Rawls believes the Museum would like to proceed with the Master Plan and then seek land to
match the Plan.
The recommendation would be to appropriate $100,000 to participate in a Master Planning process.
This item will be SCHEDULED for the City Council Session of June 2, 1998.
May 26, 1998
-3-
CITY MANAGER'S BRIEFING
ST,4 TUS OF RED WING GOLF COURSE
2:55 P.M.
ITEM # 43571
Barry Frankenfield, Department of Parks and Recreation, advised the purpose of his report was to provide
the status of the Red Wing Golf Course Renovation and Expansion CIP Project. Red Wing Lakes Golf
Course is one of three municipal golf courses. It is a 288 acre, par 72 championship length (7080 yards)
course. The course was designed by George Cobb and developed by the City of Virginia Beach on property
leased from the Commonwealth of Virginia. In December of 1996, the City completed the final stages of
purchasing portions of the Camp Pendleton Property. The planned purchase price of the golf course related
property is $2,250,000, which includes the existing Red Wing Golf Course (288 acres at $1,385,000) and
an adjacent parcel known as Red Wing H (132 acres at $865,000). Clearly the "Red Wing II"site has been
identified for expansion of the existing golf course.
PKF Consulting, Inc., completed its "Golf Destination Study" in January 1996, which concluded that
Virginia Beach has potential to become a Destination Golf Area. They conclude that:
Much of the existing infrastructure needed to support a golf industry is
already in place. An expansion of the golf industry would significantly
expand shoulder season opportunities to attract visitation, enhance the
image of Virginia Beach, build a year-round economy and improve the
residents' quality of life.
Infrastructure - Roads and parking are in fair condition., There is no city
water or sewer service to the site. The restrooms are on a septic tank
system and wells are the potable water source. Cart paths are asphalt, laid
directly on existing grade and require significant maintenance and repair.
Last year was the biggest increase in golf participation in the last seven years. Beginners have increased
50%. The largest market segment of golf is "beginner". Arthur Hills and Associates has been hired and is
one of the top golf course architects in the country.
RECOMMENDED RENOVATION AND EXPANSION PLANS
Rebuilding and rerouting of the existing 18 hold golf course: wouM
include new greens and tees, reconstructed fairways, new
mounding/bunkering, new irrigation system, and new cart paths; would
accommodate new 6par 3 holes and new and improved practice facilities.,
Storage and maintenance facilities: to replace the existing facilities which
are old and in poor condition and also have to be moved to accommodate
the rebuilding and rerouting of the existing course.
Clubhouse Improvements: to include new locker rooms and restroom
facilities, expanded pro shop, expanded parking and meeting/special event
facilities.
New 9 hole Championship length addition: to include the development of
an additional 9 holes of golf with an approximate length of 3,500 yards.
The additional golf holes would be compatible in character and quality of
the renovated 18 holes.
Infrastructure improvements: to include new water and sewer service, and
road improvements.
New maintenance equipment to support the additional areas to be
maintained.
May 26, 1998
-4-
CITY M/INA GER 'S BRIEFING
STATUS OF RED WING GOLF COURSE
ITEM # 43571 (Continued)
Potential relocation of the Owl Creek Tennis Center is included in the
layout of the proposed improvements. Cost for relocation of the Tennis
Center is not included in the overall cost estimates. This relocation could
take place as a future phase of improvement once the land area is set aside
as part of the project.
The total estimated cost of all the improvements is $13,100,000. The
actual net amount of funds needed is approximately $12,200,000. This
estimate includes all construction, design, contingencies and equipment
costs. Of this amount, $900,O00 for design is available in the current golf
course CIP projects or available to be transferred from the Golf Course
Enterprise Fund.
Costs are within industry standards and similar projects. The costs for the
improvements are consistent with industry standards and are similar to the
Heron's Ridge and TPC Virginia Beach Golf Courses.
A key issue is to close Prosperity Road. The traffic studies indicate the road can be closed.
To address the improvements a loan and/or, financial support is needed. A ten-year financial feasibility study
was completed by PKF Consulting in April 1998. The recent PKF study looked at a range of improvements
requiring.financing in the amount of approximately $1 O-MILLION to $13-MILLION and also looked at
the feasibility of completing the improvements in 9-hole phases. Mr. Frankenfield cited key
recommendations:
Phasing improvements is a poor alternative from a revenue and
construction viewpoint., Phasing improvements delays the maximum return
on investment and is actually a deterrent to developing a positive cash
JTOW.
Investment pays for itself: The investment in renovation and expansion of
the RWGC will pay all debt services related to the initial loan and the cost
of acquisition of the Pendleton/Golf Course property based on.financing
within the range of $10 to $13-MILLION.
Reasonable Green Fees: The .financial pro-forma for improvements
indicates initial green fees, following improvements at RWGC, of
$218?resident and $4 5/visitor for 18 holes with a $9.50 cart fee. Fees at the
other municipal courses would only increase incrementally above the
current rates.
Other Municipal Golf Course Will Benefit: The positive cash flow
generated from this investment in Red Wing Golf Course and the Golf
Enterprise Fund revenues are projected to fund needed renovations to the
Bow Creek and Kempsville Greens Golf Course within 5 to 7 years
following the completion of RWGC improvements.
The Integrity of the Golf Course Enterprise fund is maintained: The
cumulative net cash flow over a ten-year period for RWGC only is
estimated to be at least $2,000,000. Without the investment at RWGC the
Golf Course Enterprise Fund is seriously at risk.
May 26, 1998
-5-
CITY MANAGER'S BRIEFING
STATUS OF RED WING GOLF COURSE
ITEM # 43571 (Continued)
Clearly, a ten-year improvement plan for Red Wing Golf Course will pay for itself. A variety of funding
alternatives have been examined:
Loan from the General Fund/Fund Balance
Charter Bonds
Revenue Bonds
TGIF Designated Revenue fund
Certificates of Participation
Municipal Golf Corporation or Recreation Authority Funding
Private Financing
Public-Private Partnerships
Privatization of the Golf Course.
If this operation is privatized, the two remaining municipal golf courses will be affected and recreational
golf at a reasonable price will be in jeopardy. Privatization of the courses is not endorsed by the City Golf
Course Committee or the Parks and Recreation Commission.
There are two critical legal considerations regarding the development of RWGC: title: (1) title to the
property and (2) possible lease agreements for any private development alternatives. Technically, the
P endleton Property has not been purchased. The City does not have title to the property. In order to renovate
and expand RWGC, it is recommended the property be acquired or "taken down" under the terms of the
agreement for sale with the Commonwealth of Virginia. Robert Matthias, Assistant to the City Manager,
advised depending on the payments accrued to date and the status of the Sandbridge Beach Replenishment,
the additional/unbudgeted cost to acquire titles to the property in July of 1999 will be $488,000.
Mr. Frankenfield advised the recommended course of action at this time is to direct staff to fully develop
financing alternatives and report back to City Council by the end of June. The following specific issues to
be addressed are listed.
Include a Council liaison(s) to work with staff to finalize the scope of
improvements and develop an acceptable financing plan.
Develop a consensus on this project through public involvement with all
affected civic associations, civic organizations and golf organizations.
Return to City Council in approximately 30 days to provide a briefing on
financing alternatives and issues.
Delay starting on detailed design at this time.
Mr. Frankenfield advised if design (approximately $900,000) is not commenced in July, construction cannot
begin the following year. Mr. FrankenfieM advised relative the land the City wouM be purchasingfrom the
State, the cost would be $5,400 an acre.
A workshop will be scheduled with the Parks and Recreation Commission and the City Golf Course
Committee providing their rationale for not recommending privatization. The options for privatization might
also be provided. A Public Hearing could be SCHEDULED, after which, a recommendation might be
developed at the following meeting.
Mayor Oberndorf advised Vice Member Sessoms and Councilman Harrison will be the Council Liaisons.
May 26, 1998
-6-
CITY MANAGER'S BRIEFING
COMPREHENSIVE PLAN: TRANSITION AREA/ARP
4:00 P.M.
ITEM # 435 72
Robert J. Scott, Director of Planning, presented information relative the effect of the Transition Area on the
Comprehensive Plan and the Agricultural Reserve Program. With the utilization of a map, Mr. Scott
displayed the area affected by the Transition Area and the Agricultural Reserve Program. It is bordered
by Princess Anne Road, Sandbridge Road, Indian River Road, West Neck Creek and Nimmo Church. This
area is comprised of 2500 acres. There were nine questions posed at the City Council Workshop Session
of May 19, 1998, one of which related to size. The size of the different parcels is displayed in various colors.
Parcels of less than five acres are shown in "white". The "dark green" illustrates parcels between 5 and
20 acres in size. The predominate size is denoted in a "light green" and comprising 20 acres of more.
Relative the possibilities of consolidation of parcels of approximately 200 to 250 acres in size, maps and
information will be provided at a future City Council Session. The cost of infrastructure will also be
provided.
There should be about 1700 acres in this area (north of Indian River Road) which could be eligible for the
ARP program. The Development Rights would be worth approximately $14,000 an acre. Relative ARP
experiences in other areas south of Indian River Road, the City has reached 20 agreements and secured the
rights to 3,523 acres with an average cost of $2679 per acre.
Mayor Oberndorf referenced an article in the New York Times Web relative this program in the State of
New Jersey which is one of the most populated states in the United States. Not only are the citizens in
Referendum voting to tax themselves to buy up the development rights on farms, but a state wide tax is being
investigated supported by the citizens to preserve not only the agriculture, but open space areas.
Mr. Scott distributed a copy of a Memorandum relative the agricultural activities which are compatible with
the Comprehensive Plan for the Transition Area. Said memorandum is hereby made apart of the record.
Traditionally produced vegetables and fruits
Organically produced vegetables and fruits
Roadside markets/and pick-your-own
Nursery
Greenhouse
Recreation farms/agri-tourist
Aquiculture
Fee fishing
Christmas trees/greenery
Limited livestock/poultry
Horses (breeding, training & riding)
Forestry
Orchards/vineyards and figs
Farmpark/Equestrian Center
Hay/forage production
Herbs
Petting farm animals
Turf farms
History farms
Small tracts are particularly suited to the agricultural activities listed above. Caps, the maximum amount
paid for ARP, have been established in other areas. Several state programs have caps. State programs in
Pennsylvania, Massachusetts and Connecticut each set the cap at $10, O00 per acre.
Information was requested relative uses allowed when developed rights are purchased i.e. an equestrian
center. Limitations are not clear in the ARP. Issues relative preservation of open space should also be
examined. A companion program might be developed with the ARP.
May 26, 1998
-7-
CITY MANAGER'S BRIEFING
COMPREHENSIVE PLAN: TRANSITION AREA/ARP
ITEM # 43572 (Continued)
Patricia Phillips, Director of Finance, advised as of June 30, 1998, there will be $6.8-MILLION in the
Agricultural Reserve Program Special Revenue Fund. This reflects a purchase of $2-MILLION treasury
strips valued at $10-MILLION. Interest wouid have been paid in the amount of $484,000. The projections
indicate that if the City continues the purchase at $3, O00per acre, there will be sufficient money in the fun&
however if all the property is acquired in the Transition Area at $14,000 per acre, the fund will not support
same, unless the acquisitions are stretched out to the year 2015, which may destroy the intent of the program.
A committee, comprised of two members of City Council, two members of the Agricultural Advisory
Commission and one representative from the Northern part of the City. Attorneys William Macali and
Mike Nuchols, will be appointed.
May 26, 1998
-8~
CITY COUNCIL CONCERNS
4:47P. M.
ITEM # 435 73
Councilman Baum referenced the newspaper article relative the case of Carolyn Lincoln v. City of Virginia
Beach. Judge Morgan granted sanctions to the City in the amount of $1, O00 to be paid by John Hart,
Counsel for Carolyn Lincoln, personally. The City won in principal; however, it cost the taxpayers over
$100, O00 for this frivolous lawsuit. This shouM have been noted in the article
ITEM # 43574
Council Lady Parker referenced the parking lot by the Soccer complex. There appears to be no activity in
providing relief for the neighbors. The City Manager will investigate and advise.
ITEM # 435 75
Council Lady Parker referenced the correspondence from the residents of Ocean Lakes re the 54" line and
their petition. There was a presentation and the residents were concerned relative the treatment plant and
an adverse impact which would diminish property values and health risk to residents. The concerns are
based on the fact there will be a raw sewerage odor vented from the pipe. The City Manager advised meeting
with Hampton Roads Sanitation District to resolve concerns. Council Lady McClanan has been involved
with this issue.
Council Lady McClanan said the residents are concerned about such a large line being so close to the back
of their properties, the trees being cut, the odor and the pipe going over the canal instead of under same.
Clarence Warnstaff, Director of Public Utilities, advised the issue concerning the venting of sanitary sewer
gas is one that is not a valid concern. There are sanitary force mains throughout Virginia Beach and the
release valves are necessary to open occasionally to vent any trapped air or gas in the pipe. During Mr.
Warnstaff's tenure he has never received a complaint from any resident in Virginia Beach regarding the
odor originating from a valve that has been exercised to release the air. Complaints are received from time
to time relative the odors coming from Sanitary Sewer pumping stations. Some of the residents have
expressed concern relative the odors generated from the Hampton Roads Treatment Plant. However, the
presence of this new force main, which will be underground, will not generate odors into the neighborhood.
Council Lady Henley referenced attending the meeting and requested information relative the location of
some of these force mains within residential neighborhoods. Mr. Warnstaff advised practically every
neighborhood in Virginia Beach has a sanitary force main. Almost every force main has at lease one valve
that is exercised to allow the gas to be released. Mr. Warnstaff advised HRSD has made contact with the
Corps of Engineers relative amending their permit for the project to allow them to go underground rather
than over the canal.
ITEM # 435 76
Councilman Jones referenced receipt of a petition from citizens of Chesapeake Beach requesting the
possibility of sidewalks along Greenwell Road, Lake Drive, Fentress Avenue to Ocean View Avenue. They
are unhappy having their children walk along these narrow streets to catch the school bus. The City
Manager will review and prepare a recommendation.
May 26, 1998
-9-
AGENDA RE VIEW SESSION
5:00 P.M.
ITEM # 435 77
Councilman Heischober referenced:
II. 1. Ordinances to AMEND the City Code of Virginia Beach:
b
Section 35-61, 35-64 and 35-67 re exemption, deferral or freeze
of Real Estate Taxes for elderly or disabled persons by
increasing income and net worth limits.
Councilman Heischober referenced page 5, Section 35-67 and requested the schedule be AMENDED for
a more equitable distribution, as follows:
Total Income, All Sources Tax
Exemption
..... - 1.,, ...... $ 00.00-15,000.00 100%
· , aaa a, ,~ aaa nn 15,000.01 17,000.00
· ~ ann a, ,', naa aa 17,000.01 - 19,000.00 60%
· -, aaa a, ',a aaa an 19 000.01 21 000.00 40%
,,a aaa a, ,,,, aaa aa 21,000.01 -23,500.00 20%
ITEM # 43578
Council Lady' Henley expressed concern relative:
H. 3 Ordinances to authorize temporary encroachments on
Branchwood Way re constructing and maintaining fill dirt and
grass over sidewalk (KEMPSVILLE BOROUGH):
a. Into a portion of the City's right-of-way by ANDYS. and
LORRAINE KO VA CH at 5412 Branchwood Way.
b. Into a portion of the City's right-of-way by ROBERT H. and
SARAH E. KUCZYNSKI at 5416 Branchwood Way.
There will be opposition during the Formal Session and this item will be discussed.
ITEM # 43579
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
ORDINANCES
HI Ordinances to AMEND the City Code of Virginia Beach:
a Section 28-4 re procedure used to determine Sanitary Sewer
Connection Fees. (Deferred 5/12/98)
b*. Section 35-61, 35-64 and 35-67 re exemption, deferral or freeze
of Real Estate Taxes for elderly or disabled persons by
increasing income and net worth limits.
May 26, 1998
- 10-
AGENDA RE VIEW SESSION
ITEM # 43579 (Continued)
H2
Ordinance to authorize the City Manager enter into a City-State
Agreement with the Virginia Department of Transportation
O/DOT) re construction of Salem Road (CIP #2-930), a six-lane
divided highway with bikeway and scenic buffer from Ferrell
Parkway to Lynnhaven Parkway and a four-lane divided arterial
highway and bikeway from Lynnhaven Parkway to Independence
Boulevard, a distance of approximately 7,280feet (1.18 miles)
(KEMPSVILLE BOROUGH).
H4
CERTIFICATES OF PUBLIC
NECESSITY:
Beach Taxi, Inc.
Yellow Cab of Virginia Beach, Inc.
14Zeddle Antique Limousine Service, Inc.
H5 REFUNDS:
a. License - $49,521.21
b. Tax - $ 6,859.55
CONVENIENCE AND
Item H.l.b shall be ADOPTED, AS AMENDED, B Y CONSENT.
May 26, 1998
-11-
AGENDA RE VIEW SESSION
ITEM # 43580
Council Lady McClanan expressed concerns:
1.1.
Application of THE SOUTHLAND CORPORATION for a
Modification to the Green Run Land Use Plan to allow gasoline
sales in conjunction with a convenience store and a car wash at
the Northeast corner of South Independence Boulevard and
Lynnhaven Parkway, containing 2.414 acres (PRINCESS ANNE
BOROUGH).
ITEM # 43581
Councilman Harrison referenced correspondence requesting WITHDRAWAL. This
WITHDRAWN, B Y CONSENT.
item
shah
be
1.2
Petition of MARK R. LICHTENSTEIN for the discontinuance.
closure and abandonment of a portion of Sydnor Street
beginning at the Southern boundary of 55th Street and running in
a Southerly direction a distance of 105. lO feet along the Eastern
boundary of Sydnor Street and containing 4,102 square feet
(L YNNHA VEN BOROUGH).
ITEM # 43582
Council Lady Parker referenced concerns of Mr. McClesky relative access. This item will be discussed
during the Formal Session:
1.3.
Application of BA YVILLE FARMS ASSOCIATES, L.C., for
the discontinuance, closure and abandonment of a portion of
First Court Road beginning at the Southern boundary of Shore
Drive and running in a Southwesterly direction a distance of
1165. 0 7feet, containing 1.42 acres (BA YSIDE BORO UGH).
ITEM # 43583
B Y CONSENSUS, the following items shah compose the PLANNING BY CONSENTAGENDA.
1.2.
Petition of MARK R. LICHTENSTEIN for the discontinuance,
closure and abandonment of a portion of Sydnor Street
beginning at the Southern boundary of 55th Street and running in
a Southerly direction a distance of 105. lO feet along the Eastern
boundary of Sydnor Street and containing 4,102 square feet
(L YNNHA VEN BOROUGH).
1.4.
Application of DOUGLAS W. and ALVIN R. YOUNG for a
Conditional Use Permit for an automotive repair establishment
on the South side of Witchduck Court, West of Witchduck Road
(512 7 Witchduck Court, Unit #101), containing 1728 square feet
(BA YSIDE BOROUGH).
Item L2 will be WITHDRAWN BY CONSENT.
May 26, 1998
- 12-
ITEM # 43584
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, May 26, 1998, at 5.'08
P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Absent:
None
May 26, 1998
- 13-
ITEM # 43585
Mayor Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION,
pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose:
PERSONNEL MA TTERS: 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
2.1-344 (A) (1).
To Wit:
Appointments: Boards and Commissions
Arts and Humanities Commission
Sports Authority of Hampton Roads
Performance Evaluation: City Council Appointees
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of the
disposition of publicly-heM property, or of plans for the future of an
institution which couM affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A)(3).
To- Wit: 31st Street
Rudee Loop Property
Acquisition of Right-of-Way-Southeastern Parkway and
Greenbelt
Condition of Park Property - Kempsville Borough
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 26, 1998
- 14-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
May 26, 1998
6:00 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 26, 1998, at 6.'00 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Absent:
None
INVOCATION:
Reverend J. "Scottie " Griff~n, D.D.
First Presbyterian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATlg.,V OF AMERICA
Vice Mayor Sessoms, being a Corporate Officer of Wachovia 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 Wachovia Bank. The Vice Mayor regularly makes this Disclosure as he may or may not know
of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of
January 1, 1998, is hereby made apart of the record.
May 26, 1998
Bem ~E.
- 15-
CER TIFICA TION OF
EXECUTIVE SESSION
ITEM # 43586
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, 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;
AND,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 26, 1998
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to thc affirmative vote recorded in ITEM # 43585, Page 13, and in accordance with thc
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Executive Session
to which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Executive Session were heard, discussed or considered by
Virginia Beach City Council.
RuII~ Hodges S~th, CMC/AAE
City Clerk
May26,1998
-16-
Item V-F. 1.
MINUTES
ITEM # 4358 7
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of May 12, 1998.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 26, 1998
Item V-G.
ADOPT AGENDA
FOR FORMAL SESSION
-17-
ITEM # 45~88
B Y CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
May 26, 1998
Item V-H.
- 18-
ORDINANCES
ITEM it 43589
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council APPROVED IN
ONE MOTION Ordinances Ia, lb (AS AMENDED), 2, 4 and 5 of the CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara 3/1. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndor)5, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 26, 1998
- 19-
Item V-H. 1.a.
ORDINANCES
ITEM # 43590
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance to AMEND the City Code of Virginia Beach:
Section 28-4 re procedure used to determine Sanitary Sewer
Connection Fees. (Deferred 5/12/98)
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa 3/1. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 26, 1998
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AN ORDINANCE TO AMEND THE CITY CODE
PERTAINING TO
CONNECTION FEES
SECTION AMENDED:
SANITARY SEWER
SECTION 28-4
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 28-4 of the City Code is hereby amended and
reordained to read as follows:
............. ~ ..... Sanitary sewer connection fees
Sec. 28-4.
'~-- ~---~ generally
(a) The fees prescribed by the following subsections of this
section shall be paid
...... structurc
property owner's share of the cost of the sanitary sewer collection
system and associated conveyance facilities. Such fees shall be
known as "sanitary sewer connection fees." The fees shall be
determined on the basis of the drainage fixture unit schedule as
provided in the Uniform Statewide Building Code, as amended from
time to time. Such fees shall also be applicable to a use or
structure presently connected to the sanitary sewer system whenever
such use of structure is expanded, changed or modified so as to
result in an increase in drainage fixture units, and to a use or
structure not presently connected to the sanitary sewer system when
such use or structure connects. If a property owner has previously
paid sanitary sewer impact fees but has not obtained a building
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permit, the property owner shall be charged the full amount of
applicable sanitary sewer connection fees, less a credit of any
sanitary sewer impact fees previously paid.
Where connection is made to the public sewer system, connection
fees shall be am fcllcws:
a.
bo
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(4) Nursing --'~ ...... ' ...... "' ........... (~-n-"' ated at
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fifty-six dollars ($56 00) per
116 drainage fixture unit, as defined in the current edition of the
117 Uniform Statewide Building Code or, where gravity sewer service is
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not available to the property, twenty-eight dollars ($28.00) per
drainage fixture unit.
(bi) Notwithstanding the provisions of subsection (b) hereof,
where a use or structure connected to the sanitary sewer system is
expanded or modified so as to result in an increase in drainage
fixture units, and such addition or modification does not require
site plan approval, connection fees shall be thirteen dollars
($13.00) per drainage fixture unit added.
'~:kcrc Where the property owner must construct a sewer or sewers,
which are to become a part of the public sewer system, to provide
service to a specific parcel or parcels, as shall be shown on the
approved construction plans, connection fees shall be as
( ) t
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thirteen dollars ($13.00) per drainage
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fixture unit.
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(d) Whenever system installation costs are calculated
170 pursuant to subsection (c) of this section, and the property to be
171 served discharges through a pump station owned by the city, then,
172 in addition to the fees prescribed in subsection (c) above, there
173 shall also be charged a fee in the sum of three hundred twenty-five
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dollars ($325.00) per gallon per minute/peak flow. "Peak flow"
shall be construed to mean the prevailing peak flow standards set
forth by the state health department or the actual peak flow,
whichever is greater.
~ ..... Special sewer ..... connection fee~ for
seasonally operated~,,~ ..... ~,~'-~ campgrounds_ connected to any
main or interceptor is are hereby established. Such fee~ shall be
^~ ~"~-A~ ocvcnty ~-- '~ ~ ............ determined
followsi
(1) For campgrounds operated on a seasonal basis, each
campsite or recreational vehicle pad shall be
deemed tO contain one-half of the number of
drainage fixture units contained in a residential
bathroom, as established by the current edition of
the Uniform Statewide Building Code. For each such
drainage fixture unit, the fee shall be fifty-six
dollars (S56.00).
(2) For campgrounds operated on a year-round basis,
each campsite or recreational vehicle pad shall be
deemed to contain the number of drainage fixture
units contained in a residential bathroom, as
established by the current edition of the Uniform
Statewide Building Code. For each such drainage
fixture unit, the fee shall be fifty-six dollars
(S56.00).
For thio these fee~ to be applicable, the owner must enter
into a contract with the city providing that, at such future times
as the campground -~-~-
m .... is converted to year-round use, the fees
specified in subsections (b) (5) and (c)~-~F of this section shall be
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applicable and that the owner shall pay the difference in such fees
at the time of conversion to year-round use.
minimum ........................
~ (f) No building permit shall be valid and no water or
sewer tap shall be installed for any property until the fees
provided for in this section have been paid, except as otherwise
provided in this article.
,,,, (g) In the case of existing contract agreements between
owners and the city regarding fees and waiver of fees, such
agreements shall remain in effect.
BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That this ordinance shall be effective as of July 1, 1998.
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Adopted by the City Council of the City of Virginia Beach on
this 26th day of May, 1998.
CA-5865
WMM/ORDRES/28-4.COM
R-9
May 20, 1998
APPROVED AS TO CONTENTS:
Department t il it ies
APPROVED AS TO LEGAL
SUFFICIENCY:
Law Department
8
Policy Report
SAN/TARY SEWER CONNECTION FEES
A P-oposal for Basing Fee Determination
On Drainage Fixture Units
BA CKGRO UND
The purpose of this policy report is to recommend a change in the method of determining
the dollar amount of sanitary sewer connection fees.
Properties connecting to the public sanitary sewer system are assessed connection fees; the
fee represents a portion of the cost of sanitary sewer lines and pumping facilities necessary
to provide service to a property. It is recommended that the City Code be amended to allow
for calculation of sanitary sewer connection fees based on drainage fixture units (DFUs). ~
This change is recommended as an improvement in customer service.
Current City Code
At this time, City Code Section 28-4 "Sewers and Sewage Disposal" stipulates that sanitary
sewer connection fees for different types of structures connecting to the public sewer system
be determined by several different methods. These methods include:
· connection fees for single family residences based on front footage, with special
calculations required for irregular shaped lots
· connection fees for hoteTs and motels calculated on a per-unit basis, with
additional fees based on square footage for office areas, conference rooms, and other non-
room areas of the hotel or motel
· connection fees for nursing and convalescent homes calculated on a per-room
basis (two beds per room), with additional fees based on square footage for office areas and
other non-room areas
Water connection fees have been based on DFUs since January 1986.
!
· connection fees for office buildings, retail stores, restaurants, industrial,
manufacturing, warehouse and distribution facilities calculated on a square foot basis, with
differing fees per square foot
There are several drawbacks to the current methods of calculating sanitary sewer connection
fees:
The current residential fee calculation method is based on the front footage of
the property along the property line adjacent to the City's right-of-way. While
this appears to be a simple method for calculating sanitary sewer fees, in
practice it is often far from simple. There are special calculations for lots that
have irregular shapes. There are special calculations for corner lots that have
sanitary sewer service available on one or both sides. There are special
calculations for residences located on large properties zoned for agricultural use.
Current connection fee determinations are often not fully understood by
customers.
Drainage Fixture Units: Current measure of water use
Drainage fixture units are currently used to determine water connection fees. Until the mid-
1980s, the City's water system connection fees were calculated on a basis similar to the
current sanitary sewer fees. On January 6, 1986, City Council adopted an ordinance
establishing a Water Resource Recovery Fee (WRRF) to be charged to all new connections to
the water system from either new construction or existing structures served by well water.
Revenues produced by the fee are restricted to capital improvement (or associated debt
service) for water resources development and distribution of water.
The WRRF represents the property owner's share of a portion of the cost of water resource
development and associated distribution facilities. The fee is collected prior to application for
a building permit for new construction; when public water service becomes available to
existing structures (served by wells), the fee must be paid prior to connection to the public
system and within 12 months? The connection fee is determined on the basis of the drainage
fixture unit schedule provided in the Uniform Statewide Building Code. The Water Resource
Recovery Fee is currently $66 per drainage fixture unit.
Based on nine years of data, each new single family residential dwelling unit averages 23.46
drainage fixture units. Thus, the Water Resource Recovery Fee for residential properties
connecting to the City's water system is averaging $1,548.36 per dwelling unit.
Our experience with assessing Water Resource Recovery Fees on drainage fixture units has
2 Mandatory connection to the pubic water system was suspended by the Water
Emergency Ordinance in February, 1992.
2
been good. Customers tell us they can better plan for the cost of connecting to the City's
water system, and City staff has found that calculating DFUs is a more defensible and
explainable fee calculation methodology.
CONSIDERATIONS
Public Acceptance
A drainage fixture unit is a measure of the probable discharge into the sanitary sewer system
by various types of plumbing fixtures.3 As such, DFUs can be used to determine relative levels
of usage of a sewer system, and then become a logical basis for allocating the costs of
providing such a system among various individual property users. The Uniform Statewide
Building Code contains a list of plumbing fixtures with drainage fixture values for each type.
The USBC is available for public reference in .all Virginia Beach Public Libraries. Based on our
experience in assessing the water connection fees based on DFUs, there is general public
acceptance of the DFU concept as a measure of both water use and drainage into the public
sanitary sewer system.
Impact on Other Agencies
The Virginia Beach Department of Planning, Permits and Inspections Division is currently
providing DFU inspection and accounting services for all new connections to the City's water
system. Discussions have been held with representatives from Permits and Inspections
regarding additional workload that may result from using DFUs as the basis for sanitary sewer
fees as well. Ail individuals concerned maintain that the additional workload would be
insignificant with no measurable impact.
Impact on Revenues
The DFU rates recommended below have been developed with the objective of producing
approximately the same amount of total revenue to the City as the current front footage/area
rates. The recommended conversion to a DFU-based rate is neither designed nor intended to
generate additional total revenues, but instead is only intended to improve and simplify the fee
process for utility customers and City staff. Furthermore, the City's rate consultant, Alvord,
Burdick & Howson, L.L.C., has advised that revenue derived from the proposed fees based on
DFUs is in line with cost-of-service.
3 The drainage fixture unit value for a particular plumbing fixture depends on its volume
rate of drainage discharge and the time duration of a single drainage operation, and on the average
time between successive operations. The Uniform Statewide Buildinq Code
Impact on Fees to Customers4
The recommended rate for customers connecting to City-funded lines is $56 per DFU. The
recommended rate for customers connecting to developer-funded lines is $13 per DFU.
These rates are based on a two-year study of total average fees collected per DFU for
connection to the City installed sewer lines and to the developer installed sewer lines,
respectively.
A customer who connects an average size residential house (23.46 DFUs) to the City sanitary
sewer system will pay $1,313.76 in sanitary sewer connection fees under the DFU
methodology and recommended rate. This connection fee is determined by multiplying the
number of DFUs in the house (the average is 23.46) by the City-funded rate per DFU ($56).
This compares favorably with the current sanitary sewer fee structure, where a customer
would pay $1,320 for the first 100 feet of frontage, and $13.20 per foot for each foot in
excess of 100 feet.
If, in this example, the customer has a house with 23.46 DFUs located on a lot with 100 feet
of frontage, the customer would pay $6.24 less in sanitary sewer connection fees under the
DFU basis than under the front footage basis.
As another example, a customer who connects an average-size residential house (23.46 DFUs)
to a developer-funded sanitary sewer system will pay ¢304.98 in sanitary sewer connection
fees under the DFU methodology and recommended rate. This connection fee is determined
by multiplying the number of DFUs in the house (the average is 23.46) by the developer-
funded rate per DFU ($13). This comparison shows a $49.98 increase when compared with
the current sanitary sewer fee structure, where a customer would pay a flat fee of ¢255 for
a developer-funded line.
These comparisons of the current and proposed rate structures illustrate that in some
instances the customer will pay less with the proposed rates, and will pay more in other cases.
The new fees were developed to be revenue-neutral.
As a rule of thumb, under the DFU methodology:
· A customer who builds a typical size house (23.46 DFUs) on a typical size lot
(100' of front footage) is not expected to experience an increase in costs when compared with
the front-footage methodology.
4Sanitary sewer pump station fees shall be retained at the current charge and applied on an
individual basis where necessary. This decision was made after careful review of two years of data
that showed the number of instances where pump station fees were applied was not significant
enough to justify spreading the fee among all customers. It was deemed more appropriate to
continue to charge the fee only to new development using existing pump station capacity.
4
· A customer who builds a very large house (more than 23.46 DFUs) on a small
or typical size lot (100' or less of front footage) will pay more in sewer connection fees under
the DFU methodology than under the front-footage methodology.
· A customer who builds a small or typical size house (23.46 DFUs or less) on a
large lot (more than 100' of front footage) will pay less in sewer connection fees under the
DFU methodology than under the front-footage methodology.
The following illustrations reflect the described data:
Table I (~.6)
Comparison of "actual" connection fee revenues versus recommended "DFU" connection fee
revenues for connections to City-funded sewer lines. Data obtained from a two-year study
period.
Table 2 (_~, $)
Comparison of "actual" connection fee revenues versus recommended "DFU" connection fee
revenues for connections to developer-funded sewer lines. Data obtained from a two-year
study period.
Table 3 fp. 7)
Comparison of current connection fees versus proposed DFU-based connection fees for
representative customer classes.
Charts 1.2.3.4.5.6
Breakdowns of the numbers of sewer connections as well as actual and projected revenues
from sewer connections, by property types.
Charts 5, 6 and 7 (p.
Comparison of average present versus average recommended sewer connection fees for
individual property types.
5
ANALYSIS OF SEWER CONNECTION FEE REVENUES
Table I
CONNECTIONS TO CITY SEWER LINES
Total Number of Actual Recommended Percentage
Type of Property Connections* Total DFU* Revenue* DFU Fee Revenue Difference
1. Single Family
Residence and
Duplex 357 8,374 $520,282.88 $468,944.00 10% decrease
2. Multi-Family
Residence 48 8,591.5 $378,150.25 $481,124.00 27% increase
3. Commercial 84 5,410 $344,653.09 $302,960.00 12% decrease
Total 489 22,375.5 $1,243,086.22 $1,253,028.00 0.80% increase
*Data obtained from a two-year study period.
Table 2
CONNECTIONS TO DEVELOPER SEWER LINES
Total Number of Actual Recommended Percentage
Type of Property Connections* Total DFU* Revenue* DFU Fee Revenue Difference
1. Single Family
Residence and
Duplex 2,676 63,361.6 683,304.92 823,700.8 21% increase
2. Multi-Family
Residence 46 12,811 238,581.54 166,543 30% decrease
3. Commercial 61 7,485 168,073.49 97,305 42% decrease
Total 2,783 83,657.6 1,089,959.95 1,087,548.8 0.22% decrease
*Data obtained from a two-year study period.
Table 3
Comparison of current versus proposed DFU connection fees for representative customer classes
RESIDENTIAL
Small House - 100' frontage
- 1 ? DFU
Average House - 100' frontage
- 23. 46 DFU
Large House (A) - 100' frontage
- 32 DFU
Large House (B) - 175' frontage
- 32 DFU
Current Proposed
rate structure DFU-based rate
(City-funded (City-funded
lines) lines)
1,320.00 $ 952.00
1,320.00 ¢ 1,313.76
~t 1,320. O0 $ 1, 792. O0
2,310.00 $ 1,792.00
Current Proposed
rate structure DFU-based rate
(Developer-funded (Developer-funded
lines) lines)
255. O0 ¢ 221. O0
255.00 ¢ 304.98
255.00 $ 416.00
255.00 $ 416.00
COMMERCIAL
The Pavilion Office Center - 69, 700 square feet
- 533 DFU
Courthouse McDonald's - 150' frontage
- 38 DFU
Brewer's East Inn - 7,420 square feet
- 94 DFU
$34108.45 ¢2~848.00 ¢1~102.10 $ ~929.00
¢ 1,980. O0 ¢ 2, 128. O0
1,335.60 $ ~264.00
255.00 $ 494.00
371.00 ¢ 1,222.00
HO TEL
Holiday Inn - Surfs/de Hotel - 139 units
- 946 DFU
13,980.00 ~52,976.00 ft22,935.00 ¢12,298.00
Sewer Connections and Sewer Fees
By Property Type
(During Two-Year Study Period)
Chart 1- Connections to City Sewer
By Property Type
COMM
Chart 2- Connections to Dev. Sewer
By Property Type
COMM
MFR (1.65%).
MFR
SFR (73.00%)
Chart 3- City Sewer Fees Collected
By Property Type
:R (96.16%)
Chart 4- Dev. Sewer Fees Collected
By Property Type
COMM
COMM
(41.85%)
MFR,
Chart 5- Projected City Sewer Fees
By Property Type
(37.43%)
COMM
MFR (21
(62.69%)
Chart 6- Projected Dev. Sewer Fees
By Property Type
COMM (8.95%).
MFR (38.39%
-SFR (75.74%)
COMM- Commercial
MFR- Multi-Family Residence
SFR- Single Family Residence
$4,500
$3,500
$2,500
$1,500
$5O0
Average Present Sewer Connection Fees versus
Average Recommended Sewer Connection Fees*
Commercial Property Sewer Fees
Present Average & Recommended Average
$4.103
$2.755
H.595
CJlarl5
With the recommended fee structure, both
developer and city average sewer connection
fees for commercial properties would be
reduced 42% and 12%, respectively.
Commercial properties represent 2% of total
developer and 17% of total city existing
sewer connections.
Developer City
I Present Average Fee · Recommended Average Fee
Multi-Family Residence Sewer Fees
Present Average & Recommended Average
$10,500
$9,00O
$7,5OO
$6,00O
$5,186
$4,500
$3,00O
Developer City
I Present Average Fee · Recommended Average Fee
With the recommended fee structure, a 30%
decrease in average developer connection fees
for Multi-Family Residences (MFRs) would
occur. There would be a 27% increase in the
average city connection fee for MFRs.
MFRs represent 1% of both developer and city
existing sewer connections.
Single Family Residence Sewer Fees
Present Average & Recommended Average
$1,600
$1,300
$1,458
$700
$400 $3o8
$100
Developer City
Prasent Average Fee · Recommended Average Fee
Char_t_~
With the recommended fee structure, there
would be a 21% increase in average developer
connection fees for Single Family Residences
(SFRs). Average city connection fees would
decrease by 10% for SFRs.
SFRs represent 96% of existing developer
connections and 73% of existing city sewer
connections.
*Average present fees are based on data compiled
during a two-year study period.
PUBLIC INFORMATION
Public hearings and briefings are a consideration for communicating the fee structure
change to the public. A public hearing is required because some customers will
experience an increase in fees.
AL TERNA TIVE COURSES OF ACTION
There are different methods for determining and assessing sanitary sewer fees utilized by
localities across the country. The two most common methods for determining fees are front
footage and land area, such as square footage or acreage. We employ both of these methods
now; but as earlier discussed, they are not always relative to the cost of providing sanitary
sewer services to a given property (e.g., a small house on a large lot or a large house on a
small lot).
We have also studied the possible use of water meter size as a means of determining sanitary
sewer connection fees. Nationally, several Iocafities of similar size to Virginia Beach use water
meter or tap size to determine sewer connection fees. However, because sizing of water
meters is already a frequently disputed matter, we have concluded that to add another element
of contention to meter size would not be advisable.
RECOMMENDATION
It is recommended that City Council adopt the attached ordinance to amend and re-ordain
Section 28-4 of the Virginia Beach City Code, initiating a new methodology based on drainage
fixture units for determining the dollar amount of sanitary sewer connection fees. It is further
recommended that the fees be established as follows:
· ¢56 per DFU for connection to the public sanitary sewer system
$13 per DFU for customers who must construct and fund sanitary sewer lines
which are to become a part of the public sewer system in order to provide
service to a specific parcel or parcels
lO
REVIEW AND APPROVAL
City Manager
Public Utilities
Planning
Finance
Budget
Department Director/
Date: ~i
Department Director
Date: ~. Z ~ ~ ~'~
Department Director
Date: L~.'~'~ _~ ~
Department ~irect~r
]!
FORM NO. P.S. 18
City of Virginia Flcach
INTER-OFFICE CORRESPONDENCE
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
May 20, 1998
James K. Spore, City Manager
Clarence Warnstaff, Public Utilities
Sanitary Sewer Connection Fees
The purpose of this memo is to respond to the citizen concern which was expressed at
the public hearing on May 12, 1998, regarding the referenced subject. This memo will
also respond to another concern which has been expressed by the Tidewater Builders
Association (TBA).
BACKGROUND
A briefing was provided to City Council on April 7, 1998, and a recommendation was
made to adopt a new method of determining sanitary sewer connection fees. Under the
current City Code provisions, sanitary sewer connection fees are determined using
several different methods. These methods vary depending upon the structure
connecting to the sanitary sewer system. For example, residential fees are based on lot
front footage. Hotels and motel fees are calculated on a per-unit basis. Connection fees
for office buildings, retail stores, restaurants, and other businesses are based on
square footage. Adoption of the proposed fee structure would eliminate the use of
varying methods of determining sanitary sewer connection fees. Fees would be based
on the number of drainage fixture units (DFUs) present at the property. Because a DFU
is a measure of the probable discharge into the sanitary sewer system, it is also a
determination of the relative levels of sewer system usage. Therefore, DFUs are a
logical basis for allocating the costs of providing sanitary sewer service among various
individual property owners.
James K. Spore
-2- May 20, 1998
The proposed fee structure will more closely align with the rate structure already in
place for determining water connection fees. Established in January 1986 with the
implementation of the Water Resource Recovery Fee (WRRF), connection fees to the
City water system are determined on the basis of $66 per DFU. Experience with
assessing water connection fees based on DFUs has been positive. Customers can
better plan the costs of connecting to the City's water system and City staff has found
that calculating DFUs is a more defensible and explainable fee calculation
methodology.
The recommended conversion to a DFU-based rate is neither designed nor intended to
generate additional revenues, but instead is only intended to improve and simplify the
fee process for utility customers and City staff. While it is recognized that customers will
pay less in some instances and more in others, the new fees have been developed to
be revenue-neutral.
City staff met with members of the Tidewater Builders' Associatiog (TBA) on
December 3, 1997, and at that time, TBA offered their support of the proposed change.
Aisc, at Council's request, staff has met with the Board of Realtors and the Hotel/Motel
Association to explain the new proposal, and both of these organizations do not object
to the proposed fee structure.
Since the late April time frame, Public Utilities staff has taken a pro-active approach to
notify customers of the proposed change for collecting sanitary sewer connection fees.
When customers visit Public Utilities to pay fees, or when they inquire about fees, they
are informed of the proposed change, and the recommended effective date of July 1,
1998. Customers are given the option of paying now based upon the current fee
structure, or waiting until July 1 to pay based upon the DFU rate. Since April 7, 1998,
approximately 79 properties have paid city sanitary sewer connection fees (50 of which
were from the Sandbridge area).
MAY '12 PUBLIC HEARING
Mr. Phipps (a resident of Sandbridge) spoke at the May 12 public hearing, and asked
that he be given an opportunity to pay his sewer connection fees using the
recommended fee structure. The Sandbridge sanitary sewer system was released for
connection on April 20, and Mr. Phipps paid his fees on April 30, 1998. A letter to
Sandbridge citizens was sent on May 8 advising residents that the sanitary sewer
system was released for connection and explaining the process for paying fees. On
May 11, Mr. Phipps contacted Public Utilities and requested a refund on the basis that
his fee would be approximately $480 less with the proposed DFU rate structure. Since
Mr. Phipps has already connected to the system, and the new DFU fee structure is not
yet approved and effective, the City staff has not provided a refund to Mr. Phipps.
James K. Spore -3- May 20, 1998
RECOMMENDATION
Since the public hearing on May 12, new sanitary sewer customers have been advised
of the recommended change and have been given the option of paying connection
charges now based upon the current fee structure, or wait until July 1 to pay based
upon DFUs (if adopted). Some citizens have opted to wait and others have paid.
Likewise, some citizens would benefit by paying now (those with 100' or less frontage
and large homes), and others would benefit by waiting for the new DFU policy (those
with large front footages and small to moderate sized homes).
The staff recommendation for addressing this issue is to allow any customer who
has paid sanitary sewer connection fees since the briefing to Council on April 7,
and the public hearing on May 12, to seek a reimbursement after July 1,1998, if
the new fee reduces their costs. We do not recommend any adjustments for fees
paid after May 12 because staff has made a conceded effort since that time, to notify
new customers of the alternatives, and each customer has been given an opportunity to
pay now or wait until after July 1. After approval of the new ordinance, each customer
who paid fees between April 7 and May 12 will be notified of the change, and given 90
days to request a reimbursement. It is our understanding that an ordinance modification
is not required for this procedure, and it is our intention to implement it administratively.
TBA Issue
A concern has been raised by TBA regarding the new sanitary sewer fee proposal. The
basis for the concern is that contractors who remodel single-family homes do not pay
additional sanitary sewer connection fees under the existing fee structure. Currently, if
additional DFUs are added to an existing home, i.e., a new bathroom, the owner would
pay additional connection fees for water but not for sanitary sewer. The front footage
sanitary sewer fees are only assessed once, at the time of original connection. The
proposed change will require remodeling contractors to pay for additional connection
fees added at the rate of $56 per DFU if the home is in a CIP neighborhood, and $13
per DFU if the home is located in a neighborhood where the sanitary sewer system was
installed by a developer. This concern can perhaps best be expressed by an example.
If a contractor has a remodeling job for adding a bathroom to an existing home
estimated at $4,000, the water and sanitary sewer fees would be six (6) DFUs times
$66/DFU for water, and six (6) DFUs times $56/DFU for sanitary sewer, or $732 total.
The utility fees would be approximately 18% of the total remodeling contract. In addition
to the concern with the additional connection fees, the determination of which rate ($13
or $56 per DFU) will further complicate the estimating of remodeling costs.
James K. Spore -4- May 20, 1998
The concept of charging fees based upon DFUs is that every DFU in a structure adds a
potential demand on the public system. Many older homes are built with one bathroom.
Frequently, these older homes are remodeled to add additional bedrooms and
bathrooms. Since the additional DFUs increase the potential demand on the public
system, it is correct to assess the fee based upon that added potential demand.
RECOMMENDATION
Although currently there is no additional sanitary sewer connection fee for single-family
homes that are remodeled, it seems appropriate that there should be. Any additional
DFUs added to a structure increases the potential demand upon the public system.
Adding a new bathroom or sink to an existing home does not necessarily mean that
water consumption will increase if no additional people are living in the home. On the
other hand, in many cases older homes are modified to accommodate additional
occupants. DFUs are a measure of the potential demand, and the public system must
be designed and constructed to accommodate the maximum potential demand.
The staff recommendation is to apply the proposed DFU sanitary sewer connection fee
to all DFUs connected to the public system after July 1, 1998, for both new and
remodeled structures. However, to mitigate the financial impact on our customers,
we are revising our recommended rate per DFU for all remodeling and
renovations to $13 per DFU, regardless of whether the property is connected to
city- or developer-funded lines. (This does not include multi-family, commercial, etc.,
expansions or additions that by ordinance must be approved via the site plan review
process.)
I will be available to respond to any questions regarding this issue next Tuesday at the
City Council meeting.
/cji
Attachments
Item V-H. 1.b.
- 20-
ORDINANCES
ITEM Il 43591
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED, AS
AMENDED *:
Ordinance to AMEND the City Code of Virginia Beach:
Section 35-61, 35-64 and 35-67 re exemption, deferral or freeze of Real
Estate Taxes for elderly or disabled persons by increasing income and net
worth limits.
* Page 5, Section 35-67:
Total Income, All Sources
$ 00.00 - 15,000.00
15,000.01 - 17,000.00
17,000.01 - 19,000.00
19, 000. O1 - 21,000. O0
21,000. O1 - 23,500. O0
Tax
Exemption
100%
80%
60%
40%
20%
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 26, 1998
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AN ORDINANCE TO AMEND THE CITY CODE
PERTAINING TO THE EXEMPTION,
DEFERRAL, OR FREEZE OF REAL ESTATE
TAXES FOR ELDERLY OR DISABLED
PERSONS BY INCREASING INCOME ANDNET
WORTH LIMITS
SECTIONS AMENDED:
§§ 35-61, 35-64,
35-67
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 35-61, 35-64, and 35-67 of the City Code are
hereby amended and reordained to read as follows:
Sec. 35-61. Definitions.
(a) For purposes of this division, the term "permanently and
totally disabled" means unable to engage in any substantial gainful
activity by reason of any medically determinable physical or mental
impairment or deformity which can be expected to result in death or
can be expected to last for the duration of such person's life.
(b) As used in this division, reference to the "city manager"
shall include the city manager's authorized representative, as well
as the city manager.
(c) As used in this division, "tax freeze" refers to the
total exemption of that portion of the real estate tax which
represents the increase in such tax since the taxpayer initially
applied and qualified for exemption under this division, so that
the taxpayer's real estate tax will be frozen at the amount
assessed in the fiscal year in which the taxpayer initially applied
and qualified. If, for any year following the initial
qualification of a taxpayer for a tax freeze such taxpayer becomes
disqualified, any subsequent application for exemption by such
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taxpayer shall be treated as an initial application for purposes of
determining the tax freeze.
(d) As used in this division, the term "tax deferral" shall
mean a total deferral of real estate taxes assessed on real
property inhabited by a taxpayer qualified under the terms of this
division. The amount of such taxes so deferred shall become due and
payable at a later date in accordance with the provisions of
section 35-67.1 of this division.
(e) As used in this division, the term "tax exemption" shall
mean the exemption of that portion of the real estate tax owed by
a qualified taxpayer as determined by section 35-67 of this
division.
Sec. 35-64. General prerequisites to grant; effect of residency
in hospital, nursing home, etc.
(a) Either the exemption, deferral or freeze, but not more
than one, as provided for in this division shall be granted to
persons subject to the following provisions:
(1) The title to the property for which exemption, deferral
or freeze is claimed is held, or partially held, on June
thirtieth immediately preceding the taxable year, by the
person or persons claiming exemption, deferral or freeze
and is occupied as the sole dwelling of such person or
persons.
(2) The head of the household occupying the dwelling and
owning title or partial title thereto or either spouse in
a dwelling jointly held by a husband and wife is either
permanently and totally disabled or is sixty-five (65)
years of age or older on June thirtieth of the year
immediately preceding the taxable year; provided,
however, that a dwelling jointly held by a husband and
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wife may qualify if either spouse is over sixty-five (65)
years of age on such date.
(3) For the tax exemption or deferral programs, ~he total
combined income received from all sources during the
preceding calendar year by: (i) the owner or owners of
the dwelling who use it as their principal residence and
....... ' relatives who live in
(ii) the owner's or owners'
the dwelling, shall not exceed twcnty t%vc twenty-three
thousand five hundred dollars ($22,000.00 $23,500.00);
provided that the first five thousand dollars ($5,000.00)
of income of each relative, other than a spouse of the
owner, or c%~ncrs, who is living in the dwelling~ shall
not be included in such total; and provided further that
the first seven thousand five hundred dollars ($7,500.00)
or any portion thereof of income received by a
permanently and totally disabled owner shall not be
included in such total.
(4) For the tax freeze program, the total combined income
received from all sources during the preceding calendar
year by: (i) the owner or owners of the dwelling who use
it as their principal residence and (ii) the owner's or
owners' relatives who live in the dwelling, shall not
exceed thirty thousand dollars ($30,000.00); provided
that the first five thousand dollars ($5,000.00) of
income of each relative, other than a Spouse of the
owner, who is living in the dwelling, shall not be
included in such total; and provided that the first seven
thousand five hundred dollars ($7,500.00) or any portion
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thereof of income received by a permanently and totally
disabled owner shall not be included in such total.
(5) For the tax exemption or deferral programs, ~he net
combined financial worth, including equitable interests,
as of December thirty-first of the year immediately
preceding the taxable year, of the owners, and of the
spouse of any owner, excluding the value of the dwelling
and the land7 lnot exceeding one acre~7 upon which it is
situated, docs shall not exceed scvcnty eighty thousand
dollars (mw~ 0~ 00 $80,000 00)
(6).. For ~he tax freeze program, the net combined financial
worth, includinq equitable interests, as of December
thirty-first of the year immediately preceding the
taxable year, of the owners, and of the spouse of any
owner, excluding the value of the dwelling and the land
(not exceeding one acre) upon which it is situated, shall
not exceed one hundred thousand dollars ($100,000.00).
~c~ (7) The dwelling is occupied.
(b) Notwithstanding subdivision (a) of this section, if a
person qualifies for an exemption or deferral under this article,
and if the person can prove by clear and convincing evidence that
the person's physical or mental health has deteriorated to the
point that the only alternative to permanently residing in a
hospital, nursing home, convalescent home or other facility for
physical or mental care is to have a relative move in and provide
care for the person, and if a relative does then move in for that
purpose, then none of the income of the relative or of the
relative's spouse shall be counted towards the income limit,
provided that the owner of the residence has not transferred assets
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in excess of five thousand dollars ($5,000.00) without adequate
consideration within a three-year period prior to or after the
relative moves into such residence.
(c) The fact that persons who are otherwise qualified for tax
exemption, deferral or freeze pursuant to this division are
residing in hospitals, nursing homes, convalescent homes or other
facilities for physical or mental care for extended periods of time
shall not be construed to mean that the real estate for which tax
exemption, deferral or freeze is sought does not continue to be the
sole dwelling of such persons during such extended periods of other
residence, so long as such real estate is not used by or leased to
others for consideration.
Sec. 35-67. Amount of exemption.
When a person claiming exemption under this division conforms
to the standards and does not exceed the limitations contained in
this division, the tax exemption shall be as shown on the following
schedule:
Total income,
Ail sources
15 0AA A~
17,000.01
"~ O~A 90 00 00--15,000 00
7= 0~ 00 15,000 01--17,000 00
"~ O~vv AAvv 17 000.01--19,000.00
~n ~AA A~ 19,000 01----21,000 00
20,000.~A~ ~,~v~.v~~ ~A AA 21,000.01---23,500.00 20%
Tax Exemption
100%
80%
60%
40%
No lien shall accrue as a result of the amount certified as exempt.
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Adopted by the City Council of the City of Virginia Beach on
this 26th day of May, 1998.
CA-7011
DATA/ORDIN/PROPOSED/35-061et.ORD
R3
PREPARED: 05/20/98
APPROVED AS TO CONTENTS:
Management Services
Real Estate Assessor
APPROVED AS TO LEGAL
SUFFICIENCY:
Department of Law
6
- 21 -
Item V-H. 2.
ORDINANCES
ITEM # 43592
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance to authorize the City Manager to enter into a City-State
Agreement with the Virginia Department of Transportation O/DOT) re
construction of Salem Road (CIP #2-930), a six-lane divided highway with
bikeway and scenic buffer from Ferrell Parkway to Lynnhaven Parkway
and a four-lane divided arterial highway and bikeway from Lynnhaven
Parkway to Independence Boulevard, a distance of approximately 7,280
feet (1.18 miles) (KEMPSVILLE BOROUGH).
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William YE. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 26, 1998
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AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CITY-STATE
AGREEMENT WITH THE VIRGINIA
DEPARTMENT OF TRANSPORTATION FOR
CONSTRUCTION OF THE SALEM ROAD
PROJECT
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WHEREAS, the proposed Salem Road Project provides for a
six-lane divided highway with a bikeway and scenic buffer from
Ferrell Parkway to Lynnhaven Parkway, and a four-lane divided
arterial highway and bikeway from Lynnhaven Parkway to Independence
Boulevard, for a total distance of approximately 7,280 feet (1.18
miles);
WHEREAS, City Council has determined that a public
necessity exists for the construction of this important project to
provide transportation enhancement and for other public purposes
related to the preservation of the safety, health, peace, good
order, comfort, convenience, and welfare of the citizens of
Virginia Beach; and
WHEREAS, in order for the Virginia Department of
Transportation (~VDOT") to proceed with this project, the City must
enter into a City-State Agreement with VDOT for construction of the
project.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to enter into
a City-State Agreement with the Virginia Department of
Transportation for construction of the Salem Road Project (CIP 2-
930, VDOT Project U000-134-126, PE-101, RW-201, C-501) on behalf of
the City of Virginia Beach.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 26 day of May , 1998.
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CA-6981
ORDIN\NONCODE\SALEM-RD.ORD
R-2
May 1,1998
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APPROVED AS TO CONTENT:
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ic Work's
APPROVED AS TO LEGAL
SUFFICIENCY:
De~rtment of Law
SITE
LOCATION MAP
SCALE : 1" = 3,200'
.//
S. I~IDE?E?DENO, E BLVD.
LOCAIION MAP
SAI_[M ROAD
CIP #2-930
SCALE: 1" = 800'
SHOW!
PREPARED BY PAN ENG. DRAFT. 07-APR-1998
DAVID R. GEHR
COMMISSIONER
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
1401 EAST BROAD STREET
RICHMOND. 23219-1939
March 31, 1998
M.S. HOLMS
STATE URBAN ENGINEER
_Mr.~e Warnstaff
/Director of Public Works
2405 Courthouse Drive
Operations Building
Virginia Beach, Virginia 23456
Salem Road
Project: U000-134-126, PE-101,
RW-201, C-501
City of Virginia Beach
Dear Mr. Wamstaff:
Bids have been received for this project and the apparent low bidder is Henry S.
Branscome, Inc. Accordingly, I am sending you herewith three (3) originals of the City-
State Agreement. Please have all three (3) originals executed on behalf of the City and
return them to this office for execution by the State. A fully executed original will be
returned for your file.
Your attention is called to the note at the bottom of the last page of the agreement
concerning the authority under which this agreement is executed. Please provide three (3)
copies of this authority with the executed agreement.
Sincerely,
Leo H. Rutledge, Jr.
Urban Programs Engineer
attachments
APR- 3
~ i-b:,;d{; t"':L,TiF-.S DEl'!.
\, Dl!{EC',Gii'~ L'~Fr I'~E /
WE KEEP VIRGINIA MOVING
AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH
AND VIRGINIA DEPARTMENT OF TRANSPORTATION
The City of Virginia Beach, Commonwealth of Virginia, hereinafter referred to as
VIRGINIA BEACH, and the Commonwealth of Virginia, Department of Transportation,
hereinafter referred to as the DEPARTMENT, hereby agree as follows:
1. The DEPARTMENT will prosecute a project for the
improvement of 1.9 km/l.2 miles of Salem Road within
VIRGINIA BEACH from Ferrell Parkway to Independence
Boulevard, Project U000-134-126, PE-101, RW-201, C-501.
2. VIRGINIA BEACH approves the plans as designed and
requests the DEPARTMENT to submit the project with
recommendation that it be approved by the Commonwealth
Transportation Board and agrees that if such project is
approved and constructed by the DEPARTMENT, VIRGINIA
BEACH, thereafter, at its own expense, will maintain the
project, or have it maintained, in a manner satisfactory to the
DEPARTMENT or its authorized representatives and will
make ample provision each year for such maintenance.
3. VIRGINIA BEACH agrees that after construction of the
project, or any part thereof, it will not permit any reduction in
the number of or width of traffic lanes, or any additional
median crossovers and enlargement of existing median
crossovers, or any alterations to channelization islands,
without the prior wdtten approval of the DEPARTMENT.
VIRGINIA BEACH agrees to fumish complete plans, adjust
utilities, and furnish all necessary dghts of way, all at no
expense to the DEPARTMENT.
Right of way for this project was acquired with dghts of access
restricted to points designated ,on the plans. VIRGINIA
BEACH agrees that no additional access points will be
permitted without prior wdtten approval of the DEPARTMENT.
Parking will be prohibited at all times on both sides of this
project and appropriate NO PARKING signs shall be erected.
The signs shall conform to the standards as shown in the
current edition of the Manual on Uniform Traffic Control
Devices.
VIRGINIA BEACH agrees that the location, form and
character of informational, regulatory and warning signs, curb
and pavement 'or other markings and traffic signals, installed
or placed by any public authority, or other agency, shall
conform to the standards as shown in the current edition of
the Manual on Uniform Traffic Control Device,s or be subject
to the approval of the DEPARTMENT.
10.
11.
VIRGINIA BEACH agrees that the location and installation of
utility poles, lighting standards, traffic signal poles or any other
facility !nstalled or placed within the right of way by any public
authority, or other agency, shall conform to VDOT Land Use
Permit Manual or be subject to the approval of the
DEPARTMENT.
VIRGINIA BEACH agrees to comply with Title VI of the Civil
Rights Act of 1964 and the Virginia Fair Employment
Contracting Act, Section 2.1-374 through 2.1-376 of the Code
of Virginia (1950), as amended.
VIRGINIA BEACH agrees to comply with all aPplicable
federal, state and local rules, regulations and statutes when
work is performed on this project with municipal forces or its
agent at project expense.
VIRGINIA BEACH agrees that prison labor will not be used
for any purpose whatsoever on this project.
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12.
VIRGINIA BEACH agrees to participate in the actual cost of
this project in accordance with the following tabulation,
understanding that the costs shown are estimated and the
percentages will be applied to actual costs:
Preliminary Engineering
Right of Way
Construction
Utility Construction
Utility Betterment
Utility Construction (City %)
Demo/Field Office
State Force Work
(Non-part.)
Totals
PROJECT COST,
VIRGINIA BEACH'S SHARE
ESTIMATED COST %
$1,120,000.00 5
1,473,000.00 2
5,118,177.45 2
14,160.00 100
1,230,880.42 52
.96
12,590.00 2
35,906.25 0
$9,004,714.12
56,000.00
29,460.00
102,363.55
14,160.00
640,057.82
11,816.45
251,80
0.00
$854,109,62
IN WITNESS WHEREOF, the parties haVe hereunto affixed their signatures, the CITY of
VIRGINIA BEACH on the day of , 1998, and the
DEPARTMENT on the day of ,1998.
ATTEST:
CITY OF VIRGINIA BEACH
BY BY
CITY CLERK
CITY MANAGER
NOTE:
The official signing for the
municipality must attach a certified
copy of the authority under which
this agreement is executed. This
agreement is executed in three
originals.
APPROVED AS TO FORM
CITY ATTORNEY
.~,PPROVED AS TO CONTENTS
COMMONWEALTH OF VIRGINIA, DEPARTMENT
OF TRANSPORTATION
BY
COMMISSIONER
5
Item V-H. 3.a.
- 22-
ORDINANCES
ITEM # 43593
Thomas J. Belke, 5421 Branchwood Way, Phone: 478-4039, registered in OPPOSITION and presented
information relative City Code and legal precedents, which are hereby made a part of the record
Robert and Sarah Kuczynski, 5416 Branchwood Way, Phone: 366-9988,spoke for the applicant Lorraine
Kovach
Upon motion by Councilman Harrison, seconded by Councilman Baum, City Council ADOPTED:
Ordinance to authorize temporary encroachment on Branchwood Way re
constructing and maintaining .fill dirt and grass over sidewalk
(KEMPSVILLE BOROUGH):
Into a portion of the City's right-of-way by ANDY S. * and LORRAINE
KOVACH at 5412 Branchwood Way:
The following conditions shall be required:
o
The applicants agree that such temporary encroachment will be
constructed and maintained in accordance with the laws of the
Commonwealth of Virginia and the City of Virginia Beach, and
in accordance with the City of Virginia Beach Public Works
Department's specifications and approval as to size, alignment
and location.
The temporary encroachment herein authorized shall terminate
upon notice by the City of Virginia Beach, and that within thirty
(30) days after such notice is given, the temporary encroachment
shall be removed from the City's right-of-way known as
Branchwood Way by the applicants who will bear all costs and
expenses of such removal.
The applicants will indemnify and hold harmless the City of
Virginia Beach, its agents and employees from and against all
claims, damages, losses and expenses including reasonable
attorney's fees in case it shall be necessary to ftle or defend an
action arising out of the location or existence of such temporary
encroachment.
Nothing herein contained shaH be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to permit
the maintenance and construction of any encroachment by
anyone other than the applicants.
The applicants agree to maintain said temporary encroachment
so as not to become unsightly or a hazard.
May 26, 1998
Item V-H. 3. a.
ORDINANCES
6.
7.
- 23 -
ITEM # 43593 (Continued)
The applicants shah obtain and keep in force AH Risk Property
Insurance and General Liability or such insurance as is deemed
necessary by the City of Virginia Beach and all insurance
policies must name the City of Virginia Beach as additional
named insured or loss payee, as applicable. The applicants
agree to carry Comprehensive General Liability Insurance in an
amount not less than $500,000, combined single limit of such
insurance policy or policies. The applicants will provide
endorsements providing at least thirty (30) days written notice to
the City of Virginia Beach prior to the cancellation or
termination of, or material change to, any of the insurance
policies. The applicants assume all responsibilities and
liabilities, vested or contingent, with relation to the temporary
encroachment.
The City of Virginia Beach, upon revocation of such authority
and permission so granted, may remove any such temporary
encroachment and charge the cost thereof to the applicants and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the applicants to remove such
temporary encroachment; and pending such removal, the City
may charge the applicants compensation for the use of such
portion of the City's right-of-way encroached upon the
equivalent of what would be the real property tax upon the land
so occupied if it were owned by the applicants; and if such
removal shah not be made within the time ordered hereinabove
by this Agreement, the City shall impose a penalty in the sum of
One Hundred Dollars ($100.00) per day for each and every day
that such temporary encroachment is allowed to continue
thereafter, and shall collect such compensatiOon and penalties in
any manner provided by law for the collection of local or state
taxes.
Voting: 6-5
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Louis R. Jones and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf,
Nancy K. Parker and Louisa M. Strayhorn
Council Members Absent:
None
*Mr. Kovach passed away May 21, 1998
May 26, 1998
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENTS INTO
A PORTION OF THE
RIGHT-OF-WAY OF BRANCHWOOD
WAY BY ANDY S. KOVACH &
LORRAINE KOVACH, THEIR
HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE
WHEREAS, Andy S. Kovach and Lorraine Kovach desire to
construct and maintain fill dirt and grass into the City's right-
of-way of Branchwood Way.
WHEREAS, City Council is authorized pursuant to ~ 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
authorize temporary encroachments upon the City's right-of-way
subject to such terms and conditions as Council may prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in §~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as
amended, Andy S. Kovach and Lorraine Kovach, their heirs, assigns
and successors in title are authorized to construct and maintain a
temporary encroachment for fill dirt and grass in the City's right-
of-way as shown on the map entitled: "EXHIBIT ~A" FOR ENCROACHMENT
OF FILL DIRT & GRASS INTO RIGHT OF WAY AT LOT 20 WHITEHURST WOODS
5412 BRANCHWOOD WAY VIRGINIA BEACH, VIRGINIA FOR ANDY S. KOVACH &
LORRAINE KOVACH," a copy of which is on file in the Department of
Public Works and to which reference is made for a more particular
description; and
BE IT FURTHER ORDAINED, that the temporary encroachments
are expressly subject to those terms, conditions and criteria
contained in the Agreement between the City of Virginia Beach and
Andy S. Kovach and Lorraine Kovach, (the "Agreement") which is
attached hereto and incorporated by reference; and
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BE IT FURTHER ORDAINED that the City Manager or his
authorized designee is hereby authorized to execute the Agreement.
BE IT FURTHER ORDAINED, that this Ordinance shall not be
in effect until such time as Andy S. Kovach and Lorraine Kovach and
the City Manager or his authorized designee execute the Agreement.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 26 day of May , 1998.
~P~PROVED AS TO CONTENTS
DEPARTMEN~
APPROVED AS TO LEGAL
~,/ CITY ~(T~ORNEY
~' c --1 ~~$'? ! ~/
LOCA~ON MAP SCALE: 1" - 1,600'
7313
~ SHOWING
REQUESTED
\
LOCATION
LOCATION MAP
AREA OF ENCROACHMENT
BY ANDY S. AND LORRAINE
' KOVACH / ' W
/ -~
- 5412 BRANCHWOOD WAY
PREPARED BY P/W ENG. DRAFT. 31-MAR-1998
PREPARED BY VIRG]lqIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58.1-81 l(aX3)
AND 58.1-81 I(cX4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party
of the first part, and ANDY S. KOVACH AND LORRAINE KOVACH, husband and wife,
THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, party of the second part.
WITNE$$ETH:
That, WHEREAS, the party of the second part is the owner of that certain lot, tract,
or parcel of land designated and described as "LOT 20, WHITEHURST WOODS
SUBDIVISION" and being further designated and described as "5412 Branchwood Way, Virginia
Beach, Virginia 23464' GPIN 1466-31-1759" and
That, WHEREAS, it is proposed by the party of the second part to construct and
maintain fill dirt and grass in the City of Virginia Beach', and
WHEREAS, in constructing and maintaining such fill dirt and grass, it is necessary
that the said party of the second part encroach into a portion of an existing City right-of-way
known as Branchwood Way; and said party of the second part has requested that the party of the
first part grant a temporary encroachment to facilitate such fill dirt and grass within a
portion of the City's right-of-way known as Branchwood Way.
GPIN 1466-31-1759
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the party of the second part and for the further
consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt
of which is hereby acknowledged, the party of the first part doth grant to the party of the
second part a temporary encroachment to use a portion of the City's right-of-way known
as Branchwood Way for the purpose of constructing and maintaining such fill dirt and
grass.
It is expressly understood and agreed that such temporary encroachment will
be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City of Virginia
Beach Public Works Department's specifications and approval as to size, alignment and
location and is more particularly described as follows, to wit:
An area of temporary encroachment into a
portion of the City's right-of-way known as
Branchwood Way as shown on that certain
plat entitled: "EXHIBIT "A" FOR
ENCROACHMENT OF FILL DIRT &
GRASS INTO RIGHT OF WAY AT LOT
20 WHITEHURST WOODS 5412
BRANCHWOOD WAY VIRGINIA
BEACH, VIRGINIA FOR ANDY S.
KOVACH AND LORRAINE KOVACH,"
a copy of which is attached hereto as
Exhibit "A" and to which reference is made
for a more particular description.
It is further expressly understood and agreed that the temporary encroachment
herein authorized shall terminate upon notice by the City of Virginia Beach to the party
of the second part, and that within thirty (30) days after such notice is given, such
temporary encroachment shall be removed from the City's fight-of-way known as
Branchwood Way by the party of the second part; and that the party of the second part
shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the party of the second part
shall indemnify and hold harmless the City of Virginia Beach, its agents and employees,
from and against all claims, damages, losses and expenses including reasonable attorney's
fees in case it shall be necessary to file or defend an action arising out of the location or
existence of such temporary encroachment.
It is further expressly understood and agreed that nothing herein contained
shall be consmaed to enlarge such permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein and to the limited extent
specified herein, nor to permit the maintenance and construction of any encroachment by
anyone other than the party of the second part.
It is further expressly understood and agreed that the party of the second part
agrees to maintain said temporary encroachment so as not to become unsightly or a
hazard.
It is further expressly understood and agreed that the party of the
second part shall obtain and keep in force All Risk Property Insurance and General
Liability or such insurance as is deemed necessary by the party of the first part, and all
insurance policies must name the party of the first part as additional named insured or loss
3
payee, as applicable. The party of the second part also agrees to carry Comprehensive
General Liability Insurance in an amount not less than $500,000.00, combined single
limits of such insurance policy or policies. The party of the second part will provide
endorsements providing at least thirty (30) days written notice to the party of the first part
prior to the cancellation or termination of, or material change to, any of the insurance
policies. The party of the second part assumes all responsibilities and liabilities, vested
or contingent, with relation to the temporary encroachment.
It is further expressly understood and agreed that the party of the first part,
upon revocation of such authority and permission so granted, may remove any such
temporary encroachment and charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the collection of local or state taxes;
may require the party of the second part to remove such temporary encroachment; and
pending such removal, the party of the f'trst part may charge the party of the second part
compensation for the use of such portion of the City's fight-of-way encroached upon the
equivalent of what would be the real property tax upon the land so occupied if it were
owned by the party of the second part; and if such removal shall not be made within the
time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum
of One Hundred Dollars ($100.00) per day for each and every day that such temporary
encroachment is allowed to continue thereafter, and shall collect such compensation and
penalties in any manner provided by law for the collection of local or state taxes.
4
IN WITNESS WHEREOF, ANDY S. KOVACH AND LORRAINE
KOVACH, the said parties of the second part have caused this Agreement to be executed
by their signatures and seals duly affixed. Further, that the City of Virginia Beach has
caused this Agreement to be executed in its name and on its behalf by its City Manager
and its seal be hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
(SEAL)
ATTEST:
By
City Manager/Authorized
Designee of the City Manager
City Clerk
/,,~~OVED AS TO CONTENT
~PAI~IML~NT
(SEAL)
ANDY S. KOVACH
OVACH
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
of
The foregoing instrument was acknowledged before me this day
,1998, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instnnnent was acknowledged before me this
day
of
, 1998, by RUTH HODGES SMITH, City Clerk for the CITY OF
VIRGINIA BEACH.
My Commission Expires:
Notary Public
6
STATE OF /~,ff~,."-'/,4
CITY/~ OF .M, ff~.,.,o,.,,t ~o~a/4
, to-wit:
The foregoing instrument was acknowledged before me this
day
of b"~-4~a,n~ '/
1998, by ANDY S. KOVACH and LORRAINE KOVACH.
Notary Public
My Commission Expires:
7
BRANCHWOOD WAY ($0')
EDGE OF 8TREET_ ~_
'ENCROACHMENT OVER SIDEWALK ~. ~ '. , '..
N
EXHIBIT "A"
FOR ENCROACHMENT
OF FILL DIRT & GRASS
INTO RIGHT OF WAY AT
LOT 20
WHITEHURST WOODS
5412 BRANCHWOOD WAY
VIRGINIA BEACH, VIRGINIA
FOR
ANDY S. KOVACH & LORRAINE KOVACH
From: Peggy Gilletc
To:
Subj:
Date:
Mr. Annas/Office of Public Works
Unfinished sidewalk of Whitehurst Woods
April 6, 1998
Our neighborhood gives overwhelming support for the now infamous sidewalk
encroachment situation in Whitehurst Woods.
Our signed petition will follow shortly.
Robert has been a figurehead in making our neighborhood one of happiness, safety, and
peace.
I fully endorse and strongly concur with Robert's desire to thwart off the long and
lingering hazards associated with the abandoned city sidewalk project
His timely decision to perform the encroachment, ico (czo) regulations has eliminated the
hazards and saved the city from potential law suits. And, he has enhanced the beauty of
the neighborhood giving it balance and completeness.
Additionally, Andrew's decision to follow suit with his encroachment will aid his failing
health, as well as his wife's. We all support him totally and offer them our full respect
We will honor their desire for peace in their golden years.
Most Respectfiflly,
Whitehurst Woods Civic League President
:5436 Branchwood Way
Virginia Beach, Vir~nia 23464
(7:57) 523-6615
(1) IT SERVES NO PRACTICAL PURPOSE SINCE IT LEADS PEDESTRIANS TO THE
KUCZYNSKIS YARD AND ENDS.
(2) IT DOES NOT SERVE PEDESTRIANS SAFE PASSAGE.
(3) IT DOES NOT DECREASE COMMUNITY SAFETY SINCE WE LIVE ON A CUL DE SAC
CONSISTING OF 18 HOUSES, WHICH IS INHERENTLY SAFE TO BEGIN WITH.
(4) COVERING THE SIDEWALK WH.L SOLVE (HAS SOLVED), A LONG STANDING SAFETY
ISSUE FOR PEDESTRIANS.
(5) IT WILL ELIMINATE AN EYE-SO'AR IN THE NEIGItBORIiOOD.
(6) BECAUSE WE ALL LIVE IN A CUL DE SAC, ADULTS AND CHILDREN ALIKE WILL
CONTINUE TO HAVE FREE REIGN TO TRAVEL AND PLAY IN EXISTING SPACES
WITHOUT THE NEED OF THE SIDEWALK.
(7) WE ALSO ARE AWARE OF THE CITY LAW CITING THAT SIDEWALKS ARE NOT
REQUIRED IN CUL DE SACS OF 25 HOUSES OR LESS (SEE ATTACHED CITY ORD)(CZO
APPENDIX B,SUB ORD REG/SEC 5.6C).
(8) WE FULLY BELIEVE OUR NEIGHBORS WILL CONTINUE TO BE RESPONSIBLE FOR
MAINTAINING ENOUGH SOD TO MAKE ADEQUATE GROUND COVER AND AN
APPEALING ENVIRONMENT FOR THE SUBDIVISION.
(9) ALL OF US, INCLUDING THE KOVACH'S AND KUCZYNSKI'S, UNDERSTAND THAT
COVERED SIDEWALKS WILL CONTINUE TO BE SUBJECT TO CITY INSPECTIONS.
NAME ADDRESS SIGNATURE
5420 Branchwood Way
Virginia Beach, VA 23464
April 7, 1998
Patrick Annas
City Public Works and Real Estate
2405 Court House Drive Room 170
Virginia Beach, VA 23456
Dear Mr. Annas:
As residents of the subdivision of Whitehurst Woods in Virginia Beach, we are writing this
letter to let you know we are in favor of covering the sidewalks in front of 5412 and 5416
Branchwood Way. We also feel it is in no way detrimental to the appearance or value of
this neighborhood.
Sincerely,
Charles R. Wian
P~/~' Wian
Vice-President, Whitehurst Woods Civic League
1001 }01dY¢~ffCr6-'urt
Virginia Beach, Va. 23464
Phone 420-0534
To the Honourable Council,
Please understand that I have no objection to the sidewalk being covered in front of the
two houses on Branchwood Way. Children and others use the streets to walk on since
there is so little traffic. I also believe it looks very nice and does not take away from the
beauty of the neighborhood in any way.
Please consider my request, and allow the sidewalk to remain covered.
Most respectfully yours, .
Mrs. Al
3/31/9~
Item V-H. 3. b.
ORDINANCES
- 24 -
ITEM # 43594
Thomas J. Belke, 5421 Branchwood Way, Phone: 478-4039, registered in OPPOSITION and presented
information relative City Code and legal precedents, which are hereby made apart of the record
Robert and Sarah Kuczynski, 5416 Branchwood Way, Phone: 366-9988, the applicants
Upon motion by Councilman Harrison, seconded by Councilman Baum, City Council ADOPTED:
Ordinance to authorize temporary encroachment on Branchwood Way re
constructing and maintaining fiH dirt and grass over sidewalk
(KEMPSVILLE BOROUGH):
Into a portion of the City's right-of-way by ROBERT H. and SARAH E.
KUCZYNSKI at 5416 Branchwood Way
The following conditions shall be required:
o
The applicants agree that such temporary encroachment will be
constructed and maintained in accordance with the laws of the
Commonwealth of Virginia and the City of Virginia Beach, and
in accordance with the City of Virginia Beach Public Works
Department's specifications and approval as to size, alignment
and location.
The applicants agree that the temporary encroachment herein
authorized shah terminate upon notice by the City of Virginia
Beach to the applicants, and that within thirty (30) days after
such notice is given, the temporary encroachment shah be
removed from the City's right-of-way known as Branchwood
Way by the applicants; and the applicants agree to bear aH costs
and expenses of such removal.
The applicants shah indemnify and hold harmless the City of
Virginia Beach, its agents and employees, from and against aH
claims, damages, losses and expenses including reasonable
attorney's fees in case it shah be necessary to file or defend an
action arising out of the location or existence of such temporary
encroachment.
Nothing herein contained shah be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to permit
the maintenance and construction of any encroachment by
anyone other than the applicants.
The applicants agree to maintain said temporary encroachment
so as not to become unsightly or a hazard.
May 26, 1998
Item V-H. 3. b.
ORDINANCES
- 25 -
ITEM # 43594 (Continued)
6.
The applicants shall obtain and keep in force All Risk Property
Insurance and General Liability or such insurance as is deemed
necessary by the City of Virginia Beach, and all insurance
policies must name the City of Virginia Beach as additional
named insured or loss payee, as applicable. The applicants also
agree to carry Comprehensive General Liability Insurance in an
amount not less than $500,000. O0 combined single limit of such
insurance policy or policies. The applicants will provide
endorsements providing at least thirty (30) days written notice to
the City of Virginia Beach prior to the cancellation or
termination of, or material change to, any of the insurance
policies. The applicants assume all responsibilities and
liabilities, vested or contingent, with relation to the temporary
encroachment.
The City of Virginia Beach, upon revocation of such authority
and permission so granted, may remove any such temporary
encroachment and charge the cost thereof to the applicants and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the applicants to remove such
temporary encroachment; andpending such removal, the City of
Virginia Beach may charge the applicants compensation for the
use of such portion of the City's right-of-way encroached upon
the equivalent of what would be the real property tax upon the
land so occupied if it were owned by the applicants; and if such
removal shall not be made within the time ordered hereinabove
by this Agreement, the City shall impose a penalty in the sum of
One Hundred Dollars ($100.00) per day for each and every day
that such temporary encroachment is allowed to continue
thereafter, and shall collect such compensation and penalties in
any manner provided by law for the collection of local or state
taxes.
Voting: ~5
Council Members Voting Aye:
John/1. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Louis R. Jones and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf,
Nancy K. Parker and Louisa M. Strayhorn
Council Members Absent:
None
.'
May26, 1998
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENTS INTO
A PORTION OF THE
RIGHT-OF-WAY OF BRANCHWOOD
WAY BY ROBERT H. KUCZYNSKI
AND SARAH E. KUCZYNSKI,
THEIR HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE
WHEREAS, Robert H. Kuczynski and Sarah E. Kuczynski
desire to construct and maintain fill dirt and grass into the
City's right-of-way of Branchwood Way.
WHEREAS, City Council is authorized pursuant to ~ 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
authorize temporary encroachments upon the City's right-of-way
subject to such terms and conditions as Council may prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in ~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as
amended, Robert H. Kuczynski and Sarah E. Kuczynski, their heirs,
assigns and successors in title are authorized to construct and
maintain a temporary encroachment for fill dirt and grass in the
City's right-of-way as shown on the map entitled: "EXHIBIT "A" FOR
ENCROACHMENT OF FILL DIRT & GRASS INTO RIGHT OF WAY AT LOT 21
WHITEHURST WOODS 5416 BRANCHWOOD WAY VIRGINIA BEACH, VIRGINIA FOR
ROBERT H. & SARAH E. KUCZYNSKI," a copy of which is on file in the
Department of Public Works and to which reference is made for a
more particular description; and
BE IT FURTHER ORDAINED, that the temporary encroachments
are expressly subject to those terms, conditions and criteria
contained in the Agreement between the City of Virginia Beach and
Robert H. Kuczynski and Sarah E. Kuczynski, (the "Agreement") which
is attached hereto and incorporated by reference; and
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BE IT FURTHER ORDAINED that the City Manager or his
authorized designee is hereby authorized to execute the Agreement.
BE IT FURTHER ORDAINED, that this Ordinance shall not be
in effect until such time as Robert H. Kuczynski and Sarah E.
Kuczynski and the City Manager or his authorized designee execute
the Agreement.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 26. day of May , 1998.
PROVED AS TO CONTENTS
DEPARTMENT
APPROVED AS TO LEC~AL
/~UFFI~IENCY ~ FOBM
CITY A~(TO~NEY
2
PREPARED BY VIRGINIA BEACtt
CITY ATTORNEY'S OFFICE
EXE1VIP~D FROM RECORDATION TAXES
UNDER SECTIONS 58.1-81 l(aX3)
AND 58.1-81 I(cX4)REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this ?..~day of /~ ,19 9'F', by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party
of the first part, and ROBERT H. KUCZYNSKI AND SARAH E. KUCZYNSKI, husband and
wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, party of the second
part.
WITNESSETH:
That, WHEREAS, the party of the second part is the owner of that certain lot, tract,
or parcel of land designated and described as "LOT 21, WHITEHURST WOODS
SUBDIVISION" and being further designated and described as "5416 Branchwood Way, Virginia
Beach, Virginia 23464 · GPIN 1466-31-0787" and
That, WHEREAS, it is proposed by the party of the second part to construct and
maintain fill dirt and grass in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining such fill dirt and grass, it is necessary
that the said party of the second part encroach into a portion of an existing City right-of-way
known as Branchwood Way; and said party of the second part has requested that the party of the
first part grant a temporary encroachment to facilitate such fill dirt and grass within a
portion of the City's right-of-way known as Branchwood Way.
GPIN 1466-31-0787
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the party of the second part and for the further
consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt
of which is hereby acknowledged, the party of the first part doth grant to the party of the
second part a temporary encroachment to use a portion of the City's right-of-way known
as Branchwood Way for the purpose of constructing and maintaining such fill dirt and
grass.
It is expressly understood and agreed that such temporary encroachment will
be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City of Virginia
Beach Public Works Department's specifications and approval as to size, alignment and
location and is more particularly described as follows, to wit:
An area of temporary encroachment into a
portion of the City's fight-of-way known as
Branchwood Way as shown on that certain
plat entitled: "EXHIBIT "A" FOR
ENCROACHMENT OF FILL DIRT &
GRASS INTO RIGHT OF WAY AT LOT
21 WHITEHURST WOODS 5416
BRANCHWOOD WAY VIRGINIA
BEACH, VIRGINIA FOR ROBERT H. &
SARAH E. KUCZYNSKI," a copy of
which is attached hereto as Exhibit "A" and
to which reference is made for a more
particular description.
It is further expressly understood and agreed that the temporary encroachment
herein authorized shall terminate upon notice by the City of Virginia Beach to the party
2
of the second part, and that within thirty (30) days after such notice is given, such
temporary encroachment shall be removed from the City's right-of-way known as
Branchwood Way by the party of the second part; and that the party of the second part
shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the party of the second pan
shall indemnify and hold harmless the City of Virginia Beach, its agents and employees,
from and against all claims, damages, losses and expenses including reasonable attorney's
fees in case it shall be necessary to file or defend an action arising out of the location or
existence of such temporary encroachment.
It is further expressly understood and agreed that nothing herein contained
shall be construed to enlarge such permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein and to the limited extent
specified herein, nor to permit the maintenance and construction of any encroachment by
anyone other than the party of the second part.
It is further expressly understood and agreed that the party of the second part
agrees to maintain said temporary encroachment so as not to become unsightly or a
hazard.
It is further expressly understood and agreed that the party of the
second part shall obtain and keep in force All Risk Property Insurance and General
Liability or such insurance as is deemed necessary by the party of the first part, and all
3
insurance policies must name the party of the first part as additional named insured or loss
payee, as applicable. The party of the second part also agrees to carry Comprehensive
General Liability Insurance in an amount not less than $500,000.00, combined single
limits of such insurance policy or policies. The party of the second part will provide
endorsements providing at least thirty (30) days written notice to the party of the first part
prior to the cancellation or termination of, or material change to, any of the insurance
policies. The party of the second part assumes all responsibilities and liabilities, vested
or contingent, with relation to the temporary encroachment.
It is further expressly understood and agreed that the party of the first part,
upon revocation of such authority and permission so granted, may remove any such
temporary encroachment and charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the collection of local or state taxes;
may require the party of the second part to remove such temporary encroachment; and
pending such removal, the party of the first part may charge the party of the second part
compensation for the use of such portion of the City's right-of-way encroached upon the
equivalent of what would be the real property tax upon the land so occupied if it were
owned by the party of the second part; and if such removal shall not be made within the
time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum
of One Hundred Dollars ($100.00) per day for each and every day that such temporary
encroachment is allowed to continue thereafter, and shall collect such compensation and
penalties in any manner provided by law for the collection of local or state taxes.
4
IN WITNESS WHEREOF, ROBERT H. KUCZYNSKI and SARAH E.
KUCZYNSKI, the said parties of the second part have caused this Agreement to be
executed by their signatures and seals duly affixed. Further, that the City of Virginia
Beach has caused this Agreement to be executed in its name and on its behalf by its City
Manager and its seal be hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
(SEAL)
ATTEST:
By
City Manager/Authorized
Designee of the City Manager
City Clerk
f~~PROVED AS~ TO CON i'F.~:;
DEPARTMENT
R ~~,~//~OBERT H. I42UCZ~SKI
(SEAL)
"ARAHE. KU~~~'~KI~ SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
of
The foregoing insmunent was acknowledged before me this day
., 1998, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
of
The foregoing instrument was acknowledged before me this day
,1998, by RUTH HODGES SMITH, City Clerk for the CITY OF
VIRGINIA BEACH.
My Commission Expires:
Notary Public
6
STATE OF /,~/,4',"- z.,o.-.a
CITY/~ OF /~,d ~,,,o~4 /fe,,t~/4 to-wit:
The foregoing instrument was acknowledged before me this
day
of, /de'4 ,a o ,4 ,4 Y'
, 1998, by ROBERT H. KUCZYNSKI and SARAH E.
KUCZYNSKI.
Notary Public
My Commission Expires:
7
LOCATION MAP
SC. ALE : 1" -- 1,600'
H
LOCATION MAP ~
REQUESTED
LOCATION
SHOWING AREA OF ENCROACHMENT
BY ROBERT H. & SARAH E.
KUCZYNSK! / , ' ~ ~
- 5416 BRANCHWOOD WAY
SCALE: 1"
146G-21-711 u ~
PREPARED BY P/W ENG. DRAFT. 31-MAR-1998
N
15'
Z~
# 77e,ed,'/9"~''
'11.4~'
17
_~___.EDGE OF 8TREET
BRANCHWOOD WAY ($0')
EXHIBIT "A"
FOR ENCROACHMENT
OF FILL DIRT & GRASS.
iNTO RIGHT OF WAY AT
LOT 21
WHITEHURST WOODS
5416 BF~NCHWOOD WAY
VIRGINIA BEACH, VIRGINIA
FOR
ROBERT H. & SARAH E, KUCZYNSKI
Item V-H. 4.
- 26-
ORDINANCES
ITEM # 43595
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council APPROVED:
CERTIFICA TES OF PUBLIC CONVENIENCE AND NECESSITY:
Beach Taxi, Inc.
Yellow Cab of Virginia Beach, Inc.
Weddle Antique Limousine Service, Inc.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM
Heischober, Barbara M. Henley, Louis R. Jones, Reba $. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa 3/1. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 26, 1998
-27-
Item V-H. 5.
ORDINANCES
ITEM # 43596
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council APPROVED:
REFUNDS:
License - $49,521.21
Tax - $ 6,859.55
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 26, 1998
FORM NO. CM 5 REV. 11/91
CITY OF VIRGINIA BEACH
AGENDA REQUEST
To:
The Honorable Mayor
Members of the Council
From:
Subject:
James K. Spore
City Manager
License Refunds
AGENDA ON: ~ay 26, 1998
NATURE OF ITEM:
Zoning/Use Permit Contract
Transfer/Appropriationi"lS~/2~ Reading
X Other License Refunds
BUDGET SECTION: Amount
Funding Source:
Recommendation:
Signature
HISTORY:
FACTS/DISCUSSIONS/OPTIONS:
Mr. Philip J. Kellam, Commissioner of the Revenue, has requested license refunds;
in the amount of $19,179.18. The City Attorney has reviewed the ordinance and
approved as to form.
Fiscal year-to-date license refunds: $928,779.38
ATTACHMENTS:
Listing of license refunds to be issued
Copies to:
Mr. Philip J. Kellam
Recommended Action: Council
Action:
Commissioner of the Revenue and City Attorney recommend approval.
Date:
Submitting Agency/Signature .~__~~.,~,~' D/ACM: City Ma~ ~_._
Commissioner of the Revenue~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
Barnes, Lauvenia P.
Bauman, George II
Bedford Inc.
CDI Corporation
Coastal Safety Services Inc.
Credit Control Corporation
Crockett, Roy I.
Eckerd Corporation
Exxon Corp.-2-8389 Tax Dept.
Gragas, Ivo P.
Greene, Peter V.
Greene, Vicki M.
Holcomb, Tony
Jucksch, William d.
Kellam-Gerwitz Engineering Inc.
Ken Hall Inc.
L E Industries Inc.
Lindner, Harry L.
Lindsley, Robert $. Jr.
Meixel, Everett Carter
Michael Lee Company
Miracle Man Productions Inc.
Morris, Thomas N. Jr.
Palais Royal
Pope, Robert Andrew, D.D.S.
Riverside Heat & A/C & Petroleum
Schelling, Darlene K.
Travel House Of VA Inc.
W M Grace Inc.
1998 4/03/98 10.00 10.00
1998 4/02/98 65.95 65.95
1996-1997 Audit 32.00 6.69 38.69
1998 3/30/98 10,124.00 10,124.00
1998 3/11/98 10.00 10.00
1998 3/13/98 2,605.81 2,605.81
1998 2/25/98 377.34 377.34
1998 3/19/98 3,117.60 3,117.60
1998 4/07/98 134.16 134.16
1998 4/01/98 40.00 40.00
1998 3/11/98 10.00 10.00
1998 3/11/98 10.00 10.00
1995-1997 Audit 78.00 78.00
1996-1997 Audit 53.90 9.46 63.36
1996-1997 Audit 70.24 12.55 82.79
1996-1997 Audit 45.09 6.78 51.87
1998 3/31/98 559.64 559.64
1998 3/31/98 75.43 75.43
1998 3/11/98 10.00 10.00
1998 3/11/98 ' 10.00 10.00
1995-1997 Audit 566.85 212.09 778.94
1998 3/18/98 416.96 416.96
1998 3/11/98 10.00 10.00
1995-1997 Audit 27.27 27.27
1996-1997 Audit 310.71 47.62 358.33
1998 3/i 1/98 10.00 10.00
1998 3/11/98 10.00 10.00
1996-1997 Audit 11.95 2.50 14.45
1996-1997 Audit 70.00 8.59 78.59
This ordinance shall be effective from date of
adoption,
The above abatement(s) totaling $19,179,18
City of Virginia Beach on the 26
Philip J. Kellam
Commissioner of the Revenue
Approved as to form:
'L"'~li~ L, I illey
City Attorney
were approved by the Council of the
Hay
day of ,19
98
Ruth Hodges Smith
City Clerk
FORM NO. CM 5 REV. 11/91
CITY OF VIRGINIA BEACH
AGENDA REQUEST
To:
The Honorable Mayor
Members of the Council
From:
Subject:
James K. Spore
City Manager
License Refunds
AGENDA ON: May 26, 1998
NATURE OF ITEM:
Zoning/Use Permit Contract
Transfer/Appropriation; lSt/2"d Reading
X Other License Refunds
BUDGET SECTION: Amount $
Funding Source:
Recommendation:
Signature
HISTORY:
FACTS/DISCUSSIONS/OPTIONS:
Mr. Philip J. Kellam, Commissioner of the Revenue, has requested license refunds;
in the amount of $8,444.65. The City Attorney has reviewed the ordinance and
approved as to form.
Fiscal year-to-date license refunds: $959,121.41
ATTACHMENTS:
Listing of license refunds to be issued
Copies to:
Mr. Philip J. Kellam
Recommended Action: Council
Action:
Commissioner of the Revenue and City Attorney recommend approval.
Date:
Submitting Agency/Signature j~.~/// D/ACM: City
Commissioner of the R evenu~r~l~ M~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
Andre, Joel & Georgie M.
Boulevard Motel Corp.
Beach Auto Painting Inc.
Enterprises Leasing Co Norf/Rich
Help Unlimited Small Business
Herbert & Associates Ltd.
Imported Car Parts Phase I Inc.
Jackson, Barry
Moovies Inc.
Nobles, James F.
Rowan, Paul D.
R T R Credit Corp.
Turner, George E.
1997-1998 Audit 10.00 0.03 10.03
1998 4/28/98 2,524.54 2,524.54
1996-1997 Audit 361.51 67.65 429.16
1996-1998 Audit 168.28 168.28
1996-1997 Audit 29.99 2.71 32.70
1996-1997 Audit 816.00 96.65 912.65
1996-1997 Audit 26.95 2.34 29.29
1996-1997 Audit 33.57 4.20 37.77
1998 4/17/98 899.82 899.82
1996 Audit 56.05 10.54 66.59
1995-1997 Audit 2,486.77 228.05 2,714.82
1998 5/11/98 538.84 538.84
1996-1998 Audit 80.00 0.16 80.16
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $8,444.65
City of Virginia Beach on the 2F°
Philip'J. I~e'l[am -
Commissioner of the Revenue
Approved as to form:
City Attorney
were approved by the Council of the
day of 'lv]a~' ,19
98
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
A T Williams Oil Co. Inc,
Addenbrook Septic Tank Contr.
Annamax Ltd.
Apple South Inc.
Bayside Building Corp.
Bevacqua Enterprises Ltd.
Family Vision Ctr. Inc.
Ganther, Timothy G P C
Gissen, Linda R.
J Hoy Builders Inc.
Libra Corp.
1995-1997 Audit 6,809.57 1,284.99 8,094.56
1996-1997 Au d it 28.70 4.37 33.07
1995-1998 Audit 717.18 717.18
1995-1998 Audit 11,652.83 18.10 11,670.93
1995-1996 Audit 618.96 178.13 797.09
1996-1997 Audit 15.20 3.66 18.86
1996-1997 Audit 46.83 7.80 54.63
1996-1997 Audit 78.82 13.79 92.61
1996-1997 Audit 135.42 135.42
1995-1997 Audit 127.26 23.61 150.87
1996 Audit 114.43 17.73 132.16
Certified as to pay[~j~nt.~ ~/
Commissioner of the Revenue
Approved as to form:
City Attorney ,~
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling
of the City of Virginia Beach on the
$21,897.38
26
were approved by the Council
day of Nay ,19 98
Ruth Hodges Smith
City Clerk
ORM NO. C.A, 7
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:
NAME Tax Type Ticket Exonera- Date Penalty Int.
Year of Tax Number tion No. Paid
Total
~app, Betty F. 1998
Thames, Thomas I~ & Helen 1998
Thames, Thomas II'& Helen 1998
Alexander, Hermine & J. Wenze11998
Countrywi'de Funding Corp. 1998
Williams, j. Dawn 1998
Stange, F. Charles 1998
Malbon Brothers Petroleum LLC 1998
M~lbon Brothers Petroleum L[C 1998
Bright, Bonney G. 1997
Bright, Bonney G. 1997
Bright, Bonney G. 1995
Bright, Bonney G. 1996
Bright, Bonney G. 1996
Bright, Bonney G. 1996
Twin B Auto 1997
Twin B Aato 1997
Twin B Auto 1998
Twin B Auto 1996
Twin B Auto 1996
Twin B Aato 1995
Twin B Auto 1-995
Wetmore, Anita F. 1998
Miller, Jerrold L. 1998
RE(l/2) 98-076495-5 11/10/97
RE(l/2) 98-121015-0 12/03/97
RE(2/2) 98-121015-0 12/03/97
RE(l/2) 98-001487-3 12/03/97
RE(l/2) 98-098526-2 12/03/97
RE(l/2) 98-132178-0 12/05/97
RE(l/2) ~8-116145-3 12/04/97
RE(l/2) 98-075824-9 12/05/97
RE(l/2) 98-075826-7 12/05/97
RE(l/2) 97-013591-2 12/05/96
RE(2/2) 97-013591-2 09/18/97
RE(l/2) 95-013219-6 12/05/94
RE(2/2) 95-013219-6 06/05/95
RE(l/2) 96-013391-5 12/05/95
RE(2/2) 96-013391-5 06/05/96
RE(l/2) 97-120739-8 12/05/96
RE(2/2) 97-120739-8 05/30/97
RE(l/2) 98-121368-3 11/25/97
RE(l/2) 96-119376-9 11/30/95
RE(2/2) 96-119376-9 06/05/96
RE(l/2) 95-117807-3 12/05/94
RE(2/2) 95-117807-3 06/05/95
RE(l/2) 98-136954-1 12/30/97
RE(l/2) 98-061370-7 01/28/98
12.20
61.00
61.00
64.78
475.74
305.00
213.50
77.28
109.64
7~40
14.42
6.26
6.26
6.63
6.63
56.50
56.50
283.05
541.01
541.01
519.15
519.15
957.70
1957;74
Total;
$6,859,55
This ordinance shall be effective from date of adoption.
Theabove a:b~tement(s) totaling
$6,859.5.~ were approved by
the Council of the City of Virginia
Beach on the 26_day of Nay, '199.8
Ruth Hodges Smith
City Clerk
Ap
~~.~_ m~rt'h das to pa ment;
~n ~. ~tl~idson', Treasurer
~oved as to form:
Le~r'~ E. Lill(~y-~Oity A~
Item V-I.
- 28-
PUBLIC HEARING
ITEM # 43597
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. THE SOUTHLAND CORPORATION
MODIFICATION TO
THE GREEN R UN LAND USE
2. MARK R. LICHTENSTEIN
STREET CLOSURE
3. BAYVILLE FARMS ASSOCIATES, L.C.
STREET CLOSURE
4. DOUGLAS W. AND AL VIN P~ YOUNG
CONDITIONAL USE PERMIT
May 26, 1998
Item
- 29 -
PUBLIC HEARING
ITEM # 43598
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in one
motion Items 2 and 4 of the PLANNING BY CONSENT.
Item 2 was AUTHORIZED FOR WITHDRAWAL, BY CONSENT.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 26, 1998
Item V-I. 1.
- 30-
PUBLIC HEARING
ITEM # 43598
PLANNING
Steve Romine, 4705 Columbus Street, Phone: 552-6031, represented the applicant
Philip Capers, 1659 Fairfax Drive, Phone; 416-1803, spoke in OPPOSITION.
Correspondence from Priscilla M. Beede, President - Green Run Homes Association, reflecting concerns
was distributed to City Council Members and is hereby made a part of the record.
A MOTION was made by Council Lady McClanan, seconded by Council Lady Parker to DENY the
Ordinance upon application of THE SOUTHLAND CORPORATION for a Modification to the Green
Run Land Use Plan.
A SUBSTITUTEMOTION was made by Vice Mayor Sessoms, seconded by Councilman Branch to ADOPT
an Ordinance upon application of THE SOUTHIMND CORPORA TlON for a Modification to the Green
Run Land Use Plan.
Voting:
4-5 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, HaroM Heischober and
Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
Barbara bt. Henley Reba S. McClanan, Mayor Meyera E. Oberndorf
Nancy K. Parker, and Louisa M. Strayhorn
Council Members Abstaining:
William W. Harrison, Jr.. and Louis R. Jones
Council Members Absent:
None
Councilman Harrison ABSTAINED as his law firm provides legal services to the land owner who has
contracted to sell the property to the applicant.
Councilman Jones ABSTAINED as he is Director of a Bank related to this application.
May 26, 1998
Item V-L1.
PUBLIC HEARING
-31 -
ITEM # 43598 (Continued)
PLANNING
Upon motion by Council Lady McClanan, seconded by Council Lady Parker, City Council DENIED the
Ordinance upon application of THE SOUTHLAND CORPORA TION for a Modification to the Green Run
Land Use Plan:
ORDINANCE UPON APPLICATION OF THE SOUTHLAND
CORPORATION FOR AN AMENDMENT TO THE GREEN RUN LAND
USE PLAN TO ALLOW GASOLINE SALES IN CONJUNCTION WITH A
CONVENIENCE STORE AND A CAR WASH
Ordinance upon application of The Southland Corporation for an
Amendment to the Green Run Land Use Plan to allow gasoline sales in
conjunction with a convenience store and a car wash on certain property
located at the northeast corner of South Independence Boulevard and
Lynnhaven Parkway. Said parcel contains 2.414 acres. PR1NCESS ANNE
BOROUGH.
Voting: 6-3
Council Members Voting Aye:
John A. Baum, Barbara M. Henley Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker, and Louisa RI. Strayhorn
Council Members Voting Nay:
Linwood O. Branch, III, Harold Heischober and Vice Mayor William D.
Sessoms, Jr.
Council Members Abstaining:
William W. Harrison, Jr.. and Louis R. Jones
Council Members Absent:
None
Councilman Harrison ABSTAINED as his law firm provides legal services to the land owner who has
contracted to sell the property to the applicant.
Councilman Jones ABSTAINED as he is Director of a Bank related to this application.
May 26, 1998
- 32 -
Item VJ.2.
PUBLIC HEARING
ITEM # 43599
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council AUTHORIZED
WITHDIL4WAL Application of MARK R. LICHTENSTEIN for the discontinuance, closure and
abandonment ora portion of Sydnor Street:
Petition of Mark R. Lichtenstein for the discontinuance, closure and
abandonment of a portion of Snydor Street beginning at the southern
boundary of 55tn Street and running in a southerly direction a distance of
105.10 feet along the eastern boundary of Snydor Street. Said parcel is
variable in width and contains 4,102 square feet. LYNNHAVEN
BOROUGH.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 26, 1998
Item V-I.3.
- 33 -
PUBLIC HEARING
ITEM # 43600
PLANNING
Rick Matthews, 192 Ballard Court, Phone: 490-3000, represented the applicant
George F. Sutton, 2853 Virginia Beach Boulevard, Suite 106, Phone: 340-1251, represented McClesky and
Associates, spoke in OPPOSITION relative closure of 60foot at top of First Court Road.
Upon motion by Councilman Jones, seconded by Councilman Baum, City Council APPROVED the
Application of BA YVILLE FARMS ASSOCIATES, L.C. for the discontinuance, closure and abandonment
of a portion of First Court Road:
Petition of BAYVILLE Farms Associates, L.C., for the discontinuance,
closure and abandonment of a portion of First Court Road beginning at the
southern boundary of Shore Drive and running in a southeasterly direction
a distance of ll65.07feet. Saidparcel contains 1.42 acres. BAYSIDE
BOROUGH.
ThefOllowing conditions shall be required:
The portion of First Court Road shall not be closed until such
time as the improvements to the Shore Drive/Baylake Road and
Baylake Road/First Court Road intersections, planned as a part
of CIP Project (2-133 Shore Drive Intersections), have been
completed.
The City Attorney's Office will make the final determination
regarding ownership of the underlying fee. The purchase price
to be paid to the City shall be determined according to the
"Policy Regarding Purchase of City's Interest in Streets
Pursuant to Street Closures, "approved by City Council. Copies
of the policy are available in the Planning Department.
The applicant is required to resubdivide the property and vacate
internal lot lines to incorporate the closed area into the
adjoining parcels. The plat must be submitted and approved for
recordation prior to final street closure approval.
The applicant is required to verify that no private utilities exist
within the right-of-way proposed for closure. If private utilities
do exist, easements satisfactory to the utility company, must be
provided.
Closure of the right-of-way shall be contingent upon compliance
with the above stated conditions within 180 days of approval by
City Council (24 November 1998).
May 26, 1998
Item V-I.3.
- 34 -
PUBLIC HEARING
ITEM # 43600 (Continued)
PLANNING
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M.
Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K. Parker,
Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
Reba S. McClanan
Council Members Abstaining:
William W Harrison, Jr.
Council Members Absent:
None
Councilman Harrison ABSTAINED his law firm provides legal services to Bayville Farms Associates.
May 26, 1998
- 35 -
Item V-I. 4.
PUBLIC HEARING ITEM # 43601
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED Ordinance
upon application of DOUGLAS W. and AL VIN R. YOUNG for a Conditional Use Permit for an automotive
repair establishment:
ORDINANCE UPON APPLICATION OF DOUGLAS W. AND ALVIN R.
YOUNG FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE
REPAIR ESTABLISHMENT RO$982192
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Douglas & Alvin R. Young for a
Conditional Use Permit for an automotive repair establishment on the
south side of Witchduck Court, west of Witchduck Road. Said parcel is
located at 5127 Witchduck Court, Unit #101, and contains 1728 square
feet. BAYSIDE BOROUGH.
The following conditions shall be required:
1. There will be no outside storage of automobiles.
2. All work is to be performed indoors with the bay door closed at
all times except when taking cars in and out of the building.
3. Work will be limited to minor auto repair such as oil changes,
brake jobs, and tune-ups; no vehicle painting or body repair
work is permitted.
4. No changes to the exterior of the building will be permitted.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~_ -sixth of May, Nineteen
Hundred and Ninety-Eight.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 26, 1998
Item V-J. 1.
- 36-
APPOINTMENTS
ITEM # 43602
Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED:
ARTS AND HUMANITIES COMMISSION
Leonette S. Adler
Sharon L. Fraim
Manuel Abuan Hipol
Elliott Christian Jones, Ph.D.
Sheila Ports Price
John Morgan Ryan, P.C.
Warren E. Sachs, D.D.S.
Two-Year Terms
7/1/98 thru 6/30/2000
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba $. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 26, 1998
Item V-J. 2.
-37-
APPOINTMENTS
ITEM # 43603
Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED:
SPORTS AUTHORITY OF HAMPTON ROADS
Walter James Wilkins
Four-Year Term
06/01/98 Thru 05/31/2002
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William IV. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba $. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 26, 1998
Item L. 1.
- 38 -
NEW BUSINESS
ITEM # 43604
BY CONSENSUS, City Council ACCEPTED FOR RECORDATION:
ABSTRA CT OF VOTES
City of Virginia Beach General Election (Councilmanic)- May 5, 1998
Councilman Baum inquired relative the meaning of "Invalid Write-Ins ". The City Attorney will advise.
May 26, 1998
.;, RSTRACT OF VOTES
cast in the City of Virginia Beach
at the May 5, 1998 General Election, for:
,Virginia,
MEMBER
CITY COUNCIL
At Larqe (2 seat)
ENTER AT lARGE OR AJ~ROI=RIATE DISTRICT OR WARD NAME
~s oF CA.O=A =S ON ~or
Nancy K. Parker
R. L. "Buddy" Riggs
W. D. "Will" Sessoms,
ToT~ Vo1~$
fl. F~eu~s)
19,005
12,246
Jr. 20,251
CONTINU~ CAND~AZ'F~ AND~ Wit.12~.~ Cff~FIFICAFiON ON ~ ~ID~
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit
Court of the elecgon held on May 5, 1998, do hereby certify that the above is a true and correct Abstract of Votes cast
at said election and do, therefore, determine and declare that the follov~ng person(s) has (have) received the greatest
number of votes cast for the above office in said election:
Nancy K. Parker
W. D. "Will" Sessoms, Jr.
Given under our hands this
~ copy teste:
7th day of May, 19~8~..,
,,~ , Chairmen
L~~__~ , Vice Chairman
-- , Secretary
(~--\ ~'-~ (~ ~ ~ ~~ ..Secretary, Electoral Board
l~Iember, City Council
At Large (2 seat)
ENTER AT LARGE OR AI::F:ROPRIATE DISTRICT OR WARD NAME
May 5, 1998
General Election
Page 2 of 2
~VAME$ OF CANDIDATES ON
TOTAL VOTES
R~C.~n,EO
(IN F~,~Esl
Total Write-In Votes [SEE CERTIFICATION] ...................
81
WRITE-INS CERTIFICATION
City of Virginia Beach
General Election
M~mh~_r. City Council
OFFICE TITLE
At- T.arae (2 seat)
ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
Write-Ins
[LIST IN ALPHABETICAL ORDER]
May 5, 1998
Page I of 3
VOTES
RECEIVED
Invalid Write-Ins ............................. 54
Betsy Rawls Aqelasto ...... 1
Albert Balko ...... 1
Edward Batkins III ...... 1
Donald F. Bennis ...... 2
Daniel J. Brennan 1
Karl D. Clark 1
CONTINUED ON PAGES 2 THROUGH 3
We, the undersigned Electoral Board, upon examination of the official records deposited' with the Clerk of the
Circuit Court of the election held on May 5. !998, do hereby certify that, with the continuation pages indicated,
the above is a true and correct certification of the write-in votes cast at said elect/on for the office indicated
abov~
Given under our hands this 7th day of May, 1998.
A copy teste:
, Chairman
Vice Chairman
,Secretary
S~=~retary, Electoral Board
WRITE-INS CERTIFICATION
City of Virginia Beach
General Election
Member, City Council
OFFICE T~
At Large (2 seat)
ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
May 5, 1998
Page 2 of 3
Write-Ins
[LIST IN ALPHABETICAL ORDERI
Scott Clotsle¥
Ramon Colorado, Jr.
Vernon Fix
Fred Flihtstone
Sandra R. Harrelson
Tim Jackson
Forrest C. Karnes
Christopher Leverette
R. C. "Bob" Mandigo, Jr.
Don Marshall
None of the above
David Paul
John Smith
Michael Ken't' ~t~il~i:ngs
TOTAL VOTES
RECEIVED
(IN F~aui;zs)
2
1
2
1
1
1
1
1
2
1
1
1
1
1
WRITE-INS CERTIFICATION
City of,, Virginia Beach
General Election
Member, City Council
OFFICE TITLE
At Large (2 seat)
ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
May 5, 1998
Page 3 of 3
Write-Ins
[LIST IN ALPHABETICAL OROERJ
Preston K. Stallings
Doug E. Thompson
Kasha A. Winston
TO TAL Vo TES
RECEIVED
FIN FIOURES)
1
1
ABSTRACT OF VOTES
cast in the City of Virginia Beach
at the May 5, 1998 General Election, for:
· Virginia,
MEMBER
CITY COUNCIL
Bayside District (1 seat)
ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
NAHE$ OF CANDIDAI~ ON
., Louis R. Jones
TOTA~ VotEs
(IN Fw, oRes;
24,317
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit
Court of the elecffon held on May 5, 1998, do hereby certify that the above is a true and correct Abstract of Votes cast
at said election and do, therefore, determine and declare that the following person(s) has (have) received the greatest
number of votes cast for the above office in said election:
Louis R. Jones
Given under our hands this 7 t h day of May, 1998.
,4 copy teste: ~~?.~
j/~n~~~~- '~~ ,Secretary
'"'~'~ /"/~ , '--,--.V'--~ ~/0 .--'3 ,~. retary, Electoral Board
Member, City Council
Bavside District (1 seat)
~NT£R A~I' ~ARC.~E OR APPROPRIATE DISTRICT OR WARD .,au"VIE
May 5, 1998
General Election
Page 2 of 2
NAMES OF CANDIDATES ON I:IAIAOT
TOTAL VOTES
RECeiVED
Total Write-In Votes [SEE CERTIFICATION] ...................
327
WRITE-INS CERTIFICATION
City of. Virainia Beach
Member, City Council
OFFICE TIT~
Bays/de District (1 seat)
~T~AT~RGEORAPPROPRIATEDISTRICTORWARONAME
General Election
May 5, 1998
Page 1 of 4
Write-ins
lUST IN ALPHABETICAl. ORDER!
TAt VOTES
R£CE;VED
Invalid Write-Ins
Any Libertarian
A1 Balko
Edward Batkins III
Bays/de Rec Center
Parker J. Bena
John Barney
268
1
1
1
1
CONTINUED ON PAGES 2 THROUGH .., 4
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the election held on/Play 8, !998, do hereby certify that, with the continuation pages indicated,
the above is a true and correct certih'cation of the write-in votes cast at said election for the office indicated
above.
Given under our hands this ~ day of May, 1998.
A copy testa:
, Chairman
_, Vice Chairman
,Secretary
Secretary, Electoral Board
WRITE-.EVS CERTIFICATION
City of Virginia Beach
Member, City Council
OFFICE T~
Bayside District (1 seat)
ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
General Election
l~ay 5, 1998
Page ..2,__. of 4
Write-Ins
[LIST IN ALPHABETICAL ORDER]
Carol Blackman
Benjamin H. Cabiao
Richard Cheliras
Robert Louis Claffy, Jr.
Bruce Clark
Scott Clotsley
Ramon Colorado, Jr.
Larry Conner, Jr.
Robert Dean
Vernon Fix
GarY Foley
Frankenstein
Robert G. Friend
Edward R. Friend
TO TAL Vo TE$
~:~ECEIVED
(IN
1
1
1
6
1
1
1
1
1
2
1
1
1
1
WRITE-INS CERTIFICATION
City of.. Virginia Beach
General Election
Member, City Council
OFFICE TITLE
Bayside District (1 seat)
ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
lYf. ay 5, 1998
Page .. 3 of .,, 4
Write-Ins
lUST IN ALPHABETICAL ORDERJ
Michele Gaulden
Joseph V. Greene
Greenway
William Horton
Archie Johnson
Dan R. Lowe
Don Marshall
John S. Moscoe
Tim Nichols
No Confidence
No One
John Oliver
Dr. A Ong
Jim Orlando
TOTAL VOTES
RECEIVED
(IN FIOU;ES;
2
1
1
1
3
1
1
1
1
1
1
1
1
WRITE-INS CERTIFICATION [CO T uEol
City of Virqinia Beach
General Election
_ Member, City Council
OFFICE TITLE
B~yside District (1 seat)
ENYER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
1VIay 5, 1998
Page, 4 of 4
Write-Ins
[LIST IN ALPHABETICAL OROER!
Lou Pace
Rec Center Access
Rec Center
Tim Rivas
Will Rogers
Kenneth L. Saunders
John Smith
Charlotte Smith
Somebody Else
Micheal L. Stallins
Carolyn Trostman
Leo Wardrup
Barbara West
Lewis E. Winston III
TO TA/. Vo rES
RECEIVED
(IN
2
1
1
1
1
1
1
1
1
ABSTRACT OF VOTES
cast in the City of Virginia Beach
at the May 5, 1998 General Election· for:
· Virginia·
MEMBER
CITY COUNCIL
Beach District (1 seat)
Linwood O. Branch III
TOTA4 VO~E$
R~C~V~O
(l~V F~U~S)
25,028
CON2'JN~JZ C4N~fDX_~S XN~/Oe wan~.&w c~z~;c4~;oN oN ~ ~z~z
We, the undersigned Electoral Board, upon exam/nation of the official records deposited with the Clerk of the Circuit
Court of the elecgbn held on May 5, 1998, do hereby certify that the above is a true and correct Abstract of Votes cast
at said election and do, therefore, determine and declare that the following person(s) has (have) received the greatest
number of votes cast for the above office in said election:
Linwood O. Branch III
Given under our hands this
A copy teste:
7th
day of May, 1998.
Vice Chairman
/~AI~-~ ~ ,Secretary
, ~~ 5.3cretary, Electoral Board
Member, City Co,,ncll
Beach District (1 seat)
IENTER ,AT LA.qGE OR APPROPRIATE DISTRICT OR WARD NAME
May 5, 1998
General Election
Page 2 of 2
~VAttiE$ OF CANDIOATE$ ON BAZLOT
Torm VOTES
flay F~aua~s,I
Total Write-In Votes [SEE CERTIFICATION] ...................
276
WRITE-INS CER TIF!CA TION
City of virginia Beach
Member, City Council
OFFICE TIT~
Beach District (1 seat)
ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
General Election
May 5,1998
Page 1 of 4
Write-Ins
~UST IN ALPHABETICAl. ORDER~
TOTAZ VOTES
RECETVED
(IN F~ou~;s)
Invalid Write-Ins
Richard Anoia
223
Any Libertarian
A1 Balko
Ragan Batkins
E. E. Brickell
Lamoht Brown
~NTINU~ONPAG~,,
2 THROUGH 4
We, the undersigned Electoral Board, upon exam/nat/on of the off/cia/records deposited with the Clerk of the
Circuit Court of the elect/on held on May 5, !$$8, do hereby certify that, with the continuation pages/nd/cared,
zhe above is a true and correct certiffcat/on of the write-in votes cast at said elect/on for the office indicated
abov~
Given under our hands ~is .,,
A copy teste:
7th
day of May, 1998.
~ , Chairman
'~~~ , Vice Chairman
~--~ , Secretary
~'~ecretary, Electoral Board
WRITE-INS CERTIFICATION
City of Viroinia Beach
General Election
M~mher. City Council
OFFICE TITLE
Beach District (1 seat)
ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
l~Iay 5, 1998
Page 2 of 4
Write-Ins
lUST IN ALPHABETICAl ORDER!
Bugs Bunny
Benjamin H. Cabiao
Sdott Clotsley
Ramon Colorado, Jr.
Richard Corliss
Robert Dean
John Doe
Kerr~ Dougherty
Vernon Fix
Frank
Frank Infinite Possibilities
John Galt
Gale Grant
TOTAL VOTES
RECEIVED
(IN Fmu~s)
1
1
2
1
2
1
1
1
1
Joseph V. Greene
WRITE-iNS CERTIFICATION
City of Virqinia Beach
'Membert City Council
OFFICE
Reach District (1 seat)
~TERAT~RGEORAPPROPRIATEOISTRICTORWARD NAME
[CONTINUEDJ
General Election
May 5, 1998
Page ~ of, 4
Write-Ins
[LIST IN ALPHABETICAL ORDERJ
Carol Harrell
Russ Helgrin
Norma Kohn
Ray Larerdiere
Joseph N. Laughlin
Steven Allan Marshall
Don Marshall
Clarence McPherson
No Confidence
Dr. A. Ong
Jim Orlando
Norman Pipkin
David Pocatia
Joe Polish
TOTAl VOTES
RECEIVED
(IN FIOU~ES)
2
1
1
1
2
1
1
1
1
1
1
1
1
WRITE-iNS CERTIFICATION
City of Virginia Beach
Member, City Council
OFFICE TITLE
Beach District (1 seat)
ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
[CONTINUED]
General Election
May 5, 1998
Page .4 of 4
Write-Ins
[LIST IN ALPHABETICAL ORDERJ
Deborah Rassir
Charlotte Smith
John Smith
Someone Else
Daniel p. Sykes
Doug E. Thompson
Tracy Gibson's Dog
Leo Wardrup
Christina West
Paul West
Claude S. Whitehurst
J. Pope Woodard
Woody Woodpecker
To TAt Vo
REC£/VED
fin FtOURES)
1
1
1
1
2
1
1
1
1
1
1
ABSTRACT OF VOTES
cast in the City of Virginia Beach
at the May 5, 1998 General Election· for:
· Virginia·
MEMBER
CITY COUNCIL
Centerville District (1 seat)
EN~RATLARGEORAPPROmlATEDISTRICTORW~DN~E
N~soFCA~o~A~SO#~zzor
Margaret L. Eure
Forres~ C- Karnes
TOTAZ Vo~z$
(IN F~Ous~s)
21,425
4,445
We, the undersigned Electoral Board, upon examination of the o~cial records deposited with the Clerk of the Circuit
Court of the elecb'on held on May 5, 1998, do hereby certify that the above is a true and correct Abstract of Votes cast
at said election and do, therefore, determine and declare that the following person(s) has (have) received the greatest
number of votes cast for the above office in said election:
Margaret L. Eure
Given under our hands this ~ day of May, 1998.
· 4 co, oF teste:
Member, City Co,]ncil
Centerville District (1 seat)
ENTER AT LARGE OR APPROPf=IIATE DISTRICT OR WARD NAME
May 5, 1998
General Election
Page 2 of 2
~[AMES OF CANDIDATES ON
TOTAL VOTES
RICE, rED
(IN FW, ORES;
Total Write-In Votes [SEE CERTIFICATION] '
95
WRITE-1ArS CER TIFiCA T~ON
City of v__~inia Beach
~ncil
OFFICE
~rville District (1 seat)
~A?~RGEORAPPROP"IA?EDI$~.IC?O. WARONA~E
General Election
May 5, 1998
Page 1 of ~
Write-Ins
/L/ST IN ALPHABETICAl. ORDERJ
Invalid Write-Ins
~rian
-~~~Jr.
-a~ss
Jr.
To TAt VO
RECEIVEO
fin
77
We. the undersigned Electoral Board, upon exam/nation of the official records deposited with the Clerk of the
Circuit Court of the election held on May 5, 1955, do hereby certify that, w/th the continuation pages indicated,
the above is a true and correct certification of the write-in votes cast at said election for the office indicated
above.
Given under our hands this ~ day of May, 195~.
A coPF te~te:
Vice Chairman
~~ Q~_~--__, Secretary
' ary, Electoral Board
WRITE-EVS CERTIFICATION
City of Virginia Beach
Member, City Council
OFFICE TITLE
Centerville District
ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
General Election
May 5, 1998
Page 2 of 2
Write-Ins
lUST IN ALPHABETICAL OROERJ
John Galt
Jacqueline Gerhardt
John McLaughlin
No Confidence
None of the above
Rip Tide
Sylvester Smith
Somebody else
Michael Kent Stallings
Sabrina West
TOTAL VOTES
RECEIVED
(IN F~ou~zs)
1
2
2
1
1
1
1
1
1
.,4RSTRACT OF VOTES
cast in the City of Virginia Beach
at the May 5, 1998 General Election, for:
· Virginia·
MEMBER
CITY COUNCIL
Kempsville District (1 seat.)
ENTER AT lARGE OR APPROPRIATE DISTRICT OR WARD NAME
#~s o~ c~.om~TEs o# a~,,or
Louisa M. Strayhorn
A. M. "Don" Weeks
TOTA4 VOTES
(I. F~ou~s;
14,449
16,801
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit
Court of the elecffon held on May 5, 1998, do hereby certify that the above is a true and correct Abstract of Votes cas
at said election and do, therefore, determine and declare that the follow~n erson s has 'hav, t
· ' 'gP ~ ') (~ e) received the greatest
number of votes cast for the above office in said election:
A. M. "Don" Weeks
Given under our hands this
,4 copy teste:
7th day of May, 1998.
Chairman
Chairman
, Secretary
-~~-~A/'-~ ~ Secretary, Electoral Board
~Iember, City Co,,-cil
Kempsville District (1 seat)
ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
May 5, 1998
General Election
Page 2 of 2
JVAME$ OF CANDIDATES ON BALLOT
Total VoTEs
fay F~au~s)
Total Write-In Votes [SEE CERTIFICATION] ...................
WRITE-ZNS CER TIFICA TION
City of_ Virqinia Beach
Member, City Council
OFFICE TIT~
Kempsville District (1 seat)
~T~Ar~RGEORAPPROPRIA?EDI$?RICTORWARONAME
General Election
May 5, 1998
Page 1 of 2
Write-Ins
lUST IN ALPHABETICAl ORDERJ
Invalid Write-Ins
Benjamin H. Cab/au
Scott Clotsley
Gary Foley
Rae Leseine
Harry I. McBrien
TOTAl VO
RECE/VED
Dr. A. Ong
40
CONTINUED ON PAGES~ THROUGH 2
We. the undersigned Electoral Board. upon exam/nat/on of the official records deposited with the Clerk of the
Circuit Court of the election held on May 5, !998. do hereby certify that, w/th the continuation pages indicated,
the above is a true and correct certfffcat/on of the write-in votes cast at said election for the off/ce indicated
above.
Given under our hands th/s 7th day of May, 1998.
A copy teste:
, Vice Chairman
WRITE-EVS CERTIFICATION
City of Virqinia Beach
General Election
Member, City Council
OFFICE T~
Kempsville District
ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
1V/ay 5,1998
Page 2 of 2
Write-Ins
lUST IN ALPHABETICAL ORDER]
Michael Joseph Posta III
Jeraldine Tata
Breck Wood
TOTAL VOTES
RECEIVED
(1# F~ounEsl
1
2
1
1
Yellow Doq
ABSTRACT OF VOTES
cast in the ~ of Virginia Beach
at the Nlay 5, 1998 General Election· for:
· Virginia,
MEMBER
CITY COUNCIL
Lynnhaven District (1 seat)
ENTER AT LARGE OR API=ROPRiATE DISTRICT OR WARD NAME
TOTAt VOLES
#~s o~ C~VO~oAr~s O# ~or Re~eo
(1~ F~us~s;
W. W. "Bill" Barrison, Jr. 20,064
John O. Parmele, Jr.
8,926
We, the undersigned F-Jectoral Board, upon exam/nat/on of the official records deposited with the Clerk of the Circuit
Court of the elecb'on held on May 5, 1998, do hereby certify that the above is a true and correct Abstract of Votes cast
at said election and do, therefore, determine and declare that the following person(s) has (have) received the greatest
number of votes cast for the above office in said election:
_ W. W. "Bill" Harrison, Jr.
Given under our hands this 7 th
· 4 copy teste:
day of May, 1998.
, Chairman
Vice Chairman
,Secretary
S.~.cretary, Electoral Board
Member, City Council
Lvnnhaven Distr±ct (1 seat)
ENT[R AT LARGE OR AF~ROPRIATE DISTRICT OR WARD NAME
May 5, 1998
General Election
Page 2 of 2
~VAMES OF CANDIDATES ON ~4I.&OT
TOTA~ VOTES
RECEIVED
Total Write-In Votes [SEE CERTIFICATION] ...................
128
WRITE-INS CERTIFICATION
City of Virginia Beach
Member, City Council
OFFICE TIT~
Lynnhaven District (1 seat)
ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
General Election
May 5, 1998
Page 1 of 2
Write-Ins
lUST IN ALPHABETICAl. ORDER]
TO TAL Vo }'ES
R£C~ZVEO
lIN
Invalid Write-Ins
Albert Balko
77
38
Daffy Duck
1
Sandra R. Harrelson 1
Archie Johnson
1
Don Marshall
1
J. Henry McCoy
2
CONTINUED ON PAGES 2 THROUGH 2
We, the undersigned Electoral Board. upon exam/nation of the off/cia/records deposited with the Clerk of the
Circuit Court of the election held on May 5. 1998. do hereby certify that, w/th the continuation pages/nd/cared,
the above is a true and correct certification of the write-in votes cast at said election for the office indicated
above.
Given under our hands this ~ day of May, 1998.
copy teste:
~Vice Chairman
Secretary
Secretary, Electoral Board
WRITE-17V'S CERTIFICATION
City of Virginia Beach
General Election
Member. City Council
OFFICE TITLE
May 5, 1998
T.vnnhav~n District (1 seat)
ENTE~R AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
Page 2 of 2
Write-Ins
lUST IN ALPHABETICAL ORDERJ
Mickey Mouse
Dr. A. Ong
Susan Potter
Henry Ryto
Sonny Stallings
Janet Vest
TOTAl. VOTES
RECEIVED
(IN F/oo~t~s)
1
2
1
1
ABSTRACT OF VOTES
cast in the City of Virginia Beach
at the May 5, 1998 General Election, for:
, Virginia,
MEMBER
CITY COUNCIL
Princess Anne District (1 seat)
liIAME$ OF CANDIDATES ON ~ALLOT
_ Barbara M. Henley
T. "Tim" Jackson
TOTAL VOTES
REC.~JVEO
(1~ F~c, uses;
19,131
12,308
CO, lV2'lNt~ CAND~Z~.,~'~ .4ND/oJ~ wP. rx'E. iN CZ~2'IFiC. A~ION ON ~ ~'D~
We, the undersigned Electoral Board, upon examination of the official records deposited w~th the Clerk of the Circuit
Court of the elecW'on held on May 5, 1998, do hereby certify that the above is a true and correct Abstract of Votes cast
at said election and do, therefore, determine and declare that the follovWng person(s) has (have) received the greatest
number of votes cast for the above office in said election:
Barbara M. Henley
Given under our hands this_ 7 th
· 4 copy teste:
day of May, 1998.
, Chairman
· ~ Chalrman
Member, City Council
Prl n~.q.q Anne District
seat)
May 5, 1998
General Election
Page 2 of 2
~/A~E$ OF CANDIDATES ON
TOTA4 VOTES
(IN Frauds;
Total Write-In Votes [SEE CERTIFICATION] ...................
43
WRITE-INS CER TIFICA TION
City of Virqinia Beach
Member, City Council
OFFICE TIT~
Princess Anne District (1 seat)
~?~AT~RGEORAPPROPRIATEDISTRICTORWARDNAME
General Election
May 5,1998
Page 1 of 2
Write-ins
[LIST IN ALPHABE"rlCAL ORDER]
TO TAt VOTES
RECEIVED
fin Fz~nesl
Invalid Write-Ins
Charles Atkinson
31
1
William Bischoff
Bernie Brown, Jr.
Scott Clotsley
John Galt
1
Paul Lanteigne
2
CON?INUED ON PAGES., 2 THROUGH 2
We. the undersigned Electoral Board, upon exam/nation of the off/c/al records deposited with the Clerk of the
Circuit Court of the elect/on held on May 5, 1998, do hereby certify that, with the continuation pages indicated,
the above is a true and correct certification of the write-in votes cast at said e/ect/on for the office indicated
abov~
Given under our hands this_ 7th
day of May, 1998.
A copy teste:
2_. ~"~. ~') . Chairman
~Z/~ , Vice Chairman
,Secretary
Secretary. Electoral Board
WRITE-ZNS CERTIFICATION
City of Virqinia Beach
General Election
Member, City Council
OFFICE TITLE
Princess Anne District (1 seat)
ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
1VIay 5, 1998
Page, 2 of 2
Write-Ins
[LIST IN ALPHABETICAL ORDERJ
Marlena Moreau
H. L. "Les" Powell
A1 Sokolik
TO TAL Vo TE$
RECEIVED
(l~v F~u~s;
1
1
.,4 RST. RACT OF VOTES
cast in the City of Virginia Beach
at the May 5, 1998 General Election· for:
· Virginia·
MEMBER
CITY COUNCIL
Rn.~_ Hall District (1 seat)
ENTER AT IAROE OR AR~OPRIATE DISTRICT OR WARD NAME
~I~AME$ OF CANDIDATES OAt BAllOt
Reba S. McClanan
TOTAL VOTES
REc. z~vzo
(l~v FmuREsJ
25,945
We, the undersigned Electoral Boanf, upon exam[nation of the official records dopo$/ted with the Clerk of the Circuit
Cou~ of the e/e,~bn held on May 5, 1998, do hereby certify that the above is a true and correct Abstract of Votes cast
at said e[ection and do, therefore, determine and decJare that the fo#owing person(s) has (have) rece[ved the greatest
· number of votes cast for the above office in said election:
_ Reha S. Mc~lanan
Given under our hands this
,4 copy teste:
7th day of May, 1998.
zf [
, Chairman
, Vice Chairman
, Secretary
--Secretary, Electoral Board
Member, City Council
Rose Hall District ( 1 seat)
ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
May 5, 1998
General Election
Page 2 of 2
tVAMES OF CANDIDATES ON
7'OTAL VOTES
RZC~Vet~
(IN FI~JRES)
Total Write-In Votes [SEE CERTIFiCATION]
242
WRITE-INS CER TIFICA TION
City of Virginia Beach
Member, City Council
OFFICE TIT~
Rose Hall District (1 seat)
ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
General Election
May 5, 1998
Page 1 of
Write-Ins
[LIST IN ALPHABETICAL OROERJ
TOTA4 VOTES
RECEIVED
Invalid Write-Ins
Absolutely No
Confidence
2O8
Any Libertarian
Albert Balko
Ra~an Batkins
Keith Billings
SCott Clotsley
CONTINUED ON PAGES ~ THROUGH 3
We. the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the election held on May 5, !955, do hereby certify that, with the continuation pages indicated,
the above is a true and correct certification of the write-in votes cast at said elect/on for the office indicated
abov~
Given under our hands this.
A copy teste:
7th
day of May, 1998.
.~~~/0~ ~ ,~¢retary, Electoral Board
, Chairman
, Vice Chairman
, Sec~-~ary
WRITE-INS CERTIFICATION [com-i~uEo!
City of Virginia Beach
General Election
Member, City Council
OFFICE TITLE
Rose Hall District (1 seat)
INTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
May 5, 1998
Page 2 of 3
Write-Ins
IL,ST I. ALPHABETICAL ORDERJ
Ramon Colorado, Jr.
Daffy Duck
Fat Lady
Vernon Fix
John Galt
Theodore Hairsine
Salma Hayck
Barbara Henley
Garry Hubbard
Archie Johnson
Keith Kephart
Frank Kerestesy
Don Marshall
TOTAL Vo TE$
RECEIVED
(IN FloUR,S)
1
1
1
1
1
2
1
1
1
1
1
1
Ally McBeal
WRITE-INS CERTIFICATION [CO lNUEOl
City of
Virginia Beach
General Election
Memberw City Council
OFFICE TITLE
RQse Hall District (1 seat)
ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
May 5, 1998
Page, 3 of.3
Write-Ins
lust IN ALPHABETICAL ORDERJ
George Melnyk
Debbie Ogan
Dr. A. Ong
John O. Parmele, Jr.
Larry Schif
Slim Fast
Sylvester Smith
Somebody Else
Bob Spadaccini
Michael Kent Stallings
Kevin Walck
Leo Wardrup
TOTAL VOTES
RECEIVED
(IN FIOURES)
1
1
1
1
1
2
1
1
1
,ABSTRACT OF VOTES
cast in the City of Virginia Beach
at the May 5, 1998 General Election, for:
· Virginia,
MEMBER
SCHOOL BOARD
. At-Large (2 seats)
ENTER AT LARGE OR AJ%~O~,A?E O,$?RICT OR WARD NgJV~
I~,~S OF C,"~=,OATES 0,, a~zor
Daniel J. Arris
TOTAL VOTES
RECEIVED
(IN F~ooa~s)
...................... 11,410
Miqu~l J. "Mike" Arsuaaa
...................... 6 622
Donald F. Bennis
...................... 11,472
R. C. "Bob" Mandiqo, Jr.
Arthur T. Tate
9,385
14,305
cosrmv= c, om,-~xs ,om/o~ w~,,r~.~ cr~rzr~c~rxoN o~r ~sr swr
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit
Court of the election held on May 5, 1998, do hereby certify that the above is a true and correct Abstract of Votes cast
at said election and do, therefore, determine and declare that the follovvfng person(s) has (have) received the greatest
number of votes cast for the above office in said election:
_Donald F. B~nnis
Arthur T. Tate
Given under our hands this..
,4 copy tes~e:
day of May, 1998.
, Chairman
, Vice Chairman
, Secretary
~°-~-cretary, Electoral Board
Member
City School Board
City of Virginia Beach
At-Large
ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
May 5, 1998
General Election
Page 2 of 2
~VAME$ OF CANDIDA ]'ES ON ~ALI. O T
VOTES
RECE~V~O
F~ou~s)
Total Write-In Votes [SEE CERTIFICATION] . . .; ...............
59
WRITE-INS CER TIFICA TION
City of Virginia Beach
General Election
Member, School Board
OFFICE TITLE
At Larqe (2 seat)
ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
May 5, 1998
Page 1 of 2
Write-Ins
lUST IN ALPHABETICAL ORDERI
TOTA& VOTES
RECEIVEO
fin
Invalid Write-ins
John Baum
47
James Edwin Booth
Helen Burroughs
John Gunter
Karen Head
Heidi Mundy
CONTINUED ON PAGES 2 THROUGH 2
We, the undersigned Electoral Board, upon exam/nation of the official records deposited with the Clerk of the
Circuit Court of the election held on May 5, !998. do hereby certify that, with the continuation pages indicated,
the above is a true and correct certification of the write-in votes cast at said election for the office indicated
abov~
Given under our hands this
A copg teste:
7th
day of May, I99B.
Chairman
Vice~airman
,~-~retary
Secretary, Electoral Board
WRITE-J VS CERTIFICATION
City of
Virginia Beach
General Election
Member, School Board
OFFICE TrTLE
At Large (2 seat)
ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
1VIay 5, 1998
Page ,, 2 of 2
Write-Ins
ILIST IN ALPHABETICAl. ORDERJ
None Of The Above
Dr. A. Ong
Sharon Stone
Dou~ E. Thompson
Uma Thurman
To TAI. Vo
RECEIVED
(It~ Ftou~t~sl
1
1
1
1
.,4 BSTRACT OF VOTES
cast in the City of Virginia Beach
at the May 5, 1998 General Election, for:
· Virginia,
MEMBER
SCHOOL BOARD
Bavside District
E"TERATLA~GE ~APP~O~'ATEOISTR,~ORWARDNAME
Dan R. Lowe
A.A. "Al" Wpllace III
To7~1 VOTES
RECEIVED
fin
17,350
...................... 9,016
co,mw= c, umm, trss ~.~z,/o~, ;~.r~.z~v c=,n~zc~m~ o~r ~ stag
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit
Court of the election held on May 5, 1998, · *
at said election and do, do hereby certify that the above is a true and correct Abstract of Votes cast
therefore, determine and declare thai, the following person(s) has (have) received the greatest
number of votes cast for the above office in said election:
Dan R. Lowe
Given under our hands this_ 7th day of May, 1998.
A copy tes~.
Secretary
Secretary, Electoral Board
Mem]~er
City School Board
City of Virginia Beach -
Bayside DistriCt
ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
May 5, 1998
General Election
Page2 of 2
~A~E$ OF CANDIDA TES ON ~AL£O T
TOT, ti VOTES
(Iv F~.~sJ
Total Write-In Votes [SEE CERTIFICATION] ...................
71
WRITE-INS CER TIFICA TION
City of Virginia Beach
Member, School Board
OFFICE TIT~
Bays/de District (1 seat)
ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
General Election
May 5,1998
Page 1 of 2
Write-Ins
ILIST IN ALPHABETICAL ORDER!
7'0 TAL VO;"ES
RECEIVED
Invalid Write-Ins
Robin Baugh
63
1
John Baum
1
Keith Bubier
1
Robert Louis Claffy, Jr. 1
Archie Johnson
1
Paula Jones
1
CONTINUED ON PAGES 2 THROUGH 2
We, the undersigned Electoral Board. upon examination of the official records deposited with the Clerk of the
Circuit Court of the election held on May 5. [$98, do hereby certify that, w/th the continuation pages indicated,
~he above is a true and correct certification of the write-in votes cast at said election for the off/ce indicated
above.
Given under our hands Zhis __~7th day of May, 1998.
A copy teste:
, Chairman
~,~V e Chairman
---~Secretary
G~,.retary, Electoral Board
WRITE-EVS CERTIFICATION
City of Virginia Beach
General Election
Member{ School Board
OFFICE TFTLE
Bayside District (1 seat)
ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
May 5, 1998
Page 2 of 2
Write-Ins
[LIST IN ALPHABETICAL ORDERI
None Of The Above
Phil Rutherford
TOTAL Vo TES
RECEIVED
(IN F~us;sl
1
ABSTRACT OF VOTES
cast in the City of Virginia Beach
at the May 5, 1998 General Election, for:
· Virginia,
MEMBER
SCHOOL BOARD
Beach District
ENTER AT LARGE OR APPROI~IATE OISTRICT OR WAR{:) NAME
~v~s o; c~mATEs oN nor
Jane S. Brooks
TOTAL VOTES
RECEIVED
(IN F~ouREs)
...................... 17,423
Lamont D. Brow~
....................... 10,742
We, the undersigned Electoral Board, upon exam/nation of the official records deposited witff the Clerk of the Circuit
Court of the election held on May 5, 1998, do hereby certify that the above is a true and correct Abstract of Votes cast
at said election and do, therefore, determine and dec/are that the fo/lowing person(s) has (have) received the greatest
number of votes cast for the above office in said election:
Jane S. Brooks
Given under our hands this
A copy tes1~
7th
day of May, 1998.
, Chairman
· Vice Chairman
,~retary
9;:cretary, Electoral Board
Member
City School Board
City of Virginia Beach - Beach
District
ENT£R AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
May 5, 1998
General Elect/on
Page 2 of 2
/i/AMES OF CANDIDATES ON BAllOT
TOTAt VOTES
(IN F~ou~zs)
Total Write-In Votes [SEE CERTIRCATION] ...................
36
WRITE-INS CERTIFICATION
City of Virginia Beach
Member, School Board
OFFICE TIT~
Beach District (1 seat)
ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
General Election
May 5,1998
Page 1 of 1
Write-Ins
IL,ST ,. ALP.Aa~,CAL
Invalid Write-Ins
Joelle Batkins
John Baum
Gary Foley
Phyllis Gimbert
Kathy Willey
TOTAL VOTES
RECEIVED
31
1
1
1
1
1
CONTINUED ON PAGES --
THROUGH --
We, the undersigned Electoral 8nard, upon examination of the official records deposited w/th the Clerk of the
Circuit Court of the election held on May 5, 1598. do hereby certify that, with the continuation pages indicated,
the above is a true and correct certification of the write-in votes cast at said election for the office indicated
abov~
Given under our hands this ..... 7th _ day of May, 1958.
A copy teste:
. Chairman
.';ecretary
~'~-~ ~~- ~ ~&cretary, Electoral Board
WRITE-INS CERTIFICATION
City of
General Election
OFFICE TITLE
May 5, 1998
ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
Page ~ of
Write-Ins
[LIST IN ALPHABETICAL ORDER!
TO TAt Vo TES
RECEIVED
.4 RSTRACT OF VOTES
cast in the City of Virginia Beach
at the May 5, 1998 General Election, for:
, Virginia,
MEMBER
SCHOOL BOARD
Centerville District
C. G. "Carol" Bluestein
Daniel D. "Dan" Edwards
John H. McLaughlin
Tor,~t Vo~E$
RECEIVED
[/~v FmURE$;
...................... 8,439
...................... ~9,746
...................... 8,564
co~ c,e~m,~s ,~,v/o~ w~rr.~v crerznc~,oN o. ~s ~s
We, ~e ~de~igned El~oral Bo~ u~ ex~ination of the offici~ r~r~ deposited with the Clerk of the Cir~it
Cou~ of the eleven held on May 5, 19~,
~ hereby ce~i~ that the ~ove is a t~e and corre~ Abstract of Votes ~st
at s~d ele~ion ~d do, therefore, dete~ine ~d ~lare that the follo~ng pe~on(s) h~ (have) re~iv~ the greatest
nu~ of votes ~t for ~e above offi~ in ~d ele~ion:
Daniel D. "Dan" Edwards
G'wen under our hands figs_ 7th _ day of May, 1998.
A copy tes~e:
Chairman
- ~,, . , Vice Chairman
~ ;t~~, _, Secretary
Electoral Board
Member
City School Board
City of Virginia Beach - Centerville District
ENTER AT LARGE on APf~OPRIATE DISTRICT OR WARD NAME
May 5, 1998
General Election
Page 2 of 2
~VAME$ OF CANDIDATES ON
VOTES
Total Write-In Votes [SEE CERTIFICATION] ...................
58
WRITE-INS CER TIFICA TION
City of., Virginia Beach
Member, School Board
OFFICE TIT~
Centerville District (1 seat)
~T~AT~RGEORAPPROPRJATEDISTRICTORWARONAME
General Election
May 5, 1998
Page 1 of 1
Write-Ins
[LIST IN ALPHABETICAL ORDER!
Invalid Write-Ins
John Baum
M. Lewinsky
Beverly Starr
TO TA& VOTE$
RECEIVED
(l~t Ftoo~s;
55
1
1
CONTINUED ON PAGES ~-- THROUGH ~-
We. the undersigned Electoral Board. upon examination of the official records deposited with the Clerk of the
Circuit Court of the elect/on held on May 5, 1958, do hereby certify that, with the continuation pages indicated,
the above is a true and correct certification of the write-in votes cast at said election for the office indicated
above.
Given under our hands this
A copy teste:
7th
day of May, 1998.
II
· Chairman
g-'" ,V,ce
'/) ~ ,--Secretary
~'~--' Secretary, Electoral Board
WRITE-17VS CERTIFICATION
City of
General Election
OFFICE TITLE
ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
May 5, 1998
Page of ~
Write-Ins
[LIST IN ALPHABETICAL ORDER]
TO TAt VOTE$
RECEIVED
(IN F~auR~s)
ABSTRACT OF VOTES
cast in the City of Virginia
at the May 5, 1998 General Election· for:
Beach
· Virginia,
MEMBER
SCHOOL BOARD
Kem~sville District
ENTER AT LARGE OR AFPROI=fllATE DISTRICT OR WARD NAME
NAMES OF CANDIDATES ON
Adelaide R. Eldridqe
J. M. "Jerri" Tata
TOTAL VOTES
RECEIVEO
9,066
19,833
co~n~s c~vom~,zrs ~/o~ ~,,rrz.,N c~rzrzcxr, o~ o~v ~ sm,;
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit
Court of the election held on May 5, 1998, do hereby certify that the above is a true and correct Abstract of Votes cast
at said election and do, therefore, determine and declare that the fcilov~ng person(s) has (have) received the greatest
number of votes cast for the above office in said election:
J.M. "Jerri" Tata
copy res~e:
Given under our hands this ~ day of May, 1998.
~ ~~Secretary
ecretary, Electoral Board
Member
City School Board
City of Virginia Beach - Kempsville District
May 5, 1998
General Election
Page2 of 2
N,4ME$ OF CANDIDATES ON ~AI. tOT
VOTES
Total Write-In Votes [SEE CERTIFICATION] ...................
37
WRITE-INS CERTIFICATION
City of Virginia Beach
Member, School Board
OFFICE TIT~
Kempsville District (1 seat)
~T~ AT ~RGE OR APPROPRIATE DISTR~CT OR WARD NAME
General Election
May 5,1998
Page 1 of 1
Write-Ins
[LIST IN ALPHABETICAl. ORDER]
Invalid Write-Ins
John Baum
Richard Cheliras
Gary Foley
~'OTAL VOTES
RECEIVED
(IN F~u~sJ
34
CONTINUED ON PAGES ~ THROUGH
We, the undersigned Electoral Board, upon exam/nation of the official records del)os/ted with the Clerk of the
Circuit Court of the election held on May 5, !998, do hereby certify that, with the continuation pages indicated,
the above is a true and correct certification of the write-in votes cast at said election for the office indicated
above.
Given under our hands this ~ day of May, I998.
A col)y teste:
Secretary, Electoral Board
Chairman
Chairman
, S--cretary
WRITE-EVS CERTIFICATION
City of
General Election
OFFICE TITLE
ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
May 5, 1998
Page of ~
Write-Ins
[LIST IN ALPHABETICAL ORDERI
TOTAL VOTES
RECBVEO
(~V F~ou~s)
.ABSTRACT OF VOTES
cast in the City of Virginia
at the May 5, 1998 General Election, for:
Beach
· Virginia,
MEMBER
SCHOOL BOARD
Lynnhaven District
ENTER AT LARGE OR AF~ROI=fllATE OISTRICT OR WA/lO NAME
~,.s,=s o,= CA,re,oAr, s o,, a,~or
Nancy Dahlman Guy
VOTES
F~uR~s;
...................... 16,456
J- Henry McCoy, Jr.
13,041
co~v'rwvr c,ummxrrs ~,Yz)/o= wnn'z.~r,,v cssr.'zc, xzro~v o.,v axs.ress stag
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit
Court of the election held on May 5, 1998, do hereby certify that the above is a true and correct Abstract of Votes cast
at said election and do, therefore, determine and declare that the following person(s) has (have) received the greatest
number of votes cast for the above office in said election:
Nancy Dahlman Guy
Given under our hands this.
A copy tesre:
7th
day of May, 1998.
, ~"~ ~ ,~ , Chairman
/~~ ~~~ -Vice Chairman
~ /'~-'~~~~L~- --Secretary, ElectoralBoard
Member
City School Board
City of Virginia Beach - Lynnhaven District
ENTER AT LARGE OR APPROi:~RIATE DISTRICT OR WARD NAME
May 5, 1998
General Election
Page 2 of 2
~VA4~$ OF CANDIDA TE$ ON BAL&O T
TOTA~ VOTES
RECEIVED
(l# Fmu~zs)
Total Write-In Votes [SEE CERTIFICATION] ...................
69
WRITE-INS CER TIFICA TION
City of.Virqinia Beach
Member, School Board
OFFICE TIT~
Lynnhaven District (1 seat)
~T~AT~RGEORAPPROPRIATEOISTRIc?O. WA.ONA~E
General Election
May 5, 1998
Page 1 of 1
Write-Ins
[LIST IN ALPHABETICAl. ORDERi
Invalid Write-Ins
Albert Balko
Jennifer Flowers
None Of The Above
Dr. A. Ong
Susan Potter
;'OTAI Vo TE$
RECEIVED
fin
63
CONTINUED ON PAGES ~ THROUGH., --
We, the undersigned Electoral Board, upon exam/nat/on of the official records deposited w/th the Clerk of the
Circuit Court of the e/ect/on held on May 5, 1598, do hereby certify that, w/th the continuation pages indicated,
z~e above is a true and correct certification of the write-in votes cast at said election for the office indicated
abov~
Given under our hands tD;$_ 7th
_ day of May, 1998.
A copy teste:
--Secretary, Electoral Board
WRITE-INS CERTIFICATION
City of
General Election
OFFICE TITLE
l~_ay 5, 1998
ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
Page of
Write-Ins
[LIST IN ALPHABETICAL ORDERJ
TOTA£ Vo TES
RECEIVED
(1~ FlauR~sl
.,4RSTRACT OF VOTES
cast in the City of Virginia Beach
at the May 5, 1998 General Election, for:
· Virginia,
MEMBER
SCHOOL BOARD
Princess Anne District
El~i¥~.~ AT LARGE OR AI%oROP~IATE DISTRICT OR WARD NAME
IV,~S OF C~D=,~ res On a4,,o r
H. L. "Les" Powell, Jr.
Tor,~t Vo~Es
RECEIVED
(IN FmuaE$)
23,856
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit
Court of the elect'on held on May 5, 1998, do hereby certify that the above is a true and correct Abstract of Votes cagt
at said election and do, therefore, determine and declare that the following person(s) has (have) received the greatest
number of votes cast for the above office in said election:
H. L. "Les" Powell, Jr.
Given under our hands this. 7th day of May, 1998.
Al copy tes~e:. ~
Chairman
- ~/'./ , Secretary
~j -~0~03~~~F~.-/~'- "Secretary, ElectoralBoard
Member
City School Board ~-
City of Virginia Beach - Princess Anne District
May 5, 1998
General Election
Page 2 of 2
~AME$ OF CANDIDATES ON ~AI l O T ~
Toy~t VotEs
Rzc~vEo
(IN F~u~s)
Total Write-In Votes [SEE CERTI~CATION] ...................
169
WRITE-INS CER T/FICA T/ON
City ofv___~inia Beach
Member, School Board
OFFICE TIT~
Princess Anne District (1 seat)
General Election
May 5, 1998
Page 1 of ~
Write-Ins
/us? IN ALPHABETICAl. OROERI
Invalid Write-Ins
Any Libertarian
Samantha Batkins
John Baum
Parker j. Bena
Ann Bright
Benjamin H. Cab/an
7'OTAZ VOTES
RECEIVED
144
1
1
1
1
1
We, the undersigned Electora/ Board, upon exam/nation of the official records deposited with the Clerk of the
Circuit Court of the election held on May 5, L.9..08. do hereby certify that. with the continuation pages indicated.
the above is a true and correct certification of the write-in votes cast at said election for the office indicated
above.
Given under our hands this ~ day of May,
A copy te~te:
ecretary,
, Chairman
Vice Chairman
Electoral 8nard
WRITE-17VS CERTIFICATION
City of Virginia Beach
General Election
Member, School Board
OFFICE T~
Princess Anne District (1 seat)
ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
May 5, 1998
Page _.2_. of 3
Write-Ins
[LIST IN ALPHABETICAL ORDERI
Richard Corliss
Robert Dean
Sydney Faucette
Elmer H. Fetter
Vernon Fix
Gary Foley
Joseph V. Greene
Jerry Johnson
Archie Johnson
Kendall King
Don Marshall
Dr. A. Ong
Jim Orlando
Somebody Else
TO TAL VOTES
RECEIVED
(1~
1
1
1
2
2
1
1
1
2
1
1
1
WRITE- S CERTIFICATION
City of Virqinia Beach
General Election
Member, School Board
OFFICE TITLE
Princess Anne District (1 seat)
ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
May 5, 1998
Page 3 of 3
Write-Ins
lUST IN ALPHABETICAL OROERJ
Michael Kent Stallings
Leo Wardrup
TOTAl. VOTES
RECEIVED
[1~ F~ouR~sl
1
1
ABSTRACT OF VOTES
cast in the City of ~ach
at the May 5, 1998 General Election, for:
· Virginia,
MEMBER
SCHOOL BOARD
. Rose Hall District
ENTER AT LAR~ OR APPRO~IATE DISTRI~ OR WARD NAAAE
N~$ OF CANOmA~$ ON ~z~.4or
Robert C. "Bob" Spadaccini
1'o~4L VotEs
23,092
We, the unde~ign~ El~or~ Boa~ up~ ex~ination of the offici~ re~r~ deposit~ with the C/erk of the Cir~it
Cou~ of the ele~ion held on May 5, 19~, ~ hemby ce~i~ that the ~ve is a t~e and correct Abstract of Votes ~st
at ~d el~ion ~d do, ~erefore, dete~ine ~d declare that the follo~ng pe~on(s) h~ (have) receiv~ the greatest
number of vot~ ~t for ~e above offi~ in ~'d el~ion:
~o~rt C. "Bob" S~daccini
Given under our hands ff~is_ 7th _ day of May, 1998.
COpy reste~. . ~ .
, Vice Chairmen
~/0_~.--~~_, Secretary
~~ Secretary, Electoral Board
Member
City School Board
City of Virginia Beach - Rose Hall District
ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
May 5, 1998
General Election
Page2 of 2
NAMES OF CANDIOAT~S ON ~AI. IOT
Toraz Vows
(IN F~uP. zS)
Total Write-In Votes [SEE CERTIFICATION] ...................
30O
WRITE-INS CER TIFICA TION
City of Virginia Beach
General Election
Member, School Board
OFFICE TITLE
Rose Hall District (1 seat)
ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
May 5,1998
Page 1 of 2
Write-Ins
lUST IN ALPHABETICAL ORDER]
TOTAL VOTES
REC&TVED
(IN F~UaZ$]
Invalid Write-Ins
282
Any Libertarian
Patricia F. Batkins
Benjamin H. Cabiao
Ramon Colorado, Jr.
Robert Dean
Joseph V. Greene
1
1
1
1
1
1
CONTINUED ON PAGES .,, 2 THROUGH ,.,, 2
We. the undersigned Electoral Board, upon exam/nation of the official records deposited with the Clerk of the
Circuit Court of the election held on May 5. ! 998. do hereby certify that, with the continuation pages indicated,
the above is a true and correct certification of the write-in votes cast at said election for the office indicated
above.
Given under our hands this
A copy teste:
7th
day of May, I998.
~~~1/~ .~- ~ , Chairman
y , Vice Chairman
~ ~ Secretary
Secretary, Electoral Board
WRITE-iNS CERTIFICATION
City of Virginia Beach
General Election
Member, School Board
OFFICE TITLE
Rose Hall District (1 seat)
ENTER AT LARGE OR APPROPRIATE DISTRICT~ OR WARD NAME
May 5,1998
Page 2 of .,,2
Write-Ins
[LIST IN ALPHABETICAL ORDERJ
Mark C. Huenerberg
Archie Johnson
Beatrice Johnson
Kendall King
Wanda Largent
Don Marshall
None Of The Above
Debbie Ogan
Dr. A. Ong
Michael Kent Stallings
LeO Wardrup
TO TAI. VOTE$
RECEIVED
(l~t
1
1
2
1
1
1
1
1
Item L.2.
- 39-
NEW BUSINESS
ITEM # 43605
BY CONSENSUS, City Council RECORDED:
~4BSTRA CT OF LEGAL CASES RESOLVED - APRIL 1998.
May 26, 1998
- 40-
~em ~M.
ADJOURNMENT
ITEM # 43606
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7.'40 P.M.
oks, CMC/AAE
Chief Deputy City Clerk
Ruth Hodges Smith, CMC/AAE
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
May 26, 1998