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DECEMBER 8, 1992 MINUTESCity of Virginia Beach "WORLD'S LARGEST RESORT CITY" CITY COLrNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR WILLIAM D, SESSOMS. ]R., At-Large JOt IN A. BAUM, Blackwater Borough LtNWOOD O. BRANCH IlL Virgima Beach Borough J.-LMES ~5 BRAZIER, JR., Lynnhauen Bemugh ROBERT W CLYBURN, Kempv.~lle Borough ROBERT K. DEAN, Pnnce~ Anne Borough LOUIS R JONES, Bayside Borough PAUL J. L4NTEIGNE, Puago Borough JOHN D MOSS, At-Large NA~'C5 K. PARKER, At-Large ]AMES K. SPORE, City Manage* LF. SLIE L. LILLEY, City Attoyn~ RUTH HODGES SMITH, CMC AAE, City Clerk CITY COUNCIL AGENDA DECEMBER 8, 1992 281 CITY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9005 18041 427-4503 PUBLIC HEARING FORMAL SESSION - Council Chamber - 9:00 AM CALL TO ORDER - Mayor Meyera E. Oberndorf ROLL CALL OF CITY COUNCIL PUBEC HEARING 1. Virginia Beach School Board Appointment Candidates ADJOURNMENT II. INFORMAL SESSION - Council Chamber - 12:30 NOON Ao CALL TO ORDER - Mayor Meyera E. Oberndorf ROLL CALL OF CITY COUNCIL RECESS TO EXECUTIVE SESSION III. FORMAL SESSION - Council Chamber - 2:00 PM D. E. F. CALL TO ORDER - Mayor Meyera E. Oberndorf INVOCATION: Reverend Scottie Griffin, DD First Presbyterian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC ROLL CALL OF CITY COUNCIL CERTIFICATION OF EXECUTIVE SESSION MINUTES 1. INFORMAL & FORMAL SESSIONS - December 1, 1992 G. ORDINANCES Ordinance to APPROPRIATE $18,329,570 for Fiscal Year 1993 re payment of purchase orders brought forward from Fiscal Year 1992. Deferred: November 24, 1992 Ordinance to AMEND and REORDAIN Chapter 2 of the Code of the City of Virginia Beach, Virginia, by ADDING Section 2-200 re identification and reappropriation of excess ClP project funds. (Sponsored by Councilman John D. Moss) Deferred: December 1, 1992 Ordinance to AMEND and REORDAIN Ordinance No. 92-2194H by reducing the tax levy on real estate for Tax Fiscal Year 1994 from $1.147 per $100 of assessed value to $1.135 per $100 of assessed value. (Sponsored by Councilman John D.Moss) Ordinance to AMEND and REORDAIN Section 23-50 of the Code of the City of Virginia Beach, Virginia, re accumulations of trash, garbage, etc. and excessive growth of weeds or grass. H. RESOLUTIONS Resolution requesting the General Assembly Delegation support the City's Legislative Package for the 1993 General Assembly Session and consider the Adjunct Public Safety Package highlighting issues of concern of the Police Department. Resolution requesting the General Assembly GRANT City Council the power of eminent domain for economic development purposes. Resolution supporting legislation designating Sugar Plum, Inc. a benevolent corporation re real and personal property state and local tax exemption. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. Ordinance authorizing the City Manager to execute an Agreement and award a Contract with New England CRInc. to operate and maintain a RECYCLING facility for the City of Virginia Beach and Southeastern Public Service Authority Material Recovery. Ordinance directing the City Manager apply for Section 108 Community Development Block Grant loan to the United Sates Department of Housing and Urban Development re Seatack, Atlantic Park and Queen City target neighborhood projects. Ordinance to ACCEPT and APPROPRIATE $200,000 from the Virginia Housing Partnership Fund's Indoor Plumbing/Rehabilitation Program re improvements to eligible owner-occupied houses in the Barberton and Seatack areas of Virginia Beach; and, authorizing the City Manager execute an Agreement carrying out such program. Ordinance to APPROPRIATE $40,500 from Reserve for Federal Arbitrage within the General Fund Balance for payment to the United States Treasury Department re rebateable arbitrage on 1987 Certificates of Participation. Ordinance to APPROPRIATE $7,053 from the Access Channel Services Special Revenue Fund to the Department of Video Services re purchase of new and replacement video equipment. Ordinance to authorize a temporary encroachment into a portion of the right-of-way of proposed Park Place Drive to Baymark Construction Corporation re construction and maintenance of subdivision identification sign, landscaping and irrigation system (PRINCESS ANNE BOROUGH). J. PUBUC HEARING 1. PLANNING BY CONSENT ao Application of BAY ASSOCIATES for a Conditional Use Permit for a recreational facility, of an outdoor nature (thirty-six hole grass putting course) and a game room on the East side of General Booth Boulevard, 340 feet South of South Birdneck Road, containing 3.46 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL bo Application of WlTCHDUCK BINGO, INC. for a Conditional Use Permit for expansion of a commercial recreational facility other than of an outdoor nature (bingo) on a portion of Parcel G, Section 2, Aragona Village (660 North Witchduck Road), containing 2.54 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL Co Application of VIRGINIA METRONET, INC. for a Conditional Use Permit for a communications tower and related arlcillary uses at the Western extremity of Ward Court (5820 Ward Court), containing 7.657 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL 2. RECONSIDERATION RECONSIDERATION OF CONDITION in the June 9, 1992 Approved Application of WILLIAM AND SHELLEY STALLINGS for a Variance to Section 4.4(d) of the Subdivision Ordinance which requires that all lots created by subdivision shall have direct access to a public street and meet all requirements of the City Zoning Ordinance at 2508 Little Lake Court, containing 4.15 acres (LYNNHAVEN BOROUGH). Recommendation: DENIAL 3. PLANNING Petition of THOMAS W. GODFREY, SR. and MARGARET C. GODFREY for the discontinuance, closure and abandonment of a portion of a cul-de-sac on the East side of Bray Road. 329.61 feet North of lynn Acres Road, containing 1,943 square feet (L.YNNHAVEN BOROUGH). Deferred: November 24, 1992 Recommendation: APPROVAL Application of VULCAN MATERIALS COMPANY for a Conditional Use Permit for a storage or .processing facility_ (concrete rec_vcling) on the West side of Ferry Road, 479.02 feet North of Shore Drive (2429 Ferry Road), containing 8.154 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL Applications of HERBERT A. CULPEPPER and RICHARD L SPREDER, SR. re property in the Agricultural District on West side of Princess Anne Road, 200 feet more or less South of Vaughan Road, containing 93.32 acres (PUNGO BOROUGH): (1) Variances of Subdivision Ordinance: (a) Section 4.1 (m) which requires minimum pavement widths; (b) Section 4.1 (p) which limits the length of cul-de-sac streets; and (c) Section 4.4(e) which requires rear lots which abut a major right-of- way of ninety (90) feet or greater in width to provide certain landscape screening adjacent to that right-of-way. (2) Conditional Use Permit for twenty-four (24) single-family dwellings. Recommendation: DENIAL AMENDMENT to the Wetlands Zoning Ordinance of the City Zoning Ordinance: (1) REPEAL Article 14, Section 1417 (2) AMEND and REORDAIN Article 14, Sections 1400, 1401, 1402, 1403, 1405, 1406, 1407, 1408, 1409, 1410, 1412, 1413, 1414, 1415 and 1416 (3) AMEND and REORDAIN Article 14 by ADDING Sections 1407.1, 1408.1, 1409.1 and 1418. Recommendation: APPROVAL Ordinance to AMEND and REORDAIN Section 111 of the CityZoning Ordinance re definition of term "family" (dwelling units). K. APPOINTMENTS CHESAPEAKE BaY PRESERVATION AREA BOARD COMMUNITY SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION THE VIRGINIA BEACH FOUNDATION, INC. Distribution Committee L. UNFINISHED BUSINESS M. NEW BUSINESS 1. COUNCIL-SPONSORED ITEMS: ao Resolution directing City staff to reevaluate priorities re sewer projects within the Capital Improvement Program, giving particular consideration to sewer projects which would alleviate Class I health hazards. (Sponsored by Councilman Paul J. Lanteigne) bo Resolution inviting parties interested in establishing a track for horse racing in the City of Virginia Beach to contact the City Manager for discussion. (Sponsored by Councilman Paul J. Lanteigne) Resolution supporting City's policy of denying payroll deduction of dues for membership in voluntary employee organizations. (Sponsored by Mayor Meyera E. Oberndorf and Council Members John D. Moss, Nancy K. Parker, Louis R. Jones, Robert K. Dean and John A. Baum) N. ADJOURNMENT CITY COUNCIL RESCHEDULED December 22, 1992, Formal Session to December 15, 1992, at 6:00 PM If you are physically disabled, hearing or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM 12/3/92mlm AGENDA\I 2-8-92.PLN MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 8, 1992 The PUBLIC HEARING of the VIRGINL4 BEACH CITY COUNCIL for the State-mandated interview of candidates for SCHOOL BOARD APPOINTMENTS was called to order by Mayor Meyera E. Oberndorf in the Council Chamber, City Hall Building, on Tuesday, December 8, 1992, at 9:00 A.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: John D. Moss (ENTERED: 10:30 A.M.) -2- Item I-C. 1. ITEM # 36297 Mayor Meyera E. Oberndorf DECLARED A PUBLIC HEARING: VIRGINIA BEACH SCHOOL BOARD APPOINTMENT CANDIDATES The following spoke: Gerald G. Gibbs Robert W. Hall Dr. M. Boyd Jones (Incumbent) (Incumbent) (Incumbent) Virginia Beach Borough Princess Anne Borough Bayside Borough Captain Gordon C. Buhrer, 1612 Whitehorne Road, Phone; 464-3114 (Bayside Borough) Admiral Donald L. Fel6 105 42nd Street, Phone: 422-5028 (Virginia Beach Borough) Esther M. Corpus, 621 Heron Point Circle, Phone: 431-0185 (Princess Anne Borough) Louis M. Pace, 1908 Hunts Neck Court, Phone: 468-0925 (Princess Anne Borough) Edwina L. Bergano, 4634 Merrimac Lane, Phone: 490-9895 (Bayside Borough) The following citizens spoke on behalf of Candidates for School Board Appointments: Lisa Guthrie, President - Virginia Beach Education Association, spoke in favor of the Incumbents. Mayor Oberndorf referenced the letter of Jonas Larry, Jr. dated November 23, 1992, advising of his interest in becoming a member of the Virginia Beach School Board (Princess Anne Borough). Mr. Larry wouM be unable to appear because of surgery on December Second. Said letter is hereby made a part of the rezord. There being no further speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING. Councilman Moss DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, his wife was currently employed by the City of Virginia Beach School Board as a teacher earning an annual salary in excess of $10,000. Councilman Moss declared he was able to participate in the transaction fairly, objectively and in the public interest. Councilman Moss's letter of July 14, 1992, is hereby made a part of the record. December 8, 1992 -3- Item I-D. ADJOURNMENT ITEM # 36298 Mayor Oberndorf DECLARED the Meeting ADJOURNED at 12:50 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk es Smith, CMC/AJE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia December 8, 1992 -4- ITEM # 36299 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 8, 1992, at 12:55 P.M. Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburrg Robert If. Dean, Louis t~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy If. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None December 8, 1992 5 ~EM#3~O0 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignmeng 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: Board of Zoning Appeals Chesapeake Bay Preservation Area Board Community Services Board Virginia Beach Community Development Corporation LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). Owl's Creek Golf Course Lease Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr. Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None December 8, 1992 -6- FORMAL SESION VIRGINIA BEACH CITY COUNCIL December 8, 1992 2:00 P34. 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, December 8, 1992, at 2:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and V~ce Mayor William D. Sessorns, Jr. Council Members Absent: None INVOCATION: Reverend Scottie Griffin, DD First Presbyterian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICa4 December 8, 1992 -7- Item III-E. 1. CERTIFICATION OF EXECUTIVE SESSION ITEM # 363O1 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr. Robert W. Clyburn, Robert I~ Dean, Louis t~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None December 8, 1992 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 36300, Page No. 5, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Ru{h Hodges S~ith,' CMC/AAE City Clerk December 8, 1992 -8- Item III-F. 1. MINUTES ITEM # 36302 Upon motion by Vice Mayor Sessorns, seconded by Councilman Clyburn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of December 1, 1992. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None December 8, 1992 -9- Item III-G. 1. PUBLIC HEARINGS ITEM # 36503 Mayor Oberndorf DECLARED A PUBLIC HEARING: SUGAR PLUM, INC REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. December 8, 1992 - 10 - Item III-G. 1. ORDINANCES ITEM # 36304 Dr. Sidney L. Faucette, Superintendent - Virginia Beach Public Schools, and Mr. Samuel Meela'ns, Chairman - School Board responded to City Council's inquires. Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to APPROPRIATE $18,329,570 for Fiscal Year 1993 re payment of purchase orders brought forward from Fiscal Year 1992. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James IV.. Brazier, Jr., Robert W. Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss*, Mayor Meyera E. Oberndorf, Nancy I~ Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None *Councilman Moss DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, his wife was currently employed by the City of Virginia Beach School Board as a teacher earning an annual salary in excess of $10,000. Councilman Moss declared he was able to participate in the transaction fairly, objectively and in the public interest. Councilman Moss's letter of July 14, 1992, is hereby made a part of the record. December 8, 1992 AN ORDINANCE TO APPROPRIATE $18,329,570 FOR FISCAL YEAR 1993 FOR THE PAYMENT OF PURCHASE ORDERS BROUGHT FORWARD FROM FISCAL YEAR 1992 8 9 10 11 12 13 14 15 16 17 18 19 20 21 32 33 34 35 36 WHEREAS, during the course of business in fiscal year 1992, purchase orders or contracts were issued committing the City to purchase materials, supplies, equipment or services for use by several departments, divisions or bureaus, and WHEREAS, these purchase orders or contracts were charged to appropriations previously authorized for the fiscal year ended June 30, 1992 so as to reduce the unencumbered balance of those appropriations, and WHEREAS, on June 30, 1992, there were purchase orders or contracts totalling $18,329,570 for which materials, supplies, equipment or services had not been delivered or invoiced. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that the funds totalling $18,329,570 for purchase orders or contracts outstanding on June 30, 1992, be appropriated to fiscal 1993 operating budgets for the respective departments of the City so that upon delivery of the materials, supplies, equipment or services there shall be sufficient funds to make payments. BE, IT FURTHER ORDAINED that the appropriations be offset from funds in the following respective fund balances and additionally in the General Fund by an increase in estimated revenues of $242,312 as proceeds from lease purchase financing: School Operating $11,647,128 School Textbook $ 32,481 General 5,174,311 Parking 18,118 Water & Sewer 748,035 Capital Projects 16,540 City Garage 82,447 School Cafeterias 10,927 Information Technology 75,322 Golf Course 8,564 Microcomputer 70,802 Parks & Rec. Gift 5,898 Athletic Special Revenue 54,422 Print Shop 3,761 Risk Management 51,462 Pendleton Child Serv. 2,502 MH/MR/SA 45,019 Marine Science Museum 1,429 Telecommunications 36,841 Law Library 1,249 Total Fund Balance $18,087,258 This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 8 day of December , 1992. Public Hearing: ~ .., APPR~ ~~KR/~IER, jR. - OFFICE OF 2~clOGEI' AND EVALUATION - 11 - Item III-G.Z ORDINANCES ITEM # 36305 Councilman Moss referenced his correspondence of December 8, 1992, regarding his initiative to increase the accountability for, and use of, excess funds. Councilman Moss also referenced the article form the Wall Street Journal of December First entitled: "Be Data Literate - Know What to Know". Said article and letter are hereby made a part of the record. Upon motion by Councilman Moss, seconded by Councilman Brazier, City Council DEFERRED INDEFINITEL Y: Ordinance to AMEND and REORDAIN Chapter 2 of the Code of the City of Virginia Beach, Virginia, by ADDING Section 2-200 re identification and reappropriation of excess CIP project funds. There shall be a formal mid-year review of CIP Budget Execution. The purpose of this mid-year review will be to identify CIP appropriations not required for project completion and available for City Council reprogramming. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf,, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None December 8, 1992 - 12 - Item III- G. 3. ORDINANCES ~EM #3~06 A motion was made by Councilman Moss, seconded by Council Lady Parker to ADOPT: Ordinance to AMEND and REORDAIN Ordinance No. 92-2194H by reducing the tax levy on real estate for Tax Fiscal Year 1994 from $1.147 per $100 of assessed value to $1.135 per $100 of assessed value. Voting: 4-7 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Robert IC Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy IC Parker Council Members l/bting Nay: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None December 8, 1992 - 13 - Item III-G. 4. ORDINANCES ITEM # 36307 Upon motion by Councilman Clyburn, seconded by Councilman Lanteigne, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 23-50 of the Code of the City of Virginia Beach, Virginia, re accumulations of trash, garbage, etc. and excessive growth of weeds or grass. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James Vd. Brazier, Jr., Robert W. Clyburn, Robert 14. Dean, Louis 1~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy I~ Parker Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. Vice Mayor Sessorns left the City Council Meeting at 2:29 P.M. for a Central Fidelity Bank Meeting. December 8, 1992 APPROVED ,AS TD LEGA,.I,. / AN ORDINANCE TO AMEND AND REORDAIN SECTION 23-50 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO ACCUMULATIONS OF TRASH, GARBAGE, ETC. AND EXCESSIVE GROWTH OF WEEDS OR GRASS 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 23-50 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 23-50. &ccumulations of trash, garbage, etc., or excessive growth of weeds or grass. (a) Except as provided in subsection (e) hereof, Upon upon determination by the director of housing and neighborhood preservation, the housing code administrator, or any inspector of the department of housing and neighborhood preservation, whether temporarily or permanently employed as such, that there exists upon any land or premises within the city, including the area between such land or premises and the curb line, any trash, garbage, refuse, litter or similar substances, except as may be placed thereon for purposes of collection in accordance with Chapter 31 of this Code, notice shall be served on the owner of such land or premises or his agent, or on the occupant thereof, or both, to cause such trash, garbage, refuse, litter or similar substances to be removed from such land or premises within ~"~ '=' .... ~, seven (7) days from the date of such notice. (b) Except as provided in subsections (e) and (f) hereof, Upon upon determination by the director of housing and neighborhood preservation, the housing code administrator, or any inspector of the department of housing and neighborhood preservation, whether temporarily or permanently employed as such, that there exists on any land or premises within the city, including the area between 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 67 such land or premises and the curb line, any grass, weeds, brush or similar vegetation in excess of ten (10) inches in height, notice shall be served on the owner of such land or premises or his agent, or on the occupant thereof, or both, to cause such grass, weeds, brush or similar vegetation to be rcmovc~ or cut and removed from f~.~ ~, seven (7) days from the date such land or premises within of such notice. (c) Service of the notice provided for in subsections (a) and (b) shall be by~t~-~- A-c~ or ......... -A-~~ first-class mail, personal delivery or posting in a conspicuous place upon the land or premises; provided, however, that if the land or premises are unoccupied and the owner or his agent cannot be found by the exercise of due diligence or are unknown, such notice shall be sufficient against the owner if ven first-class mail to the owner's last known mailing address and posted in a conspicuous place upon the land or premises. The housing code administrator and inspectors of the department of housing and neighborhood preservation are hereby authorized to deliver or post such notices. (d) Failure to comply with the terms of a notice issued and served as provided in this section within the time prescribed in such notice shall constitute a Class 2 misdemeanor, and each day thereafter that the violation continues shall constitute a separate offense. In addition to any penalties imposed hereunder, the city may institute legal action to enjoin the continuing violation of this section and may remove or contract for the removal of such trash, garbage, refuse, litter or similar substances or grass, weeds, brush or similar vegetation, in which event the cost and expenses thereof, including an administrative fee in the amount of one hundred dollars ($100.00), shall be chargeable to and paid by the owner or occupant of the land or premises. Any such charge which is not paid within thirty (30) days of the date on which it is billed to the owner of such land or premises shall constitute a lien upon the property and may be collected in any manner provided by law for the collection of taxes; provided, however, that no such 68 69 70 71 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 9O 91 92 93 94 95 96 97 98 99 100 101 102 lien shall be valid against any owner of land or premises who was not served with the notice prescribed in subsection (a) or (b) hereinabove, as the case may be. (e) The provisions of this section shall not apply to any parcel of land greater than one acre in size and which is (1) located in an agricultural zoning district or enrolled in the land use assessment program and (2) used principally for agricultural~ silvicultural or horticultural purposes. (f) The provisions of subsection (b) shall not apply to the following areas: (1) Portions of undeveloped lots, parcels or tracts of land which are not located within one hundred fifty (150) feet of a paved road; (2) Portions of undeveloped lots, parcels or tracts of land which are not located within one hundred fifty (150) feet of any other property, developed or undeveloped, located in a Residential, Apartment, Business, Office, Resort Tourist or Industrial Zoning District; (3) Portions of undeveloped lots, parcels or tracts of land which are inaccessible to power mowing equipment; (4) Areas required by the Chesapeake Bay Preservation Area Ordinance or the Southern Watersheds Management Ordinance to be vegetated; (5) Vegetated wetlands, as defined in the Wetlands Zoning Ordinance; (6) Nontidal wetlands located within Resource Protection Areas; (7) Coastal primary sand dunes; (8) State-designated Wildlife Habitat Areas; (9) Banks of detention ponds, streams, and other bodies of water, natural or manmade; (10) Banks of drainage easements; (11) Wooded areas, including understory vegetation; and 103 104 105 106 107 108 109 110 111 112 113 114 115 (12) Any other area required to be vegetated by reason of the application of the City Zoning Ordinance, Subdivision Ordinance, Site Plan Ordinance, Stormwater Management Ordinance, Chesapeake Bay Preservation Area Ordinance, Southern Watersheds Management Ordinance, or any other ordinance or provision of law. C~) As used in this section, the term "developed" shall refer to any lot, parcel or tract of land upon any portion of which there has been placed any building, structure or other improvement or upon any portion of which there has been any land-disturbing activity, including, without limitation, pavinq, filling, ~radin~. dredging, clearing or excavating. 116 117 Adopted by the Council of the City of Virginia Beach, Virginia on the 8 day of December , 1992. 118 119 120 121 CA-4777 \Ordin\Proposed\23-050.Pro R-3 12-1-92 4 - 14 - Item III-H. 1. RESOLUTIONS ITEM # 36308 Upon motion by Councilman Jones, seconded by Councilman Moss, City Council ADOPTED, AS AMENDED*: Resolution requesting the General Assembly Delegation support the City's Legislative Package for the 1993 General Assembly Session. *The last paragraph shall be deleted. Voting: 10-0 Council Members Voting .dye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy IC Parker Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 8, 1992 RESOLUTION FOR~ARD~N~ THE C~TY'S LEgiSLaTIVE P~CK~E TO THE ~ENEI~L ~SSEMBLY DELEgaTION FOR CONSIDERATION ~N THE ~99~ ~ENEI~.L ~SSF~BLY SESS~ONo WHEREAS: The 1993 General Assembly Session will begin on January 13, 1993; WHEREAS: Council has traditionally provided a package of legislative requests to the General Assembly Delegation in support of the goals and objectives of the City; and WHEREAS: Council has considered a number of issues for inclusion in the Legislative Package and has adopted the package as attached. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach that the General Assembly Delegation is requested to support legislation that would carry out the principles as outlined in the Legislative Package for the 1993 Session of the General Assembly, which is attached; 8 Resolved by the Council of the City of Virginia Beach on the day of December , 1992. CITY OF VIRGINIA BEACH LEGISLATIVE PACKAGE FOR THE 1993 GENERAL ASSEMBLY SESSION COUNCIl. PRIORITIF. S NONFUNDING ITEMS Support legislation to have those convicted of driving under the influence to be required to pay for City emergency services. Provide an additional exemption to the Freedom of Information Act to allow the Council to discuss in executive session certain contractual matters between other units of government, discussion of which in public would be detrimental to the interests of the citizens of Virginia Beach. FUNDING ISSUES e 3** The General Assembly is requested to maintain the State share of funding for the standards of quality. Furthermore, this level of funding should also extend to special education and students with special needs. The General Assembly is requested to make no change to the funding formula for transportation funding from the Commonwealth that would be detrimental to the City. Furthermore, it should be stressed that Commonwealth needs to expend its limited transportation dollars in the areas of greatest congestion so as to reduce congestion and improve air quality. The General Assembly is requested to provide funding so that the Department of Social Services and the Department of Health can rent suitable office space to relocate their staffs. CHARTER CHANGES ,* The General Assembly is requested to amend the Charter of Virginia Beach to allow elected school boards per the resolution adopted by Council of the City of Virginia Beach on the 8th day of September, 1992. The General Assembly is requested to amend the Charter of the City of Virginia beach to require that persons seeking to be elected as a borough representative to be required to live in the borough for six months prior to the election and that they be required to maintain residents in such borough after election. This is in keeping with the resolution adopted by the Council of the City of Virginia Beach on December 1, 1992. OTHER YFEMS (UNPRIORr~zvX0 2. 3. 4. 5. 6. Support of a bill similar to Senator Gartlan's Senate Bill 424, which would prevent Strategic Lawsuits Against Public Participation (SLAPP). Oppose passage of legislation that would mandate that hotel room tax be used for tourism promotion. Amend the State Code to allow for private contracts to provide for parking meter enforcement. Amend the State Code to allow refuse collection vehicles or SPSA vehicles to transit the Virginia Beach Expressway using commuter tickets. Amend the State Code to have plaintiffs in civil court cases be responsible for the cost of civil jurors. Amend the State Code to allow City volunteer rescue workers, auxiliary policeman, etc. with more than ten years of service to receive a motor vehicle decal free of charge. OTI:IF~R FUNDING ISSUES The General Assembly is requested to appropriate $5,000,0000 in funding for the Virginia Marine Science Museum expansion. The General Assembly is requested to provide 50% of the cost of the relocation of the Pendleton Child Service Center, which is a Certified Group Home. This cost is estimated to be $1,350,000 with the State's share being $675,000. The General Assembly is requested to reinstitute full funding for State aid to libraries. The General Assembly is requested to amend the State Code to allow City logo license plates to be purchased by citizens. Revenue generated from these license plates should be returned to the City based on the same formula that university logo license plates now utilize. POLICY POSITIONS 0 The General Assembly is requested to review changes to the Aid For Dependent Children Standards (AFDC). These changed policy standards are producing undesirable effects on both service availability and service delivery. The General Assembly should be mindful of any change to the regulation of daycare that may prove detrimental to the City. The City's Parks and Recreation facilities and services are used as unlicensed daycare providers. Any licensing of these facilities and services should be made in the context that produces no increased cost to the City. The General Assembly is requested to include the guarantee that mental health and substance abuse services are considered as essential health services under hospitalization policies. Attached and part of the City's Legislative Package but not prioritized by Council is the Adjunct Public Safety Package. 2e e Se e Se 0 Amendment to the Virginia Code, section 19.2-81, to authorize arrest without warrant for shoplifting not committed in the officer's presence in violation of Virginia Code 18.2-96 or 18.2-103, or substantially any similar ordinance of any county, city or town. Request an amendment to the Virginia Code, section 46.2-817, to raise eluding police to a class 6 felony. Request to amend the Virginia Code, section 18.2-57.1, to change an assault and battery against a law enforcement officer not involving a weapon of any type to a class 1 misdemeanor. An assault against any law enforcement officer involving a weapon of any type be raised to a felony with a penalty to correspond to malicious wounding. Request to amend the Virginia Code concerning carrying concealed weapons, section 18.2-308, to make a conviction under the City Code and the State Code count towards the second violation section so that it would be punishable as a class 6 felony and a third subsequent violation would be a class 5 felony. Currently, the defendant must have been convicted under the Code of Virginia rather than the City Code. Request to amend Virginia Code, section 18.2-308 A (iii), the SHURIKAN is listed as a flailing instrument when actually it should be listed under section A (iv) a throwing star. Request to allow personal vehicles of auxiliary police officers, volunteer deputies and police chaplains to be equipped with blue warning lights. Request expansion of the Virginia Code dealing with wire tap authorization. This authorization can now only be used for horse racing and pari mutuel betting. The request is that sports book making and' illegal numbers games be placed under this Code section so that telephone lines can be used as part of an investigation of ongoing gambling enterprises. Request to require certain persons convicted under sections under the Code submit to testing for the AIDS virus. The police request that anyone who is knowingly been tested positive who is convicted of a violation under certain Code sections be found guilty of class 6 felony and receive a mandatory period of incarceration of one year. Request to amend the Virginia Code, section 46.2-352 through 353, be changed to remove the words "forthwith file" to "may file". This is a complicated problem dealing with DMV records in that it may take 11 months to find the individuals. The courts have ruled that forthwith means immediately. 10. 11. 12. 13. Request to amend the Virginia Code, section 46.2-352 through 353, be changed so that it would read from the current "in the court of record having jurisdiction of criminal offenses in the county, city, or town in which the person resides" to "in any court of record of any county, city or town in the State." Because of the mobile nature of our population, people move from Norfolk to Virginia Beach, etc. but they may under current Code only be served in the court where the person resides. Request to amend the Virginia Code, section 19.2-249, to allow offenses committed on the boundary of two counties and cities, etc., to be prosecuted. Currently an offense committed on the boundary of two counties or in the boundary of a county or city or within 300 yards thereof where the alleged crime has been committed may be prosecuted in either county or city. The Code does not address the boundary between two cities and should be changed to allow prosecution as stated above.. Request to amend the Virginia Code and make it unlawful for any person to descend, jump or leap from any bridge or overpass or other like structure within the boundaries of the City of Virginia Beach. This has been recommended to be a class 4 misdemeanor. Request to amend the Virginia Code, section 15.1-131, dealing with when police may be sent beyond territorial limits and reciprocal agreements. This would amend this section of the Code and expand it to include in response to any law enforcement emergency involving any immediate threat to life or personal safety. - 15 - Item III-H. Z RESOLUTIONS ITEM # 36309 The following registered in OPPOSITION to the Resolution: Lou M. Pace, 1908 Hunts Neck Court, Phone: 468-0925 Rae H. LeSesne, 5325 Thornburg Lane, Phone: 497-8008 Maurice B. Jackson, 1125 Ditchley Road, Phone: 428-1470, represented the Council of Civic Organizations. A motion was made by Councilman Jones, seconded by Councilman Clyburn to DEFER INDEFINITELY a Resolution requesting the General Assembly GRANT City Council the power of eminent domain for economic development purposes. A SUBSTITUTE MOTION was made by Councilman Dean, seconded by Councilman Moss to DENY a Resolution requesting the General Assembly GRANT City Council the power of eminent domain for economic development purposes. Voting: 5-5 (MOTION LOST TO A TIE VOTE) Council Members Voting Aye: James W. Brazier, Jr., Robert K. Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy IC Parker Council Members Voting Nay: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Louis R. Jones and Paul J. Lanteigne Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 8, 1992 - 16 - Item III-tt. 2. RESOLUTIONS ITEM # 36309 (Continued) Upon motion by Councilman Jones, seconded by Councilman Clyburn, City Council DEFERRED INDEFINITEL Y: Resolution requesting the General Assembly GRANT City Council the power of eminent domain for economic development purposes. Voting: 9-1 Council Members Voting Aye: John A. Baton, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy IE Parker Council Members Voting Nay: Robert K. Dean Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 8, 1992 - 17- Item III-H. 3. RESOLUTIONS ITEM # 36310 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Resolution supporting legislation designating Sugar Plum, Inc. a benevolent corporation re real and personal property state and local tax exemption. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Robert IC Dean Council Members Absent: None Councilman Dean ABSTAINED as he is a Member of the Sugar Plum Bakery Board. This Item was MOVED FORWARD on the Agenda after the PUBLIC HEARING. December 8, 1992 1 2 3 4 5 A RESOLUTION SUPPORTING LEGISLATION WHICH WILL DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY SUGAR PLUM, INC., AS BEING EXEMPT FROM STATE AND LOCAL TAXATION 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 WHEREAS, property located in the City of Virginia Beach and owned by Sugar Plum, Inc., is currently subject to ad valorem taxation; WHEREAS, Sugar Plum, Inc., has requested the Council of the City of Virginia Beach to adopt a resolution in support of its request that the General Assembly act in accordance with Article X, § 6(a)(6) of the Constitution of Virginia to designate the real and personal property of Sugar Plum, Inc., as being exempt from state and local taxation; WHEREAS, pursuant to § 30-19.4 of the Code of Virginia, the Council of the City of Virginia Beach has held a public hearing prior to the adoption of this Resolution and has given all citizens an opportunity to be heard; and WHEREAS, the Council of the City of Virginia Beach is of the opinion that Sugar Plum, Inc., should be designated as a benevolent corporation within the context of § 6(a) (6) of Article X of the Constitution of Virginia and that real and personal property located in the City of Virginia Beach owned by Sugar Plum, Inc., and used by it exclusively for benevolent purposes on a nonprofit basis should be exempt from state and local taxation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Council of the City of Virginia Beach supports the enactment of legislation involving the designation of Sugar Plum, Inc., as a benevolent corporation within the context of § 6(a) (6) of Article X of the Constitution of Virginia and that real and personal property owned by Sugar Plum, Inc., which is located within the City of Virginia Beach and used exclusively for 34 35 36 37 benevolent purposes on a nonprofit basis, be declared exempt from state and local taxation. Adopted by the Council of the City of Virginia Beach, 8 December Virginia, on the day of , 1992. 38 39 40 41 CA-4922 ORDIN\NONCODE\SUGAR.RES R-1 PREPARED: 11/24/92 2 APPLICATION TO CITY OF VTttGINIA BEAC~ FOR FJCS~iPTION FROM PERSONAL AND REAL PROPERTY TAXATION Applicants: Please fill out t~his form and submit same to the City Manager, Municipal Center, Virginia Beach, Virginia 23a56. In any instance where additional space is needed to complete your answer to a particular question, please utilize a separate sheet of paper and attach it to this application. Formal Name of Corporation/Organization: Sugar Plum, Inc. Address: 1353 Laskin Rd. Virginia Beach, VA 23451 Telephone Number: (804) 422-3913 o o is the Organization chartered or incorporated under the laws of the Commonwealth of Virginia? Yes For what purpose is the group chartered? As a 501(c)(3) nonprofit organization providing training, rehabilitative services and employment for persons with disabilities. Describe in detail and specify the location of all real and personal property for which exemption is sought. Two-story brick and frame colonial style building plus single story separate side building with large parking area, front and back, located on the south side of Laskin Road, next door to Wm. Wood Realty, ~ mile before the'intersection of Birdneck and Laskin Road, going toward Oceanfront. o List the present tax assessment of each property for which this exemption is sought: Parcel Lot 6, Fremac Lake Description: Assessed Value: Land: Improvements: Total Assessed Value: parcel'' of real Parcel Shores Description: N/A Assessed Value: $,,196,239 Land: ' 167,233 Improvements: Total Assessed 363~472 Value: $ List the present tax assessment, by tax bill, of personal property for which the exemption is sought. See Item 4 For what purpose is the real property currently being used? If there are several types of use for a single parcel, indicate such usages by areas of the buildings and f!ccr locations. As a bakery and cafe providing rehabilitative services to persons with disabilities by providing them skills training in one of the three programs currently in operation - the main two-story building. The one-story building is used for storage. ao Does any other individual, association or corporation cccupy or use any part of the premises of any property for which exemption is sought? If yes, give details. No Is any income derived from the use of any portion of the real property by other individuals or groups, whether considered as rent or reimbursement for necessary expenses for services incurred? If yes, give all details. No .. With regard to personal property, state the purpose for which the property is being used and whether income is derived from the use cf any such property by individuals, groups or otherwise. If so, give all details. The property is being used by a 501(c)(3) nonprofit organization providing food service and baking skills training specifically for persons with various disabilities, including mental retarda- tion, cerebral palsy, visual and hearing impairments, autisim, traumatic brain injuries, and others. 'The income derived from the bakery and cafe is the "vehicle" which supports the three rehabilitative programs. 2 '8. Is the organization exempt from taxation pursuant to Section 501(c) cf the Internal Revenue Ccde of 19547 If so, attach documentation. Yes Has the ABC Board issued a current annual alcohol beverage license for the service of alcohol beverages for use on the property from which tax exemption is here sought? No Is any director cr officer of the agency paid compensation in excess of a reasonable allowance ~for salaries or other compensation? No 1!. Does any part of the earnings, exclusive of salaries, of such organization inure to the benefit of any individual? If so, list what portion and to whom for each cf the past three years. No 12. What portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state, or federal grants? Donations shall include the providing of personal services or the contribution of any in-kind or other material services. Approximately one-third 13. 14. Does the organization provide services for the common good of the public? If so, explain in detail including in your explanation a listing of the services provided, the cost of the services to the recipient or method of determing cost of the services to the recipient, and any other details you deem pertinent. Yes . A negotiated fee for services is charged for Medicaid Waiver clients under a City of Virginia BeaCh contract. Service costs are based on training salary plus pro rata overhead. All other training and employment costs for persons with disabilities are absorbed by the bakery's revenues. What part, if any, of involves carrying on influence legislation? the activities of the organization propaganda, cr otherwise attempts to None 15. Has the organization ever participated in, contributed to, or intervened in any pc!itica! campaign on behalf of any candidate for public office? If the answer is yes, please provide any qualifying information you deem necessary. No 16. State the organization's rule, regulation, policy, or practice concerning discrimination on the basis of religious conviction, race, color, sex or natural origin. The organization is committed to the principles of equal employment opportunities. There is no discrimination on the basis of race, physical or mental handicap, sex, sexual orientation, color, age, national origin, organizat'ional membership or political beliefs. 17. List the name, business address and business telephone of the president and secretary of the corporation/organization as well as the managing officer. C. Cheney Cole, Jr., President Potter & Company 1604 Hilltop West Exec. Center Virginia Beach, VA 23451 (804) 428-2224 Arthur Mann, Secretary 1121 Brandon Road Vi,rginia Beach, VA 23451 (804) 428-0252 Deborah L. Marshall, Managing Director Sugar Plum Bakery 1353 Laskin Road 4 Virginia Beach, VA 23451 (804) 422-3913 18. In addition information: to the above, please provide the following A copy of the organization's most recent audited financial statement (i.e., current balance sheet and income and expense statement for the' crganization,s last fiscal period). (b) A detailed listing of the current salaries and/ct other compensation of the officers and directors of the organization. In addition, please specify as to each c .... tot so ~_sted, the basis of the !istad salary or compensation (i.e., annually uer meetinc, hourly, commission, etc.). ' ' ' SEE ATTACHMENT #1. (c) List the salar~£ ranges of each employee pcsiticn classification and list the number of full-time and parE-time employees in each such classification. SEE ATTACHMENT #2 (d) Suecifv what percentage of gross income of ~= organization was required tc pay real and personal property taxes for each of the last th_~_ }~-~s. SEE ATTACHMENT #3 (e) Exu!ain in detai~ why the City Council cf the '~i' - - ~ - Ci=~ cf --~ .... 8each should recommend tc the General Assembly Vl-g=~.=a that this crgan$~ ~ ~at__on shcu!d be exempt from real and persona! taxation in the City cf Virginia Beach. Please include in your exp!anaticn, the ~ ~ ~es - se_v~_ provided by the organization. SEE ATT6C~ENT #4 This form was prepared by Deborah 'L. Marsna£1 whose title with the organization is Managing Director (Signature) ORGANIZATION By: Na/ue Title Date Sugar Plum, Inc. Sugar Plum Bakery STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: ownership organization) named in the within entitled application; that he has read the foregoing information sheet and knows the contents thereof; and that the same is true to his own knowledge except as to the matters herein stated to be alleged upon information and belief, and as to those matters he believes it to be true. of My commission Expires 1~"~ ~ L. ~ ! (Signature of Officer) Subscribed and sworn to before me this /~C-/D day ATTACHMENT #1 (b) None of the Board of Directors, officers or members are compensated for their work at Sugar Plum, Inc. They provide help to this project with pro bono hours. p. 5~ (c) Production I Production II Production III Production IV Professional I Professional II Professional III $ 4 25-4.75 4 25-5.00 4 50-5.25 5 25-7.25 5 00-8.25 8 50-9.00 9 00-10.50 8 persons 6 persons 3 persons 3 persons 6 persons 1 person 1 person ATTACHMENT #2 p. 5, (d) N/A. ATTACHMENT #3 Did not own property in the last three years p. 5, ATTACHMENT #4 (e) This property should be' exempt from real and personal property taxation because it is owned and used full-time by a 501(c)(3) nonprofit corporation serving the needs of persons with dis- abilities through employment, training, and education. Sugar Plum promotes integration of mentally and physically disabled persons into society by helping them become independent and working, contributing members of our communities. Currently, there are three programs in operation at Sugar Plum. Eight to twelve persons with disabilities are continuously employed in the In-House Program and are responsible for the production needs of the Bakery and Cafe. A separate Community Placement Program places other persons with disabilities in competitive jobs outside the bakery. The Work-Ability Program identifies tasks and skill level training for persons with pro- found disabilities and for which they receive commensurate pay. Future plans include a program working with traumatically brain injured persons and expanding the Sugar Plum mission to other localities. .... . ~INTERNAL REVENUE SERu~rE ISTRICT DIRECTOR .,.~,u ~ '.', :' 31: HOPKINS PLAZA :-:'".: ' BALTIMORE, MD 2120i '"' ;!i SUGAR PLUM INC 1353 L,~SKIN ROAg VIRGIN.IA 8EACH, UA 'PARTMENT OF '[HE TREASURY Employer Identification N~mberr Contact.' P,._"rson: MS. J. PACKARD Contact Teleph'dn~ Number: (30I) ;;;;- ..Your exemp~"status u~der secti::,n. 501(8) ot the Inter'nat Revenue Code as an :.. ~ : .-~ .. organi2:a~i.,;m described in ~ec~io~ 502(c)(3) is-s~ill in effect. Based ,:,n ~he .- ¥.:'?,:.:-';~L :.~ info'rma~ion y,:)~[ suSm'i~ed~ Ne ha*CC de~ermi~ed ~ha~ you are no~ a privat~ .... ~r'g~n~zati.)~ ,3f the fi~,oe desc~-ibed in T,,~,.:t{o~'~ 509(a;, (1) and lTO(b) (1)CA, n~.,.,Fs and con'bribut,:,rs maF :'?i..:., ,:,n th,s d,:-ter~natlon unless i,'se your s~.c+;ioq 509(a) (1) ~ta~:.zE, a 9F-~ntoF ,:,r contrib,.ttOf may nc, i- r'(,ly · hhe ac't; ,:,F failure to ach. ,..,~ the 'qb?:.t.~ntial or m,~te~ial change ,:,n bhe par~ ~,e organJzabion that resulted in ~,:~t[r loss o¢'such ststus~ or if he or she acquired kno~-~ledge that the lntern,~; Revenue ~"Fvice had given 0c, tic~ that ~4oqld no longest be classified as ~ '~ef:~ion 509(a)(1) organization. " [f..~4e have indicated in 8he heading of ~his le~er ~ha~ an addendum appJ ies~ the addendum enclosed' is a~ integral part of this Petter. - 18 - Item III-L CONSENT AGENDA ITEM # 36311 Upon motion by Councilman Lanteigne, seconded by Councilman Baum, City Council APPROVED in ONE MOTION items 1, 2, 3, 4, 5 and 6 of the CONSENT AGENDA. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy IC Parker Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 8, 1992 - 19 - Item III-I. 1. CONSENT AGENDA ITEM # 36312 Michael Benedetto, 1305 Yawl Point, Phone: 481-1530, represented Tidewater Fibre Corporation (543- 5766) and spoke in OPPOSITION. Upon motion by Councilman Lanteigne, seconded by Councilman Baum, City Council ADOPTED: Ordinance authorizing the City Manager to execute an Agreement and award a Contract with New England CRlnc. to operate and maintain a RECYCLING facility for the City of Virginia Beach and Southeastern Public Service Authority Material Recovery. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.. Clyburn, Robert ~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy ~ Parker Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 8, 1992 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 AN ORDINANCE TO AWARD AND AUTHORIZE THE CITY MANAGER TO EXECUTE A MATERIALS RECYCLING FACILITY AGREEMENT WITH NEW ENGLAND CR INC. TO OPERATE AND MAINTAIN A RECYCLING FACILITY FOR THE CITY AND SOUTHEASTERN PUBLIC SERVICE AUTHORITY MATERIALS. WHEREAS, since 1989 the City has participated with Southeastern Public Service Authority (SPSA) to provide door to door recycling; WHEREAS, in September 1990 the City of Virginia Beach established 20 recycling drop off centers and the Waste Management Division of Public Works has been collecting the recyclable and storing same in 40 cubic yard containers at the Virginia Beach Landfill; WHEREAS, the City Council desires to enter into an agreement for the purpose of designing, constructing and operating a Material Recycling Facility (MRF) to transfer the responsibility of coordinating the recycling of materials to a private firm; and WHEREAS, bids for such an agreement were received on September 12, 1991, and it is recommended that the City Council award the contract for the operation of the MRF to New England CR Inc. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the referenced contract with New England CR Inc. for the design, construction and operation of a Material Recycling Facility for the City and SPSA materials is hereby awarded and that the City Manager be and hereby is authorized to sign and execute same on behalf of the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8 day of December , 1992. 34 35 36 37 CA-4915 ORDIN\NONCODE\CRINC.ORD R-3 PREPARED: 12/03/92 APPROVED AS TO LEGAL SUFFIC?~N~RM - 20 - Item III-L 2. CONSENT AGENDA ITEM # 36313 Upon motion by Councilman Lanteigne, seconded by Councilman Baum, City Council ADOPTED: Ordinance directing the City Manager apply for Section 108 Community Development Block Grant loan to the United Sates Department of Housing and Urban Development re Seatack, Atlantic Park and Queen City target neighborhood projects. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: V~ce Mayor William D. Sessoms, Jr. December 8, 1992 AN ORDINANCE TO APPLY FOR COMMUNITY DEVELOPMENT BLOCK GRANT SECTION 108 LOAN FUNDS FOR SEATACK, ATLANTIC PARK AND QUEEN CITY TARGET NEIGHBORHOOD PROJECTS 1 2 3 4 5 6 7 8 9 WHEREAS, the U.S. Department of Housing and Urban Development has established the Section 108 Loan Program under the Community Development Block Grant Program in order to provide funding for large community development projects; and WHEREAS, the Council desires to provide housing rehabilitation assistance to residents of Seatack, Atlantic Park and Queen City; and WHEREAS, Community Development Block Grant funds are a necessary resource to fund the completion of the Seatack, Atlantic Park and Queen City projects. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 10 11 12 That the City Manager is hereby authorized and directed to submit a Section 108 Loan Application to the U.S. Department of Housing and Urban Development, and to provide such assurances, understandings and additional information as are or may be required by HUD. 13 14 day of Adopted by the Council of the City of Virginia Beach, Virginia on this Eighth December 1992. 15 16 17 18 19 APPROVED AS TO CONTENT: M~a~./Ustick, l~ir~'tor/ Departtfient of Housing and Neighborhood Preservation APPROVED AS TO FORM: g: \users\jponder/reporta/108ag end.ord - 21 - Item III-I. 3. CONSENT AGENDA ITEM # 36314 Upon motion by Councilman Lanteigne, seconded by Councilman Baum, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $200,000 from the Virginia Housing Partnership Fund's Indoor Plumbing/Rehabilitation Program re improvements to eligible owner-occupied houses in the Barberton and Seatack areas of Virginia Beach; and, authorizing the City Manager execute an Agreement carrying out such program. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch~ III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy IC Parker Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 8, 1992 ORDINANCE TO ACCEPT AND APPROPRIATE $200,000 FROM THE VIRGINIA HOUSING PARTNERSHIP FUND'S INDOOR PLUMBING/REHABILITATION PROGRAM FOR HOUSING REHABILITATION 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 WHEREAS, the Department of Housing and Neighborhood Preservation operates housing rehabilitation programs for the benefit of the citizens of Virginia Beach, and WHEREAS, the Virginia Department of Housing and Community Development has notified the City that it has made available $200,000 in Indoor Plumbing/Rehabilitation Program funds for the rehabilitation or reconstruction of eligible owner occupied houses in the Barberton and Seatack areas of Virginia Beach, and WHEREAS, the Department of Housing and Neighborhood Preservation is currently operating such a program and will continue it with the use of these funds. NOW, THEREFORE, BE IT ORDAINED THAT THE COUNCIL OF THE CITY OF VIRGINIA BEACH accepts and appropriates $200,000 for use as specified by the Virginia Department of Housing and Community Development, and BE IT FURTHER ORDAINED THAT the City Manager is authorized to execute an agreement to carry out such program. Adopted by the Council of the City of Virginia Beach on the E±ghth day of December , 1992. 19 20 21 22 Approved as to Contents: ustic ( D rec Housing' and Neighborhood Preservation Approved as to Legal Form: Clty Attorney g:\uscrs\jpoadcr\rcports\iadoor Item [li-I. 4. CONSENT AGENDA ITEM # 36315 Upon motion by Councilman Lanteigne, seconded by Councilman Baum, City Council ADOPTED: Ordinance to APPROPRIATE $40,500 from Reserve for Federal Arbitrage within the General Fund Balance for payment to the United States Treasury Department re rebateable arbitrage on 1987 Certificates of Participation. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy IC Parker Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessorns, Jr. December 8, 1992 AN ORDINANCE TO APPROPRIATE $40,500 FOR PAYMENT TO THE UNITED STATES TREASURY DEPARTMENT FOR REBATEABLE ARBITRAGE 1987 CERTIFICATES OF PARTICIPATION WHEREAS, The City earned during the fiscal years 1987 to date interest from the investment of the proceeds of the $7,080,000 1987 Certificates of Participation, and WHEREAS, in accordance with the 1986 Tax Reform Act, the U. S. Treasury Department regulations require the City to rebate to the Federal Government all interest earnings from the investment of the certificate proceeds in excess of the average interest rate paid on the certificates of participation, and WHEREAS, this rebate amount, called rebateable arbitrage, is to be paid 60 days from the five year anniversary date of when the City received the original proceeds, and therefore the 1987 Certificates of Participation Rebate amount is due by December 13, 1992, and WHEREAS, the firm of Reznick Fedder and Silverman has determined the rebateable arbitrage amount on the 1987 Certificates of Participation to be $40,500, and WHEREAS, in order to fully comply with these Federal regulations, $40,500 will need to be appropriated from the Reserve for Federal Arbitrage within the General Fund Balance for payment to the U. S. Treasury Department for the 1987 Certificates of Participation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $40,500 be appropriated from the Reserve for Federal Arbitrage within the General Fund balance for payment to the U. S. Treasury Department for Arbitrage earnings on the 1987 Certificates of Participation. Adopted this day, the 8 day of December, 1992, by the Council of the City of Virginia Beach, Virginia. This ordinance shall be in effect from the date of its adopt ion. Item III-L5. CONSENT AGENDA ITEM # 36316 Upon motion by Councilman Lanteigne, seconded by Councilman Baum, City Council ADOPTED: Ordinance to APPROPRIATE $7,053 from the Access Channel Services Special Revenue Fund to the Department of Video Services re purchase of new and replacement video equipment. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis I~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy lC. Parker Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 8, 1992 1 2 3 4 5 6 7 $ 9 10 11 12 AN ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT OF $7,053 TO THE VIDEO SERVICE DEPARTMENT FOR VIDEO EQUIPMENT WHEREAS, the Cox Cable company has signed a franchise the City of Virginia Beach that includes an initial cash grant the amount of $1.00 per subscriber; WHEREAS, the funds received from the Cox Cable franchise are designated to be used for equipment for the Video Services Department; WHEREAS, this initial cash grant paid to the City of Virginia Beach in the amount of $102,922 and is deposited in Special Revenue Fund, Access Channel Support Services; WHEREAS, the Video Services Department needs to replace and purchase video equipment to ensure public viewing and recording of public hearings; WHEREAS, the cost of this video equipment is $7,053; 13 14 15 16 17 18 19 20 21 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds in the amount of $7,053 are appropriated in the Access Channel Services Special Revenue Fund for the purpose of purchasing new and replacement video equipment for the Department of Video Services; BE IT FURTHER ORDAINED: The estimated revenue in the Access Channel Support Services Special Revenue Fund be increased by $7,053 for funds received from Cox Cable. This ordinance shall be in effect from the date of it adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 8 day of December APPROVED AS TO OONTENT Waiter C.'~aemer, Jr. Dept. of Management and Budget - 24 - Item 111-I.6. CONSENT AGENDA ITEM # 36317 Upon motion by Councilman Lanteigne, seconded by Councilman Baum, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the right-of-way of proposed Park Place Drive to Baymark Construction Corporation re construction and maintenance of subdivision identification sign, landscaping and irrigation system (PRINCESS ANNE BOROUGH). The following conditions shah be required: The applicant agrees to maintain a 3' horizontal separation between the concrete footing of the proposed sign and the existing 6" force main. 2. The owner agrees to remove the encroachment when notified by the City of Virginia Beach, at no expense to the City. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 4. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert ~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 8, 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF PROPOSED PARK PLACE DRIVE TO BAYMARK CONSTRUCTION CORPORATION, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE 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 Section 15.1-893, Code of Virginia, 1950, as amended, Baymark Construction Corporation, its heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment into the right-of-way of proposed Park Place Drive. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a subdivision identification sign, landscaping, and irrigation system in the said right of way and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Park Place Drive, on the certain plat entitled: "PARK PLACE SUBDIVISION," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of Baymark Construction Corporation, its heirs, assigns and successors in title and that within thirty (30) days after such notice is given, said encroachment shall be removed from the City's right-of-way of proposed Park Place Drive and that Baymark Construction Corporation, its heirs, assigns and successors in title shall bear all costs and expenses of such removal. 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 AND, PROVIDED FURTHER, that it is expressly understood and agreed that Baymark Construction Corporation, its heirs, assigns and successors in title 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 encroachment. AND, PROVIDED FURTHER, that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Baymark Construction Corporation executes an agreement with the City of Virginia Beach encompassing the aforementioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the $ day of December , 19 92 58 59 60 CBC/tga 11/16/92 baymark.ord 2 0 -:i -o! I 9 .-I0 ~' .L~I:iHS 3:IS ~INI"I THIS AGREEMENT, made this day of , 19 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, party of the first part, Grantor, and BAYMARK CONSTRUCTION CORPORATION, a Virginia Corporation, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, party of the second part, Grantee. W I T N E S S E T H: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a subdivision identification sign, landscaping, and irrigation system in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such subdivision identification sign, landscaping, and irrigation system, it is necessary that the said party of the second part encroach into a portion of an existing City right-of-way known as Park Place Drive; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such subdivision identification sign, landscaping, and irrigation system within a portion of the City's right-of-way known as Park Place Drive. 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 Park Place Drive for the purpose of constructing and maintaining such subdivision identification sign, landscaping, and irrigation system. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained by the party of the second part in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's right-of-way known as Park Place Drive as shown on that certain plat entitled: "PROPOSED ENTRANCE SIGN PARK PLACE SUBDIVISION," and "PARK PLACE SUBDIVISION ENTRANCE ISLANDS" consisting of three pages, copies of which are 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 party of the second part shall maintain a 3' horizontal separation between the concrete footing of the proposed sign and the existing 6" force main. Any damage to the City facilities located in Park Place Drive (including but not limited to the aforesaid 6" force main) that may occur during the installation or future maintenance of the subdivision identification sign, landscaping and irrigation system shall be the sole responsibility of the party of the second part. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's right-of-way known as Park Place Drive by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the City's right-of-way. It is further expressly understood and agreed that prior to issuance of a Highway permit, the party of the second part must post a Performance Bond and show proof of public liability insurance of a minimum of Three Hundred Thousand Dollars ($300,000.00). It is further expressly understood and agreed that any above ground encroachments shall conform to the minimum setbacks requirements, as established by the City Traffic Engineer's Office. It is further expressly understood and agreed that the encroaching subdivision sign shall not exceed thirty-two (32) square feet per face, shall not exceed two (2) faces, shall not exceed six (6) feet above the natural grade at the curb, and landscaping shall be approved by the Landscape Services Division of the Department of General Services. It is further expressly understood and agreed that the party of the second part shall submit for review and approval, a survey of the area being encroached upon, certified by a professional engineer, and/or "as built" plans of the encroachment, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 4 It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. WITNESS WHEREOF, the said Baymark Construction Corporation has caused this Agreement to be executed in its corporate name and on its behalf by its president, and its corporate seal to be hereto affixed and duly attested by its corporate secretary with due authority by its board of directors. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its 5 City Manager and its seal be hereunto affixed and attested by its City Clerk. ( SEAL ) ATTEST: CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager City Clerk M:~P, ROVED AS TO CONTEI,,I1 (//' '"' ,SIGNATURE. J DEPAIITMENT }~ ~~~~' ~er, Pre~ldent-- Baymark Construction Corp. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: , a Notary Public in and for the City and State aforesaid, do hereby certify that , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER PURSUANT TO SECTION 2-154 OF THE CITY CODE, whose name is signed to the foregoing Agreement bearing date on the day of , 19__, has acknowledged the same before me in my City and State aforesaid. 19 GIVEN under my hand this day of My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of , 19 __, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 19 My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, 5. 5Co~ ~o3~¢r , a Notary Public in and for the City and State aforesaid, do hereby certify that RICHARD S. FOSTER, PRESIDENT on behalf of BAYMARK CONSTRUCTION CORPORATION, whose name is bearing date the ~oT~day of signed to the foregoing writing, Oc~obc( , 19~, has acknowledged the same before me in my City and State aforesaid. Given under my , 19~. My Commission Expires: hand this 30 ~ ~ day ...... y ublic of - 25 - Item III-J. PUBLIC HEARING ITEM # 36318 Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: (a) BAY ASSOCIATES PLANNING BY CONSENT CONDITIONAL USE PERMIT (b) W1TCHDUCK BINGO, INC. CONDITIONAL USE PERMIT (C) VIRGINIA METRONET, INC. CONDITIONAL USE PERMIT 2. RECONSIDERATION (a) WILLIAM AND SHELLEY STALLINGS RECONSIDERATION CONDITIONS VARIANCE (6/9/92) OF (a) THOMAS W. GODFREY, SR. AND MARGARET C. GODFREY (b) VULCAN MATERIALS COMPANY (c) HERBERT A. CULPEPPER AND RICHARD L. SPREDER, SR. (d) WETIANDS ZONING ORDINANCE (e) SECTION III~FAMILY PLANNING STREET CLOSURE CONDITIONAL USE PERMIT VARIANCES CONDITIONAL USE PERMIT AMENDMENT/CZO AMENDMENT/CZO December 8, 1992 - 26 - Item III-J. 1. PUBLIC HEARING ITEM # 36319 PLANNING BY CONSENT Upon motion by Councilman Moss, seconded by Councilman Jones, City Council APPROVED in ONE MOTION Items 1. a, b, and c of the PLANNING BY CONSENT agenda. Voting: 10-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessorns, Jr. December 8, 1992 - 27 - Item III-J.l.a. PUBLIC HEARING ITEM # 36320 PLANNING BY CONSENT Upon motion by Councilman Moss, seconded by Councilman Jones, City Council ADOPTED Ordinance upon application of BAY ASSOCIATES for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF BAY ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY OF AN OUTDOOR NATURE R012921789 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Bay Associates for a Conditional Use Permit for a recreational facility of an outdoor nature (36 hole grass putting course and a game room) on certain property located on the east side of General Booth Boulevard, 340 feet south of South Birdneck Road. Said parcel contains 3. 46 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: .d wooded buffer at least twenty (20) feet in width shall be retained along all residential property lines. The buffer may be variable in width along property lines adjoining commercially- zoned property. The applicant shall submit a Tree Protection and Preservation Plan to the Planning Department at the time of detailed site plan submittal. The Plan must identify ali on-site vegetation to be preserved, including required wooded buffers and must fully describe protective measures to be utilized during construction. All mature trees identified on the Plan must be described by species and diameter at breast height. Prior to detailed site plan submittal, the applicant shall meet with the Planning Commission's Design Advisory Group to present and discuss the proposed putting green operation. A minimum of one parking space per hole shall be developed in conjunction with the proposed putting green operation. To minimize the impervious area on the site, the developer will phase in additional parking only if demand requires..4 forty- foot wooded buffer shall be left between the proposed facility and Birdneck Lakes unless this area is needed for additional parking. A minimum twenty-foot buffer shall be retained at all times. No outdoor speakers shall be audible beyond the property lines. Lighting on the site shall be directed inward so as to ensure no spillover of illumination onto adjacent properties. 6. Hours of operation shall be limited to 7:00 AM to 11:00 PM. 7. A shared access agreement must be developed in conjunction with the adjoining parcel to the South. December 8, 1992 - 28 - Item III-J.l.a. PUBLIC HEARING ITEM # 36320 (Continued) PLANNING B Y CONSENT The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of December. Nineteen Hundred and NineS-Two Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert Vd. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 8, 1992 STATEMENT OF CONSENT APPLICANT: APPLICATION: DESCRIPTION: CITY COUNCIL SESSION: BAY ASSOCIATES Conditional Use Permit - General Booth Boulevard/South Birdneck Road (Princess Anne Borough) Recreational facility of an outdoor nature (36 hole grass putting course) and a game room December 8, 1992 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: A wooded buffer at least twenty (20) feet in width shall be retained along all residential property lines. The buffer may be variable in width along property lines adjoining commercially-zoned property. The applicant shall submit a Tree Protection and Preservation Plan to the Planning Department at the time of detailed site plan submittal. The Plan must identify all on-site vegetation to be preserved, including required wooded buffers and must fully describe protective measures to be utilized during construction. All mature trees identified on the Plan must be described by species and diameter at breast height. Prior to detailed site plan submittal, the applicant shall meet with the Planning Commission's Design Advisory Group to present and discuss the proposed putting green operation. A minimum of one parking space per hole shall be developed in conjunction with the proposed putting green operation. To minimize the impervious area on the site, the developer will phase in additional parking only if demand requires. A forty-foot wooded buffer shall be left between the proposed facility and Birdneck Lakes unless this area is needed for additional parking. A minimum twenty-foot buffer shall be retained at all times. No outdoor speakers shall be audible beyond the property lines. Lighting on the site shall be directed inward so as to ensure no spillover of illumination onto adjacent properties. 6. Hours of operation shall be limited to 7:00 AM to 11:00 PM. By:. A shared access agreement must be developed in conjunction with the adjoining parcel to the South. Attorney/Agent Date: - 29 - Item III-J. 1. b. PUBLIC HEARING PLANNING BY CONSENT ITEM # 36321 Upon motion by Councilman Moss, seconded by Councilman Jones, City Council ADOPTED the Ordinance upon application of WITCHDUCK BINGO, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF WITCHDUCK BINGO, INC. FOR A CONDITIONAL USE PERMIT FOR THE EXPANSION OF A COMMERCIAL RECREATIONAL FACILITY OTHER THAN THAT OF AN OUTDOOR NATURE (BINGO) R012921790 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Witchduck Bingo, Inc. for a Conditional use Permit for the expansion of a commercial recreational facility other than that of an outdoor nature (bingo) on a portion of Parcel G, Section 2, Aragona Village. Said parcel is located at 660 North W~tchduck Rod and contains 2.54 acres. BAYSIDE BOROUGH. 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 Eighth of December, Nineteen Hundred and Nine~_ -Two Voting: 10-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy I~ Parker Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 8, 1992 Item III-J.l.c. PUBLIC HEARING PLANNING B Y CONSENT ITEM # 36322 Upon motion by Councilman Moss, seconded by Councilman Jones, City Council ADOPTED the Ordinance upon application of VIRGINIA METRONET, INC., for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF VIRGINIA METRONET, INC., FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATIONS TOWER AND RELATED ANCILLARY USES R012921791 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Virginia Metronet, Inc. for a Conditional Use Permit for a communications tower and related ancillary uses at the western extremity of Ward Court. Said parcel is located at 5820 Ward Court and contains 7.657 acres. BAYSIDE BOROUGH. The following condition shall be required: Prior to site plan approval, the applicant must submit a letter from a registered engineer verifying that the proposed facility located on Ward Court will not cause the public to be exposed to excessive levels of radio frequency radiation. The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance. Adopted by the Council of the City of Firginia Beach, Virginia, on the Eighth qf December. Nineteen Hundred and Ninety-Two Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy IC Parker Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 8, 1992 STATEMENT OF CONSENT APPLICANT: VIRGINIA METRONET, INC. APPLICATION: Conditional Use Permit - Ward Court (Bayside Borough) DESCRIPTION: Communications tower/ancillary uses CITY COUNCIL SESSION: December 8, 1992 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: Prior to site plan approval, the applicant must submit a letter from a registered engineer verifying that the proposed facility located on Ward Court will not cause the public to be exposed to excessive levels of radio frequency radiation. Attorney/Agent Owner Item III-J. Za. PUBLIC HEARING ITEM # 36323 PLANNING RECONSIDERATION Attorney R. Edward Bourdon, Jr., Pembroke Office Park, Pembroke One-The Fifth Floor, Phone: 499- 8971, requested the application be WITHDRAWN. Attorney Bourdon's letter of December 2, 1992, is hereby made a part of the record. Upon motion by Councilman Brazier, seconded by Councilman Moss, City Council ALLOWED WITHDRAWAL of RECONSIDERATION OF A CONDITION in the application of WILLIAM AND SHELLEY STALLINGS for a Variance (APPROVED 6/9/92). Application of William and Shelley Stallings for an appeal from Decisions of Administrative Offices in regard to certain elements of the subdivision Ordinance. Subdivision for William and Shelley Stallings. Property is located at 2508 Little Lake Court. LYNNHAVEN BOROUGH. Voting: 10-0 Council Members I~oting Aye: John ./1. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 8, 1992 Item III-J. 3. a. PUBLIC HEARING ITEM # 36324 PLANNING Attorney Charles Salle' 192 Ballard Court, Phone: 490-3000, represented the applicant Upon motion by Councilman Brazier, seconded by Councilman Lanteigne, City Council APPROVED subject to compliance of conditions by June 8, 1993, Ordinance upon application of THOMAS W. GODFREY, SR. and MARGARET C. GODFREY for the discontinuance, closure and abandonment of a portion of a cul-de-sac located on the east side of Bray Road. Application of Thomas W. Godfrey, Sr. & Margaret C. Godfrey for the discontinuance, closure and abandonment of a portion of a cul-de-sac located on the east side of Bray Road, 329.61 feet north of Lynn Acres Road. Said parcel contains 1,943 square feet. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. The applicant shah dedicate a utility easement over the entire portion of Bray Road considered for closing The ultimate disposition of this right-of-way shah be by purchase. Policy regarding determination of fair market value is available from the Office of Public Works Real Estate. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions by June 8, 1993. The City Staff and applicant shall meet relative Condition No. 2 concerning a requested waiver for the purchase of right-of-way. December 8, 1992 Item PUBLIC HEARING PLANNING ITEM # 36324 (Continued} Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy IC Parker Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessotns, Jr. December 8, 1992 Item III-J. 3. b. PUBLIC HEARING ITEM # 36325 PLANNING Upon motion by Councilman Jones, seconded by Councilman Baum, City Council ADOPTED the Ordinance upon application of VULCAN MATERIALS COMPANY for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF VULCAN MATERIALS COMPANY FOR A CONDITIONAL USE PERMIT FOR A STORAGE OR PROCESSING FACILITY (CONCRETE RECYCLING) R012921792 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA Ordinance upon application of Vulcan Materials Company for a Conditional Use Permit for storage or processing facility (concrete recycling) on the west of Ferry Road, 479.02 feet north of Shore Drive. Said parcel is located on 2429 Ferry Road and contains 8.154 acres. BAYSIDE BOROUGH. The following conditions shall be required: 1. Sprinklers shall be installed to control dust arising out of the proposed use. 2. A detailed site plan identifying areas of storage, recycling and sales must be submitted for detailed site plan review. Crushed materials may not be stored on the site unless appropriate berrns or the equivalent are installed to prevent the spreading of the material. This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, V~rginia, on the Eighth of December. Nineteen Hundred and Ninety-Two December 8, 1992 Item III-J. 3. b. PUBLIC HEARING ITEM # 36325 (Continued) PLANNING Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy IC Parker Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. and Vice Mayor William D. Sessoms, Jr. December 8, 1992 Item III-J, 3.¢. PUBLIC HEARING ITEM # 36326 PLANNING The following spoke in SUPPORT of the applications: Attorney R. Edward Bourdon, Pembroke One Fifth Floor, Phone: 499-8971 Joe Vitale, 2201 Vaughan Road, Phone: 427-8391 Tom Baker, 2060 Vaughan Road, Phone: 721-0558 The following spoke in OPPOSITION to the applications: Timothy E. Barrow, 1928 Thunderbird Drive, Phone: 427-2900, represented Ronald Brock and the adjoining landowners Barbara M. Henley, 3513 Charity Neck Road, Phone: 426-7501. Mrs. Henley represented herself, as a Member of the Agricultural Community and SAVE. Paul Ackiss, 4625 Miles Standish Road, Phone: 464-3405 Billy Chaplain, 445 Cavalier Drive, Phone: 425-0702 Charles Traub, III, 784 Glasgow Court, Phone: 340-0956, represented self and the Back Bay Restoration Foundation Rae LeSesne, 5325 Thornburg Lane, phone; 497-8008, President - Citizens Action Coalition, Inc. Ronald Brock, 1255 Princess Anne Road, Phone: 426-7000 Upon motion by Councilman Lanteigne, seconded by Councilman Baum, City Council APPROVED applications of HERBERT ,4. CULPEPPER AND RICHARD L. SPREDER, SR. for Variances of the Subdivision Ordinance: Section 4.1(m) which requires minimum pavement widths; Section 4.1(p) which limits the length of cul-de-sac streets; and, Section 4.4(e) which requires rear lots which abut a major right-of-way of ninety (90) feet or greater in width to provide certain landscape screening adjacent to that right-f-way. City Council ADOPTED an Ordinance upon application of HERBERT ,4. CULPEPPER and RICHARD L. SPREDER, SR. for a Conditional Use Permit: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Herbert ,4. Culpepper and Richard L. Spreder, Sr. Property is located on the west side of Princess Anne Road, 200 feet more or less south of Vaughan Road. PUNGO BOROUGH. ORDINANCE UPON APPLICATION OF HERBERT ,4. CULPEPPER AND RICHARD L. SPREDER, SR., FOR ,4 CONDITIONAL USE PERMIT R012921793 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Herbert ,4. Culpepper & Richard L. Spreder, Sr., for a Conditional Use Permit for 24 single family dwellings in the Agricultural District on certain property located on the west side of Princess Anne Road, 200 feet more or less south of Vaughan Road. Said a parcel contains 93.32 acres. PUNGO BOROUGH. December 8, 1992 - 37 - Item III-J. 3. c. PUBLIC HEARING ITEM # 36326 (Continued) PLANNING The following conditions shall be required: 7. 8. 10. A one-foot no ingress/egress easement is required along Princess Anne and P'aughan Roads except at the one entrance located on Vaughan Road. In lieu of a park reservation or dedication, the applicant shall make a cash contribution to the City to be set aside in a special fund for the purchase or improvement of a community park in the southern portion of the City. The amount of the cash contribution must be approved by City Council. Category VI landscaping will not be required on Princess Anne Road. A 15-foot landscape buffer will be designated along Princess Anne Road. Existing trees in this buffer will be preserved and additional trees will be added to fill in any places devoid of landscaping. The proposed cul-de-sac shall consist of a 30-foot pavement section, grass swales and no curb or gutter. Notched curb will not be required. The proposed length of the cul-de-sac (approximately 3,200 linear feet) is acceptable. The proposed street time to the south need not be improved at this time. This subdivision is approved for a total of 24 residential lots. The entrance to this subdivision shall be developed with a landscape median. A 50' buffer, as described in the Comprehensive Plan, shall be established along alt property lines which adjoin an active agricultural operation, the required buffers must be planted prior to occupancy. Erosion and sediment control measures must be noted and described for any land disturbance, exceeding 2500 square feet, on the site development plan. The site development plans and recorded plats for lots 9 through 18 shall include the following note: Site clearing for the primary dwelling, driveways, primary septic tank drainfeld, and all accessory structures shall not exceed 50% of the lot area. Areas which are not cleared are "conservation areas". No development or substantial removal of vegetation is allowed within the "conservation area". Conservation areas shall be noted only on the site development plans by lengths and bearings. December 8, 1992 Item III-J. 3. c. PUBLIC HEARING ITEM # 36326 (Continued) PLANNING 11. 12. 13. 14. The site development plans and recorded plat for Lot #8, of which approximately 2 acres is non-forestal, shall include the following note: Site clearing for the primary dwelling, driveways, primary septic tank drainfield, and all necessary structures shall not exceed 1.5 acres of the forestal portion of the lot. Areas which are not cleared are "conservation areas". No development or substantial removal of vegetation is allowed within the "Conservation Area". The conservation areas shall be noted only on the site development plan by lengths and bearings. There shall be only one (1) curb cut and the annual rate of development shall be spread over 10 years with a maximum of four building permits in each of the first two years and two each year thereafter. A 50-foot landscaped buffer of additional trees shall be required along Vaughn Road to infill those areas devoid of landscaping. The private cemetery located on the property shall be granted a pedestrian access. THE DEED RESTRICTIONS PROFFERED B Y THE APPLICANT SHALL BE PLACED IN PROPER FROM AND RECORDED IN THE DEED BOOKS OF THE OFFICE OF THE CLERK OF CIRCUIT COURT. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of V~rginia Beach, V~rginia, on the Eighth of December, Nineteen Hundred and Nine~_ -Two December 8, 1992 - 39 - Item III-J.3. C. PUBLIC HEARING ITEM # 36326 (Continued) PLANNING Voting: 6-4 Council Members l/'oting Aye: John A. Baum, Linwood O. Branch, III, James gE. Brazier, Jr., Robert W. Clyburn, Louis t~ Jones and Paul J. Lanteigne, Council Members Voting Nay: Robert IC Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy IC Parker Council Members Absent: Vice Mayor William D. Sessorns, Jr. December 8, 1992 Item III-J. 3. d. PUBLIC HEARING ITEM # 36327 PLANNING Upon motion by Council Lady Parker, seconded by Councilman Moss, City Council ADOPTED, AS AMENDED and with CORRECTIONS: AMENDMENT to the Wetlands Zoning Ordinance of the City Zoning Ordinance: REPEAL Article 14, Section 1417 AMEND and REORDAIN Article 14, Sections 1400, 1401, 1402, 1403, 1405, 1406, 1407, 1408, 1409, 1410, 1412, 1413, 1414, 1415 and 1416 AMEND and REORDAIN Article 14 by ADDING Sections 1407.1, 1408. L 1409.1 and 1418. *On Page 4, Line 188 and 121 - Blackwater River should be Blackwater Creek and on Line 122 Millbank Creek should be Mill Dam Creek. Voting: 10-0 Council Members l/'oting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 8, 1992 1 2 3 4 5 6 7 8 AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 14 OF THE CITY ZONING ORDINANCE (THE WETLANDS ZONING ORDINANCE), BY THE AMENDMENT OF SECTIONS 1400, 1401, 1402, 1403, 1405, 1406, 1407, 1408, 1409, 1410, 1412, 1413, 1414, 1415 AND 1416; THE ADDITION OF NEW SECTIONS 1407.1, 1408.1, 1409.1 AND 1418; AND THE REPEAL OF SECTION 1417. ARTICLE 24. WETLANDS ZONING ORDINANCE 10 11 12 13 14 15 16 Sec. 1400. Intent. The~v.~..~--~n-.~ wv~:~-~-- city council of the City of Virginia Beach, acting pursuant to Chapter 2.1 13 (~28.2-1300 et seq.) of Title ~2.1 28.2 of the Code of Vir nia, ....... ~_~ ................ ~ reordains this article regulating the use and development of wetlands. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Section 1401. Definitions. For the purposes of this ordinance: (a) Commission means the Virginia Marine Resources Commission. (b) Commissioner means the Commissioner of ~ .... V~.~--~-~ ....a Marine Resources (c) Person means any corporation, association, or partnership ~-~ '~' ..... ~ individual~ company business, trust, joint venture or'other legal entity or any unit of government or agency thereof. (d) Governmental activity means any or all of the services provided by ~- ~ .......... ~ -~ the City of Virginia Beach to its citizens for the purpose of maintaining ~ ~ ~ and shall include~ but ~ ............... this c , not be limited to~ such services as constructing, repairing and maintaining roads, providing sewage facilities, supplying and treating water, providing 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 street lights, and cons~ .... ~- ~ ........... constructing public buildings. (e) Vegetated wetlands means all that land~ lying between and contiguous to mean low water and an elevation above mean low water equal to the factor 1.5 one and one-half (1%) times the mean tide range at the site of the proposed project in the City of Virginia Beach; and upon which is growing ~- ~--~-- ~ ~ ......... ~. ..... ---~-~---~-~ ~-~- any one or more of the following species' saltmarsh cordgrass (Spartina alterniflora), saltmeadow hay ($partina patens), saltgrass (Distichlis spicata), black needlerush (Juncus roemerianus), saltwort (Salicornia spp.), sea lavender (Limonium spp.), marsh elder (Iva frutescens), groundsel bush (Baccharis halimifolia), wax myrtle (Myrica sp.), sea oxeye (Borrichia frutescens), arrow arum (Peltandra virginica), pickerelweed (Pontederia cordata), big cordgrass (Spartina cynosuroides), rice cutgrass (Leersia oryzoides), wildrice (Zizania aquatica), bulrush (Scirpus validus), spikerush (Eleocharis sp.), sea rocket (Cakile edentula), southern wildrice (Zizaniopsis miliacea), cattails (Typha spp.), three-squares (Scirpus spp.), buttonbush (Cephalanthus occidentalis), bald cypress (Taxodium distichum), black gum (Nyssa sylvatica), tupelo (Nyssa aquatica), dock (Rumex spp.), yellow pond lily (Nuphar sp.), marsh fleabane (Pluchea purpurascens), royal fern (Osmunda regalis), marsh hibiscus (Hibiscus moscheutos), beggar's tick (Bidens sp.), smartweeds (Polygonum sp.), arrowhead ($agittaria spp.), sweet flag (Acorus calamus), water hemp (Amaranthus cannabinus), reed grass (Phragmites communis) and switch grass (Panicum virgatum). (f) m~..~ ...... .~~ Vegetated wetlands of Back Bay and its tributaries and thc or vegetated wetlands of the North Landing River and its tributaries shall mean all marshes 2 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 '-' (h) subject to flooding by normal and wind tides, ~__~..~_N '~'~-~ .......... ~ ....... , ~ .... ~ d~d- ~..~ ~ shall but not~.~--~-~-~~ hurricane or tropical storm tides~ and upon which onc or morc~ growing any of the following species: saltmarsh cordgrass (Spartina alterniflora), saltmeadow hay (Spartina patens), black needlerush (Juncus roemerianus), marsh elder (Iva frutescens), groundsel bush (Baccharis halimifolia), wax myrtle (Myrica sp.), arrow arum (Peltandra virginica), pickerelweed (Pontederia cordata), big cordgrass ($partina cynosuroides), rice cutgrass (Leersia oryzoides), wildrice (Zizania aquatica), bulrush ($cirpus validus), spikerush (Eleocharis sp.), cattails (Typha spp.), three-square~ (Scirpus spp.), dock (Rumex sp.), smartweed (Polygonum sp.), yellow pond lily (Nuphar sp.), royal fern (Osmunda regalis), marsh hibiscus (Hibiscus moscheutos), beggar's tick (Bidens sp.), arrowhead (Sagittaria sp.), water hemp (Amaranthus cannabinus), reed grass (Phragmites communis) and switch grass (Panicum virgatum). Wetlands ..... ~--~ Board or Board means~ ~-~-~~-~ the Wetlands Board of the City of Virginia Beach. Back Bay and its tributaries means the following~ as shown on the U.S. Geological Survey Quadrangle Sheets for Virginia Beach, North Bay, and Knotts Island: Back Bay north of the Virginia-North Carolina State line; Capsies Creek north of the Virginia-North Carolina State line; Deal Creek; Devil Creek; Nawney Creek; Redhead Bay, Sand Bay, Shipps Bay, North Bay, and the waters connecting them; Beggars Bridge Creek; Muddy Creek; Ashville Bridge Creek; Hells Point Creek; Black Gut; and all 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 ~ (k) (1) coves, ponds and natural waterways adjacent to or connecting with the above-named bodies of water. North Landing River and its tributaries means the following~ as bascd shown on United States Geological Survey Quadrangle Sheets for Pleasant Ridge, Creeds, and Fentress: the North Landing River from the Virginia-North Carolina line to Virginia Highway 165 at North Landing Bridge; the Chesapeake and Albemarle Canal from Virginia Highway 165 at North Landing Bridge to the locks at Great Bridge; all named and unnamed streams, creeks and rivers flowing into the North Landing River and the Chesapeake and Albemarle Canal except the following: West Neck Creek north of Indian River Road; Pocaty River west of Blackwater Road; Blackwater River Creek west of its forks located at a point approximately six thousand four hundred 6400 feet due west of the point where the Blackwater Road crosses the Blackwater ~--~- R .... Creek at the village of Blackwater; and Millbank Mill Dam Creek west of Blackwater Road. Nonvegetated wetlands means all that unvegetated land~ lying contiguous to mean low water and wh~eh land i~ between mean low water and mean high water~ including those unvegetated areas of Back Bay and its tributaries and the North Landing River and its tributaries subject to flooding by normal and wind .......... ~ .......... but not -- hurricane or tropical storm tides. Wetlands means both vegetated and nonvegetated wetlands. Ordinance means the Wetlands Zoning Ordinance. 4 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 Section X402. Uses. The following uses of and activities on in wetlands are pcrmittc~ authorized, if otherwise permitted by law: (a) The construction and maintenance of noncommercial catwalks, piers, boathouses, boat shelters, fences, duckblinds, wildlife management shelters, footbridges, observation decks and shelters and other similar structures~ provided that such structures are so constructed on pilings as to permit the reasonably unobstructed flow of the tide and preserve the natural contour of the wetlands; (b) The cultivation and harvesting of shellfish~ and worms for bait; (c) Noncommercial outdoor recreational activities, including hiking, boating, trapping, hunting, fishing, shellfishing, horseback riding, swimming, skeet and trap shooting, and shooting on shooting preserves; provided that no structure shall be constructed except as permitted in subsection (a) of this section; (d) Grazing, haying, and Thc the cultivation and harvesting of agricultural, forestry or horticultural products~ (e) Conservation, repletion and research activities of the A__. commission the Virginia Institute of Marine Science, the Department of Game and Inland Fisheries and other rclatcd conservation~ relate~ agencies; (f) The construction or maintenance of aids to navigation which are authorized by governmental authority; (g) Emergency measures ~ccrccs of decreed by any duly appointed health officer of a governmental subdivision acting to protect the public health; (h) The normal maintenance~ and repair of, or addition to~ presently existing roads, highways, railroad beds, or tkc facilities As .......... ~___~_~_.~ .... ~.. 5 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 (i) (J) (k) crossing wetlands, provided that no waterway is altered and no additional wetlands are covered; Governmental activity on wetlands owned or leased by the Commonwealth cf Virginia, or a political subdivision thereof; The normal maintenance of ~ manmade drainage ditches, provided that no additional wetlands are covered; and provided further, that this ~~.~.. subsection shall not be deemed to authorize construction of any drainage ditch; and Outdoor recreational activities other than those set forth in subsection (c), provided that such activities do not~,'~' impair the natural functions of the wetlands~ or '~' alter the natural contour of the wetlands 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 Section 1403. Applications for permits. (a) Any person who desires to use or develop any wetland within this city, other than for those activities specified in section 1402~.~,~ .... shall first file an application for a permit with the .... ~-~- ~-~-~ Wetlands Board ~-~-~-- ~- ~-~---~ ~- (b) An application shall be accompanied by plans and other data in reference to the proposed use or development. Plans shall be prepared, stamped and endorsed by such qualified professional licensed to practice in the Commonwealth of Virginia as the planning director may require; provided, however, that this requirement may be waived if, in the judgment of the planning director, the nature of the work to be performed renders it unnecessary. An application shall include the following: The name and address of the applicant; a detailed description of the proposed activity or activities; and a map, drawn to an appropriate and uniform scale, showing the area of wetland directly affected, with the location of the proposed work thereon, indicating the area of existing and proposed fill and excavation, ..... ~-- the 6 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 location, width, depth and length of any proposed channel and tkc disposal area~, and the location of all existing and proposed structures~ sewage collection and treatment facilities, utility installations, roadways, and other related appurtenances or facilities, including those on adjacent uplandsl, and a description of the type of equipment to be used and the means of equipment access to the activity site; the names and addresses of owners of record of adjacent land and known claimants of water rights in or adjacent to the wetland of whom the applicant has notice; an estimate of cost; the primary purpose of the project; any secondary purposes of the project, including further projects; the public benefit to be derived from the proposed project; a complete description of measures to be taken during and after the alteration to reduce detrimental off-site effects; the completion date of the proposed work, project, or structurel and such additional materials and documentation as the ~ctlands beard Wetlands Board or planning director may ~ ............. ............... z require. (c) A nonrefundable processing fee to cover the cost of processing the application shall_~A ~..~-~ .... ~ accompany each permit application· Such fee shall be in thc an amount e~ equal to seven- ' ~' percent (0.7%) of the total construction value tenths of one ~.., of the permit item for commercial applications~ with a minimum fee of two hundred dollars ($200·00) and a maximum fee of two thousand five hundred dollars ($2,500 00), and one-quarter of one ' ~:' percent (0·25%) of the total construction value of the permit item for residential applications~ with a minimum fee of one hundred dollars ($100.00) and a maximum fee of one thousand dollars ($1,000.00). Tkcsc Such fees shall apply to original applications, includinq after-the-fact applications, and to re-applications, and 236 237 238 239 Section L404. Public inspection of permit applications, maps, etc. Ail applications, maps, and documents relating thereto shall be open for public inspection at the planning department. 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 Section 1405. Public hearing procedure on per. it applications. Not later than sixty (60) days after receipt of ~uch complete application, the '-~ctland~ board Wetlands Board shall hold a public hearing on such application. The applicant, the local ~.~..~..~ w~-- city council, the commissioner, the owner of record of any land adjacent to the wetlands in question, known claimants of water rights in or adjacent to the wetlands in question, the Virginia Institute of Marine Science, the Department of Game and Inland Fisheries, the Virginia Water Control Board, the Department of Transportation and any governmental agencies expressing an interest therein shall be notified ~-- ~ ~ of the hearing. The Board shall ~y mail such notices not less than twenty (20) days prior to the date set for the hearing. The ~ beard Board shall also cause notice, of ~uck the hearing to be published at least once a week for two (2) weeks prior to such hearing in tkc newspaper ....... ~ a of general circulation in the City of Virginia ~ ~ -~ .... ~ state Beach. ~aeh The published notice shall .... that copies of ~uck the application may be examined in the planning department. The costs of such publication shall be paid by the applicant. 260 261 262 263 264 265 266 267 268 269 270 271 272 Section 1406. Action of board on permit application. (a) In acting on any application for a permit, the board Board shall grant the application upon the~..~_..~.~n-~ favorablc affirmative vote of not less than four (4) members. If the application receives less than four (4) affirmative votes, the permit shall be denied. (b) The chairman chairperson of the board Board, or in his or ~h ......... chairperson, may administer oaths her absence the acting - ~ .... and compel the attendance of witnesses. Any person may appear and bc heard testify at the public hearing. Each witness at the hearing may submit a concise written statement of his testimony. The board Board shall make a record of the proceeding, which shall include the application, any written statements of witnesses, a 8 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 summary of statements of all witnesses, the findings and decision of the board Board, and the rationale for the decision. (c) The board Board shall make its determination within thirty (30) days from o__f the hearing. If the board Board fails to act take a vote within such time, the application shall be deemed approved. Within forty-eight (48) hours of its determination, the board Board shall notify the applicant and the commissioner of such determination, and, if If the board Board has not made a determination within such thirty-day period, it shall promptly tify ~ ~ '~ ~"~ has no the applicant and the commission that ;- -- _~A and that the appli tion ............. ~ ~d ca is deemed approved, m~A ~A__ ,,~_~,, ~ ......... Board s decision is reviewed or appealed, thcn the board Board shall transmit the record of its hearing to the commissioner. Upon a final determination by the commission, the record shall be returned to the board Board. The record shall be open for public inspection at the planning department. 295 296 297 298 299 300 301 302 303 304 305 306 307 Section 1407. Bonding requirements; suspension or revocation of permit. The board Board may require a reasonable bond or letter of credit in an amount and with surety and conditions satisfactory to it~ securing to the ~" ~ ' ' ' ~ ..... ~= ~ V~rg~n~a ~-~ Commonwealth compliance with the conditions and limitations set forth in the permit. The board Board may, after hearing as provided herein, suspend or revoke a permit if the board Board finds that the applicant has failed to comply with any of the conditions or limitations set forth in the permit or has exceeded the scope of work auuA~t forth described in the application. The board Board, after hearing~ may suspend a permit if the applicant fails to comply with the terms and conditions set forth in the application. 9 308 309 310 311 312 313 8co. 1407.1. Duties of board. In fulfilling its responsibilities under this article, the Board shall preserve, and prevent the despoliation and destruction of, wetlands within its jurisdiction while accommodating necessary economic development in a manner consistent with wetlands preservation. 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 Section 1408. -.-.---"-"-' ........ r--------,~ ..... Standards for grant or denial of permit. (a) In making its decision whether to grant, to grant in modified form, or to deny an application for a permit, the board Board shall ~__A ~_ ~--~-~ .... ~--A ~--~--- consider the following: (1) ~"-~--~-- --~--~ ~--"-~ ~- The testimony of any person in support of or in rebuttal opposition to the permit application. (2) Impact of the development on the public health and welfare ........... ~ ~-- ~A -~ ..... ~ -~--~--~- ~ ~- ~ ............. ; and (3) The proposed development's conformance with the standards prescribed in section 1408.1 of this ordinance and 330 331 332 333 334 335 336 337 338 339 340 341 342 section 28.2-1308 of the Code of Virginia and the guidelines promulgated by the commission pursuant to section 28.2-1301 of the Code of Virginia. 10 343 344 345 346 347 348 349 350 351 352 ............. ~.-~ .... activ . The Board shall grant the permit if all of the following criteria have been met: (1) The anticipated public and private benefit of the proposed activity exceeds its anticipated public and private detriment; (2) The proposed development conforms with the standards prescribed in section 1408.1 of this ordinance and 353 354 355 356 357 358 359 360 361 362 363 364 365 366 section 28.2-1308 of the Code of Virginia and the guidelines promulgated by the commission pursuant to section 28.2-1301 of the Code of Virginia; and (3) The proposed activity does not violate the purposes and intent of this article or Chapter 13 (,~28.2-1300 et seq.) of Title 28 of the Code of Virginia. If the board Board finds that any of the -- "-" ....... m~4-3_ ~. I -~ 4-~- ._4_ _~ V..__~_.._ __4 _~ "-_.t._l~ criteria set forth in subdivisions (1), (2) and (3) of this subsection are not met, the board Board shall deny the permit application with leave to the applicant to resubmit the application in modified form. 367 368 369 370 371 372 373 374 375 376 sec. Z408.Z. s~an4a=4s £o= use an4 4evelopment of ~etlan4s. (a) The following standards shall apply to the use and development of wetlands and shall be considered by the Board in the determination of whether any permit required by this article should be granted or denied: (1) Wetlands of primary ecological significance shall not be altered so that the ecological systems in the wetlands are unreasonably disturbed; and (2) To the maximum extent practical, development shall be concentrated in wetlands of lesser ecological 11 377 378 379 380 381 382 383 384 385 significance, in vegetated wetlands which have been irreversibly disturbed before July 1, 1972, in nonvegetated wetlands which have been irreversibly disturbed prior to January 1, 1983, and in areas outside of wetlands. (b) The provisions of guidelines promulgated by the commission pursuant to section 28.2-1301 of the Code of Virginia shall be considered in applying the standards set forth in subsection (a). 386 387 388 389 390 391 392 Sec. X409. Permits to be in writing, signed, and notarized. The permit shall be in writing, signed by the chairman chairperson of the board Board and notarized. The Board shall transmit a copy of the permit to the commissioner. 393 394 395 396 397 398 399 Sec 1409.1. Private rights, zoning and land use ordinances not affeoted. No permit granted by the Board shall in any way affect the applicable zoning and land use ordinances of the City of Virginia Beach or the right of any person to seek compensation for any injury in fact incurred by him or her because of the proposed activity. 400 401 402 403 404 405 406 407 Seo. 1410. Expiration date and extensions of permit. No permit shall be granted without an expiration date established by the Board; provided, however, that the, and thc ppli Board may, upon proper a cation thcrcfor, extend the permit expiration date. 12 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 Sec. 1411. Emergency sand grading activities on nonvegetated wetlands located on the Atlantic shoreline of Virginia Beach. Notwithstanding the provisions of sections 1401 through 1410, sand grading activities are permitted on nonvegetated wetlands located on the Atlantic shoreline of the City of Virginia Beach if otherwise permitted by law, and if the city manager has declared an emergency and has issued a permit for this purpose. Such activities may be conducted without advance notice and hearing; however, the city manager, upon request and after reasonable notice as to time and place, shall hold a hearing to affirm, modify, amend, or cancel such emergency permit. "Emergency," as used in this section, means a sudden and unforeseeable occurrence or condition, either as to its onset or as to its extent, of such disastrous severity or magnitude that governmental action beyond that authorized or contemplated by existing law is required because governmental inaction for the period required to amend the law to meet the exigency would work immediate and irrevocable harm upon the citizens of the commonwealth or some clearly defined portion or portions thereof. 428 429 430 431 432 Sec. 1412. Conducting activity without permit. No It shall be unlawful for any person uhall to conduct any activ . - ............. ~ .... requirinq a permit under this article .._~A___..~ ..~A ..~-~ without first having obtained a permit authorizing such activity 433 434 435 436 437 438 439 440 Beo. 1413. Investigations and prosecutions. board Board shall have the authority to investigate all projects, whether proposed or ongoing, which alter wetlands located within the City of Virginia Beach. The ~ board Board shall have the ~ authority to prosecute all violations of any its orders_ of ~..~ _~_~_,~-~ or any violation of any of the provisions 13 441 442 article. 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 Sec. 1414. Reporting, monitorinq, site inspections and notice to comply; .... ' ~--~- ~---' '- -' ..... stop-work ordera. ~ ~ ~" Board chairperson may require -' ~ .............. ~- ~ ~ .......... ~" ~"" permittee to implem nt monitoring and reporting procedures the chairperson believes are reasonably necessary to ensure compliance with the provisions of the permit and this article. The chairperson may require such on-site inspections as ~rc dccmcd he or she believes are reasonably necessary to determine whether the measures required by the permit are being properly perfo~ed, ~ ~-cmc- ~ ..... this or whether the provisions of ~- ~f ..... t ..... d -~--*-- article are being violated. Prior to conducting any such inspections, notice shall be provided by the chairperson to the resident owner, occupier or operator. S u c h ............... , .... ~ ...... ~ ...... , o sha be en an opportunity to accompany the site inspector. If it is determined that there is a failure to comply with the permit, the board ............ chairperson shall serve notice upon the ~ ............ at the address specified by him in his or her application or by delivery at the site of the permitted activities to the person supervising such activities and designated in the permit to receive --~-~ the notice. Such notice shall .~-~ ~.~-~.. describe the measures needed for compliance and the time within which such measures shall -~- f_.l_~ Failure of such person to comply within be completed. 'J~.. ~ ~ ..-e 14 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 ~ ..... uA ~ .... ~ t= bc in shall constitute a the specified period, ....... s ......... violation of this section _..d _~ .................... u..~ j ..... ~c~ (c) T ......... =--~A--__...A--'. ----~"' Upon receipt of .............. M ........... a sworn complaint of a substantial violation of ~ ~.I, ~_~A_~..~ 2.1 ~-~ ~A ~A~ ~ V~--~-~ this article ~ ~ ~ -A-~-- ~ cf ~A ~.. ~ .,~__~_~ ~A~-~ ~_~ from the designated enforcement officer of the Board, the_~-~_ ~..~-~...-.. Board chairperson may, in conjunction with or subsequent to a notice to comply as specified in subsection '~' ~-, (b) of this section, issue an order requiring all or part of the activities on the site to be stopped until the specified corrective measures have been taken. In the case of an activity not authorized by thc afcrcmcntion=d -~-~ .... this article, or where the alleged permit noncompliance is causing, or is in imminent danger of causing, significant harm to the wetlands protected by ~ ~ ...... -..~ ~-~ -~. .... this article, such an order may be issued without regard to whether the person has been issued a notice to comply as specified in subsection '~ ~_, (b) of this section. Otherwise, such an order may be issued only after the permittee has failed to comply with a notice to comply. The order shall be served in the same manner as a notice to comply, and shall remain in effect for a period of seven (7) days from the date of service pending application by the ity .... ~ holdcr A~ ~- resident enforcing author , ~ ............. permittee, owner, occupier or operator for appropriate relief to the circuit court ~ ~ ~.. ~ . . . o~ ~,~__~_~ Up compl tion of corrective action, the order shall immediately be lifted. Nothing in this section shall prevent the ~-~-~ - ~ .... ...... h ......... Board chairperson ~ ~ ~ 1-13.1~ of the from taking any other action specified in ~cc~icn ~. ~A -~ "~--~-~ ~-~ section 1413 of this ~-~-~- ordinance (d) Upon receipt of a sworn complaint of a substantial violation of this article from a designated enforcement officer, 508 the Board may order that the affected site be restored to 509 predevelopment conditions if the Board finds that restoration is 510 necessary to recover lost resources or to prevent further damage to 15 511 512 513 514 515 516 517 resources. The order shall specify the restoration necessary and establish a reasonable time for its completion. The order shall be issued only after a hearing with at least thirty (30) days' notice to the affected person of the hearing's time, place and purpose, and shall become effective immediately upon issuance by the Board. The Board shall require any scientific monitoring plan it believes necessary to ensure the successful reestablishment of wetlands 518 519 520 521 protected by this article and may require that a prepaid contract acceptable to the Board be in effect for the purpose of carrying out the scientific monitoring plan. The Board may also require a reasonable bond or letter of credit in an amount and with surety 522 523 and conditions satisfactory to it securing to the Commonwealth compliance with the conditions set forth in the restoration order. 524 525 526 527 528 529 530 531 The appropriate court, upon petition by the Board, may enforce such restoration order by injunction, mandamus, or other appropriat~ remedy· Failure to complete the required restoration is a violation of this article· ' ~,'-' (e) The duties of the wv~--~ ~..~..~-~ .... Board chairperson prescribed in this section may be delegated to ~ ....... ~"~ his or her designees; however, such ~ designees shall not be ~ .......... '~'~ .... ~- designated ~- enforcement officers 532 533 534 535 536 537 538 539 540 541 Any person who knowingly, intentionally, or negligently or violates any order, rule or regulation of the commission or ~ ~ tl~ boar~ Wetlands Board, ~ --~ - ...... ~c ..... .~l~tcc any this article cf thc ---~ .... ~ ..... ~ ~ ~-- ~ ' ' ' i i it any prey s on of a perm granted Chapter 13 of Title 28.2 of the Code of Virginia or this article of 542 543 544 545 be guilty of a Class i misdemeanor. Following a conviction& every day the violation continues shall be dcamcd constitute a separate offense. 16 546 547 548 549 550 551 552 553 554 555 Bec. 1416. Injunctions. 4- 4-~-4- ~ not in lieu of the In addition to and ..... ~ -- ~-- provisions of o--4-~-- ~ ._~ ~o _~ 4-~_ C-d- ~ "~-~~-~- --~ 4- -~ ordinance, upon sections 1413, 1414, and 1415 of this ar~i~c petition of the --~ctlandu board Wetlands Board to the circuit court -~ 4-~-~" -~ "~--~-~- ~-~-~ the court may enjoin ---~ an act which is unlawful act under the provisions of this article and may order the ~ ...... =o ~t...~ .......... ~ defendant to take such steps as are necessary to restore, protect and preserve the wetlands involved. 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 d agcncy cf the 17 58O 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 and 605 606 607 608 609 610 611 612 613 Sec. 1418. Civil penalties; civil charges. (a) Without limiting the remedies which may be obtained under this article, any person who violates any provision of this articl~ or who violates or fails, neglects or refuses to obey any commission or Board notice, order, rule, regulation or permit condition authorized by this article or Chapter 13 of Title 28.2 of the Code of Virginia shall, upon such finding by the circuit court, be assessed a civil penalty not to exceed $25,000 for each day of violation. Such civil penalties may, at the discretion of the 18 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 court, be directed to be paid into the treasury of the city for the purpose of abating environmental damage to or restoring wetlands in the city, in such manner as the court may, by order, direct, except that in the event the city or its agent is the violator, the court shall direct the penalty to be paid into the state treasury. (b) Without limiting the remedies which may be obtained under this article, and with the consent of any person who has violated any provision of this article or Chapter 13 of Title 28.2 of the Code of Virginia, or who has violated or failed, neglected or refused to obey any commission or Board order, rule, regulation or permit condition authorized by this article or Chapter 13 of Title 28.2 of the Code of Virginia, the Board may provide, in an order issued by the Board against such person, for the one-time payment of civil charges for each violation in specific sums, not to exceed '$10,000 for each violation. Civil charges shall be in lieu of any appropriate civil penalty which could be imposed under subsection (a) of this section. Civil charges may be in addition to the cost of any restoration ordered by the commission or Board. 632 633 634 635 636 637 Adopted by the Council of the City of Virginia Beach on the day of December , 1992. CA-92-4879 \wmordres \ 45-1400E. R-2 R-2 12-8-92 19 Item III-J. 3. e. PUBLIC HEARING ITEM # 36328 PLANNING Upon motion by Councilman Baton, seconded by Councilman Brazier, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 111 of the City Zoning Ordinance re definition of term "family" (dwelling units). Voting: 10-0 Council Members Voting Aye: John A. Baton, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy IC Parker Council Members Voting Nay: None Council Members Absent: V~ce Mayor William D. Sessorns, Jr December 8, 1992 '7 lO 3.1 12 13 14 lB 16 l? 18 19 2O 21 22 23 24 2S 26 27 2~ 3O 31 32 33 34 AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 1, SECTION 111 OF THE CITY ZONING ORDINANCE PERTAINING TO THE DEFINITION OF THE TERM FAMILY. BE IT ORDAINED BY THE CITY COUNCIL OF T~E CITY OF VIRGINIA BEACH, VIRGINIA: That Section 111 of the City Zoning Ordinance is hereby amended and reordained to read as' follows: Family. A "family" is: (a) An individual living alone in a dwelling unit; or (b) Any of the following groups of persons, living together and sharing living areas in a dwelling unit: (1) Two (2) or more persons related by blood, marriage, adoption, or approved foster care; { 2) A group of not more than four (4) persons {including servants) who need not be related by blood~ marriage, adoption or approved foster care; .... =cc.a_ A group of not more than eight (8) mentally ill~ mentally retarded or developmehtally disabled persons residing with one or more resident counselors or other staff persons and licensed by the Department of Mental Health; Mental Retardation and Substance Abuse Services; provided~ that mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in section 54.1-3401 of (4) the Code of Virginia{ A group of not more than two (2) adults, who need not be related by blood or marriage, and the dependent children of each of the two (2) adults, provided that the children 87 ere under nineteen (19) years of age or are physicallY or developmentally disabled. 37 38 Adopted ~y the Council of the city of Virginia Beach, Virginia on the 8 day of December , 1992. 39 4o 41 CA-4444 \ordin\proposed\45,111.pro R-1 88 Item III-I~ I.a. APPOINTMENTS ITEM # 36329 Upon NOMINATION by Councilman Baum, City Council APPOINTED: CHESAPEAKE BAY PRESERVATION AREA BOARD Charles W. Gardner 3-year term 1/1/93 thru 12/31/95 Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert V~. Clyburn, Robert I~ Dean, Louis R~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy I~ Parker Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr December 8, 1992 Item III-K.l.b. APPOINTMENTS ITEM # 36329 Councilman Baum NOMINATED Harold Heischober for REAPPOINTMENT to the CHESAPEAKE BAY PRESERVATION AREA BOARD. Council Lady Parker NOMINATED Mary M. Heinricht for APPOINTMENT to the CHESAPEAKE BAY PRESERVATION AREA BOARD. Council Members Voting for Harold Heischober: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones and Paul J. Lanteigne, Council Members Voting for Mary M. Heinricht: Robert IC Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy IC Parker Council Members Absent: Vice Mayor William D. Sessoms, Jr. City Council REAPPOINTED: CHESAPEAKE BAY PRESERVATION AREA BOARD Harold Heischober 3-year term 1/1/93 thru 12/31/95 December 8, 1992 Item III-IC Z APPOINTMENTS ITEM # 3633O Upon NOMINATION by Councilman Baum, City Council APPOINTED: AND, REAPPOINTED: COMMUNITY SERVICES BOARD Lynda G. Strickler 3-year Term 1/1/93 thru 12/31/95 COMMUNITY SERVICES BOARD Edward L. Richardson Eddy H. Whichard 3-year term 1/1/93 thru 12/31/95 Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy IC Parker Council Members Voting Nay: None Council Members Absent: Vice Mayor ~illiam D. Sessoms, Jr December 8, 1992 Item HI-K.$. APPOINTMENTS ITEM # 36331 Upon NOMINATION by Councilman Baum, City Council REAPPOINTED: VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Loretta Cornelius Alfred W. Craft Benjamin Laremont, M~). Tanya L. Monroe 4-year term 1/1/93 thru 12/31/96 Voting: 10-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis P~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy IC Parker Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr December 8, 1992 Item llI-M, lat. NEW BUSINESS ITEM # 36332 Lou M. Pace, 1908 Hunts Neck Court, Phone: 468-0925, believed roads and sewers should be reevaluated together. Upon motion by Councilman Lanteigne, seconded by Councilman Brazier, City Council ADOPTED: Resolution directing City staff to reevaluate priorities re sewer projects within the Capital Improvement Program, giving particular consideration to sewer projects which would alleviate Class I health hazards. (Sponsored by Councilman Paul J. Lanteigne) l/'oting : 9-1 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James FK. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy I~ Parker Council Members Voting Nay: Robert I~ Dean Council Members Absent: Vice Mayor William D. Sessoms, Jr December 8, 1992 1 Requested by Councilman Paul J. Lanteigne 2 3 4 5 A RESOLUTION DIRECTING THE CITY STAFF TO REEVALUATE PRIORITIES RESPECTING SEWER PROJECTS IN THE CAPITAL IMPROVEMENT PROGRAM 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, the Capital Improvement Program (CIP) approved upon second reading by the City Council on December 1, 1992, deleted or deferred a significant number of road construction projects originally proposed for inclusion therein; WHEREAS, one of the factors considered by the Staff in establishing the priority within the~ CIP of a proposed sewer construction project has been whether or not such project is a part of, or may be undertaken concurrently with, a road construction project; WHEREAS, an additional factor considered by the Staff in establishing the priority within the CIP of a proposed sewer construction project has been whether or not such project would alleviate a Class I health hazard; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Staff be, and hereby is, directed to reevaluate the priority of sewer projects within the Capital Improvement Program in light of the deletion or deferral of road projects, as stated hereinabove, and in performing such reevaluation, to give particular consideration to sewer construction projects which would alleviate Class I health hazards. 27 28 29 30 31 32 the Adopted by the Council of the City of Virginia Beach on day of December 1992 CA-92-4927 \noncode\sewproj.res R-2 12-1-92 - 47 - Item llI-M.I.b. NEW BUSINESS ITEM # 36333 Upon motion by Councilman Lanteigne, seconded by Councilman Branch, City Council ADOPTED: Resolution inviting parties interested in establishing a track for horse racing in the City of Virginia Beach to contact the City Manager for discussion. (Sponsored by Councilman Paul J. Lanteigne) Voting: 10-0 Council Members l/oting .dye: John .d. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy I~ Parker Council Members Voting Nay: None Council Members .dbsent: Vice Mayor William D. Sessoms, Jr December 8, 1992 Requested by Councilman Paul J. Lanteigne 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 A RESOLUTION INVITING PARTIES INTERESTED IN THE ESTABLISHMENT OF A RACETRACK FOR HORSE RACING IN THE CITY OF VIRGINIA BEACH TO CONTACT THE CITY MANAGER WHEREAS, a referendum was held at the November 3, 1992, general election on the question of whether pari-mutuel wagering should be permitted at a racetrack in the City of Virginia Beach; WHEREAS, at the general election, voters of the City overwhelmingly voted in favor of permitting pari-mutuel wagering at a racetrack in the City; WHEREAS, such a racetrack would be a showcase for Virginia and locally-bred horses and would provide an important new revenue source for Virginia and local horse farms and other agricultural-related businesses; WHEREAS, a strong local horse industry would help to increase rural land values; WHEREAS, the establishment of a racetrack in the City would provide a significant contribution to the City's economic base through increased development generated by the racetrack itself and "spin-off" industries, increased employment opportunities for local citizens, and the revenues associated therewith; and WHEREAS, City Council finds that the establishment of a racetrack in the City would greatly enhance tourism and would result in a significant increase, both directly and indirectly, in tax revenues. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby invites parties interested in establishing a racetrack for horse racing in the City of Virginia Beach to contact the City Manager to begin discussions that could 33 34 35 36 be mutually beneficial to both the interested parties and the citizens of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8 day of December , 1992. 37 38 39 40 CA-4864 ORDIN \NONCODE \HORSERAC . RES R-2 PREPARED: 12 / 01 / 92 Item llI-M.l.c. NEW BUSINESS ITEM # 36334 The following registered in OPPOSITION to the Ordinance: Rick Lippert, 4461 Jeanne Street, Phone: 497-3054, represented the Fraternal Order of Police Bobby Mathieson, 333 Edwin Drive, Phone: 490-4872, President - Police Benevolent Association Upon motion by Councilman Moss, seconded by Councilman Jones, City Council ADOPTED: Resolution supporting City's policy of denying payroll deduction of dues for membership in voluntary employee organizations. Voting: 7- 3 Council Members l~'oting Aye: John ,4. Baum, Robert W. Clyburn, Robert IC Dean, Louis t~ Jones, John D. Moss, Mayor Meyera E. Oberndorf and Nancy IC Parker Council Members Voting Nay: Linwood O. Branch, III, James W. Brazier, Jr., and Paul J. Lanteigne Council Members ,4bsent: Vice Mayor William D. Sessoms, Jr December 8, 1992 Requested by: Mayor Meyera E. Oberndorf and Councilmembers John D. Moss, Nancy K. Parker, Louis R. Jones, Robert K. Dean and John A. Baum 1 2 3 4 A RESOLUTION IN SUPPORT OF THE CITY'S POLICY OF DENYING PAYROLL DEDUCTION OF DUES FOR MEMBERSHIP IN VOLUNTARY EMPLOYEE ORGANIZATIONS 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 WHEREAS, current City policy limits the types of programs which are permitted to use payroll deductions to those programs which are mandated by law, such as state and federal withholding taxes, and those which are City-sponsored or supported and are available to all City employees, such as the City's health care plans, flexible benefits plan, deferred compensation plan and the savings bond program; WHEREAS, in the past eighteen months, the former City Manager and the present City Manager have been requested by the Fraternal Order of Police and the Virginia Beach Policemen's Benevolent Association, respectively, to authorize payroll deductions of their members' dues; WHEREAS, the Fraternal Order of Police and the Virginia Beach Policemen's Benevolent Association are voluntary employee organizations that are not sponsored or supported by the city or available to all City employees; WHEREAS, State law provides that municipalities have the right to exercise broad discretion in deciding which requests for payroll deductions, if any, they will honor; and WHEREAS, the City Council has determined that the City's policy of allowing payroll deductions only for those programs which are mandated by law, or are sponsored or supported by the City and are available and beneficial to all City employees, regardless of their membership in a particular organization, is fair and appropriate. 30 31 32 33 34 35 36 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby declares its support for the current policy of the City of Virginia Beach which denies payroll deductions for membership dues of voluntary employee organizations. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8 day of December , 1992 . 37 38 39 40 CA-4925 Ordin/Noncode/Payroll.Res R-4 PREPARED: 12/03/92 2 Item III-N. 1. ADJOURNMENT ITEM # 36335 Mayor Oberndorf DECLARED the Meeting ADJOURNED at $:47 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk Ruth Hodges Smith, CMC/AAE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia December 8, 1992