JULY 13, 1999 MINUTESCity of Virginia
Beach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E OBERNDORF At Large
VI( E MAYOR WILLIAM D SESSOMS. JR At Large
LINWOOD 0 BRANCH ili Dtstrtt t 6-Beath
MARGARET L EURE Dtstrtct I Centervdle
WILLIAM W HARRISON JR Dtstrtct 5 Lynnhaven
H4ROLD HEISCHOBER At Large
BARBARA M HENLEY Dtstrttt 7 Prtmess Anne
LOUIS R JONES Dtstrt~t 4 Baystde
REBA S Mc CLANAN Dtstrtct 3 Roae Itall
NANCY K PARKER At Large
A M (DON) WEEKS Dtstrwt 2-Kernpsvdle
JAMES K SPORE Ctty Manager
LESLIE L LILLEY Ctty Attorney
RUTH HODGES SMITH CMCIAAE Ctty Clerk
CITY COUNCIL AGENDA
o~ our HI~'~°~
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH VIRGINIA 23456 9(X)5
PIlONE (757) 427
FAX (757) 426 5669
LMAIL CTYCNCL~_ CITY VIRGINIA BFACtl VA lIS
July 13, 1999
I. CITY MANAGER'S BRIEFINGS
- Conference Room -
10:00 AM
Ao
LIGHT RAIL REFERENDUM QUESTION [30 min.]
Leslie Lilley, City Attorney
II. REVIEW OF AGENDA ITEMS [15 min.]
III. CITY COUNCIL CONCERNS [15 min.]
IV. INFORMAL SESSION
- Conference Room -
11:00 AM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- Council Chamber -
2:00 PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. INVOCATION:
Reverend Larry E. Lenow
Courthouse Community United Methodist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS
July 6, 1999
Ge
AGENDA FOR FORMAL SESSION
The Consent Agenda will be determined during the Agenda Review Session and considered in the
ordinary course of business by Ctty Council to be enacted by one motion.
H. PUBLIC HEARING
CIP AMENDMENTS re: $1.85-MILLION LEASE REVENUE BONDS
for acquisition of 31st STREET PROPERTY
I. ORDINANCES/RESOLUTION
.
.
.
.
.
.
Ordinance to APPROPRIATE $1,850,000 to the 31 st Street Parking Garage (CIP #9-027),
to be offset by financing through Lease-Revenue Bonds to be issued at a future date;
TRANSFER $200,000 from Economic and Tourism Development Partnerships (CIP #9-
260) to CIP #9-027 re acquisition of property needed for the parking garage; and, authorize
the City Manager to enter into the Developer, Lease and Escrow Agreements.
Ordinance to AMEND Section 2-452.2 of the City Code re members and alternates of the
Board of Zoning Appeals to meet annually with the City Attorney in order to review the
duties and responsibilities of the Board, as well as the laws and procedures pertaining to
matters coming before the Board.
Ordinance to AMEND Section 23-45 re peeping toms by incorporating state law provisions;
and, ADDING Section 23-45.1 re the unlawful filming, videotaping or photographing of
others.
Ordinance to AMEND Sections 35-181,35-182 and 35-186, ADDING Section 35-182.2 and
REPEALING Section 35-183 re Admissions Tax by clarifying the definition of events
subject to tax, limiting the tax on free admissions and providing exemptions for events
benefitting charities.
Ordinance to APPROPRIATE $303,500 in Grants from the Federal Emergency
Management Agency (FEMA) and the State Department of Emergency Services to the
FY 1998-1999 Operating Budget of the Fire Department for emergency preparedness
activities; and, estimated revenues from the federal and state government be increased
accordingly.
Ordinance to ACCEPT and APPROPRIATE a $163,000 Grant from the State Department
of Social Services to the FY 1999-2000 Operating Budget of the Department of Social
Services re improving the administration of the Food Stamp Program; establish three (3)
full-time eligibility assistant positions for a two-year period and two (2) part-time temporary
positions for one year; and, estimated revenue from the State Department of Social Services
be increased accordingly.
Ordinance to TRANSFER $181,000 from the Homeless Shelter (CIP #3-046) to the FY
1999-2000 Operating Budget of the Department of Housing and Neighborhood Preservation;
and, authorize the City Manager to provide these funds to the Virginia Beach Community
Development Corporation (VBCDC) re transitional housing to the homeless population.
,
,
10.
11.
12.
I I I I I II
Ordinance to TRANSFER $39,750 from the FY 1999-2000 General Fund Reserve for
Contingencies to the City Manager's FY 1999-2000 Operating Budget re purchase and
installation of a new audio-visual system in the Council Chamber and Conference Room.
Ordinance re a Cooperative Agreement between City Council and the Virginia Beach
School Board re legal services to the Board by the Office of the City Attorney in Fiscal
Year 1999-2000; and, authorize the Mayor to execute the agreement on behalf of City
Council.
Ordinance to create the TRANSPORTATION DISTRICT OF HAMPTON ROADS in
accordance with and pursuant to the Transportation District Act of 1964, as amended,
encompassing the cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth,
Suffolk and Virginia Beach.
Resolution re the proposed 1999-2000 Performance Contract between the Virginia Beach
Community Services Board (CSB) and the Virginia Department of Mental Health, Mental
Retardation and Substance Abuse (MH/MR/SA) services.
License Refunds: $3,319.87
J,
PUBLIC HEARING - PLANNING
3:00 PM
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
,
Petition of KOPASSIS CONSTRUCTION, INC., a Virginia Corporation, for the
discontinuance, closure and abandonment of an unimproved portion of Mill Dam Road at the
Northwest comer of Mill Dam Road and Shoveller Avenue, containing 1,947 square feet
(LYNNHAVEN- DISTRICT 5).
Deferred:
Recommendation:
July 6, 1999
APPROVAL
.
Application of JOYNT ENTERPRISES, INC., (PEMBROKE AUTO SALES) for a
Conditional Use Permit for motor vehicle sales (expansion) at the Southeast comer of
Virginia Beach Boulevard and Kellam Road (4753 Virginia Beach Boulevard), containing
30,000 square feet more or less (KEMPSVILLE - DISTRICT 2).
Recommendation:
APPROVAL
,
Application of PRINCESS HOUSE, L.L.C., for a Conditional Use Permit for housing for
the aged on the East side of Princess Anne Road, 180 feet North of Baxter Road, containing
5.014 acres (KEMPSVILLE - DISTRICT 2).
Recommendation:
APPROVAL
,
Application of BEACH AUTO GROUP, INC., T/A ATLANTIC TRUCK CENTER, for
a Conditional Use Permit for motor vehicle rentals on the North side of Virginia Beach
Boulevard, East of Highway Lane (1752 Virginia Beach Boulevard), containing 38,500 square
feet (BEACH - DISTRICT 6).
Recommendation:
APPROVAL
.
Application of JUDEO-CHRISTIAN OUTREACH CENTER, INC., for a Conditional Use
Permit for a croup home on the South side of Virginia Beach Boulevard, 195.07 feet East of
Seabridge Road (959 Virginia Beach Boulevard), containing 4.059 acres (BEACH -
DISTRICT 6).
Staff Recommendation:
Planning Commission Recommendation:
DENIAL
APPROVAL
i I I II I I I I I I I IIII I
.
.
o
Application of 3MAC ASSOCIATES for a Change of Zoning District Classification from
R-5D Residential Duplex District and R- 15 Residential District to R-7.5 Residential District
at the Southern extremity of Scotland Street beginning at a point 900 feet more or less East
of Salem Road, containing 3.136 acres (PRINCESS ANNE- DISTRICT 7).
Recommendation:
APPROVAL
Application of ZACHARY PLACE CONDOS, L.L.C., for a Change of Zoning District
Classification from R-7.5 Residential District to Conditional A- 18 Apartment District on the
North side of Old Virginia Beach Road, East of Birdneck Road (956 Old Virginia Beach
Road), containing 2.3 acres (BEACH -DISTRICT 6).
Recommendation:
APPROVAL
Ordinance to AMEND Section 6.3 of the Subdivision Regulations of the City Code
(Appendix B) by DELETING the requirement that a subdivision plat or map presented for
recordation include the name of the Borough in which the property is located.
Recommendation:
APPROVAL
Ko
APPOINTMENTS
FRANCIS LAND HOUSE BOARD OF GOVERNORS
PERSONNEL BOARD
L. UNFINISHED BUSINESS
M,
NEW BUSINESS
1. ABSTRACT OF CIVIL CASES RESOLVED- JUNE 1999
N. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD- Telephonic Device for the Deaf)
07/08/99BAP
AGENDA\07-13-99.PLN
www.virginia-beach.va.us
OUR
MINUTES
VIRGINIA BEACH CITY COUNCIL
V~rg~ma Beach, V~rg~n~a
July 13, 1999
Mayor Meyera E Oberndorf called to order the CITYMANA GER 'S BRIEFING re Light Rail Referendum
Question tn the Council Conference Room, Ctty Hall Building, on Tuesday, duly 13, 1999, at 10 O0 A.M
Councd Members Present:
Margaret L. Eure, Harold Hetschober, Louis R. Jones, Reba S
McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, and A M.
"Don" Weeks
Council Members Absent
Vice Mayor Wilham D Sessoms, Jr [ENTERED 10 50 A.M.]
Ltnwood 0 Branch, III
[ENTERED 10 15 A M]
Wtlliam W Harrison, Jr.
[ENTERED 10 30 A M]
Barbara M Henley
[FA THER SUFFERED HEAR T A TTA CK -
ENTERED: DURING CLOSED SESSION]
-2-
CITYMANAGER'S BRIEFING
LIGHT RAIL REFERENDUM QUESTION
10:00 A. M.
ITEM # 45223
City Attorney Leslie Ltlley, dtstributed DRAFT copies of the Light Rail Referendum Question The
proposed questton to appear on the ballot shall read as follows.
Should the City Council adopt an ordinance approving the Virginia
Beach-Norfolk Light Rail Project and requesting the General Assembly
to enact a five percent tax on the retail price of gasoline to fund the
Project?
Yes No
This five percent tax would fund the capttal as well as the operattonal aspects of the project. The Hampton
Roads Partnership has dtscussed a regional tax of l2% for transportation projects One of the questions
ratsed was how this fits in with the aforementioned 5%for light rail. Jayne Whitney, Program Management
Manager- Ttdewater Regtonal Transit, advtsed the Capttal portton of this 5%for TRT ts included tn the
12%proposed regionally; however, the operattonal portton ts not If thts 5% tax on the retail price of
gasoline were to be approved and effecttve before the regtonal tax, then the regtonal tax could be reduced
by the portton related to capttal funchng However, if the 12% regional tax was enacted first, then thts 5%
could be reduced by theportton for the capttal expenchtures covered in the regtonal tax Thts is one questton
wtth two concepts linked together. The other dtscussion point was the posstbdtty of ehmtnatton of the
verbiage related "to enact a five percent tax" and just say "to enact a tax on the retail price of gasoline
to fund the Project". The Ctty Attorney advtsed thts wtll be SCHEDULED for the City Council Session of
August 3, 1999, unless there is other direction
Assistant City Attorney Macali advtsed Mayor Oberndorf the 5% tax is on the entire cost of one's purchase
of gasoline. Relattve whether thts ts a "tax upon top of the other tax" or merely on the sale price, the Ctty
Attorney advised the State Code Section deahng with the Northern Virgtnta Transportation District tmposes
the tax tn this manner and has been the subject of the Attorney General's opinions The tax tmposed shall
be subject to the Virgtnia Retail Sales and Use Tax. The Ctty Attorney advised further information will be
provided after discussion with the appropriate State Officials relattve the mechantsm Correspondence wtll
be distrtbuted to City Council.
Counctl Lady Parker advised dependtng upon whether tt ts done on the retail sale of the tax, or on the
wholesale will make a major difference in the amount of fundtng generated, which meets the projecttons
anttctpated for the revenue of operattng and capital costs. Dale Castellow, Department of Planntng, advised
thetr projections are based upon the cost at the pump, the full retatl sale prtce
Counctl Lady Eure again wished clarification relative whether this was interpreted as the 5% being on the
price of the gasoline before the taxes.
The City Attorney advised thts information has been shared with the local delegation of the General
Assembly Questions have been received relative clarification of the 5% on the price of gasohne as City
Counctl had expressed concern
Councilman Heischober inquired tf the City Attorney intended that this draft would be the only Resolution
or that this was a matter of dtscussion as to whether the Referendum would be held tn November or at some
other ttme. Council Members have tndtcated this Question might be deferred until May when the
Environmental Impact Statement is ready for the north/south route
Mayor Oberndorf was under the tmpression Ctty Council had agreed the Referendum should be held tn
November as historically more cittzens vote in November than tn May
Counctlman Branch beheved there was also a move to look at a number of regional projects and a way of
funding same and he beheved light rail was tncluded. Counctlman Branch inquired as to the effect of those
other regional projects.
July 13, 1999
-3-
CITYMANAGER'S BRIEFING
LIGHT RAIL REFERENDUM QUESTION
ITEM # 45223 (Continued)
Councdman Jones advised, tn the MPO meeting last Wednesday, July 7, 1998, there were 6projects. One
of the categories was light rail~mass transit with a $400-MILLION category in the $3 2-BILLION total
projected funding package. The understandmg that was presented was the light rail project was still "up
in the air" and the funding may or may not be expended on light rail, but would be available through some
type of mass transit.
Robert Matthias, Assistant to the City Manager, advised Chairman Townes basically said for every dollar
he received from a region, he could receive $400from someone else, the Federal or State government
Therefore, he had $2-BILLION worth of needs The region would provtde $400-MILLION, but that would
just be the Capital.
The City Attorney advised the staff has heard a petition relative 31st Street might be another question in the
November election, but at present ts not on the Referendum Council Lady Parker advised there are
residents working on the Stumpy Lake question as well.
BY CONSENSUS, a Resolution will be scheduled for the City Council Session of August 3, 1999, requesting
the Circuit Court to order that a Referendum Election be held on November 2, 1999, on the question of
whether City Council should adopt an Ordinance approving the Virginia Beach-Norfolk Light Rail project
and requesting the General Assembly to enact a.flve percent tax on the retail price of gasoline to fund the
project.
July 13, 1999
-4-
AGENDA RE VIE W SESSION
10:25 A.M.
ITEM # 45224
L1
Ordinance to APPROPRIATE $1,850,000 to the 3P' Street
Parking Garage (CIP #9-027), to be offset byfinanctng through
Lease-Revenue Bonds to be tssued at a future date, TRANSFER
$200,000 from Economtc and Tourism Development
Partnerships (CIP #9-260) to CIP #9-027 re acqutsttton of
property needed for the parktng garage, and, authortze the Ctty
Manager to enter into the Developer, Lease and Escrow
Agreements.
This item will be discussed durtng the Formal Sesston
ITEM # 45225
14
Ordtnance to AMEND Sections 35-181, 35-182 and 35-186,
ADDING Section 35-182.2 and REPEALING Sectton 35-183 re
Admissions Tax by clartfytng the deJ~nttton of events subject to
tax, hmtttng the tax on free admisstons and provichng exempttons
for events benefitttng chartttes
The Ctty Attorney advised there are three secttons existtng tn the Ctty Code, whtch state theperson collecting
any tax shall make out a report on such forms setting forth such tnformatton as the Commtsstoner of Revenue
may requtre showing the amount of the admtssions charges collected and the tax from the admtssions or
purchases for whtch he ts liable and shah stgn and deliver such a report to the Commtsstoner with
remittance of the tax With respect to the Collector's records, it shah be the duty of every person ltable for
the collectton and payment to the Ctty of any tax tmposed by the arttcle to keep and preserve for a period
of two years such suttable records as may be necessary to determtne the amount of such taxes as he may
have been responsible for coHecttng orpaytng to the Ctty Underpenalty, tn the case of a false or fraudulent
return with intent to defraud the City or any tax, the penalty of 50% of the tax shall be assessed agatnst the
operator in addttion to any crtminal charges which mtght be added.
Assistant City Attorney Larry Spencer advised the Commtsstoner of the Revenue has a registratton process
to collect any spectal tax on meals, admissions, etc A memorandum shah be provtded to the businesses
when applying for a bustness hcense.
ITEM # 45226
15. Ordinance to A CCEPT and APPR OPRIA TE $303,500 in Grants
from the Federal Emergency Management Agency (FEMA) and
the State Department of Emergency Services to the FY 1998-
1999 Operattng Budget of the Ftre Department for emergency
preparedness activities; and, estimated revenues from the federal
and state government be mcreased accordingly
Council Lady Eure inquired relattve the in-kind local match of $100,000 (existing personnel that are
currently asstgned for these purposes) The Ctty Manager advised in-kind contributions are prtmary
salartes, however, tf there is any material or space provided by the City thts can be an tn-kind contribution,
as well Therefore, tt is not really a cash outlay
July 13, 1999
-5-
AGENDA RE VIE W SESSION
16
ITEM # 4522 7
Or&nance to ACCEPT and APPROPRIA TEa $163, 000 Grant
from the State Department of Social Services to the FY 1999-
2000 Operating Budget of the Department of Social Servtces re
tmprovtng the admtntstratton of the Food Stamp Program;
estabhsh three (3)full-ttme eligibility asststant postttons for a
two-year pertod and two (2) part-time temporary postttons for
one year, and, esttmated revenue from the State Department of
Social Services be mcreased accordmgly
Counctl Lady Parker inqutred relative the error rate. Staff wtll provide this informatton
ITEM # 45228
17
Ordtnance to TRANSFER $181, O00 from the Homeless Shelter (CIP
#3-046) to the FY 1999-2000 Operating Budget of the Department of
Houstng and Neighborhood Preservation; and, authorize the City
Manager to provtde these funds to the Vtrgtnta Beach Commumty
Development Corporatton (VBCDC) re transitional housing to the
homeless populatton
In response to Council Lady Eure's inqutry, Andy Friedman, Dtrector- Housing and Netghborhood
Preservatton, advtsed four existing properties tn the Ctty wtll be identt, fied. Ctty Funds wtll be utthzed to
buy same and they will be rehabilitated to good condition. The work wtll be contracted out as normally done.
Thts ts all under the control of the Community Development Corporation (VBCDC) Thts wtll cover
acqutring, as well as renovating.
ITEM # 45229
HO Or&nance to create the TRANSPORTATION DISTRICT OF
HAMPTON ROADS in accordance with and pursuant to the
Transportation Dtstrtct Act of 1964, as amended, encompasstng
the Ctttes of Chesapeake, Hampton, Newport News, Norfolk,
Portsmouth, Suffolk and Virginia Beach.
Counctl Members McClanan and Weeks indtcated thetr desire to vote NAY on thts item
ITEM # 45230
H 1 Resolutton re the proposed 1999-2000 Performance Contract
between the Yirgtnia Beach Community Services Board (CSB)
and the I/'irgtnta Department of Mental Health, Mental
Retardation and Substance Abuse (MH/MR/SA) servtces
Councd Lady McClanan requested a memorandum concerning how much less the State ts contrtbuttng to
these vartous programs.
Assistant Ctty Attorney Larry Spencer advtsed Councd Lady Parker, the contract tn December was poorly
drafted and raised many concerns from all the localittes There was language contatned theretn that would
clearly tncrease habthty A VML/VACO sponsored work group consisttng of CSB staff and local Ctty and
County attorneys met with the Commissioner of the Department of Mental Health, Mental Retardation and
Substance Abuse Service and the Attorney General's Office several ttmes tn order to express concerns and
negottate reqmred changes in the contract After several iterattons, the final draft contract was determtned
to be acceptable by the work group The Virginta Beach Communtty Services Board and the Ctty Attorney's
office played a major role tn negotiating this contract. If there were stgntficant concerns, Terry Jenktns,
Director of Commumty Services, had agreed to schedule a Briefing with Asststant City Attorney Spencer
The Ctty has until September 15, 1999, to approve the contract If no action ts taken by September 15, 1999,
the contract ts deemed to be approved
July 13, 1999
-6-
AGENDA RE VIE W SESSION
ITEM # 45251
BY CONSENSUS, the following ttems shall compose the CONSENT AGENDA:
ORDINANCES/RESOL UTION
1.2
Ordinance to AMEND Section 2-452.2 of the City Code re
members and alternates of the Board of Zoning Appeals to meet
annually with the Ctty ~4ttorney tn order to revtew the duties and
responsibdities of the Board, as well as the laws and procedures
pertaimng to matters comtng before the Board
13.
Ordinance to AMEND Section 23-45 re peeping toms by
incorporating state law provisions; and, ADDING Sectton 23-
45.1 re the unlawful.filming, videotaping or photographing of
others.
14.
Or&nance to AMEND Secttons 35-181, 35-182 and 35-186,
ADDING Section 35-182.2 and REPEALING Section 35-183 re
Admissions Tax by clarifying the defmtion of events subject to
tax, limiting the tax on free admissions andprovtchng exempttons
for events benefitttng charities.
15.
Ordinance to A CCEPTandAPPROPRIA TE $303,500 tn Grants
from the Federal Emergency Management Agency (FEMA) and
the State Department of Emergency Services to the FY 1998-
1999 Operating Budget of the Fire Department for emergency
preparedness activities; and, estimated revenues from the federal
and state government be tncreased accordtngly.
1.6
Ordinance to ACCEPT and APPROPRIATE a $163, 000 Grant
from the State Department of Social Services to the FY 1999-
2000 Operattng Budget of the Department of Soctal Services re
improving the admmtstration of the Food Stamp Program,
establish three (3) full-time eligtbility assistant postttons for a
two-year period and two (2) part-ttme temporary positions for
one year; and, estimated revenue from the State Department of
Social Services be increased accordingly.
1. 7. Ordtnance to TRANSFER $181, O00 from the Homeless Shelter
(CIP #3-046) to the FY 1999-2000 Operating Budget of the
Department of Houstng and Netghborhood Preservatton; and,
authorize the Ctty Manager to provide these funds to the Virginia
Beach Community Development Corporation (VBCDC) re
transitional housing to the homeless population.
1.8.
Ordinance to TRANSFER $39,750 from the FY 1999-2000
General Fund Reserve for Contingencies to the City Manager's
FY 1999-2000 Operating Budget repurchase and tnstallatton of
a new audio-visual system in the Council Chamber and
Conference Room.
1.9
Ordinance re a Cooperative Agreement between City Counctl
and the Virgima Beach School Board re legal servtces to the
Board by the OJfice of the City Attorney in Fiscal Year 1999-
2000; and, authortze the Mayor to execute the agreement on
behalf of City Council.
I10
Ordtnance to create the TRANSPORTATION DISTRICT OF
HAMPTON ROADS in accordance wtth and pursuant to the
Transportation Dtstrtct Act of 1964, as amended, encompassing
the Cities of Chesapeake, Hampton, Newport News, Norfolk,
Portsmouth, Suffolk and Virginia Beach.
July 13, 1999
-7-
AGENDA RE VIEW SESSION
ITEM # 45231 (Continued)
HI. Resolution re the proposed 1999-2000 Performance Contract
between the Vtrginta Beach Community Services Board (CSB)
and the Virginia Department of Mental Health, Mental
Retardation and Substance Abuse (MH/MR/SA) servtces
1.12 License Refunds: $3,319.87
Councd Members McClanan and Weeks wall vote a VERBAL NAY on Item L 10.
July 13, 1999
-9-
AGENDA RE VIE W SESSION
ITEM # 45236 (Continued)
J 5 Applicatton of JUDEO-CHRISTIAN OUTREACH CENTER,
INC., for a Conditional Use Permtt for a group home on the
South side of Virgtnia Beach Boulevard, 195 07 feet East of
Seabrtdge Road (959 Virginia Beach Boulevard), containtng
4.059 acres (BEA CH - DISTRICT 6).
J6
Apphcatton of 3MAC ASSOCIATES for a Change of Zomng
Dtstrict Classification from R-SD Residenttal Duplex Dtstrict
and R-15 Restdenttal Dtstrict to R-7. 5 Residenttal Distrtct at the
Southern extremity of Scotland Street begtnning at a point 900
feet more or less East of Salem Road, contatmng 3.136 acres
(PRINCESS ANNE - DISTRICT 7).
J7
Application of ZACHARY PLACE CONDOS, L.L.C., for a
Change of Zoning Distrtct Classificatton from R-7 5 Restdential
Dtstrict to Condittonal A- 18 Apartment District on the North stde
of Old Virgima Beach Road, East of Btrdneck Road (956 Old
Virgtnia Beach Road), containing 2.3 acres (BEA CH-DISTRICT
J8.
Or&nance to AMEND Section 6. 3 of the Subdiviston Regulattons
of the City Code (Appen&x B) by DELETING the requirement
that a sub&vision plat or map presented for recordation tnclude
the name of the Borough in which the property is located
Item J 5 wdl be DEFERRED INDEFINITEL Y, B Y CONSENT.
July 13, 1999
- lO-
CITY COUNCIL COMMENTS
10:46 A.M.
ITEM # 4523 7
Councd Lady McClanan expressed concern relative the occurrences of the Fourth of July weekend.
Mayor Oberndorf advtsed a new group of cittzens wtll be sponsored under UNFINISHED BUSINESS to
express their concerns. There are ntne items which they wish addressed' No horses on Atlanttc Avenue, the
policemen dressed comfortably and not tn hot uniforms, the streets one-way, etc The City Manager has
concurred this new representative group can jotn discusstons relative the plans for Labor Day Richard
Maddox, Chair of the Resort Leadershtp Council, will also discuss the traffic plan for the Fourth of July
weekend One of the hardest dectsions ts to develop a plan allowing tnchviduals to have free access to
thirty-eight blocks tn the Resort Area while matntatntng law and order.
Councilman Branch advised there are dtfferent options being explored with presentattons made to vartous
bustness groups at the Oceanfront concerning new traffic patterns, et cetera Based on experience, there ts
no one solution that will please everyone
Counctl Lady McClanan satd she has recetved so many calls from very sincerepeople that she can not keep
her answertng machine clear. Decisions can not be left to one small group
The Ctty Manager advised a report will be provtded to City Council Members in their package on Friday
concerning the Fourth of July Weekend Plan
July 13, 1999
-11 -
ITEM # 45238
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Ctty Council Conference Room, City Hall Building, on Tuesday, July 13, 1999, at 10'50
AM
Council Members Present:
Linwood O. Branch, III, Margaret L. Eure, Wdliam VK. Harrtson, Jr,
Harold Heischober, Louis R Jones, Reba S McClanan, Mayor
Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wilham D
Sessoms, Jr and A M "Don" Weeks
Council Members Absent'
Barbara M. Henley
July 13, 1999
- 12-
ITEM # 45239
Mayor Meyera E Oberndorf entertatned a motion to permtt City Counctl to conduct its CLOSED
SESSION, pursuant to Section 2 1-344, Code of Vtrgtnta, as amended, for the following purpose
PERSONNEL MATTERS' Dtscusston or constderatton of or intervtews of
prospecttve candidates for employment, asstgnment, appotntment,
promotion, performance, demotion, salaries, disctphntng, or restgnatton
of spectfic public officers, appomtees, or employees pursuant to Sectton
2 1-344 (A) (1)
To Wit
Boards and Commissions
Francts Land House Board of Governors
Personnel Board
Annual Evaluation of Council Appotntees
PUBLICLY-HELD PROPERTY: Discussion or consideratton of the
acquisition of real property for pubhc purpose, or of the disposttton of
publicly-held real property, for dtscusston tn an open meettng which would
adversely affect the bargaining positron or negottattng strategy of the
pubhc body pursuant to Sectton 2 1-344(A)(3).
To-wit
Acquisition - Princess Anne Dtstrict
31st Street Project
LEGAL MA TTERS' Consultation wtth legal counsel or brtefings by staff
members, consultants, or attorneys pertaining to actual or probable
httgatton, where such consultation or briefing in open meetings would
adversely affect the negottattng or htigatingposttton of thepublic body and
consultatton with legal counsel employed or retatned by a pubhc body
regar&ng specific matters reqmring the provision of legal advtce by such
counsel pursuant to Section 2.1-344(A)(7)
To-Wit:
Berkshtre Apartments, LLC, versus Board of Zoning Appeals
31st Street ProJect
Upon motton by Vice Mayor Sessoms, seconded by Councilman Hetschober, City Council voted to proceed
tnto CLOSED SESSION.
Voting 10-0
Councd Members Vottng Aye
Linwood O. Branch, III, Margaret L. Eure, Wtlliam W. Harrison, Jr,
Harold Heischober, Louts R. Jones, Reba S McClanan, Mayor Meyera
E Oberndorf, Nancy K. Parker, Vtce Mayor Wtlham D. Sessoms, Jr. and
A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Barbara M. Henley
July 13, 1999
- 13-
FORMAL SESSION
VIRGINIA BEA CH CITY CO UNCIL
July 13, 1999
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL m the Council Chamber, City Hall Building, on Tuesday, July 13, 1999, at 2 O0 P.M
Council Members Present:
Linwood 0 Branch, III, Margaret L. Eure, Wilham W Harrison, Jr,
HaroM Heischober, Barbara M. Henley, Louis R Jones, Reba S
McClanan, Mayor Meyera E Oberndor~, Nancy K Parker, Vtce
Mayor Wilham D Sessoms, Jr. and A. M "Don" Weeks
Councd Members Absent
None
INVOCATION'
Reverend Larry E. Lenow
Courthouse Community United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vtce Mayor Sessoms, being a Corporate Officer of Wachovia Bank, chsclosed there were no matters on the
agenda tn which he has a "personal interest", as defined in the Act, etther tndtvidually or tn his capacity as
an officer of Wachovta Bank The Vtce Mayor regularly makes this Disclosure as he may not know of the
Bank's interest tn any applicatton that may come before Ctty Councd Vice Mayor Sessoms' letter of January
4, 1999, ts hereby made a part of the record.
July 13, 1999
Item V-E.
-14-
CER TIFICA TION OF
CLOSED SESSION
ITEM # 45240
Upon motton by Vice Mayor Sessoms, second ed by Councilman Heischober, City Counctl CERTIFIED
THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc business matters lawfully exempted from Open Meeting
requirements by Vtrginta law were discussed tn Closed Sesston to whtch
this certtficatton resolution apphes;
AND,
Only such public business matters as were identified tn the motion
convening the Closed Session were heard, chscussed or considered by
Virginia Beach Ctty Counctl.
Vottng: 11-0
Councd Members Voting Aye.
Linwood 0 Branch, III, Margaret L. Eure, William W. Harrtson, Jr.,
HaroM Heischober, Barbara M. Henley, Louis R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor
Wtlliam D. Sessoms, Jr and A M "Don" Weeks
Council Members Voting Nay:
None
Counctl Members Absent:
None
July 13, 1999
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 45239, Page 12, and in accordance w~th the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Closed 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 bus~ness matters lawfully
exempted from Open Meeting requirements by Virgima law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Ruth Hodges S~ith, CMC/AAE
City Clerk
July 13, 1999
Item V-F. 1
- 15-
MINUTES
ITEM # 45241
Upon motton by Vice Mayor Sessoms, seconded by Council Lady Eure, Ctty Council APPROVED the
Minutes of the INFORMAL AND FORM,iL SESSIONS of July 6, 1999.
Voting: 11-0
Councd Members Voting Aye:
Linwood 0 Branch, III, Margaret L. Eure, Wilham W. Harrison, Jr,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E Oberndo~ Nancy K Parker, Vice Mayor
William D. Sessoms, Jr and A. M "Don" Weeks
Councd Members Voting Nay:
None
Counctl Members Absent:
None
July 13, 1999
Item V-G.I.
-16-
,4DOPT ,4 GEND,4
FOR FORMAL SESSION
ITEM # 45242
BY CONSENSUS, Cay Council ADOPTED:
,4 GENDA FOR THE FORM,4L SESSION
July 13, 1999
-17-
Item V-H.I.
PUBLIC HEARING
ITEM # 45243
Mayor Oberndorf DECLARED A PUBLIC HEARING:
CIP AMENDMENTS re: $1.85-MILLION LEASE REVENUE BONDS
for acquisition of 31~ STREET PROPERTY
The followtng registered in SUPPORT:
Geoff Graham, Consulting Ftrm- Hunter Interests, 121 Main Street, Anapohs, Maryland. Phone' (410)
269-0033
Attorney Eric Hauser, represented the developer
Jay Donahue, represented Triple AAA, who performs the hotel rattng services
Geoff Spillman, Vice President Marrtott Hotel Development, 1750 hotels throughout the world wtth over
330, 000 rooms.
Cheney Cole, Chair - Resort Advisory Commisston, 1208 Crystal Lake Ctrcle, Phone: 640-8700, the
RAC voted unanimously to support the Mst Street project.
Tim Barrow, Resort Area Advtsory Commission, Tim Barrow and Associates, Suite 260, Parkway Four,
2697 Internattonal Parkway, Phone. 42 7-2900
Jim Pendergast, Executive Dtrector- VISIONS, expressed support of the organizatton's leadershtp and
tts Executive Committee.
Ehzabeth H. Bauman, Rockafeller's Restaurant, 308 Mechterranean Avenue, Phone' 422-5654
Wayne Jones, Owner - Wayne Jones Florist, 329 Lasktn Road, Phone 428-2901
Robert Taylor, Chairman - Elect, representmg Hampton Roads Chamber of Commerce - Vtrgima Beach,
the Board endorses the 31st Street ProJect
Attorney Kevin Cosgrove, Hunton & Williams, 500 East Matn Street, Norfolk, Phone' 625-5501,
represented Hampton Roads Chamber of Commerce -Vtrgtnia Beach Branch
Attorney Jeffrey Gray, Wilcox and Savage, One Columbus Center #1010, Phone: 628-5600, Vice
Chatrman of Public Pohcy for Hampton Roads Chamber of Commerce -Vtrgtnia Beach Branch
Delceno C. Miles, Vice Chairman of Governmental Affatrs- Hampton Roads Chamber of Commerce
President- The Miles Agency, 287Independence Boulevard, Sutte #228, Phone 499-9627
David Shtvely, Vtce Present - Gold Key Resorts, Board Member - Hampton Roads Chamber of
Commerce -Vtrginta Beach Branch, 928 Lasktn Road, Phone 417-0232
Jimmy Capps, 968 South Oriole Drive, Phone. 428-8015, President- Vtrginta Beach Hotel/Motel
Assoctatton, voted not to adopt a position on the public~private partnership on the aspects of this
project, but supports redevelopment efforts in the Resort and are not opposed to competition
Attorney Mtchael Levinson, 303 34th Street, Phone 437-8800, Member ~ Resort Leadership Council
John Uhrtn, 215 Atlantic Avenue, Phone, 425-5222, Director of Operattons for Burlage Management
Jim Gentry, 1008 Ditchley Road, Phone: 422-3420, hfelong resident of Vtrgtnia Beach
Kevin Phtllips, 100 Pinewood Road #123, Phone. 422-4883, lauded Bruce Thompson for hts assistance
with a benefit tn his behalf relative a heart transplant.
Gordon Huey, owner of Thunderbird Motel, 154 Ptnewood Road, Phone 425-8798
Peter Lawrence, 200 43ra Street, Phone 422-4988, Executive Director - Resort Leadership Counctl
Al Sutton, 756 South Mditary Highway, Phone 420-7701, owner of parking lot at Atlantic Avenue and
6th Street
Ray Patel, 410 21st Street, Phone: 428-6511, owns 6 hotels at the oceanfront, endorses the Mst Street
development.
Attorney Thomas R Frantz, 1016 Curlew Drive, Phone. 473-5311, represented the developer -
Professional Hospttality Resources and its affihates. Mr. Frantz introduced three of its employees
Ken Taylor, Director of Operations - Professional Hospitality Resources, Member of Virginia
Beach/Hotel Motel Association and Resort Leadership
Josh Thompson, son of Bruce Thompson proposed developer, Business Development Manager- Gold
Key Resorts
Linda Tucker, Accounts Payable Supervtsor- Professional Hospitahty Resources, represented the 1600
employees and presented a petition in support of a 4 star hotel, public park and publtc parking factltty
at 31st Street.
Judge George Vakos, owner - Oceanfront Inn (property south of proposed Mst Street Project), regtstered
not tn favor, not against. The Inn supports construction of a five-star hotel This ts sttll prtmartly an
Oceanfront Resort, which caters to a median income class.
Item V-H. 1.
- 18-
PUBLIC HEARING
ITEM # 45243 (Continued)
The following registered tn OPPOSITION:
Barbara Messner, Post Office Box 514, Phone' 422-1902,
Sandy Harrellson, represented Al Wallace of 4601 Chtpptndale Court, Phone. 463-6666
Jack Ferrebee, representtng Concerned Inn Keepers Assoctatton, comprtsed of approxtmately 13 hotel
owners tn the vicinity of the Oceanfront, 1060 Lasktn Road, Phone 425-2234, requested deferral
Maury Jackson, 1125 Dttchley Road, Phone' 428-1470, represented the Citizens Actton Coalition, Inc
Roger Dorian, 100 Pinewood Road, Phone. 422-3634, former Council Member and Planning Board
Chairman Counctl on the Hudson Rtver waterfront.
Dennts Layer, Vtce Prestdent/General Manager- Founders Inn, 5377 Weblin Farm Road,
Phone' 490-0676
Attorney John Walk, representing Conference Center Hotels at Vtrgtnta Beach, Phone. (804) 771-9519
Darnel Batchelor, Vice Prestdent/General Manager Cavaher Hotel, 4204 Atlantic Avenue,
Phone. 425-8555
Melissa Mahoney, 712 Suffolk Circle, Phone. 343-2704, owner of Shopping Center at 3Pt Street and
Atlanttc
Davtd Pender, 1313 North Bayshore Drive, Partner of Ramada Plaza Resort, Phone 428-7025
Mtke Katsias, 4900 Holland Office Park, Phone 490-3585, &strtbuted copies of his remarks and the
Daytona Senttnel and Wall Street Journal arttcles, whtch are hereby made a part of the record
Maxine Graham, 3057 South Sandpiper Road, Phone' 721-3000
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING
July 13, 1999
20 THE BEACON JULY 4, 1999
4 Virginia Beach Sun, Friday, July 2, 1999
NOTICE OF
PUBLIC HEARING
Amendment to the
FY 1999- 2000 Capital Budget
Use of L~ase Revenue Bonds for
Acquisition of Property in the
City's Resort Area
On Tuesday, July 13, 1999, the
Council of the City of Virginia
Beach, Virginia, will hold a public
hearing on a proposed amendment
to the FY 1999-2000 Capital B~-
get. The amendment is for the ap-
propriation of $1,850,000 of Lease
Revenue Bonds for acquisition of
property in the City's Resort Area
located in the southern half of the
block which is bounded by 30th
Street, 31st Street, Atlantic Av-
enue, and Pacific Avenue.
The public hearing will be con-
ducked at 2.'00 p.m. in the Council
Chamber on the second floor of the
City Hall Building, Municipal
Center, Virginia Beach, Virginia.
Interested persons may appear at
such time and place to present their
views. Individuals desiring to
provide oral or written comments
may do so by contacting the City
Clerk' s office at 427-4303. If you
are physically disabled, or hearing
or visually impaired, and you need
assistance at this meeting, please
call 427-4305 Voice/TDD.
Ruth Hodges Smith, CMC/AAE
City Clerk
Item V-I.
-19-
ORDINANCES/RES OL UTIONS
ITEM # 45244
Upon motion by Vtce Mayor Sessoms, seconded by Councilman Harrison, City Counctl APPROVED IN
ONE MOTION, Ordtnances and Resoluttons 2,3, 4, 5, 6, 7, 8, 9, 1 O, 11 and 12 of the CONSENTAGENDA.
Voting' 11-0
Council Members Voting Aye'
Linwood 0 Branch, III, Margaret L Eure, Wtlliam W. Harrison, Jr.,
Harold Heischober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor
Wtlliam D. Sessoms, Jr. and A. M. "Don" Weeks
Councd Members Voting Nay:
None
Council Members ~tbsent'
None
Councd Members Henley, McClanan and Weeks voted a VERBAL NAY on Item L I O.
Item IV-L1.
- 20-
ORDINANCES/RES OL UTION
ITEM # 45245
A MOTION was made by Councdman Jones, seconded by Councdman Harrtson to ADOPT an Ordtnance
to APPROPRIATE $1,850,000 to the 31st Street Paring Garage (CIP #9-027), to be offset by financmg
through Lease-Revenue Bonds to be tssued at a future date; TRANSFER $200, O00 from Economtc and
Tourism Development Partnerships (CIP #9-260) to CIP #9-027 re acqutsttton of property needed for the
parktng garage, and, authortze the City Manager to enter tnto the Developer, Lease and Escrow Agreements
,4 SUBSTITUTE MOTION was made by Councdman Weeks, seconded by Councd Lady McClanan to
DEFER thtrty days an Ordtnance to APPROPRIATE $1,850, 000 to the 3 pt Street Parking Garage (CIP #9-
027), to be offset by financtng through Lease-Revenue Bonds to be tssued at a future date; TRANSFER
$200, O00 from Economic and Tourism Development Partnerships (CIP #9-260) to CIP #9-02 7 re acqmsitton
of property needed for the parlang garage; and, authortze the Ctty Manager to enter mto the Developer,
Lease and Escrow Agreements
Voting.
4-7 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Vottng Aye
Barbara M Henley, Reba S McClanan, Nancy K Parker and A. M.
"Don" Weeks
Councd Members Voting Nay:
Linwood 0 Branch, III, Margaret L Eure, Wdltam W Harrison, Jr,
Harold Hetschober, Louis R Jones, Mayor Meyera E. Oberndorf and
Vtce Mayor Wdliam D Sessoms, Jr
Council Members Absent'
None
July 13, 1999
Item IV-I. 1.
- 21 -
ORDINANCES/RESOLUTION ITEM # 45245 (Continued)
Upon motion by Councdman Jones, seconded by Councdman Harrison, City Councd ADOPTED
Or&nance to APPROPRIATE $1,850,000 to the 3Pt Street Parla'ng
Garage (CIP #9-027), to be offset byfinanctng through Lease-Revenue
Bonds to be tssued at a future date; TRANSFER $200,000 from
Economtc and Tourtsm Development Partnershtps (CIP #9-260) to CIP
#9-02 7 re acqutsttton of property needed for the parlang garage, and,
authorize the City Manager to enter into the Developer, Lease and
Escrow Agreements
Vottng: 9-2
Council Members Voting Aye
Ltnwood O. Branch, III, Margaret L. Eure, Wtlliam W. Harrison, Jr.,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S.
McClanan, Mayor Meyera E Oberndorf and Vice Mayor Wilham D.
Sessoms, Jr.
Counctl Members Voting Nay'
Nancy K Parker and A M "Don" Weeks
Council Members Absent.
None
July 13, 1999
1
2
3
4
5
6
7
8
9
10
AN ORDINANCE TO APPROPRIATE $1,850,000
TO CAPITAL PROJECT #9-027, 31st STREET
PARKING GARAGE, TO TRANSFER $200,000
FROM CAPITAL PROJECT #9-260 TO CAPITAL
PROJECT #9-027 FOR ACQUISITION OF
PROPERTY NEEDED FOR A PUBLIC PARKING
GARAGE AND TO AUTHORIZE THE CITY
MANAGER TO ENTER INTO A DEVELOPMENT
AGREEMENT, DEED OF LEASE, AND ESCROW
AGREEMENT
11
WHEREAS, the City and the Vlrglma Beach Development Authority have for some
12 time been working on a pubhc/pnvate partnership agreement with Thirty-First Street, L C, for
13 redevelopment of the 31 st Street Comdor as a gateway to the oceanfront;
14
WHEREAS, to assemble land for a public parking garage to be located at the block
15 surrounded by 30th Street, 31st Street, Atlantic Avenue, and Pacific Avenue, City Council
16 appropriated funding on October 13, 1998 for property acquisition on the northern half of this block,
17 and now $1,850,000 must be appropriated to acquire property on the southern half of the block;
18
WHEREAS, funding for this $1,850,000 appropriation is to come from financing to
19 be provided by lease-revenue bonds,
20
WHEREAS, $200,000 will also be required for preliminary design work for public
21 parking, the funding for which is available In CIP ProJect #9-260, Economic and Tourism
22 Development Partnerships; and
23
WHEREAS, the City and Thirty-First Street, L.C. have reached consensus on a
24 development agreement, deed of lease, and escrow agreement.
25
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
26 VIRGINIA BEACH, VIRGINIA:
27
1. That funds in the amount of $1,850,000 are hereby appropriated to CIP
28 ProJect #9-027, 31st Street Parking Garage, with funding for this appropriation to be supplied by
29 financing through lease-revenue bonds to be authorized and issued at a future date.
30
2. That funds in the amount of $200,000 are hereby transferred from CIP Project
31 #9-260, Economic and Tourism Development Partnerships, to CIP ProJect #9-027, 31st Street
32 Parking Garage
33
3. That the City Manager, acting on behalf of the City, is authorized to execute and enter
34 into all 31st Street development documents, specifically including the development agreement, deed
35 of lease and, and the escrow agreement, contmmng substantially the terms and in substantially the
36 same form as the proposed development documents on file in the City Clerk's Office, and as
37 necessary, such other 31st Street development documents as may be necessary on such terms and
38 conditions as may be approved by the City Manager, subject to approval as to legal sufficiency by
39 the City Attorney.
40
41
Adopted by the Council of the City of Vlrglma Beach, Virginia, on the 13 day of
42 3tJ-h~. 1999.
43
Requires an affirmattve vote by a majority of the members of Ctty Counctl
CA-4738
ORDIN~ONCODE~UBLIC PARKING GARAGE ORD
JULY 8,1999
R5
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY'
Management Services
Item V-L2.
- 22 -
ORDINANCES/RES OL UTIONS
ITEM # 45246
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrtson, Ctty Council ADOPTED:
Ordtnance to AMEND Sectton 2-452 2 of the City Code re members and
alternates of the Board of Zoning Appeals to meet annually with the Ctty
Attorney tn order to review the duties and responstbthttes of the Board,
as well as the laws and procedures pertaining to matters comtng before
the Board.
Vottng. 11-0 (By ConsenO
Counctl Members Voting Aye
Ltnwood O. Branch, III, Margaret L. Eure, William W Harrtson, Jr.,
Harold Hetschober, Barbara M. Henley, Louis R Jones, Reba S.
McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker, Vice Mayor
William D Sessoms, Jr and A M "Don" Weeks
Council Members Voting Nay.
None
Councd Members Absent'
None
July 13, 1999
AN ORDINANCE REQUIRING MEMBERS AND
ALTERNATES OF THE BOARD OF ZONING
APPEALS TO MEET ANNUALLY WITH THE
CITY ATTORNEY IN ORDER TO REVIEW THE
DUTIES AND RESPONSIBILITIES OF THE
BOARD AND THE LAWS AND PROCEDURES
PERTAINING TO MATTERS COMING BEFORE
THE BOARD
Section Amended: City Code §2-452.2
10
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12
That Section 2-452.2 of the City Code be, and hereby is,
13 amended and reordained, to read as follows:
14 Sec. 2-452.2. Board of zoning appeals.
15
(a) The board of zoning appeals shall consist of seven
16 (7) regular members and one (1) alternate appointed by the city
17 council; provided, however, that alternates serving as such on July
18 1, 1999 shall complete the remainder of their terms. Members and
19 alternates shall be appointed for terms of five (5) years, except
20 that appointments to fill vacancies shall be only for the unexpired
21 portion of the term, and members and alternates may be reappointed
22 to succeed themselves. The qualifications, organization and
23 procedures of the board shall be as set forth in sections 15.2-2308
24 through 15.2-2314 of the Code of Virginia, as amended.
25
(b) The accumulation of more than three (3) absences of
26 a member within a given calendar year for reasons other than
27 personal illness, the illness or death of a relative, or other
28 circumstances beyond such member's control shall constitute grounds
29 for removal of such member.
30
(c) The board shall make, alter or rescind rules and
31 guidelines for its procedures consistent with the ordinances of the
32 city and laws of the Commonwealth of Virginia.
33
(d) On or about July 1 of each year, or as soon
34 thereafter as is reasonably practicable, the members of the board,
35 includinq alternates, shall collectively meet with the city
36 attorney in order to review the duties and responsibilities of the
37 board and the laws and procedures pertaininq to matters coming
38 before the board. The members of the board may also, at their
39 option, attend the Virqinia Certified Boards of Zoning Appeals
40 Proqram sponsored by the Virqinia Cooperative Extension Service.
41
Adopted by the Council of the City of Virginia Beach,
42 Virginia, on the 13th day of July, 1999.
43
44
45
46
CA- 7443
ORD INk PROPOSED [ 02 - 452 - 2. ORD
R-1
July 7, 1999
Item V-I.$.
- 23 -
ORDINANCES/RES OL UTION8
ITEM # 4524 7
Upon motion by Vtce Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance to AMEND Section 23-45 re peeping toms by
tncorporattng state law provisions; and, ADDING Section 23-45 1
re the unlawful filming, videotaping or photographing of others
Voting 11-0 (By Consent)
Council Members Vottng Aye'
Ltnwood O. Branch, III, Margaret L. Eure, Wtlham W. Harrtson, Jr,
Harold Heischober, Barbara M. Henley, Louts R. Jones, Reba S.
McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker, Vice Mayor
Wtlham D Sessoms, Jr and A. M "Don" Weeks
Councd Members Voting Nay.
None
Council Members Absent'
None
July 13, 1999
AN ORDINANCE TO AMEND THE CITY CODE
RELATING TO PEEPING TOMS SO THAT
RECENT CHANGES IN STATE LAW ARE
REFLECTED AND TO CREATE A NEW
SECTION PROHIBITING THE UNLAWFUL
FILMING, VIDEOTAPING OR
PHOTOGRAPHING OF OTHERS
SECTION AMENDED: § 23-45
SECTION ADDED: § 23-45.1
10
11
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
12
That Section 23-45 of the City Code is hereby amended and
13 reordained to read as follows:
14 Sec. 23-45. Peepmng toms.
15
(a) It shall be unlawful for If any person cntcrs to enter
16
upon the property of another and secretly or furtively pccps, ~~
17 peep, spy or attempts to peep or spy into or through a window, door
18 or other aperture of any building, structure or other enclosure of
19 any nature occupied or intended to be occupied as a dwelling,
20 whether or not such building, structure or enclosure is permanently
21 situated or transportable, and whether or not such occupancy is
22
23 misdemcanor.
24
25
26
28 in '" ~-~ ~ ~4~ ~
.......... y .... m~e= to cxposc ..... r hcr
29
30
31
32
33
(b) It shall be unlawful for any person to use a peephole or
34 other aperture to secretly or furtively peep, spy or attempt to
35 peep or spy into a restroom, dressinq room, locker room, hotel
36 room, motel room, tanning bed, tanninq booth, bedroom or other
37 location or enclosure for the purpose of viewing any nonconsentinq
38 person who ms totally nude, clad zn underqarments, or in a state of
39 undress exposinq the qenitals, pubic area, buttocks or female
40 breast and the circumstances are such that the person would
41 otherwise have a reasonable expectation of privacy.
42
( ) If any pcrson '-'~ ~ ........ ~ .... ~
43
44
45
46
47
~ pyi ~ ...." ' '~ .......... '~ .... '~ "-"' '~'~
pcrscns ~ocu ng any ..... Izng, ............ Icsurc ............ ..,.
48
49
50
51
(c) The proviszons of subsections (a) and (b) shall not apply
52 to a lawful criminal investiqation or a correctional official or
53 local or reqional jail official conductinq surveillance for
54 security purposes or durinq an investiqation of alleqed misconduct
55 involving a person committed to the Department of Corrections or to
56 a local or reqional jail.
57
(d) As used zn this section, "peephole" means any hole, crack
58 or other similar openinq throuqh which a person can see.
59
60
61
62 (a) or (b) is a Class 1 misdemeanor.
63 Sec. 23-45.1 Unlawful filming, videotapinq or photographing of
64 another.
65
(a) It shall be unlawful for any person to videotape,
66 photoqraph or film any nonconsenting person if (i} that person is
67 totally nude, clad in underqarments, or in a state of undress so as
68 to expose the qenitals, pubic area, buttocks or female breast in a
69 restroom, dressinq room, locker room, hotel room, motel room,
70 tanning booth, bedroom or other location and (ii) the circumstances
71 are otherwise such that the person being videotaped, photographed
72 or filmed would have a reasonable expectation of privacy.
73
(b) This section shall not apply to filminq, videotapinq or
74 photoqraphing by (i) law-enforcement officers pursuant to a
75 criminal investmqation which is otherwise lawful or (ii)
76 correctional officials and local or regional jail officials for
77 security purposes or for investlqations of alleged misconduct
78 involvinq a person committed to the Department of Corrections or to
79 a local or reqional jail, or to any sound recordinq of an oral
80 conversation made as a result of any videotaping or filming
81 pursuant to Chapter 6 (§ 19.2-61 et seq.) of Title 19.2 of the Code
82 of Virginia.
83
.(c) A vmolation of subsection (a) shall be punishable as a
84 Class 1 misdemeanor.
85
Adopted by the City Councml of the City of Virginia Beach,
86 Virginia, on this 13th day of July, 1999.
87
88
89
90
CA-7418
DATA/ORDIN/PROPOSED/23-045. ORD
R2
PREPARED: June 16, 1999
Item V-I.4.
- 24 -
ORDINANCES/RES OL UTIONS
ITEM # 45248
Upon motton by Vtce Mayor Sessoms, seconded by Councilman Harrison, City Councd ADOPTED:
Ordinance to AMEND Sections 35-181, 35-182 and 35-186, ADDING
Section 35-182.2 and REPEALING Section 35-183 re Admissions Tax
by clarifying the defimtion of events subject to tax, limiting the tax on
free admtsstons and provtding exempttons for events benefitting
chartttes.
Vottng 11-0 (By ConsenO
Council Members Voting Aye.
Ltnwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr,
Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S.
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wdliam D. Sessoms, Jr and,4 M "Don" Weeks
Council Members Vottng Nay'
None
Counctl Members ~4bsent.
None
July 13, 1999
AN ORDINANCE TO AMEND THE CITY CODE PERTAINING
TO THE ADMISSIONS TAX BY CLARIFYING THE
DEFINITION OF EVENTS SUBJECT TO THE TAX,
LIMITING THE TAX ON FREE ADMISSIONS AND
PROVIDING EXEMPTIONS FOR EVENTS BENEFITTING
CHARITIES
SECTIONS AMENDED: §§ 35-181,35-182 AND 35-186
8
9
10
11
SECTION ADDED: § 35-182.2
SECTION REPEALED: § 35-183
12
WHEREAS, the City of Virginia Beach has long levied a tax on
13 admissions;
14
WHEREAS, pursuant to City Code § 35-182, complimentary
15 admissions (i.e., admissions for which no charge is made) are
16 subject to the tax;
17
WHEREAS, because the financial records of most businesses
18 track actual receipts, financial reporting of the admissions tax on
19 complimentary admissions has historically been inconsistent at
20 best, thereby making it difficult for the Commissioner of Revenue's
21 Office to administer and enforce collection of the tax on such
22 admissions;
23
WHEREAS, City Council desires to amend Section 35-182 so that
24 complimentary admissions are not subject to the tax; and
25
WHEREAS, City Council also wishes to amend the City Code to
26 clarify the definition of the events subject to the tax and to
27 provide exemptions on admissions charged for events benefitting
28 charity.
29
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
30 OF VIRGINIA BEACH, VIRGINIA:
31
That Sections 35-181, 35-182 and 35-186 of the City Code are
32 hereby amended and reordained; Section 35-182.2 is hereby added;
33 and Section 35-183 is hereby repealed, to read as follows:
34 Sec. 35-181. Definitions.
35
The following words and phrases, when used in this article,
36 shall, for the purposes of this article, have the meanings ascribed
37 to them in this section, except where the context clearly indicates
38 a different meaning:
39
Admission charge. "Admission charge" means the charge for
40 admission to any amusement or entertainment, exclusive of any
41 federal tax thereon, including a charge made for season tickets, to
42 all clubs and organizations for amusement and entertainment.
43
City treasurer. "City treasurer" means the treasurer of the
44 city and any of his duly authorized deputies and agents.
45
Commissioner of revenue. "Commissioner of revenue" means the
46 commissioner of revenue of the city and any of his duly authorized
47 deputies and agents.
48
Place of amusement or entertainment. "Place of amusement or
~^~ ........... at any
49 entertainment" means any place in the city whc~~ ...... m~-~
~ entertainments or similar
where amusements~ ~
51 events, includinq, but not limited to the following, are located,
52 conducted, performed, exhibited and operated: Circuses, carnivals,
53 menageries, amusement parks, moving picturc shows motion pictures,
54 fairs, gardens, museums, lectures, seminars, shows, zoos and
55 exhibitions of all kinds; dances; basketball, football, wrestling,
56 soccer, boxmng and sports of all k~nds; swmmming pools, bowling
57 alleys, roller rinks, golf courses, miniature golf, charter boats,
58 drift boats, party boats and other such things of a similar nature;
59 concerts, theatrical, vaudeville, dramatic, operatic and musical
60 performances and performances similar thereto; such attractions as
61 merry-go-rounds, Ferris wheels, roller coasters, leap-the-dips and
62 the like, and all other public amusements, performances and
63 exhibitions not specifically named herein; and any roof garden,
64 cabaret or other similar place furnishing a public performance for
65 profit, which shall include any room in any hotel, restaurant, hall
66 or other public place where music and dancing privileges or any
67 other entertainment is offered the patron in connection with
68 serving or selling of food, refreshments or merchandise. A
69 performance shall be regarded as being furnished for profit for
70 purposes of this article even though the charge made for admission,
71 refreshment service or merchandise is not increased by reason of
72 the furnishing of such performance.
73 Sec. 35-182. Levied; amount.
74
(a) There is hereby imposed and levied a tax of ten (10)
75 percent of the amount paid for admission to any place of amusement
76 or entertainment, to be paid by every person who pays an admission
77
charge to such place.
Excc ............. ~ ....... n sce on
78
79
80
82
84
(b) No tax shall be levied on admissions charqed for
85 attendance at any event if (i) the qross receipts from the event qo
86 wholly to charitable purposes or (ii) its purpose is solely to
87 raise money for charitable purposes and the net proceeds derived
88 from the event are transferred to an entity exempt from sales and
89 use tax pursuant to Code of Virginia §§ 58.1-609.4, 58.1-609.7,
90 58.1-609.8, 58.1-609.9 or 58.1-609.10.
91
(~c) There is hereby imposed and levied a tax of ten (10)
92 percent of all amounts paid for refreshments, service or
93 merchandise at any place of amusement or entertainment~ at which no
94 if the purchase of such refreshments, service or merchandise is
95 made in lieu of an admission charge is madc and required for the
96 privilege PS being admitted.
97 Sec. 35-182.2 Barter or exchange.
98
(a) The tax levied on amounts paid for admissions, pursuant to
99 section 35-182, or amounts paid for participation in designated
100 sports, pursuant to section 35-182.1, is also levied on the fair
101 market value of such an admission or right to participate that is
102 bartered or exchanged for compensation paid other than in cash, if
103 such non-cash compensation is taxable as gross income to the person
104 providing the admission or right to participate, pursuant to
105 Treasury Regulations §§ 1.61-1 and 1.61-2(d)(1) in effect on July
106 1, 1999.
107
(b) For the purposes of this section, the term "fair market
108 value" shall mean the face value of tickets or the posted price for
109 participation in a sport.
110 Sec. 35-183.
111
112
................. z m ...... amus ....... t~"-~..t~t .......... t=~:
113
114
115
116
117
119
120
121
122
123
124
125
sol ....... for his presence
126
127 Sec. 35-186. Collection.
128
Every person receiving any payment or compensation other than
129 in cash for admission to any place of amusement or entertainment~
130 for participation in any sport enumerated in section 35-182.1 or
131 for refreshments, service or merchandise on which a tax is levied
132 under this article~ shall collect the amount of tax imposed by this
133 article from the person making the payment at the time of the
134 payment or compensation of for such admission, participation or
135
136 admissicn. If tickets or cards of admission are issued, the tax
137 shall be collected at the time for the issuance of such tickets or
138 cards. The taxes required to be collected under this section shall
139 be deemed to be held in trust by the person required to collect the
140 same until remitted as provided in this article.
141
BE IT FURTHER ORDAINED:
142
That the provisions of Sections 35-182 (a), 35-182.2 and 35-
143 186 of the Code of the City of Virginia Beach, as set forth in this
144 ordinance, shall be effective retroactively to January 1, 1995.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 13tn day of July, 1999.
CA-7094
DATA/ORD IN/PROPOSED / 35 - 182 &l 83 &l 86. ORD
R20
July 6, 1999
Item V-I. 5.
- 25 -
ORDINANCES/RES OL UTIONS
ITEM # 45249
Upon motton by Vice Mayor Sessoms, seconded by Councdman Harrison, City Councd ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $303,500 tn Grants from
the Federal Emergency Management Agency (FEMA) and the State
Department of Emergency Services to the FY 1998-1999 Operating
Budget of the Fire Department for emergency preparedness activities,
and, esttmated revenues from the federal and state government be
tncreased accordtngly
Voting 11-0 (By ConsenO
Councd Members Vottng Aye.
Ltnwood 0 Branch, III, Margaret L Eure, Wdliam W Harrison, Jr,
Harold Heischober, Barbara M Henley, Louts R. Jones, Reba S
McClanan, Mayor Meyera E Oberndorf,, Nancy K. Parker, Vtce Mayor
Wdliam D. Sessoms, Jr and A. M "Don" Weeks
Councd Members Vottng Nay:
None
Councd Members Absent
None
July 13, 1999
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$303,500 IN GRANTS FROM THE FEDERAL EMERGENCY
MANAGEMENT AGENCY AND THE STATE DEPARTMENT OF
EMERGENCY SERVICES TO THE FY 1999-00 OPERATING
BUDGET OF FIRE DEPARTMENT FOR EMERGENCY
PREPAREDNESS ACTIVITIES
WHEREAS, the City has long been actively preparing for
9 potential emergencies, including sponsoring Virginia Task Force No.
10 2, an Urban Search and Rescue Team authorized by the Federal
11 Emergency Management Agency ("FEMA");
12
WHEREAS, FEMA established a "Project Impact" initiative
13 grant in which federal monies are available to localities for
14 proactive emergency preparedness;
15
WHEREAS, the City has been awarded a $3,500 grant from
16 the State Department of Emergency Services, as well as a $300,000
17 "Project Impact" initiative grant from FEMA that requires a local
18 match of $100,000 (for which funds are available); and
19
WHEREAS, these grant funds will be used to leverage
20 private funds to forge a partnership to provide emergency
21 preparedness education to citizens and businesses, especially new
22 residents of the City.
23
24
25
26
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. That grants in the amount of $300,000 and $3,500 are
27 hereby accepted from the Federal Emergency Management Agency and
28 State Department of Emergency Services and appropriated to the
29 FY 1999-00 Operating Budget of the Fire Department for emergency
30 preparedness activities such as planning workshops, printing
31 educational preparedness literature, purchasing materials for
32 libraries, and working with the business community.
33
2. That estimated revenues from the federal and state
34 government are hereby increased in the amount of $303,500.
35
36
Adopted the 13 day of July, 1999, by the Council cf the City
of Virginia Beach, Virginia.
37
38
Requires an affirmative vote by a majority of the members of
City Council.
CA-7378
ORDIN~NONCODE\FIRE DEPT $303,500 GRANT ORD
July 7, 1999
R5
APPROVED AS TO CONTENTS:
Management Services
APPROVED AS TO LEGAL
SUFFICIENCY:
~i[~'At'torney' s~Office
Federal Emergency Management Agency
Region I11
Liberty Square Building (Second Floor)
105 South Seventh Street
Philadelphia, PA 19106
Mr. James K. Spore
City Manager
Municipal Center, B1DG 21
Virginia Beach, VA 23456
OFFICE OF THE CiTY MANAGER
CITY OF VIRGINIA BEACH
Dear Mr. Spore:
We are pleased to inform you that your application for Federal
Assistance for Fiscal Year 1999 has been approved in the amount of
$300,000. Your matching contribution for this grant is $100,000.
Enclosed are four copies of Grant No. EMP-1999-GR-2216. Please have
an authorized official sign and return three copies of the Grant via
Overnight mail to me at the following address:
FEMA Region III
105 S. 7th Street, 2"d Floor
Philadelphia, Pennsylvania 19106
ATTN: Nick Matarazzo
The fourth copy of the Grant is for your use pending receipt of the
fully executed copy. Also included are forms SFl199A Direct Deposit
and SF270 Request for Advance or Reimbursement. Please complete the
SFl199A form and return it with the Grant copies. The SF270 is for
use to request funds as needed.
Please be advised that by accepting this award, you assume certain
administrative and financial responsibilities, including timely
submission of all performance and financial reports and the
maintenance of minimum levels of cash on hand. Should you not adhere
to these responsibilities, you will be in violation of the terms of
this award.
If you have any questions, please contact me or Nick Matarazzo at
(215) 931-5674.
Sincerely,
Rita A. Calvan
Regional Director
Enclosures
Item V-L6.
- 26-
ORDINANCES/RES OL UTIONS
ITEM # 45250
Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Harrtson, Ctty Counctl ADOPTED:
Ordinance to A CCEPT and APPROPRIA TEa $163, 000 Grant from the
State Department of Social Services to the FY 1999-2000 Operattng
Budget of the Department of Social Servtces re tmprowng the
administration of the Food Stamp Program, establish three (3) full-ttme
ehgtbthty assistant posttions for a two-yearpertod and two (2) part-time
temporary postttonsfor one year; and, esttmated revenue from the State
Department of Soctal Servtces be tncreased accordingly
Vottng:
11-0 (By ConsenO
Council Members Vottng Aye:
Ltnwood O. Branch, III, Margaret L Eure, William W Harrison, Jr,
Harold Heischober, Barbara M Henley, Louis R Jones, Reba S.
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
William D Sessoms, Jr and A M "Don" Weeks
Councd Members Voting Nay.
None
Counctl Members Absent.
None
July 13, 1999
AN ORDINANCE TO ACCEPT AND
APPROPRIATE A GRANT IN THE AMOUNT OF
$163,000 FROM THE STATE DEPARTMENT
OF SOCIAL SERVICES TO THE FY 1999-00
OPERATING BUDGET OF THE DEPARTMENT
OF SOCIAL SERVICES TO IMPROVE THE
ADMINISTRATION OF THE FOOD STAMP
PROGRAM
WHEREAS, to ensure that food stamp funds are
10 appropriately spent, the Federal government routinely conducts
11 quality control reviews;
12
WHEREAS, the Commonwealth of Virginia has a higher
13 program error rate than the national average; and
14
WHEREAS, the Commonwealth of Virginia has provided the
15 City of Virginia Beach $163,000 to provide staffing necessary to
16 reduce errors and review food stamp cases more throughly.
17
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
18 CITY OF VIRGINIA BEACH, VIRGINIA:
19
1. A grant in the amount of $163,000 is hereby accepted
20 from the State Department of Social Services and appropriated to
21 the FY 1999-00 Operating Budget of the Virginia Beach Department of
22 Social Services to reduce errors and improve the administration of
23 the food stamp program;
24
2. The establishment of three (3) full-time eligibility
25 assistant positions for a two year period and two (2) part-time
26 temporary positions for one year, so that food stamp cases can be
27 reviewed more thoroughly, is hereby approved;
28
3. Estimated revenue from the State Department of
29 Social Services is hereby increased in the amount of $163,000.
30
31 Adopted the 13 day of July, 1999, by the Council of the
32
City of Virginia Beach, Virginia.
33
34
Requires an affirmative vote by a majority of the members
of City Council.
CA-7437
ORDIN/NONCODE/FOOD STAMP.ORD
JULY 6, 1999
R3
APPROVED AS TO CONTENT
Walter C. Kraemer
Department of Management Services
APPROVED AS TO LEGAL
SUFFICIENCY
Department of
THEATER ROW BUILDING
730 EAST BROAD STREET
RICHMOND VIRGINIA 23219-1849
,804) 692 1944
FOR HEARING ~MPAIRED
vOICE TDD
~ 800 828 1120
COMMONWEALTH of
APR 0 B 1999
Mr. Daniel Stone, Director
Virginia Beach Department of Social Services
3432 Virginia Beach Boulevard
Virginia Beach, Virginia 23452-4497
Dea~:
I am writing to advise you that .~tate funds are being allocated to Virginia Beach to further
assist'~vith error reductiot~ efforts in the Food Stamp Program These funds are a supplement'
to the reinvestment money, and the amount allocated is I;)ased upon your agency's plan that
identified needs beyond what food stamp reinvestment money was able to fund.
Based upon your plan, $63,,,0~.0 will be forwarded to Virginia Beach Jo beused for tl~
following activities:
Hiring three eligibility support aides to provide administrative support for all units.
Reinvestment funds are currently funding overtime to agency staff for case review and two
eligibility support aides.
Although the money allocated is a supplement to the reinvestment funds, the money
must be tracked separately. In order to track the expenditures for state purposes, forms and
instructions are being developed, and will be forwarded to you upon completion. It will be your
responsibility to maintain sufficient documentation that will substantiate and support these
expenditures, and show a clear audit trail.
The funds will be forwarded to you through Electronic Data Interfl~Ce transfer during
,April, 1999,. If you have any questions, you may call Clara Rangeley at (804)692-1723.
Sincerely,
Clarence H. Carter
Commissioner
CHClcbr
Vsst
Item V-I. 7.
-27-
ORDINANCES/RES OL UTIONS
ITEM # 45251
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Harrtson, Ctty Council ADOPTED:
Ordtnance to TRANSFER $181, O00 from the Homeless Shelter (CIP #3-
046) to the FY 1999-2000 Operating Budget of the Department of
Housing and Netghborhood Preservatton, and, authorize the City
Manager to provide these funds to the Vtrgtnta Beach Communtty
Development Corporation (VBCDC) re transitional housing to the
homeless populatton.
Voting 11-0 (By ConsenO
Council Members Voting Aye
Linwood 0 Branch, III, Margaret L Eure, William W. Harrison, Jr,
Harold Heischober, Barbara M. Henley, Louts R Jones, Reba S.
McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor
William D Sessoms, Jr and A M. "Don" Weeks
Councd Members Voting Nay'
None
Counctl Members Absent.
None
July 13, 1999
1
2
3
4
5
6
7
8
9
10
11
AN ORDINANCE TRANSFERRING $181,000
FROM CIP PROJECT 3-046 TO THE FY
1999-2000 OPERATING BUDGET OF THE
DEPARTMENT OF HOUSING AND
NEIGHBORHOOD PRESERVATION AND
AUTHORIZING THE CITY MANAGER TO
PROVIDE THESE FUNDS TO THE VIRGINIA
BEACH COMMUNITY DEVELOPMENT
CORPORATION FOR THE PURPOSE OF
ESTABLISHING TRANSITIONAL HOUSING
FOR THE HOMELESS
12
WHEREAS, a Special Purpose Grant of $800,000 was awarded
13 to the City by the U.S. Department of Housing and Urban Development
14 in FY 1994-1995 for the purpose of providing shelter and
15 transportation services to the homeless population;
16
WHEREAS, a policy report was presented to City Council in
17 FY 1996-1997 detailing the specific uses of the Special Purpose
18 Grant funding, including creating a "Day Service Center,"
19 purchasing vehicles to provide transportation for homeless persons,
20 assisting the Judeo-Christian Outreach Center, continuing the
21 Winter Shelter program, and establishing transitional housing;
22
WHEREAS, all of these specific uses of the Special
23 Purpose Grant funding have been completed, except for establishing
24 transitional housing;
25
WHEREAS, the Virginia Beach Community Development
26 Corporation has asked the City for funds to acquire and
27 rehabilitate four housing units for the purpose of providing
28 transitional housing; and
29
WHEREAS, funding for this housing is available in CIP
30 Project 3-046, Homeless Shelter.
31
32
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
33
That funds in the amount of $181,000 are hereby
34 transferred from CIP Project 3-046, Homeless Shelter, to the FY
35 1999-2000 Operating Budget of the Department of Housing and
36 Neighborhood Preservation.
37
BE IT FURTHER ORDAINED:
38
That the City Manager is hereby authorized to provide
39 these funds to the Virginia Beach Community Development Corporation
40 for the purpose of providing transitional housing to the City's
41 homeless population.
42
43
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 13 day of July , 1999.
44
45
46
47
CA-7425
NONCODE/WINTERSHELTER.ORD
R3
Prepared: June 29, 1999
48
49
50
APPROVED AS TO CONTENT:
Manhgement Ser~i-ces
51
52
53
54
APPROVED AS TO LEGAL
SUFFICIENCY:
Item V-I. 8.
- 28 -
ORDINANCES/RESOL UTIONS
ITEM # 45252
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrtson, Ctty Council ADOPTED:
Ordtnance to TRANSFER $39, 750 from the FY 1999-2000 General
Fund Reserve for Contingencies to the Ctty Manager's FY 1999-2000
Operating Budget re purchase and tnstallatton of a new audio-visual
system tn the Council Chamber and Conference Room
Voting: 11-0 (By ConsenO
Council Members Vottng Aye'
Linwood 0 Branch, III, Margaret L Eure, Wilham W Harrison, Jr,
Harold Heischober, Barbara M Henley, Louis R Jones, Reba S
McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor
Wtlham D Sessoms, Jr. and A M. "Don" Weeks
Councd Members Vottng Nay.
None
Council Members Absent
None
AN ORDINANCE TO TRANSFER $39,750 FROM THE
GENERAL FUND RESERVE FOR CONTINGENCIES TO THE
CITY MANAGERS'S BUDGET FOR THE PURCHASE AND
INSTALLATION OF A NEW AUDIO-VISUAL SYSTEM
10
WHEREAS, a need exists to upgrade the audio-visual
11 equipment in the City Council Chamber and Conference Room;
12
WHEREAS, on June 15, 1999, City Council received a
13 presentation about digital photography projectors and computer
14 generated presentation software that would dramatically improve the
15 City's capabilities; and
16
WHEREAS, the cost to purchase and install all equipment
17 necessary for a new audio-visual system in the City Council Chamber
18 and Conference Room is $39,750, the funding for which is available
19 in the General Fund Reserve for Contingencies.
20
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
21 OF VIRGINIA BEACH, VIRGINIA:
22
That $39,750 is hereby transferred from the FY 1999-2000
23 General Fund Reserve for Contingencies to the City Manager's FY
24 1999-2000 operating budget for the purchase and installation of all
25 necessary equipment and software for a new audio-visual system in
26 the City Council Chamber and Conference Room.
27
Adopted by the Council of the City of Virginia Beach,
28 Virginia, on the 13 day of July
, 1999.
CA-7434
ORDIN\NONCODE~PROJECTION EQUIPMENT.ORD
JULY 6, 1999
R4
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Management Servbces
Item V-I. 9.
- 29-
ORDINANCES/RES OL UTIONS
ITEM # 45253
Upon motion by Vice Mayor Sessoms, seconded by Counctlman Harrtson, City Council ADOPTED:
Ordtnance re a Cooperative Agreement between City Council and the
Vtrginta Beach $chool Board re legal services to the Board by the Office
of the City Attorney tn Ftscal Year 1999-2000; and, authortze the Mayor
to execute the agreement on behalf of Ctty Counctl
Voting:
11-0 (By Consent)
Council Members Vottng Aye:
Linwood O. Branch, III, Margaret L. Eure, Wdham W Harrison, Jr,
Harold Heischober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker, Vtce Mayor
Wdham D Sessoms, Jr and A. M "Don" Weeks
Counctl Members Vottng Nay'
None
Counctl Members Absent:
None
July 13, 1999
AN ORDINANCE APPROVING A COOPERATIVE
AGREEMENT BETWEEN CITY COUNCIL AND
THE VIRGINIA BEACH SCHOOL BOARD
PERTAINING TO THE PROVISION OF LEGAL
SERVICES TO THE BOARD BY THE OFFICE
OF THE CITY ATTORNEY IN FISCAL YEAR
1999-2000
WHEREAS, the Office of the City Attorney provided legal
9 services to the Virginia Beach School Board and School
10 Administration in FY 1998-99 pursuant to a "Cooperative Agreement"
11 which was approved by the Board on June 6, 1998, and by City
12 Council on July 7, 1998;
13
WHEREAS, the "Cooperative Agreement" for FY 1998-99,
14 which expired on June 30, 1999, provides that "[t]his Cooperative
15 Agreement ... may be revised, as necessary, and renewed each fiscal
16 year . . . ;"
17
WHEREAS, a "Cooperative Agreement" for FY 1999-2000,
18 which includes minor revisions to the FY 1998-99 Agreement, was
19 approved by the School Board at its meeting of July 6, 1999; and
20
WHEREAS, City Council agrees that it is in the best
21 interests of the City and the School Board for the Office of the
22 City Attorney to continue to provide legal services to the School
23 Board pursuant to the revised "Cooperative Agreement" for FY 1999-
24 2000.
25
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
26 OF VIRGINIA BEACH, VIRGINIA:
27
1. That City Council hereby approves the Cooperative
28 Agreement which is attached hereto as Exhibit A; and
29 2. That the Mayor is hereby authorized to execute the
30 Cooperative Agreement on behalf of the City Council.
31
Adopted by the Council of the City of Virginia Beach,
32 Virginia, on the 13 day of July
, 1999.
33
34
35
36
37
38
39
40
CA-7435
ORD IN~NONCODE~ LEGALSER. ORD
R-1
PREPARED: July 6, 1999
APROVED AS TO LEGAL
SUFFICIENCY
-~epartment of Law
~
RESOLUTION APPROVING COOPERATIVE AGREEMENT
WITH THE CITY COUNCIL FOR SER VICES
OF THE CITY ATTORNEY
DURING FY 1999-2000
WHEREAS, the Office of the City Attorney provided legal services to the Virginia
Beach School Board and School Administration in FY 1998-99 pursuant to a "Cooperative
Agreeinent" approved by the School Board on June 16, 1998, and by the City Council on
July 13, 1998;
WHEREAS, the "Cooperative Agreement" for FY 1998-99, which expires June 30,
1999, provides that "this Cooperative Agreement ... may be revised, as necessary, and
renewed each fiscal year..."
WHEREAS, the School Board agrees that it is in the best interest of the School
Board and the City for the Office of the City Attorney to continue to provide legal services
to the School Board and School Administration pursuant to the revised Cooperative
Agreement for FY 1999-2000.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The School Board approves the Cooperative Agreement for FY 1999-2000
which is attached hereto;
2. The Chairman and Clerk are authorized and directed to execute the
Cooperative Agreement on behalf of the School Board; and
3 The City Attorney is authorized to submit the Cooperative Agreement to Ci,9'
Council for approval and execution on behalf of City Council.
1999.
Adopted by the School Board of the City of Virginia Beach this (o 4~_ day of July,
Chalrlnan
Attest:
Dianne M. Page, Clerk of I/ne Board
F \U~cm\CBunng fiWP~WORk~.ooptes
EXHIBIT A
COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL
AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH
PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE
SCHOOL BOARD AND SCHOOL ADMINISTRATION
BY THE OFFICE OF THE CITY ATTORNEY
IN FISCAL YEAR 1999-2000
Factual Background:
1. Chapter 9 of the Charter of the City of Virginia Beach, Virginia ("City Charter")
provides that the City Attorney shall be the chief legal advisor of the City Council, the City
Manager, and of all departments, boards, commissions and agencies of the City in all matters
affecting the interests of the City, and that he shall have such powers and duties as may be
assigned by the Council.
2. The City Charter also provides that the City Attorney is appointed by the City
Council and serves at its pleasure.
3. The School Board is established by the Virginia Constitution, the City Charter, and
provisions of general law, and is a body corporate vested with all of the powers and duties of
local school boards conferred by law, including the right to contract and be contracted with, to
sue and be sued, and to purchase, take, hold, lease, and convey school property both real and
personal.
4. The School Board is authorized by Section 22.1-82 of the Code of Virginia (1950),
as amended, to employ counsel to advise it, and to pay for such advice out of funds appropriated
to the School Board.
5 Since the inception of the City and its School Board, the Office of the City
Attorney has provided legal services to the School Board and School Admlmstratton in certain
matters with the consent of both bodies
6 Both the City Council and the School Board recognize that the reasons for sharing
services of the City Attorney's Office include potential savings to taxpayers, expertise of the City
Attorney's Office in City and School Board matters, institutional memory, and the ability of the
City Attorney's Office to provide a wide range of legal services to the Board based upon the
expertise of the attorneys in numerous specialized areas of the law
7 Generally, the Office of the City Attorney has provided day-to-day legal services
to the School Board with respect to real estate matters, representation of the Board on personnel
matters, general administrative and procedural issues, and minor litigation, and the School Board
has employed independent legal counsel in matters involving special education, and most
litigation, especially where the Board is indemnified by insurance
8 Prior to FY 1993-94, the Office of the City Attorney allocated approximately one-
third of an attomey's time (500 hours) annually to school matters, however, this allocation, funded
100% by the City, was routinely exceeded
9 In Cooperative Agreements entered into by and between the City Council and the
School Board for FY 1994-95 and FY 1995-96, it was recognized that, at a minimum, the
equivalent of one full-time attorney posltlon of approximately 1650 hours with staff support was
necessary to adequately perform the level of service historically provided to the Board, and that
new issues would continue to evolve with the advent of an elected School Board which might
alter or enlarge the amount of legal services that the School Board would want to be provided by
the Office of the City Attorney
10 In FY 1996-97 and FY 1997-98 the City Attorney agreed to provide the equivalent
of two (2) full-tlme attorney positions (or 3300 hours per year) and one secretarial position In
FY 1996-97 the attorney hours provided were 3443 and in FY 1997-98, 3640 hours It is
projected that attorney hours provided will exceed 3300 in FY 1999-2000
11 The Office of the City Attorney will provide the equivalent of two (2) full-time
attomey positions (or 3300 hours per year) and one (1) secretarial position during FY 1999-2000
l 2 The Virginia Code of Professional Responsibility for the Legal Profession requires
the independent professional judgment of the Office of the City Attorney on behalf of its clients
13 The City Council and the School Board recognize that the potential for conflicting
interests between the Council and the Board may arise and that, in such cases, the City Attomey
must refrain from representation of interests which may conflict
14 The City Council and the School Board also recognize that they must work
together and with the City Attorney to identify any real or perceived potential for conflict at the
earliest possible time, advise each other and the City Attorney of any such conflict as soon as it
arises so as not to compromise the interests of the City Council or the School Board, and assist
the City Attorney in avoiding any wolation or appearance of violation of the Code of Professional
Responsibility
15 The City Council and the School Board further recognize that it remmns in the best
interest of the taxpayers of the City for the School Board to continue to use the legal services of
the Office of the City Attorney to the extent that no real or perceived conflict is present, and to
the extent the City Attorney is budgeted and staffed to handle assigned legal business of the
Board
Objectives:
The objective of this Cooperative Agreement Is to define the scope and nature of the
relationship between the City Attorney's Office and the School Board, to provide for the del~very
of designated legal services to the School Board, and to avoid any real or perceived conflict In
the delivery of those services
Agreement:
NOW, THEREFORE, the City Council and the School Board hereby agree as follows
1 The Office of the City Attomey will dedicate one full-time attomey at a mlmmum
of the Attomey IV level, or as otherwise mutually agreed The dedicated attorney will be located
the School Administration Building and will devote all of his/her time (t e., 1650 hours per
year) to the provision of legal services to the School Board and School Administration
2 During the term of th~s Agreement, the dedicated attorney shall be John F
Newhard, Jr, subject to reassignment in the judgment of the City Attorney, provided, however,
that selection of the dedicated attorney shall be mutually agreed upon Additionally, if a majority
of the members of the Board express dlssatlsfaction with the legal services provided by the
dedicated attomey, or by any other attomey prowding sermces to the Board, the City Attorney will
meet with the Board to discuss and evaluate its concems Furthermore, if the Board and the City
Attorney agree that the most reasonable way to address the Board's concems is to assign another
attorney to represent the Board, the City Attorney will use his best efforts to make such an
assignment as soon as possible
3 The Office of the City Attomey will also provide an additional 1650 hours per year
of legal services to the School Board and School Administration These services will be prowded
by the other attorneys in the Office based upon their various areas of expertise w~th school-related
legal issues
4 The Office of the City Attorney will provide day-to-day legal services to the School
Board and School Administration with respect to real estate matters, representation of the School
Administration in personnel matters, general administrative and procedural issues, and general
litigation, and, with the exception of special education issues, will endeavor to handle as many
other legal matters in-house as it is capable of handling subject to the provisions of this
Agreement
5 Throughout the term of this Agreement, the Office of the City Attorney will
mmntaln an open hne of communicat~on w~th the Board and the Division Superintendent, and
will keep them apprised, on a regular basis, of the status of all legal matters being handled on
behalf of the School Board and School Administration, provided, however, that the Office of the
City Attorney shall not commumcate with the Division Superintendent concerning those matters
being handled on a confidential basis for the School Board or for individual Board members in
accordance with applicable Board pohcles and applicable provisions of the Supenntendent's
contract Additionally, the Office of the City Attorney will provide the Superintendent and the
School Board a quarterly report of the legal services and attorney hours provided pursuant to this
Agreement and, upon request of the Board, the Board Chairman, or the Superintendent, will
identify the amount of attorney hours expended in response to inquiries from individual Board
members
6 The City Council and the School Board recognize and understand that the School
Board shall be responsible for the management of its legal matters, that, to the extent
contemplated by this Agreement, the City Attorney shall be designated as the chief legal advisor
of the Board and the School Administration, and shall assist the Board and Administration in the
management of the Board's legal matters, and that the City Attorney shall report to the Board
concerning those matters he has been assigned by the Board to manage and/or handle on its
behalf
7 The City Council and the School Board recognize the potential for real or
perceived conflicts in the provision of legal services by the City Attorney, and agree to be vigilant
in advising the City Attorney of such issues as they arise Additionally, the City Council and the
School Board understand that in such cases, the City Attomey will refrain from participation on
behalf of the School Board but, to the extent ethically permissible in accordance with the Rules
and Procedures of the Virginia State Bar, will continue representation of the City Council
8 The City Council and the School Board further recognize that the ability of the
City Attorney's Office to provide legal services to the School Board IS limited by the attorney
hours allocated pursuant to this Agreement, the other provisions of this Agreement, and ethical
constraints as they may arise In the event it is anticipated that the attorney hours needed by the
School Board and School Adm~mstration during FY 1999-2000 will exceed the hours allocated
pursuant to this Agreement, the City Attorney's Office will provide reasonable notice to the
School Board, and the cost of such additional hours shall be negotiated
9 The parties agree that this Cooperative Agreement is not a contract to be enforced
by either party but IS rather an agreement setting forth the understanding of the parties regarding
the parameters within which the Office of the City Attorney will provide legal services to the
School Board and School Administration
10 As Indicated herein, it is not contemplated that the City Attorney's Office will
provide more than 3300 hours of legal services under this Agreement in FY 1999-2000
11 The City shall forward to the School Board IDT requests In the amount of
$209,660 53 from Its FY 1999-2000 Operating Budget to the FY 1999-2000 Operating Budget
of the Office of the Clty Attorney to fund the annual salaries, benefits, and certain administrative
costs of one (1) Senior Attomey, one (1) Attomey II, and one (1) Legal Secretary I IDT requests
of 25% of the total shall be made by the City and funds transferred by the School Board on or
about July first, October first, January first, and April first
12 Th~s Cooperative Agreement shall commence with the fiscal year of the parttes
which begins July 1, 1999, and ends June 30, 2000, and may be revised, as necessary, and
renewed each fiscal year thereafter, provided, however, that each party shall give the other party
not~ce of any ~ntent~on to revise or not to renew the Agreement w~thln ninety (90) days of the date
of expiration of th~s Agreement, or any renewal hereof, ~n order that the other party will have the
opportumty to make appropriate budget and staffing adjustments
13 This Agreement shall be submitted to, and approved by, the City Council and the
School Board prior to August 14, 1999
SCHOOL BOARD OF CITY OF VIRGINIA BEACH
By
Daniel D Edwards
Chairman
CITY COUNCIL, CITY OF VIRGINIA BEACH
By
Meyera E Oberndoff, Mayor
School Board of the C~ty of Virginia Beach
This Cooperative Agreement was approved by majority vote of the School Board of the
C~ty of V~rglma Beach, Virginia on "J'~.d~l {~ , 1999
By
Clerk of the School Board
City Council of the City of Virginia Beach
This Cooperative Agreement was approved by majority vote of the City Councd of the
City of Virg~ma Beach, Virginia on July 13 ,, 1999
By
C~ty Clerk
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Ite~ V-I. IO.
- 30-
ORDINANCES/RES OL UTIONS
ITEM # 45254
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Harrtson, Ctty Council ADOPTED:
Ordinance to create the TRANSPORTATION DISTRICT OF
HAMPTON ROADS in accordance wtth and pursuant to the
Transportatton Distrtct Act of 1964, as amended, encompasstng the
Ctttes of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth,
Suffolk and Virginia Beach.
Vottng 8-3 (By ConsenO
Councd Members Vottng Aye
Ltnwood O. Branch, III, Margaret L Eure, Wtlliam W Harrtson, Jr,
Harold Heischober, Louts R Jones, Mayor Meyera E. Oberndorf,
Nancy K. Parker and Vtce Mayor William D Sessoms, Jr
Council Members Voting Nay'
Barbara M Henley, Reba S McClanan and A M "Don" Weeks
Counctl Members Absent'
None
July 13, 1999
AN ORDINANCE CREATING THE
TRA/qSPORTATION DISTRICT OF HAMPTON
ROADS IN ACCORDANCE WITH AND
PURSUANT TO THE TRANSPORTATION
DISTRICT ACT OF 1964, AS AMENDED.
WHEREAS, the public transit services presently being
7 provided to certain cities within the Hampton Roads Area of
8 Virginia are presently being provided by two separate
9 transportation district commissions; and
10
WHEREAS, the component cities comprising the two
11 transportation districts have determined to merge to create a new
12 single transportation district; and
13
WHEREAS, a regional agency may be created pursuant to
14 Chapter 45 of Title 15.2 of the Code of Virginia, as amended (the
15 Transportation District Act of 1964), in order to provide for the
16 orderly growth and development of the area to be encompassed by the
17 new transportation district; and
18
WHEREAS, the Cities of Chesapeake, Hampton, Newport News,
19 Norfolk, Portsmouth, Suffolk and Virginia Beach desire to create
20 such an agency;
21
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
22 OF VIRGINIA BEACH, VIRGINIA:
23
(1) That pursuant to the Transportation District Act of
24 1964, there is created the Transportation District of Hampton
25 Roads.
26
(2) That the Transportation District of Hampton Roads
27 shall encompass all the territory compriszng the Cltles of
28 Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk and
29 Vzrginia Beach and shall be bounded as follows:
3O
31
32
On the North by the northern city limits of
Hampton, Newport News, Norfolk and Virginia
Beach, where such city lzmmts meet and meander
33
34
35
36
37
38
39
4O
41
from the Atlantic Ocean in the East through
the Chesapeake Bay across the northern city
limits of Newport News and Hampton; on the
West by the city llmzts of Newport News, and
Hampton across the James River to the western
city limits of Suffolk; on the South by the
city limits of Suffolk, Chesapeake and
Virginia Beach; and on the East by the
Atlantic Ocean.
42
(3) That the cities to be embraced in whole in the
43 Transportation District are the Cities of Chesapeake, Hampton,
44 Newport News, Norfolk, Portsmouth, Suffolk and Vmrginia Beach.
45
(4) That the City Council hereby finds that the orderly
46 growth and development of this City and the comfort, convenience
47 and safety of its citizens require an improved transportation
48 system, composed of transit facilities, publmc hzghways and other
49 modes of transport and that joint action through a transportatzon
50 district by the cities which are to compose the transportation
51 district will facilitate the planning and development of the needed
52 transportation system.
53
BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF
54 VIRGINIA BEACH, VIRGINIA:
55
That this Ordinance shall be in effect from and after its
56 adoption.
57
The City Clerk is hereby directed to transmit three (3)
58 certified copies of this Ordinance to Donald H. Clark, Esquire,
59 General Counsel, at One Columbus Center, Suite 900, Vlrgznia Beach,
60 Virginia 23462-6762.
61
Adopted by the Council of the City of Virginia Beach,
62 Virginza, on the 13 day of July
, 1999.
63 CA- 744 0
wmm\ordres \
65 tdhr. ord
66 July 6, 1999
67 R-1
APPROVED AS TO CONTENT/
g2XlD LEGAL SI. JFFIqIENCY://
Item V-I. 11.
- 31 -
ORDINANCES/RES OL UTIONS
ITEM # 45255
Upon motion by Vtce Mayor Sessoms, seconded by Councilman Harrtson, Ctty Council ADOPTED:
Resolution re the proposed 1999-2000 Performance Contract between
the Vtrgtnta Beach Communtty Services Board (CSB) and the Vtrgtnta
Department of Mental Health, Mental Retardation and Substance
Abuse (MH/MR/SA) services
Voting: 11-0 (By Consent)
Councd Members Vottng Aye:
Linwood O. Branch, III, Margaret L Eure, William W Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor
Wdham D. Sessoms, Jr. and A. M "Don" Weeks
Council Members Voting Nay
None
Council Members Absent'
None
July 13, 1999
A RESOLUTION APPROVING THE FY 1999-
2000 PERFORMANCE CONTRACT BETWEEN
THE VIRGINIA BEACH COMMUNITY
SERVICES BOARD AND THE VIRGINIA
DEPARTMENT OF MENTAL HEALTH, MENTAL
RETARDATION AND SUBSTANCE ABUSE
SERVICES
WHEREAS, the Commonwealth of Virginia makes funding
9 available for mental health, mental retardation and substance abuse
10 services provided by community services boards;
11
WHEREAS, this annual funding is governed by a performance
12 contract, pursuant to Code of Virginia § 37.1-198;
13
WHEREAS, the General Assembly has set forth numerous new
14 conditions and requirements that must be included in performance
15 contracts;
16
WHEREAS, while the initial draft of the performance
17 contract submitted to localities by the Virginia Department of
18 Mental Health, Mental Retardation and Substance Abuse Services
19 created a number of concerns, an acceptable contract was produced
20 through a series of meetings between representatives of the state
21 and the localities;
22
WHEREAS, in compliance with Code of Virginia § 37.1-198,
23 a proposed contract between the Virginia Beach Community Services
24 Board and the Virginia Department of Mental Health, Mental
25 Retardation and Substance Abuse Services has been completed, public
26 comment on the contzact was solicited for thirty days, and the
27 Virginia Beach Community Services Board approved the contract at
28 its meeting on June 24, 1999; and
29
WHEREAS, pursuant to Code of Virginia § 37.1-198, the
30 City Council must also approve the proposed performance contract.
31
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
32 OF VIRGINIA BEACH, VIRGINIA:
33
The City Council hereby approves the proposed 1999-2000
34 performance contract between the Virginia Beach Community Services
35 Board and the Virginia Department of Mental Health, Mental
36 Retardation and Substance Abuse Services.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 13 day of July
, 1999.
CA-7441
ORDIN~NONCODE[PERFCONRES
JULY 6, 1999
R5
APPROVED AS TO CONTENTS:
Department of Ment Health,
Mental Retardation and Substance
Abuse Services
APPROVED AS TO LEGAL
SUFFICIENCY:
FY 1999-2000 STATE DMHMRSAS
PERFORMANCE CONTRACT
BACKGROUND:
Based upon Code of Virginia Section 37.1-198, the state department of Mental Health,
Mental Retardation, and Substance Abuse Services (DMHMRSAS) requires that state
controlled mental health funding (state, federal, Medicaid and required local match
dollars) for Iocalibes be made available via the mechanism of a performance contract.
The contract defines the services that are to be provided, the number of consumers to
be served, and the administrative and reporting requirements of localities. While a
performance contract mechanism has been used by DMHMRSAS for more than ten
years, the enactment of House Bill 428 by the General Assembly last year
substantially changed the content of the contract and the process by which the contract
is developed at the local level.
Significant changes ~nclude:
The contract redefines the relationship between state and local government with
regard to mental health service delivery. The relationship between the state and
the locality is defined as a purchase of service agreement in which the locality is
the "prowder" of services that are purchased by the state with state, federal,
Medicaid and required local match funding.
The contract requires a significant increase in the reporting and administrative
requirements placed on the locality, including reporting of data, development of
outcome measures, and implementation of human rights and dispute resolution
processes.
The contract requires a thirty day public comment period prior to the Board's
endorsement of the contract.
The contract requires that City Council also approve the performance contract
prior to ~ts submission to DMHMRSAS.
CONTRACT DEVELOPMENT PROCESS:
The original draft of the Performance Contract issued by DMHMRSAS in early January
of 1999 contained a number of requirements that were problematic for localities across
the state. A VML/VACO sponsored work group consisting of CSB staff and local city
and county attorneys met with the Commissioner of DMHMRSAS and the Attorney
General's Office several times in order to express concerns and negotiate required
changes in the contract. This work group was chaired by the Deputy County Manager
of Henrico County After several iterations, the final draft contract was determined to
be acceptable by the work group The Virginia Beach CSB and the City Attorney's
Office played a major role in negotiating this contract and have already begun to
discuss the contract process for FY 2001
Consistent with the contract requirements, the document was made available for public
comment for thirty days. While families, consumers and the community at large had the
opportunity to review the document and express comment to us in writing or verbally,
we received only one written comment, which was a positive one. Based upon staff
recommendabons, the Community Services Board formally reviewed the contract
during its June 24, 1999 Board Meeting and endorsed its submission.
The dollars associated with the contract are.
· Mental Health Services: $5,187,498
· Mental Retardation Services: 5,904,792
· Substance Abuse Services 3,078,473
· Adm~n~strabon. 295,600
....
$14,466,363
RECOMMENDATION:
We recommend that City Council approve the submission of the contract and authorize
the City Manager to execute ~t on behalf of the City of Virginia Beach
Item V-I. 12.
- 32 -
ORDINANCES/RES OL UTIONS
ITEM # 45256
Upon motion by Vtce Mayor Sessoms, seconded by Councdman Harrison, City Councd ADOPTED:
License Refunds: $3,319.87
Voting' 11-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr,
Harold Heischober, Barbara M. Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker, Vtce Mayor
Wtlltam D Sessoms, Jr and A. M "Don" Weeks
Council Members Vottng Nay.
None
Council Members Absent
None
July 13, 1999
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following apphcations for hcense refunds, upon certIfication
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
ABERCROMBIE & FITCH INC
AGNEW PATRICK S
BALLENTINE DAVID W
BAUBLITZ LINDA L
BELL HOPE D
CACTUS CREEK INC
COLONIAL CHIROPRACTIC PC
DAY BRENDA LEA
DICOTE INC
EDEN FAMILY INSTITUTE
FAIRCLOTH PENNIE C
FUSION DYNAMICS INC
HANLON LYNNE P
HUTCHINSON MATTHEW/DAMARIS I
IMPACT SALES & SYSTEMS LLC
L & H CONTRACTING OF VIRGINIA INC
LONGMORE JEANNETTE
MASTER AUTO INC
MAURICE TV & ELECTRONICS INC
QUALITY TECHNICAL SERVICES INC
SCHATZMAN STEVE
SPICHER KENNETH E
ST ROMAIN JEANINE
TECHNICAL COMPANY INC (THE)
WILLS DOUGLAS E
06/15/99 AUDIT 532 60 57 88 590 48
06/16/99 AUDIT 1,351 25 15758 1,508 83
06/17/99 AUDIT 40 00 0 00 40 00
1999 06/18/99 8 50 0 00 8 50
1999 06/17/99 10 00 0 00 10 00
06/18/99 AUDIT 61 59 0 00 61 59
06/17/99 AUDIT 55 70 17 17 72 87
1999 06/17/99 10 00 0 00 10 00
06/21/99 AUDIT 50 00 0 00 50 00
06/16/99 AUDIT 19280 583 19863
1999 06/22/99 I 75 000 1 75
1999 06/22/99 2 94 000 2 94
1999 06/16/99 18 50 000 18 50
1999 06~23~99 14 21 000 14 21
1999 06/22J99 11 05 000 11 05
1999 06/18/99 31 06 000 31 06
06/16/99 AUDIT 30 27 000 30 27
1999 06~24~99 27100 000 27100
1999 06~24~99 15 04 000 15 04
1999 06~04~99 31785 000 31785
1999 06/21/99 1 40 000 1 40
1999 06~23~99 31 95 000 31 95
1999 06/17/99 1 54 000 1 54
1999 06/18/99 18 75 000 18 75
1999 06/22/99 1 66 000 1 66
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling
C~ty of Virginia Beach on the
$3,319 87
13
Cert~f, ed ~s to
Philip J'~ella~n" --
Commissioner of the Revenue
'--Eeshe't_ blley
C~ty Attorney
were approved by the Councd of the
day of ,.Tb%Y ,19 99
Ruth Hodges Smith
City Clerk
Item V-J.
- 33-
PUBLIC HEARING
ITEM # 4525 7
PLANNING
Mayor Meyera E Oberndorf DECLARED a PUBLIC HEARING on'
PLANNING
1. KOPASSIS CONSTRUCTION, INC.,
A VIRGINIA CORPORA TION
STREET CLOSURE
2. JO YNT ENTERPRISES, INC.
CONDITIONAL USE PERMIT
3. PRINCESS HO USE, L.L. C.
CONDITIONAL USE PERMIT
CONDITIONAL CHANGE OF
ZONING
4. BEACHA UTO GROUP, INC.
T/A ATLANTIC TRUCK CENTER
CONDITIONAL USE PERMIT
5. JUDE O- CHRIS TIAN 0 UTREA CH CENTER, INC.
CONDITIONAL USE PERMIT
6. 3 MAC ASSOCIATES
CHANGE OF ZONING
7. ZA CHAR Y PLA CE CONDOS, L.L.C.
CHANGE OF ZONING
8. SUBDIVISION REG ULA TIONS
AMEND SECTION 6.3
Deleting requirement re
name of Borough
July 13, 1999
Item V-J
PUBLIC HEARING
PLANNING
- 34-
ITEM # 45258
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Harrison, Ctty Councd APPROVED in one
motton Items 1, 5 (INDEFINITE DEFERRAL), 6, 7 and 8 of the PLANNING BY CONSENT
Item 5 was DEFERRED INDEFINITEL Y, B Y CONSENT A Task Force comprised of Counctl Members
Branch and Parker was appointed by the Mayor to work wtth the citizens of the area, as well as the
supporters of the Judeo-Christian Outreach Shelter
Vottng. 11-0
Council Members Voting Aye:
Ltnwood O. Branch, III, Margaret L. Eure, Wtlliam W. Harrtson, Jr,
Harold Heischober, Barbara M Henley, Louts R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor Wtlham D
Sessoms, Jr. and A M "Don" Weeks
Councd Members Vottng Nay:
None
Counctl Members Absent'
None
Item V-J. 1.
- 35-
PUBLIC HEARING
ITEM # 45259
PLANNING
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Harrtson, City Counctl APPROVED the
application of KOPASSIS CONSTRUCTION, INC., a Vtrginia Corporation,for the disconttnuance, closure
and abandonment of an unimproved portton of Mill Dam Road'
Petttion of Kopassts Construction, Inc, a Vtrgtnia Corporatton for the
discontinuance, closure and abandonment of an ummproved portion of Mtll
Dam Road located at the northwest corner of Mill Dam Road and Shoveller
Avenue. Satd parcel contains 1,947square feet (L YNNHA FEN- DISTRICT
5)
The following conditions shah be required
o
.
The City Attorney's Office wtH make the final determination
regardtng ownership of the underlytngfee. The purchase prtce to
be pard to the Ctty shall be determined accordtng to the "Pohcy
Regarding Purchase of City's Interest tn Streets Pursuant to Street
Closures," approved by Ctty Councd Coptes of the pohcy are
available tn the Planntng Department
The apphcant is required to resubdtvide the property and vacate
internal lot hnes to tncorporate the closed area into the adjoining
parcels. The plat must be submttted and approved for recordation
prtor to final street closure approval
The applicant ts requtred to vertfy that no prtvate utilities extst
withtn the right-of-way proposed for closure Prehmtnary
comments from the utthty compames in&cate that there are no
private utilities withtn the right-of-way proposed for closure If
prtvate utthttes do exist, easements satisfactory to the utility
company, must be provtded
A one-foot (1 ') no ingress easement ts to be recorded along the
entire portton of this excess rtght-of-way as tt adjoins Mtll Dam
Road
A note shall be placed on the final plat tndicating that no
structures, incluchng fences, shall be constructed within five feet
of the existtng sidewalk that borders the site on the southern stde
Closure of the right-of-way shall be contingent upon comphance
with the above stated conditions wtthin 365 days of approval by
Ctty Counctl If all conchttons noted above are not accomphshed
and a final plat ts not approved wtthtn one (1) year of the City
Counctl's vote to close the roadway, thts approval will be
considered null and votd
July 13, 1999
Item V-J. 1.
- 36-
PUBLIC HEARING
ITEM # 45259 (Continued)
PLANNING
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Ltnwood 0 Branch, III, Margaret L. Eure, Wtlham W. Harrison, Jr,
HaroM Heischober, Barbara M. Henley, Louts R Jones, Reba S McClanan,
Mayor Meyera E. Oberndorf,, Nancy K Parker, Vtce Mayor Wtlham D
Sessoms, Jr. and A M "Don" Weeks
Counctl Members Vottng Nay
None
Council Members Absent
None
July 13, 1999
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET KNOWN AS MILL DAM ROAD AS SHOWN ON
THAT CERTAIN PLAT ENTITLED: "PLAT SHOWING
0 0447 ACRES PORTION OF MILL DAM ROAD TO BE
CLOSED" WHICH PLAT IS ATTACHED HERETO AS
EXHIBIT "A."
WHEREAS, on July 6, 1999, Kopassls Construction, Inc., a Vlrglma corporation,
apphed to the Council of the City of V~rglnla Beach, Virginia, to have the hereinafter described
street discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that said street be dlscont~nued, closed,
and vacated, subject to certain conditions having been met on or before July 6, 2000,
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach, V~rglnla, that the
hereinafter described street be discontinued, closed and vacated, subject to certain conditions being
met on or before July 6, 2000'
All that certain lot, piece or parcel of land, situate, lying and being in the C~ty of
V~rg~ma Beach, Vlrg~ma, as shown by the d~agonal hatching and designated and
described as "PORTION OF MILL DAM RD TO BE CLOSED BY THE CITY OF
VIRGINIA BEACH (1,947 S.F OR 0 0447 ACRES)" as shown on that certmn plat
entitled "PLAT SHOWING 0 0447 ACRE PORTION OF MILL DAM ROAD TO
BE CLOSED BY THE CITY OF VIRGINIA BEACH, VIRGINIA BEACH,
VIRGINIA," prepared by W P. Large, Inc. (smd plat to be recorded ~n the Clerk's
Office of the Circuit Court of the City of Vlrg~ma Beach, Vlrglma, in Map Book
~, at page .)
SECTION II
The following conditions must be met on or before July 6, 2000'
1. The City Attorney's Office will make the final determ~natlon regarding ownership
of the underlying fee. The purchase price to be paid to the City shall be determined according to the
"Pohcy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by
City Council Copies of said pohcy are available in the Planmng Department.
GPIN NO.
2. The applicant is required to resubdlvlde the property and vacate internal lot lines
to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved
for recordation prior to final street closure approval.
3. The apphcant is required to verify that no private utilities exist within the right-of-
way proposed for closure Preliminary comments from the utility companies indicate that there are
no private utlhtles within the right-of-way proposed for closure If private utilities do exist,
easements satisfactory to the utility company and/or appropriate city agency must be provided
4. A one-foot (1') no ingress easement is to be recorded along the entire portion of
this excess right-of-way as it adjoins Mill Dam Road
5 A note shall be placed on the final plat indicating that no structures, including
fences, shall be constructed within five feet (5') of the existing sidewalk that borders the site on the
southern side.
6. Closure of the right-of-way shall be contingent upon compliance with the above
stated conditions within 365 days of approval by City Council. If all conditions noted above are not
accomphshed and a final plat is not approved within one year of the City Council's vote to close the
roadway, this approval will be considered null and void.
SECTION III
1. If the preceding conditions are not fulfilled on or before July 6, 2000, the
street closure application will be deemed null and void without further action by the City Council.
2. If all conditions are met on or before July 6, 2000, the date of final closure is
the date the street closure ordinance ~s recorded by the City Attorney
SECTION IV
A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit
Court of the City of Vlrglma Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA
BEACH as "Grantor" and KOPASSIS CONSTRUCTION, INC. as "Grantee."
Adopted by the Council of the City of Vlrglma Beach, Virginia, on this 13 day
of at~h¥ ,1999.
APPROVED AS TO
LEGAL S'
Law Department
CA-7336
04/01/99
F \Data~TY\Forms\DEEDS\STCLOSU~WORKING\KOPASSIS ORD
Item V-J 2.
-37-
PUBLIC HEARING
ITEM # 45260
PLANNING
Btlly Garrtngton, 4 71 Southside Road, represented the apphcant
Upon motion by Councdman Weeks, seconded by Councdman Harrtson, Cay Councd ADOPTED, AS
CONDITIONED, ADDING CONDITION #5, Or&nance upon Apphcatton of JOYNT ENTERPRISES,
INC., (PEMBROKE AUTO SALES) for a Conditional Use Permtt
ORDINANCE UPON APPLICATION OF JOYNT ENTERPRISES, INC.,
(PEMBROKE AUTO SALES) FOR A CONDITIONAL USE PERMIT FOR
MOTOR VEHICLE SALES (EXPANSION) R07992287
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon apphcatton of Joynt Enterprises, Inc, (Pembroke Auto
Sales)for a Condttional Use Permtt for Motor Vehtcle Sales (Expansion) at
the southeast corner of Vtrgtnta Beach Boulevard and Kellam Road (GPIN
#1477-35-0086) Satd parcel is located at 4753 Vtrgtma Beach Boulevard
and contatns 30, 000 square feet more or less KEMPSVILLE - DISTRICT2
The following conditions shall be required:
.
Foundatton screening, in accordance with the &tePlan
Or&nance Section SA, must be installed. The screemng may be
either in the form of landscape beds or planters If planters are
uttlized, the plants must meet the same requtrements as those tn
the landscape beds.
Two Crape Myrtles, five to six feet tn height, shall be added to the
landscape bed at the Northwest corner of the site adjacent to the
tntersection of Virgtnia Beach Boulevard and Kellam Road.
3. No outside speaker systems will be permitted
The proposed additton wall be designed and built to match the
extsting budding tn color and materials
The nonconforming freestanding sign must be removed from the
site or brought into conformance with the City Zoning
Ordinance.
This Ordinance shall be effecttve in accordance wtth Sectton 107 09 of the Zomng Ordinance.
Adopted by the Counctl of the City of Vtrgtnta Beach, Virginta, on the Thirteenth of Jul_y, Ntneteen Hundred
and Ntnety-Nine
July 13, 1999
Item V-J.2.
- 38-
PUBLIC HEARING
ITEM # 45260 (Continued)
PLANNING
Vottng: 8-3
Council Members Voting Aye.
Margaret L Eure, Wilham W. Harrison, Jr, Barbara M. Henley, Louts R
Jones, Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K Parker,
and A. M "Don" Weeks
Counctl Members Vottng Nay.
Ltnwood O. Branch, III, HaroM Hetschober and Vtce Mayor Wtlliam D
Sessoms, Jr.
Counctl Members Absent'
None
July 13, 1999
Item V-J.$.
- 39-
PUBLIC HEARING
ITEM # 45261
PLANNING
Attorney Michael Levinson, represented the apphcant
Upon motion by Councilman Weeks, seconded by Vice Mayor Sessoms, City Counctl DEFERRED UNTIL
CITY COUNCIL SESSION OF AUGUST 3, 1999, Ordinance upon Apphcatton of PRINCESS HOUSE,
L.L.C., for a Condttional Use Permit.
ORDINANCE UPON APPLICA TION OF PRINCESS HO USE, L L. C FOR
A CONDITIONAL USE PERMIT FOR HOUSING FOR THE AGED
Ordinance upon apphcatton of Princess Anne House, L.L C. for a
Condttional Use Permtt for houstngfor the aged on certatn property located
on the east side of Prtncess Anne Road, 180feet north of Baxter Road. Satd
parcel contatns 5 014 acres. DISTRICT2 - KEMPSVILLE
This deferral wdl allow refinement of the requirements. A questionnatre that was given to the apphcant to
aid the Senior Housing Review Committee tn analyztng senior houstng developments had not been submitted
to the Committee. Emergency call buttons shall be tnstalled in the units. Van Service shall be handtcapped
accesstble. The specific rendertngs and photographs submttted shall be identtfied tn the conchttons
Voting 11-0
Council Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wilham W. Harrtson, Jr,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor Wilham D.
Sessoms, Jr. and A M "Don" Weeks
Counctl Members Voting Nay.
None
Counctl Members Absent.
None
Item V-J.4.
- 40-
PUBLIC HEARING
ITEM # 45262
PLANNING
Richard A Ward, President, the applicant, represented himself
Carl Pterce, U-Haul Representative for Vtrgtnia Beach, submitted correspondence which is hereby made a
part of the record
Upon motion by Councdman Branch, seconded by Vice Mayor Sessoms, Ctty Councd ADOPTED, AS
AMENDED, Ordinance upon apphcatton of BEACH AUTO GROUP, INC., T/A ATLANTIC TRUCK
CENTER, for a Con&ttonal Use Permtt.
ORDINANCE UPONAPPLICA TION OF BEA CHA UTO GR 0 UP, INC , T/A
ATLANTIC TRUCK CENTER, FOR A CONDITIONAL USE PERMIT FOR
MOTOR VEHICLE RENTALS R07992288
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon apphcation of Beach Auto Group, Inc T/A Atlanttc Truck
Center, for a Con&ttonal Use Permtt for motor vehicle rentals on the north
stde of Vtrgtnia Beach Boulevard, east of Htghway Lane. Said parcel ts
located at 1752 Virgtma Beach Boulevard and contatns 38, 500 square feet
DISTRICT 6 - BEA CH
The followtng condtttons shall be requtred.
Ail trash and debris must be removed from the site prior to the
issuance of a bustness license to operate the truck rental
operatton The stte must be kept clean from trash and debrts
2. All tnoperattve vehicles must be removed from the site. No
inoperattve vehicles shall be stored on the site
3 No repatr ofvehtcles shall bepermitted on the stte
.
No vehicles will be parked on the grassy areas of the lot If
addttional parking is needed, the area must be tmproved wtth
asphalt or concrete, curb and gutter, and landscaptng, as requtred
by the appropriate City ordmances
No outside display of merchandise, other than motor vehicles,
within 35feet of the Virgmia Beach Boulevard rtght-of-way wtll
be permttted
Any new freestanding stgn must conform to current code
requtrements. No banners, streamers or portable signs wtll be
permttted.
7 The buddings on the stte must be patnted in an earth tone or
neutral color prior to the tssuance of a business hcense
Street frontage landscaping consisting of multi-stemmed Crape
Myrtle trees, five to stx feet in height, fifteen feet on center, and
Needlepotnt Holly, three to four-feet tn hetght, four-foot on center,
must be installed in the grassy areas of the city rtght-of-way
adjacent to the front of the stte The landscaptng will be
maintained at the expense of the operator(s) of the stte
July 13, 1999
Item V-J. 4
- 41 -
PUBLIC HEARING
ITEM # 45262 (Continued)
PLANNING
A one year limtt ts attached to the condttional use permtt The
condtttonal usepermtt shall be reviewed by City Council after the
j, ,~'rs' year.
10. A maxtmum of four (4) rental vehtcles shall be permitted on thts
site This restrtction apphes to etther trucks and/or traders and
hmtts the total number of rentals to four (4)
This Ordinance shall be effective tn accordance with Section 107 69 of the Zoning Ordtnance
Adopted by the Council of the Ctty of Virgtnia Beach, Virgtma, on the Thtrteenth of Ju!¥, Nineteen Hundred
and Ntnety-Ntne
Voting' 10-1
Councd Members Vottng Aye:
Ltnwood O. Branch, III, Margaret L. Eure, Wdham W Harrison, Jr,
Harold Hetschober, Barbara M Henley, Louts R. Jones, Mayor Meyera E.
Oberndorf, Nancy K. Parker, Vtce Mayor Wtlliam D Sessoms, Jr and
A M "Don" Weeks
Council Members Voting Nay'
Reba S. McClanan
Council Members Absent.
None
July 13, 1999
Item V-J 5.
- 42 -
PUBLIC HEARING
ITEM # 45263
PLANNING
Upon motton by Vice Mayor Sessoms, seconded by Councilman Harrtson, Ctty Counctl DEFERRED
INDEFINITEL Y, B Y CONSENT an Ordinance upon Apphcatton of JUDEO-CHRISTIAN OUTREACH
CENTER, INC., for a Condttional Use Permtt
ORDINANCE UPONAPPLICA TION OF JUDEO-CHRISTIAN O UTREA CH
CENTER, INC, FOR A CONDITIONAL USE PERMIT FOR A GROUP
HOME
Ordinance upon application of Judeo-Chrtstian Outreach Center, Inc., for
a Condittonal Use Permit for a group home on the south stde of Vtrgmta
Beach Boulevard, 195.07feet east of Seabndge Road (GPIN #2417-75-
15 70) Saidparcel ts located at 959 Vtrgmta Beach Boulevard and contatns
4 059 acres. BEA CH- DISTRICT 6
A Task Force comprtsed of Counctl Members Branch and Parker was appointed by the Mayor to work wtth
the citizens of the area, as well as the supporters of the Judeo-Christian Outreach Shelter
Voting: 11-0 (By Consent)
Council Members Vottng Aye'
Ltnwood O. Branch, III, Margaret L. Eure, Wdliam W Harrison, Jr,
Harold Hetschober, Barbara M Henley, Louis R. Jones, Reba S McClanan,
Mayor Meyera E Oberndorf, Nancy K. Parker, Vtce Mayor Wtlham D
Sessoms, Jr. and A M. "Don" Weeks
Counctl Members Vottng Nay'
None
Council Members Absent.
None
July 13, 1999
Item V-d. 6.
- 43 -
PUBLIC HEARING
ITEM # 45264
PLANNING
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Harrison, Ctty Counctl ADOPTED an
Ordinance upon apphcatton of 3MAC ASSOCIA TES for a Change qf Zontng Dtstrtct Classt_fication
ORDINANCE UPON APPLICATION OF 3MAC ASSOCIATES FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-SD TO
R-15 Z07991141
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of 3Mac Associates for a Change of Zomng
Dtstrtct Classification from R-SD Residential Duplex District and R-15
Residenttal District to R- 7 5 Residential District on certatn property located
at the southern extremtty of Scotland Street begtnmng at a potnt 900feet
more or less east of Salem Road (GPINS #1474-97-7701, #1474-08-1391)
The proposed zonmg classtficatton change to R-7 5 is for smgle famtly
residenttal land use wtth 7,500 square foot lots The Comprehenstve Plan
recommends use of this parcel for residential use tn accordance with other
plan pohces. Said parcel contains 3.136 acres. PRINCESS ANNE -
DISTRICT 7
Thts Or&nance shall be effective in accordance with Sectton 107 69 of the Zoning Ordinance
Adopted by the Council of the City of Virgtnia Beach, Virgtnia, on the Thirteenth o_f July, Nineteen Hundred
and Ninety-Ntne
Vottng 11-0 (By Consent)
Councd Members Vottng Aye'
Linwood O. Branch, III, Margaret L. Eure, William W. Harrtson, Jr,
Harold Heischober, Barbara M Henley, Louts R Jones, Reba S. McClanan,
Mayor Meyera E Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M "Don" Weeks
Council Members Voting Nay:
None
Counctl Members Absent.
None
Item V-J. 7.
- 44 -
PUBLIC HEARING
ITEM # 45265
PLANNING
Upon motton by Vice Mayor Sessoms, seconded by Counctlman Harrison, Ctty Counctl ADOPTED an
Ordinance upon apphcatton of ZA CHAR Y PLA CE CONDOS, L.L. C., for a Condtttonal Change of Zontng
Dtstrtct Class~cation:
ORDINANCE UPON APPLICATION OF ZA CHAR Y PLA CE CONDOS,
L L C FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TIONFR OM
R- 7 5 TO CONDITIONAL A-18 Z07991142
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Zachary Place Condos, L L C. fora Change
of Zoning Distrtct Classtfication from R-7 5 Restdential Dtstrtct to
Conchtional A-18 Apartment District on the north side of Old Vlrgtnta
Beach Road, east of B irdneck Road (GPIN #2417-68-6100, #2417-68-524 7
& #2417-68-6382). The proposed zoning classfcatton change to
Con&tional A-18 is for multi-faintly land use at a density no greater than 18
dwelhng units per acre The Comprehenstve Plan recommends use of thts
parcel for suburban restdenttal denstties at or below 3 5 dwelhng untts per
acre that are compattble wtth stngle-family tn accordance wtth other Plan
polictes Said parcel is located at 956 Old Vtrgtnta Beach Road and
contatns 2 3 acres. BEACH - DISTRICT 6
The following condition shall be required'
Agreement encompasstng proffers shall be recorded with the
Clerk of the Ctrcutt Court and ts hereby made a part of the
record
This Ordinance shall be effective in accordance wtth Section 107 09 of the Zontng Ordtnance
Adopted by the Council of the City of Virginta Beach, Virgtnta, on the Thirteenth of Jul_y. Nineteen Hundred
and Nmety-Ntne
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Ltnwood 0 Branch, III, Margaret L. Eure, William W Harrtson, Jr,
Harold Hetschober, Barbara M. Henley, Louts R Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor Wilham D
Sessoms, Jr and A. M "Don" Weeks
Counctl Members Voting Nay:
None
Council Members Absent
Item V=d. 8.
- 45 -
PUBLIC HEARING
ITEM # 45266
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:
Ordtnance to AMEND Section 6 3 of the Subchvtston Regulattons of the Ctty
Code (Appendix B) by DELETING the requirement that a subdivision plat
or map presented for recordatton include the name of the Borough
(DISTRICT) in which the property ts located.
Voting'
11-0 (By Consent)
Council Members Voting Aye'
Ltnwood 0 Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Hetschober, Barbara M. Henley, Louts R. Jones, Reba S. McClanan,
Mayor Meyera E Oberndorf Nancy K. Parker, Vtce Mayor Wtlham D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Vottng Nay:
None
Council Members Absent.
None
AN ORDINANCE TO AMEND THE
SUBDIVISION REGULATIONS OF THE CITY
CODE (APPENDIX B) BY DELETING THE
REQUIREMENT THAT A SUBDIVISION PLAT
OR MAP PRESENTED FOR RECORDATION
INCLUDE THE NAME OF THE BOROUGH IN
WHICH THE PROPERTY IS LOCATED
SECTION AMENDED: § 6.3
9
10
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
11
That Appendix B, Section 6.3 of the Subdivision Regulations,
12 is hereby amended and reordained to read as follows:
13 Sec. 6.3. Final plats and data.
14
The final subdivision plat shall be prepared by a certified
15 civil engineer or land surveyor in ink on an approved durable
16 tracing-medium at a scale of 1" = 100' unless a different scale is
17 approved by qeneral rule for classes of cases or by the planning
18 director in a particular case. Ail original tracings shall be
19 presented between the following sizes: 8 ~" X 11" and 18" X 24"
20 Lettering shall be no less than one-tenth inch or 2.54 mm. in
21 height. Lettering and line weight shall be no less than .013 inches
22 or .3302 mm. Letter and line spacing for control pencil drawings
23 shall be no less than .050 inches and for ink drawings no less than
24 .040 inches. When more than one sheet is required, all sheets shall
25 be numbered and of the same size, with match marks to guide
26 preparation if composite maps, and an index map on a sheet of the
27 same size as the sectional maps shall be filed, which shall show,
28 among other thmngs, sectional map numbers, all lot and block
29 numbers, and street names. In addition, a small scale location map
30 showing the property shall be required. The final plat shall show
31 the following data, and shall be completed and processed as
32 indicated:
34 (q) When any subdivision plat or map is presented for
35
recordation, in addition to the requirements now in
36
effect, there shall be added ~ ...... ~LL~ v~ ~^~ borough in
37
whi~ ~-~ ...... ~ ,
~ ..... ~v~y ~s i~+~~~ ~ the source of t~tle of
38
the immedmate grantor of the property beinq subdivided.
40
Adopted by the City Council of the City of Virginia Beach on
41 this 13tn day of July, 1999.
42
43
44
45
46
CA-6997
DATA/ORD IN/PROPOSED / 47 - 006 - 3. ORD
Ri
May 14, 1999
Item V-K. 1.
- 46-
APPOINTMENTS
ITEM # 45267
BY CONSENSUS, Ctty Council RESCHEDULED the following APPOINTMENTS:
FRANCIS LAND HOUSE BOARD OF GOVERNORS
July 13, 1999
Item V-K.2.
-47-
APPOINTMENTS
ITEM # 45268
Upon NOMINATION by Vice Mayor Sessoms, City Counctl APPOINTED:
I/an Cunningham
John Nicholas Parker
3-Year Terms
7/13/99 - 2/28/2000 Plus 3/1/2000 - 2/28/2002
PERSONNEL BOARD
Vottng: 11-0 (By Consent)
Council Members Voting .dye'
Ltnwood O. Branch, III, Margaret L. Eure, Wtlham W Harrtson, Jr.,
Harold Heischober, Barbara M. Henley, Louts R. Jones, Reba S McClanan,
Mayor Meyera E. Oberndorf, Nancy K Parker, Vtce Mayor Wdliam D
Sessoms, Jr and ,4 M "Don" Weeks
Council Members Voting Nay:
None
Counctl Members Absent.
None
July 13, 1999
Item V-L.
- 49-
UNFINISHED BUSINESS
ITEM # 45269
ADD-ON
Under the sponsorshtp of Mayor Oberndorf, the followmg regtstered to speak relattve the FOURTH OF
JULY WEEKEND TRAFFIC PLAN :
Robert Lachman, 435 Ptnewood Drtve, Phone 422-.5539, hfettme restdent of Vtrgtma Beach, represented
the Vtrgmta Beach Ftshmg Pter, owned and operated by hts famdy and partners for fifty (50) years Loses
were suffered during the Fourth of duly Weekend of 45 to 60%
Barbara Messner, Post O/rice Box 514, Phone 422-1902, submttted a hst of questtons and concerns to Ctty
Councd
Reverend Lamont Brown, Pastor - Mount Ohve Bapttst Church, representmg Mmtsters' Forum, 310 North
Btrdneck Road, Phone 422-0904, urged revtsmg of closing of streets whtch caused a grtdlock, wtshed a
member of hts commumty invited to serve on the ~mplementatton ora new traffic plan
Gurney Colhns, owner of Hot Lme SurfBoards on Norfolk Avenue, customers were unable to reach store due
to the lack of passes revolved m the traffic plan Business suffered losses of 40 to 50%
Pinky Drew, represented the Resort Retad Assoctatton of the Ctty
Cary Karageorge, owner ora motel for 32 years at I 1tt' Street and Oceanfront, met wtth a group of
approxtmately 75 merchants to dtscuss thts tssue Many of the motels depend upon the flow of traffic and
lost revenue Trolley lanes must go
Attorney Chuck M Lollar, represented Rtchard Kowalewttch, one of the owners of shops tn the Resort Area
submttted petttton to adopt a resolutton ehmmatmg any stmtlar traffic plans for future hohday weekends
tn the Resort Area, whtch utdtze street barrtcades and the hmtted tssuance of passes Satd pentton ts
hereby made a part of the record Satd petmon contained suggesttons
Ntck Anoma, owner of parlang lot at 21st and Arcttc and h~s partang revenue was off by 70%
Rtchard Maddox, Chatr- Resort Leadershtp Councd, advtsed the traffic plan was the concept of the Resort
Leadershtp Councd ("Stars and Strtps Exploston ") Last July, the RLC was approached by members of
tts assoctattons as well as members of other assoctattons tn an attempt to find a solutton to the problems
wtth the Hohday Weekend A Task Force was estabhshed whtch included representattves from the three
assoctattons, the Ctvtc Leagues and others The membershtp of over 200 plus busmesses was surveyed
relative the Labor Day Hohday Weekend 60% of the representattves stated thetr business was down The
Plan was developed to create aJrtendly more Jamtly atmosphere tn the Resort and a park and rtde system
All five orgamzattons (Vtrgtma Beach Hotel/Motel Assoctatton, Resort Retatlers Assoctatton, Vtrgmta
Beach Restaurant Assoctatton, Shadowlawn Ctvtc League, Resort Beach Ctvtc League) mfi~rmally endorsed
the Plan The hotels approved $100, 000 m funding to augment the entertainment package RAC also
recetved an mformal presentatton An extenstve survey wdl be conducted relattve thts weekend An Open
Forum on July 27, 1999, at 9 O0 A M, tn the PAVILION theater, by the RLC wtll be scheduled for the
busmess commumty An oJfictal report wtll be presented to Ctty Counctl on August 3, 1999
Warren Fund, 1400 Atlanttc Avenue, Phone 491-7202, restdent for twenty-five years and owner of Famtly
Entertainment Lazer Tag Center - 14th and Atlanttc and the Lazer Tag Center tn Myrtle Beach, South
Carohna, lost a church bus group of tourtsts and many customers
July 13, 1999
Item V-M.
- 49-
NE W BUSINESS
ITEM # 452 70
BY CONSENSUS, CITY COUNCIL RECORDED:
ABSTRACT OF CIVIL CASES RESOLVED - JUNE 1999
July 13, 1999
Item V-O.
- 50-
AD JO URNMENT
ITEM # 452 71
Mayor Meyera E Oberndorf DECLARED the City Counctl Meeting ADJOURNED at 7:35 P.M.
Chief Deputy City Clerk
C~ty Clerk
Meyera E Oberndorf
Mayor
City of Virginia Beach
Virgtnta
July 13, 1999
C ity of Virginia Fleaeh
LESLIE L LILLEY
CITY ATTORNEY
In Reply Refer To Our File No
OP-603
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH VA 23456-9004
(757) 427-4531
FAX (757) 426-5687
TDD (757) 427-4305
July 13, 1999
William D. Sessoms, Jr., Vice Mayor
Virginia Beach City Council
Munampal Center
Virginia Beach, V~rginla 23456
Re: Request for Conflict of Interests Act Opinion
Dear V~ce Mayor Sessoms:
I am writing in response to your request for an opinion as to whether you may participate in
City Council's d~scussion and vote on the 3 l'~t Street Project (the "ProJect")
SUMMARY CONCLUSION
Based upon the facts presented, and the apphcatlon of the State and Local Government
Conflict of Interests Act to those facts, ~t is my opinion that you do not have a "personal interest"
in the 31st Street ProJect and that, therefore, you may participate in City Council's discussion and
vote on the Project without restriction.
I base the aforesaid conclusion on the following facts which you have presented. Please
rewew and verify the accuracy of the facts set forth herein as you may only rely upon this opinion
to the extent that they are complete and accurate
FACTS PRESENTED
The proposed developer of the 31st Street Project is 31st Street L L C ("Developer") whose
prlnclpals are Edmund Ruffin, Bruce Thompson, and Professional Hospitality Resources, Inc. (the
sole stockholders of which are Bruce Thompson and Ruffin Irrevocable Trust- 1994) The ProJect
William D. Sessoms, Jr., Vice Mayor
-2- July 13, 1999
includes a restaurant pad site, and Dairy Queen has been discussed dunng Project negotiations, but
only in terms of the Developer's desire to construct a "Dmry Queen-type or style" restaurant on the
site similar to the Dairy Queen located on Atlantic Avenue at 17th Street. In that regard, ProJect
documents only refer generically to a restaurant pad site, and the decision as to the actual restaurant
to be constructed on the site, or whether a restaurant will ever be constructed, IS at the option of the
Developer. Furthermore, the Developer represents that it has not decided on a restaurant and has no
contractual obligations in that regard.
You have advised that your concern, and reason for requesting this opinion, is that you are
a member of C~ty Council and an officer of Wachovla, earning an annual income from each entity
which exceeds $10,000, and that Dairy Queen is a customer of Wachovia You have also advised
that during the ProJect's inception, Wachowa sent a letter to Edmund Ruffin offenng to take an
apphcatlon for financing of the ProJect. You have also advised that Wachovla has extended an
unsecured line of credit in the amount of $400,000 to the Ramada Inn at 7th Street, and that the line
of credit is personally guaranteed by Edmund Ruffin and Bruce Thompson. Additionally, you have
advised that Wachovia has extended a $900,000 line of credit which is personally guaranteed by the
Mah family, and that members of the Mah family are business partners with Edmund Ruffin and
Bruce Thompson. You have further advised, however, that you were not involved in Wachovia's
decision to send a finanmng application to Edmund Ruffin; that, in any event, Wachovia has not
prowded, and does not intend to provide, financing to 31 st Street L.L C; and that ~t ~s not anticipated
that Wachovia will provide financing to any other entity with respect to the ProJect
ISSUE PRESENTED
Are you permitted to participate in City Council's discussion and vote on the 31st Street
Project?
DISCUSSION/CONCLUSION
The State and Local Government Conflict of Interests Act is set forth in § 2 1-639 1 et seq
of the Code of Virginia (1950), as amended. The primary focus of the Act is on the personal
~nterests of an officer or employee of state or local government in the transactions of, and contracts
with, the governmental or advisory agency of which he or she IS a member. In this case, you have
a"personal interest" in Wachovla by virtue of your receipt of income from Wachovla which exceeds
$10,000 annually. The critical inquiry, therefore, is whether or not you have a "personal Interest"
in the 31 st Street Project pursuant to the facts presented.
A "personal interest in a transaction," as defined in the Act,
exists when an officer or employee or a member of his
immediate family has a personal ~nterest in property or
William D. Sessoms, Jr., Vice Mayor
-3-
July 13, 1999
a business, or represents any individual or business and
such property, business or represented individual or
business (0 is the subject of the transaction or (il) may
realize a reasonably foreseeable direct or indirect
benefit or detriment as a result of the action of the
agency considering the transaction
Based upon the facts presented, Wachov~a is not the subject of the transaction Furthermore, because
Wachovla has not provided, and does not intend to provide, financing to 31st Street L.L.C., and
because ~t is not anticipated that Wachovla wxll prowde financing to any other entity w~th respect
to the Project, ~t is not reasonably foreseeable that Wachovia would reahze a direct or ~ndlrect benefit
or detnment as a result of any action taken by Cxty Council with respect to the ProJect ~ Therefore,
~t ~s my op~mon that you are permitted to part~mpate ~n City Council's d~scuss~on and vote on the
Project without restriction.
As a final note, the Conflict of Interests Act deals w~th the types of influences upon a public
officer's judgement wtuch are clearly ~mproper. The law does not, however, protect agmnst all
appearances of ~mproper ~nfluence. In that respect, the Act places the burden on the ind~wdual
officer to evaluate whether the facts presented create an appearance of impropriety which is
unacceptable or which could affect the confidence of the pubhc ~n the officer's abd~ty to be
~mpartial.
I have op~ned that you may participate ~n th~s transaction without restriction. However, if
you are concerned that your participation ~n this transaction w~thout d~sclosure could create an
unacceptable appearance, there are two options available to you whmh may diffuse any perception
problems that may arise:
1. You may disclose the facts as presented here~n and participate in the transaction; or
.
You may d~sclose the facts as presented herein and abstain from participating in the
transaction
Tin mrcumstances where the effect of a transaction ~s speculative, remote or contingent upon
factors beyond the officer's control, ~t ~s not reasonably foreseeable that the officer's personal interest
w~ll benefit or suffer as a result of the pending transaction Additionally, the test of reasonable
foreseeabd~ty ~s to be apphed at the t~me of the transaction West v Jones, 228 Va 409, 415 (1984),
1986-87 Report of the Attorney General 11
Wllham D. Sessoms, Jr., Vtce Mayor -4- July 13, 1999
Should you dectde to declare your ~nterest and part~ctpate, a proposed dtsclosure letter which
comphes w~th {} 2.1-639 14(G) ts enclosed for you convemence Should you dec~de, tn the
alternative, to declare you ~nterest and abstatn, a proposed disclosure letter whtch comphes with {}
2.1-639.14(E) ts also enclosed If you choose to declare your interest in the transactton, you may
e~ther make the declaration orally, which wtll be recorded tn the written m~nutes of the Ctty Councd,
or you may file a s~gned written declaration w~th the Ctty Clerk, who shall make the declaration
available for public ~nspect~on for a period of five years from the date of recording or receipt
Please contact me should you destre any addtttonal tnformatton.
Very truly yours,
Leshe L. L~lley
C~ty Attorney
LLL/RMB/rkt
Enclosures
Seen and Concurred:
Commoawealt~
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
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AGENDA C R O E E E A R E M K
ITEM # SUBJECT MOTION VOTE H E N R Y S N F R S S
I I II I
I/A BRIEFING
Leshe L~lley, C~ty
LIGHT RAIL REFERENDUM QUESTION Attorney
II/111/ CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y ¥ Y
IVNI
E
F MINUTES - Jul)/6, 1999 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y
GIHI PUBLIC HEARING
1
ClP AMENDMENTS re $1 85-MILLION
LEASE REVENUE BONDS re ac, qu~s~bon
of 31'~ Street property
I/1 Ordmance to APPROPRIATE $1,850,000 ADOPTED 9-2 Y Y Y Y Y Y Y Y N Y N
to 31" Street Parkmg Garage to be offset
by financing through Lease-Revenue
Bonds/TRANSFER $200,000 re
acqu~s~bon/authonze Developer/Lease/
Escrow Agreements
2 Ordinance to AMEND Sec 2-452 2 of C~ty ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Code re BZA CONSENT
3 Ordinance to AMEND Sec 23-45 re ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
peeping toms/ADDING Sec 23-45 1 re CONSENT
unlawful filming/videotaping/
photographing
4 Ordinance to AMEND Secs 35-181, 35- ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
182, 35-186/ADDING Sec 35-182 2/ CONSENT
REPEALING Sec 35-183 re Admissions
Tax
5 Ordinance to ACCEPT/APPROPRIATE ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
$303,500 ~n Grants to F~re Depart for CONSENT
emergency preparedness
6 Ordinance to ACCEPT/APPROPRIATE a ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
$163,000 Grant from State Social CONSENT
Services to Food Stamp Program
7 Ordinance to TRANSFER $181,000 to ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Housing/Neighborhood Preservabon/ CONSENT
authonze VBCDC transitional housin~
8 Ordinance to TRANSFER $39,750 re ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
audio-visual system ~n Councd CONSENT
Chamber/Conference Room
9 Ordinance re Cooperative Agreement ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
between C~ty Councd/School Board re CONSENT
legal services
10 Ordinance to create TRANSPORTATION ADOPTED BY 8-3 Y Y Y Y N Y N Y Y Y N
DISTRICT OF HAMPTON ROADS CONSENT
encompassing Che~apeakelHampton/
Newport News/Norfolk/Portsmouth/
Suffolk/Virginia Beach
11 Resolubon re Performance Contract ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
between CSB/Va MHIMR/SA CONSENT
12 License Refunds: $3,319.87 APPROVED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
CONSENT
J/1 KOPASSlS CONSTRUCTION closure of APPROVED, 11-0 Y Y Y Y Y Y Y Y Y Y Y
port~on of Mdl Dam Road at Shoveller SUBJECT TO
Avenue (LYNNHAVEN -DISTRICT 5) COMPLIANCE,
(Deferred 7/6/99) BY CONSENT
2 JOYNT ENTERPRISES (PEMBROKE APPROVED/ 8-3 N Y Y N Y Y Y Y Y N Y
AUTO SALES) CUP Motor vehicle sales CONDITIONED/
(expansion) at 4753 V~rglma Beach AMENDED -
Boulevard (KEMPSVILLE - DISTRICT 2) Addmg Cond #5
3 PRINCESS HOUSE CUP Housing for the DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y
aoed on Pnncess Anne Road/Baxter Road UNTIL
(KEMPSVILLE - DISTRICT 2) COUNCIL
~E~;IQN 8/3/99
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
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DATE: July 13, 1999 B R C H C R P E
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AGENDA C R O E E E A R E M K
ITEM # SUBJECT MOTION VOTE H E N R Y S N F R S S
4 BEACH AUTO GROUP, TIA ATLANTIC APPROVED/ 10-1 Y Y Y Y Y Y N Y Y Y Y
TRUCK CENTER for CUP Motor vehicle CONDITIONED/
rentals at 1752 V~rg~ma Beach Boulevard AMENDED
(BEACH - DISTRICT- 6)
5 JUDEO-CHRISTIAN OUTREACH DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y
CENTER CUP Group home at 959 INDEFINITELY
V~rg~ma Beach Boulevard (BEACH - BY CONSENT
DISTRICT 6) Mayor appointed
Task Force of
Councd
Members Parker
and Branch to
work w~th
apphcants/
citizens
6 3MAC ASSOC. COZ from R-5D/R-15 to APPROVED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
R-7 5 at Scotland Street/Salem Road CONSENT
(PRINCESS ANNE - DISTRICT 7)
7 ZACHARY PLACE CONDOS COZ from APPROVED, 11-0 Y Y Y Y Y Y Y Y Y Y Y
R-7 5 to Conditional A-18 at 956 Old SUBJECT TO
V~rg~ma Beach Road (BEACH - DISTRICT PROFFERS, BY
6) CONSENT
8 Ordinance to AMEND Section 6 3 of ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Subdivision Regulat~ons/C~ty Code CONSENT
(Appendix B) by DELETING requirement
that subdivision plat or map ~nclude name
of Borough
K APPOINTMENTS
FRANCIS LAND HOUSE BOARD OF Rescheduled B Y C O N S E N S U S
GOVERNORS
PERSONNEL BOARD 3-Year Terms
7/13/99-
Appointed Van Hugh Cunmngham 2/28/2000 Plus 11-0 Y Y Y Y Y Y Y Y Y Y Y
John Nmholas Parker 3/1/2000-
2/28/2002
L/M/1 ABSTRACT OF CIVIL CASES C~ty Clerk to B Y C O N S E N S U S
RESOLVED - JUNE 1999 Record
N ADJOURNMENT 7 35 PM